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HomeMy WebLinkAbout5/28/14 AgendaCITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA May 28, 2014 A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ STAFF PRESENT: FISCHER ____ C. PRESENTATIONS: 1. Katie Roth - Metro Transit A-Line/Snelling BRT Update – CANCELED D. APPROVAL OF MINUTES: May 14, 2014 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 5/21/2014: $32,954.40 Payroll through 5/15/2014: $16,018.30 2. Approval of City Licenses 3. Appointment of Shirley Reider to the Neighborhood Commission 4. Appointment of Andrew Temmen to the Fire Department 5. Bulky Waste Recycling Project G: POLICY ITEMS: 1. Acceptance of Park Improvement Study 2. Approval of City License – Pamela M. Harris, PLLC 3. Approval of City Licenses – Cyberwares, LLC H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES May 14, 2014 A. CALL TO ORDER: 7:02pm B. ROLL CALL: LINDSTROM _X_ HARRIS _AB_ GOSLINE _AB_ LONG _X_ MERCER-TAYLOR _X_ STAFF PRESENT: FISCHER _AB_ OLSON _X_ C. PRESENTATIONS: 1. Annual Audit Report -Matt Meyer, KDV Matt Meyer of KDV gave a presentation on the 2013 financial audit of the City of Falcon Heights. D. APPROVAL OF MINUTES: April 23, 2014 APPROVED E. PUBLIC HEARINGS: F. CONSENT AGENDA: Chuck Long Moved, Approval 3-0 1. General Disbursements through 5/7/2014: $149,365.09 Payroll through 4/30/2014: $16,875.71 2. Approval of City Licenses G: POLICY ITEMS: 1. H. INFORMATION/ANNOUNCEMENTS: Council Member Beth Mercer-Taylor -Updated Council on the May 12th Environment Commission meeting. Council Member Chuck Long -Announced the upcoming Spring Together event on May 31st from 12-2pm at Curtiss Field. I. COMMUNITY FORUM: J. ADJOURNMENT: 7:27pm REQUEST FOR COUNCIL ACTION The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 5/21/2014: $32,954.40 Payroll through 5/15/2014: $16,018.30 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date May 28, 2014 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Approval of City Licenses Description The following individual has applied for a Mechanical License for 2014. Staff has received the necessary documents for licensure. 1. Marsh Heating & Air Conditioning Co, Inc. 2. Deschene Enterprises 3. AAA Plumbing By Newstrom, Inc. The following individual has applied for a Bus Bench License for 2014. Staff has received the necessary documents for licensure. 1. US Bench Corporation Budget Impact Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2014 City License Applications. Meeting Date May 28, 2014 Agenda Item Consent F2 Attachment N/A Submitted By Chelsea Petersen, Administrative Coordinator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item City Commission Appointment Description I recommend Shirley A. Reider be appointed to the Falcon Heights Neighborhood Commission. Budget Impact N/A Attachment(s) Shirley A. Reider’s application. Action(s) Requested Approval of the above appointment. Meeting Date May 28, 2014 Agenda Item Consent F3 Attachment Application Submitted By Mayor Peter Lindstrom Families, Fields and Fair __________________________ From: To: Subject: Date: Please Do Not Click Reply City Commission Application (form) has been filled out on your site. Wednesday, March 26, 2014 2:00:52 PM Your Site has received new information through a form. Form: City Commission Application Site URL: www.falconheights.org ------------------------------------------------- Date: March 26, 2014 Name: Shirley A. Reider Street Address: City, State, Zip Code: Falcon Heights MN 55113 Phone Number: (H) Additional Phone Number: Office: Email: How Long at Above Address?: Since July 2012 In Which Capacity Would You Like to Serve?: Volunteer on Neighborhood Commission. What is the Reason You Would Like to Serve?: I have always been involved in volunteer community service as well as professional volunteer services. I appreciate a community that works together to resolves problems and to enhance the quality of our lives. List Prior (Previous) Public Service: Starting in the early 1980's until 2001 or 2002, served on the Snelling Hamline Community Council and then on the newly formed Union Park CC. Since the 1980's to the present, I provide the food for all the volunteers at the annual combined districts clean up. I served as a volunteer on the Citizen Advisory Committee(CAC) to the Capital Region Watershed District(CRWD) between 2002 and 2012. Currently, I am a member of the Board of Managers for the CRWD. Over the years, I have served on various police and criminal justice related committees and boards. I've also served on various commissions for the Judicial system, state and local government committees and on committees for the Minnesota State Bar. Other Relevant Background (Other Comments): I am an attorney currently with a practice focused on real estate and probate. I also represent Guardian ad Litems in Hennepin County Juvenile Court involving neglected children. Do Not Click Reply - This e-mail has been generated from a super form. REQUEST FOR COUNCIL ACTION The City That Soars! Item Appointment of a Firefighter Description The Falcon Heights Fire Department recommends hiring the following: -Andrew Temmen Andrew has met the qualifications for one of the vacant firefighter positions. Budget Impact The costs associated with training the new personnel and on call pay is incorporated into the annual budget. Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve Andrew Temmen as a City of Falcon Heights Firefighter. Meeting Date May 28, 2014 Agenda Item Consent F4 Attachment N/A Submitted By Clem Kurhajetz, Fire Chief Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Public Entity Bulk Waste Recycling Innovation Grant – Service agreement with consultant for project implementation, contingent on receiving grant Background In 2013, Falcon Heights and Lauderdale were awarded a Public Entity Innovation Grant to conduct a pilot study of bulky waste collection and recycling at single family homes. The project was carried out successfully last summer. The two cities have applied for a new grant for up to $60,000 to extend the study to multi-family apartment buildings. The proposed 2014 project has two parts, a survey phase to determine the bulky waste needs and issues for apartment owners and residents, and a limited pilot recycling event scheduled around "move-out weekend" at the beginning of September. The form of the event - and the decision on whether or not to go ahead with it - will depend on the results of the survey phase. The grant application is pending, with a decision expected in the next couple of weeks. Ramsey County requires one city to act as custodian of grant funds. Both cities have agreed that Falcon Heights will act in this capacity, if a grant is awarded. Falcon Heights will receive the grant funds from Ramsey County and pay invoices for the project. In this year's project most of the project work will be done by a consultant, Foth Infrastructure and Environment, LLC, which assisted with last year's project. As financial custodian for grant funds, Falcon Heights needs to implement an agreement for professional services with Foth. The projected cost of $27,000 would be covered entirely by the grant. Although a decision on the grant has not been received, staff would like to be able to proceed with the project as soon an award is confirmed. Staff is requesting that the service agreement be approved now, contingent on the cities' receiving the grant. The City Attorney has reviewed the agreement and recommends moving forward contingent upon receipt of the grant. Budget Impact In-kind contribution of staff time 40 – 80 hours plus related administrative costs. Attachment Agreement for Professional Services with Foth Infrastructure & Environment Action Requested Motion to approve an agreement between the City of Falcon Heights and Foth Infrastructure and Environment, LLC, for consulting services on the grant project. This agreement is contingent upon the cities’ receiving the grant. Meeting Date May 28, 2014 Agenda Item Consent F5 Title Bulky Waste Recycling Project Submitted By Deborah Jones, Zoning & Planning Director Families, Fields and Fair __________________________ PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this ________ day of ___________________, 2014, by and between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation ("City") and FOTH INFRASTRUCTURE & ENVIROMENT, LLC, a Minnesota limited liability company (“FOTH”), hereinafter referred to as "Engineer". IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A” to the City of Falcon Heights and the City of Lauderdale. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the work will be performed in compliance with all applicable codes and engineering standards. The work shall be performed in accordance with the Contract Documents, which includes this Agreement and the Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, and (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated Deb Jones (the “City Representative”), and the Engineer has designated Dan Krivit (the “FOTH Representative”). The City Representative and the FOTH Representative shall be available as often as is reasonably necessary for reviewing the Services. 3. COMPENSATION. Engineer shall be paid by the City for the services described in Paragraph 1 on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $27,000.00 inclusive of taxes, if any, and reimbursable costs. 4. COMPLETION DATE. The Engineer must complete the services by December 31, 2014. 5. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Engineer in conjunction with this contract. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. No other warranty, expressed or implied, is 1 170617v2 included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, to the extent caused by the negligent acts or omissions of the Engineer. 9. INSURANCE. Engineer shall secure and maintain such insurance as will protect Engineer from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability and umbrella policies. The Engineer shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Engineer, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of $1,000,000 with a deductible maximum of $125,000 unless the City agrees to a higher deductible. Before commencing work the Engineer shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to the City. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer’s intention to cancel this insurance. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay Subcontractor for all undisputed 2 170617v2 services provided by Subcontractor within ten days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 19. TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered 3 170617v2 and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. CITY OF FALCON HEIGHTS FOTH INFRASTRUCTURE & ENVIROMENT, LLC BY: ______________________________ BY: ______________________________ Peter Lindstrom, Mayor Its BY:______________________________ BY:______________________________ Bart Fischer, City Administrator/City Clerk Its Dated: ______________________, 2014 Dated:_______________________, 2014 4 170617v2 EXHIBIT A SCOPE OF SERVICES 1. Technical and strategic assistance to the Cities of Falcon Heights and Lauderdale, Minnesota related to the pilot study of collection and recycling of “bulky” waste from multi-unit residential properties in the two cities. 2. Technical assistance with surveys, data systems and analysis to determine the perceived needs and issues of multi-unit property owners/managers and residents relating to bulky waste removal needs. 3. Technical assistance to determine the need for and possible logistics of a pilot program for those wastes. 4. Reports-writing to summarize the various findings of the study projects. 5. Two presentations to the City Council of Falcon Heights and two presentation to the City Council of Lauderdale of the interim and study results. 5 170617v2 EXHIBIT B SCHEDULE OF PAYMENT AND FEE SCHEDULE ENGINEER’s services will be provided on a time and materials basis using the rates currently used for ENGINEER’s existing Technical Assistance Project for Ramsey County. ENGINEER will provide services related to this project up to the total budget allocation of $27,000, inclusive of taxes, if any, and reimbursable costs, at which time services will be suspended unless additional funds are secured. Dan Krivit’s hourly rate will be $150.00; Susan Young’s hourly rate will be $120.00; Curt Hartog will serve as technical coordinator at a rate of $140.00/hour; Debra Casmer will provide project management assistance at a rate of $75.00/hour; Roni Oman will provide administrative assistance at a rate of $68.00/hour. ENGINEER will invoice the City for services monthly. Payments are due and payable thirty (30) days from the date of the ENGINEER's invoice. 6 170617v2 REQUEST FOR COUNCIL ACTION The City That Soars! Item Acceptance of the Park Improvement Study by WSB & Associates Background Over the past several months, WSB & Associates have been assisting the City by conducting a Park Improvement Study. The Study has included open houses, surveys and conversations by the consultant with key stakeholders. At the March 26, 2014, City Council meeting, Candace Amberg of WSB provided a presentation on the Draft Park Improvement Study. Since that meeting, Candace has made some minor revisions to the draft and has presented the Park Improvement Study to the City Council for acceptance. Budget Impact N/A Attachment The Falcon Heights Park Improvement Study will be available on the Parks & Recreation page of the City’s website no later than Tuesday, May 27th. Action Requested Motion to accept the Park Improvement Study conducted on the City’s behalf by WSB & Associates. Meeting Date May 28, 2014 Agenda Item Policy G1 Title Acceptance of Park Improvement Study Submitted By Michelle Tesser, Assistant to the City Administrator Bart Fischer, City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Approval of City License Description The following individual has applied for a Home Occupation License for 2014. Staff has received the necessary documents for licensure. 1. Pamela M. Harris, PLLC Budget Impact Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2014 City License Application. Meeting Date May 28, 2014 Agenda Item Policy G2 Attachment N/A Submitted By Chelsea Petersen, Administrative Coordinator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Approval of City License Description The following individual has applied for a Home Occupation License for 2014. Staff has received the necessary documents for licensure. 1. Cyberwares, LLC Budget Impact Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2014 City License Application. Meeting Date May 28, 2014 Agenda Item Policy G3 Attachment N/A Submitted By Chelsea Petersen, Administrative Coordinator Families, Fields and Fair __________________________