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HomeMy WebLinkAbout1993 09-07 City Council & Manager MeetingCITY COUNCIL/ MANAGER WORKSHOP OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD 5:00 p.m., Tuesday, September 7, 1993 Maplewood Room, City Hall AGENDA A. CALLTOORDER B. ROLLCALL C. APPROVAL OF AGENDA D. ROADWAY LEVEL OF SERVICE E. COMMERICAL PROPERTY STUDY F. EMPLOYEE/ COUNCIL CODE OF ETHICS G. DRAFT OF 1993 -94 FIRE DEPARTMENT CONTRACT OTHER BUSINESS H. OTHER BUSNIESS 1. Reply To Andy Dawkins Article 2. Community Center Pool 3. Bike Safety Training I. FUTURETOPICS J. ADJOURNMENT Background Information D. Roadway Level of Service At the August 2 Council /Manager meeting, discussion of these two items was tabled. City Engineer Ken Haider will attend the meeting and talk with the Council about establishing a certain level of service or quality standards. The Project Review Committee's report is attached as well as Mr. Haider's memo about the condition of Maplewood's streets and long -term plan. E. Commercial Property Study This item was tabled at the July 26 Council meeting for further discussion. Community Development Director Geoff Olson will be present for this discussion. F. Employee /Council Code of Ethics There have been past discussions about adopting a code of ethics for all City employees. Many other cities have adopted these rules or guidelines about appropriate gifts, conflicts of interest, and the public's perception of a conflict. Attached is a draft of the code. G. Draft of the 1993 -94 Fire Department Contract Attached is the draft copy of the 1993 -94 Fire Department contract. Mr. Bill Bruen and the City Manager used the Council's input to finalize this draft. I > / D_� MEMORANDUM AGENDA N0. IRATE. June 30, 1993 TO: Mayor and City Council FROM: Project Review Committee RE: COMMITT'EE'S RECOMMENDATIONS y BACKGRO - The Project Review Committee was formally appointed in October, 1992. The Committee is composed of three residents - Don Misgen, Joe Fittipaldi, and. Jun Roehl; a consulting engineer - Dave PMatzke of Short, Elliott and Hendrickson (also a resident of - Maplewood); a contractor - Frank Frattalone; and four City staff persons - Director of Public Works Ken. Haider, Assistant City Engineer Bruce Irish, Engineering Techni Te rry Metz , City g and Assistant Ci Manager Gretchen Maglich as staff support. The charge of the Committe was to review how public works projects are currently g P being handled and to propose changes that would improve the process. in addition, the Committee was asked to recommend an assessment policy and different types of road designs for the community. The Committee met six times and discussed: * Communication problems * Enforceability of contracts * Roles and responsibilities of contract engineers, City staff and contractors * A basic Maplewood standard design * Neighborhood input City communications with residents * Assessment policies The Committee feels that it has completed its tasks as assigned, and the following recommendation is res ectfull submitted to the -City Council for review and P Y consi deration. _ RECOMMENDATIONS ' must be committed to a long-term program which su f 1. The Cary Council m g p g� su .a to provide roads sanitary , and utilities vision for Maplewood p �Y sewer storm sewer at a specified level of service. The first step in this process is the City Council definin g a level of service for the City. The definition of level of service would lean toward an almost subjective set of criteria that. could be applied aide. Items defining evel of service a be q uality statements such as "Durable streets .g may y q consistent with the modern design standards should be provided throughout the Ci or "Sant sewers limiting nfiltration and inflow to cost - effective levels g City , "Sanit must be maintained in the City." A series of statements like these provide a solid basis for developing a long -term implementation program. 2. A. series of basic standard Maplewood designs should be established. The basic P . designs are tied to the level of service that was mentioned in the first recommendation. This does not mean that all Maplewood streets will be identical. In fact one fixed standard "City of Maplewood" design does not seem approp for a commun such as Maplewood which has many unique and �' varied neighborhoods. level of service can be achieved through different designs. In addition, The 1 g options that g y ma p a neighborhood refer can be added to the basic designs. These may options include street lighting, landscaping, sidewalks, or even more P Y li � g exp ensive scheduling requirements for the contractor. The Engineering P q department should examine each neighborhood and project on an individual basis. Additions or changes from the basic designs can be recommended for each p ro j ect price, based on need, rice, and neighborhood desires. 3. Staff should provide a chronological plan for improvements to meet the specified level of service. Through THE PAVER, Engineering will supply the City Council will a long-term plan for maintenance and capital investment costs for the pre- determined level of service. 4. Public input would be solicited from the residents -who are going to receive the public ' im p rovement. This could be done with a Maplewood in Mo., tion snail -in surve y or a ne i g hborhood meeting. The purpose of* the survey and meetings will g g be to assess residents' feelings about the proposed basic improvement plan, options available and estimated costs and assessments. The notice is intended to inform the residents that the City is committed to doing the project and an assessment is upcoming and unavoidable. The options will have a price attached to them which will be assessed to the property owners. The City will also use this as an opportunity to advertise for a neighborhood advisory group to represent the neighborhood's feelings through the remainder of the project. S. Inforniarional meetings will be conducted by City staff for a specific neighborhood about a specific project. At this step in the process, it is important to make sure that the residents know exactly what they are getting. Their expectations must match the design that the City is putting out to bid. At this point, a neighborhood advisory board should be selected to represent the neighborhood through the design and construction phases. 2 6. City Q staff conducts the required feasibility study for the project. Spec for the ro'ec are written using the basic plan and the y- Specfi t p j , g, p neighborhood's selected options such as mcentive clauses for early completion, penalties f or dela s, certain centage of work must be performed by the p Y P�' general contractor, landscaping, lighting, etc. The consulting engineer and contractor are also involved in this process. 8. Informational meetings or other communications through the neighborhood's advisory board should be conducted to :keep the residents unformed about the progress or changes m the project. 90 g � es should be made in the construction contract documents that: Empower the project engineer in the field with more authority; Increase the authority of the Director of Public Works to suspend and take over project operations if the required work is not completed according to specifications and directions; Provide clear andunmediate penalties for deficient work; Require the contractor to restore property to its original condition and allow the City to do the work and the contractor if the contractor does not respond within 48 hours to a notice and Require that all disputes between the City and contractor will be decided by arbitration at a location within the Maplewood/St. Paul area. Recommended additions to the biddin g specifications cifications include: Re u' Q g Having tie contractor provide a representative available to respond to questions and concerns of the project engineer, project engineer's designee, or citizens 24 hours a day via a cellular phone; Re uirin the contractor to keep a log of citizen issues and their resolutions; Q g and Requiring the prime contractor to perform a majority (or some designated percentage) of the project work. 10. The assessment policy should reflect a 75/25 ratio of project costs. In other words, 25% of the project costs should be assessed to the individual property owners and the remaining 75% of the costs should be funded from other City sources. If the neighborhood would like to add special optional design features such as additional landscaping or street lighting, the costs for these items would be 100% assessed. The assessment policy should be presented to the residents within the project area as early in the process as possible. 3 Conclusion to work on this project We thank . you for the opportunity p J ect on behalf of the residents of Maplewood. It was quite an., educational experience, and we all learned a great deal Map fro m each other. It became evident to us that there are no easy and simple solutions for designing g J ' 'n and funding major public works improvements. But we also - recognized . that we need to be concerned with not only the condition of our own street but also the condition of the entire City's infrastructure. We strongly urge you t g o commit to -and adopt a long-range a P lan for the City's streets, utilities storm. sewer, and sanitary sewer improvements both the capital investment and maintenance. • We also urge the qty to promote the established p ro g- Educate the residents, property owners , and businesses about the program .and its costsjbenefits. dy we o ffer these recommendations as alternatives to the current process. Some o e suggestions are new to the industry. Some may work and some may not. But th gg _. mentation is trying something new and 1 g from it. ' which we live and we ho We are proud of the community m wlu a that you are able to use P commendations m* a manner that romotes a positive change. our re P The ProJ j ect Review Come ittee Gary Bastian - Ex- officio 'Terry Metz rY Joe ' ` ald Don Misgen Frank Frattalone Dave Pillatzke Ken Haider Jim Roehl Bruce Irish f 4 TO: FROM: SUBJECT: GATE: City Manager MEMORANDUM Director of Public. Works Pavement Management System (PAVER) July Zs, 1993 AGENDA NQ. D-2 The last time we talked about this subject, the original report was presented to the city council In general Maplewood streets are in reasonably decent condition. Projection of the data, however, does provide a basis for concern. Most of Maplewood streets are : more than ten years old and almost a third are over twenty -five years old. As you might expect, the older the street, the more maintenance is required. We also discussed the importance of performing maintenance at the proper time in order to salvage the maximum investment in the.street. Since our last meeting, a maintenance strategy has been developed for each of the ten distresses that were rated. The attached table is a recap of Maintenance Policy 1. The first column identifies the ten different distress categories. The second column identifies the severity of each of the different types of distress. The third column shows the repair to be done for each category of distress and severity. The last two columns identify the cost and unit for each repair strategy. The entire street system-was analyzed using Maintenance Policy No. 1. If we lump together the three types of patching, the total is 990 square feet. That represents an area just slightly larger than twenty football fields. The estimated cost is approximately $3.3 million. When we add together the crack - sealing and crack - milling items, they total over 600,000 lineal feet of repair. This carries an estimated cost of over $800,000. All the repair cost identified by Maintenance Policy 1 equal slightly over $4.3 million. This maintenance strategy, however, is not realistic. There is one missing element. In a number of cases, it is evident that the repairs are so extensive that reconstruction of the street would be more reasonable. in order to analyze the situation further, the city mist develop a level of service for reconstructed streets. Once a reconstruction cost can be identified, PAVER can analyze the cost- effectiveness of repair versus reconstruction for each segment of roadway In the city. The information could then be used to develop along -term program of reconstruction and major maintenance. During the time it takes to develop this program, our best streets will not be ignored. In 1993 and 1994, virtually all of the permanent streets in the city will receive a seal coat. In addition, several mill and overlay jobs, like Conway Avenue, will be proposed for state -aid streets next summer. PAVER 2- July 26, 1993 It is important at this time that the city establish a level of service for the various streets and utilities under its jurisdiction. The project review, committee has given some good recommendations and directions to follow in this effort. The first step in this process would be a research effort to identify what other cities have done regarding levels of service, street designs, assessment policies, etc. Once this information is collected and analyzed, it would be brought beck for further discussion. KGH 1W Attachment r Distress Sev Work Type & Description Cost Unit 1 ALLIGATOR CR H PA -AD Patching -- AC Deep 6.00 sq , f t* I'ALLIGATOR CR M PA -AS Patch - AC Shallow 4.00 sq. ft. I ALLIGATOR CR L CS -AC Crack S ealing - AC 1.2 0 f t . 3 BLOCK CR H CM -AC Crack Milling-AC 2 .00 ;ft. 3 BLOCK CR M CS -AC Crank Sealing - AC 1.20 ft. 3 BLOCK CR L SC -AC Seal Coat -AC - .45 sq. yd. 6 DEPRESSION H PA -AS Patching - AC Shallow 2.00 sq. ft. 6 DEPRESSION M PA -AS Patching - AC Shallow 2.00 sq. ft. 7 EDGE CR H PA -AD Patching - AC Deep 6.00 .sq. ft. 7 EDGE CR M PA -AS Patching - AC Shallow 2.00 sq. ft. 7 EDGE CR L CS -AC Crack Seal 4W AC 1, 20 ft. 9 LANE SH DROP H PA -AL Patch - AC Leveling 2.00 .sq. ft. 10 L & T CR H CM -AC Crack Milling -AC 2 ft. 10 L & T CR M CS -AC Crack Sealing - AC 1.20 ft. 10 L '& T CR L SC -AC Seal Coat- AC . 4 5 sq . yd . 11 PATCH /UT CUT H PA -AD Patching m- AC Deep 6.0 0 Sao ft* 11 PATCH/UT CUT M PA--AS Patching - AC .Shallow 2.00 sq. ft. 21 1 , 15 PATCH /UT CUT L SC -AC Seal Coat -AC .45 sq. yd. 15 RUTTING H PA - Patching - AC Shallow 2. 00 sq. ft. RUTTING M PA -AS Patching - AC Shallow 2 .00 sq. ft. 7 SLIPPAGE CR H PA -AD Patching - AC Deep 6900 sq. ft. X 17 SLIPPAGE CR M PA -AS Patching - AC Shallow 2,0© sq. ft. 17 SLIPPAGE CR L SC -AC Seal Coat -AC .45 sq . yd. .19 WEATH /RAVEL H PA -AS Patching - AC Shallow 2 900 sq. ft. 19 WEATH /RAVEL M SC -AC Seal Coat -AC .45 sq. yd. 19 WEATH /RAVEL L SC -AC Seal Coat -AC .45 sq. yd . e� AGENDA NO. E MEMORANDUM � L 4 �+ Action by Council:, PJ Endorsed.._,_ TO : City MaI13gt'.t Modified FROM: Director of Community Development Rejected SUBJECT: COmIIierclal Property Study Date.. DATE: June 30, 1993 INTRODUCTION The. - City Council should review the attached list of issues for the commercial property study. BACKGROUND On March 22, 1993, the City Council approved the Planning Commission's recommendation for a commercial property study. The Council directed the staff to initiate and coordinate a commercial property study. The study is to evaluate the realationship between commercial and residential zones and the control of the intensity of commercial property. DISCUSSION The Planning Commission developed a list of issues to study. The HRA and Community Design Review Board have approved this list. The Council should review it and make any changes or additions they want before we start this study. RECOMMENDA110N Review the attached list of issues and make any changes or additions. WHAT PROBLEMS DOES THE CITY HAVE WRti COMMERCIAL AREAS OR .MAJOR STREET CORRIDORS? PROTECTING SINGLE DWELLING NEIGHBORHOODS FROM COMMERCIAL USES 1. The City should deterntine if there are infra -city land use conflicts at the City's boundaries. An example is the effect of a proposed I-494 interchange in Woodbury on traffic and development in Maplewood. Another example, the area of Century Avenue and Stillwater Road, 20 Single and double dwellings around commercial uses are becoming blighted. An example is the homes west of Duluth Street on County Road C. The City has zoned them commercial. This discourages property owners from maintaining these homes. 3. There is not enough buffer between R -1 (single dwelling) and commercial or multiple dwellings. (We are excluding mixed use planned unit developments. from this problem.) 4. Bothersome types of commercial, such as fast food, are too close to single dwellings. These commercial uses create nuisances, such as litter. 5. The City needs to ease and relieve commercial noise, trespassing, visual impact and traffic infiltration through single dwelling neighborhoods. 60 Is the City planning transition uses between commercial and single or double dwellings or following the market? 710 Continuous commercial spread along major streets and around the corner, into residential neighborhoods. 8. Non - conforming commercial uses in residential zones, such as don John's commercial business on Stillwater Avenue. GENERAL COMMERCIAL PROBLEMS 9. The Mall area is already overdeveloped with commercial uses. Additional commercial development will cr€ate -problenLS for surrounding land uses traffic congestion, esthetics, too many signs, too little green area and too many people. 10. The City does not regulate commercial uses based on intensity of use. The City should only allow parking ramps to increase green space but not to increase building area. I Y 2 r 11. Commercial and apartment development increase crime and bring in gangs from outside the City. TRAFFIC 12. Traffic on Hazelwood Avenue from Highway 36 to County Road D. 13. Traffic conflicts at County Road B and White Bear Avenue. (Caused by the Fina station.) The proposed Community Center will worsen the situation. 14. Traffic around the Mall area as it develops. 15. Do we need a new interchange on I-694, between Highway 61 and McKnight Road? What would be the impact on the Mall? 16. Traffic problems on North St. Paul Road and Ripley Avenue if the School District builds a high school on Goodrich Golf Course. 17. Road jurisdiction (turn -back of roads to the City). What condition will the City get these streets in? What will be the cost to Maplewood? 18. Rice Street traffic. 19. Need a bridge over the railroad tracks on Larpenteur Avenue, east of Rice Street. 20. Do the long -range plans for Highway 36 include frontage roads? 21. Can the fence be removed on the BN bridge over Highway 36 so people can use the bridge? IMPROVE COMMERCIAL DESIGN 22. The criteria for new commercial design. Need more green area and landscaping, maybe based on a percentage of value. Need breaks in parking lots for green areas and landscaping. Could the City allow a developer to phase in the parking as the project needs it? The City should review the parking standards in the ordinance. Sign criteria needs review. 23. Screening is not aesthetic between single dwellings and other uses. 249 Could builders put commercial mechanical equipment somewhere instead of on the roof? Owners do not maintain roof - screening and materials are not attractive. Consider metal instead of wood slats. Should there be special added conditions if g `t the site abuts residential areas, particularity where there are, significant elevation ` differences? MISCELLANEOUS 250 Fiscat disparity: Does this effect the City's decisions on commercial development? Is the Metropolitan Council encouraging coaunercial development in the southwest and western suburbs by allowing highways and utilities to be built there? Is the Met Council changing there direction. 26. Is the Farm Zone still valid? Should we limit it to farms? Should F areas be-. R -1? The F zones do not reflect the planned land use. 27. Should we use or revise the PUD ordinance to use it as a transition zone and for small parcels? 28. How to deal with businesses that go out of business and redevelopment of existing businesses. How can the City control this? Changes in use have an effect on .parking and possibly the surrounding uses. Can we require the new business to be brought up to current code standards? 4 Community Design Review Board Minutes 6f 6 -22 -93 -3- B. If the Shoppmg Center Manager agrees, allow Goodyear to add a seven-foot- wide panel on e shopping center's main pylon.. This panel shall be in the space that the � 'ty approved for the Cinema "N' Draft House. Approval is subject to remo ' g the existing Goodyear sign panel. Boardmember Anitzb er seconded Ayes —all co Code Change - Buil ' Pl Review Procedure Ordinance The Board discussed th three options proposed for this ordinance. Boardmember Rob on owed the Community Design Review Board recommend approval of the linanc changing the procedure for review of building plans to require that th City no ' the neighbors of a request for a different front setback. Boardmember Erickson sec o ded Ayes --all D. Commeraal Property Study The Board discussed limiting the number of issues to be studied and suggested studying areas such as Century Avenue, rather than White Bear Avenue which will most likely become a multi: lane street in the future. Boardmember .Thompson moved the Review Board accept the Commercial Property and Major Street !Corridor Study and to further recommend that references to individuals and specific businesses be deleted from the report. Boardmember Anitzberger seconded Boardmember Anitzberger moved to amend the motion - noting that the Review Board did not have any additions or deletions. Boardmember Thompson seconded Ayes --all The amended motion was voted on Ayes --all Vtl. VISITOR PRESENTATIONS There were n visit reseatations. V11 1* PRES ATIONS A. June, r; en 'Meeting. Boardmember Robinson reported on this meeting Hra Minutes of 5 -11 -93 -2- 7. NEW BUSINESS a. Commer+cia2 Property Study Ken Roberts, Associate Planner, presented the staff report. The HRA discussed the report and was .generally in agreement with the specifics of the staff report. The HRA questioned Number 3. They wondered whether the buffer area should apply to differing housing types in a PUD. b. Housing Maintenance Code Ken Roberts, Associate Planner, presented the staff report. The HRA discussed this item but took no action on it. Co Manufactured Home Buymg an ' Gary Pearson Comaiissioner Pearson p ented information about manufactured housing and financing tb, the Co ' sion. The HRA viewed a video tape about manufactured housing. The�HR.A 'cussed the current status of the mobile home industry. It has been difficult o pt�financing for mobile homes built before 1976. This is because HUD rules for aiiufactured housmg began 1976. T hese rules require .improved , construction an safety features in manufactured homes built since 1976. Thus buyers of units b ' t before 1976 cannot get financing for them unless the units have been _updated to et .the current standards. 8. DATE OF N MEETW a. June 1993 9. ADJOUR MENT The meeting adjourned at 9:35 p.m. j, 3. The drive and one house would not alter the essential character of the 4. The City approved other homes on private driv This resolution re q ' es that the property owners the following before the City issues a building ennit: 1. Record an agreem t against the prop that: a. Requires that the roperty owner maintain, plow and sand the driveway to the satisfaction f the Dire or of Public Safety. b. Holds the City ss - an emergency vehicle cannot get to the house because of the conditi nor steepness of the driveway. The City Attorney shall dfaft this agreement 2. Give the City Engine a gra ' ,drainage and erosion control plan for the proposed house an driveway. e driveway must be an all- weather surface, at least twelve fe wide, to mee the Fire Code. The house location must � meet the regvir tints of the Ci environmental protection ord � =:3ce for steep slopes. e City shall not is a building permit unless the �:rty Engineer an the Fire Marshal app r e this plan. All construction must be according t this plan. 3. Install a ign at Sterling Street and the 'veway that states the address of the ho e and that the drive is private. B. App rov of a front setback of 745 feet for this ite. The owners may move the house er back if needed to meet the Cites s pe ordinance. Co Toner Gerke seconded Ayes --all The)fiiotion passed. D. Corunercial Property Study Secretary Olson presented the staff report. The Commission discussed this study and the List of discussion items to be submitted to the City Council. The Commission added a sentence to Number 24 as follows: "Should there be special added considerations when site immediately abuts residential areas, particularly where there are significant elevation differences ?" AGENDA No. F t GOVERNMENTAL ETHICS POLICE' PURPOSE Maplewood's Governmental Ethics Policy contains provisions which are intended to assure not only the fair and impartial administration of municipal affairs but an atmosphere in which ethical considerations are in the forefront. The purpose of this policy is to establish guidelines for standards of conduct for elected officials, appointed volunteers, and public employees that are not covered by Federal and State laws or local ordinances. City government officials and employees are expected to act legally. If they do not, they are subject to many civil and criminal penalties.. This policy is not intended to interfere with laws related to government ethics /confiict of interest. However, being a government official, you must go beyond merely fulfilling minimum legal requirements. This policy is to address those ethical issues those hard to define standards b y which one is measured .in the public's eyes. The actions of Councilmembers, employees, and members of appointed boards or commissions need to be and need to be perceived to be in the best interests of the City as a whole, because those individuals must maintain the confidence and faith of the citizens of the City. Their actions as individuals and their official_ acts as a body should be bound to the highest standards of morality, personal integrity, fairness, justice, respect for the public trust' and a commitment to high work standards. PERSONS COVERED This ethics policy applies to elected officials; appointed members of advisory boards, commissions, and committees; and employees. As a group, these individuals will be referred to as "government officials" in this document. ACCEPTANCE OF GIFTS Government officials shall not directly or indirectly solicit any personal gifts and /or services. Gifts of any size including money, services, loan, travel, entertainment, hospitality, or a promise, are unacceptable under circumstances in which it could be reasonably inferred that the gift was intended to influence him or her in the performance of his or her official duties or is intended as a reward for any official action on his or her part. Acceptable gifts and gratuities are defined as: * awards for meritorious civic service contributions; * unsolicited items that are donated to and shared by the work group such as food items or flowers; 1 S. * unsolicited advertising or promotional materials such as pens or calendars with a value under , 15.00 unsolicited gifts when the gift is in connection with widely attended gatherings such as receptions and grand openings where other dignitaries or customers have .been invited, where the official or employee is invited in his or her.official capacity, or where if he or she did not attend it would reflect negatively on the city. CONFLICT OF INTEREST Elected Officials It is the policy of the City of Maplewood that elected officials disclose any conflicts of interest or circumstances which would give the appearance of a conflict of interest whether or not a conflict exists. No .elected official shall appear on behalf of another's private interest before the Council, any commission, board, or committee of the City nor shall he or she represent another's private interests in any action or proceeding against the interests of the city in which the city is a party. State law prohibits elected officials from making any sale, lease or contract in their official capacity where they have a voluntary personal financial interest or where they will personally benefit financially from the action. Also, an elected official with a direct conflict of interest will not be permitted to vote in such a situation. Members of Advisory Boards, Commiss ons, or Committees It is the policy of the City of Maplewood that appointed members of advisory boards, commissions or committees disclose any conflicts of interest or circumstances which would give the appearance of a conflict of interest whether or not a conflict exists. Volunteers in this capacity should not vote in cases where they have a personal financial interest or where they personally benefit from the board's action. C employees It is the policy of the City of Maplewood that employees disclose any conflicts of interest or circumstances which would give rise to an appearance of a. conflict of interest. An employee may not influence any action or. business item which constitutes a conflict. An employee may not engage in any activity or become involved in any arrangement, directly or indirectly, which conflicts or may reasonably be viewed. as conflicting with the employee's obligations and responsibilities to the City. K l } Specific conflicts of interest are listed below f guidance only. It is not intended g Y to be an inclusive list. 1. Incompatible employment - holding position in addition to a public position g p p p on which interferes or may interfere with the proper discharge of the ublic duty tY 2. Use of confidential information - using r disclosing for monetary gain or g g rY g personal advantage any confidential information learned in the course of their official duties. 3. Unwarranted use of city position - using is or her osition or the o�wer g p p or authority of his or her City office, to induce or coerce an pe rson to provide Y p p de anything of value to them. 4. Solicitation of personal gifts and favors. a -r 5. Holding investments which interfere or tend to interfere with the er ro p p discharge of public duty. s. Personal interest in legislation to the extent that p rivate interest takes .precedence over public interest and public duty. 3 ��enda /U0. � 1 FIRE PRDTE TION AGREEMENT THIS AGREEMENT entered into by and between the City of Maplewood, a municipal 3 corporation, hereafter referred. to as "City" and the 4 Minnesota non- profit corporation, hereafter referred to as "Department," 5 wITNESSETH: Fire Department, a G WHEREAS, the City is authorized by law to provide fire protection for all of the 7 property in said City; 8 WHEREAS, the Department owns fire apparatus and equipment consistent with the 9 standards of the National Fire Protection Association, for the purpose of providing general fire -,)0 suppression to include interior structural fire fighting, extrication and vehicle rescue, emergency 11 medical service and hazardous materials response, which equipment is housed in fire stations 12 located at ; and Exhibit A represents an inventory of types of 13 equipment, model numbers, serial numbers and date of purchase of said equipment. 14 WHEREAS, by this Agreement the City and Department desire to contract for providing 15 fire protection, to include but not limited to interior structural fire suppression; vehicle rescue 16 and extrication; basic life support emergency medical services and hazardous materials response 17 at the Operational Level as defined in 29 CFR 1910.120; and to set forth the various rights and 18 obligations of the parties with regard to such services. 19 NOW, THEREFORE, the City and the Department, in consideration of the following 20 provisions and covenants, do hereby enter into the following service contract Agreement: FINAL D s CCM DOMAL W 1 1. Terns. This Agreement shall define the terms and conditions of the relationship of the City and the Department from January 1, 1993, until December 31, 1994, unless 3 terminated by either party upon 90 days written notice, or amended by the mutual consent 4 of the parties or pursuant to ether provision of this Agreement. In the event the parties 5 are unable to reach an agreement on the amount of compensation for an subsequent y � b years, then in that event, the terms and conditions of this Agreement and the contract amount of compensation of the prior year shall remain in effect until one of the following 8 events occurs: (1) an amount of compensation is determined by good faith negotiations; 9 (2) the Agreement is terminated by either party upon 90 days written notice; (3) if the 10 issues are arbitrated, then, until the issue is resolved by the Arbitrator. 1 2. Theme agrees: 12 A. To engage the services of the Department for general fire suppression to 13 include but not limited to interior structural fire suppression; vehicle rescue and 14 extrication; basic life support emergency medical services, and Operational Level 15 hazardous materials response within the City during the term of this Agreement. 16 B. To pay the Department for its services during the term of this agreement. 17 1). The amount to be paid to the Department for 1993 and 18 1994 shall be in accordance with the schedule as follows 19 - * 1993 Operating Expense $ 20 * 1993 Capital {outlay Expense $ 21 _ * 1993 Response Expense $ 2 FINAL DRAJPT,- CONFIDENUAL 08-31-93 1 2 3 4 5 fi 7 8 9 10 12 13 14 15 16 17 18 19 20 21 * 1994 Operating Expense $ * 1994 Capital outlay Expense $ * 1994 Response Expense $ a. The operating Expense will reflect all direct expenses of the department. b. The Capital Outlay Budget will include p urchase and/or refurbishing costs and debt service for items of apparatus and equipment. City approval is required for the urchase of apparatus PP aratus and equipment that has a unit price g reater than $5000.00. C. Response Expense will be based on the fiscal ear ave rage rage number of responses for a three ear period preceding the y Pe P g scheduled payment year. The maximum number of Pe rsonnel that may be used to calculate response expense is: 1 Structure fires: 25 firefighters. 2 vehicle, trash, wildland and other miscellaneous scellaneous fire calls requiring a single apparatus: 4 firefighters. Rescue (vehicle accidents, extrication etc.: 6 EMS responders and 4 firefighters. 4 Hazardous materials: 25 firefighters d. In the event there are extraordinary ncidents i , e. large � � e g commercial structure fires, natural disasters etc. the P ersonnel costs 3 FINAL DR AFT ,, COMA 08 1 will be factor. ed into the curr. ent P ears p based on actual Y 2 costs incurred b the depa rtment as reported n Y pa po o the monthly 3 incident report. ort. 4 Payment will be made to the fire . Y department at the beginning of each fiscal uarter based on the schedule in paragraph � p agrap 1, ..above. The b quarterly payment for Response Exp ense shall be calculated Po pe based on the 7 average number of responses in that fiscal quarter averaged for the 8 previous three Y ears. 9 3). In the event the arties are unable to reach agreement on P g the 10 amount for any subsequent ears, the dispute shall be resolved �' P 1 expeditious) b final and binding arbitration as provided . Y Y g p did for in paragraph 12 10 s below. 13 4). If for any reason this agreement is canceled during a fiscal u g g quarter 14 for which a payment has been advanced those funds will Y be returned to 15 the City. 16 C. In addition to the contract price, the City f it so elects may contribu ty, y e 17 to the Maplewood Relief Association on behalf of all Department members, 18 monies to fund the current level of nsi ' pe on benefits as required by statute. The 19 City will limit its contribution to support a maximum of firefighters. PP 20 D. To rovide one advanced life support • P PPort unit to each fire station, said 21 vehicle to be equipped and maintained at City expense, Pe nse. 4 FINAL DRAPIr 11L COMDENUAL 08-31-93 1 2 3 4 5. 6 7 A 9 10 )1 12 13 14 15 if 17 1$ 19 20 21 E. According to its maintenance plan and at its expense, the City shall adequately service and maintain the two units of aerial apparatus now owned by the City and operated by the Department. F. The City agrees to secure insurance for its vehicles used b y the Departments in an amount equal to its statutor imits of municipal liability,, ry p ty G. The City will select a representative to institute and maintain throughout the agreement period a quali ty program control designed to insure that the services � are provided at all times and in all respects in accordance with this Agreement. H. The City will make arrangements for Technician/Specialist level of response to ous materials incidents. 3. The Devartment Agri A. To respond to all alarms for fire, rescue, extrication, emergency medical and hazardous materials incidents with the minimum appropriate personnel and apparatus according to the following schedule: 1) . Fire and rescue incidents or alarms One officer qualified at the Fire Officer II level in accordance with National Fire Protection Association standard 1021, 1992 Edition: three fire fighters qualified at the Fire fighter I1 level of National Fire Protection Association standard 1001, 1987 Edition, and one fire fighter qualified at the Basic Driver /Operator fevel of National Fire Protection Association standard 1002, 1988 Edition. 5 • FINAL DRAFT - cortrIDErmAL 1 08-41-93 1 2) Emergency medical service incidents : 4 fire fighters certified at the 2 Emergency Medical Technician Level - Ambulance by the Minnesota 3 Department of Health. 4 3) Hazardous . materials incidents: all personnel qualified at the Operational Level according to 29 CFR 1910.120 to include a minimum 6 of one officer qualified at the Incident Command Level, The Department 7 will provide Incident Command and has the authority to increase the level g of response. 9 B. To provide mutual aid in the form of personnel and apparatus requested 10 to other fire departments responding within the limits of the City. C. To maintain mutual aid agreements with the Capitol City Regional Mutual 12 Aid Association for the duration of this Agreement. 13 D. To submit incident reports to the City on a monthly basis in the format 14 prescribed by the City. 15 E. To have as its primary area of response the area (legal description or 16 geographic ln..A n r i.. P .I a 17 F. To, in cooperation with the other two departments, submit the names of 18 three persons, one of who will be selected by the City to act as a contract 19 administrator for this Agreement representing the Department. 20 G. To maintain fund balances which do not exceed 10 percent of their 21 expected revenues from the City for any fiscal year. If the department has a fund 6 FINAL r - COrrrrIAt 08-31-93 i balance exceeding 10 percent of the revenues for a given fiscal year, a report shall 2 be submitted to the City explaining the plans for liquidation of any fund balances 3 that exceed the 10 percent limit. If the department carries any fund balances 4 which exceeds the 10 percent maxtmum it will not be eligible for any payment 5 increases during the current agreement period. f H. To fund capital outlays for apparatus and equipment where the unit cost 7 is less than $50 8 I. To implement a study of available data to determine what mix of staffing 9 levels and response times from existing stations provide the greatest response 10 capability at the lowest cost. Based on this study, the Department will submit a 1 plan to the City for adding, deleting or relocating facilities or other resources not 12 later than July 1, 1994. The City will appoint one participant to the working 13 group for this study. 14 4. Insurance. The Department shall maintain insurance of the types listed 15 below and such other coverage at it deems appropriate, 16 A. worker's Compensation - Statutory limits 17 B. Comprehensive Liability - $1,000,000 18 C. Fire and Extended Coverage - 90% of replacement cost nanxing the City 19 as an additional insured for City property stored or used by the Department. 20 21 7 t NNAL tWAFT - COMDENTIAL j 08-31-93 5. Indemnification. 2 3 4 5 6 7 i 12 13 14 15 16 17 18 19 20 21 1 A. The City does not agree to save harmless or indemnify the Department from claims of injury or damage due to negligence of the department in performing those duties reserved to the Department, including but not limited to operations, acceptance of design, maintenance or functions of operations during the term of this Agreement. B. The Department hereby :represents that the Department is in compliance with Title VII, Americans with Disabilities Act, Minnesota Human Rights Statute, et al, state and local ordinances. The Department and its agents assume all liability with respect to any complaints or violations of Minn. Stat. Chap. 363 et al, Title VII and Americans With Disabilities Act and the Department and its agents agree to save harmless or indemnify the City from such claims, including but not limited to attorneys fees. 6. Termination of A reement In the event of cancellation, all department leases with the City for buildings .shall also be canceled. The Department shall vacate said buildings 90 days after said cancellation. In the event of said cancellation., all City equipment shall be inventoried by the Department. Said inventory shall be certified to the City within 90 days. 7. Amendment. This agreement may be amended at any time by the mutual consent of the parties. Any such amendment shall be in writing and will be attached to this agreement. 8 a i 08 1 8. Priority, of ReS nse The Department may enter into contracts with 2 other governmental units or private parties to provide fire protection services. The 3 Department will insure that the minimum response criteria outlined in 3.B., above is always available to respond within the City. 5 9. Miscellaneous. 6 A. Nothing in this agreement shall be construed to obligate the City for the 7 operation, maintenance, or repair or replacement of any equipment or apparatus 8 owned by the Department. 9 B. Annual Audit, The City requires an annual audit of the Department 10 with respect to use of City funds to be performed by a certified Public Accountant. The audit shall be completed within 90 days of the end of each fiscal 12 year and forwarded to the City. 13 C. In the event the City elects to establish a municipal fire department, the 14 Department shall cooperate and coordinate with the City for an effective transition 15 of fire protection tasks. This cooperation is based on representations of the 16 Department concerning health, safety and welfare of the citizens of Maplewood. 17. 10. Disnute It.esolution. Any dispute regarding interpretation of or 18 compliance with the terms of this Agreement shall be resolved by final and binding 19 arbitration. The Minnesota Bureau of Mediation services will be requested to furnish said 20 arbitration services and the cost of arbitration will be borne equally by both des. Upon 21 agreement of arbitration by the parties, said arbitration shall be expedited and completed " 9 a a �S 1 2 3 4 5 6 7 l� 9 10 11 12 15 16 17 18 19 20 '21 22 23 24 25 26 27 28 z� 30 31 32 33 34 X� J NA DRAF T ,- CO NRDOffI AL 1 within 60 days of said agreement. to notify. Each party shall be responsible for its oven expenses connected with the arbitration process. IN WITNESS WHEREOF, the City and the Department have executed this agreement on the dates set forth below. Dated: Dated THE CITY OF MAPLEWOOD By Its Mayor By Its Manager FIDE DEPARTMENT B Its Chief By Its Secretary 10 , 4 4 FINAL, DRAFt _ COM4DONTLAL 08 1 Exhibit A to Agreement Between the City of Maplewood and the Fire Department, 2 dated 3 DATE OF 6 TYPE of EQUIPMENT MODEL NR. SERIAL QTR PURCHASE 8 9 10 11