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HomeMy WebLinkAboutAgenda Packets - 2007/07/02 CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Monday, July 2, 2007 7:00 p.m. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller PUBLIC COMMENT 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 and sign in on the sign-in sheet located on the podium. Agenda Items Discussed by Consensus _________ 1. Festival in the Park A. Presentation of Wish List B. Review Draft of 2007 Festival in the Park Contract C. Purchasing Festival in the Park T-Shirts for City Staff ________ 2. Spring Lake – Lake Owners Association Resident Presentation ________ 3. Review Summer Watering Regulations ________ 4. Petition Regarding Pool Fences ________ 5. Update on Recreational Burning Ordinance Enforcement ________ 6. Property Code Violation Issues at 8310 Eastwood Drive Next Work Session: Monday, August 6, 2007 at 7pm Next City Council Meeting: Monday, July 9, 2007 at 7pm Item No.1A-C Meeting Date: July 2 , 2007 Type of Business: WK 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: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Festival in the Park (Revised as of July 2 @ 939am) A. Presentation of Wish List At the May Work Session, the Mounds View City Council directed the Festival in the Park Committee to draft a “Wish List” of items that the City could consider donating to the Festival. Below is a list of those items: Insurance $1,000.00 Professional Bands $1,000.00 Port-a-Potties $800.00 Marching Band $1,000.00 Use of City Copier Machine $500.00 Advertising $1,000.00 Car and Tractor Show $1,000.00 If the City Council agrees with this Wish List, then Staff will draft a Resolution for the July 23rd City Council Meeting authorizing the donation to the Festival in the Park Committee. The $1,000.00 for the Car and Tractor Show would cover for the Dash Plaques and the music DJ. B. Review of the 2007 Festival in the Park Contract Attached is a draft of the 2007 Festival in the Park Contract. Please make any changes you feel necessary, and Staff will send this off to the City Attorney for his review. Staff will be presenting a final draft of the Festival in the Park Contact at the July 23, 2007, City Council Meeting. C. Purchasing Festival in the Park T-Shirts Festival in the Park Committee Members would like each city employee to have a Festival in the Park T-Shirt. The cost of the T-Shirts are $10.00 (medium, large and extra large), or $12 for XXL and XXXL. The total cost of these t-shifts would be approximately $600.00, and could be taken out of central services (100-4160-1600). The committee would like the City Council and staff to wear these t-shirts at the July 23rd meeting. Currently, the t-shirt contest winner is scheduled to be at the July 23rd meeting, and it would be great advertising if the City Council and staff to wear the t-shirts designed by the contest winner. If the City Council concurs with this purchase to City Employees, then the purchase would be presented for City Council Approval on July 9th. FESTIVAL IN THE PARK AGREEMENT THIS AGREEMENT is entered into this ____th day of ________, 2007, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the “City”) and Festival in the Park of Mounds View, a Minnesota non-profit corporation (the “Corporation”). WHEREAS, the City is owner of City Hall, City Hall Park, and Community Center (collectively the “Park”) located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “Mounds View Festival in the Park” (the “Festival”), to be held on August 19, 2007; and WHEREAS, pursuant to Minnesota Statutes, Sections 47115-.191 and other law, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Tournament and Festival; and WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and WHEREAS, the Corporation is willing to undertake the Tournament and Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Tournament and Festival. The Corporation will sponsor and coordinate all aspects of the Tournament and Festival. 2. Time and Performance. This Agreement will begin as of August 19, 2007, and will terminate as of August 20, 2007 (the “Termination Date”). 3. City Contribution. In support of the community-based Tournament and Festival, the City will provide a contribution of up to $4,250.00, which includes the $140.00 dollar amount to be paid by the Corporation to the City for the amusement license necessary for the Festival, with the amount of such actual monetary contribution to be reduced by the cost to the City of providing city staff assistance to the Tournament and Festival. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. Then up to $4,250.00 City contribution shall be reduced by the amount of the personnel costs paid by the City for the Festival as set forth in Exhibit A. The city will provide the assistance of City equipment to assist the Corporation as set fort on Exhibit B, which is incorporated herein by reference. The city will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. The City will pay up to the above-referenced amount, minus the appropriate reductions, to the Corporation after the City’s payroll period following the Festival. If the Agreement should be terminated for any reason prior to the Termination Date, the Corporation will be compensated on a pro rata basis for the period of time that this Agreement was in effect. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefore. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation is an independent contractor and it shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. The Corporation shall provide Workers’ Compensation coverage in the statutory amount required for all individuals performing services under this contract such as contractors’ employees, subcontractors, independent contractors, etc. d. The Corporation shall provide Employer’s Liability insurance coverage (Part B. of the Workers’ Compensation Policy) in the amount of $100,000 bodily injury each accident, bodily injury by disease $500,000 policy limit, $100,000 bodily injury by disease each employee. e. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all policies of insurance shall be submitted to the City Clerk- Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. f. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B, which is incorporated herein by reference. b. Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City’s request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the past three years prior to execution of this Agreement and a financial report including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following addresses: City: 2401 Highway 10 Mounds View, MN 55112 ATTN: Clerk-Administrator Corporation: 2101 Hillview Rd Apt. 2 Mounds View, MN 55112-5843 ATTN: Theresa Cermak, President or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which is incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and against and from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing of the expenditure of funds contributed by the City to the Festival and the Corporation. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first above. CITY OF MOUNDS VIEW By: Its: Mayor By: Its: Clerk-Administrator FESTIVAL IN THE PARK OF MOUNDS VIEW By: Its: By: Its: EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers X 20 hrs @ approx. $32/hr _________ 3 seasonal workers X 12 hrs @ approx. $13.hr _________ 2. Police: 2 officers X 8 hrs @ approx. $55/hr _________ Total: __________ EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: Large box 1 ton truck Small box 1 ton truck 1 Large dump truck 2 -Pick up trucks Tandem trailer Front-end loader City generator Post pounder 2 Utility trucks 2 Golf carts Hoses Extension cords Water shut off keys Barricades 2. Fire Dept: Fire truck Item No. 3 Meeting Date: July 2, 2007 Type of Business: WK 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: Michael Schnur, Lead Utility Operator Item Title/Subject: Water Conservation – Sprinkling / Irrigation Policy Background: The City currently has an odd/even watering policy. It allows customers to water their grass on odd numbered days for odd numbered addresses and even days for even numbered addresses. This policy has served the City well in the past, but has become outdated. Discussion: The City is subject to an annual permit fee from the DNR (Department of Natural Resources) for all water pumped by the City. This fee is on a prorated scale of: Over 500 million gallons= $7.50 / million gallons 451 to 500 million gallons= $7.00 / million gallons 401 to 450 million gallons= $6.50 / million gallons and so on Last year the City of Mounds View pumped just over 501 million gallons. The DNR also just started a summer surcharge program in 2005. Which is “A surcharge of $20 per million gallons will be applied to the volume of water used in each of the months of June, July, and August that exceeds the volume of water used in January of each year. The summer surcharge applies to municipal water use, irrigation of golf courses and landscape irrigation. This is a surcharge in addition to the regular fee rate based on the yearly total volume used.” In 2006 the summer surcharge was $2,040.00. However, there has been a heightened awareness of environmental issues and an increased desire to conserve natural resources that could be addressed in the City’s watering policy. During the high demand months there are times when the water supply is diminished to low levels. The City needs to supply adequate water levels for everyday in home usages and fire protection. These efforts are compromised when all residents do not follow the lawn watering restrictions. The City is also restricted on when it can pump water because of an energy savings program. Also with new fees from the Department of Natural Resources, for extra summer pumping, along with better resource sustainability, it is time to increase the restrictions on summer lawn watering. Many of the City’s neighbors are already going to a more restrictive watering policy than just odd/even. City’s such as, 1. Blaine, Tier 1 All properties with addresses that end with an odd number (such as 8801) may sprinkle on odd numbered calendar days and properties with addresses that end with an even number (such as 1100) may sprinkle on even numbered calendar days. Tier 2 IN ADDITION to the above Tier I odd/even restriction, sprinkling is prohibited by all properties between the hours of 10:00 AM and 7:00 PM. Tier 3 All lawn sprinkling by all properties is totally restricted 2. Andover, Even numbered houses (last digit of house address) can water lawns on even numbered calendar days. Odd numbered houses can water on odd numbered calendar days. NO watering is allowed, odd or even, between the hours of 12:00 noon and 6:00 p.m. everyday. Only one (1) written warning will be issued for violators. The second violation carries a penalty set by City Council resolution for the first day and a penalty set by City Council resolution each following day thereafter. Newly sodded or seeded yards will be exempt from the odd- even restriction for a period of two weeks. Over seeding or spot patching of existing established yards can be watered every day with a hand-controlled hose. Remember, NO watering allowed between 12:00 noon and 6:00 p.m. Other exemptions are: car washing, filling of children’s swimming pools, children playing in a hose operated sprinkler or water toy. 3. Fridley During extremely dry periods of the year, the City of Fridley may institute a watering ban. At present, there is no watering ban in effect. If a watering ban were in effect, more detailed information would be available. If you have questions at this time or need additional information on water bans in the City of Fridley, please call 763-572-3566. 4. New Brighton Even numbered addresses may sprinkle on even numbered calendar dates Odd numbered addresses may sprinkle on odd numbered calendar dates Newly seeded or sodded lawns may be sprinkled every day for a period not to exceed three weeks Violation of these policies is punishable by a fine of $40 The City asks that you avoid lawn sprinkling during the peak demand hours of 4pm to 10pm on hot, dry summer days 5. Shoreview The City will continue the water restriction program in 2007, using the odd/even day water use restrictions between May 15 and September 15. Residents with even numbered houses (last digit of house address) can water lawns on even number calendar days, odd numbered houses on odd number calendar days. 6. Spring Lake Park Even numbered addresses may sprinkle on even numbered calendar dates. Odd numbered addresses may sprinkle on odd numbered calendar dates. This is a Year round policy except in an extreme drought, in which case it would be ordered to be a complete ban. Half of our close cities prohibit, or ask residents not to water during the middle of the day. (This is the period of time during the middle of the day, which creates the most evaporation, and does the least amount of good for the lawn). Evaporation rates can also be between 30 and 40 percent on summer days. Some reports even say it is damaging to the grass because daytime watering can burn the grass due to the water drops causing small magnifying glasses on the blades causing the grass to burn. Current Code: EMERGENCY WATER CONSERVATION REGULATIONS: The Council may impose emergency regulations pertaining to the conservation of water by resolution of the Council and by gibing notice by publications or by posting in the City Hall and at such public places as the Council may direct. A water sprinkling ban may be implemented by the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor. The lawn sprinkling ban may be implemented for the months of May, June, July, August and September by specifying dates and times. (1988 Code 70.18: 1993 Code) Proposal: Tier # 1 restrictions: May 1st thru September 31st All properties with odd number addresses (7501) may water on odd numbered calendar days (June 11), and all properties with even numbered addresses (2612) may water on even numbered calendar days (June 10). Plus, no lawn watering between the hours of 11 A.M. and 6 P.M. Tier # 2 restrictions: May 1st thru September 31st by order of the City Administrator All lawn sprinkling by all properties is totally restricted. The above restrictions do not apply to: • Private Wells. • The City of Mounds View watering multi public uses facilities / parks or athletic fields which require more frequent watering to prevent unreasonable damage. •The hand watering of plants, flowers, gardens, or trees using a hose. •Exemptions will be made for new sod and seed for 30 days with the Public Works Department. •Other exemptions will be washing of vehicles, filling swimming pools, and children playing in a hose operated sprinkler or water toy. This Restriction will always be Tier #1 unless ordered by the City Administrator. Notice will be published in the New Brighton Bulletin, on the city’s electronic message board, on the City website site and posted on city property. One written warning will be issued to all violators. The second and subsequent violations will carry the following penalties: 1st violation written warning 2nd violation $50.00 fine 3rd violation $100.00 fine 4th violation $200.00 fine 5th violation turned over to the City Attorney for criminal prosecution of theft A new watering policy should also reduce the total amount of water demand on the system, which would help ensure the sustainability of the resource, less stress and fatigue on the pumping infrastructure, and reduce the potential even more of running out of water, on hot dry summer days when Xcel requires the city to go to ZERO draw on its water production system. I.e. turn off the power to all the city’s water production facilities, and run off generator power. The two options: 1. Keep the current policy, which will put a greater strain on City pumping requirements during the day. Which will also waste more water due to evaporation, and by some people’s accounts, damage grass by burning it. Or 2. Adopt the above changed policy, which will balance out daily use surges, waste less water due to evaporation, and provide a lesser risk of dangerously low water levels during peak control time periods. Recommendation: Therefore it is staff’s recommendation to adopt the above new lawn watering policy. Respectfully Submitted, Michael Schnur Lead Utility Operator Item No.06 Meeting Date: July 2, 2007 Type of Business: WK - Information 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: Heidi Heller, Planning Associate Date: June 27, 2007 Item Title/Subject: 8310 Eastwood Road Kasey Keckeisen, Community Police Officer, has set up a meeting with the renters for Tuesday, July 10th at 5:30pm, here at City Hall. At this point, staff is planning to first meet with the renters, and then determine if a meeting with neighbors would be beneficial. City Staff has been receiving complaints about this property since 2004. First about the property owners, Keith and Amanda Preciado, when they lived here, and now continuing with the group of people who have been renting the house for at least a year. Court citations were issued to both Keith and Amanda Preciado in December 2004 for operating a towing & auto repair business out of the home, along with requesting that corrective actions be taken on the property, one being to restore the grass alongside the driveway. Staff has sent several letters since September 2004 to the property owners and the renters, requesting that the dirt area next to the driveway be repaired and as of yet, nothing has been done. Both the Preciados and the renters have used this area for parking. This may not be reasonable to abate in that if the City were to fill in the area and put sod or grass seed down, the grass would need to be regularly watered by someone in order for it to survive. Staff first contacted the renters last fall, and at that time they told staff that there were five people living in the house. Staff indicated to them that there were too many people living there. City Code allows a maximum of four unrelated people to live in one residence, or a “family” of related people may have two boarders. Staff once again contacted the renters in May 2007 to determine how many people were living there, and were told that there were five. Staff again indicated that there were still too many people living in the house and that someone would need to leave. One of the renters contacted staff again at the end of May 2007 to say that he was moving out June 1st, which would leave four people living in the house. Staff has been told that the property owners, the Preciados, now live in Arizona and we have no contact information for them there. Letters sent to 8310 Eastwood Road addressed to the Property Owners and/or the Preciados since 2006 have been unanswered.