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HomeMy WebLinkAboutAgenda Packets - 1995/12/11 CITY OF MOUNDS VIEW CITY COUNCIL DECEMBER 11 , 1995 7:00 P.M. A G EJLD A The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from constituents and a Councilmember's personal judgement. If you have comments, questions or information regarding an item on the agenda, please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor" item on the agenda. Please state your name and address for the record. All comments are appreciated. A copy of all printed materials relating to the agenda item is available for public inspection at the Recording Secretary's Table. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Linke Hankner Blanchard Trude Quick 4. Agenda Additions Item 1: Item 2: Item 3: 1 AGENDA PAGE TWO DECEMBER 11, 1995 5. APPROVAL OF MINUTES: a. November 27, 1995 City Council Regular Meeting COUNCIL ACTION: A T D Comments: 6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES: There are no advisory commission minutes to be accepted at this meeting. 7. SPECIAL ORDER OF BUSINESS: There was no Special Order of Business set for this meeting. 8. CONSENT AGENDA: A. Adopt Resolution Nos. 4857 and 4858 Reapportioning Assessments for Knollwood Green Condominiums, Auditor's Nos. 538 and 617, Staff Report No. 95-1546C B. Adopt Housing Goals Agreement, Metropolitan Livable Communities Act, Staff Report No. 95-1547C C. Adopt Resolution No. 4865 Approving Just and Correct Claims Against City Funds D. Licenses for Approval HVAC - Expires 6/30/96 Delmar - New Furnace Exchange, Inc. - New Wenzel - New AGENDA PAGE THREE DECEMBER 11, 1995 SEWER AND WATER - Expires 6/30/96 Meyer Contracting - New COUNCIL ACTION: A T D Comments: Items Removed: 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Citizens' comments are encouraged to allow individual citizens to address the Council, as a whole, on a matter of interest or concern to the citizens. The preservation of the Citizens' Comments item on the agenda is important in order to encourage and maintain this information flow. To preserve and protect this valuable communications link, a speaker is limited to three (3) minutes. CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 10. PUBLIC HEARINGS: 7:05 p.m. To Consider Certification of Delinquent Utility Bills, Tree Removal and Miscellaneous Charges to Ramsey County for Collection with 1996 Property Taxes, Staff Report No. 95-1548C (Staff Presenter: Mary Tatarek, Interim Finance Coordinator) AGENDA PAGE FOUR DECEMBER 11, 1995 a. Consideration of Resolution No. 4860 Levying a Tax for Delinquent Utility Bills, Tree Removal and Miscellaneous Charges Over a One Year Period COUNCIL ACTION: A T D Comments: 11. COUNCIL BUSINESS: A. Consideration of Authorization of the BRW Contract for Design and Inspection Services for the Pedestrian Bridge, Staff Report No. 95- 1549C, (Staff Presenter: Mary Saarion, Director of Parks, Recreation and Forestry) COUNCIL ACTION: A T D Comments: B. Consideration of Resolution No. 4864 Resolution of Support in the Efforts of the Spring Lake Park/Blaine/Mounds View Fire Department to Obtain Legislation Enabling the Department to Employ Volunteer Firefighters for Prevention Duties, Staff Report No. 95-1550C (Staff Presenter: Paul Harrington, Interim City Administrator) COUNCIL ACTION: A T D Comments: AGENDA PAGE FIVE DECEMBER 11, 1995 C. Final Consideration of Ordinance No. 569 Rezoning a Portion of Lots 10 and 11, Spring Lake Park Knolls Addition, Planning Case No. 428-95, Staff Report No. 95-1551C (Staff Presenter: Paul Harrington, Interim City Administrator) ROLL CALL VOTE: Mayor Linke Councilmember Trude Coitmember Blanchard Councilmember Quick Councilmember Hankner COUNCIL ACTION: A T D Comments: D. Consideration of Resolution No. 486k'Request for Minor Subdivision, Larry Beach, Planning Case No. 428-95, Staff Report No. 95-1552C (Staff Presenter: Paul Harrington, Interim City Administrator) COUNCIL ACTION: A T D Comments: E. Discussion of Proposed Highway 610 Toll Road and Old Highway 8 Reconstruction Plans, Staff Report No. 95-1553C (Staff Presenter: Paul Harrington, Interim City Administrator) COUNCIL ACTION: A T D Comments: AGENDA PAGE SIX NOVEMBER 27, 1995 12. REPORTS: 1. Report of Councilmembers: Quick: Blanchard: Hankner: Trude: 2. Report of Mayor Linke: 3. Report of Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL MEETING: DECEMBER 19, 1995, 7:00 P.M. NEXT COUNCIL WORK SESSION: FEBRUARY 5, 1996 13. ADJOURNMENT: Pagel tr November 27, 1995 U1 -Apo RovED Mounds View City Council 1 2 3 4 5 PROCEEDINGS OF THE CITY COUNCIL 6 CITY OF MOUNDS VIEW 7 RAMSEY COUNTY, MINNESOTA 8 9 10 11 Regular Meeting 12 November 27, 1995 13 Mounds View City Hall 14 2401 Hwy. 10, Mounds View, MN 55112 15 16 17 CALL TO ORDER 18 19 The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. 20 on November 27, 1995. 21 22 PLEDGE OF ALLEGIANCE 23 24 ROLL CALL 25 26 MEMBERS PRESENT Mayor Linke, Councilmembers Trude, Blanchard, 27 Hankner and Quick 28 29 ALSO PRESENT: Paul Harrington, Interim City Administrator 30 31 32 ADDITIONS TO THE AGENDA: 33 34 Mr. Harrington stated he would like to add one item to the Agenda, Resolution 35 4856, regarding Facsimile Signatures. 36 37 Mayor Linke stated he also would like to add an item to the agenda, discussion 38 on the possibility of Hwy. 610/118 becoming a future tow road. 39 40 41 42 Page 2UNAPPROVP November 27, 1995 ' Mounds View City Council 1 APPROVAL OF MINUTES: 2 3 Council member Trude noted a change to the November 13, 1995 minutes. 4 She noted that Page 3, Line 47 should be changed from Webber to "Weber" as 5 should Page 4, Line 1. 6 7 MOTION/SECOND: Trude/Blanchard to approve the minutes of the 8 November 13, 1995 City Council meeting AS AMENDED. 9 10 VOTE: 4 ayes 0 nays 1 Abstention (Hankner) Motion Carried 11 12 ACCEPTANCE OF ADVISORY COMMISSION MINUTES: 13 14 There were no Advisory Commission Minutes to be accepted at this meeting. 15 16 SPECIAL ORDER OF BUSINESS: 17 18 There was no Special Order of Business set for this meeting. 19 20 CONSENT AGENDA: 21 22 Mr. Harrington, Interim City Administrator, read the Consent Agenda as follows: 23 24 A. Adopt Resolution No. 4847, Approving a Step Adjustment for Mark 25 Andrescik, Public Works Maintenance Worker. 26 27 B. Adopt Resolution 4848, Approving Reclassification of Public Works 28 Leadsman. 29 30 C. Adopt Resolution No. 4854, Approving Just and Correct Claims Against 31 City Funds. 32 33 D. Licenses for Approval: 34 35 HVAC - Expires 6/30/96 36 Albers Mechanical Services - New 37 Apollo Heating - Renewal 38 Conrad Mechanical Contractors, Inc. - New 39 More's Burner Service - New 40 Southside Plumbing and Heating - New 41 UNMIIIIUv , ,:. Page 3 November 27, 1995 Mounds View City Council 1 Mayor Linke asked if there were any councilmembers who would like any items 2 removed from the Consent Agenda. There were none. 3 4 MOTION/SECOND: Trude/Quick to approve the Consent Agenda as 5 presented. 6 7 VOTE: 5 ayes 0 nays Motion Carried 8 9 RESIDENTS REQ EST AND_OOMMETS FROM-THE-FLOOR: 10 11 Mayor Linke explained that this portion of the meeting was designated for 12 anyone who wished to speak to the Council on items that were not on the 13 Agenda. 14 15 Bill Siercks, 2210 Pinewood Drive, asked what the total cost of the pedestrian 16 bridge is estimated to be. 17 18 Mayor Linke explained that the city will be receiving a $480,000 grant and the 19 city's matching share will be $185,000. 20 21 Mr. Siercks said the architectural/engineering fees of approximately $65,000 22 were not disclosed as part of the city's portion when he inquired as to the 23 project costs over the telephone. He also asked various questions in regard 24 to snow removal, whether or not the costs for removing the drainage ponds 25 and the moving of the traffic signals, if necessary, were included in the 26 estimates, etc. He stated these were all questions that needed to be answered 27 and it was his understanding that the residents would be allowed to give their 28 input in regard to the proposed pedestrian bridge on November 29, 1995. He 29 understood that no decision would be made on this issue before then. 30 31 Mayor Linke explained that this would have been the case if the project were 32 included as a part of the 1996 budget. However, the city was able to fund 33 their portion from other sources, and therefore it was not necessary to present 34 the residents with an increase in their tax levy for 1996. Locating a funding 35 source for the project was the main concern. He felt very strongly that the 36 funds should not be used from future sources. The proposal he presented to 37 the rest of the council on November 13th was money that the city has in-hand 38 now. 39 40 Ms. Hankner stated she was not present at the November 13th meeting. She 41 feels this is a fundamental issue of trust. She was in attendance at the last 42 council work session and there was no discussion about putting this item on F t�` r,.�. 1 J1 n Page 4 flLILjJ November 27, 1995 Mounds View City Council 1 the agenda for consideration at the following Council meeting. She was 2 disappointed to hear after returning from a business trip that action had been 3 taken on this issue. She also understood that it would be discussed further at 4 the November 29th meeting. She did not have any idea that money would be 5 taken out of the 1995 budget to fund this project. This further raises 6 questions about the city's budget process. She is particularly concerned that 7 a decision was made on this issue without any notice to her. 8 9 Ms. Trude explained_that ounci!'s-lastworksession, they-had-agreed 10 that there would be a 0% tax levy increase for 1996. Since that decision was 11 made, she felt it would be inappropriate to discuss the pedestrian bridge issue 12 at the Truth in Taxation Meeting if it was not a part of the 1996 budget. 13 14 Mayor Linke explained that it was put on the agenda upon his request. He 15 was not comfortable with the four different funding proposals which were put 16 before him so he met with the City's Finance Department and was able to 17 come up with an alternate funding source, that being interest earned off of the 18 1994 and 1995 Special Project Funds. He contacted Samantha Orduno and 19 asked that this item be added to the agenda. He also spoke with the Auditors 20 who informed him that it was acceptable to use the funds toward this project. 21 22 Ms. Hankner stated at the last council work session the council members 23 agreed to a 0% levy increase. This was what she wanted all along. However, 24 her position on the issue was that if the pedestrian bridge were to be 25 approved, something would need to be taken out of the 1996 budget to allow it 26 in order to assure the 0% levy increase. 27 28 Duane McCarty, 8060 Long Lake Road, stated he is very dismayed at the 29 attitude that anything other than the proposed tax levy for next year is not the 30 money of the citizens of the city. There is no excuse for going outside of the 31 proper process in making expenditures. There has never been a question 32 about the value of a pedestrian bridge, however he feels the public was cut out 33 of the entire process. 34 35 Mayor Linke stated he did not know what Mr. McCarty was referring to when 36 he said the public was cut out of the process. The public has been involved in 37 the decision since approximately April when the city first started talking about 38 it. There were many residents present at council meetings since then in 39 support of the bridge. The only time they opposed it was when the city was 40 considering putting it on the taxes. 41 NAFFiR , ., ..n mt3- ,, � F Page 5 'i �'�'°. November 27, 1995 Mounds View City Council 1 Mr. McCarty asked if people really expect that pedestrians directly across the 2 highway from their destination will walk a considerable distance just to use the 3 bridge. He wondered where the plan or specific study that was required to 4 determine whether or not this bridge was a good, usable amenity to the entire 5 community. The residents did not have an opportunity to ask the questions 6 they planned to on November 29th. He does not believe that the November 7 29th discussion date was only in the event that a tax levy would be required. 8 Furthermore, it his understanding that per Code 203.8, Subdivision 5, a 4/5 9 vote of approval is required to spend any money-out-of-the-Special Projee - 10 fund which the city does not have at this time as it was passed on a 3/1 vote. 11 12 Mayor Linke explained that he asked the Auditors about the proposed 13 expenditure of the funds for the pedestrian bridge and they assured him that 14 the interest portion could be used for this project. 15 16 Mr. McCarty suggested that the City Attorney be contacted about this issue, as 17 he believes the funds were committed without a 4/5 vote. 18 19 Pam Starr, 7778 Woodlawn Drive stated she would like to applaud the City 20 Council for finally making a decision that is looking at the safety of the children 21 in Mounds View. She does not know how anyone can be so short-sighted 22 that they can say Mounds View cannot afford the bridge when there are 23 children who need to cross the highway. 24 25 Jim Schmitt, 5446 Erickson Road, stated there has been public input on this 26 issue since April. At the meetings he has attended there has been a greater 27 number of residents in favor of the bridge than opposed to it. Furthermore, at 28 the Public Hearing on the issue of whether the city would use tax increment 29 financing , he heard four out of the five council members state two different 30 times that they were in favor of the bridge, they just had a disagreement on 31 taxes. He stated the city must find funding for a project such as this. He 32 has three children and is active in youth activities in the community. They use 33 the community as a whole and he feels access is a problem in the community. 34 The bridge will greatly improve this problem. He is happy that the decision 35 was made. 36 37 Ms. Hankner stated the council decided they would not increase the taxes for 38 purposes of funding the pedestrian bridge, but that they would still go ahead 39 with the grant and directed staff to go into the budget and try to determine 40 where funds could come from. At that time it was still in the context of the 1996 41 budget. For public purposes, the council let them know that it would be 3' si " t3 at ; Page 6 November 27, 1995 Mounds View City Council 1 discussed as a part of the 1996 budget on November 29th when they were to 2 hold the Public Hearing. It was still in the 1996 budget. 3 4 The residents did not have any notice that the council was going to take action 5 on this issue on November 13th. She feels the action was out of line with the 6 process. 7 8 Mayor Linke stated at the budget work session there was not any discussion 9 about keeping it in the 1996 budget and removing-anotheF it. 10 11 Ms. Hankner stated this has been her position from the beginning. No one 12 mentioned at the work session that it would be taken out of the 1995 budget or 13 that it would be discussed at the November 13th meeting. 14 15 Jim Schmitt, 5446 Erickson Road, stated he does not feel the council acted 16 inappropriately. They found resources that were not known beforehand to fund 17 the project. 18 19 Henry Ruggles, 2629 Lake Court Drive, stated he understood that the 20 pedestrian bridge was a "dead issue". This was a comment he heard made by 21 Mayor Linke after the last meeting on the bridge. 22 23 Mayor Linke stated he was only referring to the tax increase to help fund the 24 project. If he were unable to find another funding source, it would have been 25 a dead issue because he was not going to support putting it on the 1996 26 budget. 27 28 Mr. Ruggles stated theoretically, if the project funding had not been approved, 29 the residents may have been able to have a 3% decrease in their taxes for 30 1996. 31 32 MOTION/SECOND: Hankner/Blanchard to direct staff to get a get an opinion 33 from the City Attorney on the 4/5 approval requirement for the use of the 34 interest of the Special Project Funds. 35 36 VOTE: 5 ayes 0 nays Motion Carried 37 38 Ms. Hankner stated she would like this information available at the November 39 29th hearing if possible. 40 41 An unidentified resident asked if there are cost overruns on the bridge, will the 42 State increase their share or will the city be responsible for the additional costs. -R, 0 17,7, Pae 7 p �V S November 27, 1995 Mounds View City Council 1 Mayor Linke stated the Engineers are provided with a maximum amount and it 2 must not exceed that amount. 3 4 Ms. Trude stated if necessary, other items will need to be cut in order to bring 5 it back into the approved project cost. 6 7 Duane McCarty, 8060 Long Lake Road, stated he also would like to obtain the 8 City Attorney's opinion on whether or not the interest earnings come under the 9 requirements of the Ordinance He would-also-like-the-City-Atter- • - 10 the council on the legal requirements of the Long Term Financial Plan and how 11 it intertwines with the budget through the Charter Requirements, and therefore 12 be subject to the Truth in Taxation hearing laws. The bridge was originally 13 set up in the 1997 budget in the Long Term Financial Plans, and therefore the 14 council will also need to amend the ATLP. He would like to obtain this 15 information by the November 29th hearing. He stated he feels everyone at 16 the meeting wants to unite Mounds View and make it safe for their children and 17 citizens but they want to be part of the process. 18 19 PUBLIC HEARINGS: 20 21 a. To Consider Request for Conditional Use Permit - North Star Land Services. 22 23 Mayor Linke opened the Public Hearing at 7:45 p.m. 24 25 Mr. Paul Harrington, Interim City Administrator, explained that North Star Land 26 Services, who represent U S West, has made an application for a Conditional 27 Use Permit to allow for the construction of an enclosure to house fiber fed 28 telecommunication services. This request is for property located at 2280 29 Highway 10. The actual location of the structure would be a 20 X 20 30 easement, fronting on Wooddale Drive. The enclosure would be approximately 31 6 X 9 feet. 32 33 Mr. Harrington noted that in the Spring of 1995, a similar request was granted 34 on the Multi-Tech property at 2205 Wooddale for the business park north. This 35 one would service the buildings on the south side of the business park. 36 37 Wallace Steiner, 5220 O'Connell, stated he purchased his property about two 38 years ago and he was not aware of this. 39 40 Mr. Harrington stated the building will be located on a 20 X 20 foot easement. 41 U S West has approached the property owner themselves and requested the UN1A}1i1U Page8 �, ,<._ LJ November 27, 1995 Mounds View City Council 1 easement for the building which has been drawn up and will be signed based 2 upon the city council's approval. 3 4 Mayor Linke closed the Public Hearing at 7:55 p.m. 5 6 MOTION/SECOND: Trude/Blanchard to Approve Resolution No. 4849, 7 Approving a Conditional Use Permit for a Public Utility Structure, U S West 8 Communications, 2280 Highway 10. 9 10 VOTE: 5 ayes 0 nays Motion Carried 11 12 13 Mayor Linke opened the Public Hearing at 7:55 p.m. to Consider a Request for 14 a Conditional Use Permit for Richard and Julie Oliverius, 8426 Groveland Road. 15 16 Paul Harrington explained that Richard and Julie Oliverius made an application 17 for a Conditional Use Permit to establish a Residential Dog Kennel on their 18 property at 8426 Groveland Road. Residential dog or cat kennels are allowed 19 in an R-1, single family zone district. They are only allowed to have up to four 20 dogs or cats (over six months of age - puppies under 6 months are not 21 included in that total). The applicant was required to obtain approach 22 property owners within 500 feet of his property with a petition outlining his 23 proposal, which he has done. Approximately 85% of those approached 24 signed the petition saying they were not in opposition to the request (50% is 25 required). Mr. Harrington noted that there are conditions on the resolution, in 26 specific, that after a period of one year, the Conditional Use Permit is subject to 27 a review. 28 29 Ms. Blanchard stated she recalled that the Council turned down a request for a 30 kennel in that neighborhood in the Spring of 1995. 31 32 Mayor Linke stated this was a different property, and it was turned down as the 33 applicant was unable to obtain signatures of residents in the area as required. 34 35 Ms. Trude asked if Mr. Oliverius intends to breed dogs. 36 37 Mr. Oliverius stated he does not plan to have any more litters. He wanted to 38 keep a couple of the pups to get started in training. 39 40 Ms. Trude stated another concern voiced by a resident was whether or not 41 someone would be home during the day to notify if there were a problem with 42 dogs barking. k if/7 f11U ' Lj .Liysi �. Page 9i November 27, 1995 Mounds View City Council 1 Mr. Oliverius stated there is not someone home during the day. However, the 2 dogs are usually kept in the garage during the day. They do have voice mail 3 in the event there is a complaint. 4 5 Ms. Trude stated some of the residents who spoke with her in regard to this 6 request stated they were comfortable knowing there was a one-year review 7 period for the Conditional Use Permit. 8 9 Mayor Linke closed the Pub]ic){earing-at-8:0- ,,.. 10 11 MOTION/SECOND: Quick/Linke to Approve Resolution No. 4850, Approving a 12 Conditional Use Permit for Richard and Julie Oliverius. 13 14 VOTE: 5 ayes 0 nays Motion Carried 15 16 Mayor Linke opened the Public Hearing at 8:04 p.m. to Consider a Request for 17 a Conditional Use Permit for Brian Daniels, 7280 Silver Lake Road. 18 19 Mr. Harrington explained that Mr. Daniels has made an application for a 20 Conditional Use Permit for an oversized garage on his property at 7280 Silver 21 Lake Road. The garage which has already been constructed, totals 1,248 22 square feet. The Mounds View Municipal Code allows garages up to 1,264 23 square feet with the issuance of a Conditional Use Permit. When an accessory 24 building exceeds 1,000 square feet, no other buildings are allowed on the 25 property other than the principal structure. Mr. Daniels does have a small 100 26 square foot building on his property which he has agreed to remove. (This 27 requirement is stated on Resolution No. 4851, and requires a $1,000 escrow to 28 insure that it is removed from the property). 29 30 Mayor Linke closed the Public Hearing at 8:06 p.m. 31 32 MOTION/SECOND: Trude/Quick to Approve Resolution 4851, Approving a 33 Conditional Use Permit for Brian Daniels, 7280 Silver Lake Road. 34 35 VOTE: 5 ayes 0 nays Motion Carried 36 37 Mayor Linke opened the Public Hearing at 8:06 p.m., to Consider a Request for 38 a Rezoning of A Portion of the Property Located at 2801/2809 Bronson Drive. 39 40 Mr. Harrington explained that Larry Beach has made an application for the 41 rezoning of a portion of the property located at 2801/2809 Bronson Drive. He 42 would like to rezone the properties from R-1, Single Family Residential to R-2, Page 10 \ /hi_ I fU November 27, 1995 Mounds View City Council 1 Single and Two-Family Residential. The request will allow the construction of 2 twin homes on the property. The current properties front Bronson Drive and 3 have single family homes on them. The single family homes would remain that 4 are fronting along Bronson Drive, but the back 225 feet of those lots would be 5 included in the rezoning. The twin homes would front on Silver Lake Road. 6 Mr. Beach has already constructed two twin home sets just north of this 7 property along Silver Lake Road. 8 This request is subject to criteria spelled out in the Municipal Code regarding 9 rezoning. 10 11 Ms. Blanchard stated she received a telephone call in regard to this request, 12 asking if the property would be rental property. 13 14 Mr. Harrington stated the properties in the building that Mr. Beach has already 15 constructed have sold for a minimum of $165,000 per unit which likely would 16 not support a rental type set up. 17 18 Mary Bisbee, 2816 Bronson Drive presented a signed petition from residents in 19 the neighborhood who are opposed to the division of the lots and the 20 construction of twin homes. They wish to have the property remain zoned 21 single family residential. By changing the zoning, it changes the whole 22 atmosphere of the area. She stated when she looks at the property she sees 23 the potential for more homes to be put there in the future. 24 25 Ms. Trude stated the appearance of the buildings is much like single family 26 homes. She stated the Planning Commission has been pleased with the 27 enhancements that Mr. Beach has brought to the city along silver lake road 28 and over by Messiah Lutheran Church. She also understands that there is a 29 real desire for this type of housing in the area. 30 31 Mr. Harrington explained that the city's code requires that twin homes that are 32 constructed each have a minimum frontage of 50 feet. Mr. Beach is proposing 33 two buildings which would require a minimum of 200 feet. He is proposing to 34 rezone 225 feet. Code restrictions would limit the number of buildings that 35 could be constructed on the property. 36 37 Ms. Bisbee stated another concern of the neighborhood is the increase in 38 traffic. 39 40 Mr. Harrington explained that traffic will enter and exit the buildings on Silver 41 Lake Road, so traffic should not have much of an impact on the area. 42 p Rrxa+ G. ! r }3 Is' Page 11 • � � >' November 27, 1995 .`9tie " Mounds View City Council 1 Mr. Beach stated the twin homes he proposes to build will appeal mostly to 2 empty nesters and retirees. He feels this is the best type of land use for the 3 property. 4 5 Dan Hill, 2808 Bronson Drive, stated his concern is in the degradation of the lot 6 sizes. The existing properties are deep lots which have been particularly 7 attractive to residents. He was concerned what would happen to the values of 8 those properties where the lots are basically cut in half. 9 10 Mayor Linke explained that in comparison to other lots in Mounds View, they 11 still will be larger than most. 12 13 Mr. Hill also asked what assurance the residents will have that the properties 14 do not become rental units in the future. 15 16 Mayor Linke explained that the city does not have control over that. 17 18 Another unidentified resident stated he has been told that the property directly 19 across from Mr. Hill has been sold. He wondered if Mr. Beach intends to put 20 in a cul-de-sac there. 21 22 Mayor Linke explained that any proposals such as that would need to be 23 approved by the city. 24 25 Mr. Beach stated he has put a down payment on the property but it has not 26 been closed on. He intends to fix the property up and then sell it. He does 27 not intend to keep it as rental property. 28 29 Mayor Linke closed the public hearing at 8:20 p.m. 30 31 Mayor Linke explained that this public hearing was to introduce the ordinance. 32 The city must then wait at least 14 days before they can ask for the adoption of 33 the ordinance. There is then a 30 day waiting period before that action 34 becomes law. 35 36 Ms. Hankner noted that the real issue is that this proposal fits within the city's 37 Comprehensive Plan. 38 39 MOTION/SECOND: Trude/Quick to Approve the Introduction of Ordinance No. 40 569, Rezoning a Portion of Lots 10 and 11, Spring Lake Park Knolls Addition. 41 42 VOTE: 5 ayes 0 nays Motion Carried s��4 i P Page 12 November 27, 1995 Mounds View City Council 1 Mayor Linke opened the Public Hearing at 8:23 p.m. to Consider a Request for 2 Wetland Alteration Permit for Sherri Ruf, Representing Louis Downing. 3 4 Mr. Harrington stated in the fall of 1994, Sherri Ruf, representing her father 5 Louis Downing requested a Wetland Alteration Permit which would allow 6 construction of a single family home on the property which is located at the 7 intersection of Longview and Wooddale Drive. The applicant was required at 8 that time to have a Wetland Delineation performed on the property in order to 9 determine th wetlan was-or he-_property Ms Rtr 10 completed this and presented two different proposals for developing the 11 property as single family housing. Mr. Harrington provided diagrams of the 12 two different proposals, noting that Rocky Keehn has reviewed both and feels 13 that proposal number 2 would involve the least amount of disturbance to the 14 wetland area. The delineation has also been submitted to the Rice Creek 15 Watershed District who approved it and of the plan to construct the home. 16 This proposal involves a mitigation of the wetland on the property. 17 18 Mr. Keehn provided a brief overview of what his findings were. He noted that 19 a natural strip would be required between the lawn and the wetland. 20 21 Mr. Allen Sheldon, 5143 Red Oak Drive, stated he owns property near the site 22 and has some concern as to flooding problems he may experience as his 23 property is not much higher. He also was concerned that the changes could 24 create a mosquito habitat which could cause a nuisance for him (he referred to 25 a section of the MN Statutes which he felt was applicable to this case). 26 27 Mayor Linke stated he did not know what the entire statute reads, but did not 28 feel it would pertained to wetlands, but rather referred to property with standing 29 water which would encourage a mosquito habitat. 30 31 David Tillman, 5166 Longview Drive stated his only question is whether or not 32 the city should allow constant building in buffer zones that they have created 33 and what the actual purpose of a buffer zone is. 34 35 Mr. Harrington explained that the city has had situations where the buffer zones 36 have greatly influenced proposals by the developer not being able to provide 37 the necessary improvements to the wetlands that are required. 38 39 Mayor Linke closed the public hearing at 8:55 p.m. 40 41 Ms. Trude noted that she had a resident talk to her about Woodcrest Park. 42 She stated she talked with Mr. Harrington about this and Woodcrest Park still i 77, 1P"^fi• T:c m AlfV Page 13 November 27, 1995 ILL) Mounds View City Council 1 continues to be the low spot, however this plan will not add any runoff to the 2 park as it will provide its own drainage. 3 4 Mr. Quick asked if the Resolution for this proposal specifies Proposal #2. 5 6 Mr. Harrington stated as a part of the Development Agreement, Proposal #2 7 will be attached as an exhibit. 8 9 MOTION/SECOND: Quick/Blanchard-to-approve-Resolution-N4852, 10 Approving a Wetland Alteration Permit for Sherri Ruf, Representing Louis 11 Downing(Proposal #2). 12 13 VOTE: 4 ayes 1 nay (Hankner) Motion Carried 14 15 COUNCIL BUSINESS: 16 17 A. Consideration of Resolution 4856, Approving the Adoption of the Certified 18 Copy of Corporate Resolution, Authorizing Facsimile Signatures. 19 20 Mayor Linke explained that Samantha Orduno and Don Brager are no longer 21 with the City of Mounds View, so this Resolution would authorize Paul 22 Harrington and Mary Tatarek to replace Ms. Orduno and Mr. Brager's 23 signatures on city documents. 24 25 MOTION/SECOND: Trude/Blanchard to approve Resolution 4856, Approving 26 the Adoption of the Certified Copy of Corporate Resolution, Authorizing 27 Facsimile Signatures. 28 29 VOTE: 5 ayes 0 nays Motion Carried 30 31 B. Discussion on 610/118 possibly becoming a toll road: 32 33 Mayor Linke stated he noticed that when MNDOT came through with proposals 34 for toll roads, all of 610/118 is being proposed as a toll road which he feels 35 defeats the entire purpose of having it. If people have Highway 10 to travel 36 rather than use the toll road, they will likely do it. He would like to request 37 that council direct staff to prepare a resolution for the December 11 meeting in 38 opposition to making 610/118 a toll road because it will adversely affect the 39 City of Mounds View. 40 41 Ms. Hankner stated if the council is to consider a resolution such as this, she 42 would like to obtain some additional information on the issue. rztil Page 14I A n' + 'a<t> a ` ra z November 27, 1995 Mounds View City Council 1 Mr. Harrington stated he will attempt to get information together for the 2 December 4th council work session. 3 4 5 REPORTS: 6 7 1. Report of Council members: 8 9 Q port. 10 11 Blanchard: No report. 12 13 Hankner: Ms. Hankner asked if a meeting has been scheduled for 14 the Airport Task Force as was discussed at the last City 15 Council meeting. 16 17 Mr. Harrington explained that a meeting has been set for Tuesday, November 18 28, 1995 at 7:00 p.m. at City Hall. Everyone is invited to attend and offer 19 comment on the Noise Abatement Plan for the Anoka County Airport. 20 21 Ms. Hankner also asked if Request for Proposals have gone out for Legal 22 Services. 23 24 Mayor Linke stated at the last council work session it was recommended by 25 Ms. Orduno to hold off on this issue until a new City Administrator has been 26 hired and this was agreed upon by the council members. 27 28 Ms. Hankner stated she did not understand why this process should be 29 delayed and understood that the current contract is due to expire December 30 31, 1995. 31 32 Mr. Harrington stated he will check on this, but it is their understanding that the 33 current rate is locked in and the contract is on-going. 34 35 1, Trude: No Report 36 37 2. Report of Mayor Linke: No Report. 38 39 3. Report of Administrator: No Report. 40 41 Mayor Linke stated the next Council Work Session is scheduled for December 42 4, 1995 at 6:00 p.m. Page 15J 11 A ro November 27, 1995 ,h720 Mounds View City Council 1 The next Council Meeting is December 11, 1995 at 7:00 p.m. 2 3 Mayor Linke adjourned the meeting at 9:20 p.m. 4 5 Respectfully submitted, 6 7 8 Tamara D. Saefke 9Recording_Secretary 10 (� REQUEST FOR COUNCIL CONSIDERATION Report Number: 5•A P Report 95-1546C v��G'UtJ�j STAFF REPORT Report Date: 12-06-95 Council Action: 0 Special Order of Business CITY COUNCIL MEETING DATE December 11, 1995 0 Public Hearings Xyl Consent Agenda 0 Council Business Item Description: Resolution Nos. 4857 and 4858 Reapportioning Assessments for Knollwood Green Condominiums, Auditor's Nos. 538 and 617 Administrator's Review/Recommendation: - No comments to supplement this report /VG/ - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; The City of Mounds View has received a request from Ramsey County to apportion certain assessments for properties located in the plat, "Knollwood Green Condominiums". The subject property is owned by Richard and Lois Rish and have been combined to form one lot for tax purposes only. The property will be assigned one PIN number. --4:c4/11",neeBarb Benesch, Secretary Community Development RECOMMENDATION; RESOLUTION NO. 4857 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW HELD ON DECEMBER 11, 1995 CHANGE IN: AUDITOR'S NO. 538 , DIVISION NO.: DB065381 PLAT: KNOLLWOOD GREEN CONDOMINIUMS Motion by: WHEREAS, ursuant-to-Resslut on No. 4857OOftheCity Council of Mounds View, the Special Assessments for the Construction of Auditor's No. 538, were levied against the attached list of described properties, said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed or replatted and are described according to the attached list, and said list made a part herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the assessments for Auditor's No. 538 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County for further collection in the amount stated on the attached list, said list made a part herein. Seconded by 5 ayes COUNTY OF RAMSEY CITY OF MOUNDS VIEW I, the undersigned, being the duly qualified City Clerk of said City DO HEREBY CERTIFY that I have carefully compared the attached foregoing extract of Minutes of a meet- ing of the City Council of said City held on December 11, 1995 at 7:00 p.m. with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the changing of the assessment for Auditor's No. 538 because of the conveyance of/or replatting of certain properties. WITNESS my hand and seal of said City this 11th day of December, 1995. ATTEST: Clerk, City of Mounds View (SEAL) CITY OF MOUNDS VIEW REAPPORTIONMENT OF ASSESSMENT RESOLUTION NO. 4857 Division No.: DB065381 D/P No. 0056 NAME OF ASSESSMENT: SS WT DRN Auditor's No.: 0538 ORIGINAL TOTAL ASSESSMENT (From Division Form) A. 06-30-23-31-0122-7 $ 15.38 (PID Number) B. 06-30-23-31-0163-8 $ 93.80 (PID Number) $ 109.18 Total Original Assessment REAPPORTIONMENT (From Division Form) LOT AREA (S.F.) 1• 06-30-23-31-0184-5 1,349 $ 109.18 (PIN Number) (Amount) RESOLUTION NO. 4858 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW HELD ON DECEMBER 11, 1995 CHANGE IN: AUDITOR'S NO. 617 , DIVISION NO.: DB065381 PLAT: KNOLLWOOD GREEN CONDOMINIUMS Motion by: WHEREAS, pursuant to Resolution No. 4858 of the City Council of Mounds View, the Special Assessments for the Construction of Auditor's No. 617 , were levied against the attached list of described properties, said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed or replatted and are described according to the attached list, and said list made a part herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the assessments for Auditor's No. 617 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County for further collection in the amount stated on the attached list, said list made a part herein. Seconded by 5 ayes COUNTY OF RAMSEY CITY OF MOUNDS VIEW I, the undersigned, being the duly qualified City Clerk of said City DO HEREBY CERTIFY that I have carefully compared the attached foregoing extract of Minutes of a meet- ing of the City Council of said City held on December 11, 1995 at 7:00 p.m. with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the changing of the assessment for Auditor's No. 617 because of the conveyance of/or replatting of certain properties. WITNESS my hand and seal of said City this 11th day of December, 1995. • ATTEST: Clerk, City of Mounds View (SEAL) CITY OF MOUNDS VIEW REAPPORTIONMENT OF ASSESSMENT RESOLUTION NO. 4858 Division No.: DB065381 D/P No. 0063 NAME OF ASSESSMENT: SAN SWR/S Auditor's No.: 0617 ORIGINAL TOTAL ASSESSMENT (From Division Form) A. 06-30-23-31-0122-7 $ 1.42 (PID Number) B. 06-30-23-31-0163-8 $ 8.64 (PID Number) $ 10.06 Total Original Assessment • REAPPORTIONMENT (From Division Form) LOT AREA (S.F.) 1. 06-30-23-31-0184-5 1,349 $ 10.06 (PIN Number) (Amount) 1 y7 REQUEST FOR COUNCIL CONSIDERATION RepRepoortrt Nuumbembeo :r: 95-1547C v606 Report Date: 12-06-95 STAFF REPORT Council Action: O Special Order of Business CITY COUNCIL MEETING DATE December 11, 1995 0 Public Hearings ❑ Consent Agenda ❑ Council Business Item Description: Housing Goals Agreement, Metropolitan Livable Communities Act Administrator's Review/Recommendation: - No comments to supplement this report Met - Comments attached. Explanation/Summary (attachsupplement sheets_as_necessary.) SUMMARY; Step two of the Livable Communities Act (LCA) is to establish housing goals for 1996. The form included was created by the Metropolitan Council. It is not specific to any city; rather, it reflects the overall goals of the LCA. Gordon Backlund of the Met Council stated that since we meet or exceed all of the requirements, this standard form is sufficient for our housing goals. Our overall goal is to maintain or increase the value of our housing stock. The next step for the Livable Communities Act is to complete the Housing Action Plan by June of 1996. In January, the Met Council will be holding several seminars on how to draft a copy of the action plan and discuss information required to be included. . • • Je n" er B man, FJsin pector RECOMMENDATION; HOUSING GOALS AGREEMENT METROPOLITAN LIVABLE COMMUNITIES ACT PRINCIPLES The City of Mounds View supports: 1. A balanced housing supply,with housing available for people at all income levels. 2. The accommodation of all racial and ethnic groups in the purchase,sale,rental and location of housing within the community. 3. A variety of housing types for people in all stages of the life-cycle. 4. A community of well-maintained housing and neighborhoods,including ownership and rental housing. 5. Housing development that-respects-t e- atural-environment-ofthe-community-while-striving-to-accommodate the-need-variety-of housing types and costs. 6. The availability of a full range of services and facilities for its residents,and the improvement of access to and linkage between housing and employment. GOALS To carry out the above housing principles,the City of Mounds View agrees to use benchmark indicators for communities of similar location and stage of development as affordable and life-cycle housing goals for the period 1996 to 2010,and to make its best efforts, given market conditions and resource availability,to maintain an index within the benchmark ranges for affordability,life-cycle and density. CITY INDEX BENCHMARK GOAL Affordability Ownership 89% 69-87% Rental 54% 35-59% Life-Cycle Type(Non-single family 43% 33-35% detached) Owner/rental Mix 67/33% (75)/(25)% Density Single-Family Detached 2.3/acre 1.9-2.3/acre Multifamily 12/acre 10-13/acre To achieve the above goals,the City of Mounds View elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program,and will prepare and submit a plan to the Metropolitan Council by June 30, 1996,indicating the actions it will take to carry out the above goals. *The City of Mounds View currenly meets or exceeds all goals expected by the Metropolitan Council CERTIFICATION Mayor Date 10. P.H. 7:05 pm REQUEST FOR COUNCIL CONSIDERATION Agenda ortumber: Report Number: 95-1548C STAFF REPORT Report Date: 12-06-95 Council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE December 11, 1995 0 Public Hearings ❑ Consent Agenda ❑ Council Business Item Description: Resolution No. 4860, Levying a Tax for Delinquent Utility Bill, Tree Removal and Miscellaneous Charges Over a One Year Period Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; A hearing has been set for 7:05 p.m., December 11, 1995 to consider certification of delinquent utility bills, tree removal and miscellaneous charges to Ramsey County for collection with 1996 property taxes. Letters were sent to those customers advising them of the hearing. Since the letters were mailed, a number of the accounts were paid in full. Those remaining may be certified pursuant to the City's collection policy. Resolution No. 4860 is attached for your review. • Mary Tatar-', Interim Finance Coordinator RECOMMENDATION; Adopt Resolution No. 4860, A Resolution Levying a Tax for Delinquent Utility Bill, Tree Removal and Miscellaneous Charges Over a One Year Period F ACCOUNTS TO BE CERTIFIED PAGE 2 CONTINUED December 6, 1995 TREE REMOVAL OR WEED CUTTING R. Joseph Schovanec Mary Lou Schovanec 7959 Sunnuside Road Mounds View, MN 55112 (tree removal) $ 147 . 16 (06-30-23-42-0005-9) TOTAL $ 147. 16 GRAND TOTAL $ 3,262 . 38 RESOLUTION NO. 4860 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Pursuant to due call and notice thereof, a meeting of the City Council of the City of Mounds View, Minnesota, was held at the City Hall on the 11th day of December, 1995, with the following members present: and the following members absent: Member introduced the following resolution and moved its adoption: RESOLUTION LEVYING A TAX FOR DELINQUENT UTILITY BILL, TREE REMOVAL AND MISCELLANEOUS CHARGES OVER A ONE YEAR PERIOD WHEREAS, the City Council has reviewed all properties on which there are delinquent utility bill, tree removal and miscellaneous charges; and WHEREAS, it has been determined each affected property is responsible for each charge the owner has incurred; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mounds View hereby authorizes and directs the City Clerk to certify to the Auditor of Ramsey County the attached list of delinquent utility bill, tree removal and miscellaneous charges, said list made a part herein, for certification against the tax levy of said property owners for the year 1995, collectible in 1996, and which listing includes an administrative fee of five percent (5%) . Interest shall be figured at the rate of eight percent (8%) on the total amount for one year. Total amount to be certified: $3 ,262 . 38 The motion for the adoption of the above resolution was- duly seconded by Member and upon a vote being taken, Ayes, Nays, said resolution was declared duly passed and adopted this 11th day of December, 1995. ATTEST: Mayor (SEAL) Clerk-Administrator ACCOUNTS TO BE CERTIFIED PAGE 1, December 6, 1995 The following updated list is the delinquent accounts which should be considered for certification on the property taxes for 1996: UTILITY BILLS Birchwood Realty-Inc. 7295 Silver Lake Road Mounds View, Mn 55112 $ 82 . 88 (07-30-23-42-0062-9) Research Realty/HUD 220 S. 2nd Street Mpls, MN 55401-2175 (2735 Sherwood Road) $ 198. 98 (Case #271-481793) (06-30-23-13-0003-3) Richard & Debra Knickerbocker 2735 Sherwood Road Mounds View, MN 55112 Auto Central Inc. 2975 Highway 10 Mounds View, MN 55112 $ 666. 08 (06-30-23-32-0005-8) Kevin A Mullins Virginia K Mullins 7000 Shadow Lake Drive W Lino Lakes, MN 55014-1909 John Engberg 3030 County Road J Mounds View, MN 55112 $ 35. 28 (06-30-23-22-0088-6) Midland Videen, Inc. P.O. Box 131133 St. Paul, MN 55113 (08-30-23-24-0053) $ 2, 132 . 00 TOTAL $ 3, 115. 22 REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 9 11U50C MHOSReport Number: Report Date: 12-06-95 STAFF REPORT Council Action: iLS' u ❑ Special Order of Business December 11, 19950 Public Hearings COUNCIL MEETING DATE ❑ Consent Agenda O Council Business Item Description: Resolution No. 4864 Resolution of Support in the Efforts of the Spring Lake Park/Blaine/Mounds View Fire Department to Obtain Legislation Enabling the Department to Employ Volunteer rlrefighters ror rrevention Duties Administrator's Review/Recommendation: - No comments to supplement this report Ps - - Comments attached. Explanati ummary(attach aupplemenx sheets as necessary-) UMMARY; Traditionally, the majority of the fire service in the United States combated fire through suppression efforts only. This has been a losing battle in terms of saving lives and property proven out by the worst fire statistics in the industrialized world. Other nations have been extremely successful in combating fire through prevention. Numerous examples exist worldwide, here in the United States and also in the State of Minnesota. For example, the City of Chicago has more fire deaths than the entire country of Austria. St. Paul Fire adopted a program in 1988 that reduced their annual fire deaths for children under the age of 5 from 2 .8 per year to zero. This department is committed to combating the , fire problem equally through prevention and suppression. Prevention occurs in two forms; on the industrial/commercial side it requires adoption of sprinkler codes coupled with strong enforcement and inspection of fire codes. For residential structures, prevention occurs in the form of public fire education. This entails, among other things, school programs, senior programs, cable programming, newspaper articles, mall events, high risk programs such as mobile home parks, and neighborhood floods to name a few. • The resolution before ,you would support this department's efforts to obtain legislation allowing us to recruit volunteer firefighters to perform these prevention functions. Presently, there is a state-wide system operated on a local level that enables departments to compensate suppression volunteers with a pension after vested years of service. This had proven to be extremely effective in retaining volunteers. The legislation this department is seeking is permissive to this department and the communities we serve, allowing us to place these prevention volunteers into the pension program. While the City has a required municipal contribution to this plan, long term goals include the ability to reduce the number of personnel as needs subside thereby reducing the required contribution. JZECOMMENDATIO�T; N e Zikmund, ire Chief By doing this, the fire department will be able to advertise these prevention positions with compensation benefits allowing me a larger recruiting pool from which to draw and a proven ability to retain these individuals after we invest training dollars into them. Long term benefits include a reduction in the occurrence of severe fights which translates to less injuries and deaths for both civilians and firefighters. Less property damage would also be a direct benefit as well as an ability to maintain or possibly even reduce suppression costs. This action has already been taken in the capital budget where a full 33% was cut in the form of less equipment in anticipation of reduced need. Alice Johnson will be the House author of the bill, Jane Krentz will be the Senate author. This proposal is supported by the League of Cities, the State Fire Marshall, Ramsey County Chiefs and Tri-Date Corporation which is the Nation's expert on fire prevention. RESOLUTION NO. 4864 CITY OF MOUNDS VIEW COUNTY OF RAMSEY • STATE OF MINNESOTA RESOLUTION OF SUPPORT IN THE EFFORTS OF THE SPRING LAKE PARK/BLAINE/MOUNDS VIEW FIRE DEPARTMENT TO OBTAIN LEGISLATION ENABLING THE DEPARTMENT TO EMPLOY VOLUNTEER FIREFIGHTERS FOR PREVENTION DUTIES WHEREAS, fire kills more than 5, 000 individuals every year in the United States and damages more than 11 billion dollars in property every year; and WHEREAS, in the State of Minnesota, more than 350 people have died from fire and more than 590 million dollars of property has been destroyed by fire over the last five years; and WHEREAS, the cost of having available emergency fire response capability is estimated to exceed 1.5 billion dollars on an annual basis in the State of Minnesota. WHEREAS, an average of 125 firefighters are killed every year in the United States combating fire, the vast majority of which deaths DO NOT occur on the fire ground; and WHEREAS, the State of Minnesota's fire problem and the Community of Mounds View's fire problem are similar in nature to the national problem; and WHEREAS, the leading of cause of accidental death for children under the age of five is fire; and WHEREAS, proof exists throughout the World, Nation, State and selected Minnesota Cities that FIRE PREVENTION CAN AND DOES WORK TO SAVE LIVES AND PROPERTY with considerably less cost and . danger to all emergency responders; and WHEREAS, the City of Spring Lake Park experienced a fire death in 1994 and the City of Mounds View has experienced fire deaths in its history; and WHEREAS, the City of Mounds View is committed to combating fire equally through prevention and suppression and is equally committed to increasing the prevention effort. NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View categorically supports the efforts of its fire department, the Spring Lake Park Fire Department, Inc. , to obtain legislation enabling the department to employ volunteer firefighters who perform prevention duties as a primary responsibility and receive, among other things, compensation in the form of a volunteer firefighter's pension. AWN RESOLUTION NO. 4864 PAGE TWO OF TWO Adopted this 11th day of December, 1995. ATTEST: Mayor (SEAL) Interim City Administrator AM REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 95-1551C • 1NDS Report Number: Report Date: 12-06-95 STAFF REPORT ;: Council Action: O Special Order of Business December 11, 1995 ❑ Public Hearings CITY COUNCIL MEETING DATE O Consent Agenda ❑ Council Business Itemescn n: onspiaeration of Ordinance No. 569 Rezoning a Portion of Lots 10 and 11, Spring Lake Park Knolls Addition Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. tion/Summary fattact_supplement-sheets-as-aecessar30 FUMMARY; At the November 27, 1995 City Council meeting, Ordinance No. 569 rezoning a portion of Lots 10 and 11 Spring Lake Park Knolls Addition was formally introduced by the Council. The Ordinance, if adopted, would rezone the property from R-1, Single Family to R-2, Single and Two Family Residential. For review: Larry Beach has made application for a Rezoning of a portion of the property located at 2801/2809 Bronson Drive (please see attached map) . Specifically, the applicant is requesting that the northernmost 225 feet of Lots 10 and 11 of Spring Lake Park Knolls `Addition be rezoned from its current designation of R-1, Single Family Residential, to R-2, Single and Two Family Residential. The request, if approved, would allow the development of the property as owner-occupied twinhomes. The remaining portions of the two lots would stay R-1. • / ' 4 r < / 7 Paul Harrington, IpEerim City Administrator j3ECOMMENDATION; STAFF REPORT PAGE TWO DECEMBER 11, 1995 Chapter 1125. 01 Subdivision 1 (e) of the Mounds View Municipal Code identifies those factors upon which the City Council should base its decision relative to any rezoning request. Those factors, and an analysis of their relevance, are as follows: 1) Relationship to Municipal Comprehensive Plan The Comprehensive Plan in its current form identifies these parcels as low density residential. The R-2 zoning classification falls within the parameters of low density and would therefore be consistent with the direction of the Plan. 2) Geographical area involved The parcels are bounded on the South and East sides by Bronson Drive and Silver Lake Road. To the North is additional R-2 property and, to the West is Single Family. 3) Whether such use will tend to or actually depreciate the area in which it is proposed The applicant has constructed similar twinhomes immediately north of the proposed rezoning location. The values of those properties (in excess of $160, 000 per unit) leads to a positive impact on the area. In addition, the relatively high cost of the units discourages the opportunity for the properties to become rentals. 4) The character of the surrounding area The overall land use in the vicinity of the subject property is overwhelmingly residential in nature. 5) The demonstrated need for such use Staff has received a number of positive comments regarding the quality of the structures the applicant has put up in other areas of the community. The need for low maintenance, quality owner occupied housing has been an issue Staff has heard from a number of residents in the past. The target market for the units is seniors who no longer desire to maintain a large lot. The Ordinance is provided at this time for consideration of final adoption. ORDINANCE NO. 569 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING APPENDIX A ENTITLED "SPECIFIC REZONINGS" The Council of the City of Mounds View does hereby ordain: sECTION I� p„rsuant-to—C-hapte 1-1-2-s,the off-jc±aloun-d-s View Zoning Map is hereby amended to reflect the following rezoning: The property legally described below shall be rezoned from R-1, Single Family Residential to R-2, Single and Two Family Residential: The North 225 feet of Lots 10 and 11, Spring Lake Park Knolls, Ramsey County, MN SECTION II. This Ordinance shall take effect thirty (30) days after its publication. Read by the City Council of the City of Mounds View this day of , 1995. Read and passed by the City Council of the City of Mounds View this day of , 1995. ATTEST: Mayor (SEAL) Interim City Administrator APPROVED AS TO FORM: • City Attorney SITE PI-4N For: LARRY BEACH � North line of Lot 11-- 208.6 ,-North line of Lot 10 / 104.3 f —4--• — -4-.71—104.3 PARCEL A ,, o e��� It 3 `� '99e 110 15.645 sq. ft. 4eR` 4. 10 I Ji�`1 r- 40.33- 43.83 on 40.33 I yF I n N °9e 8. 3deckf � 25 - ��l°� L . 12 - e',4 .4,-- Proposed DIVISION LINE Proposed --/ I Gar. r • �_/ 208.6 8 1-7_ . - 54.66 "/2"._ 55 I PARCEL D Gar. M TownhouseL 10,430 sq. ft. ? ouu 20 r _� 12 NORTH I -- 43.83 -' C �I da<k'� __ c,L. N — — — 110 Q 0 - PROPOSED DIVISION LINE L _� ,_J 94 L. _t 208.x- ' d ul 0 3 PARCEL C r-- 40.33 1 -1 25 I 19.-430-sq. t. .1:d' --- 43.83 - - L_ _ , _ 12 ? t,' to I 111■tl 1 to / �-- PROPOSED DIVISION LINE Proposed i Gar. r r1- `1 2086 8 �F 7,7: � 54.661 _T $5— 4 CO I PARCEL D : Gar. 2. I "' A • 10,430 sq. ft. $Townhouses IL 20 O 2 O U) 111 I ,=i I r— - -- A V I dank'i' - 43.83 40.33 I 110 -j-PROPOSED DIVISION LINE L _o _ — — J .4., l ___t 2II$T> — — — \ __i 104.3 0 104,3 0 to 5 ---+ �51-. _5`O __ 7 I I5 °•0O 0 IM 9° vf2iy P o PARCEL E u I , 005%,,,_+-/ - 'f 13.455 sq. ft. - I I' PARCEL P "I O m Cr' lJ `��o,•'0 �' N 13,455 s qft. // 9e is l 13 a 01 los e%'fC; 5 INI3 1 n � 55I Sao 5 - - - - �J 1\ 1 So'oH. 104.3 0 p 104.3 . I i 208.6 N South line of Lot 11--'� -South line of Lot 10 SRONSON DR I VE DESCRIPTION OF EXISTING PROPERTY Lots 10 and 11, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota. DESCRIPTIONS OF PROPOSED PARCELS PARCEL A: The north 75 feet of Lots 10 and 11, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota. Subject to drainage and utility easements over the north 5 feet, east 10 feet and west 25 feet thereof PARCEL 6•' The south 50 feet of the north 125 feet of Lots 10 and 11, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota. Subject to drainage and utility easements over the south 5 feet, east 10 feet and west 25 feet thereof PARCEL C: The south 50 feet of the north 175 feet of Lots 10 and 11, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota. Subject to drainage and utility easements over the north 5 feet, east 10 feet and west 25 feet thereof. PARCEL 0: The south 50 feet of the north 225 feet of Lots 10 and 11, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota. Subject to drainage and utility easements over the south 5 feet, east 10 feet and west 25 feet thereof. PARCEL E: All that port of Lot 77, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota, lying south of the north 225 feet thereof Subject to drainage and utility easements over the north and south 10 feet and over the east and west 5 feet thereof PARCEL F.• Al/ that part of Lot 10, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota, lying south of the north 225 feet thereof Subject to drainage and utility easements over the north, south and east 10 feet and over the west 5 feet thereof Revised 12/6/95 (easements added) Scale: 1"-.-- -10' I Drawn Bv. MB I Book Pope J Disk: 3 1 Job No. 95539LS / hereby certify that this plan, survey or report was prepared by me or under my $C7•R�11D SONS, INC. dire-Ct supervision and that l am a duly Registered Lgq((i�d Surveyor under the lows LAND SURVEYORS of !fie SW of 16;o r ti6`. Dated thisv;/h day ofl.kr' - 1925-. 9180 LEXINGTON AVE.NO. / // -\;-./..,-^,... /76,5 CIRCLE PINES,MINNESOTA 66014-362S '`- I •l x �,r� License No. TEL,166-5666 FAX 166-6001 V Agenda Section: 11.E. ,0,706 REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-1553C STAFF REPORT Report Date: 19-07-95 ,24'• Council Action: 0 Special Order of Business CITY COUNCIL MEETING DATE December 11, 1995 0 Public Hearings 0 Consent Agenda Council Business Item Description: Discussion of Proposed Highway 610 Toll Road and Old Highway 8 Reconstruction Plans Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as n cssary.) SUMMARY; As requested by the Council at the December 4, 1995 Work Session, I have put these issues on the agenda in order to make residents aware of both proposals. Following a brief report by Staff, a Public Informational meeting should be scheduled for January 22, 1996 to discuss the issues in an open forum with representatives of non-city agencies involved in the two projects in attendance. Paul Harrington, Int-• im City Administrator RECOMMENDATION; By motion, set a public informational meeting for January 22 , 1996 to discuss 610 toll road and Old Highway 8 reconstruction issues. fl 13 City of Mounds View, Minnesota Pride • Progress • Partnerships (logo) City Administrator Position Profile City of Mounds View, Minnesota City Administrator Position Profile The Community The City of Mounds View offers a quiet home town atmosphere within a short distance of the hustle and bustle of the Twin Cities. Awarded the distinction of "Tree City U.S.A." for the past dozen years, the beauty of Mounds View is enhanced by the large oak trees and mixed green canopy of many varieties of trees to be found throughout the City. The community is located in northern Ramsey County approximately eight miles north of St. Paul and encompasses an area of approximately 4.25 square miles. Over the past 25 years the City has experienced moderate growth and has a current population of 13,000. Long known as a bedroom community, Mounds View is approximately 95% developed with the majority of land used for single family housing. There are over 150 businesses located in Mounds View, mainly in four commercial and industrial park locations. The City's major employers include Sysco, a food products manufacturer with 470 employees; Multi-Tech Systems, Inc., a computer electronics firm with 360 employees; and the Mermaid Supper Club with over 100 employees. Other prominent businesses include Tyson Company, Liberty Check Printers, Hyman Freightways, and Bauer Welding and Metal Fabrication. HISTORY The Township of Mounds View was established in Ramsey County on May 11, 1858, the same day Minnesota became a state. Early residents were loggers, mill hands, trappers, and farmers. In the northwest corner of the township rose hills of sand and gravel high enough to be seen throughout the township and from much of Anoka County. Today, the mounds that gave the town its name are nearly gone due to natural erosion and the thousands of loads of sand and gravel that were removed to support a small arms arsenal during World War II. The population of Mounds View remained stable until the late 1930's when developers realized the possibilities for suburban housing. By the 1950's the township began to change as large portions of land were annexed to surrounding communities. Over 6,000 acres were released to form the Village of Arden Hills. In 1958 Mounds View Township became a village and, under State legislation, became the City of Mounds View in 1973. SCHOOLS Independent School District #621 encompasses the Cities of Mounds View, Shoreview, Arden Hills, New Brighton, and portions of Vadnais Heights and Roseville. Approximately 11,000 students are enrolled in the district which is comprised of two high schools, three middle schools, and eight elementary schools. Schools within Mounds View include two elementary schools, a middle school, and a senior high school. In addition, a number of parochial schools serving grades K-12 are located in and around the City of Mounds View. The School District has won numerous state and national awards for both academia and teacher quality. Irondale High School in Mounds View was awarded the "Blue Ribbon School of Excellence" in 1993 by the US Secretary of-Education. er leges and universities and 50 nical and business schools are located within 10-15 miles of Mounds View and over 80% of the City's high school graduates attend post-secondary education. PARKS AND RECREATION/COMMUNITY EVENTS There are nine parks in the City of Mounds View offering residents and visitors a diverse array of recreation facilities. The Parks, Recreation, and Forestry Department is in charge of year-round recreational programming and activities including youth and adult athletics, swimming and gymnastic instruction, senior adult activities, afterschool programming, pre-school activities, and special interest classes. Partnerships with three area schools provide additional athletic fields and playgrounds to serve the community. "The Bridges" Golf Course held its grand opening in the spring of 1995 as an executive length 32 par course with a 43 station practice range. The nine hole course features a series of bridges spanning both water and beautiful natural wetland areas. The practice range is designed with sand traps and distance targets to simulate course strokes. Each year the City of Mounds View celebrates Festival in the Park. The summer event is planned by residents organizations, businesses, churches, and schools. Activities include a parade, musical entertainment, children's games, a craft fair, athletic tournaments, and food concessions. Through the partnership of the City, School District, and area businesses, the Mounds View Community Theatre puts on a high caliber musical production each year. CITY SERVICES The City of Mounds View currently employs 38 full-time individuals and has a total budget of$4.8 million with a $2.7 million general fund budget. The City operates water, sewer, and street light utilities. Six wells are maintained with a combined capacity of approximately 12 million gpd. The average demand is 1.2 million mgd and the water storage capacity is 2.5 million gallons. Wastewater treatment is provided by the Metropolitan Waste Control Commission. Refuse collection is provided privately. Through a joint powers agreement, Mounds View and the communities of Blaine and Spring Lake Park are served by a volunteer Fire Department. A full-time Fire Chief maintains liaison with the three municipalities. The City's fire insurance rating is Class 4. Local and regional news is provided by two newspapers, one published by the City of Mounds View. Community access programming is available on Cable TV. Medical services are available in the nearby communities of Fridley and Coon Rapids. The Organization The City of Mounds View operates under a modified weak Mayor-Council form of government directed by a Home Rule Charter. The Mayoral term is two years and four Councilmembers are elected to four year overlapping terms on an at-large basis. Independent Boards created by the Council include a 15-member Charter Commission, Parks & Recreation Commission, Economic Development Commission, Planning Commission, and Police Civil Service Commission. (insert organizational chart) The Position The City Administrator assists the Council in the development of public policy. The City Administrator develops and implements programs, work plans, and a budget which advances the Council's policies with the assistance of Department Heads and staff. Under Council direction, the City Administrator plans, directs, and evaluates the delivery of municipal services and manages the collaborative personnel system for all City employees. Specific duties include: * Keep Council updated on a monthly basis on the progress of work plans and the financial condition of municipal accounts. * Supervise the Department Head team and administrative staff. * Establish a good working relationship with clear, respectful communications with citizens, businesses, commissions, consultants, and political subdivisions. * Perform or delegate all duties required of a City Clerk by ensuring compliance with laws and regulations. * Oversee the City's purchasing function to ensure the procurement of supplies, materials, and services. Background and Experience Candidates for the position of City Administrator should possess a B.A. (Master's preferred) degree in Public Administration or Business Administration or a related field and 5-7 years relevant experience. The ideal candidate will have: * Overall experience and knowledge of a municipal operation with some experience operating a for-profit municipal enterprise. * Experience in economic development and redevelopment projects including an understanding of funding options such as Tax Increment Financing and Community Development Block Grants. * A strong financial background with an understanding of program budgeting. * Personnel experience to include union negotiations and performance audits. * An understanding of the need for joint powers agreements and how to establish agreements. * A good professional network in the metropolitan area and statewide. * Knowledge of the special assessment process as it relates to construction. * Some planning and zoning experience. * Experience in rehabilitating existing housing. * An inclination towards computer usage and general knowledge of computer systems. Management Capabilities * Be willing to make strong recommendations to the Council to assist them in their policy making role while recognizing that final decisions are made by them. * Be diplomatic in handling disagreements. Be willing to work with Councilmembers individually. * Err on the side of delivering information to the Council. Let Council know what is happening. * Establish an effective communication system with—staff-and-be-supportive-of their ideas and efforts. * Allow and encourage Department Heads to take an active role in managing the organization. Be accessible to Department Heads. * Maintain a sense of humor and flexibility in the position. Be personable and friendly. * Be aware of deadlines and completion of assignments. Follow through on decisions. * Take a broad, creative approach in looking at problems and remain open to new ideas. Position Priorities * Implement an economic development program with an emphasis on: - Redevelopment of the Hwy. 10 business corridor. Step up efforts to attract new business and create a supportive and positive relationship with existing businesses. Develop design standards, land purchase policies, and roadway construction phasing as part of the redevelopment plan. - Create a Housing Rehabilitation Program. Examine funding possibilities and develop an orderly plan of action. Address manufactured home park and multi- family housing issues. * Make improvements in the areas of infrastructure maintenance and capital improvements. Institute a Pavement Management System and create a Utility Replacement Program. * Evaluate the staffing needs and management structure of the Finance Department. * Examine the need for an addition to the Public Works garage. * Promote an active business retention program working with the local Chamber of Commerce. * Continue the established schedule of strategic planning. * Implement recently enacted: - Special Assessment Policy - Inspection Program * Develop programs to enhance neighborhood appearance and promote community spirit. * Collaborate with the School District on building an addition for classes and recreation purposes. Announcement City Administrator, Mounds View, Minnesota (pop. 13,000). Starting salary $60,000 to $68,000. Position reports to Mayor (two-year term) and four Councilmembers (four- year terms) and is responsible for supervising a staff of 40 full-time employees and a general fund budget of$2.7 million. Services include police, public works, parks and recreation, finance/administration, and a joint powers fire department with two adjacent communities. Qualified candidates should have a B.A. degree in public administration or related field and a minimum of 5-7 years experience in a responsible management position. Requires experience and knowledge of municipal government as it relates to development and redevelopment, personnel issues and union negotiations, housing rehabilitation, and good finance and budget knowledge including computer skills. Position Profile available. Send resume by January 19, 1996 to: James L. Brimeyer, President The Brimeyer Group Executive Search 904 Mainstreet, Suite 205 Hopkins, MN 55343 (612) 945-0246 Timetable 1/19/96 Deadline for Application 2/19/96 Progress Report 3/8 to 3/9/96 Interviews, Selection April, 1996 Start Date REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 11.A. ONJ�D� STAFF REPORT Report Number: 95-1549C CITY COUNCIL MEETING December 11, 1995 Report Date: 12-06-95 DISPOSITION Item Description: BRW contract for design and inspection services for the pedestrian bridge. Administrator's Review/Recommendation: - No comments to supplement this report Wig- - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Staff has received the BRW contract for design and inspection services for the Pedestrian Bridge. The contract is attached for City Council review. Mayor Linke and Acting Administrator Harrington are authorized to sign the contract according to Resolution #4842 . Mary Saarion, sire;z or of Parks, Recre ion and Forestry RECOMMENDATION; Transmittal I3 RW B R W INC. DATE: November 30., 1995 TO: Mary Saarion, Director Parka,_Re_creation_&_Eorestry City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 FROM: Sabri Ayaz Planning SUBJECT: Pedestrian Bridge Over TH 10 Transportation Engineering Urban Design ITEM NO. ITEM DESCRIPTION Thresher Square 2 Copies of Contract 700 Third Street So. Minneapolis, MN 55415 612/370-0700 Fax 612/370-1378 Denver PURPOSE: Milwaukee Minneapolis _ as you requested _ review and return Orlando _ for your information _ reply to sender Phoenix _ for your approval x other(see remarks) San Diego Seattle REMARKS: Please review the proposed contract. If you agree with the terms of the contract, please sign both copies and return one of the copies to BRW. Please call me at 373-6484 if you have any questions. SAJsb Enclosures File 195A0 Sent Via Mail BRW Project# Page 1 BRW,INC. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES (Adapted from EJCDC Document 1910-1) THIS IS AN AGREEMENT made as of 1st day of November, 1995, between City of Mounds View, a Minnesota municipal corporation ("OWNER") with an office at 2410 Highway 10, Mounds View, MN, 55112 and BRW, Inc., also known as BRW Planning, Transportation and Engineering, Inc., a Wyoming corporation ("ENGINEER") with an office at 700 Third Street South, Minneapolis, MN, 55415. OWNER intends to construct a Pedestrian Bridge over THIO (the "Project"). OWNER and ENGINEER in consideration of their mutual covenants herein agree that the ENGINEER will furnish professional engineering services with respect to the Project and the OWNER will pay for those services, all as set forth below. Execution-of-this-Agree-rent by-ENGINEER-and-OW"`ER-constitutes-OW I£-'s-written-authorizationo ENGINEER to proceed on the date first above written with the first phase of the Basic Services described in Section 2 below and as further set forth in the Scope of Work and Schedule attached as("Exhibit A") and in the other exhibits listed in Section 9 below. This Agreement will become effective on the date first above written. SECTION 1 - GENERAL 1.1 Standard of Care ENGINEER shall perform for or furnish to OWNER professional engineering and related services in all phases of the Project to which this Agreement applies as hereinafter provided. ENGINEER shall serve as OWNER's prime design professional and engineering representative for the Project providing professional engineering consultation and advice with respect thereto. ENGINEER may employ such ENGINEER's Consultants as ENGINEER deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. ENGINEER shall not be required to employ any ENGINEER's Consultant unacceptable to ENGINEER. The standard of care for all professional services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar conditions at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. 1.2 Coordination with Other Documents It is the intention of the parties that the Standard General Conditions will be used as the General Conditions for the Project and that all amendments thereof and supplements thereto will be generally consistent therewith. Except as otherwise defined herein, the terms which have an initial capital letter in this Agreement and are defined in the Standard General Conditions will be used in this Agreement as defined in the Standard General Conditions. The term "defective" will be used in this Agreement as defined in the Standard General Conditions. 1.3 Definitions Wherever used in this Agreement the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.3.1 Additional Services. Additional Services means the services to be performed for or furnished to OWNER by ENGINEER described in Section 3 of this Agreement. 1.3.2 Agreement. Agreement means this Standard Form of Agreement between OWNER and ENGINEER for Professional Services including those exhibits listed in Section 9 of this Agreement. 1.3.3 Basic Services. Basic Services means the services to be performed for or furnished to OWNER by ENGINEER described in Exhibit A and Section 2 of this Agreement. 1.3.4 Construction Cost. Construction Cost means the total cost to OWNER of those portions of the entire Project designed or specified by ENGINEER. Construction Cost does not include ENGINEER's compensation and expenses,the cost MOUNDSV.JH Rev. November 21, 1995 Page 2 of land, rights-of-way, or compensation for or damages to properties, or OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER pursuant to Section 4 of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 1.3.5 Contractor. Contractor means the person or entity with whom OWNER enters into a written agreement covering construction work to be performed or furnished with respect to the Project. 1.3.6 ENGINEER's Consultant. ENGINEER's Consultant means a person or entity having a contract with ENGINEER to perform or furnish Basic or Additional Services as ENGINEER's independent professional associate or consultant engaged directly on the Project. 1.3.7 Reimbursable Expenses. Reimbursable Expenses means the expenses incurred directly in connection with the performance or furnishing of Basic and Additional Services for the Project for which OWNER shall pay ENGINEER as indicated in Section 6, below. Reimbursable expenses include but are not limited to: consultant fees, expense of transportation, parking, meals, postage, including special delivery fees, zoning application fees, inspection fees, permit fees, and charges for blueprints and reprod ion. The amount payabl Reimbursable Expenses will—be the charge actually incurred by or the imputed cost allocated by ENGINEER therefor. 1.3.8 Resident Project Representative. This Section is deliberately left blank. 1.3.9 Standard General Conditions. Standard General Conditions means the Standard General Conditions of the Construction Contract (No. 1910-8) (1990 Edition) of the Engineers Joint Contract Documents Committee. 1.3.10 Total Project Costs. Total Project Costs means the sum of the Construction Cost, allowances for contingencies, the total costs of design professional and related services provided by ENGINEER and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others to OWNER under paragraphs 4.4, 4.5 and 4.7 through 4.14, inclusive. 1.3.11 Direct Labor Cost. Direct Labor Cost means salaries and wages(basic,premium and incentive)paid to ENGINEER's personnel,but does not include indirect payroll related to costs or fringe benefits. Direct Labor Cost will be adjusted annually and equitably to reflect changes in various elements that comprise such Direct Labor Cost. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices and procedures. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Basic Services under this Agreement consist of those tasks described in Exhibit A, Scope of Work, attached hereto and incorporated herein. 2.2 Construction Phase services as provided in Exhibit A shall be subject to the following terms and conditions: 2.2.1 Visits to Site and Observation of Construction. In connection with observations of the work of Contractor while it is in progress: 2.2.1.1 ENGINEER shall make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor's work. Such visits and observations by ENGINEER are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve detailed inspections of the work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling and similar methods of general observation of the work based on ENGINEER's exercise of professional judgment. Based on information obtained during such visits and such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in.accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work. The responsibilities of ENGINEER contained in this paragraph are expressly subject to the limitations set forth in the next paragraph and other express or general limitations in this Agreement and elsewhere. 2.2.1.2 The purpose of ENGINEER's visits to the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for OWNER a MOUNDSV.JH Rev. November 21, 1995 Page 3 greater degree of confidence that the completed work of Contractor will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. On the other hand, ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct or have control over Contractor's work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 2.3 Defective Work. During such visits and on the basis of such observations, ENGINEER shall have authority to disapprove of or reject Contractor's work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 2.4 Clarifications and Interpretations;Fled Or ers. ENGINEER shll-issue necessary clarifications and-interpretations of the Contract Documents as appropriate to the orderly completion of the work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 2.5 Change Orders and Work Change Directives. ENGINEER shall recommend Change Orders and Work Change Directives to OWNER as appropriate, and shall prepare Change Orders and Work Change Directives as required. 2.6 Shop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 2.7 Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor. 2.8 Inspections and Tests. ENGINEER may require special inspections or tests of the work, and shall receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents. ENGINEER's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. 2.9 Disagreements between OWNER and Contractor. ENGINEER shall render the initial decisions on all claims of OWNER and Contractor relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. In rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 2.10 Applications for Payment. Based on ENGINEER's on-site observations as an experienced and qualified design professional and on review of Applications for Payment and the accompanying data and schedules: 2.10.1 ENGINEER shall determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such observations and review, that, to the best of ENGINEER's knowledge, information and belief, the work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the work. In the case of unit price work, ENGINEER's recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of ENGINEER contained in this paragraph are expressly subject to the limitations set forth in the next paragraph and other express or general limitations in this Agreement and elsewhere. MOUNDSV.JH Rev. November 21, 1995 Page 4 2.10.2 By recommending any payment ENGINEER shall not thereby be deemed to have represented that on-site observations made by ENGINEER to check the quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of the work in progress, or involved detailed inspections of the work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's review of Contractor's work for the purposes of recommending payments nor ENGINEER's recommendation of any payment(including final payment) will impose on ENGINEER responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any liens, claims, security interests or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 2.11 Contractor's Completion Documents. ENGINEER shall receive, review and transmit to owner with written comments maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, and marked-up record documents (including Shop Drawings, Samples and other data and marked-up record Drawings) which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. ENGINEER's review of such documents will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 2.12 Substantial Completion. Following notice from Contractor that Contractor considers the entire work ready for its intended use, ENGINEER and OWNER, accompanied by Contractor, shall conduct an inspection to determine if the work is substantially complete. If after considering any objections of OWNER, ENGINEER considers the work substantially complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and Contractor. 2.13 Final Notice of Acceptability of the Work. ENGINEER shall conduct a final inspection to determine if the completed work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice in the form attached hereto as Exhibit C (the "Notice of Acceptability of Work") that the work is acceptable to the best of ENGINEER's knowledge, information and belief and based on the extent of the services performed and furnished by ENGINEER under this Agreement. 2.14 Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any subcontractor, any supplier, or of any other person or organization performing or furnishing any of the work. ENGINEER shall not be responsible for Contractor's failure to perform or furnish the work in accordance with the Contract Documents. SECTION 3 - ADDITIONAL SERVICES OF ENGINEER 3.1 Additional Services Requiring Authorization in Advance If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services not included in Exhibit A for compensation to be negotiated between the parties. SECTION 4- OWNER'S RESPONSIBILITIES Except as otherwise provided in Exhibit A, OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER and shall bear all costs incident thereto: 4.1 OWNER's representative with respect to the services to be performed or furnished by ENGINEER under this Agreement is hereby designated as Mary Saarion. Said person will have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. 4.2 OWNER agrees to provide ENGINEER with all known information, conditions, standards, criteria and objectives which affect the services, and ENGINEER shall be able to rely on the accuracy of such information. 4.3 OWNER agrees to provide ENGINEER with access to the site, if necessary to complete ENGINEER's services. MOUNDSV.JH Rev. November 21, 1995 Page 5 4.4 OWNER will examine all studies, reports, sketches, drafts or other documents prepared by ENGINEER for OWNER's review in a timely manner, and generally render decisions and provide information in such a manner as to prevent delay of the services. 4.5 OWNER shall be responsible for informing ENGINEER of the presence of any hazardous or potentially hazardous materials on the site. Under no circumstances shall ENGINEER be responsible for the release, handling, treatment, storage or disposal of hazardous materials, and OWNER shall indemnify ENGINEER for any claims related to the services that may arise out of the presence of hazardous materials. 4.6 ENGINEER is to provide subsurface services by a geotechnical subcontractor for the Project and the following terms apply to both ENGINEER and said subcontractor: 4.6.1 It is necessary that borings, excavations and other penetrations be located such that they maintain a minimum safe distance from underground utilities or other man-made improvements. OWNER shall advise ENGINEER of all utilities that service or are located on the site, as well as any underground improvements located on the site. ENGINEER will contact state notification centers, where available, or individual utility owners where a state notification center is not available, prior to drilling. 4.6.2 Public utility owners may not provide the locating service on private property. In such.situations, OWNER is responsible for location of such utilities prior to drilling. 4.6.3 The property owner may have private underground improvements which cannot be cleared through the state notification center or public utility owners. The OWNER is responsible for location of these improvements. 4.6.4 ENGINEER will not be responsible for any damages to "non-located" or incorrectly located underground utilities or other man-made improvements. 4.6.5 OWNER acknowledges and accepts that unavoidable contamination risks may be associated with ENGINEER's subsurface drilling, sampling and installation of monitoring devices. Risks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. OWNER and ENGINEER agree that the discovery of unanticipated actual or suspected hazardous materials may make it necessary for ENGINEER to take immediate measures to protect human health and safety, and/or the environment. OWNER and ENGINEER also agree that the discovery of such materials constitutes a changed condition which may result in added costs to OWNER, and may require a renegotiation of work scope or termination of services. 4.6.6 OWNER agrees to hold harmless and indemnify ENGINEER from and against liability associated with contamination. 4.6.7 Equipment lost in bore holes may be required to be retrieved or properly abandoned by government agencies. OWNER agrees to pay ENGINEER all costs related to retrieving and/or abandoning such equipment at ENGINEER's prices, unless agreed otherwise. 4.6.8 OWNER recognizes that unavoidable risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive sampling and testing program performed in accordance with a professional standard of care may fail to detect certain conditions, because they are hidden. For similar reasons, actual environmental, geologic and geotechnical conditions that ENGINEER characterizes to exist between sampling points may differ significantly from those that actually exist. The passage of time must also be considered, and OWNER recognizes that, due to natural occurrences or direct or indirect human activities at the site or distant from it, actual conditions discovered may change. OWNER recognizes that nothing can be done to eliminate the risks associated with these limitations. SECTION 5 - TIMES FOR RENDERING SERVICES 5.1 ENGINEER's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase and in accordance with the Project Schedule contained within Exhibit A. MOUNDSV.JH Rev. November 21, 1995 Page 6 5.2 If the Project Schedule is exceeded through no fault of ENGINEER, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If OWNER has requested changes in the scope, extent or character of the Project, the time of performance of ENGINEER's services shall be adjusted equitably. SECTION 6 - PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES 6.1 Methods of Payment for Services and Expenses of ENGINEER Payment to ENGINEER by OWNER for the Services listed in Exhibit A, shall be by the payment method described in Exhibit B, "Fees". 6.2 For Basic Services. OWNER shall pay ENGINEER for Basic Services performed or furnished under Section 2 on the basis of Percent Complete of Lump Sum as described above. 6.3 For Additional Services. OWNER shall pay ENGINEER for Additional Services performed or furnished under Section 3 as negotiated between the parties and described in an Addenda to this Agreement. 6.7 Other-Provisi trs Colrcerning Payments 6.7.1 Preparation of Invoices. Invoices for Basic and Additional Services and Reimbursable Expenses will be prepared in accordance with ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER at least monthly. The amount billed for Basic Services and Additional Services in each invoice will be calculated on the basis set forth in Exhibit B. Invoices are due and payable on receipt. 6.7.2 Unpaid Invoices. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate of 1.5% per month (or the maximum rate of interest permitted by law, if less)from said thirtieth day; and, in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. Payments will be credited first to interest and then to principal. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. 6.7.3 In the event this Agreement is terminated prior to completion, Client shall pay BRW all fees and reimbursable expenses incurred up to the date of termination. 6.8 Records of ENGINEER's Costs. Records of ENGINEER's costs pertinent to ENGINEER's compensation under this Agreement will be kept in accordance with generally accepted accounting practices. Copies will be made available to OWNER at cost on request prior to final payment for ENGINEER's services. SECTION 7 - GENERAL CONSIDERATIONS 7.1 Termination This Agreement may be terminated in writing by either party upon seven days written notice. 7.2 Reuse of Documents Documents, diagrams, sketches, surveys, computer files, working drawings, and any other materials created or prepared by ENGINEER as part of its performance of this Agreement (the "Work Products") are instruments of ENGINEER's service for use solely with respect to this Project, and ENGINEER shall retain ownership rights, including copyright. OWNER shall retain copies and may use such Work Products in connection with its use of the Project. However, OWNER agrees not to alter the Work Products and not to use the Work Products for any purpose or project other than that intended by this Agreement. 7.3 Electronic Media 7.3.1 OWNER understands that any Work Products prepared or provided on electronic media have a limited duration and require use of compatible software and hardware which may become unavailable over a period of time. When requested by OWNER,ENGINEER shall provide relevant analyses,findings and reports in"hard"copy,and in electronic form,where the Project necessitates the use of CADD materials. The parties agree that the"hard"copy shall govern in the case of a discrepancy between the two versions,and shall be held as the official set of drawings,as signed and sealed. 7.3.2 The OWNER shall be afforded a period of thirty(30)days in which to check the hard copy against the electronic media. In the event that an error or inconsistency is found as a result of this process,the ENGINEER shall be advised and the inconsistency shall be corrected at no additional cost to the OWNER. Following the expiration of this thirty-day period,the OWNER shall bear all responsibility for the care,custody and control of the electronic media. In addition,the OWNER MOUNDSV.JH Rev. November 21, 1995 Page 7 represents that it shall retain the necessary mechanisms to read the electronic media,which the OWNER acknowledges to be of only limited duration. All title blocks and the engineer's seal,if applicable,shall be removed if and when the OWNER provides the subject CADD drawings/electronic media to any other entity. The OWNER agrees not to alter any such information provided by ENGINEER,nor shall it use such information for any purpose or project other than that intended by this Agreement. 7.4 Insurance 7.4.1 ENGINEER shall procure and maintain insurance as set forth in 8.4.2,for protection from claims under workers' compensation acts,claims for damages because of bodily injury including personal injury,sickness or disease or death of any and all employees or of any person other than such employees,and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. ENGINEER shall list OWNER as an additional insured on ENGINEER's general liability insurance policy. 7.4.2 7.4.2.1 Workers'Compensation in Statutory amount and Employer's Liability$500,000 Each Occurrence,$500,000 Aggregate 7.4.2.2 General Liabili_tyin_General Aggregate_of$1,00D,000_with_Each_Occurrence(Bodily-Injury-and Property Damage)of$1,000,000 7.4.2.3 Excess Umbrella Liability for Each Occurrence$3,000,000,in the Aggregate$3,000,000 7.4.2.4 Automobile Liability in Combined Single Limit(Bodily Injury and Property Damage)for Each Accident, $1,000,000 7.4.2.5 Professional Liability Claims Made Form in Combined Single Limit of$1,000,000 7.4.3 OWNER shall require Contractor to purchase and maintain general liability and other insurance as specified in the Contract Documents and to list ENGINEER and ENGINEER's Consultants as additional insureds with respect to such liability, property and other insurance purchased and maintained by Contractor. 7.4.4 At any time OWNER may request that ENGINEER,at OWNER's sole expense,provide additional insurance coverage, different limits or revised deductibles in excess of those specified above. If so requested by OWNER,and if commercially available,ENGINEER shall obtain and shall require ENGINEER's Consultants to obtain such additional insurance coverage, different limits or revised deductibles,for such periods of time as requested by OWNER,at OWNER's sole expense,and this Agreement will be supplemented to incorporate these requirements. 7.5 Controlling Law This Agreement is to be governed by the law of the State of Minnesota. 7.6 Successors and Assigns 7.6.1 Neither party may assign this Agreement without the written consent of the other party, but BRW may enter into subcontracts for portions of the work upon notice to Client. 7.6.2 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of any third party. 7.7 Dispute Resolution OWNER and ENGINEER agree to negotiate in good faith for a period of thirty days from the date of notice of all disputes between them prior to exercising their rights under other provisions of this Agreement,or under law. The parties agree that all disputes remaining unresolved after thirty days will be submitted to a mutually agreeable neutral mediator,as a condition precedent to litigation or other remedies provided by law. The fee and costs of the mediator shall be apportioned equally between the parties. 7.8 Allocation of Risks--Indemnification 7.8.1 Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful actions or omissions of the other party,employees,agents or contractors performing under this Agreement,and each party shall indemnify, defend,and save harmless the other party from such damages or liability caused by the party at fault. Neither party will be liable to the other for special, incidental , consequential or punitive losses or damages, including but not limited to damages MOUNDSV.JH Rev. November 21, 1995 Page 8 resulting from delay, loss of use, loss of profits or revenue, or cost of capital. Neither party will be liable to the other unless suit is commenced within two years of the date of loss or injury, or within two years after the completion of services, whichever is earlier. Client agrees to notify BRW of any claimed negligent act, error or omission within thirty days of the date of its discovery and to provide BRW with the opportunity to investigate and to recommend ways of mitigating damages as a condition precedent to litigation or other remedies provided by law. 7.8.2 In addition to the indemnity provided under paragraph 7.8.1 of this Agreement,and to the fullest extent permitted by law,OWNER shall indemnify and hold harmless ENGINEER and its officers,directors,partners,employees,and agents and ENGINEER's Consultants from and against all claims,costs,losses,and damages(including but not limited to all fees and charges of engineers,architects,attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by,arising out of or relating to the presence,discharge,release,or escape of Asbestos,PCBs,Petroleum,Hazardous Waste,or Radioactive Material at,on,under or from the Project site. 7.8.3 To the fullest extent permitted by law,and notwithstanding any other provision of this Agreement,the total liability,in the aggregate,of ENGINEER and ENGINEER's officers,directors,partners,employees,agents and ENGINEER's Consultants, and any of them,to OWNER and anyone claiming by,through or under OWNER,for any and all claims,losses,costs or damages—whatsoever ai isirrg-out of,resulting froui ui in-any way relatedrto-the-Project-or the Agreeinentfrom-any-cause-or causes,including but not limited to the negligence,professional errors or omissions,strict liability or breach of contract or warranty express or implied of ENGINEER.or ENGINEER's officers,directors,partners,employees,agents or ENGINEER's Consultants or any of them,shall not exceed the total compensation received by ENGINEER under this Agreement. 7.9 Notices Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears on the first page to this Agreement (as modified in writing from time to time by such party) and given personally, by registered or certified mail, return receipt requested, by facsimile, or by a nationally recognized overnight courier service. All notices shall be effective upon the date of receipt. 7.10 Survival All express representations, indemnifications or limitations of liability made in or given in this Agreement will survive the completion of all services of ENGINEER under this Agreement or the termination of this Agreement for any reason. 7.11 Severability Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. SECTION 8 - SPECIAL PROVISIONS 8.1 Conflict of Interest. ENGINEER represents and agrees that ENGINEER has not employed any person to solicit or procure this Agreement,and has not made,and will not make,any payment or any agreement for payment of any commission, percentage,brokerage,contingent fees,or other compensation in connection with the procurement of this Agreement. ENGINEER further represents and agrees that he has not now and will not acquire any interest,direct or indirect,present or prospective,in any of the property subject to this Agreement,during the term of this Agreement. ENGINEER further represents that it has not employed,and will not employ in connection with work to be performed hereunder,any person having an interest, direct or indirect,in any of the property subject to this Agreement during the term of this Agreement. 8.2 Copyright or Patent Infringement. The 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 OWNER from loss or damage resulting therefrom,provided however,that the OWNER within five(5)days after receipt of any notice of infringement or of summons in any action therefor shall have forwarded the same to the ENGINEER in writing. 8.3 Conflict of Interest. ENGINEER represents and agrees that ENGINEER has not employed any person to solicit or procure this Agreement,and has not made.and will not make,any payment or any agreement for payment of any commission, percentage,brokerage,contingent fees,or other compensation in connection with the procurement of this Agreement. ENGINEER further represents and agrees that he has not now and will not acquire any interest,direct or indirect,present or prospective,in any of the property subject to this Agreement,during the term of this Agreement. ENGINEER further represents MOUNDSV.JH Rev. November 21, 1995 Page 9 that it has not employed,and will not employ in connection with work to be performed hereunder,any person having an interest, direct or indirect,in any of the property subject to this Agreement during the term of this Agreement. 8.4 Non-Discrimination. During the performance of the Agreement,the ENGINEER shall not unlawfully discriminate against any employee or applicant for employment because of race,color,creed,religion,ancestry,national origin,sex, affectional preference,disability,age(40-70),marital status or public assistance status. Such action shall include,but not be limited to the following: employment,upgrading,demotion or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The ENGINEER agrees to post in conspicuous places,available to employees and applicants for employment notices which set forth the provisions of this non-discrimination clause. The ENGINEER will,in all solicitations or advertisements for employees placed by or on behalf of the ENGINEER,state that all qualified applicants will receive consideration for employment without regard to race,creed,color,religion,sex,national origin,disability age(40-70),marital status,or public assistance status. The ENGINEER shall comply with any applicable Federal or State laws regarding non-discrimination. 8.5 Taxes. The OWNER shall be responsible for all state and local gross receipts,sales,use,value added or personal property taxes,however designated,or amounts in lieu of the above taxes paid or payable by ENGINEER including indemnification for any interest or penalty assessed against ENGINEER for these taxes through no fault of ENGINEER. 'The OWNER also agrees to furnish ENGINEER upon request,with any exemption certificates,proof 'payment or other documentation requested by ENGINEER. SECTION 9.0 - EXHIBITS 9.1 This Agreement is subject to the provisions of the following Exhibits which are attached to and made a part of the Agreement: 9.1.1 Exhibit A, "Scope of Work and Project Schedule", consisting of 5 pages. 9.1.2 Exhibit B, "Fees", consisting of one page. 9.1.3 Exhibit C, "Notice of Acceptability of Work", consisting of two pages. 9.2 This Agreement (consisting of pages 1 to 9 inclusive and the Exhibits identified above) constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first abo CITY OF MOUNDS VIEW BRW, INC. BY: =• 1 Title: Title: I 5, J MOUNDSV.JH Rev. November 21, 1995 This is Exhibit A, consisting of_pages, referred to in the Agreement Between Owner and Engineer for Professional Services, dated as of Initials: OWNER ENGINEER Scope of Work and Schedule • Task A- Bridge Type Study and Feasibility Study Report Task A1.0 - Project Coordination Description: Maintain project control through internal team meetings, team meetings with City staff and through other forms of communication. Subtasks: • Schedule and conduct initial meeting of Project Team, City and possibly Mn/DOT staff. - Identify roles of key personnel and establish communication procedures - Review and concur with responsibilities of consultant and City - Establish submittal requirements, review dates and overall project schedule • Establish need and frequency of ongoing Project Team meetings/ reviews. Participate in meetings and document meeting minutes. • Monitor progress and manage BRW staff and subconsultants. Deliverables: Project Schedule - Chart Meeting Minutes - Memoranda Status Reports - Memoranda Key Staff: Ayaz, Maves, Pakalns, BRW Task A2.0 - Project Initiation and Research Description: The initial phase of the project devoted to obtaining and analyzing available data for use in project design. Subtasks: • Data Research - Obtain as-built and proposed future development plans for TH 10 under proposed pedestrian bridge. - Obtain as-built utility plans (public and private) - Obtain proposed city utility improvements and drainage studies • Data Analysis - Analyze data obtained for applicability to project - Disseminate data to appropriate staff for use in design Deliverables: None Key Staff: Ayaz, Maves, BRW • Task A3.0 - Base Mapping/Supplemental Field Surveys Description: If available, obtain planimetric mapping and Digital Terrain Model from City of Mounds View and prepare data for design application. Subtasks: • Obtain electronic files of mapping and DTM. MOUNDSV.JH 1 Rev. November 21, 1995 • Verify base mapping through field reconnaissance. • Perform supplementary field surveys as needed. • Supplement base map with topographic ground surveys for areas needing verification or accuracy enhancement. • Add as-built utility data as base map layer. Deliverables: Updated planimetric base map. Key Staff: Dahl, BRW Task A4.0 - Bridge Type Study Description: Study several bridge type and architectural treatment for each of the bridge types. Subtasks: ▪ Prepare preliminary sketches for a minimum of three bridge types • Prepare architectural rendering for each of the bridge types • Prepare cost estimate for each of the bridge type • Discuss with City and the Citizen Committee Deliverables: Bridge type sketches Architectural renderings Key Staff: Ayaz, Pakalns, BRW Task A5.0 - Community Involvement Description: Conduct 2 to 4 public informational meetings Subtasks: • Prepare colored layouts of subsequent alternatives for following meetings. • Develop photo simulations of bridge types if desired by the City. • Prepare displays for City offices for view by public. Deliverables: Colored layouts, architectural renderings and photo simulations of Input on Alternative Selection Key Staff: Ayaz, Pakalns, BRW Task A6.0 - Geotechnical Services Description: Obtain soil borings for each of the bridge substructure units and provide foundation pile recommendation. Subtasks: • Drill foundation borings at proposed bridge substructure locations. • Study and recommend pile type and length for each of the substructure units. • Prepare report discussing exploration program, data obtained and foundation recommendations. Deliverables: Geotechnical Subsurface Investigation Soil Boring Logs Discussions and Recommendations Key Staff: Rudd, AET MOUNDSV.JH 2 Rev. November 21, 1995 Task A7.0 - Feasibility Report Description: Prepare a feasibility study report evaluating bridge alternatives. Subtasks: • Determine and evaluate bridge alternatives • Prepare cost estimate for each alternatives • Discuss advantage/disadvantage for each alternative • Present study for review and discussion by the City Deliverables: Feasibility Study Report Key Staff: Ayaz, Pakalns, Maves, BRW Task A8.0 -Project Memorandum Description: Prepare a-projec-t-memorandum-reporting-status. Deliverables: Project Memorandum Task B - Bridge Design, Plans and Specifications Task B1.0 - Bridge Design and Plans Description: Prepare preliminary and final bridge plans for Mn/DOT State Aid review and approval. Prepare.detail construction cost estimate. Subtasks: • Prepare preliminary bridge plan for the selected alternative. • Submit preliminary bridge plan to City and Mn/DOT State Aid review and approval. • Design structure in accordance with the latest AASHTO code and Mn/DOT design and detailing standards. • Prepare final detail construction plans. • Submit final plans to City and Mn/DOT State Aid for review and approval. Deliverables: Preliminary Plans Final Bridge Plans and Design Computations Construction Cost Estimate Key Staff: Ayaz, Maves, Vincent, BRW Task B2.0 - Landscape Plans and Specifications Description: Prepare landscape plans and specifications for areas around the approach rams and piers Subtasks: • Prepare landscape plans and coordinate with City and Citizen Committee • Finalize landscape plans • Prepare specifications that would included with the construction proposal package Deliverables: Landscape final plans Landscape specifications Key Staff: Harrington, Behringer, BRW MOUNDSV.JH 3 Rev. November 21, 1995 Task B3.0 - Special Provisions and Construction Bid Proposal Description: Prepare supplemental specifications unique to the project that would not be found in the Mn/DOT Standard Specifications for Construction. Prepare Construction Bid Package (Proposal). Subtasks: • Determine all materials or construction procedures not included in Mn/DOT Standard Specifications for Construction. • Provide detail specifications for each unique material or procedure, criteria to be followed and method of measurement and payment. • Obtain and incorporate as necessary City utility specifications and details, together with methods of measurement and payment. • Identify and incorporate any unique General Requirements and Covenants that may be necessary. • Prepare special provisions, (Division SB). • Prepare construction bid package • Deliverables: Bid Package Key Staff: Ayaz, Green, BRW Task C - Construction Engineering Description: Perform all construction inspection, material testing and survey activities during the lifetime of the construction phase of the project Subtasks: • Provide precise horizontal and vertical controls for all construction items • . Provide line and grade control stakes for utility construction • Maintain contractor scheduling and staging • Provide full-time inspection during bridge construction activities • Maintain as-built conditions drawings • Concrete cylinder breaks Key Staff:. Green, BRW; Rudd, AET See Project Schedule attached. BRW, Inc. MOUNDSV.JH B R NV Project Schedule Pedestrian Bridge Over TH10 1995 1996 1997 Nov 1 Dec 1 Jan 1 Feb I Mar 1 Apr I May 1 Jun 1 Jul 1 Aug 1 Sep I Oct 1 Nov 1 Dec I Jan Task A-Bridge Type Study &Feasability Study Report I Project Memorandum _jsmN I 1 Project Coordination in I i I Project Initiation and Research i �� 1 I I � I Base Mapping/ I a I Supplemental Field Surveys i I Bridge Type Study I i I Community Involvement in Geotechnical Involvement I I 1 so Feasibility Report I i I I 1 i I i 1 1 1 i _I I I I Ii 1 � 1 1 Task B-Preliminary and Final Design I I I I j I I I Bridge Design I ' 1 and Plans I I ; I 1 I I I I I j ( - Special Provisions/ Construction Bid Documents I ( I I I Task C-Construction ' im r Iin amI Eli ■ Engineering ! i I I I i I j I I 1 i U'BRW 11.95 This is Exhibit B,consisting of 3 pages,referred to in the Agreement Between OWNER and ENGINEER for Professional Services,dated as of Initials: OWNER ENGINEER Fees Services listed in Exhibit A shall be performed for a Lump Sum amount of$62,680. Payment shall be made on a monthly basis by percentage of completion of the Services plus reimbursable expenses. Payment for Additional Services or for Services beyond the Scope described in Exhibit A hereto,shall be made on a lump sum basis in an amount to be negotiated between the parties. See Fee Summary attachd. BRW, Inc. MOUNDSV.JH Exhibit B - 1 SCHEDULE F Fee Summary (Pedestrian Bridge over T.H. 10) TASK TASK TOTAL TASK NUMBER DESCRIPTION COST TASK A-Feasibility Study and Report A1.0 1 PROJECT COORDINATION 1 1 $3201 i I A2.0 j PROJECT INITIATION AND RESEARCH 1 $2001 A3.0 !BASE MAPPING/SUPPLEMENTAL FIELD SURVEYS $2,1601 A4.0 !BRIDGE TYPE STUDY i I i $1,8001 A5.0 COMMUNITY INVOLVEMENT $1,8001 A6.0 (GEOTECHNICAL SERVICES 1 1 $2,4001 A7.0 I PROJECT MEMORANDUM 1 I $2,1001 l i 1 SUB-TOTAL Feasibility::Study and Report $10,720` TASK B-Preliminary and Final Design B1.0 1 BRIDGE PLANS $16,0001 B2.0 1 ARCHITECTURAL TREATMENT i I 1 ! $4,8001 B3.0 LANDSCAPE PLANS I $3,200 B4.0 ;COST ESTIMATES i $500 i ! I B5.0 SPECIAL PROVISIONS/CONSTRUCTION BID PROPOSAL I 1 $1,200 k SIJB-TOTAti. Preliminary and FinalDesi on �« ! I TASK C-Construction 1 i Cl.1 ! CONSTUCTION STAKING I $2,4001 C1.2 j CONSTUCTION INSPECTION I 1 $22,0001 C1.3 i CONSTUCTION TESTI,NG $1,800 j i SUB-TOTAL-Construction: $26,200; . e < TAL FEE "AA-5KW T'A T B,+.TAS This is Exhibit C,consisting of 2 pages,referred to in the Agreement Between OWNER and ENGINEER for Professional Services,dated as of Initials: OWNER ENGINEER Notice of Acceptability of Work NOTICE OF ACCEPTABILITY OF WORK OWNER OWNER's Contract No. CONTRACTOR CONSTRUCTION CONTRACT DATE ENGINEER To OWNER And To CONTRACTOR The undersigned hereby gives notice to the above OWNER and CONTRACTOR that the completed Work furnished and performed by CONTRACTOR under the above Contract is acceptable expressly subject to the provisions of the above Contract and the terms and conditions set forth on the reverse side hereof. ENGINEER Dated: BRW, Inc. MOUNDSV.JH Exhibit C - 1 CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice on the front side of this paper is expressly made subject to the following terms and conditions to which all persons who receive said Notice and rely thereon agree: 1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. Said Notice reflects and is an expression of the professional judgment of ENGINEER. 3. Said Notice is given as to the best of ENGINEER's knowledge, information and belief. 4. Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has been employed by OWNER to performer furnish during construction-0f the Project of the Work)under ENGINEER's Agreement with OWNER and under the Contract referenced on the reverse hereof,and applies only to facts that are within ENGINEER's knowledge or could reasonably have been ascertained by ENGINEER as a result of carrying out the responsibilities specifically assigned to ENGINEER under ENGINEER's Agreement with OWNER and the Contract referenced on the reverse hereof. 5. Said Notice is not a guarantee or warranty of CONTRACTOR'S performance under the above- referenced Contract referenced on the reverse hereof nor an assumption of responsibility for any failure of Contractor to furnish or perform the Work hereunder in accordance with the Contract Documents. BRW, Inc. MOUNDSV.JH Exhibit C - 2 Agenda Section: 11.D. OUNDS REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-155tC Report Date: 12-06-95 STAFF REPORT Council Action: El Special Order of Business CITY COUNCIL MEETING DATE December 11, 1995 ❑ Public Hearings 0 Consent Agenda 0 Council Business Item Description: Consideration of Resolution No. 4863 Request for Minor Subdivision Larry Beach, Planning Case No. 428-95 Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. EXp1anation/-Sllmmary (attach_supplement-sheets-as-necessary.)—- - - - KM/MAIM Larry Beach has made application for a zero lot line subdivision on the northern 225 feet of two (2) properties located at 7305 Knollwood Drive. The properties are legally known as Lots 10 and 11, Spring Lake Park Knolls Addition. Chapter 1107. 03 of the Mounds View Municipal Code allows for the subdivision of R-2 property within the City. The subdivisions are subject to the requirements listed in Title 1200, "Subdivisions" , as they relate to lot size, setbacks, orientation, etc. The applicants request would create four (4) lots out of two (2) existing properties. The attached Sketch Plan indicates the proposed layout of the property. Please note that all easements necessary for the provision of utilities on the property have been included. Following action on the proposed subdivision, the applicant will be 'constructingduplexes to be sold as owner-occupied units. I have provided Resolution No. 4863 for your consideration on this matter. • Paiil Harrington, Int im City Administrator RECOMMENDATION; Adopt Resolution No. 4863 approving a zero lot line subdivision for the property located at 2801/09 Bronson Drive, Planing Case No. 428-95. RESOLUTION NO. 4863 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A ZERO LOT LINE SUBDIVISION, LARRY BEACH, 2801 AND 2809 BRONSON DRIVE, PLANNING CASE NO. 428-95 WHEREAS, Larry Beach has requested approval of a zero lot line minor subdivision of the property located at 2801 and 2809 Bronson Drive; and WHEREAS;—the property is-legally known as: The North 225 feet of Lots 10 and 11, Spring Lake Park Knolls Addition, Ramsey County, MN; and WHEREAS, the Mounds View City Council has reviewed the applicant' s request for a zero lot line subdivision and determined that it is in conformance with Chapters 1100 and 1200 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the requested zero lot line subdivision request by Larry Beach contingent upon the following: 1) Providing the City with appropriate title abstracts and recording those abstracts with Ramsey County. 2) Inclusion of the following restrictions in the deeds of the four parcels: a. If one dwelling unit is burned or destroyed, it shall be reconstructed in a uniform appearance. b. If both dwelling units are burned or destroyed, minimum lot widths shall then prevail as for single family homes. c. A double dwelling unit may be rebuilt meeting the original conditions of this Code. d. A uniform exterior appearance, in terms of color, design and maintenance, shall be maintained. 3) The subdivision is subject to Park Land Dedication requirements and must be satisfactorily complied with. Resolution No. 4863 Page Two Adopted this 11th day of December, 1995 ATTEST: Mayor (SEAL) Interim City Administrator SITE F'1.. N For: LARRY BEACH North line of Lot 11-- 208.6 -North line of Lot 10 ‘ / 104.3 —‘,1--7- — — —104.3 �' 7 J _ / --/ o PARCEL AeC\`I M1 10 15,645 sq. ft. se, 1 `t' ,n Ji��l r-- 40.33 I ., ryF I h 9e hi �I deck f-- 43.83 °SNS 25 osa L-7. °Of 1 r/' -PROPOSED DIVISION LINE Proposed Gar. �'_� I 208.6 8 LS'_ �/ ��_ 54.66 PARCEL 5 Gar. - I Townhouse , 10,430 sq. ft. $ 20 S NORTH up I C-- 12 C u) -- 43.83 -ie- --- C-- deck f -- 40.33 _ Si ° --(PROPOSED DIVISION LINE L _�-i 10 L— a, /' vi 208.8— '� _ N —T — _° PARCEL Cir 40.33 1 O 25 I 10,430 sg. ft. .1 dank.--- 43.83 n H I O fi O L_ _ 03 12 a h r 18 (PROPOSED DIVISION LINEProposed 1 Gar. N u `F _+ - - —20 8.6 .8- — 6I —.25 — ��I t) 454.65 C`J I PARCEL D I Gar. n I J $Townhouse) 70,430 sq. ft. L- 20 n, O 12 -. OLO 1L I 4-rdeck". .--- 43.83 nIII n ( 10 40.33 �I 10 I-PROPOSED DIVISION LINE 2- p� — — — _ J om ^ �' ._t1�._ \ . 104.3 0 ` 104.3 0 5 ^I5 5; ___ h C° o Cn o 9N - 4- J j 6„. rye o o �{•_ PARCEL E ° !1, Atom/. SN�e,),� I 13.455 sq. ft. ” I I o IF ARCM= F N a7 W N N N /.'----'0o IV 13,455 sq. ft. 7 $ 1`\!`I I o I 4,6. y o I I� 1 10 SN N 5 �No,1/ ./I5 5I3 90S —j-L--I`� 0 / O;� O•. 104.3 9 f 104.3 y 1 208.6 South line of Lot 11-----nn -South line of Lot 10 BRONSON DrRIY= DESCRIPTION OF EXISTING PROPERTY Lots 10 and 11, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota. DESCRIPTIONS OF PROPOSED PARCELS • PARCEL A: The north 75 feet of Lots 10 and 11, SPRING LAKE PARK KNOLLS Ramsey County, Minnesota. Subject to drainage and utility easements over the north 5 feet, east 10 feet and west 25 feet thereof PARCEL B: The south 50 feet of the north 125 feet of Lots 10 and 11, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota. Subject to drainage and utility easements over the south 5 feet, east 10 feet and west 25 feet thereof PARCEL C: The south 50 feet of the north 175 feet of Lots 10 and 11, SPR/NG LAKE PARK KNOLLS, Ramsey County, Minnesota. Subject to drainage and utility easements over the north 5 feet, east 10 feet and west 25 feet thereof PARCEL D: The south 50 feet of the north 225 feet of Lots 10 and 11, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota. Subject to drainage and utility easements over the south 5 feet, east 10 feet and west 25 feet thereof PARCEL E.• All that part of Lot 11, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota, lying south of the north 225 feet thereof Subject to drainage and utility easements over the north and south 10 feet and over the east and west 5 feet thereof PARCEL F.• All that port of Lot 10, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota, lying south of the north 225 feet thereof Subject to drainage and utility easements over the north, south and east 10 feet and over the west 5 feet thereof Revised 12/6/95 (easements added) Scale: 1'= 40' I Drawn By: JKB I Book Poqe J Disk: 3 Job No. 95539LS I hereby certify that this pion, survey or report was prepared by me or under my E.G,RUD 4 SONS, Nc. dr-CLI supervision and that l am a duly Registered Lgnd Surveyor under the lows LAND SURVEYORS ofi e St ' f t Dated this CA day of/,�'r, • 1925'. 9180 LEXINGTON AVE.NO. CIRCLE PINES,MINNESOTA 55014-3625 ✓A,,' License No. /776'5 TEL.186-5556 FAX 186-6001 THIS IS IT . . . . For the Week of December 4 - December 8, 1995 ADMINISTRATION MEETING WITH SURROUNDING COMMUNITIES Jerry and I attended a meeting Wednesday evening with the mayor's and manager's of New Brighton, Arden Hills, Shoreview and Mounds View. The purpose of the meeting was to discuss issues affecting all the communities and what efforts can be made to coordinate plans for addressing those issues. Items discussed included re- utilization of the TCAAP property and, the upgrade of 35W, Old Highway 8 and Highway 96. The meeting provided an excellent forum for sharing ideas and, allowed the participating communities to gain a little better insight into each others direction for future growth, development and redevelopment. BUDGET DONE Staff is breathing a big sigh of relief following the adoption of the 1996 Budget at the December 6 meeting. The process has been very enlightening to those of us who, in the past, have only been involved in the drafting and not the actual adoption process. Many thanks to members of the Finance and Administration Departments for the long, hard hours they put in to ensure that the budget process went smoothly. NOTE: I will be out of the office on Friday, December 8, 1995. See you all on Monday at 6:00 p.m. If you have any questions or concerns, see Michele or Cathy B. Paul H. • I attended the open house for Tans on Ten this week a new tanning salon at Moundsview Square. The owners are very excited for being in Mounds View and were happy to have a contact at the City. • A member of the Suburban Chamber of Commerce was in this week to give advice on setting up work stations in an ergonomic way. He was able to give advice to several Mounds View employees and will be making further recommendations in a formal proposal. • I PASSED. You will now be working with an official Certified Economic Development Professional. I completed the training and passed all the exams required through the National Development Council's Economic Development Certification . :_ . - - •- ; _-_ , ; - been-extremelyeipfuh i lrcom:.� finances and development agreements. Cathy Whew, the Budget hearings were a success! *** Street lights have recently been installed at Hillview, Lambert and Silverview Parks. There are also pending street lights for Knollwood Drive (on the lot line of 7556/7580) and 7540 Silver Lake Road. Meanwhile the petitions are slowly coming in. *** The MIS Committee is relieved to see the changeover in software going along smoothly. Employees are very cooperative throughout the arduous tasks of training and converting of documents. Dawn f. PARKS, RECREATION AND FORESTRY PARKS: * Steve and Jeff have been working on getting the rinks ready for the skating season. * Steve has been attending computing training classes. * Been working at getting equipment ready for winter. * Repaired roof leak damage at Woodcrest Park. * Meet with Ramsey County to hear their plans on upgrading Random Park. RECREATION : * Sharie has been busy preparing the January/February. This should be in the homes the third week of December. * December Afterschool activities were started this week. (Crafts, basketball, and floor hockey) * 40youngsters-willbe attetrding the Annual Happy Holidays par y is wee en'. Sharie, the Lioness Club, and other helpers have many exciting events planned for the kids. * 15 homes have signed up to participate in Holiday Lights Contest. The contest will be judged this weekend. * Mary & Sharie have been attending computer training classes. * Park & Recreation Commission met on Thursday Dec 7. GOLF COURSE: * Mary met with Effective Golf Course Systems to go over the golf course issues from the past year. * Gift certificates for the golf course went on sale and we have been receiving calls and selling these certificate to be used in the upcoming season. CABLE TV: * Sue has been on vacation in San Francisco the past week. Mary POLICE * We conducted nine more interviews on Wednesday. The Civil Service Commission decided to look at additional applicants. We will interview seven more on December 22nd. * Ray Long is conducting CPR refresher training for our Department. This training will conclude next Wednesday. * Mike Kampa will be off work longer than anticipated. He will return to work no sooner than Jan. 7th. Tim R. FINANCE What a week! The only time you can find all three of us working at our desks is very early in the morning. After that at least one of us is scheduled to be elsewhere. I think we will order roller skates for Christmas: our Mother's all agreed it was too late to order a twin. Dorothy has been at City Hall early every morning doing the daily deposit, answering questions, and getting as much done as possible. Then she heads to the hospital to be with her husband. Franklin's recover has been slow . Hopefully the doctors will find the right treatment and he can be home, soon. Kitty has been working long hours. She has taken on accounts payable along with her other duties. In addition, she is helping Dorothy as much as she can. Kitty wants to inform everyone that Open Enrollment for Flex is during the month of December. Thursday is the Employee Holiday Party which Kitty is helping to host. The party will be a good time to re- energize. I work at two different desks so that makes it doubly hard to find me. I attended two computer training sessions this week, a couple of meetings, and the employee party is on my "Want To Do"list. I have talked to investment companies, banks, government employees, instructors, and co-workers trying to learn as much as I can stuff into my brain. Paul and Michele are instructing me on packet "protocol" and have been very patient. Everyone has been wonderful to work with and I have appreciated very smile, kind word, and controlled tongue. Thanks. Mary T. PUBLIC WORKS * Replacement of the Mounds View Mobile Home Park water meter and pit was completed on Tuesday. The water was shut off for approximately 6 hours. Staff received only one call from a resident of the park, stating that their water service had frozen. I don't think that we had any thing to do with it. * Tim PittmanTim-Predberg ary-an-d-Mark-attended a-snow-and ice control semina on Wednesday. * The new motor starters have been installed at wells 5 and 6. Start up went very well, with only minor adjustments being made. * Tim Pittman has started on the propane conversion on the Parks truck purchased earlier this year. * Meter installations are continually being performed. WaterPro is beginning to call residents to try and schedule appointments for installations where residents have not responded to the mailers sent out earlier. * Wally, Larry, Bill Hanson, Bill Hanggi, and Tim Fredberg are attending computer training classes once a week for three weeks. * Underground inspection of the sanitary sewer system continues. All defects and observations in the pipes are being recorded in the new inspection software purchased earlier this year. This data base will prove to be very valuable in the future for many projects and everyday usage. riMMMCOMMUNITY DEVELOPMENT Computer training continues for staff. Jim Hess received the new file server and it is expected to be up and running by Christmas. Automobile sales lot ordinance has been drafted and will be presented to Council at the December 19th Council Meeting. 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