HomeMy WebLinkAboutCC PACKET 10061998 Meeting Sheet
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106480
Box: 37
Folder: CC PACKETS 1998
Document: CC PACKET 10061998
CITY OF ST. ANTHONY
CITY COUNCIL WORK SESSION AGENDA
October 6, 1998
7:00 PM
Council Chambers
Page(s)
I. CALL TO ORDER.
ll. ROLL CALL.
III. PRESENTATION OF 1999 CITY BUDGET (December 7
and December 16 Council meetings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 6
IV. DISCUSS HENNEPIN COUNTY ROAD MAINTENANCE
AGREEMENT (October 13 Council meeting) . . . . . . . . . . . . . . . . . . . . . . . 7 - 13
V. DISCUSS CITY HALUCOMMUNITY CENTER USAGE
(October 13 Council meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 18
VI. REVIEW MPRS SETTLEMENT (October 13 Council meeting) . . . . . . . . . 19 - 23
VII. REVIEW PROPOSED SCHNITZER SETTLEMENT
(October 13 Council meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 - 25
VIII. REVIEW FUTURE AGENDA ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 - 28
IX. OTHER BUSINESS.
A. 1998 Planning Commissioners and Terms . . . . . . . . . . . . . . . . . . . . . . 29
X. ADJOURNMENT.
•
III. PRESENTATION OF 1999 CITY BUDGET.
•
r s
MEMORANDUM
DATE: August 10, 1998
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
ITEM: 1999 CITY BUDGET
Attached is the resolution for the City's 1999 tax levy and budget. The budget process began in
April with a meeting between the City Manager and the Department Heads. The budget is
intended to serve as a guide of what the City anticipates to spend, as well as the amount of
revenues we plan to receive.
The proposed total General Fund budget is $3,362,300. This compares to a 1998 General
Fund budget of$3,130,900, a 7.39% increase. As in previous years, Police, Fire, and Public
Works comprise the largest component of the 1999 budget.
• The budget requires a tax levy of$1,616,147 to support the general operations of the City for
1999. This compares to a levy of$1,566,737 for 1998, a 3.15% increase.
The 1999 streets levy for the City is $237,206. This compares to a streets levy of$174,089
for 1998. This will continue to increase as we continue our Street improvement projects.
The following represents changes to the 1999 budget:
1. Police. The police budget increased by $115,300 due to the hiring of two full time
officers and two CSO's (contingent on grant money for the CSO's). This increase in
expenditures is offset by $76,500 in revenue from the Federal Government. The net
cost of St. Anthony for 1999 is $38,800.
2. Fire. In 1997, the City Council approved a $6,000 payment to the Fire Relief
Association pension fund.
3. Capital Equipment. Revenues and expenditures are as follows:
Revenues:
Contract revenues $ 50,500
Annual budget levy $ 75,000
• Water and sewer transfer 10.50
TOTAL REVENUES $136,000
Expenditures:
Police:
2 squad cars $ 44,000
Build new squads $ 3,000
Radar replacement $ 5,000
Squad car equipment $ 5,000
AS 15 assault rifles 1.60
$ 58,600 -
Finance:
8,600 -Finance:
AS/400 mainframe upgrade $ 14,400
Public Works:
Utility van $ 21,000
Crack router/paint stripper $ 25,000
Hot box/TAC oil tank 17.00
$ 63,000
TOTAL $136,000
Funding for additional capital equipment purchases proposed in the 5 Year Capital Plan, such
as the $85,000 Public Works truck, has yet to be determined. These items may be moved
back. 1999 budget dollars may be designated to fund these purchases.
•
3
• 10/01/98
PROPOSED
CITY TAX RATE
Actual Preliminary Increase
1998 1999 (Decrease)
Total Levy $ 1,740,856 $ 1,853,353 $112,527
Fiscal Disparities Distribution ( 87,043) ( 93,295) $ 6,252
from Ramsey County.
Fiscal Disparities Distribution (192,657) (206,491) $ 13,834
from Hennepin County.
Local Levy $ 1,461,156 $ 1,553,567 $ 92,411
Divided by Total of Hennepin and $ 4,974,964 $ 4,821,673 * ($ 153,291)
Ramsey County Total Local Tax Capacity
Proposed Rate 29.372% 32.221% 2.849%
* There have been Class Rate Changes for Commercial, Apartments and Residential
Properties for collectible 1999 taxes which decreased the City's Total Tax Capacity
by $153,291.
**The estimated tax rate is based on current valuation estimates from Hennepin and
Ramsey Counties. Any reduction in Valuations, Fiscal Disparities, or Class Rates,
could change the City's total local levy or tax capacity which increases the total tax rate.
• 10/01/98
PROPOSED
CITY TAX RATE
Actual Pr Increase
1998 1999 (Decrease)
Total Levy $ 1,740,856 $ 1,85 ,357 $112,501
Fiscal Disparities Distn ution ( 87,043) 93,295) $ 6,252
from Ramsey County.
Fiscal Disparities Distributio (192,657) (206,491) $ 13,834
from Hennepin County.
Local Levy $ 1,461 56 $ 1,553,567 $ 92,411
Divided by Total of Hennepin and $4, 4,964 $4,821,673 * ($ 153,291)
Ramsey County Total Local Tax Capac
• Proposed Rate 29.372% 32.221% 2.849%
* There have been Class Rat h es for Commer ' , Apartments and Residential
Properties for collectible 99 taxes which decrease the City's Total Tax Capacity
by $153,291.
"The estimated tax r e is based on current valuation ates from Hennepin and
Ramsey Counties. Any reduction in Valuations, Fiscal ' parities, or Class Rates,
could change th ity's total local levy or tax capacity wlu increases the total tax rate.
3 Year of General Fund Levy (No Roads)
1996 $195459391
1997 $195309006 ($159385)
1998 $195669737 $361,731
1999 $196169147 $49,410
THREE YEAR AVERAGE $239585
•
5
1999 VALUATION = $118,000 *AVERAGE VALUATION
1998
Tax Capacity 1546
X 29.372%
City Taxes $ 454.09
1999
Tax Capacity 1481
X 32.221%
City Taxes $ 477.19
INCREASE $ 23.10
•
WHAT DO I GET FOR MY TAXES?
AVERAGE$118,000 HOME -
ESTIMATED ANNUAL CITY TAXES=$477.19 $477.19
EXPENDITURES 1997 TAX LEVY %OF TAXES
BUDGET EXPENDITURES BUDGET PAID
Mayor/Council $55,400.00 $41,147.00 2.55% $12.15
Public/Intergovernmental Relations $16,900.00 $12,552.00 0.78% $3.71
Cable Franshise $19,900.00 $0.00 0.00% $0.00
General Management $111,000.00 $82,443.00 5.10% $24.34
Elections $22,200.00 $16,489.00 1.02% $4.87
Finance,Insurance/Accounting $268,000.00 $166,051.00 10.27% $49.03
Finance,Assessing $35,000.00 $25,995.00 1.61% $7.68
Legal $59,800.00 $17,012.00 1.05% $5.02
Engineering,Planning/Zoning $8,800.00 $6,536.00 0.40% $1.93
City Building $96,000.00 $71,302.00 4.41% $21.05
Civil Defense $39,600.00 $29,412.00 1.82% $8.68
Police Protection $1,416,600.00 $305,322.00 18.89% $90.15
Fire Protection $478,400.00 $332,584.00 20.58% $98.20
Inspections,Building/Plumbing/Heating/Health $23,400.00 $0.00 0.00% $0.00
Animal Control $5,500.00 $4,085.00 0.25% $1.21
Public Works $408,200.00 $284,181.00 17.58% $83.91
Public Works,Maintenance/Repair Equipment $113,900.00 $84,597.00 5.23% $24.98
Tree and Weed Care $29,800.00 $22,133.00 1.37% $6.54
Pam $78,900.00 $58,601.00 3.63% $17.30
Transfers to Other Funds 575.000.00 $55.705.00 3.45% $16.45
GENERAL FUND TOTAL EXPENDITURES $3.362.300.00 $1.616.147.00 100.00% $477.19
DIRECT REVENUES:
Cable Franshise
L.M.C.Insurance Rebate
Municipal Court Fines
(Split between Legal&Police)
Falcon Heights/Lauderdale Contracts
Police State Aid
c t
•
IV. DISCUSS HENNEPIN COUNTY ROAD
MAINTENANCE AGREEMENT.
•
• Contract no. 5022M8
Agreement No. PW 43-10-98
City of St. Anthony
County of Hennepin
COUNTY ROAD MAINTENANCE AGREEMENT
AGREEMENT,Made and entered into this day of , 1997
by and between the County of Hennepin,a body politic and corporate under the laws of the State
of Minnesota, hereinafter referred to as the "County", and the City of St. Anthony, a body politic
and corporate under the laws of the State of Minnesota,hereinafter referred to as the "City".
WITNESSETH;
WHEREAS,Pursuant to Minnesota Statutes, Section 162.17, Subdivision 1, and 471.59,
the parties desire to enter into an agreement relating to the maintenance of County State Aid
Highways within and adjacent to the corporate limits of the City upon the terms and conditions
hereinafter set forth.
NOW,THEREFORE, The parties do agree as follows:
• I
The City will, during the term of this Agreement, maintain as hereinafter provided,those
portions of County State Aid Highways within and adjacent to the corporate limits of the City
listed as follows:
Mileage
Centerline Lane
CSAH 27 -between St. Anthony Boulevard and 37th Ave. N.E. 1.16 4.64
CSAH 136 -between CSAH 153 and 37th Avenue N.E. 1.25 3.82
CSAH 153 -between Stinson Boulevard and CSAH 136 0.53 2.12
2.94 10.58
CSAH 88 -between St. Anthony Blvd. and East County Line 0.70 2.80
H -
The maintenance to be performed by the City on CSAH's 27, 136 and 153, shall consist of
the following:
A) Keep the aforementioned County State Aid Highways from curb to curb reasonably
• free and clear of ice and snow, and undertake proper sanding or salting when
necessary.
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[ t
Contract No. 5022M8
• Agreement No. PW 43-10-98
B) Sweep, flush, and dispose of any debris from the aforementioned County State Aid
Highways during the calendar year as follows:
a. As soon as practicable after the spring snow melt,
b. Late spring period,
c. Mid-summer period, and
d. Late fall period.
C) Clean the center medians in conjunction with the spring cleanings described in
Paragraph °B°
The maintenance to be performed by the City on CSAH 88 shall consist of the following:
A) Mow the grassed areas of the aforementioned County State Aid Highway ten times
per year except for the deep ditches on the east side.
B) Sweep, flush,and dispose of any debris from the aforementioned County State Aid
Highways during the calendar year as follows:
a. As soon as practicable after the spring snow melt,
b. Late fall period.
• c. Plus up to two additional sweepings as necessary.
Hennepin County will provide arrowboard pickup with operator as needed. Contact
Brian Langseth(District Supervisor) at 745-7706 for scheduling.
C) Clean the center medians in conjunction with the spring cleanings described in
Paragraph"B".
The City will furnish all labor, equipment, materials, supplies,tools, and other items
necessary for the performance of all and any of the work provided for in this Agreement.
Ell
The County will pay the City for maintenance operations as specified herein for Calendar
Year 1999,the amounts set forth in the fee schedule as follows:
FEE SCHEDULE
Item Unit of Measure Quantify Unit Price Total Fee
Snow and Ice Control Lump Sum 1 $6,607.50(A) $6,607.50
Sweeping and Cleaning Sweepings 4(B) 687.50 2,750.00
Center Median Cleaning Lump Sum 1 200.00 200.00
Mowing Mowings 10 100.00 1,000.00
• TOTAL HENNEPIN COUNTY-FEE $10,557.50
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e
• Contract No. 5022M8
Agreement No. PW 43-10-98
A. If any of the highways or portions thereof covered by this Agreement are removed from the
County system during the term of this Agreement as provided by law,the County's annual
fee for snow and ice control shall be recomputed as follows:
$6,607.50 - 6,607.50 X A X B = Total annual Fee for Snow
2.94 5 and Ice Control;
Where: A. =Number of miles removed from County System.
B. =Number of winter months the mileage removal was in effect. (For the
purpose of this computation,winter months shall be construed to be the
period from January 1 to April 15 and from November 15 to December 31
of each calendar year giving a yearly total of five months.)
B. Estimated quantity consists of four sweepings as per Article II of this Agreement. The
County shall pay$687.50 for each time the sweeping and cleaning operation is performed.
Payments under this Agreement shall be made on a semi-annual basis, and as soon after
• the respective dates of April 30 and December 31 of each year as may be possible,upon
submission by the City to the County of a certificate approved by the County Department of
Public Works certifying that all work has been done during the period for which payment is to be
made, in full accordance with this Agreement.
This Agreement shall be in full force and effect for the Calendar Year 1999.
lV
It is further agreed that any and all employees of the City and all other persons engaged by
the City in the performance of any work or services required or provided herein to be performed
by the City shall not be considered employees of the County, and that any and all claims that may
or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of
the State of Minnesota on behalf of said employees while so engaged and any and all claims
made by any third parties as a consequence of any act or omission on the part of said employees
while so engaged on any of the work or services provided to be rendered herein shall in no way
be the obligation or responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the County in
the performance of any work or services required or provided for herein to be performed by the
County shall not be considered employees of the City, and that any and all claims that may or
might arise under the Worker's Compensation Act or the Unemployment Compensation Act of
• the State of Minnesota on behalf of said employees while so engaged and any and all claims
made by any third parties as a consequence of any act or omission on the part of said employees
-3-
Contract No. 5022M8
Agreement No. PW 43-10-98
while so engaged on any of the work or services provided to be rendered herein shall in no way
be the obligation or responsibility of the City.
V
If the City fails to perform any of the provisions of this Agreement or so fails to administer
the work as to endanger the performance of the Agreement,this shall constitute a default. Unless
the City's default is excused by Hennepin County, Hennepin County may upon written notice
immediately cancel this Agreement in its entirety.
Hennepin County's failure to insist upon strict performance of any provision or to exercise
any right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Such consent shall not constitute a general waiver or
relinquishment throughout the entire term of the Agreement.
VI
Upon failure of the City to perform any of the work named herein under the terms of this
• Agreement, Hennepin County may do and perform such work or cause it to be done and
performed, and may retain from any monies then due to the City under this Agreement, or
thereafter becoming due,any such amount as is required for the completion of such work,
provided however,that this paragraph shall not be construed to relinquish any right of action
which may accrue in behalf of the County as against the City for any breach of Agreement.
VII
The City shall not assign, subcontract, transfer, or pledge this contract and/or the services
to be performed hereunder without prior approval from Hennepin County.
VIII
It is understood that all persons working on such highways are employees of the City or its
contractors or agents and are in no way employed by the County, provided,however,that this
provision shall not apply to persons employed directly by the County, or by contractors other
than the City, engaged by the County. All contracts and agreements made by the City with third
parties for the performance of any work to be done under this Agreement shall be subject to the
terms of this Agreement and comply with all state laws and requirements relating to contracts for
the construction and maintenance of County State Aid Highways and that a clause to that effect
shall be inserted in all such Agreements.
• The City agrees to defend, indemnify, and hold harmless the County, its elected officials,
officers, agents,volunteers and employees from any liability, claims, causes of action,judgments,
-4-
e
• Contract No. 5022M8
Agreement No. PW 43-10-98
damages, losses, costs, or expenses, including reasonable attorney fees,resulting directly or
indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly
employed by them, and/or anyone for whose acts and/or omissions they may be liable for in the
performance of the services required by this Agreement, and against all loss by reason of the
failure of said City to perform fully, in any respect, all obligations under this Agreement.
The City also agrees that any contract let by the City for the performance of any of the
work included hereunder shall include clauses that will: 1) Require the contractor to indemnify
and hold the County, its commissioners, officers, agents and employees harmless from any
liability, claim, demand,judgments, expenses, action or cause of action of any kind or character
arising out acts or omissions of said contractor, its officers,employees, agents or subcontractors
and 2)Require the contractor to provide and maintain sufficient insurance so as to assure the
performance of its hold harmless obligations.
IX
The provisions of Minnesota Statute 181.59 and of any applicable local ordinance relating
to Civil Rights and discrimination and the affirmative action policy statement of Hennepin
• County shall be considered a part of this Agreement as though fully set forth herein.
X
The parties hereto agree that either party, the State Auditor, or any of their duly authorized
representatives at any time during normal business hours, and as often as they may reasonably
deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any
books, documents,papers,records, etc., which are pertinent to the accounting practices and
procedures of the parties and involve transactions relating to this Agreement.
XI
It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof. All items referred to in this Agreement are
incorporated or attached and are deemed to be part of this Agreement.
Any alternations,variations, modifications, or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing as an amendment to this Agreement
signed by the parties hereto.
•
-5- �i
iz
• Contract No. 5022M8
Agreement No. PW 43-10-98
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be
executed by their respective duly authorized officers as of the day and year first above written.
CITY OF ST.ANTHONY
(SEAL) By:
Mayor
Date:
And:
City Manager
Date:
COUNTY OF HENNEPIN
ATTEST:
® By: By:
Deputy/Clerk of the County Board Chair of its County Board
Date: Date:
APP D AS TO FO And:
Assistant/Deputy/County Administrator
By: Date:
istant C ey
Date: And:
Assistant County Administrator, Public Service
and County Engineer
Date:
APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL
By: By:
Assistant County Attorney Director, Transportation Department
Date: Date:
•
-6- l
13
DRAFT
CITY OF ST. ANTHONY
RESOLUTION 98-Ozz
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY
AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES
BE IT RESOLVED, that the Mayor and City Manager are authorized to sign the
Agreement between Hennepin County and the City of St. Anthony for road maintenance
services on behalf of the City of St. Anthony.
Adopted this day of , 1998.
Mayor
•
ATTEST:
City Clerk
Reviewed for administration:
City Manager
CERTIFICATION
I hereby certify that the foregoing resolution is a true and correct copy of a resolution
presented to and adopted by the City Council of the City of St. Anthony, Minnesota, on the 13
day of October, 1998, as disclosed by the records of said City Council in my possession.
City Clerk
•
V. DISCUSS CITY HALL/COMMUNITY CENTER USAGE.
f
. MEMORANDUM
Date: September 1, 1998
To: Mike Momson, City Manager
From: Judy Monson, Receptionist
Re: Gym and Multi-Purpose Rental
Recently I had a request from a non-resident to rent the gym for square dancing in
January 1999. Because of the priority given to Community Services and Sportsboosters I
was not able to book the gym that far in advance. The party requesting the gym had to
have definite dates set-up immediately.
However, it did raise the following questions:
1. Is the City going to rent the gym for dances? Resident&Non-resident?
2. Will security be required? Will parental security be sufficient?
3. Do I issue keys to non-residents for the weekend activities?
4. Is the City going to rent to private parties such as: wedding receptions,
showers, or birthday parties?
5. Will the same rates be in effect for private parties?Resident vs. Non-
resident?
6. Can alcohol be served at private parties?(3.2 beer/Wine)
7. Do I continue to rent on the priority system, Community Services,
Sportsboosters, Orchestra, and Quilters?
8. Do you want to approve any private parties using MP rooms.
9. Will the City allow companies or individuals to rent the MP rooms or
lobby area to sell merchandise such as: Avon, May Kay, Tupperware,
Crafters, Beanie Babies, etc.
15
Facility Fees for Private Party Usage
City Fees Hrs. Damage and
Security Deposits
Columbia Heights
Private Parties $675 noon- 1:00 a.m. DD$250; SD $100
Murzyn Hall
Please Note: Rental Fee to increase in 1999. City also offers 35% discount to bride/groom
if either one or their parent is a resident of Columbia Heights.
New Brighton
Private Parties(Resident) $600 To midnight DD$200 required if
(Non-Resident) $650 using Kitchen; 50%
For full Banquet Room required for room
reservation. DD $100
if not using Kitchen.
St.Anthony
See attached.
1
. FACILITY USAGE
COMMUNITY CENTER
CITY OF ST. ANTHONY
The Community Center belongs to the residents of St. Anthony. The meeting
rooms, the gymnasium and the facilities of the Community Center are the City of
St. Anthony's greatest assets. Providing groups and organizations an opportunity
to utilize these facilities is an important part of using our resources to the fullest.
The City of St. Anthony will be responsible for coordinating rental and scheduling
use of the Community Center facilities. Fees will be charged for using the facilities
when appropriate. These fees help to cover the cost of maintaining the facilities
that are beyond normal operating and maintenance costs. A schedule of fees and
when they will be charged is listed below.
Procedures
1 . Obtain a facility usage form from the City of St. Anthony by calling 789-
8881 or stopping by the City Hall, 3301 Silver Lake Road, St. Anthony.
2. File the application with the City as soon as possible to insure that the
facilities are available for your use on the date of your event. The scheduling
of all events are on a first come basis.
Theapplicant/organization a rees to assume all res responsibility for damage or
3• 9 P Y 9
liability of any kind and further agrees to hold the City or the School District
harmless from any liability and/or expense in connection with the use of the
Community Center facilities under this agreement. The City may require the
applicant/organization to furnish a certificate of insurance to guarantee the
conditions of this agreement or any liability incurred by it. Payment of any
fees is required when the application is filed with the City.
4. Cancellations must be made 72 hours in advance of the scheduled event.
Notices received later than 72 hours will be subject to 50% of the rental rate
as a cancellation fee.
5. The City of St. Anthony reserves the right to cancel any reservation should
the need arise. Cancellation would result if an emergency condition is
declared. Instances of an emergency might include the institution of state
energy conservation regulations, closure of the facilities due to the eminent
possibility of dangerous weather conditions or a public health threat, or the
immediate need for a public hearing. Should cancellations occur for the
above-stated reasons, the City would try to find other accommodations or
reschedule.
1 -7
Rules
. Mutual consideration and respect are needed in order to provide usage of the
Community Center. The following rules exist to protect these facilities that are
owned by the City and its residents. They will be adhered to when using these
facilities.
1 . Regularly scheduled and publically noticed activities of the City shall have
first priority in the use of the Community Center facilities.
2. City equipment (i.e., chairs, tables, etc.) is available but must be requested
at the time of the application for use of the facilities. The appropriate fees
will be charged.
3. It is the renting organization's responsibility to clean up the facility being
used. There will be additional charges for take down and clean up if the
renting organization does not fulfill their obligations in returning the room to
its original order.
4. All activities must be supervised by an adult, (21 years or older). Applicants
must supply additional special supervision that they require, i.e., police
protection, parking lot attendants.
5. The renter is liable for personal injury or property damage.
6. Soft-soled shoes will be worn on the gymnasium floor.
7. Decorations must be fireproof. Putting materials on the floors, walls or other
structures of the building must be reviewed with City Staff and listed on the
application.
8. Facility usage permits shall be cancelled for just cause.
9. To assist you with any problems with the facilities when there is no City or
janitorial staff available, please call the St. Anthony Police non-emergency
number (525-6215) and request an officer to meet you at City Hall. For your
convenience, a pay phone is located in the main hall near the restrooms.
Rental Fees
Applicants/Organizations desiring the use of the facilities are classified into the
following categories:
Class A: School organizations, community groups or not for profit individuals
providing services or activities for the youth of I.S.D. #282, non-profit community
groups and local civic organizations (i.e., Chamber of Commerce, Kiwanis, Scouts,
. Orchestra). Certain circumstances may require fees.
' I8'
Class B: Political groups and religious/church organizations. School
organizations other than SANB I.S.D. #282, community groups or not for profit
individuals providing service for activities for non-resident youth, non-profit
comminity groups and local civic organizations that are not located in St. Anthony.
Class C: Commercial and business organizations. Community Services
andSchool activities are paid for with the lease between the City and the School
District, therefore, there will be no charge for their activities under Class A. New
uses may be subject to new charges, depending on operating and maintenance
costs of the new uses. The Sports Boosters charge for janitorial services is made
up with their $10,000 contribution.
Council Chambers
Class Fee
A $15.00/Hour
B $35/Hour*
C $100/Hour
Gymnasium
Class Fee
A $25.00 Maintenance Fee (4 hrs. of
useage)
B $30.00/Hour
C $50.00/Hour
Kitchen
Class Fee
A $15.00/Hour
B $20.00/Hour
C $30.00/Hour
Community Meeting Rooms
Class Fee
A No Charge
B $10.00/Hour
C $20.00/Hour
Additional Personnel
The need for additional personnel will be determined by the City at the time of the
permit application. *No extra charge will be made for custodians at times when
they are regularly on duty.
Custodial $31 .00/0 .5)Hour
$41 .00/(double-time)Hour
49 $51 .00/Hour Holiday Pay
•
VI. REVIEW MPRS SETTLEMENT.
•
•
470 Pillsbury Center
Kennedy 200 South Sixth Street
Minneapolis MN 55402
(612)337-9300 telephone
(612)337-9310 fax
C H A R T E R E D e-mail:attys@kcrmcdy-graven.com
CHARLES L. LEFEVERE
Attorney at Law
(612)337-9215
cleFevere@kennedy-graven.com
MEMORANDUM
CONFIDENTIAL: ATTORNEY-CLIENT PRIVILEGED MATERIAL
TO: City Managers of Defendant Cities
FROM: Charles L. LeFevere (2_,522'�
DATE: September 18, 1998
RE: Starks and Fields v. MPRS, et al.
. As you may recall, the above referenced case was remanded (returned) to the District Court for
reconsideration of the District Court's original attorneys fees award. The District Court made a
substantial reduction to the award of attorney's fees to plaintiffs, but it also took the opportunity
to amend its order relating to police officer selection. The order formerly required on-going
reporting to the court and court oversight over any future use of the MPRS testing process. The
court has now amended the order to expand the court's reporting requirements and oversight to
ay written examination used for police officer selection. This places the defendant cities under
'the jurisdiction of the court with an ongoing requirement to provide some sort of report on
testing procedures for the next five years.
This new aspect of the court's order was of sufficient concern to the League of Minnesota Cities
Insurance Trust (LMCIT) that it agreed to challenge the amendment in an appeal to the Court of
Appeals. If an appeal is brought, and if it is successful, the cities will not be required to submit
any further reports to the court. However, if the appeal is not successful, reports will be
required. Such reporting will involve at least the burden and expense of record keeping and the
advice and assistance of legal counsel to prepare and submit the required reports to the court.
This case has been reassigned to a new judge (Judge Solum has retired) and it is not known what
reporting will be required by the court.
Any such reports will be submitted to the attorney for the plaintiffs, thereby exposing the cities
to possible costs for plaintiffs' attorney's fees and expert witness costs. If the court reviews the
. reports, and for some reason finds the testing activities of cities to be unlawful or questionable,
t
CLL-150285 I
MPI 10-2
20
the cities could be in the position of defending the new testing processes as they have had to
defend the MPRS testing process.
I have been discussing with the plaintiffs' attorney the possibility of reaching an agreement for a
complete settlement of this case so no further reporting to the court would be required, the
damages would be paid, and this case would finally be put to rest. We have been able to reduce
the plaintiffs' demand for such a settlement to $15,000 (plus the damages and attorneys fees,
which have already been awarded by the court). The average cost of this settlement per city
would be$417.
The MPRS executive committee has recommended this settlement to its members and to the
other defendant cities and has recommended that the $15,000 be spread among the defendants on
the basis of the formula that has been agreed to for other damages. Attached is a spreadsheet
showing the results of such an allocation of the additional $15,000 among the defendant cities.
Also attached is a draft resolution for consideration by your city council approving the proposed
settlement. We would appreciate it if you could present this to your city council at the earliest
opportunity.
This settlement, if approved by the cities, will be contingent upon final dismissal of the case. It
is possible that the District Court will decline to approve such a settlement, and we will be forced
to proceed with the appeal. However, both the attorney for the plaintiffs and I believe it is highly
likely that, if both parties agree, a dismissal will be approved by the court.
I believe that the cities have a good chance of succeeding in the appeal of this case. However,
success is not certain, and if the appeal is unsuccessful, the cost of further proceedings in District
Court, together with the commitment of city staff resources necessary to submit necessary
reports, would quickly exceed the amount proposed as a settlement.
Plaintiffs' attorney stated that this proposed settlement is acceptable only for the very near term
future. In fact, he originally stated that it would have to be accepted by September 18, 1998. I
informed him that the proposal would be submitted to the cities but that approval by all 36 cities
by that date would not be possible. Nevertheless, I believe that it is important that the cities act
as promptly as possible on this proposed settlement. If you have any questions or comments,
please feel free to give me a call at(612) 337-9215.
Please advise me as soon as possible about your city council's decision.
cc: Mr. Larry Thompson
Mr. Cliff Greene
Ms. Dayle Nolan
Mr. Tom Barrett
Mr. Kevin Rupp
T
CLL-150285 2
MP 110-2
zi
CITY OF ST. ANTHONY
RESOLUTION 98-072
A RESOLUTION APPROVING SETTLEMENT AND
AUTHORIZING PAYMENT THEREOF
BE IT RESOLVED by the City Council of the city of St. Anthony, Minnesota, as follows:
Section 1. Background.
1.1 The City of St. Anthony (hereinafter referred to as the "City") is a defendant in
the cases of Starks v. Minneapolis Police Recruitment System, et al.; Hennepin
County District Court File No. EM93-219, and Fields v. Minnesota Police
Recruitment System, et al.; District Court File No. EM93-218.
1.2 The Court has concluded in said actions that the defendants violated Minnesota
Statutes, Chapter 363, the Minnesota Human Rights Act, in the administration
of the Minnesota Police Recruitment System (MFRS) testing process for entry
level police officers employment screening and that defendants are obligated to
pay certain damages and penalties.
1.3 The City has previously approved a formula for the allocation of costs and
damages among the defendants.
1.4 The order of the Court also requires ongoing reporting to the Court of
information about all written tests used by the City for police officer selection
until January 1, 2004.
1.5 The Council has been presented with a proposal for settlement of these cases
under which the defendant cities would collectively pay the sum of Fifteen
Thousand Dollars ($15,000) in addition to damages, costs, and fees previously
awarded by the Court if Counsel for plaintiffs and defendant are successful in
securing a complete dismissal of the cases.
1.6 The Council has determined that it is in the public interest to settle the cases to
avoid the administrative burden, commitment of staff resources, attorneys' fees
and costs associated with ongoing reporting to the Court.
1.7 The MPRS has proposed that payment of the settlement be allocated among the
defendant cities in accordance with Attachment One to this Resolution, which
allocation is the same as that used for costs and damages previously awarded by
the Court, and which allocation the Council finds to be fair and reasonable.
22
Resolution 98-027
Page 2
Section 2. Approvals and Authorizations
2.1 Settlement of the cases for the total payment of Fifteen Thousand Dollars
($15,000) plus damages, costs and fees previously awarded by the Court is
approved, contingent upon first securing from the Court a total dismissal of the
case with prejudice.
2.2 The City consents and agrees to payment of its share of such settlement in
accordance with the allocation set forth in Attachment One.
2.3 The City Mayor and Manager are authorized and directed to make payment for
the City's share of such settlement upon notification from legal counsel that final
settlement has been reached and dismissal has been secured.
2.4 This resolution does not amend any previous agreement among the defendant
cities for allocation of damages, costs, disbursements, plaintiffs' attorneys fees,
defense costs and defendants' attorneys fees.
Adopted this day of , 1998.
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
t r
23
. APPORTIONMENT OF
PROPOSED SETTLEMENT
Community x$15+000
Anoka 2.20% S 330.00
Apple Valley 4.1S 622.50
Blaine 4.38 657.00
Bloomington 8.71 1,306.50
Brooklyn Center 3.23 484.50
Brooklyn Park 6.01 901.50
Chaska 1.78 267.00
Columbia Heights (inc. Hilltop) 2.41 361.50
Coon Rapids 6.07 910.50
Cottage Grove 2.97 445.50
Crystal 2.79 418.50
Faribault 2.29 343.50
Fridley 3.21 481.50
Golden Valley 2.53 379.50
Hastings 2.07 310.50
Inver Grove Heights 2.84 426.00
Mendota Heights (inc. Lilydale
and Mendota) 1.61 241.50
New Brighton 2.66 399.00
New Hope 2.60 390.00
New Um 1.82 273.00
North St. Paul 1.75 262.50
Oakdale 2.64 396.00
Orono (inc. Long Lake, Mtka.
Beach and Spring Park) 1.65 247.50
Plymouth 5.73. 859.50
Prior Lake 1.69 253.50
Ramsey 1.R R 282.00
Redwood Falls 1.02 153.00
Robbinsdale 1.91 286.50
Rosemount 1.54 231.00
Roseville (inc. Falcon -
Heights and Lauderdale) 4.31 646.50
St. Anthony 1.31 196.50
St. James 0.97 145.50
Savage 1.77 265.50
Shakopee 1.75 262.50
Wayzata 0.92 138.00
Woodbury 2.9.8 447.00
ATTACHMENT ONE
VII. REVIEW PROPOSED SCHNITZER SETTLEMENT.
• 24
STAFF REPORT
DATE: September 14, 1998
TO: Michael J. Mornson, City Manager
FROM: Kim Moore-Sykes, Management Assistant �V6
ITEM: Schnitzer Site Tentative Settlement Proposal
The University of Minnesota and the cities of Minneapolis and St. Paul have tentatively
accepted the Schnitzer Site Group's mediated offer of$1 million to settle this case. St.
Anthony's share of this settlement amount will be approximately $30,100, plus a pro-rated
portion of the mediation costs and related attorney's fees.
This amount represents a greatly reduces liability for the City. Originally, St. Anthony's
portion of the clean-up costs was estimated to be approximately $97,000 before attorney's fees.
As you recall in May, we received an offer to settle from the University and the Cities
whereby, St. Anthony would be able to walk away if we broke with the Group and agreed to
pay $55,786. If the City had accepted this premature settlement offer, there would have been
no assurance of future peace from potential future problems with this site. The language of
this agreement concerned the City's attorney and he advised to continue with the Group.
Despite the University's enticing offer and the fact that the City of Shoreview ultimately settled
with the University and the Cites, the prevailing attitude of the Council was to continue with
the Group.
While there still remains an opinion among Group members that as a Group we should no be
liable for any of the clean-up costs associated with the Schnitzer site, the mediator advised that
regardless of the strength of the case we have or think we have, at best there is only about a
15% chance of prevailing in a court of law. He suggested that we would probably pay more in
legal costs to prove our point than if the Group settled with the University and the Cities. He
also suggested that the $5.3 million demand submitted by the University and the Cities was
excessive. During mediation, it was determined that $1.1 million of this demand included
costs that were associated with the redevelopment of the site and thereby deemed
unrecoverable from the Schnitzer Group. Other costs were negotiated out until both sides
agreed upon the $1 million figure.
As a Group, we also have to settle with the Minnesota Pollution Control Agency for $67,000
in adminstrat8ive costs they have assessed against the Schnitzer Group. I called Joe
Maternowski this morning to find out if he or Mr. Henderson had received a response from the
MPCA for this assessment or from the University regarding the settlement agreement. Mr.
Maternowski indicated that Mr. Henderson has been trying to contact both agencies today, but
has not gotten through to anyone.
2
CITY OF ST. ANTHONY
RESOLUTION 98-Oyy
A RESOLUTION APPROVING SETTLEMENT
AND AUTHORIZING PAYMENT THEREOF
WHEREAS, the City of St. Anthony is one of the so called "Schnitzer Site Group". Said
Group was formed when the University of Minnesota and the Cities of
Minneapolis and St. Paul brought suit against a group of cities who utilized the
Schnitizer site for the dumping of hazardous materials/waste; and
WHEREAS, the complainants have tentatively accepted the Schnitzer Site Group's offer of$1
million to settle the case; and
WHEREAS, the City of St. Anthony's portion of the settlement will be approximately
$30,100, plus a pro-rated portion of the mediation costs, attorney's fees, and
administrative cost of the Minnesota Pollution Control Agency.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby consents and agrees to payment of its share of such settlement and the above costs
related to the suit.
Adopted this day of , 1998.
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
•
VIII. REVIEW FUTURE AGENDA ITEMS.
. T eptem�ie� r�9?9
Meeting Date Meeting Type Item/Issue
October 13 Regular Public hearings: Public hearing on Silver Point Park and
Central Park projects
New Business:
*Res., re: Award Silver Point and Central Parks bid
*Res:, re: Hennepin County road maintenance agreement
*Res., re: Approve Schnitzer settlement
*Res., re: Approve MPRS settlement
*Res., re: Call for public hearing to adopt comprehensive
plan
*Res., re: Amend City Hall/Community Center Usage
policy
October 27 Regular Deck variance
November 4 Work Session Review stormwater ordinance and set date for 1" reading
OPUS - update on Apache
Discussion of water quality task force for Silver Lake
Comprehensive Plan review
Review street lighting policy
Discussion of public works building and fire station
facility
Discussion of code enforcement with Fire Chief
Review ordinance amendment on political signs
Discuss TIF amendment to budget
40
1
A q
Thursday Joint Work Planning Commission and Dick Krier, re: St. Anthony
November 5 Session Shopping Center
6:30-9 PM
November 10 Regular Approve plans and specs and authorize advertising for bids
for 1999 street improvements
Public hearing on Comprehensive Plan
November 24 Regular Planning Commission -
Parks Commission -
December 1 Work Session
it
December 7 Regular Truth in Taxation hearing
December 16 Regular Resolution approving 1999 budget and tax levy
Parks Commission and Planning Commission reports will
be presented at the 2nd meeting in January
•
IX. OTHER BUSINESS.
A. 1998 Planning Commissioners and Terms.
•
1
1998 PLANNING COMMISSION MEMBERS & TERMS z c/
Name Term End Date
George Thompson 12/31/98
. 3015 - 39' Avenue N.E.
St. Anthony, MN 55421
789-1501
James Gondorchin 12/31/99
3415 Maplewood
St. Anthony, MN 55418
788-0172
E-Mail: iimgond0frmail.frco.com
Bus: 828-8251
Fax: 828-3623
Richard Horst 12/31/99
3509 Belden Drive
St. Anthony, MN 55418
781-5938
Coast to Coast Hardware Store
E-Mail: rhorst(aisd.net
Bus: 781-1201
Fax: 781-2479
iDouglas Bergstrom, Chair 12/31/00
3620 Edward Street
St. Anthony, MN 55418
789-1498
Northern Environmental
E-Mail: netinb2Cavisi.com
Bus: 635-9100
Fax: 635-0643
Web Site: ww.northern-env.com
Christopher Makowske 12/31/00
2919 Rankin Road
St. Anthony, MN 55418
781-1163
Bus: 224-6413, ext. 2
*K' 789- 33yY
John Delmonico 12/31/98 -
2500 -27`h Avenue NE
St. Anthony, MN 55418
782-0065
Anthony Kaczor 12/31/00
3008 - 33rd Avenue NE
St. Anthony, MN 55418
782-6917
Peoples Electric
Bus: 227-7711
1 CITY OF ST. ANTHONY
2 BUDGET PLANNING WORKSESSION MINUTES
3 August 5, 1998
6:00 p.m.
5
6
7 I. CALL TO ORDER.
8 Meeting called to order at 6:02 p.m.
9
10 H. ROLL CALL.
11 Councilmembers Present: Ranallo, Marks, Faust, Cavanaugh, and Thuesen.
12 Councilmembers Absent: None.
13 Also Present: Michael Mornson, City Manager; Kim Moore-Sykes, Management Assistant;
14 Dick Engstrom, Police Chief; Dick Johnson, Fire Chief; Roger Larson, Finance Director; Jay
15 Hartman, Public Works; and Mike Larson, Liquor Operations Manager.
16
17 III. REVIEW BUDGET HIGHLIGHTS WITH STAFF FOR 1999 BUDGET AND LEVY.
18 The Mayor briefly described the reason for this evening's meeting and the budgeting process.
19 He also described the process for setting the City's levy.
20
21 The City Manager reviewed the overall levy process to fund the City's next year's budget. He
22 listed key dates to the budget calendar. He reported September 8t° as the fist City Council
23 meeting in which the tax levy can be approved; October 6'b is scheduled as the budget
24 worksession with Staff; and December 9' and 12'' are available for Truth in Taxation
�5 meetings. The,City Manager indicated that the levy will be set at the September 8' meeting.
6 The City Manager also responded that all budget meetings will be posted in the City's legal
27 newspaper for public input.
28
29 The City Manager reported that the proposed budget will be discussed with Staff at the October
30 6' worksession. He indicated that the proposed dates for the Truth in Taxation meetings are
31 December 9' and December 16'. These dates will be discussed also at the September 8'
32 meeting.
33
34 Roger Larson, Finance Director, reported on the levy limits for 1999. He indicated that the
35 numbers that he received are preliminary. He indicated that the City may see an increase of
36 6.46% in the total 1999 levy, including roads.
37
38 The Council reviewed the proposed 1999 budget worksheet draft.
39
40 IV. OTHER BUSINESS.
41
42 1. Discussion of proposal for Land Acquisition. The City Manager review a letter he
43 received from Evergreen Land Services outlining information on acquiring land and
44 relocation services. He also reported on the response to the City's offer from the
45 property owners at 2709 Pahl Avenue. The Council discussed the proposal and agreed
06 to follow policy that offered the higher of the two appraisal quotes.
7
---z
1 The City Manager indicated that he will discuss the offer with the property owners.
2
3 2. Discussion of Proposal for Redevelopment of St. Anthony ShoppingCenter. The City
4 Manager reported that Krause/Anderson is in the process of negotiating a contract with'
5 an office supply store that is proposing to go into the old Town & Country store
6 building.
7
8 He also reported that there is also a proposal for a convenience store to be located at the
9 south end of the to shopping center. The City Manager indicated that if these projects
10 proceed, contracting with a planner may be premature.
11
12 3. Discuss National League of Cities Annual Conference. The City Manager reported that
13 the NLC Annual Conference is in Kansas City this year and indicated that this
14 conference is very beneficial to those who attend. He reported that in previous years,
15 the City has sent two councilmembers. Councilmember indicated that he would be
16 interested in attending.
17
18 4. City Manager Report.
19 a. Cottonwood Trees. The City Manager reported that he has received a request
20 from a resident to remove the neighbor's cottonwood trees. He responded that
21 the City could not remove them unless they were diseased.
22
23 b. Status on Goals Set at Goal Setting Retreat. The City Manager reported that
24 information on the construction of a Public Works Garage and a Fire Station are
25 remaining to do from that list. The Council directed him to get preliminary cos
26 figures.
27
28 5. Council Report.
29 a. Councilmember Faust indicated that he would like to have Council liaisons to
30 the Planning Commission and the Parks Commission. He suggested that on a
31 rotating basis that Councilmembers sit in on these meetings quarterly.
32
33 b. Councilmember Cavanaugh reported that he was given a petition with 30
34 signatures from residents living near Sroga's Automotive Services Center to shut
35 down their business operations. He indicated that the residents do not like to
36 noise from the trucks and auctions.
37
38
39 V. ADJOURNMENT.
40 The City Council budget worksession meeting adjourned at 8:45 p.m.
41
42 Respectfully Submitted by,
43
44
45
46 Kim Moore-Sykes
47 Management Assistant •
2
I