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1994-08-15 CC Agenda/PacketALBERTVILLE CITY COUNCIL AGENDA August 15, 1994 `:30 pm I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS *Attached List IV. APPROVAL OF THE MINUTES *August 1, 1994 - Regular Meeting 7:45 pm V. COMMUNITY FORUM : 10 Minute Limit Dirk Posthumus (or proxy): Friends of the Library 7:55 pm VI. DEPARTMENT BUSINESS A. ENGINEERING -Bernie Marx: MLDCO Property -Ron Becker drainage -Barthel Commercial Park detention pond -Acceptance of Resolution 1994-9: BID Feasibility Study -Review trunk line access fees and sewer/water rates -Wetland delineation -Project updates B. PLANNING/ZONING • -Increase of minimum lot size/front footage requirements 9:45 pm C. ADMINISTRATION *Financial Statement (July 29-August 9) *Approve Bills (see attached list) *Resolution 1994-10: Election Judges -Resolution 1994-11: Joint Powers -AWAIR Policy Adoption (Workplace Safety) -Organized Collection discussion -EDA per diem 9:15 pm VII. ADJOURN • UPCOMING MEETINGSIIMPORTANT DATES August 17, 1994: EDA 7:30pm �Ugust 23. 1994: Planning/Zoning Commission 7:30pm ugust 24, 1994: Brittney Kay Estates Meeting 10:00am September b, 1994: Regular City Council Meeting 7:30pm September 13, 1994: Primary Election ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS August 15, 1994 *Financial Statement (June 30-July 12) *Minutes of August 1, 1994 - Regular City Council Meeting *Approve Bills (see attached list) *Resolution 1994-10: Election Judges • • ALBERTVILLE CITY COUNCIL August 15, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Sharon Anderson, Duane Berning, Albert Barthel and John Vetsch, City Clerk Linda Houghton, City Administrator Dale Powers, City Engineer Pete Carlson Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended under Administration with the addition of the following items: - Contract extension for Dale - Set Fire Board meeting - Schedule budget meeting - Extend temporary Certificate Avenue NE Rerni.ng made a motion to approve the seconded the motion. All voted aye. of Occupancy for 5476 Lander agenda, as amended. Anderson. The minutes of the August 1 , 1 994, meeting were amended on Page 2, Paragraph 8 to read "Vetsch, Barthel and Berning noted aye. Potter and Anderson voted no. The motion carried." Barthel made a motion to approve the minutes of the August 1, 1994, regular meeting as amended. Anderson seconded the motion. All voted aye. Dirk Posthumus, LaNetta Van Dale and Rita Stahlman, representing the Friends of the Roy Simms Library, requested that the Council consider a contribution to the library. The local portion of the library budget is approximately $16,000. Posthumus would like the Council to consider a contribution of approximately 20% of that amount. Mayor Potter told the group the request would be considered at the next budget meeting. LaNetta Van Dale also explained that there is no representative from Albertville on the library board and asked the Council to encourage any interested resident to serve on that board. Engineer Pete Carlson has looked at the MLDCO Addition reviewed his letter dated July 21, 1994, with the Council. Carlson does not feel that the beehive shown on the plat is essential for draining the development. He agreed with Bernie Marx that the beehive is more bPnefir_.ial to the nei.ghhnring prnperty. Pete recommended that the Council consider two separate drainage issues- -the Dundee Nursery property and the MLDCO drainage. The installation of the catch basin will benefit both the Dundee property and the lots in the MLDCO development. Bernie Marx stated he is willing to contribute $500 of the estimated $3000 cost of ALBERTVILLE CITY COUNCIL August 15, 1994 Page 2 of 4 having the catch basin installed. Dale reported that he has had no response from Dundee Nursery to his letter. The Council agreed to have the city attorney draft a letter to Dundee Nursery advising them of the engineer's recommendations. Carlsonhas reviewed the Ron Becker drainage swale. He has found the swale to he inadeqi.iatp. It is not large enough to carry the drainage from 50th Street. Complicating the issue is the drainage from the corn field. Pete recommends that the Council refer this back to the original design engineers for correction. Pete will review the corrections and give approval before additional work is performed. Dale was directed to contact Meyer-Rohlin and request that corrections to the Becker drainage swale be prepared and reviewed by Pete Carlson before the next. Council meeting on September 6th. Peter reported that he sees a potential storm runoff problem in the entire Barthel Commercial Park area. He suggested that a detention pond be constructed somewhere along the ditch within the plat. Pete has reviewed the Feasibility Study for the completion of Barthel Industrial Drive and 52nd Street. Barthel made a motion to adopt RESOLUTION #1994-9 entitled A RESOLUTION ACCEPTING THE STREET AND UTILITY IMPROVEMENTS FEASIBILITY STUDY - BARTHEL INDUSTRIAL PARK. Vetsch seconded the motion. All voted aye. Pete was directed to gather information on establishing a truck line access fee for the City as well. as information on sewer/water rates and storm water fees. Anderson made a motion to issue a check to Wright Soil and Water Conservation District in the amount of $250 for the purpose of beginning a wetland delineation of the Westwind Park area. vetsch seconded the motion. All voted aye. Councilmember Vetsch suggested that the Planning Commission be directed to consider increasing the minimum lot frontage from 90 feet to 100 feet and minimum lot size in the City. The Council directed Dale to get information from surrounding communities regarding their requirements. Barthel made a motion to approve the Financial Statement for the period July 29 - August 9 as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve payment of the bills as presented. Anderson seconded the motion. All voted aye. AT_.BF.RTVILT.E CITY C:OUNCII. August 15, 1994 Page 3 of 4 Barthel made a motion to approve RESOLUTION #1994-10 entitled A RESOLUTION APPOINTING ELECTION JUDGES AND SETTING HOURLY PAY RATE FOR PRIMARY ELECTION ON SEPTEMBER 13. Anderson seconded the motion. All voted aye. The Council discussed the request from Joint Powers Board to provide the City's opinion on having the Board responsible for the replacement of existing watermains on the system. Each individual Council member was polled and were unanimous in their opinion that the member communities should be responsible for the cost of replacing existing mains. Mayor Potter also pointed out that in speaking with one or more of the original City representatives on the Joint Powers Board, he was told that the intent of the agreement was never to have the Board replace pre-existing watermains. Anderson made a motion to approve RESOLUTION #1994- 11 entitled A RESOLUTION ESTABLISHING THE POLICY OF THE ALBERTVILLE CITY COUNCIL REGARDING WATER MAIN REPLACEMENT WITHIN THE JOINT POWERS WATER DTSTRTCT. Berning seconded the motion. All voted aye. Berning made a motion to approve the CITY OF ALBERTVILLE SAFETY MANUAL AND AWAIR POLICY as presented. Anderson seconded the motion, All voted aye. The Coro.!; l diirf7ted Pale to get information on organized collection from Howard Lake for the next Council meeting. Berning made a motion to set per diem rate for the Economic Development Authority at $15 per meeting retroactive to its inception. Barthel seconded the motion. All voted aye. Counci I members Berning and Barthel recommended that Dale's contract be extended to the end of the year. Terms negotiated. increase the hours Dales works from 30 hours per week to 30 hours per week. Hourly pay rate will remain at $12.50. The Council will have the city attorney draft the contract extension based on the above terms. Potter made a motion to set a meeting with the Fire Board Committees from Otsego and Frankfort for August 29, 1994, at 7:00 PM at the Albertville City Hall. Barthel seconded the motion. Al voted aye. Potter made a motion to set a budget meeting for Tuesday, August 30 at 7:00 PM. Anderson seconded the motion. All voted. aye. Anderson made a motion to extend the temporary certificate of occupancy for 5475 Lander Avenue to January 3, 1995. Berning seconded the Ynotion. All voted aye. ALBERTVILLE CITY COUNCIL August 15, 1994 Page 4 of 4 The meeting was adjourned at 9:40 PM. Michael Potter, Mayor Linda Houghton, Clerk ALBERTVILLE CITY COUNCIL August 1, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Sharon Anderson, Duane Berning, Albert Barthel and John Vetsch, City Clerk Linda Houghton, City Administrator Dale Powers, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. Dale reminded the Council of two additional upcoming meetings not included on the agenda as follows: Budget meeting on August 3 at 7:00 PM and the committee meeting with Otsego on August 4 at Otsego City Hall at 7:00 PM. Berning made a motion to approve the agenda as presented. Anderson seconded the motion. All voted aye. Anderson made a motion to approve the minutes of the July 18, 1994, regular meeting as presented. Barthel seconded the motion. All voted aye. Kent Roessler addressed the Council regarding a semi -trailer he has parked on a back corner lot in the Parkside Addition and uses for storing construction supplies. The trailer has a painted mural on the sides which advertise his business and the model homes. Since the City's sign ordinance prohibits the use of a semi -trailer for advertising purposes, Roessler has been advised by city staff that he will be required to apply for a variance in accordance with Section 11 of the sign regulations. Roessler wants to continue using the trailer for storage. If the trailer had no advertising on the sides, it could continue to be used as a construction trailer. Anderson made a motion to require Roessler to apply for a variance from the sign regulations for his trailer or the cover the advertising on the trailer in order to comply with City regulations. Vetsch seconded the motion. Berning, Vetsch, Anderson and Barthel voted aye. Potter voted no. The motion carried. Bob Braun, developer of the Hardwood Ponds 2nd Addition, questioned why building permits were not being issued for lots in this development. According to Braun, Joint Powers will accept the water main installation at their August meeting. He has contacted the Joint Powers office and been advised that Joint Powers has no problem with the issuance of building permits but will not allow the water service connection until after the project has been accepted. Potter made a motion to allow the issuance of building permits in the Hardwood Ponds 2nd Addition, contingent upon the applicant signing a "hold harmless" agreement regarding the connection of the water service. No certificate of occupancy -- either permanent or temporary --will be issued until -everything is completed. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL August 1, 1994 Page 2 of 4 Judy Roden questioned the Council on the progress with the Ackerman lawsuit. City Attorney Mike Couri told Roden that a settlement agreement has been read in open court and the final documents should be ready for Council approval at the next Council meeting. Anderson made a motion to reduce the Letter of Credit for the parkside Addition construction by $94,811.53, as recommended by Norm Gartner in his letter to the Council dated July 27, 1994. Barthel seconded the motion. All voted aye. Due to the absence of City Engineer Pete Carlson, the Council tabled acceptance of the Barthel Industrial Drive Feasibility Study until the next meeting. Anderson made a motion to appoint Nelson Bonner to the Planning Commission. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the revised site plan for Stan Barthel, subject to the city engineer's review and approval of the drainage. Barthel seconded the motion. All voted aye. Anderson made a motion to appoint Kristen Green to the Park Board. Barthel seconded the motion. All voted aye. City Attorney Mike Couri advised the Council to make a determination of the park dedication fees to be required for Psyk's 5th and 6th Additions in order the complete the Developer's Agreement for Psyk's 6th Addition. The City increased the park dedication fee from $170 per lot to $500 per lot after the Psyk's 6th Addition had been granted preliminary plat approval but prior to final plat approval. Psyk has met with the Park Board and the Park Board has recommended that the park dedication fee be set at $170 per lot for both additions, in lieu of park land. Anderson made a motion to approve the Park Board's recommendation to set the park dedication fees for Psyk's 5th and 6th Additions at $170 per lot. There was no second to the motion and the motion died. Vetsch made a motion to set the park dedication fee for Psyk's 5th Addition at $170 per lot and to set the park dedication fee for Psyk's 6th Addition at $335 per lot. Barthel seconded the motion. Vetsch, Barthel, Berning and Potter voted aye. Anderson voted no. The motion carried. Couri advised the Council that two additional detachment/attachment petitions have been filed with the Municipal Board. The City can remain neutral in the matter, but since the Radzwill Law Office represents both the City of Albertville and the City of Otsego, the law office will be unable to represent either party in legal matters regarding the detachment/attachment issue. ALBERTVILLE CITY COUNCIL August 1, 1994 Page 3 of 4 Anderson made a motion to approve the Financial Statement for the period July 13 - July 28 as presented. Barthel seconded the motion. All voted aye. Anderson made a motion to approve payment of Check Vs 8656- 8681 and P1118-P1122 as presented. Barthel seconded the motion. All voted aye. Anderson made a motion to approve a Non -Intoxicating Liquor License for the Albertville Lions on Friday, August 26, 1994, from 4:00 PM to 10 PM at St. Albert's Parish Center. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the contract with Douglas Gruber, Wright County Assessor, to perform the duties of City Assessor for 1995 at a cost of $6.00 per parcel. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the amendment to Section .10 Employee Conduct (d) of the Personnel Policy as presented. Berning seconded the motion. All voted aye. The Council tabled discussion on the wetland delineation within the City until the next meeting when the city engineer will be available. The Council directed staff to verify the process of changing or adjusting per diem payments to Council and commissions and report to the next Council meeting. The Council reviewed the process presented for hiring a permanent administrator and the time line presented. Anderson made a motion to pursue and hire a full-time permanent administrator for the City. Berning seconded the motion. All voted aye. Anderson made a motion to approve the text of the employment advertisement and the time table for the hiring a full-time city administrator as presented. Barthel seconded the motion. All voted aye. Anderson suggested that the Council consider hiring a part- time office person, possibly a high school student, to assist with general office duties. Linda was directed to contact the high school and the vocational school to get information regarding on- the-job student training. Potter made a motion to appoint Councilmembers Berning and Barthel to a committee to meet with Dale to negotiate an extension of the interim administrator contract through the erid of the year. Anderson seconded the motion. Potter, Anderson, Berning and Vetsch ALBERTVILLE CITY COUNCIL August 1, 1994 Page 4 of 4 voted aye. Barthel voted no. The motion carried. Dale asked for clarification from the Council concerning his application for the permanent administrator position. The Council agreed that Dale must go through the same initial screening process as every other applicant. The meeting was adjourned at 9:30 PM. Michael Potter, Mayor Linda Houghton, Clerk AW �� MEMORANDUM ❑ ST. PAUL, MN ❑ MINNE4POLIS MN ® ST. CLOUD, MN ❑ CHIPPEWA FALLS, WI ❑ MADISON, WI TO: Dale Powers City Administrator Albertville, MN FROM: Peter J. Carlson, P. E. P City Engineer DATE: July 21, 1994 RE: MLDCO First Addition SEH No. A-ALBEV 9501.00 As requested by the City Council, I have reviewed the storm water drainage along the rear lot lines of the above referenced project and the adjacent Dundee property, and have the following comments: 1. The Dundee drainage plan indicates storm water runoff from the Dundee property would drain along the north line of the MLDCO Addition. The existing grade along the north line increases for approximately 70 feet before falling off to Main Street and, therefore, storm water from the Dundee property cannot drain overland along the north line of the MLDCO Addition. 2. The MLDCO Addition can drain southerly along the common rear lot line to the south line of the addition, then easterly along the south line to a storm sewer inlet at Main Street. The grades for this drainage is relatively flat, but will work. 3. To correct the drainage problem on the Dundee property, a catch basin connecting to an existing storm sewer along the north line of the MLDCO Addition can be constructed, or the Dundee property can be regraded to drain westerly to Landers Avenue. 4. A catch basin along the north line of the MLDCO Addition is not necessary for drainage on the MLDCO Addition. However, the catch basin is preferred as it will allow improved drainage and grading on the MLDCO Addition. 5. The proposed catch basin clearly benefits the Dundee property and the MLDCO Addition. It is not clear if this catch basin will provide benefit for other adjacent property. Please call me at 800-572-0617 if you have any questions. djg c: Michael Couri, City Attorney Linda Houghton, City Clerk (G AALBEV\CORRUL-21 A.94) — a+ ilk. CITY OF ALBERTVILLE RESOLUTION #1994-9 A RESOLUTION ACCEPTING THE STREET AND UTILITY IMPROVEMENTS FEASIBILITY STUDY BARTHEL INDUSTRIAL PARR WHEREAS, the City Council directed its City Engineer to prepare an engineering study to determine the feasibility of sewer, water and street improvements for Barthel Industrial Park, and WHEREAS, Rieke Carroll Muller Associates, Inc. has submitted the report to the City of Albertville on July 5, 1994, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE to accept the Feasibility Study dated July 5, 1994, for sewer, water and street improvements in the Barthel Industrial Park as submitted.by-RCM, Inc. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 1st DAY OF AUGUST, 1994. Michael Potter, Mayor ATTEST: Linda Houghton, Clerk CITY OF ALBERTVILLE FINANCIAL STATEMENT July 29 - August 9, 1994 Beginning Cash Balance July 29, 1994 $515,935.72 INCOME (July 29 - Aug. 9) Building Permits 13,543.14 Loan Payment - Fraser 585.27 Park Dedication Fees 9,260.00 Park Rent 50.00 Sewer Licenses 135.00 Sewer/Storm Water 1,223.37 Title Search 10.00 TOTAL INCOME 24,806.78 EXPENSES (July 29 - Aug. 9) Check Vs 8656-8681 & P1118-P1122 (approved 8/1/94) 73,440.25 Check #8682 Secur, ty Bank NW 2,126.18 (July Payroll Taxes) Check #8683 MN Dept. of Revenue 428.24 (July State Taxes) PAYROLL PERIOD 7/27 8/9 Check # P1123 - Catie 100.88 Check # P1124 - Linda 816.71 Check # P1125 - Dale 580.75 Check # P1126 - Ken 881.70 Check # P1127 - Mike 612.50 Check #8684 - Dale 17.20 (Pager Fees) TOTAL EXPENSES 78,998.41 Ending Cash Balance August 9, 1994 $461 744.09 INVESTMENTS: CD #9226 - Alb. Development Corp. matured 7/1/94 CD #8925 - matures 8/31/94 CD #8579 - matures 9/28/94 CD #8807 - matures 9/28/94 CT) #9198 (Fire Dept) - matures 10/20/94 @ 2.68% CD #9145 (Lions) - matures 10/20/94 @ 2.68% Piper-Jaffray Investments (7/31/94) TOTAL INVESTMENTS 6,970.05 111,182.38 164,389.96 366,931.99 12,645.57 19;842.12 966,897.57 $11648,859.64 CITY OF ALBERTVTLLE BILLS TO BE PAID August 15, 1994 Check No. Vender Reason Amount 8685 Affordable Sanitation Four Seasons Park 58.58 8686 Albertville Auto Parts Parts 19.11 8687 American Nat'l Bank 89 GO Ref. Bond 21,595.00 8688 Annandale Contracting Payment #3 - HWP2 25,873.99 8689 Catholic Order of Forestor Refund Park Fees 200.00 8690 Central Rivers AgLime/Chemicals 159.85 8691 Communications Auditors Repairs/Rescue Van 1,27.84 8692 Crow River News July Publications 23.63 8691 Crow River Rental Lawn Sweeper 34.35 8694 D,7's Shop Sup 54.50 127.03 CH Supplies 21.99 Fire Dept 38.34 Street Signs 12.20 8695 Dehmer Fire Protection F.D. Extinguishers 18.57 8696 Diversifed Inspections Inspections 2,732.53 8697 Don's Auto Tires (PU) 41.9.66 559.49 WWTF 6.07 F.D. Gas 74.67 F.D. Repair 59.09 8698 Elk River News Subscription 20.00 8699 Emergency Medical Prod. Parts for repairs 94.07 8700 Feed -Rite Controls Flow Meter 2769.00 3,219.00 Test 7/13 72.00 Test 6/29 307.00 Test 7/19 71.00 8701 Fehn Gravel & Excavating AgLime 240.13 8702 First Trust 93C GO Ref 5855.63 6538.47 84A GO Sewer 682.84 8703 Fraser Steel TIF Payment 16,623.18 8704 8705 8706 8707 8708 8709 8710 8711 8712 8713 871.4 FundBa1ance Gruys Borden & Carlson Hack's Houghton, Linda Jack's Small Engine Rep Kirk, Andrea LaPlant Sanitation Linco Fab Meyer-Rohlin Midwest Specialty Mi.nnegasco 8715 Monticello Animal Control 8716 Monticello, City of 871.7 NAC, inc. 8718 Orion Appraisals 871.9 P.E.R.A. Life Tns. 8720 P.E.R.A. 8721 Pat's 66 8722 RCM, Inc. Upgrade GL & AP 357.50 Fire Relief Audit 202.00 CH Supplies 16.47 82.62 Gas - Parks 22.05 Street 22.05 WWTF 22.05 Mileage (PiperJaffray) 17.43 F.D. repairs 66.1.0 Refund. Park Rent 50.00 July Service 85.71 Refund Tourney Fee 150.00 92-11B 1537.96 7,413.05 92-11_A 1.310.08 Par_kside 2504.00 WW3 1348.00 HWP2 713.01 Belt for Hustler 55.18 Park 5.45 35.94 New CH 14.14 Old CH 16.35 July Service 62.00 June 94 81.00 Psyk's 6 26.23 1,074.49 Sybrant 684.44 Fire Hall 121.90 General. 241.92 50th St Trial 810.00 Linda 12.00 Pay Period 7127-8/9 278.96 Gas - Park 35.09 1.05.27 Street 35.09 WWTF 35.09 Psyk's 6th 486.08 2,711.98 Sybrant 485.00 General 156.50 BID Feas. 1584.40 8723 8724 f"N Sunrise Plumbing wr. Co. Sheriff PO Repairs July Service TOTAL BILLS 52.00 3,710.83 $95,678.88 CITY OF ALBERTVILLE RESOLUTION #1994-10 A RESOLUTION APPOINTING ELECTION'JUDGES AND SETTING HOURLY PAY RATE FOR PRIMARY ELECTION ON SEPTEMBER 13 WHEREAS, the State of Minnesota will conduct its primary election on September 13, 1994, and; WHEREAS, state law requires that the City Concnil appoint election judges for the primary election, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE to appoint the following persons to serve as election judges for the primary election to be conducted on September 13, 1994: Denise Beaudry, 11628 51st St. NE, Albertville Elaine Engstrom, 5599 Lander Ave. NE, Albertville Jeanne Vetsch, 11648 51st St. NE, Albertville Charlene Zachman, 11570 50th St. NE, Albertville Kathy Hanson, 5545 LAnder Avenue NE, Albertville FURTHER, BE IT RESOLVED, to pay the 1994 election judges at the rate of $6.00 per hour. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 15TH DAY OF AUGUST, 1994. Michael Potter, Mayor ATTEST: Linda Houghton, Clerk CITY OF ALBERTVILLE RESOLUTION #1994-11 A RESOLUTION ESTABLISHING THE POLICY OF THE ALBERTVILLE CITY COUNCIL REGARDING WATER MAIN REPLACEMENT WITHIN THE JOINT POWERS WATER DISTRICT WHEREAS, in 1977 the City of Albertville entered into an agreement with the cities of St. Michael and Hanover and the Town of Frankfort to establish a joint powers water district, and; WHEREAS, Paragraph A of the Operating and Authorization Agreement entered into by the member municipalities states "the Board shall construct, maintain and operate the water system and facilities described in and funded pursuant to EDA Project No. 06- 81-0042" and the EDA Project does not encompass the watermains throughout the member jurisdictions; and WHEREAS, it has been the past policy that each community is responsible for the installation and replacement of all new watermains within the Joint Powers Water District and the Joint Powers Board is responsible for the repairs and maintenance of all watermains within the district, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE to reaffirm the policy that has been in effect regarding watermain construction within the Joint Powers Water District. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 15th DAY OF AUGUST, 1994. Michael Potter, Mayor ATTEST: Linda Houghton, Clerk JOINT POWERS BOARD • Hanover, Frankfort. St. Michael and Albertville Post Office Box 10 . 11100 - 50th Street N.E.. Albertville, Minnesota 55301-0010 . Telephone 612-497-3611 July 26, 1994 Attn: Linda Houghton City of Albertville PO Box 131 Albertville, MN 55301 Dear Linda Houghton: Enclosed is the June 27, 1994 minutes as approved by the Board at their July 25, 1994 meeting and the letter from Hoff, Barry & Kuderer dated July 25, 1994 regarding the ownership question. The Board would like to request that your council review the letter and discuss your feelings of the ownership question. The Board would like to know who should be responsible for what in regards to the water system in regards to repair, replacement and upgrade of watermains, looping watermains for increased pressure or fire flows, reviewing and inspecting new watermains for developments and city projects. The Board would like to request a letter outlining your concerns for the August 22, 1994 meeting if possible so an amendment can be drawn up that clearly and specifically outlines the responsibilities of the communities and the Joint Powers Board. If you have any questions, please contact me weekdays between 8 am and 1 pm. Sincerely, JOINT POWERS BOARD Donna M. Kipka Secretary Enclosures I � I I. HOFF, BARRY & KuDERER i ' MFFS9IONitL. A OCIATION I t C1 sic C- 110re Y11 (). QARRY, JR. PA RICtA E. XUDERER VA D 1R. XRACUM PA A. CALLIM TAA M. SCHAUD CIL 10 J. NABERLACK+ J.IRKM ffsarr PJ0 AWATM IN MgCMMM A LIGMCiD CM Ms. Donna M. Kipka and Joint Powers Water board P. o. Box 10 Albertville, Mn. 55301 July 25, 1994 UL EPtioNz (612) 941-9220 14oa980236 FAX (612) 91J-7l611 Post -It", brand tax transmittal memo 7671 N of pages ► To �^ Co. ept. Phone N Fax N Paz0 Re: ownership i Replacement of Water 11alne Our File No: 2119-001 j �!! Dear Donna and Board Members: I This letter is in response to the question you had regarding ownership and replacement of watermains. In our telephone j conversations you indicated to me that it is your understanding that the past practice of the Board, and its member political subdivisions, has been for the m,ambers to replace or construct new i watermains within their respective jurisdictions, and for the Board to maintain watermains but, there does not appear to be any written documentation to support this practice. it is my understanding I that the Board now wishes to know whether there is anything in writing that would indicate whether it is the duty of the Board, or the members, to replace watermains within the respective jurisdictions of the members. As you know, the political subdivisions of Hanover, Frankfort, St. i Michael and Albertville entered into an agreement in August, 1977, creating the Joint Powers Board (hereinafter the "Agreement"). The Agreement does not specify what interests the Board and each of the I parties have in the water and sanitary sewer system. Paragraph 6 however, states that: "The Board shall make all -policy decisions relating to the water and sanitary setwer system, its operation, maintenance and the location. The cost of maintaining the water and sanitary sewer system and the financing of any improvement, shall be spread among the municipalities and town on a per capita equivalent basis ... of the planning area served. ..." 1 0.1WP"TAIJT•P0WERkWA'N U NVI 7901 FLMG CLou) DRLvE, N260•1:aEN PRAua, NILNNtsoTA $5344-7914 RED WINO 0MC16608 AUN S'TREFT*RVD WING, MtnrTsoTA 55066•(611)38&3867 Ms. Donna M. xipka Joint Powers Water Board Page Two Re: Ownershin a Recair I Our File No: 2119-001 "Improvement" is not defined in this, or any of the documents reviewed. Therefore, it is unclear what would be deemed an improvement. Paragraph 12 of the Agreement states: "Should the Board acquire property, real or personal, as a result of this joint exercise of power, said property shall be returned in proportion of the contributions of the municipalities in the town at the termination of this Agreement." This coincides with Minnesota Statutes 5471.59, Subd.S, which requires each joint powers agreement to: ! "provide for the disposition of any property acquired as the result of such joint or cooperative exercise of j powers, and the return of any surplus monies in proportion to contributions; of the several contracting parties after the purpose of the Agreement has been completed." Although there is no specific statement as to how the Joint Board, or the Members, would own or control the water and sewer facilities, the above cited sections of the Agreement and the statute, would indicate that it is possible for the Joint Powers Board to obtain or own personal property during the existence of the Joint Powers Board. When, and if, the Joint Powers Board is terminated, that property would go to the members in proportion to their contributions. t Paragraph A. of the Operating and Authorization Agreement entered into by the members statest "That the ...Board shall construct, maintain and operate I the water system and facilities described in and funded pursuant to EDA Proj. No 06-81-00042, to which shall be credited all gross revenue of the water system and facilities out of which shall be paid all necessary expenses of current operations of the water system. ..." i The "EDA Proj." referred to does not encompass the watermains throughout the member jurisdictions and therefore, this cannot be deemed to be a grant of authority for the Hoard to construct watermains. An amendment to the O & A Agreement, dated July 25, IA88, regarding E hook-up fees provides for a $200.00 connection fee to be maintained in a separate account for expenditures on wells, pumps, Me. Donna M. Kipka Joint Powers Water Board Page Three i i i I Re: Owrershig i Repair of water. Mains Our File Not 2119-001 towers and appurtenances only. It states that in no event shall expenditures be made from the account for trunk or lateral water mains, or house services. i The 1978 Lease Agreement between Albertville and the Joint Powers Board designates the City of Albertville as the Lessor, and the Joint Powers Board as the Lessee. This is a ninety --nine (99) year Lease signed presumably November- 1, 1978, although the date isn't filled in there is a Schedule going from November 1st, 1979 to November Ist, 1998 for payment: on the Lease. It appears that Lease is only for the land on which a Water Tower is located, since there is no mention of any facilities on the property, or any improvements of any kind. There also is a ninety-nine (99) year Lease with the City of St. Michael as the Lessor, and the Joint Powers Board as the Lessee, dated April 24, 1979. This Lease, however, contains both a description of the real property, and a sentence that states: "Said Lease Agreement also covers and includes the Water Tower, three (3) pumps, pumping equipment, control devices and ancillary buildings located on the aforementioned tracts." In addition, this Lease also requires the Board to quietly yield and surrender the premises in "as good condition and repair as when Lessee took them, reasonable wear and tear and damage by the elements alone excepted." It also states that if the property, or building, or any part thereof, L3 damaged by fire, storm, etc. not due to the negligence of the Lessee, the Lessor shall promptly repair the damage and there shall be a corresponding abatement of rent during the time, if any, the Leased Premises .have been untenantable. If the property is damaged, in the Lessor's opinion, beyond repair, the Lessor can elect not to make the repairs and the Lease will be terminated and prorated, if necessary. In effect, each of these documents reserves to the members, the authority for the overall condition and disposition of the personal property that is the subject of the documents. In summary, reviewing the Agreement, neither a specific grant of authority, nor an all powers grant, permitting the Board to construct watermains throughout the member jurisdictions is present (it is doubtful that an all powers grant is permitted for a joint powers board). As to the other documents reviewed, while they may display an intent to lease property such as a water tower, they too appear lack the requisite authority for the Board to construct watermains. Therefore, the only means by which the Board could construct watermains, would be to amend the Agreement to permit such action. If such an amendment is contemplated by the Board, it Ms. Donna M. Kipka Joint Powers Water Board Page Four would be advisable to review the► entire Agreement for amendment. In one of our conversations, you also asked me to review the issue of abutting charges for the Dehmers' property along Creek Side Drive. You informed me that: the Dehmers began developing their property along the Board's watermain approximately two years ago; when the watermain was built, this property was subject to the deferment available in Paragraph C.4.b. as "Green Acres" property; in the process of development, the Dehmers constructed another watermain in the street Creek Side Drive, and they are now arguing that they do not "abut" the Board's watermain, and therefore are not subject to the charges set forth in Paragraph C.4. of the operating and Authorization Agreement, as amended January 4, 1978 (hereinafter the 110 & A Agreement") . I have reviewed the documents you forwarded to me and do not agree with the Dehmers'. assessment of the situation. Paragraph C.4.b. of the 0 & A Agreement, provides in part that: ."Property which is either subdivided or . sold for development purposes shall :be subject to the contract charges as the property develops." Thus, when the Dehmers began development of their property, it became subject to the contract charges of the 0 & A Agreement. The fact that a public street currently abuts the watermain, as a direct result of the Dehmers' actions, in no way diminishes the obligation of the Dehmers, upon development of the property, to pay the charges due. Furthermore, although I have not examined title, if Creek Side Drive is like most other public streets in Minnesota, , the public holds an easement to the street and the underlying fee title remains in the owners of 'the property abutting the street. ; Therefore, although the property in question happens to be subject i to a public street easement, it still abuts the watermain and in no way serves to insulate the property from the "abutting" charges. As to the argument that the DNR would not permit access across the creek to the watermain along the entire frontage of the property, it is my understanding that the watermain placed by the Dehmers does, in fact, connect into the Board's watermain and therefore, the property in question does benefit from the Board's watermain. If you have any questions regarding this letter, please feel free i to contact me. sincerely, Peter M. Schaub i HOFF, BARRY & KUDERER, P.A. i i CITY OF ALBERTVILLE Safety Manual and AWAIR Policy Adopted August 15, 1994 Page 1 ALBERTVILLE SAFETY MANUAL TABLE OF CONTENTS Preface.........................................3 Section 1 Introduction....................................4 Section 2 Statement of Policy .............................4 Section 3 Safety Program Organization .....................6 Part 1 Safety Coordinator ..............................6 Part 2 Safety Committee „ ..............................6 Part 3 Accident Review Board ...........................7 Part 4 AWAIR Program Measurement .......................7 Section 4 Responsibilities of the Parties Involved ........ 9 Part 1 Employees.......................................9 Part 2 Management/Council .............................10 Section 5 general Safety Regulations .....................12 Part 1 Medical -and First Aid..........................12 Part 2 Fire Protection and Prevention.................13 Part 3 Housekeeping...................................14 Part 4 Vehicle Operators..............................15 Part 5 Personal Protective Clothing...................16 General........................................16 Eye/Face Protection ............................17 Respirators....................................17 Head Protection................................19 Hearing Protection .............................19 Protective Clothing ............................20 Lockout/Tagout Policy ..........................20 Part 6 Motorized Equipment and Power Tools ............ 21 Part 7 Mowers and Tractors ............................22 Part 8 Hand Tools.....................................22 Part 9 Ladders........................................23 Part 10 Tree Trimming..................................23 Part 11 Underground Work...............................24 Sewers.........................................24 Trenches.......................................25 Part 12 Elevated Work..................................25 Part 13 Welding........................................25 Part 14 Spraying of Herbicides, Pesticides, and Fungicides.................................26 Page 2 ALBERTVILLE SAFETY MANUAL AWAIR SAFETY PROGRAM "A workplace accident and injury reduction" The State of Minnesota, in 1990, adopted legislation which requires all employers of certain job classes to establish and maintain an accident reduction program. The program involves generally five requirements to meet the mandate of the legislation. These requirements are as follows: 1. To establish policy for the explanation as to how managers, department heads and employees are responsible for implementation of the program and how continued participation of management will be established, measured, and maintained. 2. The program must explain the methods used to identify, analyze, and control new or existing hazards, conditions, and operations. 3. The program must stipulate how the plan will be communicated to all affected employees so that they are informed of work related hazards and controls. 4. An accident investigation program must be established to describe how accidents occurred and what corrective action will be implemented to prevent future occurrences. 5. The program must explain how safe work practices and rules will be enforced. Each of these steps requires details and action steps to delineate how specifically the program will work. The program will also be an on -going safety manual with the continued expansion of job hazard analysis, rules, safety procedures, equipment, and corrective action. The overall safety program will also include the Employee Right -to -Know documentation as well. These data will be kept current with the introduction of recently procured data. In recognizing this on -going nature the City, through its safety committees and measures, will continually add to and correct this program as needs become apparent. This will also require the commitment of all parties involved. The commitment must be towards the overall health and welfare of all people in the work environment. Page 3 ALBERTVILLE SAFETY MANUAL SECTION 1: INTRODUCTION AND BACKGROUND The Minnesota Occupational Safety and Health Act (OSHA) was signed into law on May 23, 1973. This law is applicable to all jurisdictions and political subdivisions of the state. This law is designed to place a priority of safety on all employees. This issue of safety was further reinforced with the AWAIR act. This is the "A Workplace Accident and Injury Reduction" Act. This was adopted in 1990. Under the statutory language it requires that the employer furnish the employee with a safe work environment. It also requires the employer to establish a health safety program to prevent accidents in the workplace. The purpose of this policy and program is to deal with these issues in a manner that exemplifies safety as a concern for the City of Albertville and all its employees. The insurance industry states that in incidents of employees, 86% are caused by unsafe acts, 10% are caused by unsafe conditions, and 2% are "acts of God". This makes.98% of all accidents preventable. The average workplace injury in the U. S. results in 3.7 lost work days. the cost to the public is enormous when looking at everything associated with an injury. There is the obvious cost of lost days and the pain for the individual and family. Thee is also an obvious cost in medical bills. But, there are the costs in replacing that individual at the workplace or doing without the needed help and the costs related to administration in health insurance and/or workers compensation. The costs continue if really examined. It is in everyone's best interest to reduce accidents and injury. SECTION 2: STATEMENT OF POLICY The City of Albertville recognizes the importance of the health, safety, and welfare of each of its employees and volunteers. The purpose of this safety manual is to promote safety and, thereby, prevent accidents and injuries. The losses received through the advent of an accident and/or injury represent an untold loss to the injured person and his/her family. All accidents have the capability of being debilitating. They also represent a loss of the employee's ability to realize his/her full earning potential if the loss is through a permanent or extended temporary disability. The loss of a limb, impaired vision, or other crippling injury can't be monetarily measured adequately and remains a sobering example of neglect when dealing with safety issues. Page 4 ...te>+.._.............w..w7a..::...�. ........�.w. .... .. �., t`._..sas.�n�_x..._....,._...,._.,._...... �..,....�...r......`......�:..:.......,...Y...�I:_..�_..y►....�.r.....:.c.:,...«.. .._...._.. ,. _.. _._......... _....•.....�..r._..». _.;:2:•sa.. ALEERTVILLE SAFETY MANUAL Any safety program is wholly dependent on those who are involved. The program itself can not deal solely in basic rules and plans. It also must reflect the attitude of "thinking safety" at all times. This requires an acute awareness of all things and the surroundings that an employee deals with on a daily basis. The primary responsibility for safety rests with the employee; however, it is the responsibility of the employer to deal with safety concerns that transpose that attitude. It is also the responsibility of the employer to provide a safe work environment for its employees. The safety program, as laid out in this document, is a working document. It provides the framework to support an on -going safety program., It MUST become a living, working program through the cooperation and support of all levels of management and employees. With the safety -conscious attitude of the employer and employee, and an indirect public benefit, it is understood that the rules imposed herein are really only a part of any safety program. The rules and procedures outlined within this document can only be a part of a safe work environment. These rules and procedures can't be the "cure all" for any and all safety concerns. Some rules are difficult to detail as they are defined within the procedure of a particular job function. With safety being of primary importance to both the employer and employee, a job hazard analysis for all activities undertaken by each employee is a final goal. This goal can't be accomplished immediately due to the numerous activities that each employee carries out. To reach this goal, however, the City will establish a goal of accomplishing a minimum of six Job Hazard Analyses each Year. These analyses should be done for the most hazardous aspects of the job first and worked back into the least hazardous areas after that. An area of concern for all employees is that of a job where an employee feels a hazard exists. The employee should inform his/her supervisor of the hazard and (hopefully) a remedy. The supervisor should either correct the situation or bring it to the safety committee for recommendations towards a safer alternative to the situation. In doing this, a job hazard analysis becomes a working part of the safety program for all to recognize and utilize. The contents of this safety manual should be widely publicized among employees. It is the City's concern that "Safety Is First" in all areas of an employee's job function. The City has a concern for the welfare of its employees and, with that, every employee shall become familiar with the operation of the program. Page 5 ALBERTVILLE SAFETY MANUAL Any further comments or questions relative to the policy, procedures, or this manual shall be directed to the City's chief administrative officer, who will act in the capacity of safety coordinator. SECTION 3: SAFETY PROGRAM ORGANIZATION Part 1: Safety Coordinator The City of Albertville designates the city's chief administrative officer as safety coordinator for the City. The functions of the safety coordinator shall include the direction and coordination of all safety -related matters of the City. As such, this invo-7Ves attending the regular safety meetings, scheduling of First -Aid and CPR training, scheduling meetings of the Safety Committee and Accident Review Board, and maintenance of the Safety Program itself. Responsibilities of the Safety Coordinator: 1. To organize departmental participation in First Aid Courses. 2. Initiate and maintain a safety program that is effective enough to assure each employee safe and healthful working conditions. 3. To be informed of OSHA regulations and to work for compliance of the regulations. 4. To ensure active participation of employees in the maintenance of an effective program. 5. Assist and coordinate the Safety Committee and Accident Review Board as chairperson. 6. Maintain the Safety Training Log. Part 2: Safety Committee The Safety Committee shall consist of the Safety Coordinator and one representative from each of the following departments: City Hall Public Works Parks Page 6 \ ALEERTVILLE SAFETY MANUAL The Safety Committee shall meet at least quarterly and whenever any member of the Safety Committee calls a meeting. The functions of the Safety Committee are as follows: 1. Develop an outline for safety meetings with training and instruction in the proper methods to use safety equipment, procedures, and safety standards. This includes obtaining safety aids or videos for use at meetings. 2. Review submitted Job Hazard Analyses for clarity, comprehension, and completeness before final adoption by the Committee and inclusion into the Safety Program manual. 3. Each member of the Safety Committee shall act as a resource person for his/her department. This person shall work with the Safety Coordinator in the coordination of all safety programs. Each member shall also discuss the safety concerns of.the safety committee with individual employees of their respective departments. 4. To make recommendations regarding safety procedures. 5. To assist the Safety Coordinator as needed in conducting inspections or monitoring compliance with safety standards. 6. To obtain information of new and/or updated safety standards. Part 3: Accident Review Board The Accident Review Board shall be a committee of the whole of the Safety Committee, and as such will review all accidents regardless of injury or damage. The purpose of the review is two -fold: to review and evaluate accidents to determine cause, and to make recommendations for corrective action. This may be in the form of a revised/new job hazard analysis or other recommendations. Each incident shall be documented for review by the Board. Said documentation need not be elaborate, but it must have enough detail to understand what occurred and what the issues were so they can be discussed. The report should include at a minimum the following: 1. What happened. 2. Cause of the Accident. 3. What can be done to prevent similar accidents. Page 7 ALBERTVILLE SAFETY MANUAL If an incident resulted in injury, the documentation needs to include a more formal report and/or a first report of injury and supervisor's report (as required to be submitted to the City's workers compensation carrier). The Accident Review Board shall meet after each injury to review the facts and make findings concerning the incident. Said findings shall be made within 5 days oft he incident. If the incident did not result in injury or damage, but, had the potential for an accident to occur, it can be reviewed at the next Safety Committee meeting. The Accident Review Board should meet at least quarterly to discuss incidents which did not result in injury or damage to property. All areas where an incident could have lead to damage to property or injury should be reviewed by the Board. if corrective action is needed, positive discipline should be strived for in most situations. Discipline shall be flexible and shall be related directly to the severity of the violation and the condition of cause. Corrective action takes generally two forms: 1. Positive Discipline includes specialized training, refresher training, formal education, required attendance at seminars, or field training. 2. Negative Discipline includes oral/written warnings, suspension without pay, demotion, or in extreme cases, discharge. Examples of how corrective action can be used are as follows: 1. If the violator did not know that the consequences of his/her actions would pose a safety threat, sessions reviewing policy, or additional training, should be looked at initially. 2. If the violator erred, or did not flagrantly violate safety violations, an oral warning and reinstruction shall be given to the employee. 3. If the violator has made a mistake which is dangerous enough, or in such poor judgment, as to reasonably assume that either negligence or lack of common sense caused the action, a written warning shall be issued to the employee. This written warning shall be accompanied with an explanation of what was done wrong and how it should have been handled. This warning will represent cause, or contributing cause, for formal discipline under the City's Personnel Policy. Page 8 ALBERTVILLE SAFETY MANUAL 4. If the violator behaves in a manner deliberately inconsistent and contrary to safety regulations, the Committee shall make recommendations to the City Council concerning disciplinary actions. said recommendation shall include the extent of discipline proposed. The recommendation may include suspension, demotion, or termination of employment, as deemed appropriate with evidence to support such action. This also will represent discipline under the City`s Personnel Policy. Corrective action shall be administered by the City's chief administrative officer unless it involves discipline where formal action needs to be taken by the City Council. Part 4: AWAIR Program Measurement The success of the AWAIR program will be assured through a number of reviews and practices. These will not specifically identify the AWAIR program as the contributing factor in a safer work environment, but rather deal with the underlying issue of a safer work situation. 1. Safety surveys by both employees and inspections. 2. Review of the "OSHA 2000" log. 3. Evaluate the program on an annual basis and make recommendations for corrective actions and deal with improved efficiencies. SECTION 4: RESPONSIBILITIES OF THE PARTIES INVOLVED Part 1: Employees 1. To comply with the rules and regulations contained in the safety manual and including the rules and procedures specified under the job hazard analysis work sheets. 2. To consider the actions of himself/herself in relationship to safety and injury concerns. THINK SAFETY! 3. To report all job related injuries and incidents and those that could lead to an injury. Report any accident which leads to damage to property, equipment, or vehicles (excluding normal wear and breakage.) Page 9 ALBERTVILLE SAFETY MANUAL a. Accidents should be reported immediately! Tell the city's chief administrative officer and fellow workers. Accidents must be reported within 24 hours to the City's insurance carrier. b. List all witnesses to the accident. c. Bt able to give a detailed account for what, type of injury occurred, where, when, what, and who was involved, as well as why and how the accident occurred. d. Incidents that do not result in injury are important! An explanation of what occurred and what prevented injury or damage is also important. City policy is to eliminate all forms of potential harm in the work place. Potential accidents need the attention of all employees.- 4. To become knowledgeable about safety procedures. 5. To use all required safety equipment and the wearing of protective clothing. 6. To be alert to areas of the workplace or faulty equipment which could pose a safety risk, and suggest changes in methods, equipment, or safeguards that would minimize said risk. 7. To report unsafe conditions to the city's chief administrative officer. 8. Attend safety meetings. 9. Participate in the Safety Committee if required. 10. Remember, safety is part of every employee's performance evaluation! 11. Report any suspected occupational illness, acute or chronic, other than one resulting from an injury, caused by exposure to environmental factors associated with employment. Part 2: Management 1. Create a setting of communicating safety in word and in deed. Page 10 _:_.....'.:.:............,..._._:.r.C:'._.....--- ...._._, ,. ----- ............ —all ..r.,..».._.:..--- —.....�.,.... r..... �. ......0 __..... ..........,[..........:.1.'.Y^...._......... ..v......:.1.+. -- tea.. w 41, ALBERTVILLE SAFETY MANUAL 2. To instruct each employee in the safe and proper manner or performance of his/her job, including the safe operation of each piece of equipment. A check list shall be utilized in training individuals on the safe operation of every piece of equipment. These check lists may be found in the Job Hazard Analysis section of the safety manual. 3. To insure that needed safety equipment and protective devices are provided for each job and maintained in good condition. 4. To ensure that all equipment is in good operating condition. 5. To take prompt action on unsafe conditions and work practices. 6. To oversee compliance with the safety manual and safety rules and procedures of the department. 7. To ensure that policies and procedures are established and upgraded periodically to deal with specific needs that are peculiar to their department. 8. Give recognition for good safety practices, following rules and give discipline for violation of safety rules. 9. Have impromptu safety inspections and initiate effective corrective action. 10. Maintain a safety file for each employee concerning safety training accomplished and other safety matters. 11. Fill out supervisors "First Report of Injury" and see that all paperwork is forwarded within one day to the City"s insurance carrier and the Accident Review Board. 12. Report any occupational illness as any other injury. Page 11 ALBERT VI LLE SAFETY MANUAL SECT ION 5: GENERAL SAFETY REGULATIONS Medical and First Aid shall be equipped Part 1= the City shall also be 1 All vehicle oPeraterl by kits Aid kits. First Aid with First all City buildings maintained in with the location of be famWorkrarea, and the Periodic 2. Personnel shouldn each First Aid kits inspection thereof• for cuts, scratches, etc. treatments thoroughly cleaning the 3, Minor medical after infeet,ion- be hsoa la d water to Prevent should with soap and CPR. wounds in First Aid It is will be trainedtheir employment. 4. All employees one year e officer to within chief administrativ. proceduresCitY�s up to the assure this is achieved. cool and remain injury, keep Your In the event of an and KEEP THINKING'. 5' Use common sense orted to calm. e to be transP This eP may be able private vehicle. The injured employ a City or P carefully as facility by be considered ted. a medical however, should c tanCe may be warran in a„sis the person practice rofessional the mind of need for P calling for an the n- question in Pd by If there is any be resolved are instances charge it should condition P The following indicated an ambulance is definite ambulance- in shock• where apparently a. Employee is uncor�scious or b• Any apparent fracture. c• Any hemorrhaging' were abdominal cramps or vomiting• d . Se es and cuts, shall except for minor istrative scrap g. All injuries) except the City chief admin be reported officer. Page 12 ALBERTVILLE SAFETY MANUAL 7. In the event of an emergency requiring professional medical attention, the family of the injured employee shall be notified as soon as possible. Part 2: Fire Protection and Prevention 1. Fire extinguishers, of suitable size and type, shall be available in all buildings and near high fire hazards. 2. Fire extinguishers shall be maintained in fully operating condition, correctly labeled, and kept in designated places at all times when not in use. 3. All City vehicles shall be equipped with fire extinguishers. 4. Extinguishers shall be conspicuously located where they will be readily accessible and immediately available in case of a fire. 5. The City's maintenance department will visually check pressure gauges and seals on extinguishers once a month. 6. All extinguishers will be thoroughly inspected, recharged if needed, and certified once a year. 7. Employees shall be adequately trained in the operation of fire extinguishers and be familiar with the location of them in the work area. 8. All employees will be given fire extinguisher training. 9. Oily rags and flammable wastes shall be kept in covered metal containers, or disposed of properly. 10. Cleaning solvents with flammable properties, and other flammable liquids shall be kept in approved OSHA containers when not in actual use, and labeled properly. 11. Gasoline shall be kept in vehicle gas tanks or explosion -proof containers. Gasoline shall not be used for cleaning purposes. Page 13 ..... ... ...w. .. ...a ......... a..., w..+a.�. ..... .........w .u�a..r..•.r..r u�.ar.•. ....r...... .....a ..e...... us.. - - ur.a+.•.mr�wu...rr..t.r..F-u.s�..6u. �.araw•.+Y:al..r. Gti.� ALBERTVILLE SAFETY MANUAL 12. Fuel oil or kerosene for starting fires is to be used only outside. Gasoline shall never be used for starting fires. 13. No smoking in places where flammable materials are stored, used, or where the "no smoking" sign is posted. Part 3: Housekeeping 1. Housekeeping reflects the safety attitude of the employer and the employee. Housekeeping is a priority in all areas of operations for the City. 2. All aisles, passageways, doorways, sidewalks, stairs, and walking surfaces shall be free of refuse, slippery and/or wet surfaces, misplaced equipment, and tripping hazards. 3. Floors shall be kept clean. An absorbent shall be applied immediately to oil, grease, and flammable accumulations, and shall be cleaned as soon as possible. 4. All washrooms and toilet facilities will be kept at a high level of cleanliness. 5. All wastes shall be disposed in appropriate receptacles. 6. Tools, supplies, and equipment shall be stored in an orderly manner and in such a way as to minimize any danger of fire or collapse causing falling items. 7. A general cleanup will be conducted at least weekly. 8. All exits shall be clearly marked and unobstructed at all times. 9. Flammable and combustible liquids shall be labeled and stored in appropriate storage areas according to OSHA and NFPC regulations. 10. An employee shall report to the City's chief administrative officer any potentially dangerous storage procedures or hazardous conditions. 11. Adequate lighting shall be provided in all work areas to protect employees and the general public. Page 14 ALBERTVILLE SAFETY MANUAL 12. Electrical cords shall not be used in oil or water and shall be inspected for worn insulation and exposed strands of wire before use. 13. All extension cords shall be returned to storage when finished with the job task. Part 4: Vehicle Operations 1. Drivers of City vehicles must possess a valid Minnesota driver's license and shall obey all state traffic rules and regulations. 2. Only authorized personnel shall operate City vehicles. 3. Under state law, all drivers and passengers using City vehicles are to wear safety seat belts. 4. Vehicles shall be maintained in operable condition according to vehicle maintenance manuals, City specifications, OSHA, and MN/DOT regulations. 5. Employees shall be responsible for daily visual inspection of lights, brakes, horns, turn signals, and tires. 6. Operators shall report all unsafe and defective equipment to the City"s chief administrative officer. Defective equipment that causes a safety concern shall not be used. 7. City vehicles are to be refueled only while the engine is turned off. 8. City vehicles shall be parked with the motor turned off and the key removed. 9. All slow -moving vehicles shall be equipped with slow - moving -vehicle signs and use safety flashers when on public right-of-ways and/or streets. 10. No more than three individuals shall ride in the front seat of any City vehicle. 11. No person shall ride in, or on, a vehicle except in approved seat belt equipped locations while operating on a public right-of-way. Page 15 ALBERTVILLE SAFETY MANUAL 12. No person shall ride on any portion of a motor grader, tractor, or similar equipment, except within the cab. 13. Drivers shall not permit vehicles to be loaded beyond the capacity of the unit or permit loading which obstructs the operator's vision or which may spill from the vehicle. 14. All equipment or tools carried in or on a vehicle shall be placed in compartments or securely fastened in such a manner as to not cause harm. 15. Drivers shall be particularly cautious when driving near children. 16. Children shall be kept from playing in or about City - owned vehicles or equipment. 17. When driving into, out of, or near buildings, it shall be done slowly and with extreme care. 18. Personnel shall not jump on or off any moving vehicles. 19. Backing up equipment or large vehicles shall be avoided unless absolutely necessary. If backing needs to occur, the driver may do so only after first checking to see that adequate clearance is available on all sides and rear. Backing would then be done slowly and while using extreme caution. During the backing procedure, the driver will continuously check to all sides using the mirrors as well as turning to view the situation. A signal person should be used when backing up equipment or large vehicles into areas where blind or obstructed views exist, such as (but not limited to) garages or where pedestrian traffic is possible. Part 5: Personal Protective Equipment and Clothing 1. General a. Proper personal protective equipment shall be provided, maintained, and kept in a sanitary and reliable manner. b. Protective equipment shall be utilized when there is a hazard in the work environment that can be minimized by the use of said equipment. Page 16 ALBERTVILLE SAFETY MANUAL c. The City's chief administrative officer shall be responsible for enforcement of rules regarding the wearing and/or use of protective equipment. 2. Eye and Face Protection All employees assigned to a task involving the likelihood of an eye or face injury shall wear proper protection. The following is a list, of equipment where proper protection is to be worn. This list is limited, and additional items may require the wearing of protective equipment which are not listed. The employee shall wear protective equipment if in doubt, a. Operating grinders. b. Handling open muratic acid containers. c. Changing mercury vapor lights. d. Using an air compressor. e. Using a paint stripper. f. Making hand excavations in asphalt or concrete. g. Pounding open manhole covers seals, operating jack hammers, cutting with chisels, using power saws and other power equipment involving danger of flying particles. .:Welding operations. i. The City will furnish OSHA -approved safety frames and lens for any employee required to wear them. Employees requiring corrective lens will pay only the cost of the examination (if necessary) and �-� the additional cost for the corrective lens. 3. Respirators On jobs involving exposure to harmful dusts, fogs, fumes, mists, gases, smokes, sprays, vapors, or lack of sufficient oxygen, proper respiratory protection shall be used. The work area shall be appropriately surveyed for conditions and degree of employee exposure or stress. Page 17 ALBERTVILLE SAFETY MANUAL a. The maintenance department shall be thoroughly instructed in the proper use of respiratory protection (and its limitations) and the potential hazards they are exposed to when working on assignments involving use of this equipment. b. Suitable breathing devices shall be accessible for work in environments which present atmospheric hazards. c. Respirators shall be inspected periodically and after each use. Worn or deteriorated parts shall be replaced. d. Respirators shall be maintained and disinfected routinely and documented as such. e. Respirators shall be stored in a convenient, clean and sanitary location. f. Use and maintenance of fresh air masks: 1) An employee shall have a standby employee available in the event of entering a potentially hazardous area. 2) Employees shall be secure in a properly fitting face seal and in its operation. 3) Masks should not be worn when conditions prevent a good face seal, such as a beard, sideburns, or a cap. Any employee who may, in the performance of his/her duties, have the need to wear a self-contained breathing apparatus shall refrain from growing facial hair that would prevent the individual from achieving a proper seal on the mask. 4) The wearing of contact lenses is not authorized while wearing masks in contaminated atmospheres. g. The effectiveness of the measures above shall be evaluated periodically and adjustments made as needed. Page 18 ALBERTVILLE SAFETY MANUAL 4. Head Protection Hard hats shall be kept in good repair and proper adjustment and shall be worn only by the individual to whom they are assigned. They shall be worn in any operation where there are hazards of being struck by falling objects, machinery, moving loads, or being bumped in confined spaces. This includes, but is limited to, the following: a. While in excavations, manholes, trenches, and low headroom areas. b. While trimming trees on ground or in an aerial bucket, and using a brush chipper. c. When changing lights in an aerial bucket. d. While working with an air compressor. e. While loading or unloading playground equipment. f. In any area where hazards exist. 5. Hearing Protection Whenever there are activities involving machines or equipment that produce sound levels which could cause hearing loss, proper hearing protection such as muffs or plugs should be used. The types of activities where hearing protection is recommended includes, but is not limited to, the following: a. Operating a jackhammer. b. Operating a chain saw. c. During lawn mowing. d. While operating the fire pumper truck. e . During operations of any equipment or in areas of high noise levels. Any noise exposure in excess of those established by MN OSHA Standards 1910.95 (Table G-16) shall require the use of hearing protection. Any exposure which equals or exceeds an 8-hour time -weighted average Page 19 ALBERTVILLE SAFETY MANUAL sound level (TWA) in excess of 85 decibels shall invoke a hearing conservation program on behalf of the City. Work within the City shall be scheduled so as to keep any exposure to high decibel noise to a minimum. 6. Protective Clothing a. Safety vests shall be worn by all employees working on or near public roadways including flag people directing traffic. b. Protective gloves and clothing shall be worn while handling caustic or dangerous chemicals, while welding, handling batteries, and while changing mercury vapor and sodium vapor lights. c. Safety or work shoes or boots are recommended to be worn in all jobs involving handling or moving heavy material, during mowing operations, while doing street maintenance, and while doing ground maintenance activities. Work -type shoes and boots are recommended. Sneaker -type shoes are not permissible. If safety shoes with steel toes are preferred by an employee, a $20 allowance shall be given an employee who presents evidence of purchase. d. Employees shall not wear loose, flowing, or ragged clothing on or near moving machinery or equipment. e. For outdoor work in winter weather, layers of loose, warm, fairly lightweight clothing is recommended. f. Firefighters will wear specific personal protective clothing as required by the department. 9. Employees shall wear shirts and full-length slacks/pants for jobs involving construction or maintenance projects, such as streets, sewer, ground maintenance, parks, etc. 7. Lockout/Tagout Policy It shall be the policy of the City to employ a program which utilizes a procedure for affixing appropriate lockout or tagout devices. These devices are utilized Page 20 ALBERTVILLE SAFETY MANUAL to disable machines or equipment, to prevent injuries by preventing unexpected startups or releases of energy. a. Each employee shall have in his/her possession a padlock for use as a lockout device. Only that person shall have the key to their personal padlock. Said lock shall be used to prevent the operation of said equipment. b. Tagouts shall be employed for all pieces of equipment where a lockout device can't be utilized. Tagouts shall be located at the starter locations and have the name of the individual involved written on them. Part 6: Motorized Equipment and Power Tools 1. One or more methods of machine guarding shall be provided on machines to protect from hazards created by nip points, points of operation, rotating parts, and flying chips or sparks, as mandated by OSHA. 2. Machine guards shall not be altered or removed except for repair. 3. Machines shall not be left running unattended. 4. Equipment shall be used only for jobs for which they are designed. 5. Defective tools and equipment shall not be used. 6. Defective motorized and electrical equipment shall be immediately tagged "out of order". (Tags should be readily available.) 7. Repair work on any motorized or electrical equipment shall be done only after the machine has been "locked out" and a "do not operate" tag is near the start mechanism. 8. All electrical equipment shall be properly grounded, 9. Electrical cords shall not be frayed or worn and placed to prevent tripping hazards. They shall not be located as to be subject to damage by traffic or machinery. Page 21 ALBERTVILLE SAFETY MANUAL 10. The City's chief administrative officer will be responsible for securing the proper training of employees in the safe use of equipment or power tools they are to operate. Part 7: Mowers and Tractors 1. Before leaving the shop, the operator shall inspect spark plug wire, mower blades, gears, pulleys, etc., to determine their condition and report discrepancies to the City's chief administrative officer. 2. Before operating such equipment, the employee shall also check to determine that the machine has the proper chain guards, that the gas tank is full and not leaking, and the wheels, handles, and bolts are tight. Also, the housing should be checked for cracks or loose mounting flanges. 3. The area to be mowed shall be inspected for wire, sticks, and miscellaneous objects which should be removed before mowing. 4. Bystanders shall be warned by the operator of danger of flying objects. 5. Mowers shall not be left unattended with the engine running. 6. Loose -fitting clothing shall not be worn while operating or working around such equipment. Shirts and full-length slacks shall be worn while operating or working around all equipment. 7. Operators shall wear proper foot protection. 8. Proper eye protection shall be used. 9. The mower shall be refueled only when the engine is off. 10. When loading or unloading such machinery, the employee shall disconnect the spark plug wire. Gloves shall be worn while loading or unloading such equipment. Part 8: Hand Tools 1. Hand tools shall be kept in good condition. Page 22 ALBERTVILLE SAFETY MANUAL 2. The right tool shall be used for the right job. 3. Hand tools shall be used correctly. 4. Hand tools shall be kept in a secure location. Part 9: Ladders 1. Defective ladders shall not be used. 2. All ladders shall be inspected periodically for warping, cracks, loose rungs, sharp projections, and general condition. 3. Only one person shall occupy a ladder at a time (except for firefighters). 4. Metal ladders shall not be used near electrical power lines. 5. Ladders shall be securely braced and mounted only on secure surfaces. 6. Ladders shall be maintained in good condition. 7. When using an extension ladder extended to a height of 15' or greater, a safety person should be at the foot of the ladder to prevent the ladder from slipping out or moving sideways. Part 13: Tree Trimming Operations 1. All tools and equipment shall be maintained in good condition. 2. Safety hats, goggles, gloves, chaps, and ear protection shall be worn. 3. Ropes shall be kept coiled when not in use and shall be inspected periodically. 4. Only authorized personnel shall operate power tools and equipment. 5. Partially sawed limbs shall not be allowed to remain on the tree. 6. Chain Saws Page 23 ALBERTVILLE SAFETY MANUAL a. Before operations begin, the operator should check the condition of the chain, blade, and muffler. Report any defective parts immediately. b. The engine shall be turned off when refueling. c. The chain saw shall be held with both hands during use. d . The operator shall wear a tight -fitting shirt and cuffless slacks to minimize the danger of becoming snagged by tree branches. e. Operators shall inspect wood to be sawed for foreign objects such as nails. f. Cutting directly overhead is prohibited. g. Employees shall not, operate a chain saw unless there is at least one other employee in the immediate area in which operations are to take place. Part 11: Underground Work 1. Sewers a. Guards and signals shall be placed around any area in which employees are engaged in street excavation, repair, or sewer cleaning. b. Manhole covers shall be raised slightly on one edge and then slid away from the hole. c. Employees engaged in sewer cleaning operations shall wear gloves. d. Before entering a manhole or lift station, the area shall be tested for poisonous or explosive gases or for lack of oxygen. Fresh air respirators shall be kept close at hand. e. No smoking shall be allowed in the immediate area around an open manhole. f. Whenever an employee must enter a manhole, another employee shall remain on the surface to offer help, if necessary. Page 24 ...:..<�....a,..... :.5� w.4f.:. �....ti......... �i...rsv.. �u.. .._ �. r..._.J:�a...�. n�• Y... n:.: ♦.Sa..yr....,�,+.....� ALBERTVILLE SAFETY MANUAL 2. Trenches a. All trenches 5" or deeper shall be securely cribbed, shored, or laid back to a stable slope. When employees are required to be in trenches over 4' deep, a ladder or other reliable means of entrance or exit shall be provided. b. All trenches shall be guarded by light, signs, fencing, etc. to prevent public access near the work location. Alternate crossings for pedestrians shall be provided. c. The ground opening shall be covered or barricaded overnight when the work exceeds one day in duration. d. Shoring shall be checked each day before work begins. Part 12: Elevated Work Situations 1. Scaffolding shall be furnished and erected in accordance with OSHA standards 1910.28 (Safety Requirements for Scaffolding) for personnel engaged in work that, cannot be done safely from the ground or from solid construction. 2. If scaffolding is constructed to be used on wheels, the unit must be secured to prevent movement when in place. Employees must be on the ground when the scaffolding is moved to a new location. Part 13: Welding 1. Welding equipment shall be chosen for safe application to the work and shall be installed properly. Employees designated to operate welding equipment shall be properly instructed and qualified to operate it. 2. Mechanical ventilation shall be provided when working inside when welding and cutting: a. Beryllium, cadmium, lead, zinc, or mercury. b. Fluxes, metal coatings, or other material containing fluorine compounds. c. Where there is less than 10,00 cubic feet per welder. d. Where the overhead height is less than 16'. Page 25 ALEERTVILLE SAFETY MANUAL e. In confined spaces. 3. Proper shielding and eye protection to prevent exposure from welding hazards shall be provided to personnel. 4. Proper precautions, such as isolating welding and cutting, from fire hazards shall be taken in areas where welding or other "hot" work is being done. 5. The electrode lead cables shall be frequently inspected. Cables with damaged insulation or exposed bare conductors shall be replaced. 6. Cylinders used in welding: a. Compressed gas cylinders shall be kept away from excessive heat, shall not be stored where they might be damaged or knocked over by passing or falling objects, and shall be stored at least 20" away from highly combustible materials. b. Where a cylinder is designed to accept a valve protection cap, caps shall be in place except when the cylinder is in use or is connected for use. c. Acetylene cylinders shall be stored and used in vertical, valve -end up position. d. Oxygen cylinders in storage shall be separated from fuel -gas cylinders of combustible materials (especially oil or grease) a minimum distance of 20" or by a non-combustible barrier at least 5" high having a fire resistance rating of at least 1/2 hour. Part 14: Spraying of Herbicides, Pesticides, and Fungicides 1. All personnel involved in spraying operations must receive training in spraying safety and be Minnesota state licensed as a sprayer. 2. Respirators and protective clothing shall be worn while loading, spraying, rinsing, and cleaning spraying equipment. 3. Spraying equipment must be inspected and thoroughly checked out prior to its use. Calibration should be performed periodically throughout the season. Page 26 ALBERTVILLE SAFETY MANUAL 4. When operating a sprayer in the presence of the public, care should be taken to notify and alert them of drifting spray hazards. 5. Spills shall be contained and dealt with promptly and the City's chief administrative officer shall be notified as soon as possible. 6. Confer with the City's chief administrative officer if weather patterns change during spraying operations. 7. Confirm application of materials as it relates to use, rate, and mixture. 8. When using spray gun and hose, care should be taken to avoid drift which would endanger wildlife, people, or unintended contamination. Page 27 A0408 ECONOMIC DKV=PM'NT 1040 469.095 COMM3SSIONERS; APP01NTMENT, TERMS, VACANCIES, PAY, REMovwl.. Subdivision 1. Commissioner,. Except as provided in subdivision 2, paragraph (d), an economic development authority shall consist of either three, five, or seven commis- sioners who shall be appointed after the enabling resolution provided for in section 469.093 becomes effective. The resolution must indicate the number of commissioners constituting the authority. Subd. 2. Appointment. terms; rad►rtdes- (a) Three -member authority: the commis- sioners constituting a three -member authority, one of whom must be a member of the " city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of two, four, and six years, respectively. Thereafter all commissioners shall be appointed for six -year terms. (b) Five -member authority: the commissioners constituting a five -member author- ity, two of whom must be members of the city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of two, three, four, five, and six years respectively. Thereafter all Commissioners shall be appointed for six -year terms. (c) Seven -member authority: the commissioners constituting aseven-member authority, two of whom must be members of the city council, shall be appointed by the mayor with the approval of the city counciL Those initially appointed shall be appointed for terms of one, two, three, four, and five years respectively and two mem- bers for six years. Thereafter all commissioners shall be appointed for six -year te= (d) The enabling resolution may provide that the members of the city council shall serve as the commissioners. (e) The enabling resolution may provide for the appointment of members of the City council in excess of the number required in paragraphs (a), (b), and (c). (f) A vacancy is created in the membership of an authority when a city council member of the authority ends council membership. A vacancy for this or another rea- son must be filled for the balance of the unexpired term, in the manner in which the original appointment was made. The city council may set the term of the commission- ers who are members of the city council to coincide with their term of office as members of the city council. Subd. 3. Increase in commission members. An authority may be increased from three to five or seven members, or fmm five to seven members by a resolution adopted by the city council following the procedure provided for modifying the enabling resolu- tion ' 'on 469.093. Subd 4. Compensation and reimbmument. A commissioner, including the presi- dent, shall be paid for attending each regular or special.meeting of the authority in an amount to be determined by the city council. is addition to receiving pay for meetings, the commissioners may be reimbursed for actual expenses incurred in doing official business of the authority. All money paid for compensation or roimbursetneat must be paid out of the authori s budget. u S. Remoras for cruse. A commissioner may be removed by the city council for inefficiency, neglect of duty, or misconduct in office. A commissioner shall be removed only after a hearing. A copy of the charges roust be given to the commissioner at least ten days before the hearing. The commissioner must be given an opportunity to be heard in person or by counsel at the hearing. When written charges have been sub- mitted against a commissioner, the city council may temporarily suspend the commis- sioner. If the city council finds that those charges have not been substantiated, the commissioner shall be immediately reinstated If a commissioner is removed, a record of the proceedings, together with the charges and findings, shall be filed in the office of the city clerk History: 1987 c 291 s 96 e-. s S 3 I -L I 0 N Stir 3 0 3 n 0 V 3 -7 - JAI-V L Z : T T % 6 ' 0 T ' 8 0