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HomeMy WebLinkAboutAgenda Packets - 1988/06/06CITY OF MOUNDS VIEW CITY COUNCIL AG$6ID"ESSION �JUNE 6, 1988 7:00 P.M. 1. Consideration of Staff Memorandum Regarding Employee Training 2. Consideration of Staff. Memorandum Regarding City Staff Training Program 3. Consideration of Staff Memorandum Regarding Teamsters Local No. 49 Stand -By Supplementary Agreement 4. Consideration of Staff Memorandum Regarding Updated Job Value Hierarchy 5. Consideration of Ordinance No. 434 Amending Chapter 1.11 of the Mounds View Municipal Code 6. Consideration of Staff Memorandum Regarding Bel -Rae Ballroom Strong Beer License 7. Consideration of Staff Memorandum Regarding Mounds View Business Park Public Improvements Construction Management Agreement 8. Consideration of Staff Memorandum Regarding Final Payment, Public Works Garage Addition 9. Consideration of Staff Memorandum Regarding Sexual Harassment Policy 10. Consideration of Staff Memorandum Regarding 1988 Legis- lative Acts Summary 11. Consideration of Staff Memorandum Regarding Vehicle Equipment Maintenance Schedule 12. Consideration of Staff Memorandum Regarding Long -Term Financial Plan 13. Consideration of Staff Memorandum Regarding 1989 Budget Policies 14. Consideration of Staff Memorandum Regarding Salary Adjustment for Accounting Clerk MA PROCEEDINGS OF"THE CITY COUNC L. CITY OF MOUNDS VIEW �J / r....SEY COUNTY, MINNESOTP Regular Meeting May 23', 1988 Mounds View City Hall ____________________2401 Hwy. 10, Mounds View, MN 55112 The Mounds View City Council was called to order by Mayor Linke at 7:00 PM on Monday, May 23, 1988. The Pledge of Allegiance was said. MEMBERS PRESENT: Councilmembers Hankner, Wuori, Quick, B anchar an Mayor Linke. ALSO PRESENT: City Attorney Meyers and Clerk/ Administrator Pauley. Motion/Second: Blanchard/Hankner to approve the May 9, 9 minutes as presented. �5 ayes 0 nays Paul Milke, 5116 Brighton Lane, inquired how much the City asked the State Legislature for in g:-.ants and local government aid, and how much was given. Clerk/Administrator Pauley explained grants must be applied for individually, as they are not state aid. The preliminary figure is a 40 percent increase in local government aid, which would be $230,000, but that does not mean the City's revenues are increased by that amount, and he explained the process used. He added they do not know yet what has happened with homestead credit, which has been changed, and that could have a significant impact on the City. Councilmember Hankner explained the City has not gone to the Legislature with a formal request, but rather stay in'touch with their local Legislators. Clerk/Administrator Pauley explained the lobbying process used and added that they always hope for nore, but they never know until the end what will /happen. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: May 9, 1988 Motion Carried 5. Residents Requests and Comments from. the Floor oi Mounds View City 4uj l ��e t--- PageZTwo1968 Regular Meeti g� gf itFY ----- 4,' k Ma�`� J osed the regular meeting and opened 6. Public Hea^ig: th i.ist public hearing at 7:07 P.M. Consideration of Request for Clerk/Administrator Pauley reviewed the issue before Extension of the Council and showed an overhead map of the area Building and the surrounding property. He explained that Permit for in reviewing the request for an extension of the 8100 Groveland building permit, they have discussed the possible Road use of the lot for access to the back of the property for subdivision and development of the back lots. He stated Staff is asking the Council for direction on how to proceed, and he added that a lot split has not been granted, and if applied for, would have to be done at the time of the permit. Mike Hurley identified himself as the attorney repre- senting Julian Johnson, owner of the property. He explained Mr. Johnson is out of the State and was not able to come back for this hearing. He stated they understand that when the original building permit was issued, a lot split was not requested or approved, and that while their original intent was to develop only the small, front portion, without the split they would be dealing with the entire parcel. The Council questioned when Mr. Johnson would ask for a lot split. Mr. Hurley responded that at this time he has no intention of asking for a lot split, but has only requested an extension of the building permit at this time. He added that while 14r. Johnson had misunderstood the lot split issue at the time the original permit was granted, it is acceptable to him. Clerk/Administrator Pauley reported a previous owner had applied for a building permit approximately four years ago, which the Council denied at that time. Mr. Hurley pointed out Mr. Johnson has a buildable'lot and he does not see why the City should deny him a permit to build on his property. He added if the City is inclined to acquire the property for a future road, he is willing to talk, and he would like direction from the Council at this time as to what their intentions are, as this has been discussed for years and it is time that a decision be made. He added Mr. Johnson's intention is to construct a home and sell the entire piece, or he may possibly request a lot split at a later date. Councilmember Hankner asked what the market value of (400 the lot is. Mounds View City Council N //�� ppp°°°���Regular Meeting --------- -�®_JIV�Ma�23=1988 ---------- {Ili Page Three Mr. Hurley replied'they have done some estimating and to*looking at comparables, and as far as the small parcel is concerned, it shouldye valued at $35,000, and they do not have a price yet/tor the entire parcel. '1II/ Councilmember Hankner AWrified that if the smaller parcel is built on, the entire parcel would remain on the tax rolls. Mr. Hurley asked if any parcels in that area were land- locked presently. Clerk/Administrator Pauley replied there were, and without a road, they would remain so. Mr. Hurley pointed out th'; is not unique, then, to Mr. Johnson. He added there is potential there for c linto hold onto lthe olot oto waitMandJc"nnwhats"he lCity does, but his concern is that something be done, as the Council has sat on this for some time. He explained he had sent a letter to Attorney Meyers in January, requesting the extension, with either a yes or no answer, and five months later they are no further. Councilmember Hankner asked if Mr. Johnson would still want to go ahead if the building permit extension does cl ot of include thellot split. Mr. Hurley replied he does, yet if the City wants to acquire it, he has plans on how the property could be developed. Clerk/Administrator Pauley explained if the City acquires it, they would have to take all 77.5' of frontage, all the way through the lot, which would leave them an excess of ]]' to hopefully sell off to adjoining property owners. Bill Frits, 8072 Long Lake Road, questioned the value or cost of the property to the City. Mayor Linke explained they are just looking at possi- bilities now, and would need solid numbers before taking any action. Clerk/Administrator Pauley stated the only decision the Council would make this evening was whether or not tc extend the building permit, and if they don't, they would have to instruct Staff to begin the process of acquisition, and an appraisal would have to be done. Mayor Linke stated that a denial of the building permit extension does not mean the Council is going to purchase the property. Mounds View City Council I�I�_ l May 23, 1988 Regular Meeting � M ----Page Four Mr. Hurley pointed out if the City denies the permit extension, that is a taking, restriction and denial of the use of the property, and he would hope the City would consider that. Attorney Meyers reviewed the alternatives that are available, with a study of whether the extension of Knollwood could be developed without Mr. Johnsons property. He explained they have heard many proposals over the years. He added they could approve the lot split with the agreement that the City could acquire the large back lot for use in a future road development. He added that if the permit extension is denied, the City could be liable for denial of the use of the property. He added they could allow the issuance of the building permit extension but still look at the parcel in back for development of a cul-de-sac. He further added that the extension of the timeline would be up to Mr. Hurley. Mr. Hurley pointed out everything has been discussed time and time again, and his client is very anxious to get on with developing this property. Councilmember Blanchard asked what harm there would be in granting an extension, as the lot split has �^ not been asked for or granted. (D Mr. Hurley pointed out the building permit was originally issued in June of 1987, and a statement was written right on it by Building Inspector Jim Tobias that it would be extended to the Spring of 1988. He also reminded the Council of the letter sent in January, informing them of the request for the extension.and requesting that a decision be made in a timely manner. Attorney Meyers advised that if the Council grants the building permit extension, it would eliminate the eastern access,.and that is what the issue tonight really is. Mayor Linke closed the public hearing and reopened the regular meeting at 7:34 PM. Councilmember Hankner stated that if the extension is granted and the Council is to talk to Mr. Johnson about a future lot split, it would require additional time to discuss it with him. Attorney Meyers advised the Council must decide if the City can really use Mr. Johnson's parcel. He added that if a lot split is granted, the back portion could ultimately go back to the City for taxes in another ten years or so. Mayor Linke stated he was opposed to anything but the east exit, due to the health, safety and welfare issue of the future development. He pointed out there is also Mouns iew RegulVy Counci arMeetingl, i�� �� r a(p��� May 23, 1988 ------ ---¢-'�'Y-=I;:II� 4'j/_'i li ---Page Five �__ L �r- - O%a 12" water main on groveland which could be tied into. He stated the best way to plan for the future is to deny this and look at the acquisition of a strip of the property. Councilmember Blanchard stated she was against tying up the citizens tax dollars on a "maybe" project that might not happen for 25 years, if ever, as the majority of the property owners there do not want a road to go through. Mayor Linke replied there idanpAey•left from the Silver Lake Woods project, which comed,from the gas tax, and would not be tying up new money' Councilmember Blanchard responded that either way, the tax payers are paying for it. Councilmember Hankner stated the City could end up paying for it anyway, if they deny the permit extension and it ends up in litigation. Attorney Meyers advised the Court could assess damages for the denial of the use of the property. The money - could theoretically be recovered if a road is put in in the future, but they would have to prove that the Cl(�' market value of each property increased by that assessment. He added they could start condemnation proceedings for the road, but it may or may not he to the City's benefit. He added the City could acquire the entire parcel and sell off the buildable lots to a developer. Councilmember Hankner stated that sounds like a terrific gamble, as they could end up in very lengthy negotiations and still end up paying out a lot of money. She added she feels Mr. ,Johnson has put the Council in an unfair position as he is not available to meet with them, and they do not know where he stands on many items, and zne does not know if Mr. Hurley can answer for bir. Johnson. Attorney Meyers advised the Council decide if an east access is necessary and go from there. Councilmember Blanchard pointed Lut no one has come in with any proposals for development on any portion, and she has a real problem voting on if's, and's and maybes. Councilmember Quick stated that when the last permit was denied the policy was set, and they must 1001. LC the future to allow for development. Mounds View City Council UN May 2Si 1988 Regular Meeting Page Six ------------------------------------------ Councilmember Wuori stated she agreed, and planning is involved in putting a road in at a future time, which 0 is always "iffy". She added they must abide by the health, safety and welfare issues, and the eastern access takes care of all those points. Councilmember Hankner stated she could agree with having Staff get appraisals and begin negotiations with Mr. Johnson. At the request of the Council, Mr. Hurley stated the preliminary price of the front portion would be $35,000, the second piece directly west would be $20,000, or $75,000 for the entire parcel. Mayor Linke asked if Mr. Johnson would be willing to negotiate because if the road was put in, it would open up two lots in back to Mr. Johnson. He added that the Council was not prepared to sign any purchase agreement at this time. Councilmember Hankner suggested Staff be instructed to go ahead and get an appraisal and talk to Mr. Johnson. Motion/Second: Linke/Quick to authorize Staff to have one appraisal performed by the City's appraiser and commence negotiations for the possible acquisition of the property, and discuss with Mr. .Johnson possible points for negotiation. 5 ayes 0 nays Motion Carried Attorney Meyers advised the appraisal be done for the small parcel, the extension and the entire parcel. Mayor Linke closed the regular meeting and opened 7. Public Hearing: the second public hearing at 8:02 P.K. Consideration Clerk/Administrator Pauley explained the first of Conditional Use Pernit reading of ordinance No. 441 had been held on May 9. for Kevin This would allow a conditional use permit dthin Barcus, 2554 a B-2 district for a veterinary and animal clinic, Highway 10 with stipulations as set forth. He added Dr. Barcus has applied for the conditional use permit to operate a veterinary clinic at the Silver View Plaza, and he reviewed the five conditions that would be placed on the operation, if the permit is granted. He added that once it is approved, there would be a 30 day publication phase, and then a 30 day waiting period before it would go into effect. Mayor Linke closed the Y public hearing and reopened the regular meeting at 8:05 p.m. Mounds -View- City -Council---U ���O0 / ----May-23,ve1988 n Regular Meeting +`j/ Page Seven Moon/Second: Quick/Blanchard•to have the second . S. 2nd Reading eadtiing and adoption of Ordinance No. 441, amending and Adoption the Municipal Code of Mounds View by amending Chapter of Ordinance 40 entitled "Zoning", and waive the reading. No. 441 Councilmember Hankner - aye Councilmember Wuori - aye Councilmember Quick - aye Councilmember Blanchard - aye Mayor Linke - aye Motion Carriec. Motion/Second: Wuori/QLfiCk to approve Resolution 9. Consideration No. , approving a conditional use permit for of Resolution a veterinary animal clinic for Kevin Barcus, 2554 No. 2328 Highway 10, and waive the reading, 5 ayes 0 nays '�' •. Motion Carried Clerk/Administrator Pauley read the items on the 10. Approval of proposed consent agenda, as well as on the amended Consent consent agenda. Agenda Motion/Second: Hankner/Blanchard to approve the consent agenda as amended, and waive the reading f the resolutions. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley reported the grant has been received from 11. Authorization Ramsey County for recycling within the City, which will begin on June 21, and be of Contract every third Tuesday of the month thereafter. Agreement g with Super - Mayor Linke reported they are still lookingfor block for cycle, Inc. captains in certain areas, whose responsibility it Servicegcling would be to put out reminder signs. Motion/Second: Quick/Hankner to authorize the Mayor and Clerk/Administrator to enter into a contract agreement between the City of Mounds View and Super - cycle, Inc, for recycling services. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley explained it is the practice 12. Approval of of the City to have maintenance contracts on all Maintenance office equipment. He added Staff will pursue getting Agreement with ®a refund on the service not rendered by the previous Twin City Scontractor. Business Computers, Inc. ay Regular View MeetingCity Council uN�/1.9p�'9"��u��u Page2Eight88 Motiop/Second: Blanchard/Wuori toapprovea maintenance agreement with Twin City Business Computers, Inc. for maintenance of the Philips word processing system, at a cost of $2,014.00 to be charged to account No. 100- 4190-513. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley reported the Planning 13. Consideration Commission has recommended approval of this minor of Resolution subdivision, and it is in compliance with the City No. 2325 code. Motion/Second: Quick/Hankner to approve Resolution, No. 2325, approving a minor subdivision for Robert Petersen, 2185 Lambert Avenue, Mounds View Planning Case No. 237-88, and waive the reading. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley roo;rted the Council had 14. Consideration previc.-sly het:'. a becrinr on rz=u?st, and he of Resolution reviewed the xeascns foi 0- :•:d denial - `.fie No. 2327 appeal by Dyn mic Designer., .1-d the nrc., sed i resolution of denial has beer. is _red with the _ advise of the City Attorney, ana he read the proposed resolution. Motion/Second: Hankner/Quick to approve Resolution No. 2327, denying the variance appeal for Dynamic Designers, 7656/7660 Woodlawn Drive, Mounds View Planning Case Y-). 138-83. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley reviewed the problems with 15. Authorize 8EH the sanitary sewer line on Silver Lake Road, and to Prepare asked Council authorization for the preparation of Plans and plans and specs. He added he had received a call Specs for from Dan Boxrud, of SEH, pointing out the soil Silver Lake boarings requested by the Council would be an Road Sanitary additional $4,000, with the work to be done by Sewer.Repair Twin City Testing. There was discussion among the Council as to how many borings were to be done, and whether it would be just in front of the apartments. Councilmember Quick stated the idea of the soil boarings was for an added margin of safety for when the repairs are made in the future. Mounds View City Council �II1 i paye2Nine988 Regular MeetingI�.. ` i" ____ g_________ Clerk/Administrator Pauley reported there had been 07 water main break at 7280 Silver Lake Road recently, and a good deal of peat was encountered during the repair. Ric Minetor, Public Works Director, explained what happened with the water main, and he advised the soil borings would be money well spent, as it is much less expensive than going back and repairing houses later. Motion/Second: Quick/Wuori to authorize oShort- Ellit—r t=Henarickson, Inc. to prepare plans and specs for the Silver Lake Road sanitary. sewer repair at a cost not to exceed $12,500, and authorize Twin City Testing to perform the soil borings at an additional $4,000 in cost. 5 ayes 0 nays Clark/Administrator Pauley explained the City has 16 been experiencing difficulty in achieving acceptable water quality from Water Treatment plant No. 1, and an analysis needs to be done, which will give them direction on how to proceed. IkEft Motion/Second: stu y o Water at a cost not Hankner/Blanchard to authorize a Treatment Plant No. 1 by SERCO Labs o exceed $3,000. 5 ayes 0 nays Clerk/Administrator Pauley read Resolution No. 2330 and Resolution. No. 2331, commending Gerald Simon and Francis Doll for their 20 years of service to the Fire Department. Motion/Second: Blanchard/Hankner to adopt Resolutions No. 2330 and 2331, commending Gerald Simon and Francis Doll for 20 years of service each to the Fire Department. 5 ayes 0 nays Mayor Linke directed Staff to have plaques made, to be presented to both individuals at a future Council meeting, Motion Carried'_ Authorize Study of Water Treatment Plant No. 1 Motion Carried 17. Consideration Of Resolutions No. 2330 and 2331 Motion Carried Clerk/Administrator Pauley reported the City has 18. Consideration ,acted as a sponsoring agency for the past three years of Request by �. for the school district, and they have been requested School District to do so again. He added there is no cost to the Student City for this, and the City is merely the sponsoring Services agency, with no further obligation. Coordinator Mounds View City Council 1 S'.',, G "', ( .j�� j;il'i� I '1 i",' Re ular Meetin I'' ,i l f '" --g-----------g----------------�. �L-l-_li_ �I_ �'-! Motion/Second: Hankner/Quick to authorize Staff to sign hte papers for the School District Student Services Coordinator to file the grant application with the Minnesota Juvenile Justice Advisory Committee. 5 ayes 0 nays May 23, 1988 Page Ten Motion Carried Clerk/Administrator Pauley reviewed the need for 19. Consideration Change Order No. 2 for the Mounds View Business Park. of Mounds View He explained it would correct an error in Change Business Park Order No. 1, as well as replace the rip -rap around Change Order the perimeter of the storm water detention/retention No. 2 and Pay pond with sod. Estimate No. 2 Motion/Second: Hankner/Blanchard to approve Change Order No. 2 and authorize the payment of pay estimate No. 2 in the amount of $133,414.6,, to be charged to the Moundr View Business Park Tax Increment Fund. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley reported the Council had 20. Review and previously received a proposed amendment to Blaine's Comment o comprehensive plan, for a sports facility they plan Blaine to construct north on Radisson Road. He added Staff Comprehensive has reviewed it in detail and fiels there would be Plan Amendment minimal if any impact on Mounds View, other than an increase in traffic, which would not be at rush times: He added the Planning Commission agrees with Staff. Motion/Second: Quick/Hankner to authorize Clerk/ Administrator Pauley to send a letter to the Met Council, stating they have no comment on the plan. 5 ayes 0 nays Motion Carried Ric Minetor reviewed his memo of May 19 regarding 21. Consideration computer hardware for pavement management. of Computer Hardware for Motion/Second: Hankner/Wuori to authorize the pur- Pavement chase of computer hardware for pavement management, Management from Zeros International at a cost not to exceed $3,749, to be charged to account no. 100-4270-703000. 5 ayes 0 nays Motion Carried 11 Mounds View Cit—y Council Regular Meeting, FF !) ky r —.d t1 r !Z OR Chief f�' 1 Nanuar Ramacher presented the statistics `for%' no significanth March, 1988, noting there had deliver change. He added the been earlier of the last of the three new squadecarsed in the day and should have them all On the roaC soon. ' He explained when Edgewood reopens with si-th through eighth grade students, it will have some impact on when it had the Police Department, but probably not as much as older students there. Finance Director Brager reviewed the activities of the Finance Department for the first explained the audit report would be medical leave indepartment, quarter. He have been verythat de ar late, due to a bus a tment. He added they long-range financial and are now working on the vehicle and equipmal Planning and putting together a placement list. Park and Rec Director Saarion reviewed the win activity statistics and projects whiter ch were accomplished. Public Works Director Minetor reviewed the dOf the Building, public Works, and Sewer epartments activities year. and their plans for the remainder and Wofethe Attorney Meye:.•s had no repo.•t. With algroup Hankner reported she will be meeting With a group of interest people on May 25 regarding the proposed environmental advisory task force a brainstorming session, and they ho a to With a draft r for and what the of how the task force p come uo that responsibilities Would be. . be established anyone who is interested in Oe' She added attend. it is welcome to Councilmember Hankner reported she would be meeting with Staff and residents from the Silver View Pond area the morning of May 27, and anyone interested was welcome to attend. Councilmember Hankner stated she was impressed with the organization ® of the Pinewood Playground and they should be congratuated for their success leadership. group, May 23, 1988 Page -Eleven _- 22. First Quarter 1988 Dept. Head Reports 23. Report of Attorney 24• Reports of Councilmembers. Councilmember Hankner Mounds View City Council Regular Meeting Councilmember Hankner suggested inviting the State representatives to come in and meet with the Council and provide an update on the tax bill. She stated it would be helpful to the Council, as they will be starting the budget process soon. It was the concensus of the Council to have Staff contact them and set up a time for them to come in. Councilmember Hankner reported on a news article that had appeared in the Star Tribune on May 23 regarding school district budgets and the process they follow, and she suggested inviting the Super- intendent to come in and make a presentation to the Council on their budgeting process. She added they do not seem to communicate well, and it could be helpful to the Council '.heir budgeting process. She suggested settinr special night and inviting other local Councils'tu join in. Motion/Second: Hankner/Linke to direct Staff to contact the school district and request a meeting, at their convenience, and make it a formal meeting of the Council, for broadcast, and have them present their budget. 5 ayes 0 nays Mayor Linke stated he would like a copy of the budget in advance. Councilmember Hankner stated the City should send their budget documents to the school. district also. Councilmember Wuori stated she could not praise the Pinewood group enough for the work they did. CounciLaember Quick stated the Pinewood playground construction was an unbelievable project and experience. Councilmember B1, _hard reported the 30th anniversary buttons would be available from local merchants soon. She also asked the status of the meeting on the Harstad proposal. Clerk/Administrator Pauley reported no one showed up for the -meeting, so one did not occur. Mayor Linke reported he too felt the Pinewood playground experience was unbelievable. He also reminded everyone that recycling begins on June 21. May 23, 1998 Page Twelve ------------ Motion Card Councilmember Wuori Councilmember Quick Councilmember Blanchard Mayor Linke Mounds View City Council May 23, 1988 Regular Meeting I I Kl A ow n`/ 1/!C n Page Thirteen ACounty Commissioner McCarty updated the Council. on ,the status of the library and the meeting he had just attended. He reported problems have been encountered regarding City participation In Land'acquisition, which need to be cleared up, specifically with the City of Shoreview. Motion/Second: Linke/Blanchard to request the Library Board of Trustees move ahead on the items already approved, to avoid an increase in cost due to a time delay. 5 ayes 0 nays Motion Carried` Clerk/Administrator Pauley thanked and commended tha 25. Report of Public Works department for the assistance they gave Clerk/ to the Pinewood Playground, and specifically Steve Administrator Dazenhki and Mike Ulrich, who worked as volunteers on Saturday. Clerk/Administrator Pauley reviewed the memo of May 23 from the Bnilding inspector regarding the final inspection of 5201 Program Avenue. He added that in addition to the five items listed which must be completed for the certificate of occupancy, he would add that landscaping be completed for the building. Motion/Second: Quick/Hankner to apprcve the issuance o a certi icate of occupancy for 5201 Program Avenue, Clinch -On -Corners, with the six conditions listed. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley reported they had had the first meeting with Ramsey County regarding the sanitary sewer repair to be done on Silver Lake Road and negotiations are progressing positively. Clerk/Administrator Pauley advised that with the purchase of the former Smith Transfer property by Churchill Trucking and installation of new tanks, they have dis- covered leakage had occurred, but it would have been prior to 1984, since the tanks have been empty since that time. He explained the concern is with the fuel oil tank, as that has been in use and is showing signs of leakage. He added it was going to be moved today, and he would keep the Council appraised of the situation. Mw r' Mounds View Cit Council Regular Meetingy � I Page May 2Fourteen Mayor Linke adjourned the meeting at 9:49 PM. 26. Adjournmeo Respectfully submitted, Donald F. Pauley Clerk/Administrator W 1 DATE APPROVED: 5/23/88 PROCEEDINGS OF THE CITY COU ,�d PilCITY OF MOUNDS VIEW ru 0 RAMSEY COUNTY MINNESO Regular Meeting May 9, 1988 Mounds View City Hall ------2401 Hwy. 10, Mounds View, MN 55112 --------------------------------- - --------------------------•----- The Mounds View City Council was called to order by 1. Call to Mayor Linke at 7:00 PM on Monday, May 9, 1988. Order The Pledge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Hankner, Wuori, 3. Roll Call Quick, Blanchard and Mayor Linke. ALSO PRESENT: City Attorney Meyers, Clerk/ A m n strator Pauley and City Planner Herman. Motion Second: Wuori/Quick to approve the April 25, 4. Approval of meet ng minutes as presented. Minutes: 4 ayes 0 nays 1 abstention April 25, 1988 Motion Carried Councilmember Hankner abstained from t-he vote as she had not been present at that meeting. There were no residents requests or comments from 5. Residents thw floor. Requests and Comments from the Floor Clerk/Administrator Pauley read the items on the pro- 6. Approval of posed consent agenda, adding several contractors under Consent Agenda licenses for approval. Motion Second: Hankner/Blanchard to approve the consent agen a, as presented, and waive the reading of the resolutions. 5 ayes 0 nays Motion Carried Mounds View City Council Regular Meeting May 9, 1988 ------------------------------------------------------- Page Two Mayor Linke closed the regular meeting and opened the first public hearing at 7:05 7. Public P.M. Hearing: City Planner Herman explained the _ opose Ordinance No. 441 would allow for the introduction of veterinarviornce animal clinics in the City Code. Sne explained the ordinance includes a definition and places the use in B-2 zoning, for a conditional use, and she reviewed two conditions that .4ould be placed, concerning noise and smell and the boarding of animals. City Planner Herman stated sha had checked with County officials to get their input on concerns raised by the Council previously and reviewed their recommendations concerning negative ventilation and other control measures. She stated she feels the ordinance could be kept as it is and other circumstances could be addressed on a case by case basis during the conditional use process. Mayor Linke closed the public hearing and reopened the regular meeting at 7:09 PM. City Planner Herman explained that in December 1987, B. Presentation the City received proposals from various firms to of Results have a Cicy survey done, and the decision was made to City Surve10 go with Decision Resources. She stated they have by Dr. William completed the survey and compiled the results and Morris, compared them to other surrounding communities, and Decision find them very favorable for Mounds View. Resources Ltd. Dr. William Morris, of Decision Resources, reviewed the methodology used, and the information learned from interviewing the residents, and their perceptions of the quality of life in the City, policy preferences, City services, and the citizen/City linkages. He summarized the findings, reporting that they are very good and the people contacted generally are happy with the quality of life in Mounds View. Councilmember Hankner expressed frustration with the lack of understanding by people on how their tax dollars are spent. She also explained the intent of the survey was to help the Council in the budget process for the coming year. Mayor Linke closed the regular meeting and opened the 9. Public Hearing: second public hearing at 7:40 PM. Variance Re- questCit Planner Herman Appeal Y presented an overhead map, showing by Dynamic{ , the location of the property in question. She stated Designers, 7s56 that the proposed two four -unit structures on the and 7660 property would require subdivision of the property, Woodlawn Drive which is currently located in a wetland area and she listed the various approvals which would have to be granted. Mounds view City Council Regular Meeting ----------------------- City Planner Herman stated the Planning Commission l�had adopted Resolution 224-88 at their May 4 meeting, outlining in greater detail their previous denial of the request. She also reviewed the history of proposed development for that piece of property for the past eight years and the variances that would be required at this time. She also reviewed the results of the done by Barr Engineering on the property. She stated that based on the Planning Commission's denial of the variances, the developer has requested this appeal before the Council. Art Freetag, identifying himself as one of the owners of the property, stated he could not comment on the technical data given, but he has appeared between 39 and 41 times before Staff, the Planning Commission and Council in trying to develop this property and he would like to get it resolved. He stated that in 1979 or 1980 they were given approval to build two four-plex units on the property, but because they took so long in gathering all the additional information needed by the City, they had problems with financing and the jump in interest rates and decided not to build at that time. Since they decided not to build at that time, they asked for and were given a refund and told that the approval was then being rescinded. Then, two years later the moritorium went into effect for the wetlands and when they were ready to proceed, they worked with Staff and have since gone before the Planning Commission five or six times, but still cannot get approval. He stated he feels this development would be an improvement to the City, and he also feels the City is using his property as a storm sewer basin, which is one of the reasons he is not being allowed to develop it. Mr. Freetag stated he believes there has been precedence set for all the variances requested, and he is requesting the right to develop his propertyj and he read a prepared statement to that effect, saying that he would seek satisfaction through the Courts if approval is not given. He stated he has a great deal of money into this and he has paid for the engineering study requested by the City. Mayor Linke explained all developers are required to provide funds for engineering studies done concerning their request, and this development in particular is within the wetland, which creates problems. He added there is a buildable area on the property, but the developei is trying to overbuild the site and therefore needs a number of variances. Planner Herman explained that when this was originally approved, it was before the wetland ordinance went into effect, and different issues are raised now because of that ordinance. May 9, 1988 Page Three Mounds View City Council Regular Meeting ------------------------------------------------- Councilmember Hankner questioned if there was a reason why the wetland ordinance issues were not included in the resolution adopted by the Planning Commission, denying the request. City Planner Herman explained it was their intention to only consider the variances, since that is what they are charged with, and since they were not granting the variances, there was no need fcr them to address the other issues. Mayor Linke closed the public hearing and reopened the regular meeting at 7:59 PM. May 9, 1988 Page Four Park and Rec Director Saarion explained there have 10. been problems with cars parking along Ardan Avenue, which is the front door to Groveland Park, and they are requesting the two hour parking limitation signs to prevent people from parking there all day or nigh:., Motion/Second: Quick/Wuori to authorize the placement of "Two Hour Parking Only" signs on the north side of Ardan Avenue between Fairchild and Groveland Road. 5 ayes 0 nays Park and Rec Director Saarion explained the damage that was done to the theater stage floor at Irondale High School during the 1987 production of "Marne" `oy the Mounds View Community Theater. She stated the floor is 18 years old and needs replacement, and it has been agreed between the School District and City to place $950, which would be the cost of repairing the damage, in a joint savings account for the future repair or replacement of the floor. She added work will have to be done to raise the additional funds needed. She added the $950 would 'come from the recreation fund. Motion/Second: Quick/Blanchar, to ..,.thorize the placement of $950.00 from the recreation fund, in a savings account under the joint signature of the City of Mounds View and District 621 for the repair/ replacement of the Irondale High School theater stage floor. 5 ayes 0 nays Mayor Linke noted the $950 replacement cost does not take in mind a reduction for the age of the floor. n Authorize Placement of "Two Hour Parking Only" Signs on Ardan Avenue Motion Carried 0 11. Authorize Placement of Funds in Joint Savings Account for Irondale High School Theater Stage Floor Motion Carried Mounds View City Council Regular Meeting Councilmember Hankner pointed ont this should give the Council an opportunity the people from the school to work more closely with Positive district should come out of it. , and something Park and Rec Director Saarion reviewed the proposal for the placement of the Hillview Park building foundation. She stated Staff proposes the original bid of Buzzell Masonry, Inc. be accepted, with the change of six courses of brick rather than seven, and a north entry stoop without stairs, with a wooden handicapped -accessible ramp to be built by the Public Works staff. She stated the lowering of the courses of brick by one would reduce the length of ramp necessary to the building. i Councilmember Hankner asked when the Park and Rec Commission would be addressing the handicapped access policy. Park and Rec Director Saarion replied it is on their agenda for May 26. She explained that State Code requires that any public building must be handicapped accessible. She added the Park and Rec Commission discussed the location of the building thoroughly and unanimously agreed to leave it where it is. Councilmember Hankner stated sha was concerned with whether to proceed at this point, and questioned what the cOFt would be to make all the Park buildings intoltheped prioritiesble. She and wherestheemone they first look spent. y should be Clerk/Administrator Pauiey recommended that due to State Code, the Council adopt a policy statement that would go beyond the UBC. He explained the UBC does not require the City to go back to make all buildings handicapped accessible, but they must be brought up to stanodard when changes are made to them. He added this is the nly warming house in the City which is not on a permanent foundation. Councilmember Hankner questioned whether it was more important policy -wise to put this on a permanent foundation or make the buildings handicapped accessible. Clerk stated concerndisnintmakingpallebuildingslt the handicapped acc the only public buildings that are currently accessible, Hillview, Lambert and Groveland Parkot so currently are the the work, it could keep the cost down and if Staff does hopefully less than $s00 in material. considerabl Y, at Consideration Of Staff Memo Regarding Hillview Park Building Foundation Proposal Mounds View City Council Regular Meeting Park and Rec Director Saarion stated every one of the other park buildings has a very gentle slope. She also stated there is a concern with time, as the summer programs begin June 20 and she would like to have this in place by then. She added there is a problem with wasps and bees under the building, which would be taken care of. Councilmember Blanchard stated she sees no problem in approving this tonight and then getting a policy in place on the other buildings. She added that tim,. is a factor to keep in mind. Councilmember Quick expressed concern with the height of the foundation, pointing out they had difficulties at Groveland Park because the wood structure was too close to the ground. He stated that if there is not enough money to maximize the parks usability, he would rather wait a year before doing this. He also pointed out the proposed wooden ramp would still allow the wasps under it, and he would rather see a sidewalk with a gradual slope than a ramp. :lotion/Second: Quick/Hankner to table discussion on this until the first regular Council meeting after the May 26 Park and Rec Commission ,aeetinq. 3 ayes 2 nays Councilmember Blanchard and Mayor Links voted against the motion. Councilmember Hankner asked that Staff look at the structural implications of making a change from 7 to 6 blocks, and get information from the Park and Rec Commission on the handicapped accessibility policy. Mayor. Linke explained the UBC allows a structure to be within 6" of grade, and the majority of houses in Mounds View are only one course above grade. Councilmember Quick asked for cost comparisons of leaving the building o''-9re it is, or .noving it, based on the Park and Rec Commission discussions and recommendations. Councilmember Hankner asked that the Park and Rec Commission look at the options and prepare a budget for the work to be done and submit it to the Council. She also questioned whether the Public Works staff would have time to build the ramp. Park and Rec Director Saarion stated she had checked with them, and they had said yes, but no time lines were given. May 9, 1988 Page Six MI Motion Carried Mounds View City Council Regular Meeting May 9, 1988 Page Seven Clerk -Administrator Pauley reported the City's 13 r_Consulting Engineer has recommended the release of the ,-'development securities provided the City for Continental Development Corporation, be released as the work has been completed and found to be acceptable. Motion/Second: Hankner/Quick to approve the release of eve opment security to Continental Development Corporation of Irrevocable Letter of Credit #3929 from Builders Development and Finance. 5 ayes 0 nays Clerk/Administrator Pauley recommended the Council 14 direct Staff to prepare a resolution, listing the specific issues they would like addressed, and then consider the resolution at the May 23 meeting. Motion/Second: Hankner/liucri to direct Staff to Prepare a resolution to deny the variance recuest appeal of Dynamic Designers for 7656 and 7660 Woodlawn based in part on the lot size, phospherous stripping capacity, storm water run-off, flood height, and any further findings that would have an adverse effect on the wetland. j5 ayes 0 nays Mayor Linke pointed out the Council would not be denying the developer the use of his land, as there is another %-y it could be utilized which would allow him the use of the property. He stated that could be accomplished by putting up a smaller building, which would require less parking. He added the developer aas not shown that this is a unique situation. Councilmember Hankner stated that if development is to occur on that site, it would have to meet the criteria established by the ordinance. Clerk/Administrator Pauley read proposed Resolution 15. No. 2322. Motion/Second: Hankner/Linke to approve Resolution No. 2322, with an amendment in the third whereas, to state "adult-themed", objecting to the programming of adult-themed movies on North Central Cable Company's Channel 34 and requesting removal of adult programming from the cable system. .5 ayes 0 nays Attorney Meyers had no report. 16. Authorize Release of Development Security to Continental Development Corporation Motion Carried Consideration of Variance Request Appeal. by Dynamic Designers, 7656 and 7660 Woodlawn Mction Carried Adoption of Resolution No. 2322 Motion Carried Report of Attorney Mounds View City Council May 9, 1988 Regular Meetigg Page Eight Councilmember Hankner reported she had finished going 17. Reports of`-) door to door along Woodlawn regarding the proposed Councilmem`ae`rs: street light and was ready to make a recommendation. Councilmember. Hankner Motion/Second: Hankner/Quick to place street lights on Grove an between 8051 and 8071 on the east side of Woodlawn, and between 7980 and 7984, on the west side if no trees would be dama-ed. If there would be damage to the trees, the lights would. then be placed on the east side. 5 ayes 0 nays Motion Carried' There was considerable discussion on the above motion before the vote was taken. Councilmember Wuori pointed out the original discussion was for one street light, and asked why it was changed to two. Councilmember Hankner explained the street is very dark and they have had problems there, and after a good deal of discussion, it was felt by the homeowners that two street lights should be placed. Councilmember Blanchard stated she has a problem with it since it is entirely different than what was originally proposed, as they are going from one light to two, without a petition, and it was not on the agenda for action tonight. Councilmember Hankner stated she was willing to go out again and get a petition signed and present it again. She pointed out that she had stated at the last agenda session that she would be taking care of this at this evening's meeting. Councilmember Wuori pointed out that a street light plan for the City needs to be done. Motion: Blanchard to table the above motion. Motion Failed The motion failed for lack of a second. Councilmember Wuori had no report. Councilmember Wuori Councilmember Quick had no report. Councilmember Quick Councilmember Blanchard reported on the progress of the Councilmen.h=r button sales. She stated they hope to have the buttons Blanchard available to the public by this weekend. Mounds View City Council Regular Meeting OMayor Linke reported the Police Civil Service Commission is short one person and after interviewing several people, he was ready to make a recommendation. Motion_ /nd: Linke/Blanchard to place Bob Torborg on the Police Civil Service Commission. 3 ayes 2 nays Councilmembers Hankner and Quick voted against the motion. Councilmember Hankner stated that Mr. Toberg was already serving on one commission, and there was another candidate who had applied who was very qualified, with a background in police work, who would be a great asset to that commission. Mayor Linke stated he had taken that into consideratio.,, but the Charter Commi:.sion, which Mr. Toberg is on, is only required to meet once a year. He added he was concerned with a possible conflict with the other candidate and his work background. Councilmember Hankner states she was concerned about friends helping friends with appointments. Councilmember Quick stated he shared Councilmember Hankner's concerns. Councilmember Hankner stated that while Mr. Toberg has been a very good resident and is very dependable, they need to offer other residents an opportunity to participate. Mayor Linke reported the Council had received a letter from the Park and Rec Cacunission regarding the three candicates they had interviewed for the vacancy on the Park and Rec Commission. Motion/Second: Linke/Quick to appoint Gary Severson to fill the vacancy on the Park and Rec Commission. 5 ayes 0 nays Mayor Linke reminded everyone of the work to be done on the Pinewood Playground on May 19-21. Councilmember Wuori mentioned a raffle would be going on, door to door, with tickets $1 each. Mayor Linke reported clean-up day had been very successful, with a record amount of trash brought in _ this year. May 9, 198s Page Nine Mayor Links Motion Carried', Motion Carried Mounds View City Council Regular Meeting -------------- Mayor Linke reported recycling would begin on June 21, and would be the third Tuesday of each month. Block captains are still needed, who would put up signs reminding others in their neighborhood each month. Ile stated anyone interested could contact City Planner Herman. Mayor Links noted the Council chambers were painted and carpeted recently. Clerk/Administrator Pauley asked the Council to ".:ijc the first reading of Ordinance No. 441, which was left off the agenda, in conjunction with the public hearing held earlier in the evening, and he read the proposed resolution. Motion Second: Hankner/Blanchard to have the first reading of Ordinance No. 441,amending the Municipal. Code of Mounds view by amending Chapter 40, entitled "Zoning". 5 ayes 0 nays Mayor Links adjourned the meeting at 9:16 PM. May 9, 1988 Page Ten ------------- 18. Report of Administrator Motion Carried 19. Adjournmepo t� -ny,) f MEMO TO: MAYOR AND CITY COUNCIL FROM: CLERK -ADMINISTRATOR DATE: MAY 18, 198 SUBJECT: EMPLOYEE TRAIN Councilmember Gary Quick recently requested a report from me regarding the status of the City's Employee Training Program. In response to this request, besides listing those training sessions that have been attended by City employees during the first take four months of this year, being this opportunity to describe to you theethodrams practiced by me in determining what types prog employees are required and/or allowed to attend. At the time performance reviews were completed on our non -unionized employees at the end of 1encouragedwitall Department Heads to take the opportunityent the employees any ded training on performancedgoalsItandtobjectivesmduring with the employee 1988 which should include attendance at some training programs. With respect to the unionized members of our staff, since mandatory performance reviews are not undertaken, Police Department does conduct their own �,. oices, the performance review of indilice goalsfaPol ndrobjectives feasiblitY of developing performance for each individual employee did not exist. Therefore, I directed the supervisors ram foreachemployees or to develop a proposed training program the department as a whole based upon their perceived needs and e in concert with the mployees. You must also recall that our police officers are required completecertaiPolice officers educational Standards and Training Board to requirements on an annuals basis in order to maintain their licenses. As a result of these various discussions, individual departments and the Department Head Team as 3whole individual g programs applying t developed various trainin employees, departments, or the City. seen some of You Have this as a result of our recommendation and your approval of a City-wide training session on Customer Relations which will occur in September of this year. As it relates to specific departments and the employees withinudertatheir ken during the departments the following training period of January 1, 1988 through May 1, 1988. 1. Public Works Department Wally Mortenson - U of M Sewer School Bill Hanson - U of M Water School Bill Hanggi - U of M Water School MAYOR AND CITY COUNCIL PAGE TWO MAY 18, 1988 Public Works (continued) Tim Pittman Steve Dazenski - U of M Chemical A lications - U Mike Ulrich of M Chemical Applications School - North Hennepin Community Jim Tobias - Collegeool Public Works Certification - Annual Building Officials School H.R.A. Workshop - Barb Collins - - North Star Meeting - Radon Gas North Star Meeting - Glazing Anoka Ramsey Community College Customer Service - Workshop U of M Written Communication Skills for Office 2. Plice — Department Support Staff Workshop Police Chief Ramacher - Anoka Ramsey Community College Improving your Writing Skills - Spring Police Chiefs Conference - In House CPR Class - Legal Aspects of Law Pat Michna Enforcement - U of M Written Communication Skills for Dave Brick Support Staff Work - shop - Anoka Ramsey Community College Improving Your Writing Skills - Legal Aspects of Law Enforcement - Motivational Leadership - Employee Performance - Police Chief's Convention In Reed Krogh _ House CPR Training Supervisor As Editor Jerry Johnson - Constitutional Law Principles _ ±PR Instructor Training fotivational Leadership - Improving Employee Performance - Excellent in Law Enforcement - Search and Seizure Roger Koopemeiners In House CPR Training - Constitutional Law Principles - Narcotics School Jack Chambers In House CPR Training - Juvenile Legal Update - Reed and Associates Interview School Refresher Larry Siluk - In House CPR Class - Reed and Associates Interview School - Drug Task Force Tim Brennan - In House CPR Class - - Hazardous Material and AIDS Narcotic Task Force - Search and Seizure - In House CPR Class LA PAGE THREE MAY 18, 1988 Police Deartment (continued) and Seizure Terry Broos In House CPR Class Certification - Intoxilizer Dave Anderson - Narcotics Task Force - In House CPR Class - Interview and Interrogation Bob Nelson Techniques - Narcotics Task Force - Search and Seizure - In House CPR Training Certification - Intoxilizer Tom Kinney - Sting operations - Narcotics Task Force _ CPR Class - Intoxilizer School Mike Kampa - Constitutional Law - Hazardous Material and AIDS - Narcotics Task Force - Search and Seizure - CPR Instructor Training Parks Recr-"" " '"dForestry Department_ Rams mmunity College Mary Saarion n Improving Your Writing Skills - MRPA Parks Maintenance and Equipment - North Dakota State University Landscaping �✓ Park Planning and Communications Sharie Linke U of M Written Skills for office Support Staff Workshop - MRPA Seasonal Staff Manual Workshop - MRPA Concessions Workshop - Pesticides Certification Rick Wriskey - Minnesota Forestry Conference - Minnesota Aquatics Conference Kelly Lindquist - Aquatic Leaders Conference - Lifeguard Training - CPR Training _ Growing - Presbyterian Homes Jeanette Spizka Younger 4. Fines ,epa� r- Government Finance officers Finance Director Brager Association Conference - No training Mary Ty Sand - Customer Service Seminar Dorothy en - pERA Reporting Seminar Kitty Hicckokkok r MAYOR AND CITY COUNCIL PAGE FOUi MAY M988 5. ClerXi-AdministratOr PduleY Michele Severson Kim Herman Carol Rasmussen Continuing Participation in Management Development Program Provided Through Don Salverda - Anoka Ramsey CommunityYour College - Improving Writing Skills - League of Minnesota Cities - LegislativeConference MAMA-aaableWork and Negotiations - Minnesota Governor's Preparedness Conference - AIDS Seminar Chamber of Suburban Area Telephone Procedures Workshop Workshop - Tax Increment Community Anoka.RamsImProving Your College ills Writing Skills Conf. - Minnesota Chamber of - Suburban Area Commerco Telephone Procedures workshon Community - Anoka Rams Customer College Relations Workshop proceed in the direction of obtaining as to improve tarehe s available at this kills Of our Staff continues tooss0 s lane to the fact much training as n. Specific p employees, City-wide staff training due as time excep tfor the s are publicized on few workshops that seminars and workshop basisr during the summer months veavailable available and no Publicity is currently provided this. are provided, s or seminars that regarding workshop Fall or early Winter. committed to obtaining the the training possible for our staff within You can be assured that I am h the budget. maximum amount of the Council thr, ding the above availabgeecific questions re9 I will be dollars youhaveany p philosophy on training agenda Should Y eneral Puestions at the June information espondytgenera those 4 happy to session. DFP/m7s 0 C; C MEMO TO: FROM: MAYOR ` AND CITY COUNCIL DATE; CLERK-ADMINISTRATORC �Jv — MAY 24, 1988 SUnJECT: CITY STAFF TRAINING PROGRAM i Attached n between Please find the Mounds view Government ProPosed letter of a iew for the C Training Service greement be conducted usto and the City of on Septemberm27 Relations Trainin the initial trai 1988. g Session to day follow- ping session at a contract calls for Previously -up ro a cost of $575 $1,100 J continue PProved by the city consiCoustent with the a half request tto find this agreement accecil. Program hat Council Should you enter into this a authorize the Clerkle� Staff would x agreement. Administrator to DFP/MJS Attachment: lu C1 • GOVERNMENT T Say 16, 1988 INING SE E Founded n 19 Mr, Don Pauley City Administrator City of Mounds View 2401 Highway 10 St. Paul, MN 55112 Subject: Letter of Agreement Regarding City council's Goal Setting Retreat Dear Don: This will confirm our agreement for the Government Training Service to present Customer Service Training to City staff and Council members from the City of Mounds View. The presenter for the one -day training and one half -day follow-up session will be Louellen Essex, consultant under contract to GTS. The date for the training session has been set for Tuesday, September 27, 1988. The date for the follow-up session will be determined later. The City of Mounds View agrees to reimburse GTS in the amount of $1,1$5750forothehhalf-dayytraining follow-up session In addition to the training and follow-up these costs include time associated with a team meeting to clarify objectives and df!velop the agenda. Additional meetings will be charged at the rate of $85/hour. It is understood that the City of Mounds View will assume all facility and meal arrangement responsibilities and provide audiovisual equipment as needed. In the event of program cancellation by the City of Mounds View after August 15, 1988, GTS will be reimbursed for staff time and expenses to date. ,Street • St. Paul, Minnesota 55101.6121222.7409 Suite 202, Minnesota Building • 46 East Fourth Minnesotaof of Regional Commissions, Minnesota Associal on of Townships, M nnesota Commun�ta y Collegest'Slate of Minnesota and University of Minnesota Mr. Don Pauley May 16, 1988 Page -2- if you would like to use: Louelle aEssillas a consultant within ts one year, it is understood that Y through Government Training Service. if you aat" with the terms and conditions set forth in this letter of agreement, please sign one copy and return it to this office. Thank Y�a- Sinc rely, Approved: May abat For Governor t Training Service Program P1 ner MS/lj For city of Moundsview 91 MEMO TO: MAYOR AND CITY COUNCIL FROM: CLERK -ADMINISTRATOR .1 DATE: MAY 24, 1988 SUBJECT: TEAMSTERS LOCAL NO. 49 STAND-BY SUPPLEMENTARY ACREE.•,ENT After a few months of experience with the previously approved Supplementary Agremeent between the City of Mounds View and Teamsters Local No. 49 for stand-by duty by our Public Works employees, we have found that there are some unclear areas as it relates to implementation of the stand- by duty program. Therefore, a new Supplementary Agreement has been negot?iced which contains all of the previously stated positions and the following additions. 1. Employees will be required to be on stand-by duty a minimum of five times per year. This will allow employees an opportunity to trade stand-by duty assignment but will also require that all employees serve on stand-by duty for a reaonsable amount of time each year. 2. The employee on stand-by duty will be the first individual called out for overtime while serving on stand-by duty as long as the employee has the n::cessary qualifications to perform the work needed. Any additional employees called out on overtime after the stand-by duty employee will be called out pursuant to the current call back requirements of the Master Labor Agreement. Public Works Foreman Mike Ulrich, Public Works Director Ric Minetor and I feel that this revised agreement provides further clarification to the stand-by duty program and hopefully will eliminate any problems we are currently experiencing with interpretation of the existing Supplementary Agreement. Your approval of this revised Supplementary Agreement is requested. DFP/MJS MA International Union of Operating Engineers LOCAL UNION NO. 49, 49A, 49B, 49C, 49D and 49E MINNESOTA • NORTH DAKOTA SOUTH DAKOTA (East nal f) JOHN J. LACKNER Pres/0ent JAMES E. SOEMER Vice Pms/denT + _ JOHN M. SCHOUVELLER i Pacotd/npConespondMg Sem ery F •�� i JON R PENDZIMAS, Tmam.>r May 13, 198, e FRED P. DEPESCHUR, Business ManagerF!nanc!al Secretary 2M ANTHCNY LANE SOUTH — MINNEAPOLIS, MINNESOTA 55a 18 Phaw: (612) 766.9441 e Mr. Donald F. Pauley Clerk -Administrator City of Mounds View 2401 Highway 10 Moundsview, lei 55112 Dear Mr. Pauley: Enclosed is a copy of the Proposal. Please review and call me if you have any questions. Sincerely yours, INTERNATIONAL UNION OF OPERATING ENTGINEERS, LOCAL NO. 49 Tim R. Connors Area Business Representative TRC/da opeiu #12 aft-cio Enclosure d, Affiliated with AF.L.C.I.O. - 46%. APPENDIL C n SUPPLEMENTARY AGREEMENT This supplementary agreement is entered into between the City for the Period beginning January 1, 1988, This Mounds View and the International Union of Operating Eng neers, Local No. 49, AFL-CIO, period and terminating on December 31, 1989- Provision of the MASTER AGREEMENT between MAMA, the City of in this supplementary agreement may be in conflict with Nothing - Mouany P ofuconflict, the MASTERJAGREEMENT' Local �rwillo. �Prevail10 In the even AND An employee assigned standby duty for a 7 S C-i. m period shall be compensated at the rate of 4 hours day P a shall be in addition to of overtime. Such standby P Y ee is entitled to other compensation which the employee i Back pay should under the MAST AGREEMENT including the employee be required to return to the City to perform emergency work. Employees may trade the Standby duty to another employee but must be on Standby duty for a minimum of five (5) times per year. The employee who is assigned Standby duty shall li offered any overtime first that he has the necessary qualifications to perform and then any other employee called will be called in accordance with Article 10.2 of the Labor Agreement. the City shall In further consideration of Standby duttandby duty with one (1) provide each employee assigned nThe floating holiday may be floating holiday P Y r choosing ta.cen at a time of the employee's with the approval of the employee's supervisor. The City agrees to reopen this agreement for discussion and possible negotiation in 1939, For the City of Mounds View: Date: ------- mayor Clerk -Administrator For I.U.O.E. Local No. 49, AFL-CIO: Date: MEMO TO: MAYOR AND CITY COUNCIILL FROM: --ERK-A DMItiISTRA,TOR DATE: MAY 24, 1988 SUBJECT: UPDATED JOB VALUE HIERARCHY As you may recall, the job values assigned to the positions of Parks, Recreation and Forestry Director and Parks, Recreation and Forestry Administrative Assistant were temporary values on the initial job value hierarchy adopted by the City Council in June of 1987. It was understood at that time '-hat these job values would be formalized after Mary Saarion and Sharie Linke had held their positions for one year and new occupational analysis questionnaires and time spent profiles could be completed by them. These documents have been completed and it has been determined by our consultant that the job value for the Parks, Recreation and Forestry Director position currently filled by Mary , Saarion is identical to that of the value assigned temporarily in June of 1987. The job value for Sharie Links has increased from the temporary assigned value of 69 to 75. Therefore, based upon the wage structure established by the City Council when adopting the Comparable Worth Plan an adjustment to the wages of Sharie is appropriate at this time retroactive to January 1, 1988. The wages for Sharie's position should be equal to that of the City $26,084. Accountant C) having the same job value of 75 points or a 1988 wage of Should Council agree with these recommendations, Staff would request that the Council adopt a new job value hierarchy and authorize a wage adjustment to the position of Parks, Recreation and Forestry Administrative Assistant to an annual wage of 526,084 retroactive to January 1, 1988. Your direction in thin matter would be greatly appreciated. DFP/MJS 5/23/88 CITY OF MOUNDS VIEW JOB VALUES 0 Position Value Clerk -Administrator 118 Finance Director 109 Parks, Recreation and Forestry Director 108 Police Chief 101 Public Works Director/City Engineer (Benchmark) 97 Police Lieutenant 89 Public Works Foreman (Benchmark) 82 City Planner (Benchmark) 82 Building Official (Benchmark) 78 Patrol Sargeant 78 Police Investigator 75 Accountant 75 Parks, Recreation and Forestry Administrative 75 Assistant Patrol Officer 65 Administrative Secretary 62 Police Secretary 60 FuDlic Works Maintenance Worker 59 Utilit., Accounting Clerk 57 Public, Works/Community DevelopmenL Secretary 56 Accounting Clerk 55 Police Clerk -Typist 54 Receptionist 46 M 9� 5 MEMO TO: MAYOR AND CITY COUNCIL FROM: CLERK -ADMINISTRATOR DATE: MAY 24, 1988 SUBJECT: ORDINANCE NO. 434 AMENDING CHAPTER 1.11 OF THE. MOUNCS VIEW MUNICIPAL CODE As you may recall, in the past the City Council has considered Ordinance No. 434 Amending Chapter 1.11 of the Municipal Code which lists the municipal employees who are not licensed peace officarc and who are authorized to issue citati,)ns or Administrative Offenses. The Council found the Ordinance prepared by City Staff to be unacceptable in its original form and referred the matter to the City Attorney for reviaw and preparation of a modified ordinance. Attached please find a memorandum from City Attorney Richard Meyers and an amended Ordinance No. 434. Attorney Meyers has underlined the title of the employee he feels should be authorized to issue citations for thA specific chapters of the Municipal Code listed. Mr. Meyers also suggests that an additional paragraph be added to Ordinance No. 434 as part of Section I. This new paragraph would read as follows: 'In the event that the position of a non -peace officer employee is vacant, then the Clerk -Administrator is authorized to issua citations as provided for in this Subdivision B." Should Council find that revised Ordinance No. 434 is acceptable, it will be prepared in final form for your adoption. Should Council not find this revised Ordinance No. 434 to be satisfactory, Staff would request your further direction in this matter. DFP/MJS @' r, lei J MEMORANDUM /1 T0: Donald F. Pauley / FROM: Richard Meyers City Attorney DATE: May 16, 1988 SUBJECT': Ordinance 434 Amending Chapter 1.11 Attached please find the proposed Ordinance 434, which has been line amended pursuant to our recent meeting. I would suggest that the following language be added to the proposed Amended Ordinance: In the event that the position of a non peace officer employee is vacant, then the Clerk Administrator is authorized to issue citations as provided for in this Subdivision S. There was some concern expresaed relative to the right of authorized non peace officer employees arresting alleged violators of the Ordinances involved. The law provides that said parties may issue citations and does not ordinarily provide for arrests; however, it should be noted that citizens may under certain circumstances arrest another individual where a violation of law takes place in their presence. This generally means holding the parity involved until a peace officer can complete the arresting procedure. However, under the types of ordinances involved in non peace officer citations it is very unlikely that arrests vill take place in any event. ORDINANCE NO. 434 I491� CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AMENDING THE MUNICIPAL ENTITLED, DE OF "GENERALUNDS VIEW PROVISIONSYOFMCODE" CHAPTER The City Council of the City of Mounds View does hereby ordain: Section I. Chapter 1.11 is hereby amended by adding the following: 39, Signs and B CitSr F�lanner, n=��-n� --- Chapter 40 2onino: Citv Planner and ts, Driveways, ORDINANCE NO. 434 PAGE TWO OF THREE Build 62; Electrical Code: Civil Chapter 75; Gas Franchise: Clerk -Administrator Chapter 76; Electric Franchise: erk-Administrator Chapter 81; Parking: Community Service llt r iccr Chapter 90; Nuisance: Community Service Officer Chapter 91; Animals: Community Service Officer Chapter 92; Tree Diseases: Forester Chapter 100• Intoxicating Liquor: Clerk -Administrator Chapter 101; Non -Intoxicating Liquor: Clerk -Administrator Chapter 104; Garbage and Rubbish: Clerk -Administrator Chapter 106; Gasoline Stations: Clerk -Administrator Chapter 108; Public Dance Halls: Clerk -Administrator Chapter 109; New and Used Cars: Clerk -Administrator Chapter 111; Restaurants: Clerk -Administrator P ORDINANCE NO. 434 PAGE THREE OF THREE ter 113: Recuperative Homes or " Chapter 114; Mechanical Amus Centers: Clerk -Administrator - Chapter 115; 8owling Alleys: Clerk -Administrator Chanter 1167 Itinerant Amusement Rides, Carnivals. Offe r 9 u u CL. Section II. This ordinance shall take effect thirty days from the dale of its publication. Read by the Council- of the City of Mounds View on this 28th day of December, 1987. Read and passed by the City Council of the City of Mounds YView this day of , 1987. (ram/) ATTEST: (SEAL) APPROVED AS TO FORM: City Attorney G Mayor Clerk -Administrator ME140 TO: MAYOR AND CITY COUNC FROM: CLERK-ADMINISTRAT a DATE: MAY 24, 1988 SUBJECT: BEL-RAE BALLROOM STRONG BEER LICENSE Attached please find a note from Tony Jambor of the Bel -Rae Ballroom requesting that the City issue a strong beer license to him based on the fact that his sales of food exceed 60% of his total receipts. Also attached please find a photocopy of Minnesota Statutes 340A.404, Subdivision 5, (b) which states, "The governing body of a municipality may by ordinance authorize a holder of an on -sale wine license issued 71 pursuant to paragraph (a) who is also licensed to sell non -intoxicating male liquors at on -sale pursuant to section 340A.411, and whose gross receipts are at least 60% attributable to the sale of food, to sell intoxicating malt liquors at on -sale without an additional license." The Bel -Rae Ballroom is currently licensed for the on -sale of wine and non -intoxicating malt liquors. Due to the information provided by Mr. Jambor and certified to by his accountant, the City would be in a position to adopt an ordinance authorizing him to sell intoxicating malt liquors. Should it be the desire of the City Council to comply with Mr. Jambor's request, Staff would request the Council direct that the City Attorney prepare an ordinance allowing for the Bel -Rae Ballroom to .sell intoxicting malt liquors. DFP/MJS 113 LIQUOR ACT 340A.404 PRIG (4) clubs or congressionally chartered veterans organizations provided that the e Af.S.rs86J organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests; ne price offered by a wholesaler to a' (5) sports facilities located on land owned by the metropolitan sports commission; ine may not be for a quantity of mores and (6) exclusive liquor stores. Iitt=� (For text gfsubds 2 to 4 see U..S.1986] Subd. 5. Wine licenses. (a) A municipality may issue an on -sale wine license with the approval of the commissioner to a restaurant having facilities for seating at least 7ED. 23 guests at One time. A wine license permits the sale of wine of up to 14 percent alcohol e M.S.1986] tt by volume for consumption with the sale of food. A wine license authorizes the sale or wine on all days of the week unless the issuing authority restricts the license's cturer or wholesaler selling to retailer; authorization to the sale of wine on all days except . sndays. tlater than Thursday oreach calendars ('o) The governing body of a municipality may by ordinance authorize a holder of sa of each retail licensee purchasingi an on -sale wine license issued pursuant to paragraph (a) who is also licensed to sell facturer, or wholesaler who, on the first; nonintoxicating malt liquors at on -sale pursuant to section 340A.411, and whose gross vond the 30-day period, or a verified i receipts are at least 60 percent attributable to the sale of food, to sell intoxicating malt ,equired to be reported. The name sod; liquors at on -sale without an additional license. eat with a postdated check, . a cheer Subd, 6. Counties. (a) A county board may issue an annual on -sale intoxicating submitted to the commissioner a: that liquor license within the area of the county that is unorganized or unincorporated to s delinquent cures the delinquency by' a bowling center, restaurant, or club with the approval of the commissioner. ' shall be submitted in triplicate to the (b) A county board may also issue up to ten s:asonal on -sale licenses for the sale snd full business day following the day; ofintoxicating liquor within the area ofthe county that isunorganized orunincorporat- II e I to a restaurant or club with the approval of the commissioner. Notwithstanding statements required by subdivision 2{ *the section 340A.412, subdivision 8, a seasonal license is valid for a period specified by the department in places available for boar,:, not to exceed six months. Not more than one license may be issued for any one dng receipt. Documents posted shall: premises during any consecutive 12-month period. rer, qV401esale, of the info rmaitoo Subd. 6a. Seasonal llcenses; counties. A county may issue seasonal on -sale intox. MnslJ6,,A notice. icating liquor licenses of periods specified in the licenses, which may not exceed sic -day merchandising period "':wed byl months, or in the case of Fake county, nine months. The county board shall determine 'lately following the date or,asoice and the fee f-r such A license. Not more than one seasonal on -sate license may be issued 'ays and holidays, to and including the; to any one premises in any 12-month period. nethods, payment by check during the, -xtended shall be considered payment{ (for text of subdr 7 to 9, sec M.S.1986J is or wine shall be deposited promptif. Subd. 10. Temporary on -sale licenses. The governing body of a municipality may :honored on presentation for payment issue to a club or :haritable, religious, or other nonprofit organization in existence for hall not be deemed delinquent for anyl at least three years a temporary license for the on -sale of intoxicating liquor in bona fide dispute between the licensee! connection with a social event within the municipality sponsored by the licensee. The to the amount, owing as a result of thief license may authorize the on -sale of intoxicating liquor for not more than three ngages in the retail liquor business sd, consecutive days, and may authorize on -sales on premises other than premises the inquent with respect to each location.` licensee owns or permanently occupies. The license may provide that the licensee may .or busi less at two or more locatiorq contract for intoxicating liquor catering services with the holder of a full -year on -sale : 50 percent or more ownership in tw'D' intoxicating liquor license_ issued by any municipality. The licenses are subject to the terms, including a license fee, imposed by the issuing municipality. Licenses issued under this subdivision are subject to all laws e M.S.19861 and ordinances governing the sale of intoxicating liquor except section 340A.409 and those laws and ordinances which by 5.7 tr t their nature are not applicable. Licenses under this subdivision are not valid unless first f, approved by the commissioner of public safety. 1LE LICENSES. A county under this section may issue a temporary license only to a premises n-sale intoxicating liquor license to the. located in the unincorporated or unorganized territory of the county. :diction: z: History: 1987cSs1,2;1987c17s1;1987c29s1;1987cIS2artls1;1987c310 s 8; 1987 c 325 s 2 L } S '• iv II t,' n D 0 TENDER & TENDER. LTD. CERTIFIED PUBLIC ACCOUNTANTS 200 MAST MAIN STRCLT _ ANOKA. MINNROOTA 05307 J TMHCNT 427.4447 UutJ - 1 Ri EE AEb1f1EO BY :! i[ iT May 13, 1988 e Mayor Jerry d Members of the City Council Moundsview, MN. 2401 Highway 10 Moundsview, MN 55112 Bel Rae Ballroom, Inc. 3200 36th Avenue N.E. Mpls., MN 55418 The sales for the year 1987 were 84.46% food and food products, and 15.54% beer 6 wine. 1cJ Sincerely,, � 4114 P . Ralph P. Tender Eml G m5,, 7 MEMO TO: MAYOR AND CITY COON n FROM: CLERK-ADMINISTRAT DATE: MAY 24, 1988 SUBJECT: MOUNDS VIEW BUSINESS PARK PUBLIC IMPROVEMENTS CONSTRUCTION MANAGEMENT AGREEMENT During the last several months I have been in discussions with Bill Franke of Everest Development regarding his proposal that the City enter into an agreement with Everest Development compensating them for their costs in acting as a construction manager for the public improvements installed in Mounds View Busiress Park. I have reviewed the E._rosed agreement with our Bond Counsel, Bob Dieke and City Attorney Richard Meyers. Both have had comments with respect to this agreement which have been incorporated into the final draft and Mr. Dieke has advised that the payment of construction management costs to the developer would be a legitimate use of tax increment funds. You will note that the agreement is a standard agreement for construction management with modi- fications. Essentially, the agreement provides that the City of Mounds View would compensate Everest Development for their services as construction manager at a cost not to exceed the lesser of $72,000 or 4% of the final construction costs for the public improvement project. It should be pointed out that the construction management contract proposed does not include the costs for Everest's engineer or the City's engineer. This would be an additional cost above and beyond the engineering expenses for these public improvements. It should further be pointed out that although on its face this agreement might appear to be questionable, it has been determined by our Bond Counsel to be a legal use of tax increment funds and irrespective of how the money is received, ultimately Everest Development will receive all of the funds from the bond issue excluding the costs of issuing bonds, capitalized interest, and City expenses directly related to this project which are taken off the top of the initial $6 million bond issue. Therefore, if Everest does not receive the money for construction management it will receive the money in land buy -down or some other means during the development of this project. It would appear, therefore, that the issue before the Council is whether or not you wish to compensate Everest Development for their efforts in overseeing the construction of the public improvements or tell them that that is part of the cost putting in a development and they will have to obtain their tax increment monies through the stance rd means already outlined in the contract for private redevelopment. Your direction in this matter would be greatly appreciated. DFP/MJS THE AMERICAN INSTITUTE OF ARCHITECTS P.10� AIA Document 6801 Standard Form of Agreement Between Owner and Construction Manager 1980 EDITION THIS DOCUMENT HAS IMPORTANT LEGA( CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This doc rnent is intended to be used in conjunction with AIA Documents A101/CM, 1980; B141/Chi, 190o; and A201/CM, 1980. AGREEMENT made as of the ZC+h day of May in the year of Ninete( Hundredand Eighty-eight Commercial Property Investments, Inc., a Minnesota BETWEEN the Owner: corporation, as Agent for the City of Mounds View, Minnesota and the Construction Manager: Everest Construction Company, a Minnesota corporation, For the following Project: Public Improvements for Mounds V1,w Businesa Park, llncmde d1II*ddel,r;prnn of Prni,rl mul;ca and scone) as more specifically described in Article 16 hereof the Architect: Merila and Associates, Inc. 8401 - 73rd Avenue North, Suite 63 Brooklyn Park, Minnesota 55428 The Owner and the Construction Manager agree as set forth below. CopYNRhI 1973, C' 1980, by the American IMhluh• of Architects, 17J5 New York Avenue, NAV., Within Inn, RI1)InIIInlilm W Ihr nutrual herein fir+ilhaanlol nw,ulwn III n. prnrninm wdhuul xrinrn Nrrml•.iun of nc�• ADIA d7al D6 It... uqq GRhl law. of Ihr Undrd SI,Ie, and w•dl hr )uhlrcl lu li.gal prnfr(ulinn. AIA DOCUMLNT 1101 • OwMR-CI1N11RU(IIDN MACACIS AURIIMI Nl • IIMI 1'Jni LOITION • At'• a "1" • 1111 AMI fit A% Ih'.I II I'II 01 AkC I III CIS, 1)J5 NI W %I )R\ A%1 , F 1\ _ 1Y'MIIInU1ON. II C. MIV. 8801 — 1/04/38 1980 1 5/20/88 TERMS AND CONDITIONS OF AGREEMENT BETWEEN I41 OWNER AND CONSTRUCTION MANAGER J ARTICLE 1 CONSTRUCTION MANAGER'S SERVICES AND RESPONSIBILITIES The Construction Manager covenants with the Owner to further the interests cf the owner by furnishing the Con- struction Manager's skill and itidgment in cooperation with, and in reliance upon, the services of an architect. The Construction Manager agrees to furnish business ad- ministration and management services and to perform in an expeditious and economical manner consistent with the interests of the Owner. BASIC SERVICES The Construction Manager's Basic Services consist of the two Phases described below and any other ser- vices included in Article 16 as Basic Services. 1.1 PRECONSTRUCTION PHASE 1.1.1 Provide preliminary evaluation of the program and Project budget requirements, each in terms of the other. With the Architect's assistance, prepare preliminary estimates of Construction Cost for early schematic designs based on area, volume or other standards. Assist the owner and she Architect in achieving mutually agreed upon program and Project budget requirements and other design parameters. Provide cost evaluations of alternative materials and systems. 1.1.2 Review designs during their development. Advise on site use and improvements, selection of materials, building systems and equipment and methods of Project delivery. Provide recommendations on relative feasibility of construction methods, availability of materials and la- bor, time requrements for procurement, installation and construction, and factors related to cost including, but not limited 'n, costs of alternative designs or materials, pre- :iminary budgets and possible economies. 1.1.3 Provide for the Architect's and the Owner's review and acceptance, and periodically update, a Project Sched- ule that coordinates and integrates the Construction Man- ager's services, the Architect's services and the Ownees responsibilities with anticipated construction schedules. 1.1.4 Prepare for the Owner's approval a more detailed estimate of Conslructio!� Cost, as defined in Article 3, de- veloped by using estima'ing techniques which anticipate the various elements of the Project, and based on Sche- matic Design Documents prepared by the Architect. Up- date and tefine this estimate periodically as the Archite ' prepares Design Development and Consl- :(ion Docu- ments. Ad.ise the Owner and the Architect if it appears that the Construction Cost may exceed the Project budget. Make recommendations for corrective action. 1.1.5 Coordinate Contract Documents by consulting with the Owner and the Architect regarding Drawings and Spe- cifications as they are being prepared, and recommending alternative solutions whenever design details affect con- struction feas;bihty, cost or schedules. 1,1.5.1 P.: vide tecommendations acid information Io the Owner and the Architect regarding the assignment of re- sponsibilities for safety precautions and programs; tempo- rary Project facilities; and equipment, materials and ser. vices for common use of Contractors. Verify that the re- quirements and assignment of responsibilities are included in the proposed Contract Documents. 1.1.5.7 Advise on the separation of the Project into Con- tracts for various categories of Work. Advise on the method to be used for selecting Contractors and awarding Con- tracts. If separate Contracts are to be awarded, review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the separate Contractors is coordinated, (2) all requirements for the Project have been assigned to the appropriate separate Contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been •. provided for phased construction. :. 1.1.5.3 Develop a Project Construction Schedule provid- ing for all major elements such as phasing of construction . and times of commencement and completion required of each separate Contractor. Provide the Project Construc- tion Schedule for each set of Bidding Documents. 1.1.S.4 Investigate and recommend a schedule for the Owner's purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the Architect. Expedite and coordinate de- livery of these purchases. 1.1.6 Provide an analysis of the types and quantities of labor required for the Project and review the availability of approp;.ale categories of labor required for critical Phases. Make recommendations for actions designed to minimize adverse effects of labor shortages. 1.1.6.1 Identify or verify applicable requirements for equal employment opportunity programs for itlA,usion in the proposed Contract Documents. 1.1.7 Make recommendations for pre -qualification cri. teria for Bidders and develop Bidders' interest in the Pro- ject. Establish bidding schedules. Assist the Architect in iswing Bidding Documents to Bidders. Conduct pre -bid conferences to familiarize Bidders with the lidding Docu- ments and management techniques and with any special systems, materials or methods. Assist the Architect with the receipt of questions from Bidders, and with the issu- ance of Addenda. 1.1.7.1 With the Architect's assistance, receive Bids, pre- pare bid analyses and make recommendations to the Owner for award of Contracts or rejection of Bids. 1.1.8 With the Architect's assistance, conduct pre -award conferences with successful Bidders. Assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material sup- pliers proposed by Contractors. 12 CONSTRUCTION PHASE The Construction Phase will commence with the award of the initial Construction Contract or pur.� chase order and, together with the Construction Manager's obligation to provide Basic Services un. AIA DO MMIN111a1 • 0\\'Nl4C0NSIYL-010N A171, N111' GA(I AVEI. I\ur1\'A96A GIITION C. AIA BBB1-1cB8 2 4114W • IIu AMER It e4111•'ll 01 ARE IIIIIC Is. dw Ihi, Agreement. will end 10 dal, after final payment lu all Contracto's is due. ely.1 Link-,, uthemi.e pr,nnled uI this Agreement and "(11purawd in the Canllracl I mcumlerP, the Construc- nun Alaniger, in cuuprailion ,etlh Ihr Architect, shall pnmrde adminwrahun of tile Cnmracts for Cmn,lruction a, set (mils helmw and in the 19110 Edition of AIA Doc- ument A201/00, Ge-neral CondlGors of the Contract tot Cmn,lrucmmn, ConUruclinn Management Eddrun. 1.2.2 Provide 46ninistmlwe, rnana;,emenl and related sera ices aA required to coordinate Work of the Contractors with each other and with the actin Plies and responabihties of the Construction Manager. the O,vner and the Archi- tect In complete the Project in accordance With the Ow n- er's objectives for cost, time and quality. Panicle sufficient organization, no sonnet and management to carry, out the requiremems of ;his Agreement. 1.2.2.1 Schedule and conduct pre -construction. construc- tion and progress meetings to discuss such matters as pro- cedures, progress, problems and scheduling. Prepare and p;omplly distribute minutes. 1.2.2.2 Consistent with the Project Construction Sched- ule issued with the Bidding Documents, and utilizing the Contractors' Construction Schedules provided by the sepa- rate Contractors, update the Project Construction Sched- ule incorporating the activities of Contractors on the Project, including activity sequences and durations. allo- cation of labo, and materials, processing of Shop Dra,c- ings, Product Vata and Samples, and delivery of products requiring long lead time procurement. Include the Ovin- er's occupancy requirements shoving portions of the Project having occupancy priority. Update and reissue the I"'Project Construction Schedule as required to show current ondilions and revisions required by actual experience. 1.2.2.3 Endeavor to achieve satisfactory performance from each of the Contractors. Recommend courses of action to the O,vne, when requirements of a Contract are not being fulfilled, and the nonperforming party will not take satisfactory corrective action.. 1.2.3 Revise and refine the approved estimate of Con- struction Cost, incorporate approved changes as they oc- cur, and deve'op cash flow reports and forecasts as needed. 1.2.3.1 Provide regular monitoring of the approved essi- male of Construction Cost, shoving actual costs for acth i- lies in progress and estimates for uncompleted tasks. Iden- tify variances between actual and budgeted or estimated costs, and advise the Owner and the Architect w'hene',er projected costs exceed budgets or estimates. 1.1.3.2 Maintain cost accounting records on authorized Work performed under unit costs, additional %Nark pe:- formed on the basis of actual costs of labo; and mate:,zs, or other Work requiring accounting records. 1.2.3.3 Recommend necessary or desirable change• to the Architect and the Owner, review requests for chances. assist in negotia''ng Contractors' proposals, submit reco-l- mendal.ons to ,he Architect and the Owner, and if t .:-, are accepted, prepare and sign Change Orders for toe Architect's signature and the Owner's aulhoriz3tion. 1.2-3.4 Dewelup and implement procedures for the re- view and processing of Applications by Contractors for Iprogress and final payments. Make recommendations to ra/the Architect for cerlificalion to the Owner (Or payment. 1.2.4 Rmir,1 the ,alehpnlgram, dew folmd h'. each Of Ihr Cnnlrarmrs a, requited by their Contract Documents and coordinate the safety programs for the Project. 1.2.5 A„I,I in Obtaining building per -sits and special permits for permanent improvements, excluding permits required to he nblamed directly by the various Contrac• tors. Verify that the Owner has paid applicable fees and a„vtsmenm Assi,t in obtaining approvals from authorities having jurisdiclion over the Project. 1.2.6 If required, a,•ist the Owner in selecting and re• laming the professional services of surveyors. special con. ,uhantt and Icoing laboratories. Coordinate their services. 1.2.7 Determine in general that the Work of each Con- tractor Is being periormed in accordance wilh the require• menu of the Contract Documents. Endeavor to guard the O„ner against defects and deficiencies in the WOrk. As appropriate, require special inspection or testing, or make• recommendations to the Architect regarding special In. spection or testing, of Work not in accordance with the prowisfuns of the Contract Documents whether or riot such Work be 'hen fabricated, installed or completed.. Subject to re,'iely by the Architect, reject Work which; does not conform to the requirements of the Contract Documents. 1.2.7.1 The Construction Manager shall not be responsi• ble for construction means, methods, techniques, se. . quences and procedures employed by Contractors in the performance of their Contracts, and shall not be responsi• ble for the failure of any Contractor to carry out Work In accordance with the Contract Documents. 1.2.8 Consult %%ilh the Architect and the Owner if any Contractor requests interpretations of the meaning and intent of the Drawings and Specifications, and assist in the rem„ ulion of questions which may arise, 1.2.9 Receive Certificates of insurance from the Con• tractors, and forward them to the Owner with a copy to th- Architect. 1.2.10 Receive from the Contractors and review all Shop Drawings, Product Data, Samples and other submittals. Coordinate them with information contained in related documents and transmit to the Architect those recom- mended for approval. In collaboration with the Architect, establish and implement procedures for expediting the processing and approval of Shop Drawings, Product Data, Samples and other submittals. 1.2.11 Record the progress of the Project. Submit written progress reports to the Owner and the Architect including information on each Contractor and each Contractor's Work, as well as the entire Project, showing percentages of compietion and the number and amounts of Change Orders. Keep a daily log containing a record of weather, Contractors' Work on the site, number of workers, Work accomplished, problems encountered, and other similar relevanl data as the Owner may require. Make the log available to the Owner _d the Architect. 1.2.11.1 Alafnlain at the Project site, on a current basis: a record copy of all Contracts, Drawings, Sper;fieations, Addenda, Change Orders and other Modifications, in good order and marked to record all changes made during con. s,ruclion; Shop Drawings,- Product Data; Samples; sub• millals; purchases; materials; equipment; applicable hand• book,; mainirnance and operating manuals and instruc- 3 B801 AIA DOCUMINT 1901 • ovism coN9kl Tile% M ASALIS AfAt IMt NI • IUNE 19m 1DITION a AIM 19BB 1119', 1111 AWN( A•. VA I I I'11 01 ARI III II f H, rP.JS NJIl' 1r,KK Awl., N.w., wMillNbl u.4. D.C. 20U4 Initials: b--- X ry Contract, m \fork! Mainlainl nut if'hrecords, in dupl care of principal t u.lding layout lines, elevation: of the bnhom of footings, fluor levels and key site elevations cerlified by a qualified sur.eynr or professional engineer. Make all records available In The Owner and the Archi- lect. At the completion of the Project, deliver all such records to the Architect for the Owner. protection and 1.2.12 Arrange for deh%ery and storage, p toms and security for Owner -purchased n._:zrials, sy's equipment which are a part of the Project. until such items are incorporated into the Project. 1.2.13 With the Architect and the 0%%ner's maintenance personnel, observe the Contractors' checkout of utilities, operational slstems and equipment for readiness and as- sist in their initial start-up and testing. 1.2.14 when the Construction Manager considers each Contractor's work or a designated portion thereof sub- stantially complete, the Construction Manager shall pre- pare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construe Iron ,.tanager shall assist the Architect in conducting in• spections. Alter the Architect c0ibes the Date of Substan• fiat Completion of the \fork, the Constri,0011 anal e shall coordinate the correction and completion Wcl. k. 1.2.15 Assist the Architect in determining when the Proj- e•t or a designated portion thereof is substanhaliy com- plete. Prepare for The Architect a summary of the status of the %Fork of each Contractor, listing changes in the previ• uush• issued Certificates of Substantial Completion of the %%ark and recommend`•,,, the times within which Contrac- tor, shall complete uncompleted items on their Corlificate C. Substantial Completion of the Work. 1.2.16 following the Architect's issuance of a Certificate o: Substantial Completion of the Project or designated potion thereof, evaluate the completion of the Work of the Contractors and make recommendations to the Archt- Tect \\hen Work is ready for final ection. Assist the Architect in conducting final inspections. Secure and trans• mit to the Diviner required guarantees, affidavits, releases, bands and waivers. Deliver all keys, inalluals, record eta%%ings and maintenance stocks to the Owner. 1 2.17 The extent of the duties, responsibilities and limi• tawuns of authority o? the Construction Ma^zger as a rep- re>enr+me of the Owner during construction shall not be modified or extended wilhout the written consent of the ct and ,c.n %an gehe `avhichors, the consen!Sshallenot bethe unreasonsruc ably s.0theld. 1.3 ADDITIONAL SERVILES The If" ',vine Additional Services IIshallbeper formed .Pon authorization F from the O%%ner and sha!l be paid for as provided in this Agreement. 13.1 Services related to im•estigatnns. appraisals or eval- :. tlon> of exishng conditions, facilities or equipment, or :cr;ncahon of the accuracy, of existing dra%%ing% or other Inu,rmation furn,%hed by the Owner. 13.2nhSeande equipment � related In �hichr err Im11 aluparttu of fur the 14uject. 1.3.3 Services for leant oriental spaces. fire Consultation cau v dui ng c viuttio,aand afurnmagsh ned g services in conjunclion with the replacement of such work. 13.5 Services made necesszry by the default of a Con- tractor. 1.3.6 Prep? . to serve or serving as a witness In con- nection with any public hearing, arbitration proceeding or legal proceeding. 1.3.7 Recruiting or training maintenance personnel. 1.3.8 Inspections of, and services related to, the Project after the end of the Construction Phase. 1,3,9 Providing at.y other services not otherwise included in this Agreement. 1.4 TIME 1.4.1 The C^nslruclion Manager shall perform Basic and ServicesAdamonal a 1Y as is consistent with reasonable skill andcare and lthe sorderly progress of the - Project. ARTICLE 2 THE OWNER'S RESPONSIBILITES 2.1 The Owner shall provide full information regarding : the o requirements nt the Project, including a p B . which shall set forth the owner'sobjectives, constraints and criteria.7lf{ligffiRtXR0.4Def!Xt7A`ASPRA'SLxMC7E� sty4�C>Ek�cel�cxacAltAAxc01'ihckl{X79Ct7ttT10R'is'�AWA� .,: tRul�AkaasdcsWslemmocssSaO<xs:ftodxofA0.tkaA 2.2 The Owner shall1rictLidaca budget for the Project, to be kygpgxxp.Mmiskaefotmick the Construction Manager alndc �xxAr.�irm�, which shall include contingencies for bid- 0 ding, changes during construction and other costs which are the responsibility of the owner. JTk1tA"rA"1Xxk >cxxwGa>:ssxstxketfio�:�melosbmcxss>aafzeAtpsss�d[x»��x Rxs�zdlf u�stnxila5da><assshecR�txm>d#��°1�': niative author- ized toe inethe shall 0% nerssate a behalfewitheah respecttothe Project. The Owner, or such authorized representative, shall examine documents submitted by the Construction Manager and shall render decisions pertaining thereto Promptly to avoid unreasonable delay in the progress of .,-- AAar,Avnriservices. 2.5 The Owner shall furnish in spections d re- xiOeocioakaAdaXkAxkdonAsta><xtxx's ports as required by law or the Contract Documents. 2.6 The Owner shall furnish such legal, accounting and nsurance counseling services as may be necessary for the Pinjc•c6 including such auditing services as the Owner® May require to verify the Project Applications for Payment Boot-1980 4 AlAuocusa 191Y1 . b\\`Ixl,nNxbl flu♦A%ACA611: ALxIl "IN i A\\I'\\1.IIP/,1111\�IIf ?Y'Y 1 review and approve r.... un .\mcu A: r.Ann a of Axunnl I. rr. r.nv %ills An . 2 prepared by lnitfait.: ur lu axnvinin how rr fur what purposes the Cnnitactrrs lime wed the mnnie, paid by or (in behalf of the Owner. 7 ihacxxvtxaxtWklSKrG1mc77ysxRXK;IKX1GriK>ffidfi6�EXXM K6mc ICA x K twK KX A kxxs W 7p l.8msc d ttpt}I KikK K 2.0}}rptx07x7C[St�SCkNR;Db><AxNxkXOtKKbXNXtOjCRfIXbt1X Rtcllxtankx>ZRxkKtvsk siczinxotxljxrxxkol kkal;ocAickx#x k sdxxWtc:ctcxxa2ptatcg xsa!xk Axwmcoccdlc2cocl�A.lsxxxkalk isax7aAstLafcloLr[xAa pKu: xbuiKavoorcagxwdsooeaplltlrxaxx 2.9 If The Owner obsenc. nr otherwise becomes aware of any fault or defect in the Project, or nonconformance xcith the Conlracl Documents, prompt written notice thereof shall be gken by the Owner to the Construction Manager and the Architect. 2.10 The Owner rescn'es the right to perform work re- lated to the Project with the Ossner's own forces, and to award contracts in connection with the Project which are not part of the Construction ,Manager's responsibilities un- der this Agrer.lent. The Construction Manager shall notify the Olt net if any such independent action will in any way compromise the Construction Manager's ability to meet the Construction Manager's responsibilities under this Agreement. 2.11 The Ov.nef shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Construction Manager's services and the work of the Con. tractors. ARTICLE 3 CONSTRUCTION COST 3.1 Construction Cost shall be the total of the final Con- .'K, tract Sums of all of the separate Contracts, actual Reim. ursable Costs relating to the Construction Phase as de - filled in Article 6, and the Construction Manager's com- pensalion. 3.2 Construction Cost does mauc include the compensa. lion of tht Architect and the Architect's consultanls,lihe cost of the land, rights-of-svay or other costs which are thexa>pta�Yr9kXa$a'seL®nxnexaxpta�ado»x&'uagt�'st X8xirxagkSx�Cxstkxxyx related thereto. 3.3 Evaluations of the Owner's Project budget and cost estimates prepared by the Construction Manager represent the Construclion Manager's best judgment as a profes. sional familiar with the construction industry. It is recog- nized, howe\er, that neither the Construction Manager nor the Owner has control over ;he cost of labor, mate- rials or equipment, over Contractors' methods of de- lermining Bid prices or other competitive bidding or ne• gotialing conditions. Accordingly, the Construction Man. ager cannot and does not warrant or represent that Bids ur negotiated prices will not vary Irom the Project budget proposed, established or approved by the Owner, or from any cost estimate or evalualion prepared by Inc Construc- tion Manager. 3.4 No fixed limit of Construction Cost shall be estab- lished at a condition of this Agreement by the furnishing, proposal or estahlkhment of a Project b!:dgel under Sub- paragraph 1.1.1 or Paragraph 2.2, or othemisr unless such fixed limit has been agreed upon in wriling and signed by the p.uries to this Agreement If such a fixed limit has been Gestablished. the ConstrucOnn Manager shall include on. ingencies for design, bidding and price escal>.i0n, and ,hall cowuh with the Architect In determine what mate- rial., equipment, component systems and types of con- struclion are to he included in the Contract Documents, to suggest reasonable adjustments in the scope of the Project, and it, suggest atlernme Bid% in the Constaclion Documents it, adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount I)( any increase in the Contract Sums occurring after the execulitm of the Contracts for Construction. 3.4.1 If Bids are not received v::hin the time scheduled at the time the fixed limit of Construction Cost was eslab. hshed, due to causes belond the Construction Manager's control, any fre0 limit of Construction Cost established as a ccndiiion of this Agreement shall be adjusted to re- flecl any change in the general level of prices in the con- struction indus;:/ occurring between the originally ached. uled date and the date on which Bids are received. 3.4.2 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.4.1) is exceeded by the sum of the lowest figures from bona fide Bids or negotiated. proposals plus the Construction Manager's estimate of.. other elemeits of Construction Cost fo. the Project, the'' Owner shall (11 Bite written approval of an increase in such fixed limit. (2) authorize rebidding or renegotiation' of the Project or portions of the Project within a reason-' able time, Of if the Project is abandoned. terminate in - accordance wish Paragraph 10.2, or (4) cooperate In revis- ing the scope and quality of the Work as required to re- duce the Construction Cost. In the case of item (4), the ; Construction Manager, without additional compensation, .' shall cooperate with the Architect as necessary to bring the Construction Cost within the fixed limit. ARTICLE 4 CONSTRUCTION SUPPORT ACTIVITIES 4.1 Construction support activities, if provided by the Construction Manager, shall be governed by separate contractual 4rmngemenis unless otherwise provided in Article 16. ARTICLE 5 DIRECT PERSONNEL EXPENSE 5.1 Direct Personnel Expense is defined as the direct sal- aries of all of the Construction Manager's personnel en- gaged on the Project, excluding those whose compensa- tion is included in the fee, and the portion of the cost of their mandatory and customary contributions and benefits related thereto such as employment taxes and other statu- tory emplosco benefits, insurance, sick leave, holidays, xacalinrn. pensinn.. and similar contributions and bene. fits. ARTICLE 6 REIMJURSABLE COSTS 6.1 The term Reimbursable CaslA shall mean costs neces- sarily incurred in the proper performance of services and paid by the Consturtion Manage? Such costs shall be at rates nor higher Gon the standard paid in the locality of the Pmject. except with prior consent of the Owner. Re- Irr.hursable Costs and costs not to he reimbursed shall be listed in Article 16. AIA DUCUMLNI Pool Ll\'.IR LbNxIRP(1111N AI\NAf.IR Af,R11wISr ,)NL IYIRI WHIM • AIAII 5 8001-1900 .do--1111 WlVIA%IAAIIinrr 111 Axr lllltt1%1-I:NIwNMI, ANI.N1\'. It A,Iil%r n,N, u.C. 21W but does not include Including direct personnel expense b 2 Matte IL ..onk. rel'Acs and refund., and return, :,,.in sjIv ui mNplu. niaterak and equipment .hall art tue it, dw Owner. .Intl the Cun,ourunn Manager shall make pio%wons so that they can he secured. ARTICLE 7 PAYMENTS TO THE CONSTRUCTION MANAGER 7.1 PAYMENTS ON ACCOUNT OF BASIC 511RVICES 7.1.1 An initial payment as set forth in Paragraph 15.1 is the minimum payment under this Agreement. 7.1.2 Subsequent payments for Basic 5eiviccs shall be made monthly and shall be in proportion It, services per. formed within each Phase of Services cn the basis set iorh in Article 15. 7.1.3 If and to the extent that the time initially estab- lished for the Construction Phase of the Project is ex- ceeded or extended through no fault of the Construction Alanager, compensation for Basic Services required for such extended period of Administration of the Construct lion Contract shall be computed as set forth in Paragraph 15.3 for Additional Services. 7.1.4 When compensation is based on a percentage of the total of the f-ontracl Sums of all the seplrale Con-. tracts, and any portions of the Project are deleted or, otherwise not constructed, compensation for such por- tions of the Project shall be payable to the extent services are performed on such poruons, in accordance with the schedule set forth in Subparagraph 15.2.7, based or, 11! the lov%est figures from bona fide Bids or negotiated proposals, or t21 if no such W; or proposals are received, the most recent estimate of the total of the Contract Sums of all the separate Contracts for such portions of the Project. 7.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE COSTS 7.2.1 Payments on account of the Construction Man- ager's Addtional Senices, as defined in Paragraph 1.3, and for Re' ursable Costs, as defined in Article 16, shall be made ...onthly upon presentation of the Construction Managers statement of services rendered or costs in- curred. 7.3 PAYMENTS WITHHELD 7.3.1 No deductions shall be made from the Construc- tion Manager's compensation on account of penalty, liq- uidated damages or other sums withheld from payments in Contractors, or on account of the cost of changes in Work other than those for which the Construction Man- ager is held legally liable. 7.4 PROJECT SUSPENSION OR ABANDONMENT 7.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Construction Manager shall be compensated for all services perfo-med prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Costs then due and all Termination Expenses as defined in Paragraph 10.4. If the Project is resumed after being suspended for more than three months, the Construction Manager's compvnsation shall be equitably adjusted. 7.4.2 11 construction of the Project has started and is stopped by reason of circumstances not the fault of the Cnnslruclion Managcr, the Owner shall reimburse the Construclinn Manager for the costs of the Construction Manager: IOojeez-site stall as lumlded lur by this Agree. meni. The C'unstruUmn AMnagrr shall reduce the size of the Projecl-sire staff after 30 day. delay, or soonerr ieasdlle, for the remainder of the delay period as direeli. _ by the Owner and, during that period, [he Owner shall reimburse the Construction Manager for the costs of such stars prior to reduction plus any relocation or employ- ment termination costs. Upon the termination of the stop- page. the Construclinn Manager shall provide the neces- sary Project -site staff as soon as practicable. ARTICLE 8 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS 8.1 Records of Reimbursable Costs and costs pertaining to services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 9 ARBITRATION 9.1 All claims, disputes and other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall bg decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitration Association thee. obtaining unless the parties mutually. agree othenwse. No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, any additional person not a party this Agreement except by written consent containing specific reference to this Agreement and signed by the Construction Manager, the Owner, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute con- sent to arbitration of any dispute not described therein or with any per, -n not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically en- forceable under the prevailing ai4:tration law. 9.2 Notice of demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association, and a copy shall also be filed with the Architect. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the dale when insli- tution of legal or equitable proceedings based on such claim, dispute or other matter '.- question would be barred by the applicable statute of Pmilalions. 9.3 The award rendered by the a-tl:iraiors shall be final,' and judgment may be entered upon it in accordance wdh applicable law in any cacti hawing jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be tee .a led by either part upon seven day. written notice snould the other par AIA DOCUMINT IMI . ntt N[R.CONA7KVC7111N AIANAGIK AC.KCCAI[N7 • IIML 19m [I1111UN • AIAR R TINu 1111 AMWCAN IN$ I I It n I W ANC l It l t C Is. 173'. NJ WVORK."I., N AI'. w All IINi11 IN. III, 7111Y. BBOI-1980 6 I.,11 •uhd.uMlalt it. Pell"1111 tit attordamc "oh its term; Ilitough nu fault of the part indt,ting Ihr lerminalion. 0.2 1111, Agrermenl may he terminated by the O%vner '.In at Ivast fourteen day., willen nollto to the Con. .uclion Manager in the event that the Project is perma- nently abandoned. 10.3 In the ewcnl or termination nol the fault of the (',instruction Manager. the Cormiucllon Manage; shall be compensated for all service, performed to the termina- Imn date together Mnth Reimbursable Costs then due and ,111 Termination Lxpcnses. 1o.4 'i,rmmatlun Expenses are defined as Reimbursable Costs cirectly a ❑uhulable In terminalion for %%hich the ConAruUlnn Manager Is no: cthenvise compensated. ARTICLE 11 MISCELLANEOUS PROVISIO145 11.1 Unless otherwise specified, this Agrec.nent shall be go%emed by the lass in effect at the location of the Project. 11,2 Terms in this Agreement shall have the same mean- ing as those in the 19BU Edition of AIA Document A201i CM, General Conditions of the Contract for Construction. Construction Management Edition. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement. any applicable statute of limitations shall corimence !o inn, and any allceed cause of action shall be deemed to have accrued, in any and all events not later than the relevant Date of Subslanlirl Completion of the Project. and as to any Ac!s or failures to act occurring after the relevant Date of Substantial Completion of the Project, sl later than the date of issuance of the final Project - Cerinscale for Pas menl. 11.4 The O%%ner and the Com!ruction Manager %waive all rights against each other, and against the contr::tors, consultants, agents and employees of the other, for dam- ages covered It. am• property insurance during construc- tio,., as set forth in the 1980 Edition of AIA Document A201!Usf, General Conditions of the Contract for Con- slruclion. Construction Management Edition. The Owner and the Construcuon Manager shall each require appro- priate similar wanes from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 1 he Owner and the Constiuctiun Manager, respect mely, bind Ihemsel%es, their partners, successor, assigns and legal ropiesentalnes ;o the other party to this Agree- ment, and to the partners, successors, assigns and legal repiesenlalives of such other party with respect to all tu%cnants of this Agreement. Neither the Owner nor the Construction Manager shall : sign, sublet or transfer any interest in this Agreement MIthout the wrillen consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreer^ent bet%%een the O%%ner and the Construction ' Manager and supersedes all prior negotiations, represen lations or agreements, either written or oral. This Agree• ment may be amended only by written instrument signed . by both the CK%ner and the Construction Manager. 13.2 Nothing contained herein shall be deemed to cre- ase any contractual relationship between the Construction Manager and the Architect or any of the Contractors, Sub- - contractors or material suppliers on the Project; nor shall anything contained in this Agreement be deemed to -give any third parts- any claim or right of action against the Owner or the Construction Manager which does not otherwise exist without regard to this Agreement. ARTICLE 14 INSURANCE 14.1 The Construction Manager shall purchase and maintain insurance to! protection from claims under workers' or workmen's compensation acts; claims for damages because of bodily injury, including personal in- jury, sickness, disease or death of any of the Construction Manager's employees or of any person; from claims for damages because of injury, to or destruction of tangible property including loss of use resulting therefrom; and from claims arising out of the performance of this Agree- ment and caused by negligent acts for %which the Con- struction Manager is legally liable. AIA OOCUMINT 1101 • U%VNJ R.fON%IRUCT ION MANAGIR MAll•.n NT • jtINE IIW EOnION • AIM 7 B801-1S80 I•i'R+i•1111 AM[ NJ( AN INVnUII(11 AR0111ItIS. lili Now MUST: Ayt. N w., VVA%i 11NOON, U.C. 2" Initials: xy ARTICLE 15 BASIS OF COMPENSATIONThe r etcompensateall the Construction Manager for the Scope of Services sshass with Article 7, Payments to he Construction Manager, andthotherTerms and Condiosoftis Agreement, follows: 15.1 Alf7lkk1d16fcZM%4'F7tii rfdNX 2dothulaQ! ksfxdbba(IYadaufaAR2ncamtac )1ilXxoklhocAg9CYrtRCAkYfFf(Y WdHYdx97ih7CfifYXX1XOCYWn(#YiPfkX?9CX 15.2 BASIC COMPENSATION 15.2.1 FOR BASIC_ SERVICES, as described in Paragraphs 1.1 and 1.2, and any other services included in Article 1616 a part of Basic Services, Basic Compensation :hall be ISd3Ld%YaXrE W `1,�xxttuxYxxxlxxxsrggglf the lesser of Seventy—two Thousand and no/100 ($72,000 00) DsUars or four ercen ((yyi) of Construction Cost as defined it. fon2a®twlixtaxlc k= 111% Yatso eeit>fxx Article 3 hereof. fillet Intel, AW, of mmprnl+tirn. indudinp L.fd+mnunl• mulopor, nr Pen't 9Re,) . fiwlG.anaxXYtn9xRkYa:axaYx�txxxion»hYR>b�c�c IHnr mrrn b+.ir al comprnuticn, in[/udnp hrtd+n.oun!7, md,iple or Prr[mNRuJ 15.3 B6lA5861�'S71RH3:iAglgtytOttAtdSrbldl41e:f6c 15.3.1 IH,,e invert bell, of cump<mumn. in[IuJmp turd amounu, mulripfe, or per[enreterJ 15.4 FOR REIMBURSABLE COSTS, as described in Article 6 and Article 16, the actual costs incurred by the Construc- tion Manager in the interest of the Project. 15.5 Payments due the Construction Manager and 'InNaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Construction Manager. N IN,,, inrt +ny um of werr3t +peed u, on ) fL'lo'Y anCeCumumrinnrM+ngr1, Plrmnntllplu IaAl 60 .mdb �hrrl. hrtumn+nl IAr /rui,Nlranrl'rb�nl rm, ,,, +Ihsr rAJW tl rY of this p/o"i,oa apeNb[ ly:' ad„Cc ,Aould be oboined wnh :,.peel to delrl.on, maJIbc4rnn "I nrnr/ viryurmrnb Stith a• Willie Ji,nurv,e+ m wairen.l 15.6 The owner and the Cooruction Manager agree in accordance with the Terms and Conditions of this Agree- ment that: 15.6.1 IF THE SCOPE ..f the Project or the Cons!mction ,,1AlIagel,s 5ervices is changed materially, she amounts of com- pensation shall he equitably adjusted. 15.6.2 EExTFt6eStbSfAVff&Yavasotirgxkkxi�remn..•:x�atnhei(ooumcs,00,AAt4ilHl4xRx',P19FRiF3elt�efeRR'PRRStx AlAoocuAstNtosal O\YNtRCONf1NU(IIIINMANALIRAGRIIAllNT • Whir l9ntsnnloN • AIA• BB01-1980 B AIA D • 1111 NI 1501 -IN Slllull Of del HIIIC I,, 17n NI W Y IRA AVI . N W , WA\IIINCION, 11 C_ 241Y, ARTICLE 16 OTHER CONDITIONS OR SERVICES XxKwAAvx xxxxwmlcaxxxxwAI=olosxe24x 16.1 Scope of Work. The work to be completed pursuant to this Contract consists of the Public Improvr.ments for Mounds View Business Park, as more specifi- cally described in P:.ans and Specifications prepared by the Architect dated October 12, 1987, as revised. 16.1 List of Reimbursable Costs. F.eimbuzsable coats shall include, without limitation, the following: a. Wages and salaries paid for labor forces of Construction Manager or others incurred on behalf of Construction Manager in the performance of the Work to be completed, including contribut+ons, assessments or taxes for such items as unemployment compensation and social security. b. Reasonable travel and subsistence expenses of Construction Manager or its officers or employees while traveling in connection with the Work. c. Costs of all materials, supplies and equipment incorporated into the Work, including costs of transportation thereof. d. Payments made by Construction Manager for Work performed pursuant to subcontracts under this Agreement, if any. e. Cost of materials, supplfes,'equipment, temporary facilities and hand tools not owned by the workers which are consumed in performance of the Work, and cost less salvage value on items used but not consumed which - remain the property of the Construction Manager, including transportation and maintenance. f. Rental charges of necessary machinery and equipment, including installa- tion, minor repairs and replacements, dismantling, removal, transporta- tion and delivery costs thereof. g. Sales, use or similar taxes related to the Work imposed by any govern- mental authority for which the Construction Manager is liable. IT. Permit fees, royalties, damages for infringement of patents and costs of defending suits therefor, and deposits lost for causes other than the Constructicn Manager's negligence. i. Minor expenses such as telegrams, long distance telephone calls, tele- phone service at the site, expressage and similar petty cash items in connection with the Work. j. Cost of removal of all debris k. Costs incurred due to an emergency affecting the safety of persons and property. 1. Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. (See Page 10 for continuation) This Agreement entered into as of the day and year first written above. COMMERCIAL PROPERTY INVESTMENTS, INC., A OWNER Minnesota Corporation, as Agent for CONSTR TION ANAGER he CI OF M UNDS V?EW, MINNESOTA _ EVERES B B Its YrZ _ Its AIA DOCUMENT 1101 (n\'NLR.CON%Ik U11IIIN MAMGI R ALRI I MINI • IUNI I1NI IOIIION • AIAI BBOI-19BD 9 Q,IYMI. INL AM[ RItANINM II UIL III AI( III 11f D. 176 NI11'NIRR AST . %%V. N'A1111NGION. UC. 2VA9, 16.3 List of Non -.Reimbursable Costs. Non -Reimbursable Costs shall be limited to the following: n i a. Salaries or wages of the Construction Manager's personnel at the ^ Construction Manager's principal office, with the exception of salary or compensation for the Project Manager or Project Superintendent. b. Expanses of the Construction Manager's principal office other than the field office. c. .Any part of the Construction Manager's capital expenses, including interest on the capital employed for the Work, if any. d. Overhead or general expenses of any kind, except as may be expressly included in Article 16.2. 16.4 Contract for Private Redevelopmcnt. This Contract supplements a Contract Tor Private Redevelopment entered into between the Owner and affiliates of the Construction Manager on January 11, 1988. To the extent that this Contract is inconsistent with said Redevelopment Cont,sct, the Redevelopm=nt Contract shall be deemed controlling. 10 MEMO TO: MAYOR AND CITY COUNCIL ^ FROM: CLERK -ADMINISTRATOR LJ DATE: MAY 31, 1980 SUBJECT: FINAL PAYMENT, PUBLIC WORKS GARAGE ADDITION Enclosed please find a letter from the City's architectural consultants Garage Addition. PublictWorks for fForemanyUlrichohash advisedcmeothat a final inspection was conducted on the garage facility and that all work has been approved. Therefore, Staff recommends authori- zation of the final. payment on the Public Works Garage to Cottonwood Construction in the amount of $47,995.07. DFP/MJS RSE" ViONEERS ■ ARCHMM S PLANNERS May 20, 1988 222 EAST LIOLE CANAOA ROAO, S7 PAUL, M%WESOM 55117 612 484.0272 Mr. Donald F. Pauley City Administrator City of Mounds View 2401 Highway 10 Mounds View, Minnesota 55112 Dear Mr. Pauley: RE: Public Works Garage Addition/Modification SEH File No. 87175 C Enclosed is Cottonwood Construction's Final Application for Payment. This payment includes all the additional work performed by Cottonwood as outlined in the attached list of work items. I have reviewed this final application and the additional work ._ items and to the best of my knowledge find them to be acceptable i and approved for payment. Also enclosed are the following items which where submitted by Cottonwood Construction. 1. Two copies of Operation and Maintenance Manual. 2. Two copies of Minnesota Department of Revenue Form IC- 134 for Cottonwood Construction and each subcontractor. 3. One copy of roof warranty. Please give me a call if you have any questions regarding the final payment or other items enclosed. //Sin r ly, vl Darwin M. Li ahl, AIA DML/me Enclosures 5! PAUI, CHIPPEWA FALL$ SHOR! EWOlR MINNE50lA WISCONSIN HENDRICKSON INC. REQUEST 0 s 4 �QEf.T Pubii.: Works Gar a aLOCATIONt Citv of '•toii� TH A Frr�+*� CC{f;RACaVRs1eW OJT 1 116-8� 7�_ 9240 Cottonwood Lane North Macle Grove MN. 55.369 f DESCRIPTION VALUE YbRK GO+ PRLYJCUS I qAMOUNT COMPLETED Performance Bond General Rartnira 6: _ 4,000 s 12 ].40 _ 6,260. 21.57A. 121 90t 10470..00 10041370.0100 12775.0045 4890.00 95 21395.00 95 13860.00 C o d i •'��{ { I 275425.00 '�5EE A7TACffl;D SHEEP GEGE ORD�I,S�_ 12,855.00 TOTAL AMOUNT OF WORK COMPLETED TO DA%E.... LESS RETAINAGE.... SUB -TOTAL.... L> SS A.�M}JNT RECS.VED.... TOTAL AMOUNT DUE.... 47,995.07 0 General Contractors wottonivood 9240 Cottonwood Lane Commercial — Industrial onstruction Maple Grove, AIN 55369 New — Remodel Phone 424-33,1 Sh RT, ELLIOf, HENDRICKsoN, INC. 222 E. LITTLE CANADA ROAD SAM PAUL, M. 55117 ATM: DARWIN LINDAHL EMA ALRK PERFORM: •1. Add two courses of block to the building addition. MAY 5, 1988 ✓2. Remove and replace exsisiting huilding gutters and downspouts. 3. Add 1/2" ?arlite board to the roof deck. ,4. Install a block wall in the exsisting storage roan to utilize eight feet 3s a locker room. Make a door opening between the mens toilet and the new locker roan. Frame a wood deck above the locker room that can be used foz storage. S. Open up exsisting brick and block wall at the new break roan and install a n_w door, frame and hardware. ✓6. Enclose the 1:oiler room, install door, frame and hardware. Install combustion air duct from outside wall to the boiler roan. "7. plumbing work necessary to install fire hose outlet and silleock. B. plumbing added for water meter and 1 1/2" line inside the building for truck washing and hot and cold water w/faucet assembly. 9. Saw cut and remove floor; shorten hot water heat in the way of door frame installation to vxx e:is toilet; patch floor. 10. Install concrete pier around mezzanine colwm. $ 1040.00 2285.00 1760.00 13MOO 1315.00 C 2890.00 540.00 870.00 415.00 350.00 TOTAL $12,855.00 R MEMO TO: MAYOR AND CITY COUNCIL FROM: CLERK -ADMINISTRATOR DATE: MAY 24, 1988 SUBJECT: SEXUAL HARASSMENT POLICY As you all know, the issue of on-the-job sexual harassment has ber..ome a dominent issue within the area of personnel management during the last few years. Although we have not experienced, nor am I aware of any sexual harassment of our employees in the past, I felt it would be appropriate to have such a policy to guide our employees on the issue of sexual harassment and on the handling of sexual harassment complaints should any occur in the future. With that in mind, I have prepared a proposed sexual harassment policy for your consideration which is drawn from many sources of information including documents provided by the Inter- national City Management Association and a Sexual Harassment Policy recommended by the Municipal Technical Advisory Service of the University of Tennessee dated April of 1987. Should you find this policy to be acceptable, I would propose that you adopt it by resolution. Should you find it to be unacceptable or suggest any specific changes, I would appreciate your comments. DFP/MJS Attachment: SEXUAL HARASSMENT POLICY OF THE CITY OF MOUNDS VIEW The sexual harassment of any employee of the City of Mounds View by any other employee or non -employee is demeaning to both the victim of the harassment and to the City. It can result in high turnover, absentee, low morale, and an uncomfortable work environment. Some forms of sexual harassment, including certain kinds of unwelcome physical contact, nay also ba criminal offenses. The City will not tolerate the sexual harassment of any of its employees, and will take immediate, positive steps to stop it when it occurs. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1974. In some cases it has been found to be in %iolation of the victim's U.S. Constitutional Rights. In some states it has been held to be a violation of state statutory and common law. This sexual harassment policy applies to all officers and employees of the City of Mounds View, including, but not limited to, full and part time employees, elected officials, permanent and temporary employees, employees covered or exempted from personnel rules or regulations, employees covered by Civil Service regulations, and employees working under contract for the City. This policy will be distributed to all employees of the City. Every employee will be required to acknowledge his or her receipt of this policy :n writing. A copy of that acknowledgement shall be kept on permanent file in the City. Department Heads and Supervisors shall be responsible for ensuring that all employees working under their direction are familiar with this policy. The sexual harassment policy of the City of Mounds View is as follows, I. Sexual harassment is unwelcome conduct in the form of pinching, grabbing, patting, propositioning; making either explicit or Implied job threats or promises in return for submission to sexual favors; making inappro- priate sex -oriented comments on appearance, including dress or nh_vsical features; telling embarassing sex -oriented stories; displaying sexually explicit or pornographic material, no matter how it is displayed; or sexual assault on the job by supervisors, fellow employees, or ® on occasion, non -employees - when. any of the foregoing unwelcome conduct affects employment decioions, making the job environment hostile, detracting or unreasonably interferes with work performance. SEXUAL HARASSMENT POLICv PAGE TWO The definition of sexual harassment includes conduct directed by men toward women, by men toward men, by women toward men, and conduct directed by women toward women. II. Any employee who feels he or she is being subjected to sexual harassment should immediately contact one of the persons below with whom the employee feels the most comfortable. Complaints may be made orally of in writing to; 1. The employee's immediate supervisor. 2. The employee's department head. 3. The Clerk -Administrator. 4. The City Attorney. Employees have the right to circumvent the employee chain of command in selecting which person to whom to make the complaint of sexual harassment. Regardless of to which of the above persons the employee makes a complaint of sexual harassment, the employee should be prepared to provide the following information; 1. The employee's name, department and position title. 2. The name of the person or persons committing the sexual harassment, including their title(s), if known. 3. The specific naLare of this sexual harassment, how long it has gone on, and any employment action (promotion, failure to promote, dismissal, refusal to hire, transfer, etc.) taken against the employee as a result of the harassment, or any other threats made against the employee as a result of the harassment. 4. Witnesses to the harassment. 5. Whether thv employee has previously reported des' such harassment, and if so, when and to whom. SEXUAL HARASSMENT POLICY PAGE THREE III. The Clerk -Administrator is the person designated by the City to be the invetigator of complaints of sexual harassment. The Clerk -Administrator may delegate the investigation to another City employee at his discretion. In the event that the sexual harassment complaint is against the Clerk -Administrator, the investigator shall be a municipal employee appointed by the City Attorney When an allegation of sexual harassment is made by an employee, the person to whom the complaint is made shall immediately prepare a report of the complaint according to the preceeding section and submit it to the Clerk -Administrator, or in the event the sexual harassment complaint is against the Clerk -Administrator, to the -City Attorney. The investigator shall mare and kee.- a :tritten record of the investigation, including notes or verbal responses made to the investigator by the person complaining of sexual harassment, witnesses interviewed during the investigation, the person against whom the complaint of sexual harassment was made, and any other person contacted by the investigator in connection with the investigation. The notes shall be made at the time the verbal interview is in progress. Based upon the report, the Clerk -Administrator shall, within a reasonable time, determine whether the conduct of the person against whom a complaint of sexual harassment has been made constitutes sexual harassment. In making that determination, the Clerk -Administrator shall look at the record as a whole and at the totality of circumstances, including the nature of the conduct in question, the context in which the conduct, if any, occurred, and the conduct of the person complaining of sexual harassment. The determination of whether sexuai harassment occurred will be made on a case -by -case basis. If the r1erk-Administrator determines that the complaint of sexual harassment is founded, he shall recommend that the City Council take immediate and appropriate disciplinary action against the employee guilty of sexual harassment, consistent with its authority under the municipal charter, ordinances, rules or regulations pertaining to employee discipline. The disciplinary action shall be consistent with the nature and severity of the offense, the rank SEXUAL HARASSMENT POLICY PAGE FOUR of the employee, and any other factors the City Council believes relate to fair and efficient administration of the City, including but not limited to the affect of the offense on the employee morale, publ.ic perception of the offense, and the light in which it casts the City. The disciplinary action may include demotion, suspension, dismissal, warning or reprimand. A determination of the level of disciplinary action shall also be made on a ease -by -case basis. A written record of disciplinary action shall be kept, including verbal reprimands. In all events, an employee found guilty of sexual harassment shall be warned not to retaliate in of any r way against the person making complaint sexual harassment, witnesses or any other persons connected with the investigation of the complaint of harassment. (a) The investigation, discipline and disposition of a sexual harassment complaint against a member of the City's Police Force shall be governed by Department Policy Section 30. (b) Upon receipt of a report on the investiga- tion of a complaint of sexual harassment against the Clerk -Administrator, the City Attorney shall present the report .j the City Council. If. the City Attorney determines _ that the complaint of sexual harassment is founded, the City Council may discipline the Clerk -Administrator consistent with its authority under the Municipal Code, Charter, ordinance, resolutions or rules governing discipline of the Clerk -Administrator. (c) The City Council may discipline an elected official in whatever manner it deems appropriate, consistent with its authority under state law, the municipal charter, ordinances, resolutions or other rules governing discipline of elected officials. (d) In cases of sexual harassment committed by a non -employee against a City employee in the workplace, the Clerk -Administrator shall take all lawful steps to ensure that the sexual harassment is brought to an immediate and. SEXUAL HARASSMENT POLICY PAGE FIVE 01 Any employee disciplined for sexual harass- ment may appeal the disciplinary action by following the Grievance Procedures outlined in the City's Personnel Code for non -union employees or the Grievance Procedures contained in the applicable Bargaining Unit's Master Labor Agreement. IV. Employees are not only encouraged to report instances of sexual harassment, t -v are obligated to report instances of sexual harassment. Sexual harassment exposes the City to liability, and a part of each employee's job is to reduce the City's exposure to liability. Employees are obligated to cooperate in every investigation of sexual harassment inclufling, but not necessarily limited to, coming forth with P-idence, both favorable and unfavorable, to a person accused of sexual harassment, fully and truthfully making a written report or verbally answering questions when required to do so by an investigator during the course of an investigation of sexual harassment. �7 Employees are also obligated to refrain from filing bad faith complaints of sexual harassment. Disciplinary action may also be taken against any employee who fails or refuses to cooperate in the investigation of complaint of sexual harassment, or who files a complaint of sexual harassment in bad faith. N MEMO TO: MAYOR AND CITY COUNCIL j� FROM: CLERK-ADMINISTRATO DATE: MAY 31, 1988 9 SUBJECT: 1988 LEGISLATIVE ACTS SUMMARY The folluwing is a summarization of actions taken by the Minnesota Legislature during 1988 which are of interest to the City of Mounds View excluding property taxation and local government aids. A separate memorandum from Finance Director Brager and myself on the property tax law and local government aids will be forthcoming once the confusion surrounding those two pieces of legislation is resolved and more accurate information is available. For purposes of ease in understanding this memorandum, I will be providing a short header addressing the various subject matters and then providing the detail on the legislation. Should you have any questions regarding any of the legislation addressed in this memorandum, I would be happy to provide you with any additional material you might require. Tax Increment Financing - The Omnibus Tax Act of 1988 contains a number of Features that Further restrict cities' use of tax increment financing. Some of the restrictions will have a real impact on the use and planned use of tax increment financing while others are more in the nuisance category. The issues that are of concern to the City of Mounds View regarding tax increment financing are as follows, a. Economic Development Districts - Although the City has not used the economic development district portion of the tax increment financing law to certify its existing three districts, should we choose to use this provision in the future the tax law has added some restrictions. Basically, economic development districts in the Metropolitan Area may not be used for development where at least 25% of the square footage of the buildings is used for retail food and beverage service, automobile sales and service, recreation or entertainment facilities, golf courses, massage parlors, skating facilities, sports facilities, or racetracks. b. Soil C_ onditlon Districts - The tax law also places restrictions on soil condition districts such as the Miller property for districts certified after May of this year. Since the Miller property was certified prior to that time, these restrictions will not apply in tha` case. Any new soil condition districts will have a 12 year duration limit which probably would mean an increment of 10 to 11 years depending upon the speed in which the development goes on the tax roles I MAYOR AND CITY COUNCIL PAGE TWO 1 MAY 3.1, 1988 c. Plan Modifications - Any new plans or modified existing plans will require two fiscal statements with one analyzing estimated captured assessed value without creation of a district and the other no captured assessed value without creation of a district. Also, an identification and description of studies and analyses used to make the "but for" determination mist he included in the report. Finally, if the district or proposed district is a redevelopment district, the reasons an° supporting facts that the district meets the criteria for such a district must be retained and made available to the public until the district has been terminated. d. MMal strative Costa - The county may now new and existing districts pay the administrative costa by February 15, of the year after the year the countmusthas sincurred those expenses. The County Auditor ubmit a record of the actual costs in order to obtain payment. e, Exccss Increments - The tax increment law willnow l specify that excess taxes due to increased mill rates over the life of the project will be distributed to the mig reta1lned bycountthend school district fortrict earlyrather thbe an beinng retirement of the bond. 2. Metropolitan Governance. Chapter 675 of the Laws of 198e makes some adjustments to the accountahility aspects of certain internal operations of the Metrop°focatheoMetrol increases the allowable property tax levy Highway Right -Of -Way Acquisition Loan Fund and modifies the Council levy limits. 3. Waste Management and Recycling Act. Amendment to the State and Metro Area Waste Management Systems statutes acts upon waste management and will have significant impears. The recycling in the state applying totthenCityfew Of Mounds View are significant ones applying that after J nuary 1, 1990 the disposal nitionof dofathe in landfills is prohibited. Also, in recognition fact that landfill disposal of solid waste in the Metropolitan Area has become virtuallyulationpolysystem, Law sets up a temporary p•!blic fee reg freezes disposal fees until June 1, 1989 and sets up a study ?rocess to determine how fees will be regulatec' on a long term basis. MAYOR AND CITY COUNCIL PAGE THREE :!.NY 31, 1988 4. Comparable Worth The least onerous of the various Comparable Worth Law amendments was adopted during 1988. The new law will require that local governments file their reports with the state by October T, 1988 and implement their program for correcting inequities by December 31, 1991. As the City of Mounds View has been certified by the Commissioner of Employee Relations as complying with the requirements of the previous law, this matter does not apply to the City of Mounds View. 5. Workers Compensation Cancer Presumption This law enacts a presumption that active firefighters who contract disabling cancer caused by heat radiation or carcinogen exposure have an -"_rational disease for workers compensation benefits. 6. Certificates of Indebtedness - Charter Cities. Charter cities are now authorized to issue Certificates of Indebtedness (also known as Equipment Debt Certificates) up to 19 of the city's assessed value per year if not specifically prohibited by the Charter. Since the Charter does rot address the Equipment Debt Certificate or Certificate of Indebtedness issue, this law will apply to the City of Mounds View. 7. Certification Date Change. The October 10 certification date has been changed to October 25 and applies to all units of local government. The first installment payment of local government aid and homestead credit has been changed from July 15 to July 20. Obscene Materials. Chapter 406 defines and prohibits obscene performances, and includes plays, motion Pictures, dances or other exhibitions performed before an audience. Violation of this law is a gross misdemeanor which would be prosecuted by the Cit.? Attorney subject to a maximum $3,000 fine and up to one year imprisonment. Second violation within five years is a felony with a maximur„ penalty of two years imprisonment and a fine of $10,000. 9. Volunteers Covered y Tort Immunity. Chapter 701 provides that for the purposes of the Municipal Tort Liability Act an employee includes a person acting on behalf of the municipality in an official capacity, temporarily or permanently, with or without compensa- tion but not an independent contractor. 10. Camoaien Practices. As previously aluded to in an Administrative N:wsletter, a candidate for any elective office including Mayor or Council positions which MAYOR AND CITY COUNCIL PAGE FOUR MAY 31, 1988 receives or spends more than $750 in a calendar year must submit an annual report within 14 days after receipt or disbursement of $750; another report by January 31 of each following year; and a final report when all debts and assets are settled. In addition, in election years when the candidate is on the ballet, additional reports are necessary 10 days before a primary election, 10 days before a general election, 7 days before a special primary, 7 days before a special election, and 30 days after a special election. This law will go into affect for the 1988 elections. 11. Gambling Licenses. Chapter 705 extends the time period to 60 days (currently 30 days) for City Councils to review applications for and renewal of licenses to conduct Charitable Gambling operations. 12. Zoning Requirements, Chapter 583 provides chat the requirement of filing a variance to abstract or registered property is satisfied if a certified copy of the resolution stating the existence of the variance is filed identifying where the variance documents are available for inrpection. 13. Prohibition on uoyernmenc ruccuaau v, --------- Packa_ging. Chapter 671 prohibits government purchases after January 1, 1989 or other sales or purchases of chloroflourocarbon (CFCL) processed packaging. The law specifies a penalty up to $500 for a violation and requires a study of ways to eliminate CFCL sources. 14. Dangerous Dog Regulations. Chapter 711 authorizes any Home Rule Charter City to regulate potentially dangerous dogs and enacts the state Dangerous Dog Statute administered through counties. The law defines dangerous dogs and potentially dangerous dogs based on their past behavior or potential benavior. Potentially dangerous dogs include those with a known propensity, tendency, or disposition to attack when unprovoked or to chase people on public property and an apparent attitude of attack. Counties may charge owners of dangerous dogs an annual fee, in addition to regular dog licensing, for a Certificate of Registration for such an animal. Registration of a dangerous dog must include a Surety Bond or liability insurance of at least $50,000 insuring the owner for any personal injuries t":t an animal might inflict. Counties must confiscate any dangerous dog if the owner does not have it validly registered, does not MAYOR AND CITY COUNCIL PAGE FIVE MAY 31, 1988 have the necessary liability insurance, does not maintain it in a proper enclosure, or has it outside the enclosure without a muzzle and not under restraint. 15. Extended Hours ror err -ads= t - ---- - - Before Thanksgiving. Chapter 420 extends off -sale ltquo store hours on the day preceeding Thanksgiving Day. 11. Health Insurance Benefits. Chapter 605 requires that local governments identify in their budgets the amount they spend on health insurance benefit payments during the contract or policy period. If the local government makes payments for employees not covered by a collective bargaining agreement, those benefits must be approved by separate action of the City Council. 17. Rendering Aid in Emergency Situatns. Chapter 422 allow; cities by resolution to allow officers and designees to dispatch emergency equipment and personnel outside of the local subdivision during an emergency situation without authorization from the local governing body. These actions are acts of the local governmental unit for insurance purposes. NOTE: Under the City's Civil Defense Code the City's Civil Defense Director has the authority to dispatch equipment under these circumstances. 18. Rice Creek Watershed District. Chapter 426 allows the Rice Creek Watershed District to levy up to $200,000 for and Administrative Fund. DFP/MJS cc: Department Heads MEMO TO: MAYOR AND CITY COUNCIL XL FINANCE DIRECTOR -TREASURER p b1 DATE: JUNE 2, 1988 �( SUBJECT: VEHICLE AND EQUIPMENT MAINTENANCE SCHEDULE Staff has been working on the preparation of a vehicle and equipment. maintenance schedule the past few months. The basic concept is quite simple: Inventory and prepare a list of existing vehicles and equipment; determine the useful life of each item on the list and it's estimate�lreplacement cost. As a result of the above, a replacement schedule is prepared and the amount of money needed on an annual basis to follow the schedule can be calculated. The amount of money needed can then be budgeted each year and placed in a Vehicle and Equipment Replace- ment Fund. The advantage to the City is planned expenditures and the avoidance of unexpected large expenditures or "budget busters". Conceptually, this is very straight forward and appears to be a simple task. In practice, it has prcved to be somewhat complicated; complicated because the process provoked a rethinking of what types of vehicles and equipment the City should have and also what types of services the City should Provide. Staff's discussions focused on four issues: 1) Snowplowing 2) Parks Ground's Maintenance 3) ice Rink Maintenance 4) Street Patching Discussions revolved around whether the City should provide and/or improve service levels in these areas and; if so, what equipment would be needed. Public Works Foreman Ulrich has prepared a memo which addresses these issues in detail. A copy of this memo is attached. All equipment needed for these programs have been included In the vehicle and equipment schedule included with this memorandum. Due to the inclusion of new equipment for programs mentioned above and because we would be "playing catch-up" on the amounts to set aside annually to replace older vehicles and pieces of equipment the first few years of the prograq,/could prove to be quite costly. As older items are replaced artnual costs would decrease. Likewise, annual costs would vary depending upon the Policy set for the issues identified above regarding new programs and/or modifications of old ones. Staff requests Council's direction regarding this matter. DB/MJS Attachments: 1) Memorandum from Public Works Foreman 2) Vehicle and Equipment Replacement Schedule MEMO TO: DEPARTMENT HEADS FROM: MIKE ULRICH, PUBLIC WORKS FOREMAN DATE: APRIL 26, 1988 SUBJECT: PROPOSALS FOR EQUIPMENT PURCHASES IN THE 1989-90 BUDGET In order to determine equipment purchases for these upcoming budgets, the City of Mounds View must decide to answer four key questions. The first one being the question of snowplowing. Should we decide to take on the snowplowing, are we goin to do it in one total year, or assume a complete takeover in two yens? The second question deals with the summer maintenance of our parks and softball diamonds. In taking over the snowplowing we will need more equipment which may also be utilized by doing more of our own hauling, helping with the patching and working in the compost pile, to name a few. These two pieces of equipment would be a four wheel loader with a plow and wing for winter maintenance and a 6 yard dump truck equipped with plow, wing and sander. My estimations based on the three times that we plowed our section of the City is that we can efficiently and effectively plow the streets of Mounds View with three pieces of equipment. The costs of these two pieces of equipment combined would be approximately $160,000-- $100,000 for the four wheel loader and approximately $60,000 for the dump truck. A 15' mower, which I have personally operated three of, would cost the City approximately $37,000, Some additional funds such as $2,000 to $4,000 would a?.so be needed to purchase a cab and blower for this machine. This price may be reduced, however, if we were fortunate enough to purchase a demo machine which would be one calendar year older :han the current year. In respect to mowing the ballfields and parks -- currently, we have two six foot mowers that operate on an average from four to five days to mow all of our parks. This means that during the heavy growing season it takes to Public Works staff people all week just to mow the parks. What I am proposing is that we purchase a 15' mower, possibly sell one of our six foot mowers and keep the other one to do the trimming around the trees and in the tight areas. Under ideal conditions, this 15' mower can mow approximately 11 acres per hour. This mower would also be equipped with a snowblower so that this piece of equipment, could be utilized year around. our next question relates to the winter maintenance of our City maintained sidewalks and ice rinks. Currently, we convert one of our summer mowers to a broom equipped tractor that sweeps our rinks and our sidewalks. This broom, however, will only clean a 41" swath, therefore, taking MAYOR AND CITY COUNCIL PAGE TWO APRIL 26, 1988 an extremely long period of time to dothe necessary rinks may be d and the naintanance sothSWeofrbefore compaction occurs- I am b sidewalks may P proposing that we purchase a 7' broom to be mounted on our John Deere utility traat�ractorwhich andrau7'lfootsits broomidle wemost can E the winter. By using efficiently clean our City rinks and sidewalks, some of them when traveling from ice rink to ice rink. This equipment will effectively move four inches of snow continually all the way around our rinks until we get to the edge where we must use the blower to rinks. Currently, w- play owatg�ort of e ow from and mouse" hockey game when cleaning our hockey rinks. our tractor blower starts out in the middle blowing all the snow around in whichthen blower then the broom down follows it around ice, clearing the'snow left by When completed with this operation, we must then load one piece of machinery and trailer it to anotherrink while the other one drives down the road. Should we purchase broorthe ea to ntireorink to theunt on our tboards, move Onractor, this atootheopleasure rink uld then r clearing all that away to the edge of the rink and then ice rink or sidewaly along the way. drive on to the next This vehicle would then move approximately 22 to 25 mph thus eliminating the Waiting time for the additional equipment to arrive to complete the cleaning. Currently, we contract out all of our street repair except for minor patches. The reason this is done is not only because the equipment we have is inarms ofe,roduction.not only inThe terms of reliability, but also ut isioureone too roller and the equipment I am talking sor we own- With the combined purchase current air compres of a new 15' mower which would nalleviate time on msomewhowing at convert manpower shortage we could g that into patching which I believe we can do cheaper than what a contractor will charge us. To do our own street patching in a more complete and competitive manner, we would have to purchase a new roller and air compressor for the combined total of approximately $12,500. The last item not added to the equipment purchaepick-ups is for the replacement of two Public Works ut ton pickgups combined cost of $23,000. Without addressing the ^ MAYOR AND CITY COUNCIL f PAGE TWO APRIL 26, 1988 lsnowplowing issue and the patching, I am recomnending at east the purchase of a 15' mower, 7' broom and replacing the two 1/2 ton pick-ups for the 1989 budget. With the replacement or addition of this equipment, we can reduce both labor and equipment time in current services we now Provide. MU/mjs PRESENT YEAR: ..................19-8.. ------•------------. ' T ; PRESENT ; 9CRBDUL60 ; ESTIMATED ; ANNUAL ; SOUHCY(SI I : ; DEPARTMENT ; CITY ;USBPUL LIFE ; ;REPLACEMENT ;RBPLACININT :RBPLACINBNT ; SET ABIDE OF : 3 ; TYPE OF V3H!CLB/EQUIPMBBt 1 IR ; PRESENT VESICLE ;ASSIGNED TO ;VEHICLE NO. ; (IN T1AH9) ; COST NEW ; COST ; DATE C031 ; BRIGID ; PUNDIRO ; r -• ;STAFF CAR 11983 ; FORD CROWN VIC :CITY BALL ; 600 3 0 VIA ; 9/1 ; Ilk ; N/A , GENERAL ;STIFF CAR :1980 ; CHEW MALIBU ;CITY BALL 619 ; 1 ; 0 NIA ; NIA NIA ; VIA I GENERAL ",:I WIFE CAR :1980 ; CREW CRIVETTS ;CITY RILL 613 3 ; 0 ; NIA ; NIA ; N/A ; MIA : CEREAL :I ;STAFF CAR :1982 ; CRY IMPALA ;CITY BALL 61l 3 ; 0 MIA : N/I : 91A : NIA : GENERAL N ;STAFF CAR 3 ;1181 ; FORD FAIRMONT ;CITY RILL ; 611 ; 3 ; 0 ; MIA ; N/A ; I/1 : VIA ; GIIEBAL.. 4 :1/1 101 PICKUP :1988 ; CHEW ;FOR83TR1 ; 720 ; 10 ; 0 $11,000 ; 1998 ; 114,183 : 111478 ; FOIRSTRY- :S :1/1 TON PICKUP NERD ; CFEV ;PARRS ; 417 10 ; 0 $11,000 ; 1990 : 111,610 : $5,835 ; GENERAL ; :l TON PICKUP I PLOW 1 :1983 ; CMC ;PINKS ; 419 10 ; 0 ; 111,000 ; 1993 : 112,3S2 : 12,550 ; GENERAL.. 1E ;BROOM FOR JOHN DEERE TRACTOR :1989 ;NONE - NBY EQUIP ;PARKS ; ? : 20 ; 0 $3,500 ; 198E : 13,60E 1 13,605 ; GENERAL if 71ICTOR Y ROVER / tlROOM :1984 : JOHN OBESE ;PAHIS ; l09 ; 20 ; 0 120,000 ; tool : 132,014 1 12,006 ; CEREAL 1 ;UTILITY TRUCK :1977 ; C-RY SUBURBAN ;PAHIS ? : MIA ; 0 N/A : I/A : Ill : 10 : CRBERIL :N :UTILITY VAN 11974 ; FORD ECONOLIME :PARES III 10 ; 0 ; 18,000 ; 1195 : 11,831 ; ,- 11,406 ; ' GBIEIIL :R. WERE - 6 FOOT 11985 ; JOHN DREBB :PARKS 408 : 5 ; 0 113,500 ; 1990 ; 114,32E : : . 01111AL . 1 ;Novel - 6 FOOT ' 1 :1985 ; JOEM IRISH ;PARES 401 ; 5 ; 0 ; 113,500: 1990 ; 115,650 - ,`11,161 ':: 17,821 ; GIYBRIL :51 ;VAY(PUPPIT WAGON) :1979 ; FORD :PARRS 406 : 1 ; 0 $8,000 ; 1995 : 19,81E : 11,40E : ` GBIEBAL :11 :IOVIR - 1S FOOT :1989 ;Iowa - WBY EQUIP ;PAHIS ? 10 : 0 : $36,000 ; 1989 ; 131,010 : 131,080: GENERAL :PI :LIGHT UTILITY PICKUP :1980 : CREW LOW ;PARKS : 420 ; 10 : 0 : 1111000 : 1989 : $11,330 : 111,330 1 GIIIIIIL ill ;POLICE SQUAD CAE :1988 ; CREW ;POLICE ; 2191 2 ; 0 111,S00 ; 1990 : (U,3I2 ; 1 T 161 : GENERAL , 'POLICE UNNARKBD '1980 ' , CH9V MILIEU ,POLICE . 2 .a ! 3 , 0 112,000 , TEST , 113,911 : ' 12,18E : 01188AL : :POLICE SQUAD CAR(RESERVE) 1 :1987 ; CRBV CIPBICI ;POLICE 2792 2 ; 0 ; 113,500 ; N/A ; 1/1 ; 10: GENERAL ;U9 ' LICE UNMARRED ;19P5 ; CHEY Cauca ;POLICE 2700 3 ; 0 $12,000 ; 199E ; 113,606 ; 13,311 : GENERAL ; OLICB SQUAD CAR :1398 : CHRV ;POLICY 2791 ; 2 ; 0 $13,500 ; 1990 ; 114,111 ; '$1,161 : GIRIAL : NBUNITI SERVICE VEHICLE ? :1984 : FORD CROWN VIC ;POLICE : ISO 5 ; 0 : 112,000 ; VIA 1 10 ;' 001 GENERAL' :US ;POLICE SQUID CAR :1988 ; CREW :POLICE ; 2791 : 2 ; 0 113,500 ; 1990 ; $14,322 : $1,161 : GENERAL :LOIDER/BACKHOE :1965 : CASE :SEWER 204 20 ; 0 : 1100,000 ; 1993 : 1115,911 1 123,185 : GBI,WII,BVR :11 1 :112 TOY PICKUP :1980 : CHEY ;SHYER 203 ; 10: 0 : 111,000 : 1990 ; $11,610 I 16;835,: RIVER_' : :9IVIR JBt HODDaR :1979 ; FORD 800 ;9E118R ; 205 : 20 ; 0 : 1100,000 : 199E ; 1138,413 112,681 1 : RIVER )1 10N STIIL OLLIE :1977 ; RAT GO :5T865T5 : 10; 10 : 0 11,000 : 19I9 : N,21E ; !?,110: REW,YTR,9YR :IP :81LTISIID SPREADER :12.0 : ? ;Stage?$ 122 : 20 : 0 : 11,800 ; 1989 : 11,85! 11,851 1 OENEKAL :96 J :STD QUIP V PLOV,VIMG, I SANDER;1999 ;NONE - NEW EQUIP ;STREETS ? 15 : 0 : 160,000 ; 1989 F 161,80D ; 161,100: •: algal; :PR :AIR COMPRESSOR ON TRAILER :1978 ; SMIIn ;911E619 : 101 ; 15 : 0 : 15,000 ; 1989 : 15,150: 15,150 ; CBN,WIR,9V9 :IF :714 TOM PICKUP : PLOY 3 :1988 : CHIP ;STREETS Ill 10 ; 0 : $13,500 : 199E ; 118,141 ;. 111814: GENBR/L : :311881 SWERPBR :1990 :MORE - REV EQUIP ;STREETS ? 10 : 0 180,000 : 1990 ; 184,912: 112,436 1 CEREAL :PR :6 ID DUMP I PLOV,11I9 130DeR:1908 ; FORD HOOD ;STRRIIS Ito : is ; 0 : 160,000 ; 2003 ; 193,41E ; 16,131 : GBN,v11,8vl : MILITY TRUCK :1977 : 0000E ;YATIR 314 ID: 0 : 111,00D ; I?89 : 1111330: 111,130: WATER 1 :PAINT STRIPER :1980 : ? ;WATER 301 10 : 0 14,000 ; 1990 ; 1412:5: 11,111 : Willi ; :4 ID DUMP TRUCK :1966 : CRSY ;WATER : 302 15 : 0 $60 000 ' ' 1993 ' 169,65E , ' 112,814 , WATER B¢ � :UTILITY TSUCH 1982 , OR S15 �' 1A18R : 315 10 � 0 : 110,000 � 199E : 111,255: 12,E14 : : 1141ORa1BACKROB :1986 ; JCB ;WATER ; JOS 20 ; 0 : 185,000 ; 2006 ; $144,107: .WATER $8,039 ; CRM,Y1l,9YH ; :UTILITY VEHICLE : ? :TORO VORKMISTER ;PARKS ? ? ; 0 ; ? ; ? : ? 1 1 : 1115,641 : 4 n 1 EIPECTED ; PRESENT ; SCRBDULBO 1 ESTIMATED ANNUAL SOURCES) 1 ;USEFUL LIFE ; 3EPLICE169: ;REPLACBMENI ;REPLACEMBIIT ; SET ASIDE ; OF 1 (IN TEARS) ; COST Nil ; COST ; DATE COST ; NEEDED FUNDING ; COMIENTS 3 ; 0 VIA ; NIA ; NIA 3 ; 0 1 VIA ; MIA ; MIA 3 ; 0 ; NIA ; NIA ; VIA 3 ; 0 MIA NIA ; NIA 3 ; 0 1 MIA NIA 1 NIA 10 ; 0 ; 111,000 1 Isla ; 114,733 10 ; 0 ; 1111000 ; 1990 ; 1111670 10 ; 0 1111800 ; 1993 ; 112,76t 20 ; 0 ; 13,500 ; 1989 ; S3,6LS t0 ; 0 ; 110,000 ; 2004 ; 132,094 MIA ; 0 MIA ; VIA ; MIA 10 ; 0 ; 11,000 ; 1995 ; 19,839 113,500 ; 1990 ; 114,32E 113,500 ; 1990 ; 1151650 1 ; 0 11,000 ; 1195 ; 19,833 10 ; 0 136,000 ; 1989 OLD" l0 ; 0 $11,000 ; 1983 ; $11,330 1 ; 0 ; 113,500 ; 199E ; 114,322 3 ; 0 1 112,000 1993 ; 113,911 2 ; 0 ; $13,500 ; NIA ; NIA 3 ; 0 ; 11t,000 ; 199E ; 113,506 2 ; 0 ; 113,500 ; 1990 ; 114,32E S ; 0 ; 112,000 ; NIA ; 10 2 ; 0 ; 113,500 ; 1990 ; 114,32E 20 1 0 ; 1100,000 ; 1993 ; 1115,127 10 ; 0 111,000 ; 1910 ; 111,610 20 ; 0 ; 1160,OOD ; 1999 ; 5138,423 10 ; 0 ; 11:OD0 ; 1983 ; 171210 20 ; 0 ; $1,800 ; 1989 ; 11,951 15 ; 0 1 160,000 ; 1389 ; 161,800 15 ; 0 15,000 ; 1989 ; 15,150 10 ; 0 113,500 ; 188E ; 1181111 10 0 180,000 ; !990 ; 194,97E 15 ; 0 160,000 1 2003 ; 193,178 10 ; 0 1 111,000 ; 1989 ; 911,330 10 ; 0 14,000 ; 1990 ; 14,244 15 ; 0 160,000 ; 1993 ; 169,556 10 1 0 1101000 ; 1992 ; 1111255 t0 ; 0 1 185,000 ; 2006 ; 1144,707 ; ........................................................... VIA ; GINPRAL ;USE OLD SQUAD CARS ; NIA ; 1991RAL ;USI OLD SQUAD CABS ; NIA ; GENERAL ;USE OLD SQUAD CABS ; MIA ; GIMIEAL :USI OLD SQUAD CABS ; NIA ; GENERAL ;USE OLD SQUAD CARS 11,478 ; FORBSIRY ;REPLACES 80 CORY LUY ; 15,635 ; G.WRAL 12,550 ; G nsa 1H6PLAa V III T P U $I ; 13,605 ; GENERAL ;PROPOSED - PURCH 1989 ; 12,006 ; GENERAL 1 ; 10 ; GENERAL ;NOT TO BE REPLACED ; 11,406 ; GBVERAL ;BBPLACI V USED VBS ; 17,161 ; GENERAL ; 17,825 ; GENERAL 411L4 IF IS IT PURCRASID 11,406 ; GIVIRAL ;RIPLACI V USED 137,080 ; GBVERAL :PROPOSED PURCH 1289.SILL EFT ; 1 111,330 1 GENERAL ;REPLACE W 112 1 P U 11,161 ; GENERAL ; $2,782 ; GENERAL 10 ; GENERAL ;USI OLD SQUAD 13,317 ; GENERAL (T,1611 GENERAL ; 110j; GBYERAL ;U94 OLD SQUAD CAR ; 17,161 ; GENERAL ; 113,135 ; GEW,VTB,SVR ;11PURCH 1990 IF PLOWING DONS ; 151935 ; SEVER 112,584 ! SIVIR 1?'110 GBN,VTR,9W !IV CITY PA?CRBS ,-wins ; (I,E.4 ; 030E18 !SELL IF C:A DUMP Y PLOY BOUGHT; 161,800 ; GENERAL ;PROPOSED - PORCH 1989 It ; 15,150 ; GIW,7T8,9VB ;IF IT PATCH A SANDBLAST DGMB 11,814 ; GENERAL ; lli,436 ; GENERAL ;PROP PURCR '90.9113EP CONTI RIP; 16,23E ; GRY,VTB,SVR ; $11,330 ; WATER 12,12E ; BATHE ; 113,911 ; WATER ;RBPL V 6 ID DUMP V PLOW 12,814 ; BATES ; 18,039 ; GIN,VTB,SVR T ; ............ 13!S,611 ; HASSUMBS CIT► VILL TAIEOVBR SNOWPLOWING FROM COUNTY MEMO TO: MAYOR AND CITY COUNCIL FROM: FINANCE DIRECTOR -TREASURER Ak DATE: JUNE 2, 1988 SUBJECT: 1988 LONG-TERM FINANCIAL PLAN lan be ed Copiesthe 198 LonTerm 19888Agenda Session. Staff cial pwill wbelpresent dout at to discuss the Plan with you. DB/mjs I MEMO TO: MAYOR AND CITY COUNCIL FROM: FINANCE DIRECTOR -TREASURER 1 / DATE: JUNE 2, 1988 SUBJECT: BUDGET POLICIES The department head team met to consider issues for the 1989 Budget. Issues that were identified are presented below. Staff realizes that you may have issues which may not be presented in this memorandum. The purpose of this memorandum is to begin a dialogue on budget issues and policies which will lead to the setting of goals which staff may use to prepare the first draft of the 1989 Budget. Staff proposes to not add any new programs and/or services to the 1989 Budget; but to continue to maintain existing programs and services. Staff believes that present programs and services cannot be maintained with existing personnel. It is, therefore, proposed that serious consideration be given to the hiring of an additional police officer and a maintenance worker. Presently, the vacation time that police officers are entitled to results in the loss of services of approximately one officer. The types of calls received are chose which demand more of the responding officer's time. Staff feels that the Police Depart- ment needs another officer to maintain existing levels of service. The Public Works Department has experienced difficulties in maintaining present services. As a consequence, many maintenance activities have either been postponed or pushed back. Staff recommends seriouc consideration be given to hiring an additional maintenance person in 1989. Recent news reports indicate a concern on the part of economists that our economy may see another round of inflation in the near future. First quarter figures show an annualized rate of inflation of 3.7%. The Federal Reserve reacted by increasing interest rates in hopes of slowing inflation. Release of second quarter data in August will give an indication of whether the first quarter's data was the beginning of an inflationary trend or an event which is confined to the first quarter. Staff recommends budgeting an overall salary increase of 5%. This will allow for a cost of living increase plus merit increases. An adjustment can be made should second quarter data on the economy warrant a change. Costs of health insurance have increased dramatically in 1988. Pr=miums for Group Health Plan increased approximately 15%. Renewal rates for the LMCIT health plan have not been received I yet. Preliminary information received from LMCIT indicate a probably increase of 15% to 211. Staff will prepare an analysis of the costs of health insurance and the City's cnnt-ihution towards the premiums over the past 5-7 years in the near future. MAYOR AND CITY COUNCIL JUNE 2, 1988 PAGE TWO et an Staff recommends that for the first draftCity'Of ontribution be used. City increase of 515.00 per month in the 1989 Budget act on the An issue which will Ramsey takeoverfrom is whether the City should taeWorks report to contract with hand astaff County or continue willlpresent this issue in depth will be analyzing during the budget process. to you will be following Department has indicated that they the Parks The Parks the five year Parks Capital ImprovementPlan Planpserecommenda- Commission during the budget p the Long -Term Financial Plan. incorporated into tions have been approximately will continue tfrom ilver the Sget The Public Works Department Lake $100,000 for street maintenance w-enith money will be Woods Project. This completionnare andof thiseyearEstappmaintenance rainte of the determined up condition of City streets. Staff is proposing a vehicle and equipment replacement schedule be budgeted annually be adopted. Money for replacements would and frIm whiclyrewould ment vbelhigh and placed in a specialfund costs be of equipment would purchased.""playing catch-up" on older pieces would be Y g would decrease as because we oars costs s equipment and vehicles. Subsequent y A separate memorandum addresses this older items were replaced. issue in dettil• f science, stafcies- Since budnati.ng is an art and not a precise Past be budgeted for ccntappropriate Staff proposes an amount amount. suggests that $`used f is rn appropriate of the first draft for experience preparation recommends thie amount be used of the budget. "gazed prices and also Staff has reviewed data on future energy fol:o,+ing prices are proposed to be into our crystal ball." The fuels and electricity. used for budgeting $1.15/gallon Unleaded gasoline $1.10/gallon Leaded gasoline $1.15/gallon. Diesel Fuel $ 0.65/gallon Propane 58 over present rates Electricity 58 over present rates Natural gas which sseaff taff tmath wheieberpresentbudget ssionsto 9iscussdthem thesnext agendasueP realizes that y Y As was previously mentioned, Staff have been presented in this Y. have issues to discuss which may not obudget is to initiate discussions memorandum. StaEf's goal RtafEmaythen the19Bsetting of goalswhh issues which leadtto use in preparing DB/MJS MEMO TO: MAYOR AND CITY COUNCIL FROM: FINANCE DIRECTOR -TREASURER DATE: JUNE 2, 1988 SUBJECT: SALARY INCREASE FOR ACCOUNTING CLERK Kitty Hickok has completed three months of employment with the City and has received a rating of "Fully Satisfactory" on her Performance Review. When hired she was promised a salary increase of $025 per h_ur upon satisfactorily completing three months of service. RECOMMENDATION, r m ends that Accounting Clerk Kitty Hickok's salary be increased from $9.00 to $9.25 peL hour effective 5-16-88. DB/MJS cc: Mary Tatarek, Accountant �J V