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HomeMy WebLinkAboutJanuary 4, 1993 Work SessionNOTICE OF OFFICIAL MEETING Notice is hereby given that an official meeting is to be held in the City of Columbia Heights as follows: Meeting of: Date of Meeting: Time of Meeting: Location of Meeting:. Purpose of Meeting: 8:00 - 8:20 8:20 - 8:35 8:35 - 9:05 9:05 - 9:15 9:15 - 9:35 9:35 - 10:00 10:00 - 10:30 10:30 MAYOR, CITY COUNCIL, AND CITY MANAGER MONDAY, JANUARY 4, 1993 8:00 PM CITY HALL COUNCIL CHAMBERS 590 40TH AVENUE N.E. WORK SESSION 1. HRA - finance and other savings ideas 2. Job description review - Assistant to the City Manager 3. Hilltop sewer status 4. C.D.B.G. public service proposals 5. Sidewalk replacement policy 6. Future legal services 7. City Manager's report 8. Adjourn Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. To: From: Date: Re: MEMORANDUM Stuart Anderson, City Manager Gregg Woods, City Attorney December 21, 1992 Hilltop Sewer Contract, ISSUE HOW may the City of Columbia Heights compel the City of Hilltop to negotiate a sewer contract, or in the alternative deprive them of discharging sewer into the City of Columbia Heights sewer lines? CONCLUSION The most viable solution to compel the City of Hilltop to negotiate a sewer contract would be to apply for a temporary injunction and to start proceedings against them in the hopes that they will be forced into negotiations. DISCUSSION Normally, when a city seeks to make a local improvement or seeks payment for services rendered by the city, it will do so through a special assessment levied against the property benefitted. In this instance, however, we have two municipalities rather than a municipality and a local property owner. There are only a few situations where a city may act extraterritorially. Minnesota State Statute § 444.075 grants authority to any "municipality" the right to build, construct, repair etc., any waterworks, sewer, or storm sewer system. In addition, it grants to a municipality the authority to levy an assessment tax against another municipality which is being benefitted by the waterworks or sewer system. This statute, however, is not helpful for our purposes, because cities of the first class and towns located in a metropolitan county as defined by section 473.121 subd. 4 are excepted. The City of Columbia Heights is located within a "metropolitan,, county. The most effective means to 'resolve the current stalemate, would be for the City of Columbia Heights to seek a temporary injunction while pursuing a claim for trespass and unjust enrichment. The effect of obtaining a temporary injunction will be two fold. First, it will act as a significant threat and bargaining tool. It may be sufficient to force Hilltop to come to some kind of mutually acceptable cOntract. Secondly, in the event that Hilltop still does not agree to a contract, it will be a means whereby the city will not incur any more additional damages while it seeks recovery of its damages already incurred. Thirdly, the city may be able to permanently enjoin the City of Hilltop from discharging sewer into its lines. In order to obtain a temporary injunction the Minnesota Supreme Court has specified the five following factors to be considered in making a determination of whether to grant a temporary injunction: (1) the nature and background of the relationship between the parties preexisting the dispute giving rise to the request for relief; (2) the harm to be suffered by the plaintiff if the temporary restraint is denied, as compared to that inflicted on the defendant if the injunction issues pending trial; (3) the likelihood that one party or the other will prevail on the merits when the fact situation is viewed in light of existing precedents; (4) the aspects of the fact situation, if any, that permit or require consideration of public policy expressed in the state and federal statutes; and (5) the administrative burdens involved in judicial supervision and enforcement of the temporary decree. Based on the above mentioned criteria , the city would have a very good claim for injunctive relief. The preexisting relationship of the parties in this case is clearly adversarial. In addition, Hilltop has made no attempt to remedy the wrong they are committing nor have they attempted to negotiate in good faith. Secondly, the harm suffered by the city is continuous and cannot be adequately addressed in one legal proceeding. A continuous trespass requires a remedy that redresses past and future harm. A temporary injunction will do that. Thirdly, the city has a very good chance a winning a lawsuit based on the egregious facts of the case. Finally, it violates public policy to allow one municipality to "steal" from another by acting extraterritorially and benefitting from that which they are not paying for. The one drawback of a temporary restraining order is that the court may require the party seeking the order for an injunction to post a bond. The purpose is to protect the party whose actions are restrained against losses suffered as a result of the restraint. This only becomes a factor if the party who seeks the injunction does not prevail at trial and during that time the enjoined party suffered damages. However, to recover on an injunction bond, the party seeking damages must establish that he suffered damages proximately caused by the restraining order to which the opposing party was not entitled. CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Councilmembers Scan T. Clerkin Bruce G. Nawrocki Gar)' L. Peterson Robert W. Ruetfimann City Manager Stuart W. Anderson Linda Johnson Hilltop Council Member 4555 Jackson Street N.E. Hilltop, MN 55421 September 17, 1992 Dear Linda; I am writing to you and your committee to express my concern that the last two meetings scheduled by Hilltop's Sanitary Sewer Negotiating Committee have been cancelled. At Hilltop's request, the meeting scheduled for August 14, 1992, was postponed to August 28, 1992. On August 27, 1992, your City Clerk called to cancel the meeting scheduled for August 28, 1992, and added that "several more weeks" may be needed before another meeting can be scheduled. In an effort to share with you and your committee our position at the earliest possible date, I am sending it to you for review. By sending you this material for study, I believe that we can make the next meeting more productive. The proposed factors for an agreement, which is attached, would be based on Hilltop's water volume, a reasonable escalator for each year of a ten-year contract, and an annual payment which would include future repair and/or reconstruction. The advantage of this is that you would have a known total cost each year and would not face construction assessments or unbudgeted expenses. After you have had an opportunity to review our proposal, please call me to schedule a meeting. I think a goal of having the next meeting by mid-October should give you time to study our proposal. Thank you for your time and consideration. Will you please call me at your earliest convenience to set a meeting date? SWA:bj 92/ so Attachment CC: Mayor Don Murzyn Mayor James Shear City Attorney Woods City Attorney Newquist "SERVICE IS OUR BUSINESS" City Manager Councilmember Jerry Murphy Public Works Director Winson Engineer Molinaro City Manager's File EQUAL OPPORTUNITY EMPLOYER TO: FROM: SUBJECT: DATE: LINDA JOHNSON, HILLTOP COUNCIL MEMBER JERRY MURPHY, HILLTOP COUNCIL MEMBER CARL NEWOUIST, HILLTOP CITY ATTORNEY PETE MOLINARO, HILLTOP CITY ENGINEER  STUART W. ANDERSON, CITY MANAGER SANITARY SEWER CONTRACT PROPOSAL SEPTEMBER 17, 1992 Columbia Heights' staff proposes the following items as the basis for a contract for the use of Columbia Heights' sanitary sewers by the City of Hilltop: A. Columbia Heights will allow Hilltop sewage to flow through Columbia Heights' sanitary lines to the MWCC interceptors. B. Columbia Heights will operate and maintain the sewer lines in good operating condition. Co Annual payment to be $740 per year per one million gallons of sanitary sewage discharged into Columbia Heights beginning January 1, 1990. D. The annual escalator of this base shall be 6% per year. Hilltop will annually provide to Columbia Heights copies of its water invoices from the City of Minneapolis. Unless determined by an acceptable measuring process, the annual payment will be calculated at 50% of the volume of water which Hilltop purchases from Minneapolis. New or additional access to the Columbia Heights' sanitary sewer system is not included in the above calculation and must be negotiated as a change to the agreement. Hilltop shall adopt an ordinance regulating content of discharge into the sanitary sewer system which will be at least as stringent as the Columbia Heights' ordinance and continue to keep their ordinance at Columbia Heights' standards throughout the contract. The above payment includes the cost of all future repairs to the Columbia Heights' lines and no additional assessment or charge shall be made for sewer line replacement or maintenance. The annual payment shall be paid to Columbia Heights quarterly on January 2, and April 1, July 1, and October 1 of each year with 25% of the annual total due each payment date. J. A mediation clause to be included in the final agreement. K. Hilltop will continue to pay MWCC the treatment and disposal fee on 100% of its sewage. Lo The above material does not apply to Hilltop's discharge of surface water into the Columbia Heights' storm water system. That issue shall be addressed by separate agreement. SWA:bj ASSISTANT TO THE CITY MANAGER NATURE OF WORK This is responsible administrative and supervisory work in the management and administration of various functi6ns of municipal government. Work involves responsibility for the functional areas of personnel, labor relations, employee relations, safety and health, para- transit and cable television. Assists the City Manager in other general municipal government functions as assigned. Work is performed with considerable independence under the general supervision of the City Manager. ESSENTIAL JOB FUNCTIONS Administers the recruitment, selection and placement of employees; coordinates administration of appropriate tests; conducts employee orientations. Makes recommendations for appointment by City Manager. Reviews, revises and updates personnel policies and practices and position descriptions to reflect current standards and operations. Serves as chief negotiator in labor contract negotiations. Administers labor contracts; represents the City in labor-management contract disagreements, including grievances, mediations and arbitrations. Coordinates performance appraisals to assure consistency in administration. Prepares wage, salary and benefit studies and reports. Serves as liaison between employees and insurance providers; ensures dissemination of information and understanding of programs offered. Supervises the Special Projects Coordinator and Assessing Department employees. Administers workers' compensation program; prepares, submits and maintains required records and reports; reviews and revises Safety Manual; coordinates city safety committee activities. Administers the para-transit program and contract, including grant applications. Administers the residential refuse, recycling and yard waste program and contract. Administers the cable television franchise; serves as staff assistant to the cable commission. Coordinates various City-wide programs and projects, including employee recognition, safe driver awards, Americans with Disabilities Act, and the procedures/policies manual. Prepares reports and maintains records as related to personnel management for the City, as well as to fulfill state and federal requirements. Attends appropriate meeting as assigned by City Manager to provide assistance and represent administration. Keeps City Manager abreast of significant issues and matters pertaining to ova:all City operations. Assist City Manager with matters requiring discussion and/or decision of the City Council. Performs other apparent or assigned related duties. REQUIRED QUALIFICATIONS Bachelor's degree in public administration, business, or related field or a combination of training and experience equivalent to a four-year college degree. Two years responsible administrative experience in personnel. DESIRED QUALIFI(~ATIONS Three or more years' responsible administrative experience in personnel. experience in a municipal government setting. One year supervisory experience. One year KNOWLEDGES, ABILITIES AND SKILLS, Considerable knowledge of the principles and practices of personnel administration. Knowledge of the principles, practices and techniques of public administration. Some knowledge of federal, state and local regulations and laws regarding safety, health, sanitation, and environmental protection. Ability to communicate effectively, both orally and in writing. Ability to establish and maintain effective working relationships with City Officials, employees, other public agencies, and the general public. Considerable knowledge of the principles, practices, and techniques of the negotiation and administration of labor contracts. Ability to supervise and evaluate employees. 120492 ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER 5/80 0105 NATURE OF WORK This is responsible administrative work assisting in various functions of municipal government. Work involves responsibility for a wide variety of functions or services as assigned by the City Manager. Although policy changes and other major decisions are referred to the City Manager for advice and direction, incumbents are expected to make operating decisions with considerable independence. Work may include respon- sbility for coordinating, inspecting, enforcing, providing informa- tion in administering or assisting in the administration of programs concerning affirmative action, enviornmental protection, general nuisance complaints, health, organizational development, safety, sanitation, youth employment, employee relations, the budget, bidding procedures, and other assignments as required. Work is performed under general supervision of the City Manager and is reviewed through conferences and reports. EXAMPLES OF WORK Conducts salary surveys and prepares pay recommendations for review by the City Manager and higher authorities. Recruits applicants for vacant positions in city government. Drafts bid specifications for the purchase of services. Reviews and recommends revisions of administrative policies and procedures. Prepares reports at the request of the City Manager and/or City Council on various subjects related to city government programs. Coordinates and administers federal, state, and county work programs. Acts as administrative liaison with governmental agencies. Provides assistance and direction to department heads and employees regarding administrative procedures. Supervises a staff assigned by the City Manager. Confers with individuals requesting information or making complaints concerning city operations. Investigates complaints and recommends appropriate action in accordance with established policies and practices. TRAINING AND EXPERIENCE A combination of training including successful completion of a college degree, a bachelor's degree preferred, in public administra- tion, business, or related field and experience in a related area; two years responsible administrative experience preferred. ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER (CONT'D) DESIRABLE QUALIFICATIONS Knowledges, Abilities and Skills Knowledge of the principles and practices of personnel admini- stration. Knowledge of the principles, Practices and techniques of public administration. Knowledge of the principles, practices and techniques employed in developing effective community land public relations. Some knowledge of federal, stand and local regulations and laws regarding safety, health, sanitation, and environmental protection. Ability to interpret and explain various laws and regulations. Ability to enforce regulations with firmness and tact and main- tain satisfactory working relationships. Ability to perform technical research work and to make compre- hensive recommendations and reports. Ability to maintain complete information and prepare clear and detailed reports. Ability to establish and maintain effective working relation- ships with City Officials, employees, other public agencies, and the general public. CITY OF COLUMBIA HEIGHTS TO: FROM: SUBJECT: DATE: MARK A. W!NSON PUBLIC WORKS DIRECTOR/CITY ENGINEER KATHYJEAN K. YOUNG~ ASSISTANT CITY ENGINEER HAZARDOUS SIDEWALK DECEMBER 10, 1992 The City has approximately 31.5 miles or 665,000 square feet of sidewalk. Approximately C~.~000 square feet of sidewalk have been identified as hazardous and are scheduled for repair in 1993, or 9% of the total sidewalk. Minnesota State Aid Maintenance funds will be used for 21,000 square feet of the hazardous sidewalk, or 34%. The criteria used by City employees to determine when a sidewalk is hazardous are: 1. Sections of sidewalk missing. 3/4" or more displacement of joints or cracks. This includes the displacement between sidewalk and adjacent curb and gutter as well as heaving or cracking due to tree root growth. Cracking w~-~cr than 1". Tertiary cracking of more than 50% of a sidewalk panel· 5. Excessive spalling. 6. Water ponding. (In the 1985 project, this was limited to 4 panels at the project hearing. Limiting the work will leave the most severe ponding problems uncorrected.) The approximate assessed cost per square foot is $5.00. This includes construction ($160,000) engineering ($15,000) and assessing ($25,000). Memorandum to Mark Winson December 10, 1992 Page 2 If a property owner wants to replaCe their own sidewalk, I suggest the following: : Obtaining a street excavation permit for $10.00 permit fee. No license or bond is required. Constructing sidewalk in accordance with City standards by July 1, 1993. (The deadline will allow the City's contractor time to do the work if not done by the property owner.) Schedule inspection of form work and concrete p~acement with Engineering Department. The technicians will inspect work as time allows, therefore, there will be no guarantee against cracking or poor workmanship provided by the City of Columbia Heights. The most recent sidewalk repair project was done in 1985. Although we have no records, the Assessing Clerk felt that only 2 or 3 property owners elected to do their own work. MAW:jb 92-714