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HomeMy WebLinkAboutAgenda Packets - 2008/06/23CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, June 23, 2008 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. MS4 Annual Report – Nick Fleischhacker to present (verbal report) 7. COUNCIL BUSINESS A. 7:05 p.m., Public Hearing, Second Reading and Adoption of Ordinance 806 Adopting a Five Year Financial Plan for 2009 Thru 2013. (ROLL CALL VOTE) B. 7:10 p.m., Public Hearing, Second Reading and Adoption of Ordinance 807, an Ordinance Amending Title 600 of the Mounds View City Code by Adding a New Chapter 610 Relating to Ultimate Fighting. (ROLL CALL VOTE) C. 7:15 p.m., Public Hearing, Second Reading and Adoption of Ordinance 808, an Ordinance Amending Title 600 of the Mounds View City Code by Adding a New Chapter 611 Relating to Special Events. (ROLL CALL VOTE) D. 7:20 p.m., Public Hearing, Resolution 7293, a Resolution to Consider an Outdoor Liquor Endorsement for Moe’s located at 2400 County Highway 10 E. 7:25 p.m., Public Hearing, Resolution 7294, a Resolution to Consider an Outdoor Liquor Endorsement for Totino’s Italian Kitchen located at 2535 County Highway 10. F. Resolution 7295, Approving a Residential Kennel License for Chad Walbon, 8070 Woodlawn Drive. G. Resolution 7297, a Resolution to Award a Construction Contract for the 2008 Street Maintenance Project. H. Resolution 7298, a Resolution to Approve the Plans and Specifications and Award a Construction Project for the Pinewood Storm Sewer Repair Utility Improvement Project. I. Resolution 7299, a Resolution to Consider a Proposal for Preparation of Local Surface Water Management Plan. J. First Reading on Ordinance 810, an Ordinance Amending Chapter 8 (Public Improvements and Special Assessments) and Chapter 12 (Miscellaneous and Transitory Provisions) of the Mounds View City Charter. City Council Agenda June 23, 2008 Page 2 8. CONSENT AGENDA A. Licenses for Approval B. Schedule a Public Hearing for Monday, July 14, 2008, at 7:05 p.m., for a Second Reading on Ordinance 810, Amending Chapter 8 and Chapter 12 of the Mounds View City Charter. C. Resolution 7296, Approving Mounds View Business Licenses. D. Resolution 7300, Authorizing staff to Enter Into An Agreement With the City of Columbia Heights for the Use of Water Meter Reading Equipment. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - None 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, July 7, 2008 at 7:00 p.m. Next Council Meeting: Monday, July 14, 2008 at 7:00 p.m. Item No: 06A Meeting Date: June 23, 2008 Type of Business: CA City Administrator Review: __________ STORM WATER POLLUTION PREVENTION PROGRAM ANNUAL PUBLIC REVIEW The City of Mounds View invites all interested parties to attend a public informational meeting on Tuesday, June 23rd, 2008 at 7:00 p.m. at the Mounds View City Hall, located at 2401 Highway 10, across from the Community Center. This meeting will be conducted as part of a regularly scheduled City Council Meeting. The purpose of the meeting is to present and discuss the City’s Storm Water Pollution Prevention Program (SWPPP). The Minnesota Pollution Control Agency (MPCA) requires that all urbanized cities develop a Storm Water Pollution Prevention Program (SWPPP) in March of 2003, as part of their permit to operate a municipal storm sewer system. Information will be presented and discussed regarding the activities the City has been and will be engaging as a result of implementing the SWPPP. Items that will be discussed include: the original SWPPP, status of compliance regarding permit conditions, progress toward achieving the measurable goals, and planned activities for the next year. This is the City’s 4th Annual Public Review Forum. A copy of the SWPPP is available for review at the Mounds View City Hall. A copy of the Municipal Separate Storm Sewer System (MS4) General Permit is also available at Mounds View City Hall and online: http://www.pca.state.mn.us/publications/wq-strm4-51.pdf Item No. 7B Type of Business: CB – Public Hearing Date: June 23, 2008 City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator James Ericson, Clerk-Administrator Item Title/Subject: Public Hearing, Second Reading of Ordinance 807, an Ordinance Amending Title 600 of the Mounds View City Code by Adding a New Chapter 610 Relating to Ultimate Fighting (ROLL CALL VOTE) Background: On August 27, 2007, the City Council approved Resolution 7145 establishing a one- year moratorium on Boxing and Mix Martial Arts/Ultimate Fighting Events due to the safety concerns of participants and spectators. Before the moratorium was set to expire, staff brought the issue back to the City Council for consideration at the May 5th Work Session and it was the consensus of the City Council to ban this type of activity. On June 9, 2008, the City Council reviewed a first reading on Ordinance 807, an Ordinance banning ultimate and martial arts fighting. Discussion: Ordinance 807 amends the City Code to include the ban ultimate and martial arts fighting. Exempted from this prohibition are officially sanctioned boxing and wrestling meets or other team sports in which physical contact is incidental to the primary purpose of the game. This Ordinance was presented to the City Council for a first reading at the June 9, 2008, City Council Meeting, and a second reading is presented for your final consideration at this meeting. This public hearing was published in the Mounds View/New Brighton Bulletin in accordance with the City Charter. Recommendation: Staff recommends opening the Public Hearing for public comment, and approve Ordinance 807, an ordinance adding a new chapter to Title 600 entitled “Ultimate Fighting”. This is a Roll Call Vote. Respectfully submitted, Desaree Crane ORDINANCE NO. 807 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 600 OF THE MOUNDS VIEW CITY CODE BY ADDING A NEW CHAPTER 610 RELATING TO ULTIMATE FIGHTING SECTION 1. The City Council of the City of Mounds View hereby amends Title 600, with a new Chapter 610 to the Mounds View Municipal Code by adding the underlined material as follows: CHAPTER 610 ULTIMATE FIGHTING SECTION: 610.01: Findings of Fact 610.02: Definitions 610.03: Prohibited Conduct 610.04: Unlawful Act 610.05: Right of Injunction 610.06: Violations; Penalty 610.01: FINDINGS OF FACT: The City Council finds that the practice of Ultimate Fighting is dangerous and puts the public health, safety and welfare at great risk. 610.02: DEFINITIONS: As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: Subd. 1. ULTIMATE FIGHTING: Any organized activity or event, regardless of how named or described, or any other form of entertainment, where the primary practice involves individuals engaged in physical contact by striking or touching an opponent with the hands, feet, head or body. This shall include, but not be limited to, any contest or event where kicking, punching, martial arts or submission holds are permitted. Officially sanctioned and regulated boxing and wrestling and team sports in which physical contact is incidental to the primary purpose of the game, including, but not limited to, football, basketball, volleyball, soccer, baseball and softball are not included among activities prohibited by this Chapter. Martial arts training or contests governed and sponsored by schools of martial arts are also not included among the activities prohibited by this Chapter. 610.03: PROHIBITED CONDUCT: It shall be unlawful to promote, host, organize, stage, conduct or participate in the practice of Ultimate Fighting as defined above in any public or private building or place. 610.04: UNLAWFUL ACT: No person shall permit, promote, or allow participation in Ultimate Fighting in any establishment licensed by the City pursuant to Title 500 of the Municipal Code or any adjoining property owned or leased by the licensee. 610.05: RIGHT OF INJUNCTION: The City or its designated representative may institute a lawsuit in district court seeking injunctive relief against any individual that is violating this Chapter. 610.06: VIOLATIONS; PENALTY. Any person who promotes, hosts, organizes, stages, conducts or participates in an Ultimate Fighting event or otherwise violates any provision of this Chapter shall be guilty of a misdemeanor. SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on June 9, 2008. Second Reading and Adoption by the Mounds View City Council on June 23, 2008. Publication Date: July 2, 2008. Rob Marty, Mayor Attest: Jim Ericson City Clerk-Administrator (seal) Item No. 7C Type of Business: PH & CB Date: June 23, 2008 City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Jim Ericson, Clerk-Administrator Item Title/Subject: Second Reading and Adoption of Ordinance 808, an Ordinance Amending Title 600 of the Mounds View City Code by Adding a New Chapter 611 Relating to Special Events. Background: The City Council asked Staff to research policy considerations for outdoor special events. Many businesses have requested to hold outdoor special events, most recently Moe’s. Staff was directed to research what other cities did in regard to such outdoor special events. Many cities responded with their policies which provided a full spectrum of regulatory possibilities. Staff was also directed to come up with draft policy language that would include a parking plan, security plan, clean up plan, and statements pertaining to toilet facilities, entertainment or stage locations, and proof of workers compensation insurance. The special event policy was discussed on June 4, 2007; October 1, 2007;February 4, 2008; March 3, 2008; April 28, 2008 and again on May 5, 2008. Many policy iterations were presented and discussed with a resolution brought forward on April 28. It was later determined that the proposed special event regulations should be presented in ordinance format. The Council reviewed the final draft of the policy on June 9, 2008 and approved the first reading and introduction of the proposed ordinance. Discussion: Through the various draft policy iterations, It was discussed whether a fire inspection would be necessary and whether the applicant would be responsible to notify neighboring residents of the event. It was also discussed that there may be exceptions or exemptions to the permit or license which would also need to be articulated. Ultimately, the Council felt that the policy should apply to events at which alcohol would be consumed or offered for sale. Based on this clarified direction, staff asked Kennedy & Graven to prepare the necessary ordinance language for the Council’s consideration. Since the first reading, staff has asked Kennedy & Graven for clarification on a number of policy considerations, such as specific exemptions and event security. The attached ordinance draft reflects a few minor changes which have been incorporated subsequent to the first reading, such as including Festival in the Park, wedding receptions and graduation parties as exempted events, deleting the security requirements paragraph and deleting the requirement to provide information as to the kind of food to be served and whether alcohol will be served. (If alcohol is NOT served, then a permit is not required.) Special Event Policy Ordinance 808 June 23, 2008 Page 2 The only missing piece at this point is whether the Council would like to articulate how many people would need to attend the event to warrant requirement of a special event permit. Perhaps the number would be different depending upon whether the event were public or private (e.g., whether the event is held in Moe’s parking lot or a resident’s backyard.) If a public event, perhaps there would be no minimum, in other words, a party in Moe’s parking lot would require a permit regardless of the projected attendance. (A special event permit would NOT be required in conjunction with the use of an authorized and licensed outdoor seating and drinking area.) If a private event held in a backyard, I would imagine the threshold would be substantially higher. Recommendation: After reviewing the changes made to the ordinance and discussing potential revisions relating to attendance criteria, Staff would recommend the approval of the second reading and adoption of Ordinance 808, an ordinance amending Title 600 of the Mounds View City Code by adding a new Chapter 611 relating to Special Events, and would also recommend authorization to publish the attached ordinance summary as permitted by City Charter. If the Council requires additional time to discuss and consider the proposed revisions, Staff would recommend closing the public hearing and deferring the second reading and adoption to a subsequent meeting for later consideration. Respectfully submitted, ________________ __________________ Desaree Crane Jim Ericson Assistant City Clerk-Administrator Clerk-Administrator Page 1 ORDINANCE NO. 808 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 600 OF THE MOUNDS VIEW CITY CODE BY ADDING A NEW CHAPTER 611 RELATING TO SPECIAL EVENTS SECTION 1. The City Council of the City of Mounds View hereby amends Title 600, with a new Chapter 611 to the Mounds View Municipal Code by adding the underlined material as follows: CHAPTER 611 SPECIAL EVENTS SECTION: 611.01: Findings of Fact; Purpose 611.02: Definitions 611.03: Permit Required 611.04: Permit Not Required 611.05: Permit Application 611.06: Permit Review 611.07: Permit Issuance 611.08: Indemnification Agreement 611.09: Insurance Requirements 611.10: Cleanup Deposit 611.11: Revocation of Permit 611.12: Violations 611.01: FINDINGS OF FACT; PURPOSE: This Chapter governs the time, place and manner of holding certain special events on public and private property when an event’s impact upon the health, fire, law enforcement, transportation or other services exceeds those regularly provided to that property. This Chapter is enacted in order to promote the health, safety and welfare of all residents and visitors of the City by ensuring that special events do not create disturbances, become nuisances, menace or threaten life, health and property, disrupt traffic or threaten or damage private or public property. It is not the intent of the City Council by enacting this Chapter to regulate in any manner the content of speech or infringe upon the right to assemble, except for regulating the time, place and manner of speech and assembly and this Chapter should not be interpreted or construed otherwise. Page 2 611.02: DEFINITIONS: As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: Subd. 1. SPECIAL EVENT: Any concert, fair, show, festival, carnival, rally, party, tournament, street dance or other attended outdoor entertainment or celebration that is to be held on public or private property that involves the sale or consumption of alcohol. 611.03: PERMIT REQUIRED: Any person or organization desiring to conduct or sponsor a Special Event in the City shall first obtain a Special Event permit from the City. 611.04: SPECIAL EVENT PERMIT NOT REQUIRED: Subd. 1. A Special Event permit is not required for the following types of events: a. Weddings, Wedding Receptions and Graduation Parties; b. Mounds View Festival in the Park; and c. The use of traditional public forums as alternative channels of communication by the public, provided that such use is for the free exercise of constitutionally protected activities and does not disrupt or interfere with traffic on public streets or the use of public places by other members of the public. 611.05: SPECIAL EVENT PERMIT APPLICATION: Subd. 1. Any person or organization desiring to sponsor a Special Event that is not exempted by this Chapter must apply to the City for a Special Event permit. The Special Event permit application must be filed not less than 30 days in advance of the date in which the event is to occur. Subd. 2. Application Information: Special Event permit applications must include the following information: a. Type and description of the Special Event and a list of all activities to take place at the event; b. Name of the sponsoring entity, the names of at least two contact persons and their addresses and phone numbers, along with phone numbers where they can be reached on the date(s) of the event; c. Proposed date(s) of the Special Event, together with the beginning and ending times for each date; Page 3 d. Proposed location of the Special Event, including a diagram of the proposed area to be used showing the location of any barricades, perimeter/security fencing, entertainment, stages, portable toilets, parking areas, trash containers and any other items related to the event; e. Estimated numbers of Special Event staff, participants and spectators; f. Any public health plans, including supplying water to the site, solid waste collection and the number of toilet facilities that will be available; g. Any plans for first aid facilities and the name of the person or entity providing these services; h. Any fire prevention and emergency medical service plans; i. Security plans; j. Parking plans; k. Cleanup plans; l. The admission fee, donation or other consideration to be charged or requested for admission to the Special Event, if applicable; m. Whether any sound amplification or public address system will be used or if there will be any playing of any music or musical instruments; n. Copy of a letter to be sent by the applicant to residents within 500 feet of the Special Event informing them of the event; o. Signature of the applicant; and p. Any other information requested by the City, that it deems reasonably necessary in order to determine the nature of the Special Event. Subd. 3. Permit Fee: An applicant for a Special Event permit must pay a nonrefundable permit fee in the amount established from time to time by the City’s fee schedule. 611.06: PERMIT REVIEW: Subd. 1. The City Council shall review the Special Event permit application and make a determination on whether to issue the permit or deny it. Subd. 2. Inspection: Prior to City Council review, the site of the Special Event shall be inspected by the City Fire Marshal. Page 4 Subd. 3. Permit Denial: The City Council may deny an application for a Special Event permit if it determines from a consideration of the application or other pertinent information, that: a. The information contained in the application or supplemental information requested from the applicant is false or nonexistent in any material detail; b. The applicant fails to supplement the application after having been notified by the City of additional information or documents needed; c. The applicant fails to agree to abide or comply with all of the conditions and terms of the Special Event permit; d. The time, route, hours, location or size of the Special Event will unnecessarily disrupt the movement of other traffic within the area of the Special Event; e. The Special Event is of the size or nature that requires the diversion of too many law enforcement officers to properly police the event, site and contiguous areas that allowing the Special Event would unreasonably deny law enforcement protection to the remainder of the City and its residents; f. Another Special Event permit application has already been approved to hold another Special Event at the same time and place requested by the applicant or so close in time and place as to cause undue traffic congestion, or the City is unable to meet the needs to provide for law enforcement and other City services for both Special Events; g. The location of the Special Event would cause undue hardship for adjacent businesses or residents; h. The location of the Special Event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way; i. The Special Event would endanger public safety or health; j. The Special Event would seriously inconvenience the general public’s use of public property, services or facilities; k. The applicant fails to comply with the liability insurance requirements or the applicant’s insurance lapses or is canceled; l. The Special Event would create or constitute a public nuisance; Page 5 m. The Special Event would be likely to cause significant damage to public property or facilities; or n. The Special Event would engage in or encourage participants to engage in illegal acts. Subd. 4. Permit Conditions: The City Council may condition the issuance of a Special Event permit by imposing reasonable conditions concerning the time, place and manner of the Special Event, and such conditions are necessary to protect the safety of persons and property, and the control of traffic; provided that such conditions shall not unreasonably restrict the right of free speech. Such conditions may include, but are not limited to: a. Alteration of the date(s), time(s), route or location of the Special Event proposed; b. Elimination of an activity at the Special Event which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability to the City; c. Requirements concerning the accommodation of pedestrian or vehicular traffic; d. Requirements for the use of traffic cones or barricades; e. Requirements for the use of City personnel and equipment; f. Requirements for the provision of first aid or sanitary facilities; g. Requirements for the use of event monitors and the providing notice of the Special Event permit conditions to the events’ participants; h. Requirements on the number and type of vehicles, animals or structures to be allowed at the Special Event and the inspection and approval of structures by the City for safety purposes; i. Compliance with animal protection ordinances and laws; j. Requirements for the use of garbage containers and the cleanup and restoration of the property; k. Restrictions on the use of amplified sound and compliance with noise ordinances, regulations and laws; and l. Restrictions on the sale or consumption of food and alcohol. Page 6 611.07: PERMIT ISSUANCE: The Clerk-Administrator shall issue the Special Event permit once the application has been approved by the City Council and the applicant has agreed to comply with the terms and conditions of the permit as well as the requirements of this Chapter. 611.08: INDEMNIFICATION AGREEMENT: If the Special Event, or any portion of the event is to be held on City property or right-of-way, prior to the issuance of a Special Event permit, the permit applicant and authorizing officer of the sponsoring organization, if any, must sign an agreement to indemnify, defend and hold the City, its officials, employees and agents harmless from any claim that arises in whole or in part out of the Special Event, except any claims arising solely out of the negligent acts or omissions of the City, its officials, employees and agents. 611.09: INSURANCE REQUIREMENTS: Subd. 1. Liability Insurance Required: The applicant or sponsor of a Special Event must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury or property damage arising from the Special Event. A certificate of insurance must be filed with the City prior to issuance of the Special Event permit. The certificate of insurance must name the City, its officials, employees and agents as additional insureds. Insurance coverage must be maintained for the duration of the Special Event. Subd. 2. Minimum Limits: Insurance coverage must be a commercial general liability policy. The minimum limits must be at least $1,000,000. The policy must also include an endorsement for liquor liability. The City Council may require additional endorsements depending upon the type of Special Event and proposed activities. Subd. 3. Waiver or Reduction of Required Limits: The City may waive or reduce the insurance requirements of this Chapter under the following circumstances: a. The applicant or officer of the sponsoring organization signs a verified statement that it believes that the Special Event’s purpose is First Amendment expression and that the cost of obtaining the insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression; b. The applicant or an officer of the sponsoring organization signs a verified statement that the insurance coverage required by this Chapter is impossible to obtain; or c. The City Council determines that the insurance requirements are in excess of the reasonable risk presented by the proposed Special Event. Page 7 611.10: CLEANUP DEPOSIT: The applicant or sponsor of the Special Event involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals or another activity likely to create a substantial need for cleanup may be required by the City to provide a cleanup deposit prior to issuance of the Special Event permit. The cleanup deposit shall be in an amount set by the City Council. The cleanup deposit will be returned to the applicant/sponsor if the area used for the Special Event has been cleaned and restored to the same condition as it existed prior to the event. If the property used for the event has not been properly cleaned or restored, the applicant/sponsor will be billed for the actual cost by the City for the cleanup and restoration. The cleanup deposit will be applied toward payment of the bill. 611.11: PERMIT REVOCATION: Any Special Event permit issued pursuant to this Chapter may be summarily revoked by a City law enforcement officer at any time when, by reason of disaster, public calamity, riot or other emergency, the law enforcement officer determines that the safety of the public or property requires such revocation. The Clerk-Administrator may also summarily revoke any Special Event permit issued pursuant to this Chapter if he or she finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in its application. 611.12: VIOLATIONS: Subd. 1. Unlawful to Sponsor a Special Event without a Permit: It is unlawful for any person to sponsor or conduct a Special Event requiring a permit pursuant to this Chapter unless a valid Special Event permit has been issued for the event. Subd. 2. Unlawful to Exceed the Scope of the Permit: The Special Event permit authorizes the Special Event permittee or sponsor to conduct only such a Special Event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee or sponsor to willfully violate the terms and conditions of the permit. Subd. 3. Misdemeanor. Any person convicted of violating this section shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Each day in which a violation continues to occur shall constitute a separate offense. Violation of any provision of this section shall also be grounds for revocation of the Special Event permit. SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on June 9, 2008. Second Reading and Adoption by the Mounds View City Council on June 23, 2008. Publication Date: July 2, 2008. Page 8 Rob Marty, Mayor Attest: Jim Ericson Clerk-Administrator (seal) Page 1 ORDINANCE SUMMARY ORDINANCE NO. 808 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 600 OF THE MOUNDS VIEW CITY CODE BY ADDING A NEW CHAPTER 611 RELATING TO SPECIAL EVENTS On June 23, 2008, the Mounds View City Council adopted an ordinance which created a new Chapter 611 of the Municipal Code which established the procedures and conditions associated with a Special Event permit for outdoor events in which alcohol is consumed or made available for purchase. The definition of a Special Event is as follows: Any concert, fair, show, festival, carnival, rally, party, tournament, street dance or other attended outdoor entertainment or celebration that is to be held on public or private property that involves the sale or consumption of alcohol. A permit is not required for weddings, wedding receptions and graduation parties. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. James Ericson, Interim Clerk-Administrator Item No. 07D Type of Business: PH & CB Meeting Date: June 23, 2008 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Public Hearing to Consider Resolution 7293, a Resolution Approving an Outdoor Liquor Consumption Endorsement for Moe’s Located at 2400 Highway 10 in Mounds View Moe’s, located at 2400 Highway 10, has submitted an application for an Outdoor Liquor Consumption Endorsement. Their current Outdoor Liquor Consumption Endorsement expires on June 30, 2008. In accordance with Ordinance 771, a special endorsement to the holder of a regular on-sale liquor or on-wine license to allow sales and consumption of liquor or wine outdoors when the outside service is immediately adjacent to and contiguous with the licensed premises. This special endorsement will need to be issued by the City Council to the licensee by resolution after a public hearing on the special endorsement is held. Moe’s currently has an On-sale Intoxicating Liquor License on file with the City and the State of Minnesota Alcohol and Gambling Enforcement. Moe’s currently has a deck outside, and the establishment currently serves alcohol on this deck. This public hearing was also published in the Mounds View/New Brighton Bulletin and notices were sent to residences within a 350 feet radius of the establishment. Recommendation: Staff recommends opening the Public Hearing for public comment. Staff recommends approval of this endorsement. Respectfully submitted, Desaree Crane RESOLUTION 7293 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving Outdoor Liquor Consumption at Moe’s Located at 2400 Highway 10 in Mounds View WHEREAS, Moe’s has a current On-Sale Intoxicating Liquor License on file with the City and the Minnesota Alcohol and Gambling Enforcement; and WHEREAS, Moe’s is requesting to sell intoxicating liquor outdoors; and WHEREAS, Ordinance 771 states that the licensee must make application for the special endorsement to the City and provide site plans which illustrate the proposed outdoor service area; and WHEREAS, staff has reviewed the application for the outdoor liquor consumption endorsement; and WHEREAS, staff recommends approval of Moe’s Outdoor Liquor Consumption Endorsement. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Outdoor Liquor Consumption Endorsement for Moe’s, located at 2400 Highway 10. NOW, BE IT FURTHER RESOLVED, that this Outdoor Liquor Endorsement for Moe’s will expire on June 30, 2009. Adopted this 23rd day of June, 2008. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ James Ericson, Clerk-Administrator (seal) Item No. 07E Type of Business: PH & CB Meeting Date: June 23, 2008 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Public Hearing to Consider Resolution 7294, a Resolution Approving an Outdoor Liquor Consumption Endorsement for Totino’s Italian Kitchen located at 2535 County Highway 10 in Mounds View Totino’s Italian Kitchen, located at 2535 County Highway 10, has submitted an application for an Outdoor Liquor Consumption Endorsement. Their current Outdoor Liquor Consumption Endorsement expires on June 30, 2008. In accordance with Ordinance 771, a special endorsement to the holder of a regular on-sale liquor or on-wine license to allow sales and consumption of liquor or wine outdoors when the outside service is immediately adjacent to and contiguous with the licensed premises. This special endorsement will need to be issued by the City Council to the licensee by resolution after a public hearing on the special endorsement is held. Totino’s Italian Kitchen currently has an On- sale Intoxicating Liquor License on file with the City and the State of Minnesota Alcohol and Gambling Enforcement. Totino’s Italian Kitchen is planning on building a deck in the near future, and would like to sell alcohol on this future deck. No plans have been submitted to the Community Development Department for this deck, and Staff will keep the City Council informed when plans have been submitted. This public hearing was also published in the Mounds View/New Brighton Bulletin and notices were sent to residences within a 350 feet radius of the establishment. Recommendation: Staff recommends opening the Public Hearing for public comment. Staff recommends approval of this endorsement. Respectfully submitted, Desaree Crane RESOLUTION 7294 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving Outdoor Liquor Consumption at Totino’s Italian Kitchen Located at 2535 County Highway 10 in Mounds View WHEREAS, Totino’s Italian Kitchen has a current On-Sale Intoxicating Liquor License on file with the City and the Minnesota Alcohol and Gambling Enforcement; and WHEREAS, Totino’s Italian Kitchen is requesting to sell intoxicating liquor outdoors; and WHEREAS, Ordinance 771 states that the licensee must make application for the special endorsement to the City and provide site plans which illustrate the proposed outdoor service area; and WHEREAS, staff has reviewed the application for the outdoor liquor consumption endorsement; and WHEREAS, staff recommends approval of Totino’s Italian Kitchen Outdoor Liquor Consumption Endorsement, subject to Totino’s Italian Kitchen providing acceptable site and construction plans to the City. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Outdoor Liquor Consumption Endorsement for Totino’s Italian Kitchen, located at 2535 County Highway 10, subject to Totino’s Italian Kitchen providing site and construction plans that are deemed acceptable by the City. . NOW, BE IT FURTHER RESOLVED, that this Outdoor Liquor Endorsement for Totino’s Italian Kitchen will expire on June 30, 2009. Adopted this 23rd day of June, 2008. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ James Ericson, Clerk-Administrator (seal) Item No. 07F Type of Business: CB Meeting Date: June 23, 2008 City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7295, Authorizing a Residential Kennel License for Chad Walbon, located at 8070 Woodlawn Drive Background Chad Walbon currently owns three dogs (Boxers) at his residence located at 8070 Woodlawn Drive in Mounds View. All three dogs are licensed with the City in accordance with the Mounds View City Code and the property is currently fenced. According to Section 701.04, subd. 8, it states: a. Licensing requirements: The owner of a proposed dog kennel shall submit a license application and present a petition to the Clerk/Administrator signed by more than fifty percent (50%) of all registered landowners or those occupying land within five hundred feet (500’) of the proposed kennel who agree to the establishment of the kennel. The petition shall contain, among other items of information, the number and species of dogs intended to be kept on the premises, whether the yard or kennel area is or will be fenced and whether the dogs would be raised for breeding purposes. Upon the receipt of the petition and license application, the Clerk/Administrator shall present the petition and application to the City Council for their consideration. (Ord. 696, 4-22-02; Ord. 774, 8-14-06) Discussion In the past, a Conditional Use Permit approval and a Public Hearing before the City Council was required for a Residential Kennel License. This requirement was changed when Ordinance 774 was passed on August 14, 2006, by the City Council. Residents who wish to request a Residential Kennel License are now required to submit a petition signed by more than fifty percent (50%) of all registered landowners or those occupying the land within five hundred feet (500’) who agree to the establishment of the kennel and present the petition and application for City Council approval. There is no longer a requirement for a resident to go through the Conditional Use Permit and Public Hearing process. Staff received the necessary application materials, and the petition was signed by residents within a 500 feet radius of 8070 Woodlawn Drive. Mr. Walbon’s petition was verified by staff, and meets the requirements of the City Code. The petition does contain more than 50% of all registered landowners and land occupants. Staff also requested a police report on the property, and there was a recent incident. (police report attached). All applicable fees have been paid for this license. Staff has received a complaint from a resident neighbor in regard to Mr. Walbon’s dogs. This resident will be present at this City Council Meeting to discuss their concerns. They are next door neighbors to Mr. Walbon, and are located at 8080 Woodlawn Drive. The neighbor feels that Mr. Walbon is not cleaning after his dogs properly, which the neighbor feels negatively impacts their enjoyment of their property. Recommendation Mr. Walbon meets all the requirements of the City Code, and therefore Staff recommends approval of Resolution 7295, approving a Residential Kennel License located at 8070 Woodlawn Drive for Chad Walbon. Respectfully submitted, Desaree Crane RESOLUTION NO. 7295 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A RESIDENTIAL KENNEL LICENSE LOCATED AT 8070 WOODLAWN DRIVE FOR CHAD WALBON WHEREAS, Chad Walbon has applied for a Residential Kennel license located at their residence, 8070 Woodlawn Drive; and WHEREAS, the appropriate paperwork, petition and fees have been submitted to the City; and WHEREAS, the petition does contain signatures of more than 50% of all registered landowners or those occupying the land within five hundred feet (500’) of 8070 Woodlawn Drive; and WHEREAS, this license will expire on June 30, 2009; and WHEREAS, this license shall be conditioned upon the satisfactory cleaning of the property. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does grant a residential kennel license to Chad Walbon located at 8070 Woodlawn Drive; and NOW, THEREFORE, BE IT FURTHER RESOLVED that this licenses will expire June 30, 2009. Adopted this 23rd day of June, 2008. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (SEAL) Item No. 7G Meeting Date: June 23, 2008 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Resolution 7297 Awarding a Construction Contract for the 2008 Street Maintenance Project Background: On January 28, 2008 the City Council approved Resolution 7213 authorizing the preparation of a preliminary feasibility report and the selection of a consultant for the 2008 Street Maintenance Project (Seal Coat Project). On February 11, 2008 the City Council approved Resolution 7222 authorizing the preparation of a Joint Powers Agreement and setting a Public Improvement Hearing date for the 2008 Street Maintenance Project. On March 10, 2008 the City Council held the Public Improvement Hearing and subsequently approved Resolution 7234 approving the feasibility report, ordering the project, authorizing the preparation of plans and specifications, and approving a Joint Powers Agreement with the City of Spring Lake Park. On March 17, 2008 the Spring Lake Park City Council also approved the Joint Powers Agreement and authorized preparation of the plans and specifications. On April 28, 2008 the City Council authorized minor modifications to the improvements identified in the Feasibility Report, including the deletion of seal coating for the Police Department and Sally Port parking lots, and the inclusion of crack sealing for the project streets in the construction contract. On May 12, 2008 the City Council approved Resolution 7273 approving the plans and specifications, setting a bid date, and authorizing the advertisement for bids. On May 19, 2007 the Spring Lake Park City Council also approved the plans and specifications and concurred with proceeding with the bid activities. Discussion: Bid Result Summary Bids for the 2008 Street Maintenance Project were received at 10:00 A.M. on Tuesday, June 17, 2008. Please note that the bid date had originally been scheduled for 10:00 A.M. on Thursday, June 12, 2008. However, alterations to the publication schedule for the Construction Bulletin trade publication due to the Memorial Day holiday caused the bid date to be delayed until June 17, 2008 to meet the 21-day advertising requirement. Two bids were received on the project. The bids have been tabulated, and a copy of the bid tabulation and cover letter detailing the results of the bids is attached to this Staff Report for reference. A summary of the bid results is shown in the following table: 2008 Street Maintenance Project Bid Results Bidder Base Bid Allied Blacktop Company $266,270.00 Pearson Bros. Inc.$284,162.00 Engineer’s Estimate – May 8, 2008 $217,825.50 Difference b/t Low Bid & Engr. Est.$48,444.50 22.24% Bid Review / Analysis From the above table it can be seen that the bid costs were significantly higher than the Engineer’s Estimate prepared on May 8, 2008. However, some of the specific construction items for which a higher price was bid are applicable only to the Spring Lake Park portion of the work, and will not be used in Mounds View. Therefore the relative difference between the low bid and the Engineer’s Estimate is not the same for each City. A breakdown of the low bid into the anticipated construction activity for each City is shown in the following table: 2008 Street Maintenance Project Breakdown of Low Bid by City City Engineer’s Estimate Low Bid Difference Mounds View $135,745.75 $159,656.60 $23,910.85 17.6% Spring Lake Park $82,079.75 $106,613.40 $24,533.65 29.9% Total $217,825.50 $266,270.00 $48,444.50 22.24% As shown in the previous table, while the overall low bid is 22.24% higher than the Engineer’s Estimate, the portion of the construction to be performed in the City of Mounds View is only 17.6% higher than the Engineer’s Estimate. The reason for the difference is directly attributable to the increase in oil prices over the 5-week period from when the Engineer’s Estimate was prepared on May 8, 2008 to when bids were received on June 17, 2008. Staff has researched the prices of crude oil, and found that the average price of a barrel of oil increased 19.18% over that time period. This is very comparable to the 17.6% increase seen between the Engineer’s Estimate and the low bid. It must also be noted that the preceding discussion has concerned construction cost only. Additional costs will also be incurred on the project, for engineering, legal, administrative, and other activities. A summary of the total estimated project cost for the City of Mounds View based on the low bid is shown in the following table: 2008 Street Maintenance Project Mound View Portion – Based on Low Bid Item Amount Construction Cost – Per Low Bid $159,656.60 Estimated Engineering Cost (17%)27,141.62 Estimated Legal, Fiscal, & Admin (13%)20,755.36 Total Estimated Project Cost $207,553.58 Budget: As reviewed in the previous Staff Report of April 28, 2008, the adopted 2008 budget has $217,000.00 allotted for this project: x $170,000 in the Street Improvement Fund (account 285-4470- 7050) for the overall project, including City Hall parking lot. x $23,000 in the Special Project Fund (account 280-4180-7050) for the Mounds View Community Center parking lot. x $22,000 in the Park Dedication Fund (account 251-4470-7050) for Silver View and Greenfield Park parking lots. x $2,000 in the Pavement Management Fund (account 100-4470- 4010) for crack sealing Therefore, even though the low bid is higher than the Engineer’s Estimate, the overall project costs are still anticipated to be within the adopted 2008 budget. Actions Available to City: Following are the primary options available to the City at this time: Reject All Bids, Re-Advertise the Project, and Receive New Bids In 2008 The City Council could reject all bids since they exceeded the Engineer’s Estimate, re-advertise the project, and receive new bids in approximately one month. This would be the appropriate action if there was reason to believe that lower prices would be received with the new bids. The seal coat work to be performed as part of the 2008 Street Maintenance Project is fairly specialized work, and there are only a limited number of contractors who perform the work. It is therefore unlikely that the amount of competition would greatly increase under a re-bid scenario. Only three bids were received on the 2007 Street Maintenance Project, and the two bidders on the 2008 Street Maintenance Project were the two lowest on the 2007 project. Furthermore, if the price of crude oil were to drop at all during 2008, it would almost certainly not happen until after Labor Day. MnDOT specifications recommend that seal coat operations be completed by August 31st. Therefore, it is unlikely that the price of the oil used in the seal coat operation would be lower if the project were re-bid. Given these facts, Staff does not recommend rejecting the bids and re-bidding the project in 2008. Reject All Bids, Cancel the 2008 Street Maintenance Project and Reschedule the Project for 2009 or 2010 The City Council could reject all bids since they exceeded the Engineer’s Estimate, and simply cancel the 2008 Street Maintenance Project. The streets scheduled to be seal coated in 2008 could be delayed until 2009 or possibly even 2010 without significant detriment. Therefore, this may be a viable option if there was reason to believe that oil prices will drop within the next 12 to 24 months. However, there are two noteworthy drawbacks to this action. First, the City is speculating as to whether the price of oil and other construction materials will fall over the next 12 to 24 months. Staff has not seen any indications in the economic forecasts to expect that to be the case. Second, there would be no tangible or physical benefit achieved from the amount the City has invested in developing the project to date, which is approximately $16,500. Accept the Bids, Award the Construction Contract, and Proceed With the Work The City Council could accept the bids and recognize that while the low bid is higher than anticipated, the estimated total project costs will still be within the approved 2008 budget. In addition, this work would complete all seal coat operations within Mounds View until 2012 or 2013. Finally, immediate physical return on the funds invested in the project development would be achieved. Spring Lake Park Considerations: The 2008 Street Maintenance Project is proposed to be constructed jointly with the City of Spring Lake Park. As noted previously, the difference between the low bid and the Engineer’s Estimate for the Spring Lake Park portion of the construction is $24,533.65, or 29.9%. However, a large portion of this, approximately $11,250, is attributed to bituminous patching work – shown as construction Item No. 3 on the bid tabulation. We have discussed the bid results with both the City Administrator and Public Works Director of Spring Lake Park, and they have indicated that if the project were to proceed, they would delete that work from the contract and not have it performed. We have also discussed this proposal with the contractor, Allied Blacktop Company, and they would be agreeable to that. If the bituminous patching were deleted, the difference between the Engineer’s Estimate and the low bid amount for the Spring Lake Park portion of the construction would reduce to $13,283.65, or approximately 16.2%. Given the fact that the low bids are in excess of the Engineer’s Estimate, Spring Lake Park Staff is not able to state with certainty that the Spring Lake Park City Council would concur with the project award. Therefore, award of the construction contract would need to be made contingent upon concurrence from the Spring Lake Park City Council at their next meeting of July 7, 2008. Assuming the bituminous patching were removed from the construction, the breakdown of the construction costs between Mounds View and Spring Lake Park would be as shown in the following table: 2008 Street Maintenance Project Construction Cost Percentage By City Based on Low Bid – with Bituminous Patching Deleted Item Amount Percent Mounds View Construction Cost $159,656.60 62.6% Spring Lake Park Construction Cost 95,363.40 37.4% Total Estimated Construction Cost $255,020.00 100.00% The breakdown shown in the table above is consistent with the breakdown of 63% Mounds View, 37% Spring Lake Park stated in the Agreement entered into by the cities on March 10, 2008. Project Schedule: If the City Council wishes to proceed with the project, the anticipated schedule is as follows. Please note the schedule has been updated based on discussions with Spring Lake Park Staff and Allied Blacktop Company to accommodate the desired concurrence of contract award by the Spring Lake Park City Council. June 23, 2008 City Council Awards Construction Contract July 7, 2008 Spring Lake Park City Council Concurs with Award of Construction Contract July 8, 2008 Construction Contracts Sent to Allied Blacktop Company for Execution July 21, 2008 Preconstruction Meeting Held (sometime this week) July 28, 2008 Construction Begins (crack seal) August 4, 2008 Seal Coat Performed (during this week) August 11, 2008 Initial Sweeping (approx. three days after seal coat.) September 15, 2008 Second sweeping (30 - 45 days after seal coat.) We have reviewed this potential schedule with Allied Blacktop Company, and they are agreeable to it. The schedule would meet the specified completion dates in the contract requiring the seal coat and initial sweeping to be performed on or before August 30, 2008. Recommendation: Based on the discussion in this report, Staff recommends that the City Council accept the bids and adopt the attached Resolution 7297 awarding the construction contract for the 2008 Street Maintenance Project to Allied Blacktop Company, contingent upon concurrence by the City Council of Spring Lake Park. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Resolution 7297 x Bid Tabulation with Cover Letter RESOLUTION 7297 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AWARDING THE CONSTRUCTION CONTRACT FOR THE 2008 STREET MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE SAID CONTRACT WHEREAS, pursuant to Resolution No. 7273 adopted by the City Council on May 12, 2008, sealed bids were received on June 17, 2008, at 10:00 A.M. for the 2008 Street Maintenance Project; and WHEREAS, the low responsive bid was received from Allied Blacktop Company with a Base Bid $266,270.00; and WHEREAS, this contract will be for a combined project with the City of Spring Lake Park with Mounds View’s share of the project estimated at 60.0% – or $159,656.60 for construction costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1.The Base Bid of Allied Blacktop Company in the amount of $266,270.00 for the 2008 Street Maintenance Project is the lowest responsive bid. 2.A contract to perform said work is awarded to Allied Blacktop Company. 3.Award of the contract is contingent upon concurrence by the City of Spring Lake Park. 4.The Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder once the concurrence from Spring Lake Park is received. 5.The Public Works Department is authorized and directed to return the deposit made for said bids, except the deposit of the successful bidder, which shall be retained until a contract has been signed. Adopted this 23rd day of June 2008. (ATTEST)____________________________________ Rob Marty, Mayor (SEAL)____________________________________ James Ericson, City Administrator Item No. 7H Meeting Date: June 23, 2008 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Resolution 7298 Approving the Plans and Specifications for the Pinewood Storm Sewer Repair Utility Improvement Project, and Awarding a Construction Contract for the Work Background: The City of Mounds View has recognized a problem with the existing 48-inch diameter high-density polyethylene (HDPE) trunk storm sewer extending north of Belle Lane along the eastern edge of the Pinewood Elementary School site for some time, and had planned for repair of the pipe in 2009 as part of its Capital Improvement Program (CIP). In May 2008 a police report was filed regarding the Pinewood storm sewer, due to recent movement of the pipe that caused the joint between pipe segments to separate further and the situation to become a more imminent hazard to the public safety. Staff investigated the situation and brought a report to the City Council for consideration on May 27, 2008. On that date the City Council approved Resolution 7274 authorizing completion of plans and specifications and solicitation of quotes for the repair of the Pinewood storm sewer. Quote Results: In accordance with Resolution 7274, Staff has completed the plans and specifications for the Pinewood storm sewer repair. A copy of the plans is included with this report for reference, along with selections from the specifications. Copies of the complete documents have been provided to City Public Works Staff. Staff has also solicited quotes for the work. Quotes were received at 10:00 A.M. on Tuesday, June 17, 2008. A total of six quotes were received for the work. The quotes have been tabulated, and a copy of the tabulation and letter detailing the results is attached to this Staff Report for reference. The quotes received ranged from $27,104.00 to $48,927.50. This compares to the Engineer’s Estimate of $45,000.00. The low bid of $27,104.00 was received from Penn Contracting, Inc. As identified in the Staff Report of May 27, 2008, the engineering costs associated with the Pinewood Storm Sewer Repair is estimated at $7,000. There will also be minor additional costs for legal review of the construction contract and City Administrative tasks. Adding the associated costs to the low quote received for the work, the total cost for the Pinewood Storm Sewer Repair is estimated at approximately $36,000. Financing: Funds for this project would come from the Storm Water Fund (245-4415-5150). The adopted 2008 budget included $80,000 in the Storm Water Fund for repair and rehabilitation of storm sewer and drainage issues throughout the City. To date, less than $500 has been expended from this fund. Therefore the current fund balance is sufficient for the total estimated project amount. School Coordination: Access to the location of the repair would be from the west, across the athletic fields on the Pinewood Elementary School site. Staff has obtained the signature of the authorized representative of Independent School District No. 621 (ISD 621) on a right-of-entry document. A copy of the signed document is included with this report for reference. Permits: With the obtaining of the right-of-entry agreement, the City has all necessary permits and permissions to proceed with the work. Schedule: ISD 621 has indicated that the month of July would be best for the work to occur. This schedule has been reviewed with the contractor and is acceptable. Based on the previous discussion, following is the proposed schedule for the Pinewood Storm Sewer Repair project: June 23, 2008 City Council Approves the Plans and Specifications, Accepts the Quotes, Awards a Construction Contract July 7, 2008 Construction Begins August 1, 2008 Project Completed Recommendation: It is recommended that the City Council approve Resolution 7298 approving the plans and specifications for the Pinewood Storm Sewer Repair and awarding the construction contract to Penn Contracting, Inc. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Resolution 7298 x Final Construction Plans x Project Specifications - Selection x Tabulation of Quotes with Cover Letter x Right Of Entry Agreement With ISD 621 RESOLUTION 7298 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PLANS AND SPECIFICATIONS, AWARDING THE CONSTRUCTION CONTRACT AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE SAID CONTRACT FOR THE PINEWOOD STORM SEWER REPAIR UTILITY IMPROVEMENT PROJECT WHEREAS, on May 27, 2008 the City Council approved Resolution 7274 authorizing the preparation of plans and specifications and the solicitation of quotes for the Pinewood Storm Sewer Repair Utility Improvement Project; and WHEREAS, pursuant to Resolution No. 7274 construction plans and specifications have been completed; and WHEREAS, pursuant to Resolution No. 7274 quotes for the work have been solicited; and WHEREAS, a total of six quotes were received on June 17, 2008 at 10:00 A.M.; and WHEREAS, the low responsive quote was received from Penn Contracting, Incorporated in the amount of $27,104.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1.The plans and specifications for the Pinewood Storm Sewer Repair Utility Improvement Project, which were prepared pursuant to Resolution 7274 adopted by the City Council on May 27, 2008, are hereby approved as the plans and specifications in accordance with which said improvements shall be constructed. 2.The quote of Penn Contracting, Incorporated in the amount of $27,104.00 for the Pinewood Storm Sewer Repair Utility Improvement Project is the lowest responsive quote. 3.A contract to perform said work is awarded to Penn Contracting, Incorporated. 4.The Mayor and City Administrator are hereby authorized and directed to enter into a contract with Penn Contracting, Incorporated for said work. Adopted this 23rd day of June 2008. (ATTEST)____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ James Ericson, City Administrator Project Manual For Pinewood Storm Sewer Repair City Project No. 2008-006 City of Mounds View, Minnesota June 2008 Project No. 000435-08134-0 000435-08134-0 © 2008 Bonestroo TABLE OF CONTENTS DOCUMENT 00010 TABLE OF CONTENTS PINEWOOD STORM SEWER REPAIR CITY PROJECT NO. 2008-006 PROJECT NO. 000435-08134-0 MOUNDS VIEW, MINNESOTA 2008 Introductory Information 00005 Professional Certifications 00010 Table of Contents Bidding Requirements 00200 Instructions to Bidders 00300 Information Available to Bidders 00410 Bid Form Contracting Requirements 00520 Agreement Form 00610 Performance Bond 00615 Payment Bond 00700 EJCDC C-700 Standard General Conditions of the Construction Contract (Bound in back of Project Manual) 00800 Supplementary Conditions Specifications Division 1 – General Requirements 01100 Summary 01310 Project Management and Coordination 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control Division 2 – Site Construction 02225 Removals 02230 Site Clearing 02280 Adjust Miscellaneous Structures 02320 Trench Excavation and Backfill 02630 Storm Drainage 02635 Subsurface Drainage 02920 Lawns and Grasses END OF DOCUMENT 000435-08134-0 ”2008 Bonestroo AGREEMENT FORM00520-1 DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of Mounds View, Minnesota (hereinafter called Owner) and ____________________________ (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Storm sewer removal and replacement. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Pinewood Storm Sewer Repair Project for the City of Mounds View, Minnesota, City Project No. 2008-006. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113 (Engineer), who is to act as Owner’s representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A.All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A.The Work will be Substantially Completed within 10 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before July 31, 2008. 4.03 Liquidated Damages A.Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as Liquidated Damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and 000435-08134-0 ”2008 Bonestroo AGREEMENT FORM00520-2 Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: For all Work at the prices stated in Contractor’s Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A.Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A.Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1.Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a.95 percent of Work completed (with the balance being retainage). b.95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2.Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 100 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A.Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. 000435-08134-0 ”2008 Bonestroo AGREEMENT FORM00520-3 ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A.Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B.Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C.Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D.Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E.Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor and safety precautions and programs incident thereto. F.Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G.Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H.Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I.Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 000435-08134-0 ”2008 Bonestroo AGREEMENT FORM00520-4 J.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A.The Contract Documents consist of the following: 1.This Agreement. 2.Performance Bond, Payment Bond, and other Bonds. 3.General Conditions. 4.Supplementary Conditions. 5.Specifications. 6.Drawings bearing the following general title: Pinewood Storm Sewer Repair. 7.Addendum (Numbers _____ to _____, inclusive). 8.Exhibits to this Agreement (enumerated as follows): a.Contractor’s Bid Form. b.Documentation submitted by Contractor prior to Notice of Award. 9.The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a.Notice to Proceed. b.Work Change Directives. c.Change Order(s). B.The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C.There are no Contract Documents other than those listed above in this Article 9. D.The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. 000435-08134-0 ”2008 Bonestroo AGREEMENT FORM00520-5 ARTICLE 10 - MISCELLANEOUS 10.01 Terms A.Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A.No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A.Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A.Any provision or part of the Contract Documents 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 Contractor, who agree that the Contract Documents 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. 000435-08134-0 ”2008 Bonestroo AGREEMENT FORM00520-6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on , 2008 (which is the Effective Date of the Agreement). Owner:Contractor: City of Mounds View, Minnesota By:By: Attest Attest Address for giving notices:Address for giving notices: License No. (Where applicable) Designated Representative:Designated Representative: Name:Name: Title:Title: Address:Address: Phone:Phone: Facsimile:Facsimile: END OF DOCUMENT Item 7I Meeting Date: June 23, 2008 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Resolution 7299 Approving a Letter Agreement with Bonestroo for Preparation of a Local Surface Water Management Plan (LSWMP) Background: The City is currently updating its Comprehensive Plan for submittal to the Metropolitan Council. A requirement for the approval of the Comprehensive Plan is that the City have an approved Local Surface Water Management Plan (LSWMP). A draft LSWMP was prepared for Mounds View by SEH in 2002. However, that plan was never formally approved. Therefore, to meet the requirements of the Comprehensive Plan at this time, either the existing LSWMP must be updated and approved, or else a new LSWMP must be prepared to replace the existing draft plan. Discussion: Significant developments have occurred with regards to storm and surface water within Mounds View since the previous LSWMP was prepared in 2002. Most notably, this includes adoption of new rules by the Rice Creek Watershed District and development of the Street and Utility Improvement Program by the City. The Street and Utility Improvement Program has prompted development of the raingarden program, which is an entirely new program that will have a major impact on the way in which surface water is addressed and managed within Mounds View. The Street and Utility Improvement Program will also spur investigation and development of other surface water features, such as the potential Spring Creek Regional Pond. Given these developments with regard to surface water, it is our opinion that the most effective and appropriate method to approach the LSWMP requirement at this time is to develop a new LSWMP. The existing LSWMP would be used as a resource for the new LSWMP, with information from the existing LSWMP retained and brought forward to the extent practical. Staff has requested that Bonestroo submit a proposal for the preparation of the new LSWMP, since Bonestroo is the consulting engineer working with the City on the development of the Street and Utility Improvement Program and the associated raingarden program. As such, Bonestroo has the greatest existing knowledge of the current surface water issues in Mounds View, and also would represent a continuity of personnel working on materials for the City. Bonestroo has submitted a written proposal for preparation of the LSWMP in the form of a letter agreement. The letter agreement outlines the project understanding, scope of services, and proposed compensation for the preparation of the LSWMP. Upon execution the letter agreement would become a supplement to the existing Professional Services Agreement between Mounds View and Bonestroo for this specific project. A copy of the letter agreement, dated June 19, 2008, is attached to this Staff Report for reference. Cost Estimate: The letter agreement identifies seven Tasks for the completion of the LSWMP. A fixed fee per Task is proposed for six of the seven Tasks, to allow the City to know the exact cost of the work before it is performed. A breakdown of the fee by Task is provided in the letter agreement. The seventh Task is for the coordination of the review of the LSWMP through the Rice Creek Watershed District, including response as necessary to comments by the District. Since the number and extent of the District comments may vary, the Task for that work is proposed to be done on an hourly basis. An estimated amount for this Task is shown in the letter agreement. Direct reimbursables associated with the preparation of the LSWMP, such as mileage for meeting attendance and printing of materials, are proposed to be charged in accordance with the existing Professional Services Agreement between the City and Bonestroo. The total cost for the LSWMP stated in the letter agreement is $16,850. Of this, $14,120 represents the fixed costs of Tasks 1 – 6, while $2,730 represents the estimated total for Task 7 and the reimbursables. Budget / Financing: Funding for the LSWMP would come from two sources. The Professional Services Fund (245-4415-3030) includes $7,000 in the adopted 2008 budget towards the preparation of the plan. The balance of the funding for the LSWMP, estimated at $9,850, would come from the Storm Water Fund (245-4415-5150). The Storm Water Fund has an approximate balance of $43,000 available, after the estimated expense for the Pinewood Storm Sewer Repair is deducted. Therefore, sufficient funds do exist in the adopted 2008 budget for the preparation of the LSWMP. Schedule: The estimated time to prepare the LSWMP is two months. If authorization is given to begin work on the LWSMP, it is anticipated that the plan would be complete by August 30, 2008. This schedule should be compatible with the completion and approval schedule for the Comprehensive Plan. Recommendation: It is recommended the City Council approve Resolution 7299 approving the Letter Agreement with Bonestroo for the preparation of the Local Surface Water Management Plan. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Resolution 7299 x Letter Agreement – June 19, 2008 RESOLUTION 7299 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A LETTER AGREEMENT WITH BONESTROO FOR THE PREPARATION OF A LOCAL SURFACE WATER MANAGEMENT PLAN WHEREAS, Mounds View is currently updating its Comprehensive Plan; and WHEREAS, an approved Local Surface Water Management Plan (LSWMP) is required for the approval of the Comprehensive Plan; and WHEREAS, Mounds View currently has a draft LSWMP from 2002 that is not sufficient for the purpose necessary for the Comprehensive Plan; and WHEREAS, occurrences related to surface water since 2002 make it most appropriate that a new LSWMP be prepared; and WHEREAS, Bonestroo is the consulting engineer currently working with the City on the development of the Street and Utility Improvement Program and the associated raingarden program; and WHEREAS, City Staff requested Bonestroo to provide a written proposal for the preparation of a LSWMP; and WHEREAS, Bonestroo provided a written proposal in the form of a Letter Agreement dated June 19, 2008; and WHEREAS, the aspects of the proposal including scope, schedule and cost for the LSWMP are acceptable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1.The services of the engineering firm of Bonestroo shall be retained for the purpose of preparing a Local Surface Water Management Plan for the City of Mounds View. 2.The Letter Agreement submitted by Bonestroo dated June 19, 2008 is hereby approved. 3.The costs for Tasks 1 – 6 of the work shall be a fixed amount of $14,120. 4.Compensation for Task 7 shall be on an hourly basis based on the actual scope of work entailed. 5.Compensation for direct reimbursables shall be as per the existing Professional Services Agreement between Mounds View and Bonestroo. 6.All other aspects of the work not specifically addressed in the Letter Agreement shall be covered by the existing Professional Services Agreement between Mounds View and Bonestroo. 7.Funds for the preparation of the LSWMP are to be derived from the Professional Services Fund (245-4415-3030) and the Storm Water Fund (245-4415-5150). Adopted this 23rd day of June 2008. (ATTEST)____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ James Ericson, City Administrator City of Mounds View Page 2 LSWMP Proposal June 19, 2008 requirements that have come into being since 2002. In particular, those related to the National Pollutant Discharge Elimination System (NPDES) and the City’s role as a holder of an MS4 permit under that program. 2. Scope of Services The following presents our understanding of the scope of work to update Mounds View’s Local Surface Water Management Plan (LSWMP) as part of the City’s 2030 Comprehensive Plan update and to meet the requirements of the Rice Creek Watershed District. We have identified 7 main tasks necessary to perform this update. These tasks are listed below, followed by a brief description of each, which includes task deliverables and City staff responsibilities. List of Main Tasks Task 1: Data Collection, Meetings, and Project Management Task 2: Miscellaneous Report Content Development Task 3: Assessment Task 4: Integrate Existing Surface Water Models Task 5: Develop Goals and Policies and Implementation Plan Task 6: Report Production Task 7: Review and Approval Task 1: Data Collection, Meetings, and Project Management In terms of data collection, it will be necessary to coordinate efforts with City staff to retrieve data from past City studies and reports, including portions of the draft 2030 Comprehensive Plan. To facilitate data collection efforts with City staff, all anticipated data needs will be summarized in a memo to City staff at the onset of the LSWMP process. In addition, data collection will also involve contacting outside agencies for information relevant to surface water management within Mounds View. In regard to meetings, we are proposing one meeting with staff to review the City Review Draft document and one presentation to the City Council or Planning Commission to provide background on the Agency Review Draft LSWMP and receive authorization to submit the LSWMP to agencies for review. The cost for these meetings includes attendance and preparation of basic visuals, as needed. Project management provides for overall management and coordination of the project, including among other things project oversight, miscellaneous conversations with City Staff, internal communication at Bonestroo, and project administrative tasks not specifically related to other Tasks described below. Deliverables: Memorandum on data needs, monthly invoicing, one staff meeting, and one City Council or Planning Commission presentation. City Staff Responsibilities: City staff will assist in identifying available data and will facilitate the data transfer from outside entities for the project, as necessary. City of Mounds View Page 3 LSWMP Proposal June 19, 2008 Task 2: Miscellaneous Report Content Development On May 25, 2005, Metropolitan Council adopted its 2030 Water Resources Policy Management Plan (2030 Plan). The 2030 Plan adds content requirements for Local Surface Water Management Plans and stipulates this additional content be included with the overall comprehensive plan submittals due in September of 2008. We understand the implication of these requirements and have worked with Met Council staff in interpreting them for inclusion in LSWMPs. We will prepare a LSWMP for the City that addresses current statutory requirements, is compatible with the current Rice Creek Watershed District plan, and addresses the Metropolitan Council requirements for 2030 Comprehensive Plans. Minnesota Statute and Rules require that LSWMPs include the following: 1)Purpose of plan 2)Water resource management related agreements 3)Executive summary 4)Land and water resources inventory 5)Establishment of policies and goals 6)Assessment of problems 7)Corrective actions to problems identified in number 6 8)Financial considerations 9)Implementation priorities 10)Implementation program 11)Amendment procedures Under Task 2, we will develop the report sections and subsections from the above list that are bolded. The other required elements from the list will be developed under separate tasks in the work plan. Though not required by statute, we also propose to include sections titled Regulatory Setting and Related Water Resources Studies, Plans, and Reports. These sections will describe the numerous federal, state, and local agencies with jurisdiction over surface water management in Mounds View. In addition, all applicable documents produced by these agencies impacting surface water management in Mounds View will be identified. These sections will help the reader understand Mounds View’s LSWMP in relation to outside regulation. Although some text from the current draft LSWMP can be used in these sections of this LSWMP, the current draft LSWMP is inadequate to meet the standards of today’s regulatory environment. Therefore the majority of the sections under this phase will include substantial amounts of new text. The executive summary and land and water resource inventory will be supported, at a minimum, by the following figures or maps: City of Mounds View Page 4 LSWMP Proposal June 19, 2008 1)Location Map 2)Soils Map 3)National Wetlands Inventory and DNR Public Waters Map 4)Mounds View 2030 Land Use Map 5)Watershed Management Organization Jurisdiction Map 6)Mounds View Surface Water System Map Deliverables:LSWMP report sections and figures identified above. City Staff Responsibilities: Review and comment on report sections. Task 3: Assessment This section will begin by assessing the current status of the City’s surface water management program, including an assessment of the City’s current official controls, resource management efforts, current surface water management issue, and local regulatory obligations. We will also review the current regulatory requirements of the Rice Creek Watershed District, Met Council, and other applicable state and federal controls and compare them to current City regulatory requirements. Where gaps are identified between the City’s requirements and the outside regulatory requirements, proposed modifications to City standards will be identified that will bring City standards into compliance. Proposed changes to City standards will be incorporated into the goals and policies section and identified as implementation items in the implementation section of the Mounds View LSWMP. Our scope of services includes ordinance review and recommendations for ordinance revisions. It does not include time for rewriting these ordinances. If ordinance revision is recommended, the LSWMP goals and policies will reflect this and an ordinance revision will appear as an implementation item. Beyond comparing standards and recommending ordinance revisions, the assessment section of the report will also summarize water quality and quantity assessments conducted by a variety of entities including: • Rice Creek Watershed District • Minnesota Pollution Control Agency • Neighboring Municipalities Ultimately, the assessment will identify Mounds View’s responsibility for any identified problems, prioritize these problems, and identify actions and/or roles for the City in addressing these problems. These actions or roles will be brought forward into the goals and policies and implementation sections of the LSWMP. City of Mounds View Page 5 LSWMP Proposal June 19, 2008 Deliverables:The assessment section of the LSWMP, surface water management standards comparison, and narrative on the status of current ordinances and proposed ordinance revisions. City Staff Responsibilities:Review and comment on report sections. Task 4: Integrate Existing Surface Water Models The 2002 draft LSWMP includes surface water modeling information from the City’s 1992 Surface Water Management Plan. In addition, the Rice Creek Watershed District has previously prepared surface water system models for portions of the City. This task will review the available modeling information and integrate the modeling output data, providing a valuable surface water management tool for the City and compliance with statutory requirements. This summary will be described in a section of the report and to the extent it is available, each separate model’s input data and output will be summarized within the report appendices. This modeling discussion will be written into the Assessment Section of the LSWMP. The drainage area map will also be updated to the extent necessary. This task does not propose any new modeling or significant remodeling efforts for any portion of the City. Rather, this task will collect, review, and summarize already existing modeling information. Deliverables:Model summary in LSWMP report. City Staff Responsibilities:Facilitate acquisition of modeling data from outside entities. Task 5: Develop Goals and Policies and Implementation Plan Both these LSWMP sections are required by statute. Goal and policy statements are a statutory requirement of Local Surface Water Management Plans. The goals and policies developed for Mounds View will guide how the City approaches surface water management. Given the importance of formulating reasonable goals and policies, we intend to work very closely with staff during this task. Through previous work tasks, we will have provided context for the goals and policies section. This includes providing consistency with the goals and policies of the Rice Creek Watershed District. We propose the goals and policies section be initiated after the tasks identified above are nearly complete. The implementation section describes the necessary measures to address the surface water management issues identified in the assessment section of the LSWMP and the measures to enact the policy statements identified in the goals and policies section. These measures may be policies, ordinance revisions, design standard modifications, maintenance items, or capital improvements. This section will specifically call out surface water system improvement projects and activities to be considered in City budget discussions. The implementation section will also address the financial impact of implementation items and will prioritize these items. City of Mounds View Page 6 LSWMP Proposal June 19, 2008 Deliverables: Deliverables will include the goals and policies and implementation sections. City Staff Responsibilities:Review and comment on these sections. Task 6: Report Production We propose two hard copies of the City Review Draft report for City staff review. To the extent the City might want to distribute additional copies, we will provide an electronic PDF version of the report. It will be identical to the hard copy submittal. Following City review, we will prepare an Agency Review Draft report for submittal to agencies review. We propose four hard copies of this draft – one to the watershed, one to Metropolitan Council, and two for City staff. As with the previous draft, we will create an appended PDF version of this draft for wider distribution, as the City sees fit. Following agency review and comment, we will prepare a final report. We will provide 10 hard copies of the final report and an electronic version. Each report will have several figures (as described above) in 11” x 17” format or smaller. This task includes the activities associated with the assembling and distributing the plans described above. The printing costs for each plan will be billed to the City on a per unit basis, separate from this task. Deliverables:The plans as described above Task 7: Review and Approval We will address watershed comments through response letters and appropriate changes to the LSWMP. Not knowing the extent of comments that the watershed will make on the LSWMP, we cannot definitively price our services in responding to watershed comments. For this reason we are proposing a $1,540 budget which would cover 10-15 comments – a number of comments we consider reasonable. More extensive comments, to the extent they require response, might require additional compensation beyond that outlined here. 3. Modifications to the Scope of Services Additions to Scope If the City wishes to add to the Scope of Services beyond those identified above, written direction and authorization shall be provided by the City prior to proceeding with the work. All such additional work would be performed on an hourly basis, in accordance with the current Professional Services Agreement between Bonestroo and the City. Bonestroo will provide an estimated cost of any such additional work to the City for consideration of whether or not to proceed with the additional work. City of Mounds View Page 7 LSWMP Proposal June 19, 2008 No costs beyond those stated in the compensation section will be charged to the City without prior written authorization from the City for such work. Reductions in Scope If the City wishes to reduce the Scope of Services from those identified above, written direction for such reduction shall be provided by the City prior to beginning work on the item or items to be deleted. The Lump Sum amount will be reduced accordingly for any specific Task included above that is affected by the reduction in Scope. The amount the reduction in cost will be identified to the City upon receipt of the written direction. 4. Compensation Lump Sum Tasks Compensation for the completion of Tasks 1-6, per the Scope contained above, shall be at the Lump Sum amount shown in the following table: Task Cost Task 1: Data Collection, Meetings, and Project Management $3,160 Task 2: Miscellaneous Report Content Development $3,540 Task 3: Assessment $2,290 Task 4: Integrate Existing Surface Water Models $1,900 Task 5: Develop Goals and Policies and Implementation Plan $2,380 Task 6: Report Production $850 Total $14,120 Hourly Tasks Task 7 will be charged on an hourly basis in accordance with our ongoing Professional Services Agreement with the City. For the scope of work for Task 7 described above we estimate a total fee of approximately $1,540 for response to agency review comments. Reimbursables Bonestroo will invoice the City directly for reimbursables in accordance with the current Professional Services Agreement between the parties. It is anticipated that reimbursables will include mileage for project meetings associated with the defined Tasks, and printing costs. Costs for reimbursables will be invoices as they are incurred, based on actual quantities. The plan printing costs will be charged on a unit price basis, as follows: • City Review Draft = $40 per plan copy • Agency Review Draft = $40 per plan copy • Final Plan = $75 per plan copy City of Mounds View Page 8 LSWMP Proposal June 19, 2008 A summary of the estimated expenses is included in the table below. It should be noted that the PDF version of the report would be included with the deliverables at no additional charge. Compensation Summary Item Cost Labor:Tasks 1-6 (Lump Sum Work)$14,120 Task 7 (Hourly Work – Estimate)1,540 Expenses: Printing – City and Agency Draft Report (6 copies at $40 per copy) $240 Printing – Final Report (10 copies at $75 per copy) $750 Miscellaneous (mileage, etc.)$200 Total $16,850 5. Schedule Once authorized to proceed, we can complete Tasks 1 through 5, and Task 6 through the City Review Draft, in 2 months. With the City Review Draft complete, a timely review by City staff (no longer than 3 weeks) is crucial to the success of the schedule. With the submittal to the appropriate agencies, the watershed’s 60 day review and response to their comments requires a minimum of 3 months, though more than this is often needed. The City should plan on a minimum of 4 months to proceed from the City Draft Review stage to fully adopting the LSWMP. Assuming work on the LSWMP was authorized by the City on June 23, 2008, we would anticipate that the City Review Draft be complete by the end of August 2008, and the final report ready to be adopted by the City in December 2008. 6. Conclusion We are pleased to have this opportunity to offer our services to the City of Mounds View for the updating and completion of its Local Surface Water Management Plan. We are prepared to begin work on this project upon authorization, and look forward to continuing and expanding our working relationship with City Staff through this effort. The Project would be prepared under the supervision and coordination of Brad Schleeter, who is responsible for providing surface water management services to the City. Joe Rhein, as our representative to the City of Mounds View, will be involved throughout the project to maintain continuity and coordination with other City projects and initiatives. Item No: 7J Meeting Date: June 23, 2008 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk-Administrator Item Title/Subject: First Reading and Introduction of Ordinance 810, an Ordinance Amending Chapter 8, Section 8.06, and Chapter 12, Section 12.14 of the City Charter Relating to the Certification of Unpaid Property-Based Administrative Offense Penalties Background: The Charter Commission, at the request of the City, has been discussing possible Charter amendments to address a mechanism by which unpaid administrative offense penalties could be certified to the property taxes in a manner similar to a special assessment. The City Attorney has provided information, has attended a Charter Commission meeting and has been in consultation with the Commission during this process to assist with a satisfactory outcome. On June 12 of this year, the Charter Commission approved Resolution 2008-02, which is attached for your reference. Discussion: Attached is Ordinance 810 which incorporates the language adopted by the Charter Commission in Resolution 2008-02. The City Attorney has reviewed the final resolution and is comfortable with the language with the exception of the five underlined words in Section 8.06 as shown below: “The City must provide an opportunity for a hearing regarding the method of payment before either the City Council or a neutral third party as specified in City Code.” Staff has communicated to Chair Thomas our concern with this underlined language and we have invited the Chair and/or commission members to attend this meeting. The City Attorney will be present at the City Council meeting to elaborate further on the underlined passage. Recommendation: Staff recommends the City Council approve the first reading and introduction of Ordinance 810, an ordinance amending Chapter 8, Section 8.06, and Chapter 12, Section 12.14 of the City Charter relating to the certification of unpaid property-based administrative offense penalties. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. The public hearing and second reading is scheduled for Monday, July 14, 2008, at 7:05 pm. Ordinance 810 Report June 23, 2008 Page 2 Respectfully submitted, _________________________ Jim Ericson Clerk-Administrator Attachments: 1. Charter Commission Resolution 2008-02 2. Ordinance 810 ORDINANCE NO. 810 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.06, AND CHAPTER 12, SECTION 12.14 OF THE CITY CHARTER RELATING TO THE CERTIFICATION OF UNPAID PROPERTY-BASED ADMINISTRATIVE OFFENSE PENALTIES THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 8 of the City Charter be amended by the addition of the new Section 8.06 as follows: CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.06. Certification of Administrative Offense Penalties. Authority is granted to the City of Mounds View to certify unpaid property-based Administrative Offense penalties by certification to property taxes. Collection of Administrative Offense penalties shall proceed only in accordance with an ordinance adopted by the Council that must require at least the following: The City must give notice to the property owner listed on the official tax records at least 30 days prior to imposing the certification. The City must attempt to obtain voluntary payment of the fees and penalties and allow the property owner the opportunity to request certification as a method of payment. The City must provide an opportunity for a hearing regarding the method of payment before either the City Council or a neutral third party as specified in City Code. Administrative Offense penalties and charges must be directly related to the property being assessed according to City Code and as published in the fee schedule. Certifications under this ordinance shall be imposed pursuant to MN State Statutes including 366.011, 366.012, 415.01, and 429.101, as amended and as specified in City Code. SECTION 2. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 12 of the City Charter be amended by the addition of new language in Section 12.14 and the former language in Section 12.14 be renumbered as Section 12.15 as follows: Ordinance 810 Page 2 of 2 CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.14. Fines and Civil Penalties. The Council may provide by ordinance that a violation of a City ordinance is either a misdemeanor or a petty misdemeanor, punishable in accordance with State law. The Council shall establish by ordinance a procedure for imposing a civil penalty known as an administrative offense as defined in City Code. Section 12.15. This Charter becomes effective January 1, 1980, or thirty days after adoption, whichever comes later. SECTION 3. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 23rd day of June, 2008. Read and passed by the Mounds View City Council on this 14th day of July, 2008. Publication Date: July 23, 2008 __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Jim Ericson, Clerk-Administrator (SEAL) Item No: 08A Meeting Date: June 23, 2008 Type of Business: CA City Administrator Review: __________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2008. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2007. The majority of the licenses are renewals, so at a minimum, they were licensed in 2007. The type of license they are applying for follows the company name. Oak Hill Tree and Landscaping Tree Trimming/Removal New Staff Recommendation: Approve license applications as requested. Item No.: 08C Meeting Date: June 23, 2008 Type of Business: CA City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7296 Approving 2008-2009 Business Licenses All City of Mounds View business licenses will expire June 30, 2008. Staff is recommending that the Council approve business licenses for the businesses listed in Resolution 7296 contingent upon the City’s receipt of the appropriate fees, applications, proof of insurance and satisfactory reports from the appropriate departments and organizations. Respectfully Submitted, Desaree M. Crane RESOLUTION 7296 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution Approving Business Licenses for 2008-2009 WHEREAS, all City of Mounds View Business Licenses expire June 30, 2008; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of the business licenses for the businesses listed in Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve business licenses for the businesses listed in Exhibit A contingent upon the City’s receipt of the appropriate fees, application materials, proof of insurance and satisfactory reports from the Ramsey County Health Department and the Fire Marshal. Adopted this 23rd day of June, 2008 Rob Marty, Mayor ATTEST: James Ericson, Clerk-Administrator (seal) EXHIBIT A Local Company License Local Address Ace Solid Waste, Inc Garbage and Rubbish Hauler License Anoka, MN Aspen Waste Systems, Inc. Garbage and Rubbish Hauler License Minneapolis, MN The Mermaid (Arcade) Amusement Devices and Centers License 2200 Highway 10 Robert's Sports Bar and Entertainment Amusement Devices and Centers License 2400 County Road H2 Big Top Discount Liquors Cigarette and Tobacco License 2577 Highway 10 BFI Waste Systems of North America Garbage and Rubbish Hauler License Inver Grove Hts, MN Brandvold, Jason and Rebekah Residential Kennel License 2757 Sherwood Road Burger King #4116 Restaurant License 2651 County Rd I Caribou Coffee Restaurant License 2585 Highway 10 CVS Pharmacy #5999 Cigarette and Tobacco License 2800 County Road 10 Dominos Pizza Restaurant License 2548 Highway 10 Fedor's Market Cigarette and Tobacco License 5491 Adams St. North Holiday Gasoline License 2732 Highway 10 Holiday Cigarette and Tobacco License 2732 Highway 10 Keith Krupenny & Son Garbage and Rubbish Hauler License West St. Paul, MN KFC #Y067042 Restaurant License 2213 Highway 10 Moe’s Amusement Devices and Centers License 2400 Highway 10 Moe’s Restaurant License 2400 Highway 10 Mounds View Best Steak House Restaurant License 2555 Highway 10 Long John Silvers Restaurant License 2219 Highway 10 Mounds View BP, Inc. Cigarette and Tobacco License 2155 Highway 10 Mounds View BP, Inc. Gasoline License 2155 Highway 10 Onyx Waste Services Midwest, Inc. Garbage and Rubbish Hauler License 1375 7th Avenue McDonald's Restaurant License 2201 Highway 10 Pink Flower Vietnamese Restaurant Restaurant License 2563 Highway 10 R.J. Riches Restaurant Restaurant License 2145 Highway Avenue Randy's Sanitation Garbage and Rubbish Hauler License Delano, MN Ray Anderson & Sons Co. Inc. Garbage and Rubbish Hauler License St. Paul, MN Robert's Sports Bar and Entertainment Restaurant License 2400 County Road H2 Saturn of St. Paul Automobile Sales License 2375 Highway 10 Seehafer, Wayne Residential Kennel License 8009 Red Oak Drive Sham-O-Jets Kennels Commercial Dog Kennel 7700 Long Lake Local Company License Local Address Stolz, Elizabeth (Dr.) Residential Kennel License 8320 Pleasant View Dr. Snyder's Drug #5044 Cigarette and Tobacco License 2553 Highway 10 SuperAmerica #4264 Cigarette and Tobacco License 2640 County Road I SuperAmerica #4264 Gasoline License 2640 County Road I Subway Restaurant License 2546 Highway 10 Taiko Sushi Bar Restaurant License 2394 Highway 10 The Mermaid Restaurant License 2200 Highway 10 The Mermaid Bowling License 2200 Highway 10 Totino’s Italian Kitchen Restaurant License 2535 Highway 10 Wynnsong 15 Amusement Devices and Centers License 2430 Highway 10 Twin City Refuse Garbage and Rubbish Hauler License St. Paul, MN VASKO Solid Waste Garbage and Rubbish Hauler License 309 Como Avenue Veit Corporation Garbage and Rubbish Hauler License Rogers, MN View Market (aka Sam’s Market) Cigarette and Tobacco License 2408 County Rd I Vino & Stogies Cigarette and Tobacco License 2345 County Road H2 Walgreens #06447 Cigarette and Tobacco License 2387 Highway 10 Walter's Recycling and Refuse Garbage and Rubbish Hauler License Circle Pines, MN Waste Management of Minnesota Garbage and Rubbish Hauler License Blaine, MN Item No: 8.D. Meeting Date: June 23, 2008 Type of Business: Consent Agenda Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Schnur, Lead Utility Operator Item Title/Subject: Resolution 7300 Authorizing Staff to Enter Into An Agreement With the City of Columbia Heights for the Use of Water Meter Reading Equipment. Background: The City installed an automated meter reading system in the Fall of 1995 through the Spring of 1996. The initial install consisted of around 350 Radio read devices when phone lines were not accessible. Through the years these radio devices, which have been very reliable, have increased from the initial 350 to around 825. In the beginning the City read its own meters, which took two people a day to read, but now would take two people, two days plus. For the past few years, HD Supply Waterworks has read our meters for us for free, but now have started to charge us a reading fee. Discussion: There are three viable solutions: 1.) The City purchases its own Mobile reading unit and read the current 825 Sensus Radio units with current staff. This consists of a Vehicle Transceiver Unit (VXU) and Auto Read Software upgrades. No additional staff time would be required to obtain the readings, because it could be done at the same time as staff collects the readings of the new radio system. This would be a total cost of $21,700.00 plus tax. 2.) The City could continue to hire HD Supply Waterworks every quarter at a current cost of $500.00 per quarter. 3.) The City could enter into an agreement, or a letter of understanding type agreement with the City of Columbia Heights, to use their VXU. Columbia Heights is asking for; a. A share of all future upgrades to the (VXU) in a percentage of meters read. Columbia Heights reads around 6000 meters, and Mounds View reads around 825, so Mounds View would pay approximately 15% of all future upgrades. (Columbia Heights just upgraded their software for their VXU’s and does not expect to have to upgrade for 5 years) b. If the VXU unit gets damaged while Mounds View staff is using the equipment, that Mounds View will pay to have it fixed up to the $1,000.00 deductable. The City of Mounds View would also have to purchase the current software to get the VXU to communicate with the computer in Utility Billing at a cost of $3,000.00 plus tax. This price includes installation of the software, and training on the use of the VXU and software. Recommendation: It is the recommendation of staff to enter into an agreement with the City of Columbia Heights to use its VXU mobile reading device, and purchase the required software at a cost of $3,000.00. Respectfully submitted, ________________________ Michael Schnur, Lead Utility Worker RESOLUTION NO. 7300 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING STAFF TO ENTER INTO AN AGREEMENT WITH THE CITY OF COLUMBIA HEIGHTS FOR THE USE OF WATER METER READING EQUIPMENT WHEREAS, The City of Mounds View has 825 water meters that require the use of a specialized and proprietary meter reader, and WHEREAS, The vendor recently began charging the City $500 per quarter for reading those meters, and WHEREAS, The City of Columbia Heights has a meter reader and will allow the City to use it to read our meters provided we are responsible for any damage during our use and we will assist in the cost of future upgrades, and WHEREAS, The City would need to purchase software at a cost of $3,000 to utilize the meter reader. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That staff is authorized to sign a letter of agreement with the City of Columbia Heights for use of their meter reader. 2. That staff is authorized to purchase the necessary software to utilize the meter reader. 3. That the funds to finance this project will be derived from the Water Enterprise Fund, under the water infrastructure and equipment department, capital equipment account (account 700-4823-7030). Adopted this 23rd day of June, 2008 ___________________________________ Rob Marty, Mayor ATTEST: ___________________________________ Jim Ericson, City Clerk-Administrator (SEAL) 335237v2 SJR MU125-11 Kennedy 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: June 19, 2008 To: Jim Ericson, City Clerk-Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters. Discuss aspects of Chapters 606 and 607 and the charging language of Title 1100 as to the enforcement of weed and tall grasses and zoning issues with City staff. Work with City staff to review and revise ultimate fighting ordinance. Work with City staff to review and revise special events ordinance. Review sign language interpreter statutes and draft memorandum re providing sign language interpreters at City functions. Matters are completed. MU125-14: Public Works. Lions Park Joint Powers Agreement – consult with staff and work on draft of agreement. Matter is pending. MU125-32: Police Department Matters. Review proposed Joint Powers Agreement re the Republican National Convention to be held in St. Paul in late August, 2008. Draft various memos to City staff. Matter is pending. MU125-47: General Zoning Matters. Condo code amendment -- work with staff and draft code amendment as to CIC’s. Work on updated draft ordinance. Matter is presently pending. Mr. Jim Ericson June 19, 2008 Page 2 335237v2 SJR MU125-11 MU210-4: City Charter. Work with Charter Commission and City staff re recent Charter updates. Provide language regarding Charter Sections 8.06 and 12.14. Review revisions to proposed language in Charter Commission resolution and confer with City staff and Charter Commission member regarding same. Matter is presently pending. MU210-26: The Mermaid. Review plat amendment and PUD amendment. Work on draft of plat opinion. Waiting for further title work and revise plat from applicant. Matter is presently pending. MU210-43: Silver Lake Woods Condominium Association. Work with City staff to determine requirements that S.L.W.C.A. needs to undertake regarding roads. Work with attorney Pat Brinkman regarding matter. Discuss updates to Petition and Waiver Agreement with City Council and Staff and forward revised Agreement to SLWCA attorney. Matter is presenting pending. MU210-54: City Code Updates. Revise Section 1102.02, Subd. 129. Matter is complete MU210-76. Longview Estates. Research issue as to whether the developer of the Longview Estates parcel has a vested right to develop lots on the property that are equivalent to the number of sanitary sewer stubs that were installed. Draft memorandum re utilities, zoning, subdivision and vested rights. Research and further review of assessment reimbursement issue. Matter is pending. MU210-85: Red Oak Estates No. 3. Review new CIC issues. Discuss possible letter to county and Brinkman and with City Council. Work on draft of letter to County. Matter is pending. MU210-111: Personnel Matters. Consult with City staff re termination of employee. Matter is complete. MU210-107: Telecommunications Matters. Review Verizon lease amendment re: gas generator and service line. Continue to work with Verizon and City staff re specific aspects of this project and final amendment language. Matter is presently pending. MU210-163: 1964 Highway Easement/Hillview Matter/Xcel Easement, Etc. Conduct research regarding 1964 Highway Easement with regards to City Interests. Consult with City staff re same. Continue to work with Xcel Energy and City staff re shut-off valve issue and easement issues. Draft letter for Mayor and Clerk-Administrator in response to Xcel letter. Matter is presently pending. MU210-172: 2008 Street Maintenance Project. Review bid documents, contract, etc. and report back to City staff and consulting engineer regarding same. Matter is complete. Mr. Jim Ericson June 19, 2008 Page 3 335237v2 SJR MU125-11 EDA MATTERS: MU205-13: EDA General. Review and propose updates to EDA By-Laws, etc. Provide initial draft of updated By-Laws. Matter is presently pending. MU205-30: Medtronic. Work with staff on code revisions, etc. concerning billboards. Review requirements for issuance of TIF Note and update TIF Note, etc. Matter is presently pending.