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2009.02.03 Council Meeting Packet• MEETING SCHEDULE ON FEBRUARY 3, 2009 a) 6:00 — 6:40 p.m. EDA Work Session in Conference Room A b) 6:45 — 6:55 p.m. EDA Meeting in the Council Chambers c) 7:00 p.m. Regular City Council Meeting in the Council Chambers d) After the Council Meeting Council Work Session in Conference Room A to discuss: Budget update and reduction strategies/options r-1 TeT �kv -I ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYST a WORK SESSION a TUESDAY, FEBRUARY 3,2009 6:00 PM CRYSTAL CITY HALL CONFERENCE ROOM A 1. Call to order 2. Roll call 3. Continue discussion of alternatives for expenditure of available increment in TIF District #1 (2150)* 4. Other business 5. Adjournment * Materials attached 01/30/09 G:\EDA\Agendas\2009\02-03 ws.doc urviiii (CRYSTAL DATE: January 29, 2009 M e m o r a n d u m TO: Anne Norris, EDA Executive Director (for 2/3/09 EDA work session) FROM: Patrick A. Peters, EDA Deputy Executive Director SUBJECT: Options for use of available increment funds, TIF #1 (2150) The EDA will continue its discussion of the various options for expending or obligating the available increment funds in TIF #1 (2150) during 2009. The unspent, unobligated increment available is approximately $4.1 million. To assist with the discussion, staff is providing the attached matrix that identifies projects that could be funded with the available funds. The discussion will necessarily encompass consideration of EDA redevelopment priorities and programs and city priorities and obligations. Please bring the property spreadsheet and aerial photos that were distributed at the January 20 work session. 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C) (L (L ILI (L uj a) 0 -j E a) c a)In E a) I (n E c .0 O :'=0 0- 4-- c a) > w Z O :3 > �o a) a) orf CF) 0 cn M LL0 u 0 co (D -0 ca C: 0 U .0 a) - U) a) U) :3 in :3 0 a) a) a) E a cr C.) co cn 0 -01 a) a) o 75 co 0) a) m CD > a) a) 0 < ca. U) 0 C� I A I I LL 1 co 0 U) 1 yKAM ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYST e REGULAR MEETING 9 TUESDAY, FEBRUARY 3,2009 6:45 PM CRYSTAL CITY HALL • CHAMBERS 1. Call to order 2. Roll call 3. Approval of minutes from January 20, 2009 work session and special meeting 4. Consider a house plan submitted by Avery Homes for a new house to be built at 5747 Oregon Court North * 5. Consider resolution refinancing internal loans between TIF districts 6. Other business 7. Adjournment * Materials attached 01/30/09 GAEDA\Agendas\2009\02-03.doc Minutes of the Crystal Economic Development Authority Special Meeting January 20, 2009 President Hoffinann called the special meeting of the Crystal Economic Development Authority to order at 8:15 p.m. Upon call of the roll, the following members were present: David Anderson, ReNae Bowman, Garry Grimes, Mark Hoffmann, Janet Moore, Laurie Ann Moore and Joe Selton. The following staff members were present: Anne Norris, Executive Director; Patrick Peters, Community Development Director; and Mike Norton, City Attorney. Motion by Commissioner Bowman and seconded by Commissioner Anderson to approve the minutes from the January 6, 2009 work session and annual meeting. Motion carried. The EDA considered Supplemental Agreements to the Purchase & Redevelopment Agreements for vacant lots at 5741 and 5747 Oregon Court North. Motion by Commissioner Laurie Moore and seconded by Commissioner Grimes to authorize the execution of Supplemental Agreements between the EDA and Avery Homes transferring responsibility for compliance with the original Purchase & Redevelopment Agreement from Covenant Builders to Avery Homes for 5741 and 5747 Oregon Court North. Motion carried. The EDA considered a Resolution authorizing Executive Director Anne Norris to sign documents relating to the previously -authorized purchase of 3440 Regent, 5700 Regent, 5708 Elmhurst and 5215 Georgia. Motion by Commissioner Anderson and seconded by Commissioner Grimes to adopt Resolution 2009-03 authorizing the executive director to sign documents relating to the previously - authorized purchase of real properties at 3440 Regent, 5700 Regent, 5708 Elmhurst and 5215 Georgia. Motion carried. Motion by Commissioner Janet Moore and seconded by President Hoffinann to adjourn the special meeting. Motion carried. The meeting adjourned at 8:20 p.m. Mark Hoffmann, President ATTEST: Garry Grimes, Secretary Minutes of the Crystal Economic Development Authority Work Session January 20, 2009 President Hoffinann called the work session of the Crystal Economic Development Authority to order at 9:20 p.m. Upon call of the roll, the following members were present: Mark Hoffinann, David Anderson, ReNae Bowman, Garry Grimes, Janet Moore, Laurie Moore and Joe Selton. The following staff members were present: Anne Norris, Executive Director; Patrick Peters, Community Development Director; and Mike Norton, Attorney. The EDA discussed the alternatives for expenditure of available increment in TIF District #1 (2150). The work session adjourned at 9:47 p.m. Mark Hoffinann, President ATTEST: Garry Grimes, Secretary AF- -71 1 1 & EDA STAFF REPORT . -I �CIITFf IL 1 tRys"L 5747 Oregon Ct - New • Plan FROM: John Sutter, City Plan ner/Assistant Community Development Director Cs DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director �J DATE: January 29, 2009 TO: Anne Norris, City Manager (for February 3, 2009 EDA meeting) SUBJECT: Consider a new house plan submitted by Avery Homes for a new house to be built at 5747 Oregon Court North The EDA originally approved the sale of this lot to Covenant Builders based on the house plan attached as Exhibit A. It was to be a two story with 3 bedrooms, 2Y2 bathrooms, and 3,576 sq. ft. (2,056 finished). Covenant never started construction on the house and the lender Highland Bank foreclosed on the property. On January 23, 2009, Avery Homes purchased the lot after signing a Supplemental Agreement with the EDA whereby Avery takes on Covenant's responsibilities under the original Purchase & Redevelopment Agreement. Under the Supplemental Agreement, Avery has until October 31, 2009 to complete the new house, with the house plan to be reviewed and approved by the EDA prior to building permit submittal. Avery Homes has submitted their proposed plan for the house, which is attached as Exhibit B. It is a split foyer design with 3 bedrooms, 2 bathrooms, and a 3 car garage. It would total 2,936 sq. ft. (1,697 finished). There would be 1,359 finished sq. ft. on the upper level, 338 finished sq. ft. on another level above the garage, and 1,239 sq. ft. on the walkout lower level which could be finished in the future. Staff opinion is that the proposed house is highly appealing for a split foyer design because from the street it almost looks like a two story, due to the master bedroom level above the garage. It is important to remember that the EDA never specified two story houses or any other specific house style in the Thorson development; rather, market conditions and competition for the lots caused the builders to propose two story houses when preparing their original submittals in 2006. Also, the potential for finishing the large walkout lower level means that the long term value of this house may end up being comparable to the two story houses in any case. Staff recommends that the EDA approve the attached house plan, with a condition that the builder add windows to the sides of the house subject to EDA staff approval. PAGE 1 OF 1 A-rl*-ZM9 A i 9' .� jz�r�r► � • j • 1,O - W. 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TIF District #3 has been making annual payments of principal and interest and is projected to be able to repay the loan by 2016. However, TIF District #1 expires at the end of 2009 and other arrangements need to be made. If nothing is done, the loan may become void with the expiration of TIF District #1. TIF District #3 might then need to be decertified since it would no longer have any obligations. TIF Internal Loans: We are proposing to have TIF District #2, Supervalue Site and TIF District #4, Lamplighter Apartments provide financing of the loan instead of TIF District #1. This would allow TIF District #3 to continue making payments through 2016 and fully repay the loan. The balance of the loan owed by TIF District #3 to TIF District #1 is $622,932 as of December 31, 2008. Refinancing would result in TIF District #3 receiving new loans of $200,000 from TIF District #2 and $422,932 from TIF District #4. This would allow TIF District #3 to repay $622,932 to TIF District #1. TIF District #1 would then be able to use its money on projects prior to its expiration date at the end of 2009. Conclusion: The EDA should consider the attached resolution. ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, MINNESOTA RESOLUTION NO. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, MINNESOTA (THE "AUTHORITY") AS FOLLOWS: Section 1. Background. 1.01. The Authority (or its predecessor, the Housing and Redevelopment Authority in and for the City of Crystal) and the City of Crystal ("City") established Tax Increment Financing District No. 1 ("TIF District No. 1 "), Tax Increment Financing District No. 2 (SuperValu Site) ("TIF District No. 2"), Tax Increment Financing District No. 3 (Suburban Site) ("TIF District No. 3"), and Tax Increment Financing District No. 4 (Lamplighter Apartments) ("TIF District No. 4"), all within Redevelopment Project No. 1 (the "Project"), and has adopted tax increment financing plans ("TIF Plans") for each of the TIF Districts pursuant to Minnesota Statutes, Sections 469.174 to 469.1799 (the "TIF Act"). 1.02. The Authority financed certain activities in TIF District No. 3 through an inter -fund loan (referred to as the "TIF 3 Loan") using funds from TIF District No. 1 to be repaid from tax increments generated within TIF District No. 3 together with interest at the average interest rate on City investments 1.03. In 2001 Laws, 1" Special Session, Chapter 5, Article 15, Section 21, the Minnesota legislature expressly authorized interfund loans that are paid with tax increments, and ratified such loans established prior to August 1, 2001 provided that (a) the interest rate on such loans paid after July 31, 2001 does not exceed the maximum rate specified in Section 469.178, subdivision 7 of the TIF Act, and (b) if there is no resolution or other document created contemporaneously with the loan, the maximum principal amount of the interfund loan may not exceed the largest negative cash balance that existed at any time in the fund that received the undocumented loan. 1.04. The original principal amount of the TIF 3 Loan was $1,094,571, which is no greater than the largest negative cash balance in the account for TIF District No. 3; and the interest rate charged on the TIF 3 Loan since August 1, 2001 has always been no greater than the maximum rate permitted under Section 469.178, subdivision 7. 1.05. The Authority has now determined that it is in the best interests of the Authority's financial management to refinance the outstanding principal amount of the TIF 3 Loan ($622,932) by pre -paying such amount with available funds from TIF District No. 2 and TIF District No. 4, such that future loan repayments will be made to the accounts for those two districts, as further described herein. Section 2. Terms of TIF 3 Loan. 2.01. On the date selected by the City Finance Director (the "Refinancing Date"), the Authority shall prepay the outstanding principal amount of the TIF 3 Loan by transferring $200,000 from TIF District No. 2 and $422,932 from TIF District No. 4 to the account for TIF District No. 1. The Authority shall repay the accounts for TIF District Nos. 2 and 4 in the respective principal amount of funds advanced, together with interest on the respective principal amounts advanced, accruing from the Refinancing Date, at the rate that is the greater of (a) the rate specified under Minnesota Statutes, Section 270C.40 or (b) the rate specified under Minnesota Statutes, Section 549.09. The effective rate for 2009 is 5 percent, subject to adjustment on each January 1 if the maximum statutory rate in any year during the TIF 3 Loan is higher or lower. 2.02. Principal and interest ("Payments") shall be paid semi-annually on each August 1 and February 1 ("Payment Dates"), commencing August 1, 2009 and continuing through the earlier of (a) the date the principal and accrued interest of the TIF 3 Loan is paid in full, or (b) the date of last receipt of tax increment from TIF District No. 3. Payments will be made in the amount and only to the extent of Available Tax Increment as hereinafter defined. Payments shall be applied first to accrued interest, and then to unpaid principal, in each case allocated to the respective accounts for TIF Districts 2 and 4. 2.03. Payments on the TIF 3 Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, all of the tax increment (as defined in the TIF Act) generated in the preceding six (6) months with respect to the property within TIF District No. 3 2.04. Payments on the TIF 3 Loan are subordinate to any outstanding or future bonds, notes or obligations issued to developers or third parties and secured in whole or in part with Available Tax Increment (unless otherwise specified in the relevant outstanding or future instrument), and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.05. The principal sum and all accrued interest payable under the TIF 3 Loan are pre- payable in whole or in part at any time by the Authority without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under the TIF 3 Loan. 2.06. The TIF 3 Loan is evidence of an internal borrowing by the Authority in accordance with 2001 :Laws, 1St Special Session, Chapter 5, Article 15, Section 21, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The TIF 3 Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the TIF 3 Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the TIF 3 Loan or other costs incident hereto. The Authority shall have no obligation to pay any principal 0 amount of the TIF 3 Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.07. The Authority may amend the terms of the TIF 3 Loan at any time by resolution of the Board, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. Adopted this 3rd day of February, 2009. Executive Director President 3 Crystal City Council Meeting Agenda & Schedule Preliminary Agenda February 3, 2009 7:00 P.M. Council Chambers I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE 11. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings in a single motion: a) The regular City Council Meeting from January 20, 2009; and b) Two Council work sessions from January 20, 2009. 111. CONSENT AGENDA The Council will consider the following items, which are routine and non -controversial in nature, in a single motion: Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; and 3. Concur with clarification of Fee Schedule regarding late rental license application fees. IV. PUBLIC HEARING 1. The Council will receive public comment for the 2008 Alleys and Driveways Construction Project #2008-6 and consider a resolution adopting the Assessment Roll. This is the hearing on the assessments for the 2008 alley project. Recommend approval of the Assessment Roll. Crystal City Council Meeting Agenda February 3, 2009 V. OPEN FORUM (Open forum is a time set aside for individuals to address the Council on items not on the regular agenda. Each person is allowed three minutes to speak and no item may be addressed more than 10 minutes. No Council action may be taken during open forum. The Council may place items brought before it during open forum on future meeting agendas and staff reports may be required.) V1. REGULAR AGENDA 1. The Council will consider the appointment of Meredith Torres -Walsh to the Human Rights Commission for a partial term expiring December 31, 2010. The Interview Committee recommends approval of Meredith Torres -Walsh to the Human Rights Commission. 2. The Council will consider the appointment of Emmanuel Chenoweth to the Human Rights Commission for a partial term expiring December 31, 2011. The Interview Committee recommends approval of Emmanuel Chenoweth to the Human Rights Commission. 3. The Council will consider the Second Reading of an ordinance amending City Code Section 515.49 Subdivision 4 1) 1) to allow fueling stations by Conditional Use Permit along 36th Avenue directly east of Trunk Highway 100. At its January 20 meeting, the Council approved the first reading of this ordinance establishing zoning appropriate for a fueling station, by conditional use permit, at Cub Foods on 36th Avenue. Recommend approval of the second reading of this ordinance. 4. The Council will consider a resolution authorizing accessibility by contractors for water meter replacement. Crystal is beginning the process of replacing water meters throughout the City. City Code language does not specifically authorize access by contractors to properties. This resolution authorizes contractors employed by the city for the meter replacement project to enter homes for this project. Recommend approval of the resolution. Page 2 of 4 Crystal City Council Meeting Agenda February 3, 2009 V1. REGULAR AGENDA continued 5. The Council will consider a resolution approving plans and specifications and ordering the Ad for Bids for Phase 10 Welcome Street Reconstruction - Project 2008-10. In order to keep this year's street reconstruction project on schedule, the plans and specifications need to be approved and bids need to be solicited. Recommend approval of the resolution. 6. The Council will consider a resolution authorizing the use of PIR to purchase previously -leased vehicles for Community Development Department. The leases for three of Community Development's vehicles for inspectors come due this year. The PIR includes replacement of these vehicles this year but it is more cost-effective to exercise the purchase option on the lease vehicles. By purchasing the existing vehicles, we estimate saving $27,000. Recommend approval of the resolution. 7. The Council will consider the IUOE, Local 49 (Public Works) 2009 Labor Agreement and Memorandum of Understanding Regarding Lead Person Position in the Parks Division. Local 49 (Public Works) are the only employees that have not settled for 2009 wages and insurance contribution. The proposed agreement provides for a 3% increase and insurance contributions, the same as other employee groups receive. Recommend approval of authorizing the Mayor and City Manager to execute the 2009 contract. 8. The Council will consider a resolution awarding contract for the Reservoir Leak Repair Project #2008-34. The middle tank of the Crystal reservoir has leaks and needs repair. This work is included in the Joint Water Commission's 2009 CIP, but the "host" community is responsible for getting the work completed. Six bids were received for this work; recommend approval of the resolution awarding this contract. Page 3 of 4 Crystal City Council Meeting Agenda February 3, 2009 VII. INFORMAL DISCUSSION AND ANNOUNCEMENTS a) A Legislative Breakfast will be held on Saturday, February 7 at 9:00 a.m. at Crystal City Hall. RSVP by Feb 4 at 763-531-1118. b) The City Council will hold a work session at 7:00 p.m. on Thursday, February 12 to discuss budget reduction strategies. c) Citizen Input Time will be held from 6:00-6:30 p.m. on February 17 in conference room A at City Hall. d) The next City Council Meeting will be at 7:00 p.m. on February 17 in the Council Chambers at City Hall. VIII. ADJOURNMENT IX. MEETING SCHEDULE ON FEBRUARY 3, 2009 a) 6:00 — 6:40 p.m. EDA Work Session in Conference Room A b) 6:45 — 6:55 p.m. EDA Meeting in the Council Chambers c) 7:00 p.m. Regular City Council Meeting in the Council Chambers d) After the Reg Council Meeting Council Work Session in Conference Room A to discuss: ® Budget update and reduction strategies/options Have a great weekend; see you Tuesday night! Page 4 of 4 Crystal City • • • February 3, 2009 11. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings in a single motion: a) The regular City Council Meeting from January 20, 2009; and b) Two Council work sessions from January 20, 2009. Crystal City Council Work Session Meeting minutes January 20, 2009 1746 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:32 p.m. on Tuesday, January 20, 2009 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. The Mayor called the work session to order. I. ATTENDANCE The city manager recorded the attendance with the following members: COUNCIL: Grimes, L. Moore, Selton, Anderson, Bowman, Hoffmann, and J. Moore STAFF: City Manager A. Norris OTHER: Gary Laurant II. AGENDA The Council and staff discussed the reappointment of Gary Laurant to the WMFRD Board for a two year term. Ill. ADJOURNMENT The work session adjourned at 6:58 p.m. ReNae J. Bowman, Mayor ATTEST: Anne L. Norris, City Manager GACounci Winutes2009\rn in 1 -20-08mbefore.doc -1746- Crystal City Council Meeting minutes January 20, 2009 1747 Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council was held on Tuesday, January 20, 2009 at 7:00 p.m., in the Council Chambers at 4141 Douglas Drive in Crystal Minnesota. I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor ReNae Bowman called the meeting to order. Upon roll call, the city clerk recorded the following attendance: COUNCIL: Anderson, Bowman, Hoffmann, Grimes, Selton, J. Moore, and L. Moore. STAFF: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, City Attorney M. Norton, Police Chief J. Banick, Community Development Director P. Peters, Finance Director C. Hansen, Code Enforcement/Zoning Administrator J. Zimmermann and City Clerk J. Lewis. Mayor Bowman led the Council and audience in the Pledge of Allegiance. 11. PROMOTIONAL POLICE CEREMONY Mayor ReNae Bowman and Police Chief John Banick conducted the promotional swearing-in ceremony for Deputy Police Chief Stephanie Fealy and Police Lieutenant Todd Gustafson. Ill. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings in a single motion: ® The regular City Council Meeting from January 6, 2009. Moved by Council Member Selton and seconded by Council Member J. Moore to approve the minutes of the following Council Meetings, with a correction to the recorded council attendance: ® The regular City Council Meeting from January 6, 2009. Motion carried. IV. CONSENT AGENDA The Council considered the following items, which are routine and non -controversial in nature, in a single motion: Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; UX... 1747 Crystal City Council Meeting minutes January 20, 2009 1748 IV. CONSENT AGENDA continued 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Adoption of Resolution 2009-09 amending the 2009 Fee Schedules (General and Utility); 4. Adoption of Resolution 2009-10 amending the 2008 EDA Budget for transfers to the TIF Funds; and 5. Adoption of Resolution 2009-11 approving Police Equipment Revolving Fund expenditure for the purchase of three, unmarked police vehicles. Moved by Council Member Anderson and seconded by Council Member Selton to approve the consent agenda. Motion carried. FA Eel a _l F10-1 tV "I I The following persons addressed the Council during open forum: ® Dan Karvonen, 6625 — 38th Ave N, discussed the intersection at Hampshire and 38th Ave, the accidents at this location, and the vehicle & home damage incurred by cars sliding through the stop sign. ® Mike Weinand, 6617 — 38th Ave N, discussed the intersection at Hampshire and 38th Ave, the accidents at this location, and the vehicle & home damage incurred by cars sliding through the stop sign. V1. REGULAR AGENDA 1. The Council considered the appointment of Troy Fiedler to the Planning Commission, representing Ward 4, for a partial term expiring December 31, 2010. Moved by Mayor Bowman and seconded by Council Member Selton to appoint Troy Fiedler to the Planning Commission, representing Ward 4, for a partial, three-year term expiring December 31, 2010. Voting aye: Hoffmann, Bowman, Anderson, Grimes, J. Moore, Selton, and L. Moore. Motion carried. 1748 Crystal City Council Meeting minutes January 20, 2009 1749 VI. REGULAR AGENDA CONTINUED 2. The Council considered a private kennel license application for property located at 5707 Brunswick Ave N, submitted by Mary Ennis. Ms. Ennis addressed the Council. No neighbors attended the meeting to address the issuance of this license. Moved by Council Member Hoffmann and seconded by Council Member Grimes to approve the private kennel license application for property located at 5707 Brunswick Ave N, submitted by Mary Ennis. Voting aye: Hoffmann, Bowman, Anderson, Grimes, J. Moore, Selton, and L. Moore. Motion carried. 3. The Council considered a resolution approving PIR Capital expenditure for the purchase of the Street Department Replacement Wood Chipper. Moved by Council Member Grimes and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 12 APPROVING PIR CAPITAL EXPENDITURE FOR THE PURCHASE OF THE STREET DEPARTMENT REPLACEMENT WOOD CHIPPER Voting aye: Hoffmann, Bowman, Anderson, Grimes, J. Moore, Selton, and L. Moore. Motion carried, resolution declared adopted. OX ... 1749 Crystal City Council Meeting minutes January 20, 2009 1750 VI. REGULAR AGENDA CONTINUED 4. The Council considered a resolution ordering the abatement of conditions creating a nuisance and hazardous property at 5728 Oregon Court North. Community Development Director P. Peters addressed the Council and answered questions. Moved by Council Member Grimes and seconded by Council Member Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 13 ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE AND HAZARDOUS PROPERTY AT 5728 OREGON COURT NORTH Voting aye: Hoffmann, Bowman, Anderson, Grimes, J. Moore, Selton, and L. Moore. Motion carried, resolution declared adopted. 5. The Council considered site and building plans for a duplex to be used as a supportive housing facility at 3249 Douglas Drive North (Living Works Ventures). Code Enforcement/Zoning Administrator J. Zimmermann addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Anderson to approve the site and building plans for a duplex to be used as a supportive housing facility at 3249 Douglas Drive North, as recommended by the Planning Commission at its meeting on January 12, 2009, and based on the findings of fact and subject to the conditions outlined in Section C of the Staff Report. Voting aye: Hoffmann, Bowman, Anderson, Grimes, J. Moore, Selton, and L. Moore. Motion carried. WC .. 6WI—.700Vin 1-2"9.d.� 1750 Crystal City Council Meeting minutes January 20, 2009 1751 VI. REGULAR AGENDA CONTINUED 6. The Council considered site and building plans for a second story addition to an existing office building at 5618 - 56th Ave North (Direct Exteriors). Code Enforcement/Zoning Administrator J. Zimmermann addressed the Council and answered questions. Moved by Council Member Hoffmann and seconded by Mayor Bowman to approve the site and building Plans for a second story addition to an existing office building at 5618 — 56t Ave N, as recommended by the Planning Commission at its meeting on January 12, 2009, and based on the findings of fact and subject to the conditions outlined in Section C of the Staff Report. Voting aye: Hoffmann, Bowman, Anderson, Grimes, J. Moore, Selton, and L. Moore. Motion carried. 7. The Council considered (a) the First Reading of an ordinance amending City Code Section 515.49 Subdivision 4 1) 1) to allow fueling stations by Conditional Use Permit along 36th Avenue directly east of Trunk Highway 100; and (b) a Conditional Use Permit for a fueling station at the northwest corner of property located at 5301 - 36th Avenue North (Cub Foods). Code Enforcement/Zoning Administrator J. Zimmermann addressed the Council and answered questions. Ann Thies of Supervalu Inc. and Thomas Radio (attorney for Supervalu Inc.) addressed the Council and answered questions. AWT IT, IMM Moved by Council Member Hoffmann and seconded by Council Member Grimes to adopt the following ordinance: ORDINANCE NO. 2009 - AN ORDINANCE AMENDING CITY CODE SECTION 515.49 SUBDIVISION 4 And further, that the second reading be held on February 3, 2009. Voting aye: Hoffmann, Bowman, Anderson, Grimes, J. Moore, Selton, and L. Moore. Motion carried. GAC ... RXII.-.2009,W-2-9.dn 1751 Crystal City Council Meeting minutes January 20, 2009 1752 VI. REGULAR AGENDA CONTINUED Conditional Use Permit Moved by Council Member Hoffmann and seconded by Mayor Bowman to approve the Conditional Use Permit for a fueling station at the northwest corner of property located at 5301 - 36th Avenue North (Supervalu Inc. d/b/a Cub Foods), as recommended by the Planning Commission at its meeting on January 12, 2009, and based on the findings of fact and subject to the conditions outlined in Section C of the Staff Report with one additional condition; 1) the undeveloped properties zoned R-1 must be properly screened from Cub Foods when developed. Voting aye: Hoffmann, Bowman, Anderson, Grimes, J. Moore, Selton, and L. Moore. Motion carried. V11. INFORMAL DISCUSSION AND ANNOUNCEMENTS a) The next City Council Meeting will be at 7:00 p.m. on February 3 in the Council Chambers at City Hall. b) A Legislative Breakfast will be held on Saturday, February 7 at 9:00 a.m. at Crystal City Hall. RSVP by Feb 4 at 763-531-1118. NflWTrATQF19�.0 il �11,1 1 Moved by Council Member J. Moore and seconded by Council Member Anderson to adjourn the meeting. Motion carried. The meeting adjourned at 8:12 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk 1752 Crystal City Council Second Work Session minutes January 20, 2009 1753 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 8:24 p.m. on Tuesday, January 20, 2009 in the Council Chambers at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. The Mayor called the work session to order. I. ATTENDANCE The city clerk recorded the attendance with the following members: COUNCIL: Grimes, L. Moore, Selton, Anderson, Bowman, Hoffmann, and J. Moore STAFF: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, City Attorney M. Norton, Community Development Director P. Peters, Police Chief J. Banick, and City Clerk J. Lewis OTHER: Hennepin County Senior Professional Engineer Brent Rusco AGENDA The Council and staff discussed the following agenda items: Bottineau Boulevard transitway with Hennepin County CDBG allocation and proposed expenditures Annual appreciation dinner for volunteers Civil penalties for businesses with failed compliance checks 111. ADJOURNMENT The work session adjourned at 9:20 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk G:\Council\Minutes2009\mlnl-20-08wsafter.doc -1753- Crystal City Council Meeting Packet February 3, 2009 Ill. CONSENT AGENDA The Council will consider the following items, which are routine and non- controversial in nature, in a single motion: Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; and 3. Concur with clarification of Fee Schedule regarding late rental license application fees. GAS INSTALLER Dependable Indoor Air 2619 Coon Rapids Blvd Coon Rapids, MN 55433 Ductworks Heating & AC LLC, 6108 Olson Memorial Hwy, Golden Valley, MN 55422 Knight Heating & A/C Inc 13535 891h Street NE Otsego, MN 55330 Marlowe's Refrig & Htg 6325 Bloomington Ave S Richfield, MN 55423 Marsh Heating & A/C Inc. 6248 Lakeland Ave N Brooklyn Park, MN 55428 Sharp Heating 7221 University Ave NE Fridley, MN 55432 Thermex Corp 3529 Raleigh Ave S Mpis, MN 55416 Total Comfort 4000 Winnetka Ave N New Hope, MN 55427 Weld & Sons Plumbing Co. 3410 Kilmer Lane Plymouth, MN 55441 PLUMBER Groth Sewer & Water 775 Tower Dr Hamel, MN 55340 Kal's Plumbing 12524 95th PIN MapleGrove, MN 55369 P & D Mechanical Contracting Co. 4629 41St Ave. N Robbinsdale, MN 55422 Plumb Right Corp. 1216 82°d Ave N Brooklyn Park, MN 55444 Preferred Plumbing 6400 High Point Trail Prior Lake, MN 55372 River City Sheet Metal, Inc 8290 Main St NE Fridley, MN 55432 Terry Overacker Plumbing 502 East Main St Anoka, MN 55303 Versant Plumbing 5601 331St Ave Cambridge, MN 55008 Weld & Sons Plumbing Co. 3410 Kilmer Lane Plymouth, MN 55441 REFUSE VEHICLE Garbage Man Inc 401 11th Ave S Hopkins, MN 55343 RENTAL — NEW 4651 Adair Ave N — Sandeep Dani (Conditional) 6912 Lombardy Ln — Francisco/Julia Alvarado 5631 Orchard Ave N — MN Twin Cities RE Investments (Conditional) 5627 Twin Lake Ter — Rick and Donna Madsen 6819 45th Ave - Derek Williams (Conditional) REN'T'AL — RENEWALS 5733 Adair Ave N —Nathan Varhol (Conditional) 4321 Colorado Ave N — James/Alice Baker 5930 Elmhurst Ave N — Wayne/Judy Aydt (Conditional) 4832 Florida Ave N — Dennis Lee for Irene Lee 3544 Kyle Ave N — Thomas Kyle for Robert Wigley 4608 Maryland Ave N — Michael Shea (Conditional) 3420 Major Ave N — Jeff/Kendra Jantzen (Conditional) 5603 Orchard Ave N — GF Crystal Inc (Conditional) 5108 Quail Ave N — Vickie Huber Pagel of 2 1/29/2009 RENTAL — RENEWALS continued 5557 Unity Ave N — Community Involvement Programs (Conditional) 3535 Xenia Ave N — P Womer/K FyIe (Conditional) 5508 Xenia Ave N — Darryl/Martin Schmitz 4706 Zane Ave N — D. Utes for Joanne Lawrence (Conditional) 7009 36 1h Ave N — Kathryn Hammerseng (Conditional) 5925 46th Ave N — Tim Lindfors 5206 49th Ave N — Marlys Pepera. 6712 60th Ave N — Pranab Chatterjee (Conditional) TREE TRIMMER Crystal Tree Service PO Box 28068 Crystal, MN 55428 Minnesota Tree Surgeons 13265 Raven St NW Coon Rapids, MN 55448 Page 2 of 2 1/29/2009 cl AL Payee IRS PERA CenterPoint Energy GMHC Golden Valley JWC HealthPartners Metro Council Environmental Service Robbinsdale Area Schools SEH Inc Burnet Title Escrow Acct Burnet Title Escrow Acct First American Trust FSB GABtonda\Accts PayableThecks over 15,009 -As DATE: January 29, 2009 TO: Anne Norris, City Manager City of Crystal City Council t , FROM: Charlie Hansen, Finance Director '111 RE: Expenditures over $15,000 Description Social Security/Medicare - Federal Tax W/H P/R 01/23/09 PERA P/R 01/23/09 Employee/City Contributions December Services 2009 Houseing Resource Center Services December Water Costs February Health Insurance Premiums February Wastewater Costs December Gasoline Costs Phase 10 Street Reconstruction Bid Doc Prep Purchased Property at 5708 Elmhurst Ave N Purchased Property at 3440 Regent Ave N Purchased Property at 5700 Regent Ave N Amount 49,826.68 38,083.04 15,022.14 15, 000.00 81,298.10 82,412.42 101,456.73 17,568.01 85,974.98 58,785.00 67,070.03 64,039.84 6/b,b3b.y/ law COUNCIL STAFF REPORT Cnr,ylai • • 2009 Fee for Late Rental Application ICRYSTAL ......... ... FROM: Patrick A. Peters, Community Development Director L4 TO: Anne Norris, City Manager (for February 3, 2009, City Council Meeting) DATE: January 28, 2009 RE: Clarification of 2009 Fee for Late Rental Applications BACKGROUND The city has had measurable success of late discovering unlawfully, occupied rental dwellings. City staff identified and pursued licenses for 39 unlawfully occupied rental dwellings during the last half of 2008 and 15 thus far in 2009. Once staff determines that a dwelling unit is occupied by someone other than the owner and the owner has neither sought nor been issued a rental license, the city compels the owner to comply with the licensing requirements of the Property Maintenance Code. This effort involves several divisions at city hall (utility billing, assessing, Community Development, Police CSOs) and often requires a great deal of investigation time. To recover some of the costs involved in this necessary and effective effort, from this point forward staff will treat these applications as "late" and charge the corresponding fee in the 2009 fee schedule, which results in the doubling of the $125/year license application fee. This is consistent with the current city practice of doubling permit fees for home improvements that are initiated without having first secured the necessary permit(s). Had this been the city's practice for the last half of 2008 and January of 2009, an additional $6,750 would have been generated in rental license application revenues to help cover the costs of these investigations. This new practice does not require a change to the fee schedule since the fee schedule currently includes a "Late fee/penalty," but it does represent an expansion of the number of rental license applications that would be subject to the late fee/penalty. As such, staff determined that Council needed to be aware of and concur with this practice. RECOMMENDATION Staff is requesting Council concurrence with the practice of charging the corresponding "Late Fee/Penalty" currently in the 2009 fee schedule for rental license applications that result from staff investigations of unlawfully occupied rental dwellings. GARENTAU2008.02.03 Council Staff Report re Fees.doc Crystal City • • • February 3, 2009 IV. PUBLIC HEARING 1. The Council will receive public comment for the 2008 Alleys and Driveways Construction Project #2008-6 and consider a resolution adopting the Assessment Roll. MEMORANDUM DATE: January 28, 2009 TO: City Council, Mayor, City Manager FROM: Tom Mathisen, City Engineer SUBJECT: Public Hearing and Adoption of Assessment Roll 2008 Alley and Driveway Construction Project 2008-06 On January 6, 2009, the City Council ordered the preparation of the assessment roll and set the date for the public hearing for the above project. The assessment roll has been prepared and the affected property owners have been properly notified. Council is now being asked to consider the results of the public hearing and adopt the attached resolution, which adopts the assessment roll. 0tM 14 5, 1 to City Engineer i:/pubworks/projects/2008/assessadptmem RESOLUTION NO. 2009 - WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the 2008 Alleys and Driveways Construction Project #2008-6. BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the constructed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal principal installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2010, and shall bear interest at the rate of 6.0 percent per annum from the date of adoption of this assessment resolution until December 31, 2010. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, or make partial payment as provided by City Ordinance, with no interest accrued if the entire assessment is paid or on that principle portion paid within 30 days from the adoption of this resolution (end of business on March 5, 2009); and the owners may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made by end of business on November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 3rd day of February 2009. ReNae J. Bowman, Mayor F.1va-MW Janet Lewis, City Clerk is/pubworks/projects/2008/Alleyrecon/asmntadptres2008.doc Meeting Packet February 3, 2009 V1. REGULAR AGENDA 1.. The Council will consider the appointment of Meredith Torres -Walsh to the Human Rights Commission for a partial term expiring December 31, 2010. 2. The Council will consider the appointment of Emmanuel Chenoweth to the Human Rights Commission for a partial term expiring December 31, 2011. 3. The Council will consider the Second Reading of Ordinance 2009-1 amending City Code Section 515.49 Subdivision 4 1) 1) to allow fueling stations by Conditional Use Permit along 36th Avenue directly east of Trunk Highway 100. 4. The Council will consider a resolution authorizing accessibility by contractors for water meter replacement. 5. The Council will consider a resolution approving plans and specifications and ordering the Ad for Bids for Phase 10 Welcome Street Reconstruction - Project 2008-10. 6. The Council will consider a resolution authorizing the use of PIR to purchase previously -leased vehicles for Community Development Department. 7. The Council will consider the IUOE, Local 49 (Public Works) 2009 Labor Agreement and Memorandum of Understanding Regarding Lead Person Position in the Parks Division. 8. The Council will consider a resolution awarding contract for the Reservoir Leak Repair Project #2008-34. COUNCIL STAFF REPORT cr"- Regular Agenda: Appointments to the Human Rights litRYSTAL Commission FROM: Janet Lewis, City Clerk -u IlUXT1161-st"T, "M DATE: January 30, 2009 TO: Mayor and Council Members City Manager At this time, there are five vacancies on the Human Rights Commission. There are no other applications on file for the Human Rights Commission. The City has informed the public about the vacancies through multiple postings in the City Newsletter, City website, and Sun Post. The applicants were interviewed by Mayor Bowman, Council Liaison Dave Anderson, and Commission Chair Hilary Hauser on January 26. They are recommending the appointments of Meredith Torres -Walsh and Emmanuel Chenoweth. The applications are attached. Council Action Requested Appoint Meredith Torres -Walsh and Emmanuel Chenoweth to the HRC. GAOFFICE MANAGEMcommissions\Council Staff Report Form HRC.doc L/� o `.~ pm' ��UTY��F��RYST��L |APPLICATION FOR BOARDS & COMMISSIONS / / ( )Bassett Creek Watershed ( )Charter Commission ( ) Employee Review Board ( ) Environmental Quality Commission ( ) Planning Commission ( ) Parks 8/ Recreation Commission Human Rights Commission ( ) Northwest Hennepin Human Services Council � ) Shingle Creek Watershed ( ) Other 1. NU Work Phone Zip code � 3. How long have you lived 8tthe City? 4. Occupation Employer 5. Education (please indicate highest grade completed OF highest degree and major QJU[Se of study) LQ 0 6. What skills do you have that you feel would benefit the City? 7' Why - you want to serve on this commission? 8. 9. What other civic activities are you involved in? 10. Have you servdd on any City commissions or boards in the past? (Feel free to attach a resume or letter if necessary *Under the law, some information contained in this application is private data. With your permission, this information will be listed on a commission roster. The purpose is so commissioners, city officials, and the public will beable tocontact you. There isnoconsequence for refusing hosupply this information. Please turn this form over and sign the release form. Please turn over GAOFFICE City of Crystal Boards * C1 1n Effective August 1, 2005 and in accordance with the Minnesota Government Data Practices Act, the City of Crystal is required to'receive your consent before releasing any information about you that is classified as private data. Private data is information that is not available to the public. The City may be asked to provide private information about you to the public (newspapers, civic organizations, etc.) and to individuals who wish to contact you directly. Although this information is available from other sources, such as the phone directory, the City is NOT allowed to disseminate any private data about you without your permission. This release will be in effect as long as you serve on the City board or commission and can be changed upon your request at any time. (Please note that if you are appointed to a commission, a phone number, mailing address, and email address will be included on a roster.) I authorize the City of Crystal to disclose. my home address, phone number, and email on a commission roster if appointed to such commission. Printed Name: �� -/��1 / �}� Date: I -I IN WON M 0 WAM-Al - Return application to: City of Crystal City Clerk 4141 Douglas Dr N, Crystal, MN 55422-1696 or fax to (763) 531.1188 i GAOFFICE MANAGER\commissions\Applications\boardscomissionsapplication.doc 2/02 *Hom6 Phone *Email Work Phone 2. C>�-.0 ri I lam, e� Ir *Addres fx)Zip code- SSIL 3. How long* have YOU. lived at the City? t Lj, fAA \3 0 � Q- 4. Occupation 6.na.Vner- Employerk-�6 5. Education. (please. indicate highest grade completed or highest d6gre of study) i'--- I e and major course 6. 'What skills do you have that you feel would benefit the city? W1N e-1 7. Why do You want to serve on this commission? —cc? VtiG 1 P -\ ivi r©UC_ d"'A oA-i i A -p d. 1,sce( rn D/7 bo-VicLu 6 r (.OgapjLui-L\i 8. What experience do you have that you f6el would be pertinent to this commission? _Lj2=f C'j-,C) C)'j 4_ ekzk- ry,'I jo 9. What other. ci.vic.activifies are You involved in? --L Se --r Ljo- a -s a fV1 1-�i+�,ryl 10. Have you served on any City commissions or boards in the past? (Fee/ free to attach a .resume orletter ifnecessal)l .*Under the law some information contained in this application is private data. With Your permission, this information wilibe listed on a commission roster. The purpose is so commissioners; city officials, and the public will be able to contact .you. There is no consequence for refusing to supply this information. Please turn this form over and sign the release form. Filesl0F.K31boanlscorn}ssionsaPP�caBon.dx 2162 Please tum over QU)Mments and Seftgq*b0ftefhUmCnj SeWngdTempor uy lnl� ,=t CITY OF CRYSTAL, APPLICATION FOR BOARDS .& COMMISSIONS Bassett. creek Watershed Employee Review Board Charter Commission Planning diammission Human Rights Cam I rnission Environmental Quality Commission Parks & Recreation Commission Shingle Creek Watershed Northwest H*ennepin Human Services Council Other *Hom6 Phone *Email Work Phone 2. C>�-.0 ri I lam, e� Ir *Addres fx)Zip code- SSIL 3. How long* have YOU. lived at the City? t Lj, fAA \3 0 � Q- 4. Occupation 6.na.Vner- Employerk-�6 5. Education. (please. indicate highest grade completed or highest d6gre of study) i'--- I e and major course 6. 'What skills do you have that you feel would benefit the city? W1N e-1 7. Why do You want to serve on this commission? —cc? VtiG 1 P -\ ivi r©UC_ d"'A oA-i i A -p d. 1,sce( rn D/7 bo-VicLu 6 r (.OgapjLui-L\i 8. What experience do you have that you f6el would be pertinent to this commission? _Lj2=f C'j-,C) C)'j 4_ ekzk- ry,'I jo 9. What other. ci.vic.activifies are You involved in? --L Se --r Ljo- a -s a fV1 1-�i+�,ryl 10. Have you served on any City commissions or boards in the past? (Fee/ free to attach a .resume orletter ifnecessal)l .*Under the law some information contained in this application is private data. With Your permission, this information wilibe listed on a commission roster. The purpose is so commissioners; city officials, and the public will be able to contact .you. There is no consequence for refusing to supply this information. Please turn this form over and sign the release form. Filesl0F.K31boanlscorn}ssionsaPP�caBon.dx 2162 Please tum over QU)Mments and Seftgq*b0ftefhUmCnj SeWngdTempor uy lnl� ,=t City of Crystal Boards Commissions Effective August 1, 2005 and in accordance with the Minnesota Government Data Practices Act, the City of Crystal is required to receive your consent before releasing Jany information about you that is classified as private data. Private data is information that is not avakable to the public. The City may be asked to provide private information about you; to the public (newspapers, civic organizations, etc.) and to individuals who wish to contact you directly. Although this information is available from other sources, such as the phone directory, the Citi is NOT allowed to disseminate any private data about you without your permission. This release will be in effect as long as you serve on the City board -or commission and can be changed uponyor request at any time. (Please note that if you are appointed to a commission, a phone number, mailing address, and email address will be included on a roster.) 1 authorize the City of Crystal to disclose my home address, phone number, and email on a commission roster if appointed to such commission. 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E E 0 c .2 (n M E E 0 9 [9 1W41 01 11 U411 I � 4=19 411 1&1'• ST r4WAV "IM -•A k1 � rJ I i I FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator 14� DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director.) DATE: January 27, 2009 TO: Anne Norris, City Manager (for February 3rd City Council Meeting) SUBJECT: Second Reading of Ordinance amending Section 515.49 Subd. 4 1) 1) of the City Code to allow a fueling station as a conditional use at Cub Foods (5301 36th Ave N). Attached is the draft ordinance (Exhibit A) for the Second Reading of the ordinance amending Section 515.49 Subd. 1) 1) of the City Code. City Council approval of second reading of the proposed ordinance is requested. TEXT AMENDMENT— SU PERVALU, INC. — 5301 36TH AVE N Page 1 of 1 ORDINANCE NO. 2009 - AN ORDINANCE AMENDING SECTION 515.49 OF THE CRYSTAL CITY CODE THE CITY OF CRYSTAL ORDAINS: Section 1. Crystal City Code Section 515 (Zoning) is amended as follows: 1.01 Amend 515.49 Subd. 4 1) 1) as follows: 1) The property abuts at least 1 of the following street segments: ® Douglas Drive between 27`x' Avenue North and a point 660 feet north of 27`1' Avenue North. ® Lakeland Avenue between the Canadian Pacific Railroad and 58`1' Avenue North. ® West Broadway between Corvallis Avenue North and 56`x' Avenue North. ® Winnetka Avenue between 36`1' Avenue North and a point 660 feet north of 36°i Avenue North. ® 36`x' Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North. Section 2. This ordinance is effective in accordance with Crystal City Code, Subsection 110.11. First Reading: Adopted: Summary Publication: Effective Date: ATTEST: Janet K. Lewis, City Clerk ReNae J. Bowman, Mayor Memorandu , m crryPt .Crr 1CRYSTAL DATE: January 28, 2009 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Access for Water Meter Replacement As you know, Crystal is beginning implementation of replacing the water meters throughout the city. The contractor is responsible for replacing the meters; all contractors are required to have ID and are subject to a background check. Section 715 of City Code only addresses city employees being authorized to work in homes and properties and does not specifically authorize contractors hired by the city to have such access. In order to proceed with the project, the attached resolution needs to be approved. In the long-term, the ordinance will need to be amended. This change and other, minor ordinance changes will be presented at a future Council meeting. Adopt the resolution authorizing accessibility for the water meter replacement project. Attach: CITY OF CRYSTAL RESOLUTION NO. 2009 - RESOLUTION AUTHORIZING ACCESSIBILITY FOR WATER METER REPLACEMENT WHEREAS, the City of Crystal will be commencing a project for the mass replacement of all water meters for Crystal water customers; and WHEREAS, accessibility for City employees to repair meters is authorized by Crystal Code of Ordinances Section 715.57, Subdivision 6, which ordinance does not specifically authorize accessibility for contractors employed by the City for the same purposes; and WHEREAS, the City has under consideration the first reading of an ordinance amending Section 715.57, Subdivision 6 to provide for accessibility for employees of authorized contactors of the City; and WHEREAS, the timely commencement of the water meter replacement project will require the contractor and its employees employed by the City for such project to enter commercial and residential buildings in the City prior to the consideration by the City Council of a second reading of an ordinance amending Section 715.57, Subdivision 6. NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that the contractor and authorized employees of the contractor hired for the mass replacement of water meters shall have the accessibility rights of City employees under Section 715.57, Subdivision 6 until the earlier of the completion of the water meter replacement project or the effective date of the pending ordinance amendment to Section 715.57, Subdivision 6. Adopted by the Crystal City Council this 3rd day of February 2009. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk 345742vl MTN CR205-30 I .. . ................. 1� . I ANNEEN&N. COUNCIL STAFF REPORT -10 Phase 10 Welcome Street Project #2008 JERYSTAL � 1. c: - t FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for February 3 City Council Meeting) DATE: January 29, 2009 RE: Approve Plans and Specifications and Order Ad for Bids wmwmmnff��wel�ml On November 6, 2008, the Council adopted a resolution ordering the preparation of the plans and specifications for Phase 10. That work has been completed and the Council is being requested to approve the plans and specifications and order the advertisement for bids. DISCUSSION If the Council approves the plans and specification and orders the advertisement, the bid opening will be set as early as Tuesday, March 16, 2009. Depending on the bid results, the Council may be able to review the bids at the March 17 Council meeting, and set the date for the special assessment public hearing. As done with Phases 1 through 9, the assessment public hearing will be held prior to the contract award. Taking into account the required two week public hearing notice, it would be possible to award the contract after the public hearing during the same meeting on April 7. However, depending on the ultimate timing of these events, as in the past is may be necessary to hold a Special Meeting. The schedule is especially critical this year as this will be the largest project done to date scheduled for one construction season. The total estimated project cost remains at $7,824,787, essentially the same amount that was in the feasibility study, and this number is now based on the final design quantities. The cost will be financed through the sale of municipal bonds and ultimately funded through a combination of Minnesota State Aid (MSA) Highway funds, Storm Drain Utility Funds, Street Reconstruction Fund balance, and special assessments levied on the benefited properties. The estimated unit assessment is $4,987 (a 6.5% increase over the $4,683 assessed for Phase 9 in 2008) per single/duplex residence for street and storm sewer, plus $19.15/front foot for curb where none presently exists, and lesser curb rates for other existing curb situations. The estimated commercial and non-profit rate for street and storm sewer is $89.45 per front foot (also a 6.5% increase). There is no im.pact on the General Fund. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the plans and specifications and ordering the advertisement for bids. Respectfully submitted, Thomas A. Mathisen City Engineer Lpubworks/projects/phasei O/orderadphasel Omem APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR PHASE 10 WELCOME PARK STREET RECONSTRUCTION PVOJECT WHEREAS, pursuant to a Resolution passed by the Council on the 6th day of November, 2008, and under the provisions of Minnesota Statues, Chapter 429, the firm of Short, Elliot, and Hendrickson has prepared plans and specifications for the improvement of the Phase 10 Welcome Park area of Crystal by street, curb and gutter, and drainage reconstruction, and has presented such plans and specifications to the Council for approval, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRYSTAL, MINNESOTA: 1. Such plans and specifications, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal, if applicable, an advertisement for bids for the making of such improvements under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be received by the Clerk until the time on the specified bid opening date, at which time they will be publicly opened at the City Hall by the City Clerk and Engineer or their representative, will then be tabulated, and will be considered by the Council at a future date, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Crystal for 5% of the amount of such bid. Adopted by the Crystal City Council this 3rd day of February, 2009. ATTEST: Janet Lewis, City Clerk I : p u bworks/projects/phase 10/orderad ph ase 10 .4 ary Fu_ Memorandum CRYSTAL DATE: January 30, 2009 TO: Mayor and City Council Anne Norris, City Manager FROM: Charles Hansen, Finance Director C � SUBJECT: Consider a Resolution Approving the Purchase of Cars Previously Leased by the Community Development Department Background The Community Development Department signed three year leases for three Chevrolet Malibu cars for use building inspectors and code enforcement in March 2006. These leases will expire on March 14, 2009 and provisions must be made for Community Development personnel to have cars to drive after that date. The 2009 Budget provided for this with the inclusion of the purchase of three new cars at $17,500 each in the Permanent Improvement Revolving (PIR) Fund. The budget was based on the price for cars in the 2008 State of Minnesota bid plus modest inflation, vehicle excise taxes and delivery costs. It -was also considered possible that we would buy out the leases on the three 2006 Malibu cars. By budgeting for the more expensive alternative, we kept options open. Discussion The price for cars on the 2009 State of Minnesota bid included more inflation than we expected in a year of recession. The least expensive car of sufficient size is a Chevrolet Impala at $16,565. With the vehicle excise tax and incidental cost of putting a new vehicle into service, the total cost would approach $18,000 per car. This is slightly above the $17,500 assumed in the PIR budget. We also received a quote from Luther Brookdale Chevrolet, the dealer who leased the 2006 Malibu cars to the city. That quote is for 2009 Chevrolet Malibu cars at $16,903 apiece. With the vehicle excise tax and incidental cost of putting a new vehicle into service, the total cost would exceed $18,000 per car. The leases on the 2006 Malibu cars have a buy-out option that entities the City to purchase them at the end of the lease. The buy-out price is set at $7,745.50 per car plus vehicle excise tax and title fees. Since they are already in service, we don't have to pay for incidental costs such as painting the City of Crystal on them. The total cost of purchasing them might run up to about $8,500 per car. The 2006 Malibu cars are meeting the needs of the Community Development department and have been reliable and economical to operate. Kelly Blue Book estimates the value of these cars at $8,990 for a car in good condition and $9,565 for a car in excellent condition. Some aspects of Kelly Blue Books definition of good and some aspects of the definition of excellent apply to our cars. So it is certainly not a bad deal for the City to buy cars for $7,745.50 when these cars have a resale value of at least $9,000. If the cars are purchased, we anticipate keeping them in service for several years. The exact life will depend on when they start to become mechanically unreliable or begin to show rust on the bodies. We think the cars will be good until they are at least seven years old. Most cars in Minnesota start to rust by the time they are ten years old. So we would anticipate replacing them sometime between 2013 and 2016. Conclusion We recommend that the City Council approve the attached resolution which authorizes the buy-out of the leases for three 2006 Chevrolet Malibu cars at the price of $7,745.50 per car plus vehicle excise taxes and title fees. City of Crystal RESOLUTION NO. 2009 - MR ql!�614 Rj Wall M I • npj q;V1 MNI:404� WHEREAS, the City Manager's Office has reviewed and recommends approval said appropriation, and WHEREAS, the appropriation is included in the 2009 Permanent Improvement Revolving Fund Budget in #4504 — 4506 totaling $52,500, and WHEREAS, the City Council hereby acknowledges: 1. There is a need to provide marked city vehicles for use on building inspections and code enforcement by city personnel. 2. Exercising the buy out option on the leases for the three existing cars is more economical than purchasing new vehicles. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the purchase of three cars previously leased by the Community Development Department at a price of $7,745.50 plus vehicle excise taxes and title fees. Adopted by the Crystal City Council this 3rd day of February', 2009. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk DATE: January 29, 2009 TO: Mayor and City Council FROM: Kim Therres, Assistant City Manager/Human Resources Manager Anne Norris, City Manager RE: IUOE, Local 49 (Public Works) 2009 Labor Agreement and Memorandum of Understanding Regarding Lead Person Position in Parks Division To request City Council approval of the 2009 International Union of Operating Engineers, Local #49 Labor Agreement and Memorandum of Understanding related to a Lead Person position in the Parks Division. The wage and insurance are consistent with the increases for other employee groups for 2009. • The following are the proposed changes in the 2009 contract: Duration: 1 year agreement for 2009 2. Wages: 3.0% increase for 2009 Lead person: Enter into Memorandum of Agreement providing for city discretionary assignment of Lead Person in Parks Division with monthly or weekly pro -rated calculated from the $3,000 per year. 3. Insurance: Employer Contribution and Post Employment Retirement Savings 2009 (EmDlover Contribution): 2008 Employer 2009 Premium — 2009 Premium 2009 2009 Contribution Health Partners Health Partners Premium Employer O en Access Distinctions III HSA Contribution Single $463.24 $576.61 $537.18 $407.43 $537.18 Employee + Spouse $667.00 $1,226.94 $1,146.01 $868.94 $770.00 Employee + $667.00 $1,162.48 $1,082.68 $820.92 $770.00 Child(ren) Family $828.991 $1,518.16 $1,413.98 $1,072.05 $950.00 Post Employment Retirement Savings - Change "Post Employment Retirement Savings Plan" to "Retirement Health Savings Account" -Provide a finite number for employee contribution related to their severance pay. 4. Appendix A-1 through A-3: Include reference of current minimum requirements and employer will revise when deemed necessary. FINANCIAL IMPLICATIONS The 2009 Adopted Budget includes sufficient funds for the proposed wages and benefits. COUNCIL ACTION REQUESTED Approval of the 2009 proposed contract with International Union of Operating Engineers, Local #49 and approval of a Memorandum of Understanding regarding a lead person position in the Parks Division. Authorize the Mayor and City Manager to sign the contract and Memorandum of Understanding on behalf of the City. This Memorandum of Agreement is entered into between the City of Crystal (hereafter "City") and International Union of Operating Engineers Local No. 49 (hereafter "Union"). WHEREAS, the City and the Union are parties to a collective bargaining agreement in effect from January 1, 2009 through December 31, 2009; and WHEREAS, Article 27.4 of the collective bargaining agreement provides, "Management may designate an employee(s) to assume the fall duties and responsibilities of lead person. Lead person position will be assigned on a yearly basis and shall receive additional compensation. Effective January 1, 2008, the additional compensation for lead person will be $3,000 per year." NOW, THEREFORE, the City and the Union agree as follows: The City may, at its sole discretion, assign an employee(s) to assume the duties and responsibilities of a lead person in the Parks Division on a monthly or weekly basis. Upon said assignment, the employee(s) will receive a monthly stipend of $250 per month or a weekly stipend of $57.69 per week. 2. This Memorandum of Agreement represents the complete and total agreement between the parties regarding this matter. IN WITNESS WHEREOF, the parties have caused this Memorandum of Agreement to be executed this day of , 2009. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 2 CITY OF CRYSTAL KIM' am Effective January 1, 2009 through December 31, 2009 TABLE OF CONTENTS Article 1 Purpose of Agreement................................................1 Article2 Recognition................................................................1 Article 3 Definitions..................................................................1 Article 4 Union Security...........................................................2 Article 5 Employer Security......................................................3 Article 6 Employer Authority...................................................3 Article 7 Employee Rights -Grievance Procedure 3 Article 8 Savings Clause...........................................................6 Article 9 Work Schedules.........................................................7 Article 10 Overtime Pay..............................................................7 Article 11 Compensatory Time...................................................8 Article 12 Call Back/Standby......................................................8 Article 13 Legal Defense.............................................................8 Article 14 Right of Subcontract..................................................8 Article 15 Discipline...................................................................9 Article 16 Seniority.....................................................................9 Article 17 Probationary Period....................................................10 Article18 Safety.........................................................................9 Article19 Job Posting.................................................................10 Article 20 Insurance....................................................................10 Article 21 Injury On Duty...........................................................12 Article 22 Severance...................................................................12 Article 23 Sick Leave..................................................................12 Article 24 Vacation Schedule.....................................................13 Article25 Holidays.....................................................................13 Article26 Tuition........................................................................14 Article 27 Wage Schedule...........................................................14 Article 28 Working Out of Classification...................................16 Article29 Waiver........................................................................16 Article30 Duration.....................................................................17 LABOR AGREEMENT BETWEEN THE CITY OF CRYSTAL AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO ARTICLE I - PURPOSE OF AGREEMENT This agreement is entered into between the City of Crystal, hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, AFL-CIO, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the fall and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed below who are public employees within the meaning of Minn. Stat. 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Maintenance 1, 11, 111, and Custodian. ARTICLE 3 - DEFINITIONS 3.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO. 3.2 EMPLOYER: The City of Crystal. 3.3 UNION MEMBER: A member of this International Union of Operating Engineers, Local No. 49, AFL-CIO. 3.4 EMPLOYEE: A member of this exclusively recognized bargaining unit. 3.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 SENIORITY: Length of continuous service in any of the job classifications covered by Article 2 Recognition. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this AGREEMENT. 3.7 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 3.9 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 4.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 4.2 Remit such deduction to the appropriate designated officer of the UNION. 4.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. PA 4.4 The UNION agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE S - EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. 6.1 The EMPLOYER retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 6.2 Any tern and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Union Representatives The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 7.3 Processing of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. Beginning at Step 1, all grievances shall be in writing on a form mutually agreed upon by the EMPLOYER and the UNION. 7.4 Procedure Grievances, as defined by Section 7. 1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty- one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 2 representative. The EMPLOYER -designated representative shall give the UNION the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER -designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 3 representative. The EMPLOYER -designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days -after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to step 4 within ten (10) calendar days following the EMPLOYER -designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall haven no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 7.7 Choice of Remedy If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Article 7 or a procedure such as: Personnel Rules and Regulations, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Article 7, the grievance is not subject to the arbitration procedure as provided in Step 5 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized --Step 5 of Article 7 or another appeal procedure-- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article 7. Except that with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission, an employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. ARTICLE 8 - SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in fall force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 9 - WORD SCHEDULES 9.1 The sole authority in work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 7:00-3:30 day. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours, however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 10 - OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the employee's regular base pay rate. In lieu of monetary compensation, an employee may choose to receive compensatory time. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will, for record purposes under Article 10.2, be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. Comp Time - An employee may earn compensatory time off at the rate of one and a half (1-1/2) times in lieu of paid overtime. Comp time designation must be noted on the time card for the period in which overtime was worked. An employee may accrue a maximum of 56 hours of compensatory time. Employees will be able to cash out banked comp time once per calendar year by requesting to do so no later than December 1 st of each year. The use of compensatory time shall be in accordance with current vacation practices. ARTICLE 12 -CALL. BACIUSTANDBY 12.1 Call back: An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) tunes the employee's base pay rate. 12.2 Standby: Employees required by the EMPLOYER to standby for a seven (7) consecutive day period will be paid for twelve (12) hours of straight time pay; fifteen (15) hours when a holiday falls within the seven-day period; seventeen (17) hours when two holidays fall within the seven day period. ARTICLE 13 - LEGAL DEFENSE Any employee who is charged a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE 15 - DISCIPLINE 15.1 The EMPLOYER will discipline employees only for just cause. 15.2 An employee(s) will not be required to participate in an investigatory interview by the EMPLOYER where the information gained from the interview could lead to the discipline of the employee(s) unless the employee(s) is given the opportunity to have a union representative present at the interview to act as a witness for the employee(s). ARTICLE 16 - SENIORITY 16.1 Seniority will be the determining criterion for transfers, promotions and lay off only when all job -relevant qualification factors are equal. 16.2 Seniority will be the determining criterion for recall when the job -relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. 17.1 All newly hired or re -hired employees will serve a one-year probationary period. 17.2 For promotions within a job classification series (i.e. from Maintenance I to Maintenance II), the probationary period will be six months. 17.3 At anytime during the probationary period, a newly hired or re -hired employee may be terminated at the sole discretion of the EMPLOYER. 17.4 At anytime during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. 9 ARTICLE 18 - SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. 19.1 The EMPLOYER and the UNION agree that permanent job vacancies within the Maintenance I, II or III job classifications within designated bargaining unit shall be filled based on the concept of promotion or transfer from within provided that applicants: 19.1(1) have the necessary qualifications to meet the standards of the job vacancy; and 19.1(2) have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 17 - Probationary Period. 19.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 20 INSURANCE 20.1 Effective January 1, 2009, the Employer will contribute up to a maximum of $950.00 per month for family (employee plus spouse and children) health insurance coverage. Effective January 1, 2009, the Employer will contribute up to a maximum of $770.00 per month for employee plus spouse health insurance coverage or employee plus children health insurance coverage. Effective January 1, 2009, the EMPLOYER will contribute up to a maximum of $537.18 per month for single health insurance coverage. For 10 Employees choosing single health insurance coverage or who waive coverage as provided in Article 20.4, the Employer will contribute an additional twenty-two dollars ($22.00) per month toward the cost of dental insurance. The Employer will contribute the cost of $20,000 life insurance for each eligible employee. 20.2 Additional life insurance can be purchased by the employees at the employee's expense to the extent allowed under the employer's group policy. 20.3 Employees may elect to participate in the employee flexible benefit account. 20.4 An employee who is covered elsewhere may waive coverage under the City's health insurance plan. Employees so choosing will be eligible for $50 per month in lieu of coverage. To be eligible, the Employee must provide proof of health insurance. 20.5 All EMPLOYEES who retire after January 1, 1999, shall have the option of retaining membership in the City of Crystal group health insurance plan for which the City will pay the same single health insurance contribution as stated in Article 20.1 for active employees until such time as the retiree is eligible for Medicare coverage, or age 65. Further, if the retiree desires to continue family coverage, the additional cost for family coverage shall be paid monthly by the retiree to the City of Crystal. Employees must meet the following conditions in order to be eligible for the Employer contribution for Retiree Health Insurance: 20.5(1) Must retire under a full, unreduced retirement benefit from the Public Employees Retirement Association; and 20.5(2) Have completed at least 20 years of service with the City of Crystal. 20.6 Effective January 1, 2005 (section 20.6 replaces 20.5), all EMPLOYEES shall be eligible for a Retirement Health Savings Account -(the "Plan"). The Employer shall contribute: - $25 per month per employee - For employees hired before July 1, 1989 and qualify for the "Rule of 90" according to the Public Employees Retirement Association shall receive a one-time lump sum contribution of the present value of funds 11 set aside for each employee for previous (Article 20.5) retiree insurance program. Employee contributions to the Plan include: - Employees who maintain a minimum balance of 120 hours in their sick leave bank shall contribute 16 hours per year of sick leave to the Plan. - Employees will contribute 100% of their severance pay to their Retirement Health Savings Account. ARTICLE 21 - INJURY ON DUTY When an employee is injured on duty and has a long -teen disability the employee must take the first ten (10) days from his or her own accrued sick leave and thereafter, the City of Crystal will pay full wages for the next sixty (60) working days with no loss in accrued sick leave, pending doctor's authorization. During this period of illness, all monies received from Worker's Compensation shall be turned over to the City of Crystal. ARTICLE 22 - SEVERANCE Employees terminating their employment with the City after December 31, 1982 with ten (10) years or more of continuous service, except employees who are discharged for cause, will be paid forty percent (40%) of the employee's accumulated sick leave to a maximum cap of 960 hours. Employees who have accumulated more than 960 hours of sick leave on April 17, 1990 will be capped at their existing amount, however, if such employee uses and falls below the existing amount, their cap will be adjusted to the maximum amount of 960 hours, whichever is greater. Once an employee originally capped at a higher rate falls below 960 hours, their maximum cap will be 960 hours. ARTICLE 23 - SICK LEAVE All full-time employees in the classified service will accrue eight (8) hours sick leave per month. No accrued sick leave can be used during the first six (6) months of employment. Sick leave may be granted only for the absence from duty because of illness, doctor's appointments, dental appointments, legal quarantine, or death or serious illness in the immediate family. Employees claiming sick leave may be required to provide evidence in the form of a certificate from the attending physician or 12 otherwise, of the adequacy of the reason for an employee's absence during the time for which sick leave is granted. An EMPLOYEE, or a person designated by the EMPLOYEE, is expected to notify his supervisor by the start of the shift on the first day of their absence by reason of illness or accident. Failure to notify the City of Crystal as outlined above may be cause for disciplinary action. AR'T'ICLE 24 - VACATION SCHEDULE All full-time employees will accrue vacation based on the following schedule: 0 through 5 completed years of service: 12 days earned per year After 5 years completed service through 10 years completed service: 17 days earned per year Starting on year 11 and each additional year following 1 additional day earned per year not to exceed 24 days (Years of service are based upon each employee's anniversary of hire date.) No accrued vacation may be taken during the first six (6) months of employment. Each employee must expend a minimum of eighty (80) hours of vacation time each year. Additional earned vacation time may be accumulated and carried over to the following year. Such accumulation including the current vacation earned, from year to year may not exceed 240 hours. All vacation leave must be approved forty-eight (48) hours in advance by the employee's supervisor and department head. AR'T'ICLE 25 - HOLIDAYS 25.1 The employer will provide twelve (12) paid holidays as follows: 1) New Year's Day - January 1 2) Martin Luther King, Jr. Day - third Monday in January 3) Presidents' Day - third Monday in February 4) Memorial Day - last Monday in May 5) Independence Day - July 4 6) Labor Day - first Monday in September 7) Veteran's Day - November 11 8) Thanksgiving Day - fourth Thursday in November 9) Day after Thanksgiving - Friday following Thanksgiving 13 10) Christmas Day - December 25 11) Two Personal/Floating Holidays (8 hours each), upon selection by employee and must be used in a lump sum within the calendar year or lose it. Use of personal/floating holiday is in accordance with current vacation request practices. When a holiday is on Saturday, it will be observed on Friday; when a holiday is on Sunday, it will be observed on Monday. ARTICLE 26 - TUITION Reimbursement of 60% of tuition and books for a "C" or better grade in job approved courses per City Policy. ARTICLE 27 - WAGE SCHEDULE 27.1 The following regular base pay rate will be in effect: 27.2 Seasonal/Temporary Employees Employees employed by the employer on a seasonal or temporary basis for no more than 180 calendar days per calendar year either in a full-time or part-time capacity (more than 14 hours per week) will be paid at a rate to be determined by the employer for the term of their employment. Such employees will not be eligible for any benefits under this agreement except those which may be required by law. 27.3 New employees New employees may start at a wage rate equal to eighty percent (80%) of the contract rate for the job classification into which the employee is hired for the employee's first six months. After six months, this rate will increase to eighty-five percent (85%). After successful completion of the probationary period, this rate will then increase to ninety percent (90%) of the contract rate. After two years of employment, this rate will then increase to ninety-five percent (95%) of the contract rate. Prior to moving to the 100 percent base rate of pay, the new employee must meet the full qualifications of the position to which they were hired. Failure to meet 14 January 1, 2009 hourly base pay rate Maintenance III $24.11 Maintenance II $23.607 Maintenance I $23.197 Custodian $17.200 27.2 Seasonal/Temporary Employees Employees employed by the employer on a seasonal or temporary basis for no more than 180 calendar days per calendar year either in a full-time or part-time capacity (more than 14 hours per week) will be paid at a rate to be determined by the employer for the term of their employment. Such employees will not be eligible for any benefits under this agreement except those which may be required by law. 27.3 New employees New employees may start at a wage rate equal to eighty percent (80%) of the contract rate for the job classification into which the employee is hired for the employee's first six months. After six months, this rate will increase to eighty-five percent (85%). After successful completion of the probationary period, this rate will then increase to ninety percent (90%) of the contract rate. After two years of employment, this rate will then increase to ninety-five percent (95%) of the contract rate. Prior to moving to the 100 percent base rate of pay, the new employee must meet the full qualifications of the position to which they were hired. Failure to meet 14 full qualifications (refer to Appendix) of the position may result in demotion or termination. After three years, the new employee, after meeting full qualifications of the position, will then move to the contract rate. 27.4 Lead Person: Management may designate an employee(s) to assume the full duties and responsibilities of lead person. Lead person position will be assigned on a yearly basis and shall receive additional compensation. Effective January 1, 2008, the additional compensation for lead person will be $3,000 per year. 27.5 Welding: Employees specifically assigned by the employer to assume the duties of welder will be paid an additional $.75 an hour over the Maintenance I pay rate for that number of hours the employee is assigned the duties of welder. 27.6 Uniforms and Safely Boots/Shoes: The Employer will provide an annual allowance of $350.00 towards the purchase of uniforms and safety boots or safety shoes through a vendor approved by the employer. Beginning 1/1/2000, all employees are required to wear a uniform (with City of Crystal patch and nametag) and safety boots or safety shoes. Employees will be responsible for uniform maintenance for purchased items. Employees will have the option of applying the allowance towards a service agreement for uniforms with a vendor approved by the employer. The City of Crystal patch and employee nametag will be provided by the employer. The Employee is responsible to have the patch and nametag sewn on the uniform. The patch and nametag must be visible on the employee's outer gannent except during extreme work conditions. The employer will reimburse employees up to $50 every two years towards purchase of prescription safety glasses for use on the job in Crystal. Receipts will be required prior to reimbursement. 27.7 Bucket Truck Employees specifically assigned by the EMPLOYER to perform duties in the Bucket Truck shall be paid an additional $.75 per hour for the number of hours the employee is so assigned. 15 ARTICLE 28 - WORKING OUT OF CLASSIFICATION 28.1 Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the Heavy Equipment Operator rate of pay for those hours assigned to the unit: Backhoe 433 Sweeper 323 & 324 Motor Patrol 320 Front Endloader 329 & 450 Caterpillar Loader 117 28.2 The EMPLOYER will only allow full-time permanent employees to operate any equipment (excluding motor vehicles) that is rated at 39 horse power or greater. 29.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions for employment, to the extent inconsistent with the provisions of this AGREEMENT are hereby superseded. 29.2 The Parties mutually acknowledge that during the discussions which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation or either or both parties at the time this contract was negotiated or executed. 16 This AGREEMENT shall be effective as of January 1, 2009, and shall remain in full force and effect until the thirty-first (3 1 st) day of December, 2009. In WITNESS WI-IEREOF, the parties hereto have executed this AGREEMENT on this day of .2009. FOR TBE CITY OF CRYSTAL FOR TBE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49. AFL-CIO: ReNae J. Bowman, Mayor Kent Korman, Area Business Representative Anne Norris, City Manager Glen Johnsqn-business Manager Randall Ek, Union Steward 17 Appendix A-1 CITY OF CRYSTAL MAINTENANCE 1 Minimum Requirements* ® Possess High School diploma or equivalent. ® Possess valid MN Commercial driver's license. ® Possess CPR certification (every 2 years). 0 Possess defensive driving certification (every 5 years). ® Exhibit complete knowledge of job duties and physical demands involved with all aspects of street or park work and ability to perform those duties with minimal supervision. This includes ability to work in extreme climates. ® Exhibit complete knowledge of operation, preventive maintenance and routine repair of equipment and vehicles operated in area of job responsibility and ability to perform such work unsupervised. ® Knowledgeable of personnel policy, performance standards and safety policy. * The minimum requirements listed above are the current minimum requirements which the City will revise when it deems necessary. A-1 18 Appendix A-2 CITY OF CRYSTAL MAINTENANCE 2 Minimum requirements* ® Possess High School diploma or equivalent. ® Possess valid MN Commercial driver's license. ® Possess CPR certification (every 2 years). Possess defensive driving certification (every 5 years). Exhibit complete knowledge of job duties and physical demands involved with all aspects of utility work and ability to perform those duties with minimal supervision. This includes ability to work in extreme climates. ® Exhibit complete knowledge of operation, preventive maintenance and routine repair of equipment and vehicles operated in area of job responsibility and ability to perform such work unsupervised. ® Knowledgeable of personnel policy, performance standards and safety policy. 13 Possess Class S -D Waste Water Operator's Certification. ® Possess Class D Water Supply Operator's Certification. * The minimum requirements listed above are the current minimum requirements which the City will revise when it deems necessary. A-2 luo Appendix A-3 CITY OF CRYSTAL MAINTENANCE 3 Minimum Requirements* M Meets or exceeds the minimum requirements for the Maintenance I position. 13 Meets the requirements of A or B as listed below: A. Certification by A.S.E. as mechanic in at least two specialized work areas. Ability to use all City welding equipment. Possess certification as MN State Inspector of commercial size vehicles. Ability to process work orders and maintain repair records on serviced equipment and vehicles. B. Ability to operate all light and heavy equipment and vehicles used by the maintenance departments. Previous certification or designation as a Heavy Equipment Operator. Possess a Commercial driver's license. * The minimum requirements listed above are the current minimum requirements which the City will revise when it deems necessary. A-3 COUNCIL STAFF REPORT Project #2008-34 Reservoir Leak Repair FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for February 3 City Council Meeting) DATE: January 29, 2009 RE: Consider Bids, Award Contract for Center Tank Leak Repair In 2006, the City began a series of projects to repair leaks in the Joint Water Commission 20 million gallon concrete ground reservoir. This work is being paid for by the JWC, but is being conducted under the direction of the City of Crystal. The current project is to perform repairs in the center 5 million gallon tank. On January 29, seven bids were received for the proposed work. The three lowest bids are shown on the attached resolution. It has been determined that the low bidder RAM Construction Services is qualified to do the work at a contract price of $108,768. Funds for the project will come from the JWC. The Crystal share of that cost is approximately 29%. There are adequate funds budgeted in the Water Utility Enterprise Fund to cover this expense. It is recommended that Council adopt the attached resolution awarding the contract to the low bidder. Respectfull'. ub ifted, Th,. t asAIWA A. Mathisen City Engineer I:pubworks/projects/2008/08-34/awardmem RESOLUTION NO. 2009 - CRYSTAL RESERVOIR CENTER TANK LEAK REPAIR PROJECT # 2008-34 WHEREAS, the City of Crystal did advertise for bids for said Reservoir Leak Repair Project # 2008-34; and WHEREAS, six qualifying bids were received and publicly opened on Thursday, January 29, 2009, and the three low bids are tabulated as follows: RAM Construction Services $108,768.00 Paragon Restoration $115,820.00 Engineering & Const. Inc. $121,246.00; and WHEREAS, it has been determined that the low bidder is qualified to do the work; and WHEREAS, adequate funds are budgeted in the JWC budget to cover the expense of which approximately 29% will be charged back to Crystal (there are adequate funds budgeted in the Crystal Water Utility Enterprise funds to cover Crystal's share of the expense). NOW, THEREFORE, BE IT RESOLVED that the City of Crystal hereby awards the contract for Project #2008-34 to RAM Construction Services in the amount of $108,768.00. Adopted by Crystal City Council this 3rd day of February, 2009. ReNae J. Bowman, Mayor 01"aw Janet Lewis, City Clerk I:Pubworks/projects/2008/08-34/awardres CRYSTAL CITY COUNCIL WORK SESSION WORKING AGENDA Tuesday, February 3, 2009 To immediately follow the regular City Council Meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Work Session of the Crystal City Council was held at p.m. on Tuesday, February 3, 2009 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance ME The purpose of the work session is to discuss the following agenda item: ® Budget updates and reduction strategies 111. Adjournment The Work Session adjourned at _ p.m. GACity ClerMounciWork sessions\wsagenda2-03-09.doc AW Memorandum I&YSTAL r F k1woor, DATE: January 28, 2009 TO: Mayor and City Council FROM: Anne Norris, City Managettt-41 Charlie Hansen, Finance Director CP k SUBJECT: 2009 Budget Update 2008 Budget As you know, late in December Governor Pawlenty unalloted $390,266 of Local Government Aid (LGA) Crystal was scheduled to receive by December 31, 2008. Since this revenue was anticipated to be received in 2008 and the 2008 budget was virtually complete, the loss will be made up for with a combination of unspent funds in the general fund and fund reserves. Attached is a 2009 General Fund Summary which shows preliminary 12/31/08 ending balances as of 1/27/09. This shows the 2008 budget with a deficit of $71, 762 which will be covered by reserves. This deficit is likely to increase as there are several large invoices that have not yet been accounted for. It is likely the final deficit will be nearer $200,000. An update of the 12/31/08 ending balances will be provided at the February 3 work session. PTIIIA=mm Given the condition of the State's economy and that enormous deficit, it is no surprise that cities need to reconsider approved 2009 budgets and plan for the unanticipated loss of revenue. In the Governor's budget message on January 27, he is including cuts to LGA. Preliminary estimates show this will mean a $508,343 reduction in LGA for Crystal, assuming the budget forecasts in February continue to indicate a $5 billion state deficit. If this number increases, it is anticipated the Governor will increase the proposed cuts to LGA. The Governor's budget is only the first step in the State addressing its deficit; the Legislature will take into account Pawlenty's recommendations as it considers how to balance the budget. In Crystal's 2009 budget, $1.9 million of the $12.1 million revenues are from LGA. To begin discussion and review of the 2009 budget, Senior Staff used the following assumptions: 1. Crystal's 2009 LGA revenue will be decreased by $1,000,000; 2. Both revenues and expenses need to be considered to address this loss in revenue; 3. All revenues, expenses and services are up for discussion; 4. The goal is to maintain existing core service levels to the extent possible; 5. Preserve jobs to the extent possible in providing core services; and 6. For capital expenditures, focus on maintaining existing vehicles, equipment and assets and defer new capital projects. Crystal employees responded to a request for suggestions for cost reductions and savings. Many suggestions were received and all suggestions were grouped into three categories: operations and services, capital and revenues and were reviewed by Senior Staff. Many of the operational suggestions will be discussed further by Senior Staff and implemented as appropriate, including review of budgeted gas, electric and fuel costs. The following suggestions are for the Council's discussion and direction. OPERATIONS/SERVICES Suqqestion Temporary/Permanent Est. Savings Comments Reduce/eliminate ? 2008 Frolics city support (PW required $20,226 in and PD overtime) of PD and PW Frolics overtime Hiring Freeze Temporary May impact level of service, depending on position Consider Depends on Organizations membership in membership Crystal is part of do organizations (LMC, lobbying on behalf Metro Cities, NLC, of city interests NMMA, etc.) Eliminate out of Temporary $10,000 state training/travel for staff (Council also in 2010?) Reduce/eliminate Temporary council increase Delay hiring of 30,n Temporary Up to $60,000 Anticipate 2009 police officer retirement of 1 officer Reduce all Up to $562,369 May not be strategic department budgets (some department by 5% (including budgets all staff) WMFD) Changes to WMFD budget require WMFD Board approval PA OPERATIONS/SERVICES - continued Sumestion TemDorarv/Permanent Est. Savinqs Comments Use lawful gambling As of 12/31/08, only Law quite specific funds for lawful $9,151 is in the on how proceeds expenditures accout. Receipts can be used — not currently in budget for 2008 were sure any in general $7,401. fund 36 hour work week Temporary Only as last resort — contract issues, preserves some level of services and jobs, may not be equitable, needs to be visible to community Offer early Temporary Only saves retirement option significant money if retiring positions not being replaced — most positions eligible for early retirement anticipated to be replaced Stop exceptional Temporary $6,000 May impact performance and employee morale supervisor discretion awards Consider 4 Permanent Requires Charter councilmembers amendment and and 1 mayor unanimous Council approval Merge more Permanent, long- Many functions and services with term services currently Robbinsdale and done cooperatively, New Hope more opportunities? Drop annual city Permanent $1,000 tour and have "virtual" tour on-line Eliminate employee Temporary $700 Employee morale? holiday party Rescind 2009 pay Temporary $150,000 (?) Potential contract increase or require issue, employee 1 day off but don't morale, tough to do, affect benefits preserves services and 'obs OPERATIONS/SERVICES- continued Ri irimmqtinn TPmnnr;arv/PP_rmanent Est. Savings Comments Each employee Temporary ? Potential contract take 1 week of issue and potential unpaid leave for disparate burden depending on labor contracts, preserves services and jobs No performance Temporary Performance pay is pay for senior staff part of (but COLA and step compensation plan, increases for rest of may also impact staff would be comp worth honored) compliance, inequitable, not recommended Wage freeze in Temporary $150,000 Need to be 2010 (assuming 3% negotiated with 3 COLA) bargaining units, preserves services and jobs Eliminate American ? $625 Planning Association memberships for Planning Commissioners Eliminate Temporary $2,500 Only Commission recognition/thanks Appreciate Dinner commissioners receive Eliminate Employee ? $1,500 Employee morale? Appreciation Gifts Eliminate Years of Temporary $550 Employee morale Service Awards Eliminate Temporary $1,500 Only Reserves/Explorers recognition/thanks Appreciation Dinner volunteers receive Eliminate non- These commissions essential don't cost a lot but commissions (EQC, take up HRC) — use Ad Hoc considerable staff committees as time. Does Council needed benefit from commissions' work? OPERATIONS/SERVICES- continued Suaaestion Temr)orarv/Permanent Est. Savings Comments Eliminate Annual Temporary $7,500 (printing and Decreased Report postage) communication with community Eliminate SAFE Temporary $4,500 (awards and Part of Safety Awards and lunches lunches) program, employee morale? Stop mailing city ? $49,780 Decreased direct newsletter to every communication with resident — have on- community line and available at City Hall and CCC Stop handing out Permanent Decreased direct new resident communication with packets — have info residents on-line Mail Crystal Permanent ? Business Association meeting postcards only to those that have indicated interest Only e-mail Permanent $1,800 Small group already information on receiving e-mails; Crystal Business CBA does have info Association on web site meetings Eliminate Permanent Affects utility discount/rebate on budget, not general water bills fund Reduce number of Temporary $18,000 Decreased city newsletter communication issues from 6 to 4 Decrease Temporary ? Council contingency contingency and used to balance miscellaneous line overages or items unanticipated projects, most misc. line items include service contracts or specific expenses OPERATIONS/SERVICES - continued Suggestion Temporary/Permanent Est. Savings Comments Stop/limit tuition Cap at some level Contract issue with reimbursement two bargaining units, negotiate and change policy so management can limit Have only one ? Reduced service, warming house shift staff to other open during winter tasks? and eliminate all other ice rinks Close city hall 2 Temporary Contract issues, weeks each year inequitable, (presumably unrealistic for employees take residents to have no time without pay) access to city hall for 1 week at a time? Creates public awareness of budget i pact Reduce Temporary? Staff reviewing professional services by % Delay update of $3,000 Decreased direct Code handbook or communication, info put on-line still available CAPITAL BUDGETS Senior Staff will be meeting next week to develop a prioritized, reduced list of capital projects for 2009 for the Council's review and discussion at the February 12 work session. Suaqestion Temporarv/Permanent Est. Savings Comments Defer major Temporary Staff reviewing purchases Defer construction Staff reviewing of Twin Oak pond in case better alternatives available Consider Change in Council purchasing vehicles philosophy with equipment regarding purchase certificates rather of vehicles than with cash on hand Eliminate transfer to $98,900 Change in Council FERF — use cash philosophy on hand and regarding purchase equipment of vehicles certificates to purchase fire vehicles Decrease WMFD Temporary Requests WMFD minor capital budget Board a roval REVENUES Suaaestions Temi)orarv/Permanent Est. Revenue Comments Institute vacant Permanent $150,000 Minneapolis, property registration (conservative and Brooklyn Center and fee revenue will decline currently have sharply when real Enforceability? estate market returns to normal) Charge for ? $25 x 8 permits/year Nominal charge — beer/wine permits at worth the staff time? CCC and city parks Franchise fees on Permanent $300,000+ Additional burden gas and electric (depends on how on residents, but customers fee is structured) can offset lost revenue — may impact typical residential user $1.75 per month per utility bill Applies to all properties using gas and electric, including tax exem t roperties Sell advertising for ? inserts in water bills Sell advertising in ? Need to establish city newsletter policy, staff time involved? Sell a city park One time source of funds — should go for one-time expense, not expense Add a transaction Researching fee for credit card whether we can tranactions legally At its February 3 and 12 work sessions, the Council should discuss these options and provide direction to staff. One approach is to use the Feb. 3 discussion to focus on the assumptions and look at specific recommendations on Feb. 12. 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