10/18/2004 BWS - 4582�
� William W. Burns
M E M O R A N D U M City Manager
arr aF
FRIDLEI(
Memo to: The Mayor and Council (),)
From: William W. Burns, City Manager �1���
Subject: Budget Work Session
Date: 10-12-04
Staff has met on several occasions to discuss the October budget work session. We would like to
recommend that Council use its time on Monday night to focus on the following budget topics:
1. Cost of living adjustment (COLA) for City employees.
2. Employee health insurance benefits for 2005.
3. Recommendations for reducing the number of tennis courts in City parks.
4. A review of the likely tax impact of the proposed 2005 City property tax levy.
5. The addition of 73rd Avenue resurfacing to the Capital Improvements budget.
6. Update on Utility Rates.
7. Restoration of items cut from 2004 budget:
a. University Avenue corridor mowing.
b. Employee tuition reimbursement.
c. Restoration of funding for national conferences.
d. Citizen Survey.
e. Contribution to Mediation Services of Anoka County.
f. Others?
We have attached staff inemos and recommendations on these items.
The meeting will start at 7:00 p.m. in Meeting Room 1 on the lower level. I plan on having Rick
Pribyl, Jon Haukaas, Deb Dahl and Jack Kirk there to join our discussion.
Attachments
emo
��
To: William W. Burns, City Manager �
From: Deborah Dahl, Human Resources Director ��
Date: October 15, 2004
Re: RECOn��NDATIONS FOR 10/18/04 COiTNCIL BUDGET MEETING
As you make your final decisions for the 2005 budget, I am making the following recommendations for
you and the Council to consider:
A. Cost of Living Adjustment for 2005
Recommendation: Award 3% COLA to all groups for 2005 at an additional cost of
approa�imately $104,315.
Rationale:
a) As you are aware, the City budgeted a 2% COLA for a11 groups in 2005. The police patrol
union requested arbitration and was awarded a 3% cost of living adjustment far 2004 and
2005. Giving non-unions and other unions the same adjustment for 2005 is the fair thing to do
and will provide consistency as well as minimi�e further grievances or arbitrations.
b) This recommendation includes the back-pay of the additional 1% for patrol and sergeants for
2004 at a cost of approx. $23,988.
c) Labor Relations Associates (the City's labor consultants) has reported an average increase of
3.1 % for patrol union wages in 2004. Seven (� of the Twenty-three (23) cities who have
settled far 2005, reported an increase of 2.7%.
d) At a 2% COLA for 2004, Fridley continues to trail the market The 2004 Twin Cities Metro
Area Comp Survey, compiled by Stanton Group, has reported the following for all groups:
• An average of 2.7% overall increase in pay structure (ranges) occurred between 2003 and
2004.
• Group 5 cities received 2.8% COLA.
• Nationwide Cost of Living Adjustment - 2.1% (CPI for Urban Wage Earners and Clerical
Workers, CPI-V�
• Minneapolis-S� Paul Cost of Living Adjustrnent -1.6% (CPI-V�
e) Metro Area TUG List (Public Sectar HR Directors and Managers) reported COLA increases
at an average increase of 2.46% for 2004 and 2.88% for 2005 (Aug. 2004).
B. Recommendation: Approve the City's health insurance contribution and renew the
contracts with HealthPartners and Delta Dental.
Rationale:
• The City prepared and budgeted for a 15% increase in health insurance for 2005 and a
5% increase in dental coverage.
In August, we received a renewal rate of 16% with HealthPartners. Our insurance broker,
Financial Concepts, Inc. was able to negotiate with the carrier and receive a final renewal
of just 9%. They said that the City's wellness program and lower claims experience were
major factors in reducing the renewal rate. By using a renewal rate of 9% and revising
changes in participation, the City will realize a savings of approaumately $29,000 in
2005.
• I am recommending that the City maintain coverage with HealthPartners and keep the
same plan design and contribution levels.
• The renewal for the dental plan came back at no increase for the current plans. Since the
City of Fridley has fallen behind in the contribution amounts for employees compazed to
other cities, I have recommended an increase in the City's contribution from $15 to $20
per month. This figure is already built into the 2005 budget so you will not see any
additional impact to the budget.
• In a11 of our benefit plans, we will continue to look at the marketplace to offer attractive
and competitive plans as well as control costs and exposure to the City. While we have
been strongly considering offering high deductible plans (eg. HRA/HAS's) I am not yet
comfortable with this option in 2005, due to little experience and participation within
other cities, the uncertainty as to the survivorship of the funds, as well as the complicated
implementation/education process.
C. Recommendation: Fund up to $34,736 in overtime pay for sergeants.
Rallonale:
This was an unbudgeted expense for 2005. As you are aware, the new Fair Labor
Standards Act rules have been amended as of August 2004. Police sergeants who were
previously considered to be exempt from overtime, are now considered to be first
responders and, therefore, should be classified as hourly and receive overtime. In order to
comply with federal standards, the City is required to pay overtime to this classification.
• This estimate includes a 3% COLA and is considered to be the m�imum or worst case
scenario. It is more probable that some sergeants will elect to take compensatory time in
lieu of overtime, which may further reduce this projection.
D. Recommendation: Authorize up to $40,000 in Compensation and Classification
Adjustments
Rationale:
• Because of recent budget reductions, the City has delayed or deferred any job
reclassifications or market adjustments for two years, affecting our ability to remain
competitive in the marketplace.
• According to the Twin Cities Metro Area Salary Survey, our supervisor and director
positions are consistently falling 6-10% below the rates paid for comparable positions
within the Stanton Group V cities. The salaries of our hourly employees, however, are on
par with those compared to Stanton Group V.
• In addition, the layoffs and staff reductions have affected the City's compliance with Pay
Equity, where we are falling further out of compliance. While we are not required to file
our ne� report until 2008, we are required to sta.y in compliance at a11 times. Any
violations could expose the City to significant fines, claims or litigation, therefore, it is
essential to rectify this situation immediately.
If you accept these recommendations, the additional cost to the 2005 budget will break down as
follows:
3% Cola and police back-pay
Health Insurance
Dental Insurance
Sergeants Overtime
Compensation Adjustments
Total
$104,315
-29,000
0
34,736
40,000
$150,051
I have provided supporting documentation for your review. I will be available at the Oct. 18, 2004
budget meeting to answer any questions you or the Council may have. Thank you for your assistance
in this process.
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2005 - Budget (General Fund Only)
City of Fridley
Summary of Insurance Changes (REVISED)
Budgeted Actual Difference
Health Insurance 2004 2005 2005 from Budget % Diff
9% Renewal Rate
City Contribution Single (100%) 4,008.36 4,622.20 4,369.08 -253.12 -6.3
Family (80%) 8,978.64 9,772.55 9,786.72 14.17 0.2
Cash 3,204.00 3,204.00 3,204.00 0.00 0.0
Annual Base Prem. Single 4,008.36 4,609.61 4,369.08 -240.53 -6.0
Family 11,223.36 12,906.86 12,233.40 -673.46 -6.0
Participation Single 27 27 30 3 11.1
Family 45 45 42 -3 -6.7
Cash 37 37 35 -2 -5.4
Annual Leave 8 8 10 2 25.0
Total 117 117 117 0
Cost to city Single 108,225.72 124,799.40 131,072.40 6,273.00 5.8
Family 404,038.80 439,764.75 411,042.24 -28,722.51 -7.1
Cash 118,548.00 118,548.00 112,140.00 -6,408.00 -5.4
Total 630,812.52 683,112.15 654,254.64 -28,857.51 -4.6
Actual Budgeted Actual
Monthly Premium Rates 2004 2005 2005 Difference
Base Plan Single 334.03 384.13 364.09 30.06
Family 935.28 1,075.57 1019.45 84.17
High Option Single 357.32 410.92 389.48 32.16
Family 1,000.49 1,150.56 1090.53 90.04
budget.2005.insurancesummary (rev.10/13/04) Insurance summary.revised.xls
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Recreation and Natural Resource Department
emo
To: William W. Burns, City Manager �
. '� ..J�/
From. Jack Kirk, Director of Recreat�on and Natural Resources
Date: October 12, 2004
Re: Tennis and Basketball Court Study
At the September meeting of the Parks and Recreation Commission, the
Commission approved the staff recommendations included in the tennis and
basketball court areas study. The recommendations call for the elimination of
nine tennis courts, one basketball court and some additional steps to help
reduce the long term maintenance costs associated with the hard surface court
areas.
The recommendations from the Tennis and Basketball Court Study are as
fol lows:
• Remove the two north courts at Commons Park and replace with
sand volleyball courts
• Remove the finro courts at Craig Park and replace with a grass
open play area
• Remove the two tennis courts at Briardale Park and replace with a
single tennis court
• Remove the single tennis court at Springbrook Park and replace
with a grass open play area
• Remove the two tennis courts at North Park Elementary School or
explore turning maintenance of existing courts over to school
district
• Remove the tennis court and basketball court at Woodcrest
Elementary School or explore turning over the maintenance of
existing courts to school district
• Remove existing single tennis courts and replace with new single
courts at Edgewater Gardens, Madsen, and Sylvan Hills parks.
• Keep existing tennis courts at other park locations and provide on-
going color-coating and maintenance to retain good playable
surfaces.
• Remove the basketball court at Oak Hill Park and replace with a
grass area and picnic tables.
• Remove the old basketball court surfaces and replace with a half-
court asphalt pad at the following parks: Edgewater Gardens,
Glencoe, Jay, Summit Square and Sylvan Hills.
• Remove and replace basketball court areas at Briardale Park,
Madsen Park, and Plymouth Square Park.
• Keep existing basketball courts at other park locations and provide
on-going asphalt sealing and/or color-coating to retain good
playable surFaces.
• Add a full-court basketball area to the Fridley Community Center
outdoor play area.
The recommendations include removing 9 additional tennis courts from those
currently provided in the park system. That would amount to 15 city provided
courts remaining, in addition to the 13 public school courts for a total of 28 tennis
courts. This would be a reduction from our high point of 40 tennis courts in our
community approximately ten years ago. The recommendations would only
result in a reduction of one basketball court area if a court were installed by the
Fridley Community Center to replace the one being removed at Oak Hill Park.
However, the smaller playing surfaces at some of the basketball courts and a cut
back in color coating of surfaces will save dollars in our parks improvement
budget.
The Parks and Recreation Commission has been concerned about the high cost
of maintaining the court areas and recommended action in the past few years to
help reduce long-term costs. Action already taken in the park system includes:
• Removed finro tennis courts at Logan Park in 2001 and replaced with one
tennis court and a small basketball playing area
• Removed two tennis courts at Terrace Park in 2002 and replaced with
one tennis court and a small basketball playing area
• Removed the basketball court at Springbrook Park in 2002
The proposed Parks 5-Year Capital Improvement Program budget for 2005 has
identified $62,000 for court surfacing and overlays. Since we have not done any
repair, replacement or color-coating of courts for the past finro years, I would
recommend that we keep that amount in next year's budget in an attempt to
catch up on some overdue work. Adopting the recommended plan for the tennis
and basketball courts will provide a significant savings in the long run, as we
could save as much as $223,000 over a ten year period. That amount assumes
that the City would be making the needed replacement of courts and providing
the regular upkeep to maintain good playing surfaces. If this plan were
approved, I would anticipate that it would be implemented over a five to six year
time frame. Some of the work on the court areas could begin as early as next
spring. I will be at the October 18, 2004 City Council conference meeting to
discuss the plan.
��
��
To: William W. Burns, City Manager ,�m
From: Richard D. Pribyl, Finance Director ��'
Re: Tax Impacts
Date: October 14, 2004
Attached are the tax impacts that are estimated based on valuations for property taxes payable in
2004. I have provided both the increase due to the LGA levy back and the Springbrook levy. An
easy rule of thumb for estimating tax based on value is that for every $10,000 in market value, an
additional $3.23 in property taxes is generated for both levies.
RDP/me
Attachment
Tax increases proposed for 2005
2004 2005
Market City Est City
Residerrtiai Value Taxes Taxes
$200,000
$210,000
$220,000
$230,000
$240,000
$250,000
$300,000
$350,000
$400,000
$605
$635
$685
��
$726
$756
$907
$1,059
$1,209
$1,0
$1,1
$1,3
Increase Increase Total
LGA Springbrook
$65
$68
$71
$74
$78
$$1
$97
$113
$130
$26 $90
$27 $95
$28 $99
$29 $104
$31 $1d8
$32 $113
$38 $135
$45 $158
$51 $181
City of Fridley
TO: William W. Bums, City Manager 1�`
�
FROM: Jon fl�aas, Public Works Director
DATE: October 5, 2004
SUBJECT: Request for Adjustrnents to 2005 Budget
PW04-070
We have noted a few things we would like to change in the 2005 budget since it was originally
compiled this past spring.
The first item is an increase in the amount budgeted for our GIS consultant The proposed budget
shows a carryover of the amount budgeted in 2004 at �27,500. We have since received their
proposal for 2005 which includes a slight increase to �28,200. Request the budget for the
contract GIS services be increased by �700 to �28,200.
The second item is to include a mill and overlay project for a project on our Minnesota State Aid
street system. To maintain our status as a completed system and be allowed to use some of this
money for the rest of our streets, we need to continue to do a certain amount of maintenance on
those roads. Because many of these roads have higher volumes of traffic and heavier trucks, the
roads have shown more wear and tear. ln particular, 73`� Avenue between Central Avenue west
to Baker Street is becoming severely wash boarded. The cost for this project will be entirely
covered by our MSAS account funds or by special assessment Request a line item for an MSAS
mill and overlay project at a cost of �100,000 be added to the 2005 capital improvement project
budget In following years we are looking at portions of 7"' Stree�, Matterhom Drive, Gardena
Avenue and 61S` Avenue needing similar treatrnents. The MSAS funds used from this project are
from the portion that can only be used on the system. Therefore, this will not have an impact on
the amount available to be used for our neighborhood sh-eet project
A final item, and the only item with a significant impact on the budget is the need to add a soil
cleanup project using a°vapor extraction system" to finish the cleanup of the old gas tanks at the
City Garage. These tanks were replaced several years ago but not before there was contamination
of the surrounding soils. The MPCA has authorized moving ahead with cleanup. We have been
working with a consultant DPRA on this since the tank replacement They estimate the cost of
the work to be around �100,000. The good news is that appronimately 90% of this will be
reimbursed by the Petrofund.
Recommend inclusion of these costs and reimbursements in the 2005 General CIP.
(f necessary, we will be prepared to discuss these items at the upcoming budget conference
session.
Jtiti:cz
To: William W. Burns, City Manager �.��
From: Richard D. Pribyl, Finance Director �
Re: Utility rate Increases/Projected losses
Date: October 13, 2004
Shown below are the projected rate increases that we had shown Council at the budget planning
session earlier this year. The information shown below provides the anticipated loss for each utility
fund at the Charter Limited rate increase along with the anticipated loss. I have also run a scenario
that calculates what the rate would need to be to break even.
The Sewer Fund pro forma was recalculated a short time ago due to a change made by Met Council
Environmental Services as a result of revenue shortfalls that they experienced within the entire
system over the past few years. They redesigned the formula they use to calculate billable flows. In
this particular case we benefited from the calculation, thus causing the 2004 cost to drop by
approximately $192,775. This new information has been incorporated in the financial data shown
below in the Sewer Fund.
Rate Estimated
Water Fund Increase % Inc./Loss
Charter limited rate increase 1.70% $ 276,840.00
Break even rate increase 19% $ -
Sewer Fund
Charter limited rate increase 1.70% $ 160,962.00
Break even rate increase 7% $ -
Storm Water Fund
Charter limited rate increase 1.70% $ 77,622.00
Break even rate increase 7% $ -
RDP/me
� ,„
Memo to: The Mayor and Council �
From: Wil6am W. Burns, City Manager�t!N
Subject: Restoration Items
Date: 10-14-04
As part of my review work for Monday's budget discussions, I took a look at the list of items we
cut from the 2004 budget and selected five items that I thought were most worthy of restoration,
Since we have a scary legislative session ahead of us with Phil Krinkie being the likely chair of
the House Tax Committee and a$1.1 billion budget deficit facing legislators for 2006-2007, I
did not recommend restoring personnel. Here's my list and the approximate cost impact of each
item.
University Avenue Corridor Mowing...While it won't help with the fence, I think it will help
the corridor image. In the past, we have spent between $17,000 and about $20,000 for this
service. I believe it would be safe to restore $25,000 for this purpose. Jon Haukaas was not
available this week but will be available Monday night to refine my guess.
Employee Tuition Reimbursement ... We were forced into restoration of tuition
reimbursement by police arbitration. I am suggesting that we restore it for all employees. Since
we spent an average of just over $19,000 a year during the most recent year in which tuition
reimbursement was in effect, I'm suggesting that we restore $20,000 to the budget for this
purpose.
Restoration of Funding for National Conferences ... We ha.ve denied nationa.l conferences to
our department mana.gers over the last two years. I regard this cut as a short-term item that ought
to be restored in order to reward and maintain a very talented group of department managers. I'm
also recommending tha.t Council rejoin the National League of Cities and that you budget for
attendance by two Council members at their na.tional conferences.
The cost of restoring national conferences for my self and the department managers is
approxima.tely $13,500. The Cost of rejoining the National League of Cities is $1,600. The cost
for two Council members attending two nationa.l conferences is $6,600 .
Biennial Citizen Survey ... We did our last survey in 2001. I believe the survey is valuable as a
means of ineasuring citizen use and satisfaction with City services. It is also a good tool for
measuring citizen response to issue questions and a good source of socioeconomic da.ta. The
cost for conducting this survey would be $25,000.
Contribution to Mediation Services of Anoka Connty ... There aze two things that are driving
my recomrnendation to restore funding to this group. We are living in an increasingly divided
and more diverse society. I also know from our e�eriences here with Fridley court cases tha.t
judges, more often than not, work to get litigants to resolve their own problems after litigants
have spent thousands of dollars on attorney fees. Mediation Services offers an inexpensive,
proactive and effective method of dispute resolution. While it may not be a good reason to
reswme our support, I also know that Fridley is just about the only Anoka County city that does
not provide fmancial support for this organization.
m
I've included a newsletter article tha.t I wrote on Media.tion Services about two years ago and a
more recerrt article on the effectiveness of inediation programs from the police chiefls magazine
as packet materia.ls for your reading pleasure.
The budget impact of restoring support for Mediation Services would be 10 cents per capita or
about $2,750.
The total cost impact of these frve recommendations ....... $94,450.
, 0�� 14 04 10:10a MEDIRTIOH SERVICES 763-422-0808 p.2
-_ . ..:;;�;+�r
Seeki�g Peaceful Alterna�ives
Six mediation programs in
disputes to solve their own
By Ellie M. Bayrd
Durirtg n schaol lunc/r hnur; three
upperclass»ien join fares to embar-
rass ��oerng�r students. Fuoc1 trn��s ar•e
"a��►d�»rnu,� �� spilled and the victems'
clorhes and boaks ar� damaged. !he
vic�irnscornpinin of rncial bias a�zdfee.l
hur►.
A neig/T6nr•liood struggles witl� zon-
ing rs.cues, disgrunrled ►iult a hu.rines.c
has been huilt despile their crnu•erns.
The neighbnrltood reside�us con:plairi
tlwt 1lreir griei�anr.es• Irave heen i�-
r:nred.
/n boNt of th.e aboi�e examples, the
��ictints called law enforremerrt and the
case was referred to Mediatio�i Ser-
vices .for Anoka. Instead o( la►�� en-
,forcement a�- tl:e coirrts placing fegal
restrictials on the victims oroffe�ulers,
the groups �vere crble to discuss their
positions in �hc presence of inedir�tors
and come to mutuall�� agreeable salu-
tions.
In �he case of rlie schoo! bullies,
jear;cnfrzecial biasund r•etnlialrort were
pu! to rest und lelters of'apolog�• were
hnnded out The nffenders also learned
the impac� of their uctions. In the case
of rhe neighborhood sqrenbble, the par-
ticipantsfnund a wa�� to commurcicnre
and made a plan for hurv tr, handle
futirre isswes,
A Voluntary Process
According to the descrip[ion shared
by the Minnesota Association of Com-
mUnity Medivtion Programs on the ZOth
anniversary of inediation service in Min-
nesota: "Mediation is a voluntary pro-
cess that provides an opportunity for
participants to meet in a safe environ-
ment with an impartial mediator and
work toward a satisfactory resolution
uf the issues withaut the addiuonal
time and expense involved in litiga-
tion. The mediator does not decide the
outcome, but rather assists parties in
reaching their own agreementin a manner
14/MINNESOTA POUCE CHIEF
the state are warking to empower people involved in
problems and accept personal responsibility.
Beth Bailey-Al1en, executive di-
rector, North Iiennepin Media-
tion Program.
that best meets their needs"
Mediation first became a popular
conecept iR LI]C I97O5, and cince 19$2,
when the idea took off in Minnesota,
six mediation programs have been
formed: Mediation Services forAnoka
Counry (MSAC), North Hennepin Me-
diation Program (NHMP), Alterna-
tive Dispute Resolution Services in
Olmsled County {ADRS), Dispuce
Resolution Center (DRC) in the East
Metro, Minneapolis ;�Tediation Pro-
gram, and Rice County Dispute Reso-
lution Program.
The caseload is heavy and con-
stant. At any given time, says Beth
Bailey-Allen, executive director of
North Hennepin Mediation Program,
their mediators are coverina 50 cases;
they handle approximately ] 5,000
cases a year. Minneapolis Mediation
Program, says Executive Director
Michele Gullickson Moore, worked
1,673 cases last year (389 commu-
nity cases and 1,284 court eases).
"We expect a 10 percent increase again
this year;' she says.
Director Edwardo Wolle of Rice
County Dispule Resolution Center
notes that his program works approxi-
Ann Wallerstedt, executive di-
rector, Mediation Services far
Anoka County.
mately 100 cases a year. `'Our vol-
ume of cases is smaller compared to
�ur counterpart.s since we are in a
rural county outside the Twin Cities"
Kinds of Confliets
The six statewide mediation programs
differ in their categorization of inedia-
ti�n caties, hui they are similar in the
kinds of contlict they include. In each
program, however, certain cases have a
higherPercenta�e of neferral _ Rice County,
for instanc�e, hand]es more reported ru-
ral problems than Hennepin County.
Mediation ServicesforAnokaCounty
has three categories of service: commu-
nity, family visitation, shared parenting
and expediting, and victim-offender.
NorthHennepin Mediation Prorr-�un's
breakdown of non-court mediations in
2002 came to: 20 percent neighbor, 20
percent post-divorce,l7 percent school/
juvenile,l6percentbusiness/consumer,
13 percent landlord/tenant, 12 percent
family-interpersonal, and 2 percent
employer_
Bailey-Allen says North Hennepin
Mediacion Program's number of school
cases has been growing steadily. Many
of these cases are referred direcfly by
Oct 14 04 l0:lla MEDIRTION SERVICES 763-4Z2-0808 p.3
school resource officers. In school cases,
NHMP offers peer mediation training
and support, teaching students how to
help each other tackle minor conflicts.
Many cases are too serious Car• peer
mediation, and those are handled by
adult community mediators. NHMP
provides a[eam of inedia�ors ane day a
week in two secondary schools.
Peer mediation training and sup-
port, plus an anger management class
for court-ordered juveniles, is empha-
sized by MSAC, too. "We are workin�
directly with schools districts inAnoka
County, mediatin� schooJ suspension
cases" says Wallerstedt.
Neighborhood dispu�es are also com-
monly referred. Like its counterparts,
the Dispute Resolution Center handles
a variety of these, citing noise com-
plaints, pet problems, parking, prop-
erty lines, and vandalism as the most
common. TheDispule Resolution Center
also mediates small claims cases re-
gazding accidents, money owed, and
property damege.
Other cases referred to mcdiation
include harassment and discrimination.
Hennepin C�unty District Court en-
courages the use of inediation to settle
non—life-threatening disputes, urging
disputants �u try mediativn before re-
sorting to restraining orders.
With complicated, changing family
si[untiuns beco►ning more and more
prevalent, all six mediation programs
offer services for shared parenting me-
diauun serviccs. Thcse mediations help
constructive decision-making in shared
pazenting situacions and encourage civil
interaction between participants cnd-
inp relationships.
The Costs of Conflict
Mediation is affordable, which is
one reason why it is so successful.
Disputing parties are more tempted to
attend the sessions because it will save
them money on legal fees or restitution
payrnents in the courts. For the Dispuee
Resolution Center, says DirectorJeanne
F. Zimmer, "Fees are dependant upon
thc type of casc and number of partici-
pants involved. Sliding fees are avail-
able for [hose who meet income guide-
lincs. Noone is denied serviceforinability
to pay."
Ann Wallerstedt, eaecutive di-
rector, Mediation Services for
Anoka Connty (Ieft) and Beth
Bailey-Allen of the North
Hennepin Mediarion Program
explain the usefnllness of ine-
diation for law enforcement
o� cers.
Beth Bailey-Allen says, "Typically
the cost of inediation is covered by or al
least subsidized by a third party---for
cxample, u municipality or a court.
Fees range from free to $ l 50 for shared
parenting mediation.
Mediation may be economical for
disputants in comparison to court fees,
but the programs do take a lot to run.
While most of the program staff is
vo(unteer, the ful]-time positions are
paid and there are many ocher expenses
for running a mediation program.
Most of the money comes from a
combination of "state funding, local
funding, and private funding," says
Bailey-AIlen. Executive Director Ann
Wallerstedt says Mediation Services of
Anoka County aiso receives county
funding and hosts a beneft each yeac
Dispute Resolution Center, says
Jeanne Zimmer, is facing cuts in ;ov-
ernment support. "Over the past 21
years, a variety to government entities
have supported DRC; that funding has
been reduced by almost 80 percent,"
she says. The effect of these cuts has
been a decrease in caseload. In 2001,
DRC handled a total of 7l4 cases; in
2003, that number slipped to 485.
Betty Christenson ofAlternativeDis-
pute Resolution Services says theirpra
gram been affected recently by their
financial situation. A si�nificant state
reduction in funding for services at the
local level "challenged the viability of
all non-mandated services," she says.
Relationship With
Law Enforcement
Ann Wallerstedt of Mediation Ser-
vices of Anoka and Beth Bailey-Allen
of North Hennepin Med�ation Pro�ram
both feel that the relationship between
law enforcement and che mediation pro-
grams is critical. Officers are the first
ones called to disturbances and are
aware of ongoing squabbtes that might
benefit from mediation. OfFcers are
encoura�ed to identify these cases and
tell the parties about mediation option.
Each of the six mediation Programs
has different protocols for reporting
mediation cases. Ufficers need to fa-
miliarize themselves with the proce-
dures of [he mediation program avai]-
able to their department before reportina
any cases.
Bailey-Allen prefers that NHMP staff
make the call to the parties involved
afrer receivino refenals from law en-
forcement. She notes, "There are two
things police can do that will greatly
increase the odds that (a ca�eJ gets
resolved. Pirst, rnake the referral di-
rectly to the mediation program so that
the burden is on us to m�ke that first
phone call. The second thing they can
do is let fniks know right on the spot
that chey think mediacion w�uld be
beneficial and that they [the officersj
will refer them to mediation:'
Wallerstedt's program differs slightly
in its reportin� process. She hands out
bu sin ess cards to offic ers w i th the program's
contact information andencoura;es them
to fax police reports. Most juvenile cases
in Anoka County, however, need to go to
the county attorney first.
Michele Gullickson Moore of Min-
neapolis Mediation Program tries to make
a rresentallon at police stauon roll call
once a year. She hands out laminated
business cards for law enforcement of-
ficers and provides the precinct with bro-
chures, Referrals can come "either by
having the officer caIl us and give us the
contact info or by having the officer
encourage the parties to call in. The
AUTUMN 2004/15
Oct 14 D4 l0:lla MEDIATION SERVICES 763-422-0808
Seeking Peace£ul Alternatives
latter usually works better."
Edwardo Wolle of Rice County Dis-
pute Resolution Program elso hands
out cards at law enforcement events
and roll call. Their cards are printed in
bo[h English and 5panish. He prefers
to receive referrals by phone or e-mail.
Jeanne Zimmer of Dispute Resolu-
tion Center says that they are opcn to
both direct and indirect referrals from
poli�e officers, and, according to coor-
dinator Betry Christenson, refeiYals at
Alternalive Dispute Resolution Services
"Renerally come from the person re-
ferred. ... Sometime� the police or
slieriff's department w-il1 contact us
describin� the situation ta so we can
an[icipate a call froru [he individua!"
Recognizing a Referral Case
Boch Bailey-Allen and Wallerstedt
have found that officers receive re-
peated calis for service from the same
residence. These cases may be suitable
for mediation. Bailey-Allen says that
sometimes the issue is a Isck of com-
munication between dte disputin� par-
ties. "I am amazed in neighborhood
mediations _.. how often ttie�people are
meeting eacti other for the first time in
the mediation," says Bailey-Allen. Me-
dia[ion helps give tbe disputing parties
a way to cooperate in the future, so
their first call isn't to the police.
Themost importantthing police need
to knuw about mediation, though, is
that while mediation may work in many
small disputes, any cases involving
weapuns or alcohol, dru�s, or domcstic
violence should not be referred to me-
diation. "We are not a crisis a�_enc�;"
W�llerstedt adds. Dailey-Allen agrees,
"We get too many calls for domestic
violence situations and that's got to be
frustrating for thc people who are mak-
ing ehose calls and finding out that the
resource they've been given isn't going
to be helpful."
Another reminder for police is to
refercasesearlyto mediation. Wallerstedt
just rcccntly was referred a eF►se by law
enforcement that the police had been
dealing with unsuccessfully for five
years.
Senior Commander Colleen Luna
p.4
Mediators from the Minneapolis Mediation Program train for han-
dling community mediations.
of the Saint Paul Police Department is
chair of the DisQute Resolution Center
Board of Directors_ Luna says that al-
ternative dispute resolution is "near
and dear" to her heart and notes tbat
"every case mediated or facilitated by a
DRC volunteer is one less 911 phone
cull or protracted le�al dispute." Luna
is "committed to the community-based
mediation and restorative justice ser-
vices DRC offers:' She says, "DRC
provides a forum for healing commu-
nities and erripowering individuals to
solve their own disputes ... Mediatioo
is an efficient, effective, and economi-
cal approach to resolving our
community's disagreements."
Volunteer mediators Bonnie Lukes
and Jerry McCadden both feei that po-
liee officers shouid refer annoyance
cases before they escalate. Police of-
ficers should hand over these cases,
Lukes says, so they are free "for the
things that need their exact police ex-
pertise"
McCadden says that sometimes po-
lice have sat in on his mediation ses-
sions and the community Has learned
from them about what they can and
can't do. In one case, the police were
accused of "doing noching;' but since
no chazges had been filed, there were
no legal aecions that they could take.
Once this was explained to the com-
plainants, they better understood the
role of the officer.
Community Justice Coordinator
David Hines of the Woodbury Police
Department eneourages police officers
to refer cases_ His departmeut has a
special restorative justice pro�r�m for
juvenile cases and neighborhood dis-
putes. They be�an including me�iiation
in 1994. Hines says thaC "a�encies
{shouldj get involved by at least refer-
ring cases out and par[icipntirig in the,n
as a key player if not facilitating cases,
as we do:'
Hines often speaks to law enforce-
ment officers and has been asked many
questions about the responsibilities of
law enforcement in terms uf inedia-
tion. Hines says if manpower is a prob-
lem, o�cers don't have to be coo in-
volved, they can jusl refer the cases to
mediation and not participate them-
selves. To those who question whether
eops should be inv�lved, he says, "Po-
licing has always been and always will
need to be about community interac-
tion, problem solving and, to be effec-
tive, working with and seeking out com-
munity resources to define and address
the community's necds. Our prime
goal should always be to prevent crime
and wben that fails to help repair
AUTUMN 2�04/!7
Oct 14 04 10:12a MEDIRTION SERVICES 763-422-0808
Seeking Peaceful Alternatives
victims and community wfiile
holding offendcrs accountable."
Hines reminds, though, that it is not
an easy out: mediation can be a lot of
work, And mediation is not the answer
for all cases, Hines says to those who
see it as "nearly miraculous in its out-
cume:' Hines h�s also had some people
question whether mediation is "soft"
on crin�e. He says, "People find this
mo►�e difficulc, dcmand ing, and rewarding
than lawyer-dominated court"
The Gift of Time
Besides the knowledge that he or
she h�s helped solve a dispute, an of-
ficer can thonk the mediation pracess
for giving the gift of time. To illusvate
mediation's usefulness, Bailey-Allen
cites a Harrisburg, Pennsylvania. 1995
study of the effectiveness of nei�hbor-
hood dispute resolution (mediation) as
proof of the time-sc+ving benefits.
Roosevelt E. Shepherd, associate pro-
fessorofcriminal justice at Shippensbur�
Univcrsity, prepared the report.
In 1994, a partnership between the
Neiohborhood Dispute Settl ement Center
and the Harrisburs Police.Department
was created and a study tested the use-
fulness of this new coUaboration. In
thc Shepherd study, neishborhood dis-
pute resotution was used in a se[ect
� oup of law enforcement referred cases.
The resutts were positive: In the 37
mediation-referred cases, there was a
75.3 percent decrease in calls afler six
months; in the 37 cases withoot media-
tion, the number of calls to police in-
creased 5_8 percent.
Chief Richard Shaffer said. "I real-
ized this (the use of the Nei�hborhood
Dispute Settlement Centerj was the tool
by which I could decrease the nuntber
of times a police officer must respond
to the same neighborhood problem and,
thus, improve the utilizatinn of police
services to the city of Harrisburg °'
The same results have been noted in
Minnesota. Wallerstedt recall s an Anoka
County case where neighbors in an
aparcment building had been squab-
bling. One of the neighbors lived di-
rectly above the other. The two had
called police more than 40 times ov�r
p.5
Lonni McCauley s�nd Richard Jefferson cerve as mediators in a
neighborhood mediation simulation that was part of a training
session at Mediation Services for Anoka Connty.
noise disturbances. They were referred
to MSAC. By mcdiation, the parties
were able to empathize with the others'
work schedule. They exchanged tele-
phvne numbers, and onc party agreed
to wear earplugs at niDht when che
other would come home from work.
F�Ilow-ups show that the agreement is
working, frustration is down, and no
further calls to police occurred. The
bottom line is, says Wallerstedt, 80 [o
85 percent of the time, you can rely on
othec people's word.
Role of the Mediator
The mediation process be�ins with
the aforementioned referral_ The case
is tk►en assigned two mediators as part
of the co-mediation structure. There
ar�c more than 200 vo)unteer mediators
in the state of Minnesota. T'hese media-
tors come from a variery of backgc�ounds,
but all have fulfilled the Minnesota
Supreme Court's guidelines. Among
the reqnirements, 30 hours of initial
training nnd six hours of continuing
education per yeaz. Most mediation pro-
grams also require six mediations a
year.
Bonnie Lukes, former executive di-
rector of North Hennepin Mediation
Program, currently serves NHMP in
thecapacity of volunteer mediatoc Lukes
mediates about once a month. Jerry
McCadden is a volunteermediatorwith
Mediation 5ervices for Anoka Counry,
and volunteers tti�ice a week to medi-
a[e.
All mediators are volunteers and
work in pairs. "Since we use volunteets
as the mediators, what we have to offer
is time," says i3ailey-Allen. "That's whai
these situations call for and that's what
police offcers don't ha��e. They may
have 15 minutes, for example, co spend
on a ca(1. For nur average mediation we
block out two hours of time"
Mediators can dictate chei r own level
of participation. Some mediators have
time for only the minimum six cases a
year; others choose ro cYedicate a(ew
hours a week. Wallerstedt notes that some
mediators choose to focus on a pazticular
kind of case; they will not dv juvenile
cases or will only do neighborhood dis-
putes,'The mediation programs recognize
these choices and also nolice when a me-
diatorhasproficiencyin a specialty azea.
AUTUMN 2004/19
Oct 14 04 10:13a MEDIRTION SERVICES 763-422-0808 p.6
Seeking Peaceful Alternatives
Mediators represent a11 walks of life_
Some mediators are lawyers, but it is
important to have mediators who "are
as diverse as the community we serve,"
says Bailey-Allen. Lukes also serves as
chief trainer for the state in AARP
defensive driving. McCaddcn is a re-
tired rehab counselor and school coun-
selor, having always worked in some
capacity helping others.
Inside a Mediation
Statistics from the National Asso-
ciation of Community Mediation show
that 85 percent of inediations result in
agreements between disputants, 90
percent of disputant�t uphold agreements
throu�h mediation, 95 percent of par-
ticipants indicate that they would use
mediation again, and 82 percent of
Americans would prefer to go to me-
diation rather than court,
Much of this apprecia[ion for the
process stems from three impoRant facts.
Mediation is voluntary, it's confiden-
tial, and the disputing parties �et to
create their own mediation agreements.
The dispute is given back to the people,
who are also given the tools to fix the
problems themselves so they don't keep
callin� the police. "They now have the
relationship with each other so when
that future incident comes up; ' Bailey-
Allen says. "they will catl each other or
communicate with each other in what-
ever way they've a�reed upon through
mediation:'
Mediations are held at the media-
tion pro�ram's headquarters or at a
neutral lacation. These meetin�s can
include any numberof pcople. Gullicl:son
Moore of Minne�polis Mediation Pro-
gr�m explains that they "are adept at
handling groups in excess of 125 people"
Medietors begin the process by do-
ing a pre-screening, ensuring safety for
participants and making sure the case
is acceptableformediation. In addition
to screening to ensure safety, media-
tors do at times contact law enforce-
ment, to request that a squad car drive
by the tocation and ensure safety for
themseIves and the pardcipants. Mak-
ing mediation voluntary helps ensure
that only participants who want to be
there, �rre there and this keeps the meet-
ings safe.
Mediators also do preliminary case-
work to make sure all involved parties
are contacted about the situation and to
Iearn about the conllict at hand before
the meeting. "It is important;' Wallerstedt
says, "to have all who are responsible
[o the a�reementpresent so things won't
become an issue later"
The way mediation is conducted varies
by situation. Forsome large-aroup me-
diations, the groups are spIit up; in
other small-group mediations, the re-
storative circle is implemented. The
restorative circie mediation model comes
from the indigenous practice of talking
circles. A res[orative circle emphasizes
living in balance with one's self and the
community. In this type of inediation,
the group sits in a circle, and each
person gets Nme to speak before com-
ing to a group solution. Wallerscedt
says that mediators often use a talking
Piece tn ensure order to conve.rsations_
The person holding the talking piece is
the only one who can talk; tlus keeps
peoPle from talking over each other.
Lukes says that when working in the
co-mediaUon style one mediator is not
put in charge; they have an equal share
of work. When a mediation begins, the
volunteers greet the participants and
then ask who wishes t�i be�in or ask the
person who reported the case to be the
first speaker. T'hat person gives a brief
overview of the prnblem and then the
other side has a chance to respond. The
mediator's job is to "listen for areas of
agreement and ask questions for clarifi-
cation:' says Lukes.
The hardest part, aecording to both
Lukes and McCadden, is ge[ting pe�ple
to communicate if they don't want to.
Media[ors work to break down barriers
blocking conversation, like getting quiet
people to speak up and vocal people to
calm down.
In Agreement
The agreement that is formed during
a mediation is one created by the disput-
ing parties. Before its signing, the me-
dialors will do a"reality check" on the
agreement by coming up with "what iF'
scenarios so that the disputants know
how to handle any future problems. An
agreement is considered successful "as
long as the aoreement repairs the harm
to the victim and the offender feels that
he or she has been able to make amends
for it," says Bailey-Allen_
When writing amedialionagreement,
the mediator is very specific about what
is a�reed vpon. Copies are made for
both parties so there is "no mistaking
what they've agreed to," says Lukes.
Bailey-Alien catls the mediation room
the "If only" room, as disputants often
come in saying, "lf only my ex were
more reasonable," or "If only my neigh-
bor were more reasonable" In effect,
the mediation room is the place where
people have the opportunity to be rea-
sonable.
Sometimes the mediation a�eements
do have some legal ramifications. Cases
referred by the courts or legal system
can come with restrictions on the dispu-
tants. Charges that were dropped upon
the assignment of inediation can be
reinstated if the agreement is not fol-
lowed. Most agreements are more what
one might call a"gen[leman's agree-
ment" or an aa eement in good faith.
Senior Commander Col leen Luna, Saint
Paul Police Department adds that, "Me-
diation allows a win/win rather than a
win/lose outcome."
Mediation does not end with the
agreement. Mediators do check back to
make sure the problem was cleared up
during mediatio� and keep tabs on the
number ot�calls made to police pre and
post-mediation. In rare cases, further
mediation is required, but most times
the first meeting and the agreement
created work to solve the issue.
Dispute Resolution Center has its
clients fill out evaluations after creat-
ing their mediat.ion agreemeni. One
contentcommunity participant remarked
on her evaluation, "An amazino pro-
cess! I wish all communication could
be this straightforward. People are free
to share what they really think and
feel—what a concept" Another, a par-
ent of an offender, said "Very powerful
[ool, essential to the healing process
for all."
AUTUMN 2004/2i
Oct 14 �4 10:14a MEDIRTION SERVICES 763-422-0808
Seekin Peaceful Alteznatives
Not Inconsequential to Them
Wallerstedt feels mediation is im-
portant because "tliose little things
we think of as inconsequential" can
be so important to others. People
will resort to violence �s a result of
minor neighborh�od disputeslike a
barking dog. Wallerstedt says there
is an old phrase used in mcdiation,
"It's not minor when the barking dog
is the neiahbor's and the lost sleep is
yours:'
Mediation agreements can be quite
imaginative; there is no set �uideline
for how �hey must be formcd. In an
example of this creativity, one juve-
nile was asked by the victim of his
vandalism to join the Boy Scouts for
one year to make restitution. The
boy ended up enjaying the Scouts
and learned lessons through that pro-
gram about how to treat people be�-
ter, Lukes says that she gets "such a
good Teelin� all around when the
parties chemselves reconcile and brin�
peace [o chat one part of their lives"
MeJiation is valuablc in teuching
offenders the impact of their actions.
Wallerstedt says that, in terms of
juvenile ofFenders, oftcn the actions
they have taken. like ��andalism, were
made out of boredom. They "really
have no scnse of hoW- they are im-
pacting people until they are in that
mediation,'� says Bailey-Ailen. "I re-
ully bclieve that if we are only fo-
cused on punitive consequences.
people just get bet►er at not being
caugt�t"
Mediation hotds people account-
able. In fact, some juveniles have
said they woutd "rather go to cour�"
than face mediation, because that's a
faceless place to be, says Wallerstedt.
In mediation, the offender is forced
to sit across frorn his or her victim
and learn about how his or her ac-
tions made someone feel. It is more
effective than showing up to have "a
judge shake their finger or a diver-
sion hcsring officer say `y ou shouldn't
have done that.' They know they
shouldn't have done that"
Bailey-Allen says the current prac-
Atternative Dispute
Resolnt,ion Services
1421 Third Avenue S.E.
Rochester, MN 55904
Phane:507/287-2249 .
Fax: 507/287-2436
E-mail:
christenson.berty@ co.olmstedmn.us
Dispute Resolution Center
974 West Seventh Street
Saint Paul, MN 55102
Phone: 651/292-7791
Fax:651/292-6065
Web:
www disputeresolutioncenrer.org
E-mail: .
d re @disputeresolutiancenter. org
Mediation Services for
Anoka County
2520 Coon Rapids Boulevard,
Suite 100
Coon Rapids, MN 5$433
Phone: 763/422-8878
Fax:763/422-0808
i��eb: www medrationservice.org
E-mail:
artnw @mediationservice. o�g
tice of issuing a letter and a small fine as
restitution for smail juvenile infractions
is not as much of a detetrent. Having
mom or dad pay the fine is easier to do
than�work through community service.
Get Involved
There are available training oppor-
tunities for would-be mediaturs each
spring. If you or someone you know is
interested in pursuing such an opportu-
nity, contact your local mecliation pro-
gram to learn more about the qualifica-
tions and training opportunities.
Police officers make great modiators,
because they already have training in
Minneapolis Mediation Program
31U 38tfi Avenue Easc, Suite 22l
Minneapolis, MN 55409
Phone: 612/822-9883
Faz: 6l2/822-9890
Web:
www. mplsmediationpmgram. org
E-mail: mplsmediation@mtn.org
North Hennepin
Mediation Program
3300 Bass Lake Road, Suite 2l2
Brookiyn Center, MN 55429
Phone:763/651-0033
Fax:763i561-0266
Web: wwwmediarionprogram.com
E-mail:
sta�`'@ medation p rograwi _ com
Rice County Dispute
Resolution Program
1651 Jefferson Parkway,
Suite HS 125
Northfield, MN 55057
Phone:507/644-3522
Web' http://rcdrp.com
E-mail: rcdrp@clear.lakes.com
p.7
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conflic[ resolution, VJoodbury Com- ,= �
muniryJusticeCoordinatorDavidHines �'
says. "To be good at [mediation] you
must be able to be neutral, recogni�e
and drop personal and professional bi-
ases, carc about people, understand and
seek out fairness, be a good communi-
cator at all levels, and be dedicated to
the work, not womed about how this
may fit in the inner world of policing
but involved because it is the right
thing to do."
ff you have other questions about
mediation, representatives from any of
thc six state mediation programs are
more than happy to answer questions.
AUTUMN 2004/23