HomeMy WebLinkAboutCCAgen_08Mar26CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA March 26, 2008 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS ____
KUETTEL ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ KREUSER ____ C. PRESENTATIONS: 1. Neal Kwong Award D. APPROVAL OF MINUTES: March 12, 2008 TAB 1 E. PUBLIC HEARINGS: F. CONSENT AGENDA:
1. General Disbursements through 3/20/08: $121,455.29 Payroll through 3/15/08: $16,045.07 TAB 2 2. Approval of Contract for 2008 City Forester TAB 3 3. Commission Appointment TAB 4 G.
POLICY AGENDA: 1. City Commission Updates H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: If you have a disability and need accommodation in order to attend this meeting, please notify
City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to help. ???#
Regular meeting of the City Council March 12, 2008 Members present: Mayor Lindstrom, Council members Long, and Mercer-Taylor, Administrator Miller. Absent: Council members Harris, Kuettel,
Assistant City Administrator/Deputy Clerk Kreuser. Mayor Lindstrom called the meeting to order at 7:00 p.m. Presentations: There were no presentations. Consent Agenda: Council member
Mercer-Taylor moved the following three items for approval. The motion passed unanimously. 1. General Disbursements through 3/5/08: $75,368.36 Payroll through 2/29/08: $17,166.78 2.
City License Renewals 3. Commission appointments The minutes of the February 27, 2008 regular council meeting were approved as submitted. Policy Agenda: 1. Moratorium on New Electronic
Signs Administrator Miller provided background based upon new technology and how it impacts even smaller signs. He is not confident our current code has kept up with this technology.
There are no pending applications, therefore we can be more objective in our research to update our code. Ordinance No. 08-01 drafted by our city attorney prevents permits from being
issued for six months or until a new ordinance has been approved, which ever comes first. Administrator Miller stated that six months is the maximum time allowed so if someone comes
in on September 11, we will have to honor their request based upon our current code. Council member Long commented that this makes sense, and he is in favor of doing the research. Mayor
Lindstrom stated that if you “Google” this subject you will see many cities are wrestling with this. Bank signs and such may be okay , but we don’t want to be a Las Vegas. He also asked
if we will do this internally. Administrator Miller stated that we may use a consultant planner to help us out. Council member Mercer-Taylor commented on time and temperature being displayed
on a billboard by the University, which may be a way certain companies are bypassing current ordinances. Mayor Lindstrom commented that we also need to consider first amendment issues.
Administrator Miller stated, with outside help and the Planning Commission wrapping up work on the Comprehensive Plan work can begin on this soon. Council member Long moved to approve
Ordinance No. 08-01. The motion passed unanimously. 2. Comprehensive Plan Update Review III
Administrator Miller began the item by explaining that this is the final part of a three part process. It is more technical than Parts I and II and covers transportation, utilities,
and storm water management. Because of this we had SEH do the research for us in 2006 – 2007. Miller explained that the process for the Comprehensive Plan includes holding two open houses.
The first will be held on March 13 at 6:30 p.m. Then the Planning Commission will review it for eventual April approval by the Council. The second open house is April 3 for those who
cannot attend the first one. Mayor Lindstrom stated that the maps are wonderful and that Deb Jones, Zoning and Planning Director did a great job. Miller stated that no formal action
is requested for tonight. Council member Long complimented Administrator Miller and Planning Director Jones for all of their hard work on the Comprehensive Plan. He encouraged residents
to be aware of it. Administrator Miller stated that this information is also on the city’s website. Information/Announcements: Council member Mercer-Taylor encouraged residents to attend
the open houses March 13 and April 3 at 6:30 p.m. here at City Hall. Council member Long stated that it is great to be appointing more people to commissions, and that he is glad to see
the community involvement. The Parks and Recreation Commission met Monday. The Spring/Summer programs schedule was in the March newsletter, and can also be accessed at City Hall and
on website. He encouraged those interested to get applications in quickly via online, mail, or City Hall before programs fill up. They are also looking for instructors for some of the
classes. Information is on the website for these summer opportunities. Mayor Lindstrom gave a reminder of the March 17 rain garden workshop 6:30 p.m. at City Hall. Administrator Miller
stated that the next Council meeting on March 26 is a joint commissions meeting. All Commissioners are invited to attend, and each chair will be giving a report. Mayor Lindstrom stated
that there will will be a commission appointment at that meeting of a new applicant who is a sixth grader and gardener. He is being appointed to the Environment Commission. There will
be a crime prevention meeting March 27, 6:30 p.m. at The Coffee Grounds. Community Forum: Melanie Leehy, 1547 Idaho Avenue, addressed the council on a proposal for a city slogan. She
began by stating that the phrase “The Fair City” she felt to be an incomplete description of what the city is as a whole, and that others have that same opinion. Leehy made a recommendation
that the city slogan become, “Falcon Heights, the City that Soars.” In support of this slogan she sited several traits of the falcon such as how they are known to soar, their ability
to fly above a storm, and how authors and others often use the words falcon and soar in the same sentence. Leehy then made parallels to what she sees as strengths of Falcon Heights.
Mayor Lindstrom stated that the Council cannot vote on community forum items, but will consider it. Possibly this is is something that even the elementary school could have involvement.
Leehy offered to be available for any part of the process. The meeting was adjourned at 7:38 p.m. Respectfully submitted, Melanie Leehy Office Assistant
CONSENT F1 3/26/08 ITEM: General Disbursements and Payroll SUBMITTED BY: Roland Olson, Finance Director REVIEWED BY: Justin Miller, City Administrator EXPLANATION: General Disbursements
through 3/20/08: $121,455.29 Payroll through 3/15/08: $16,045.07 ATTACHMENTS: ACTION REQUESTED: Approval
CONSENT F2 3/26/08 ITEM: Approval of Contract for 2008 City Forester SUBMITTED BY: Justin Miller, City Administrator; Tim Pittman, Parks and Public Works Director EXPLANATION: One of
the greatest assets in the City of Falcon Heights is our extensive urban tree system. As such, we have traditionally contracted with a forester to inspect both private and public trees
in our city to monitor disease outbreaks and to manage the incidents before they become widespread. Our previous forester recently move out of the area, so staff solicited proposals
from area foresters to provide these services. Five companies or individuals submitted proposals, and staff interviewed our top two candidates. After interviewing the candidates, staff
is proposing that the city council approve the attached contract with Branch and Bough Tree Service and Landscape Care. Andy Hovland, the owner of Branch and Bough, will be the main
contact and inspector for our city, and he came highly recommended. Attached you will find his resume and and the proposed contract. The contract calls for Branch and Bough to be paid
$45/hour, and is similar to the contract in past years. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council approve the attached contract for forestry services with
Andrew Hovland d/b/a Branch and Bough Tree Service and Landscape Care.
AGREEMENT AGREEMENT made this _________ day of ___________________, 2008, between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation ("City"), and ANDREW HOVLAND d/b/a Branch
and Bough ("Consultant"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred
to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement.
B. Proposal prepared by ANDREW HOVLAND d/b/a Branch and Bough . In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall
control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "B" having the last priority. 2. OBLIGATIONS OF THE CONSULTANT. The
Consultant, a certified tree inspector, shall provide the services, and perform the work in accordance accordance with the Contract Documents and applicable state law, Minn. Stat. 18G.16,
and Rules, Minnesota Rules Chapter 1505, concerning shade tree disease control programs. 3. OBLIGATIONS OF THE CITY. The City shall pay the Consultant $45 per hourly basis in accordance
with the attached. 4. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and
then only upon such terms and conditions as both parties may agree to and set forth in writing. 5. TIME OF PERFORMANCE. The Consultant shall complete its obligations in accordance with
the proposal. 6. PAYMENT. The City will make periodic payment to the Consultant as the work is completed.. Such payment shall be made not later than thirty (30) days after invoicing
by the Consultant. 7. PROMPT PAYMENT TO SUBCONSULTANTS. Pursuant to Minnesota Statute § 471.25, Subdivision 4a, the Consultant must pay any subconsultant within ten (10) days of the
Consultant’s receipt receipt of payment from the City for undisputed services provided by the subconsultant. The Consultant must pay interest of one and one-half percent (1½ %) per month
or any part of a month to subconsultant on any undisputed amount not paid on time to
the subconsultant. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Consultant shall pay
the actual penalty due to the subconsultant. A subconsultant who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements,
including attorney’s fees, incurred in bringing the action. 8. WORKER’S COMPENSATION. Te Consultant shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation
Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 9. COMPREHENSIVE GENERAL LIABILITY. Consultant shall obtain the following minimum insurance
coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured: Bodily Injury: $1,000,000 each occurrence $1,000,000
aggregate, products and completed operations Property Damage: $1,000,000 each occurrence $1,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury: $1,000,000
each occurrence Property Damage: $1,000,000 each occurrence $1,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $1,000,000 aggregate Comprehensive Automobile Liability
(owned, non-owned, hired): Bodily Injury: $100,000 each occurrence $50,000 each accident Property Damage: $100,000 each occurrence 10. DATA PRACTICES/RECORDS A. All data created, collected,
received, maintained, or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable
state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. B. All books, records, documents, and accounting procedures and practices
of the Consultant and its subconsultants, if any, relative to this Contract are subject to examination by the City.
11. WARRANTY. The Consultant shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a certified
tree inspector under similar circumstances 12. INDEMNITY. The Consultant agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services
performed by it. In addition, the Consultant shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result of any such claims. 13. WAIVER. In the particular
event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of
this Contract by either party, whether of the same or any other covenant, condition, or obligation. 14. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an independent
contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant
shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant's
performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees
are in any manner employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant'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. 15. GOVERNING LAW. This
Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 16. SEVERABILITY. If any term or condition of this Contract is found to be or become
unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders
this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire
contract. 17 ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final, complete, and all inclusive statement of the terms thereof, and supersedes
and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. CITY OF FALCON HEIGHTS BY: ____________________________
____________________________
Peter Lindstrom, Mayor Andrew Hovland d/b/a Branch and Bough AND ___________________________ Justin Miller, City Administrator
CONSENT F3 3/26/08 ITEM: Commission Appointment SUBMITTED BY: Peter Lindstrom, Mayor Explanation: The following individual has been interviewed, and I ask the council’s approval to appoint
Ethan Wagner to the Environment Commission. Ethan is an eleven year-old student who has been attending environment commission meetings for the past year. He is also a participant in
the community garden. His appointment will bring the number of environment commissioners up to eight, which is allowed under the city code (up to nine are allowed for each commission).
ACTION REQUESTED: Approval