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HomeMy WebLinkAboutAgenda Packets - 2003/07/28CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, July 28, 2003 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn 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 7. A. JUST AND CORRECT CLAIMS B. AUTHORIZATION FOR EXPENDITURES 1. New City Network Computer Server 2. Replacement of Voice Mail System 8. CONSENT AGENDA A. Licenses for Approval B. Consideration of Resolution 6069 Approving Policy for Public Utility Account Collections (Hansen) C. Resolution 6066 Authorizing the Police Department to enter into an agreement with CitizenObserver.com for access to and presence on their law enforcement website. (Sommer) D. Resolution 6068 Authorizing the Police Department to grant a non-paid summer internship to a law enforcement college student for the remainder of the summer of 2003. (Sommer) E. Resolution 6065 Approving a Permit Application for CLIMB (Creative, Learning, Ideas for Mind and Body), a charitable organization, to conduct Charitable Gambling at Robert’s off 10 located in the City of Mounds View (Crane) F. Resolution 6067 Authorizing a Purchase of Tripod for Cable Department. (Gammel) 9. COUNCIL BUSINESS A. 7:05 P.M. Public Hearing, Second Reading and Adoption of Ordinance 717, an Ordinance Amending the City Code Relating to On-Sale Liquor Establishments Hours of Operation (Ericson) B. Finance Department Quarterly Report (Hansen) C. Consideration of Resolution 6059 Authorizing Execution of a Two-Year Legal Services Agreement with Kennedy & Graven (Ulrich) D. Resolution 6064 Authorizing Bids and Specifications and Establishing a Bid Date for the County Road H Sidewalk Project. (Lee) City Council Agenda July 28, 2003 Page 2 10. APPROVAL OF MINUTES A. June 14, 2003 City Council Minutes will be approved on August 11, 2003. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff: 1. Direction Requested in Response to City Attorney Report in Response to Supreme Court Ruling Regarding Public Facilities Zoning District (Ericson) 2. Direction Requested in Response to Letter Received from Ramsey County Related to CDBG Funding (Ericson) C. Reports of City Attorney 12. Next Council Work Session: Monday, August 4, 2003 Next Council Meeting: Monday, August 11, 2003 13. ADJOURNMENT Item No.08A Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Barb Benesch Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Meeting Date: July 28, 2003 Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2003. 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 2002. Those companies renewing their license were licensed, at a minimum, in the year 2002. The type of license they are applying for follows the company name. Bartlett Contracting, Inc. – HVAC – New Bergman Plumbing – HVAC – New Bremer Construction, Inc. – General (Commercial) – New DMJ Corporation – Asphalt – Renewal Pascual Signs – Sign – New Staff Recommendation: Approve license applications as requested. Item No: 8D Meeting Date: July 28, 2003 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mike Sommer, Police Chief Item Title/Subject: Authorization to grant a non paid internship to a Law Enforcement College Student for the summer of 2003 Date of Report: July 28 2003 Background: Students enrolled in law enforcement programs are required to complete internships with law enforcement agencies. These internships allow students to gain insight into the operation of a police agency, and at the same time a police agency is able to utilize the services of the intern to assist with projects and other work at no cost to the police agency. Discussion: A Hibbing Community College law enforcement student seeking a non-paid internship recently contacted The Mounds View Police Department. The student in question will be residing in the city of Mounds View during the remainder of the summer of 2003. The College program the student is enrolled in requires him to complete 240 intern hours with a Police Department. The student, Jeremy Seagren, was interviewed by the Police Chief who feels the student would be a suitable intern for the Police Department. Recommendation: Staff recommends authorization be given to the Police Department to grant an internship to Jeremy Seagren. The intern will be expected to complete up to 240 hours of non-paid internship work within the Police Department. The work will include assisting staff with projects and doing ride a longs with patrol officers and other work as assigned. This internship will be of benefit to both the Mounds View Police Department and the College student. _____________________ Respectfully submitted by Mike Sommer, Police Chief RESOLUTION 6068 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING A NON-PAID INTERSHIP IN THE POLICE DEPARTMENT TO HIBBING COMMUNITY COLLEGE STUDENT JEREMY SEAGREN WHEREAS, law enforcement students are required to complete internships with law enforcement agencies, and; WHEREAS, the Police Department was contacted by a Hibbing Community College law enforcement student- Jeremy Seagren, requesting a non paid internship with the Mounds View Police Department, and; WHEREAS, the intern would be utilized to assist staff with projects and do some ride a longs with Officers, and; WHEREAS, having a non-paid intern available to the Police Department would be of benefit to both the city of Mounds View and the student receiving the internship, and; WHERAS, the intern would not receive any payment for the hours of his work, but would be covered by workers compensation insurance, and: NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize staff to grant a non-paid student internship to Jeremy Seagren for the summer of 2003. Adopted this 28h day of July 2003. _______________________________ Jerry Linke, Mayor ATTEST _______________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No: 09A Meeting Date: July 28, 2003 Type of Business: PH & CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Interim City Administrator Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 717, an Ordinance Amending the City Code Relating to On-Sale Liquor Establishments Hours of Operation Introduction: At the worksession on July 7, 2003, the Council directed staff to put draft Ordinance 717 on the Council agenda for first reading on July 14th and second reading on July 28th. The Council also asked that a public hearing be set and advertised to ensure the public had sufficient notice of the proposed changes. The public hearing has been scheduled for the July 28, 2003 meeting. The ordinance was introduced and the first reading approved on July 14, 2003. Discussion: Ordinance 717 amends the City Code to allow on-sale liquor establishments to serve alcohol until 2:00 am. Our Code does not simply reference Minnesota statutes regarding hours of operation so an amendment to our Code is necessary to allow the Mounds View on-sale establishments to stay open until 2:00 am. As communicated in the July 14 staff report, staff has received almost 50 responses from residents regarding the 2:00 am question. The pros and cons for the change were not articulated to prevent the appearance of bias. As of July 18, we had received 51 responses—23 favoring the change and 22 opposing the change. Six responses either took no position or indicated that their answer would depend on other factors, such as if there were adequate police staff on hand. The responses (without names or addresses) are attached as Exhibit 1. Also, staff received a letter from Jake’s Sports Café which is attached to this report indicating their support for the change. Representatives from The Mermaid and Roberts have vocalized their support of the change as well. Chief Sommer will be in attendance at the meeting and will be available to respond to any questions the Council may have relating to enforcement and/or impact upon the department. Recommendation: Hold the public hearing and consider all testimony regarding the proposed ordinance. Barring any significant objections, staff recommends adoption of Ordinance 717. _____________________________________ James Ericson Interim City Clerk/Administrator ORDINANCE NO. 717 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 502 OF THE MOUNDS VIEW MUNICIPAL CODE PERTAINING TO INTOXICATING AND 3.2 PERCENT LIQUOR THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Chapter 502 of the Mounds View Municipal Code pertaining to “Intoxicating Liquor” is hereby amended with new language underlined and language to be deleted stricken to read as follows: 502.12: HOURS AND DAYS OF SALES: Subd. 1. General Restrictions: No on-sale shall be made between the hours of one two o'clock (1 2:00) A.M. and eight o'clock (8:00) A.M. on any weekday. No off-sale shall be made before eight o'clock (8:00) A.M. or after eight o'clock (8:00) P.M. on any day except Friday and Saturday, on which days off-sale may be made until ten o'clock (10:00) P.M. No off-sale shall be made on Thanksgiving Day or Christmas Day, December 25, but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off-sale may be made until ten o'clock (10:00) P.M.; except, that no off-sale shall be made on December 24 after eight o'clock (8:00) P.M. Subd. 2. Sunday Sales: Notwithstanding the provisions of subdivision 1 of this Section, on-sale establishments licensed to sell intoxicating liquor on Sunday may serve same between the hours of twelve o'clock (12:00) noon and one two o'clock (1 2:00) A.M. on Sundays in conjunction with serving of food. In addition, the City Council may authorize, by license, a licensee to serve intoxicating liquors between the hours of ten o'clock (10:00) A.M. and twelve o'clock (12:00) noon on Sunday in conjunction with the serving of food only to persons seated at tables ordinarily used for dining. Provided, however, that the licensed establishment is in conformance with the Minnesota Clean Air Act. SECTION 2: Chapter 503 of the Mounds View Municipal Code pertaining to “3.2 Percent Malt Liquor“ is hereby amended with new language underlined and language to be deleted stricken to read as follows: 503.10: HOURS OF SALES: No sale of beer shall be made on any Sunday between the hours of one two o'clock (1 2:00) A.M. and twelve o'clock (12:00) noon. No sale shall be made between the hours of one two o'clock (1 2:00) A.M. and eight o'clock (8:00) A.M. on any other day. Ordinance 717 Page 2 SECTION 3. This Ordinance becomes effective thirty (30) days after its publication in the official City newspaper. First read by the City Council of the City of Mounds View on this 14th day of July, 2003. Read and passed by the City Council of the City of Mounds View this 28th day of July, 2003. Jerry Linke, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) APPROVED AS TO FORM: _________________________ City Attorney EXHIBIT 1. Question: Should Mounds View Bars Be Allowed to Stay Open until 2:00 AM? Responses: 1. Considering that the reason most often given for extending the bar hours until 2 AM was that Minneapolis and St. Paul were losing convention business, I can see no reason why bar hours in areas not trying to attract convention business (Mounds View included) should be extended. I am against an extension of bar times. (Against.) 2. I think if the surrounding communities such as New Brighton, Blaine, etc. are going to stay open until 2:00, then Mounds View establishments should probably have that option so they do not lose business to the other cities. (For.) 3. I have been a Mounds View resident since 1980. I do not think either of these issues (2:00 AM closing and Pawn Shops) benefit the majority of Mounds View residents. Actually, they really do not benefit anybody except the business owners. I and others I know would be saddened (maddened?) to see either of these things happen. Mounds View does not need them. What a horrible source of additional revenue. (Against.) 4. I think the bars should close at 1:00. The additional hour of drinking will only cause more problems. (Against.) 5. Thank you for the update. I appreciate this type of forum, as attending council meetings is not usually feasible for me. Regarding bar closing times: I am against extending the hours and would even favor shorter hours if it was proposed. The three licensed on-sale liquor establishments--Mermaid, Jakes and Roberts--along with incidents of drunk driving, account for a majority of the police activity for the city as reported weekly in the two community newspapers. I would consider individuals who would take their business elsewhere in order to enjoy an extra hour of drinks to be overly enthused by alcohol and therefore not particularly desirable in the community. So if the argument is that they would spend their money elsewhere, then that would be fine with me as they can then also perhaps do their damage elsewhere and the community would probably come out ahead overall. (Against.) 6. In response to the bar closing times, I really don't think the time matters. People will consume alcohol at the times they wish to whether the establishments are open or not. It is a bigger issue or whether we must have more police on duty at the hour they close. I don't know about that need, but perhaps the officers have strong opinions on the issue. 7. We are opposed to the change to 2:00 AM for closing time of establishments serving liquor. The police already spend too much time patrolling these places with the current 1:00 AM closing time. (Against.) 8. The closing time for the bars decision for me would be based on how may more police people we would be able to hire. If we are able to increase our security then I would go with the time change if not I would not go with the change of time. (Depends) 9. My wife and I think 1:00 am is late enough. Don't change. (Against) 10. I personally do not have any opposition to having on-sale establishments serve liquor until 2 a.m. For that matter, I'm fine with pawnshops staying open until 2 a.m. as well :) Thanks for the community updates. I'm pleased to see this medium utilized more and more. (For.) 11. We are not a party town, we are not a Hotel town, we will not lose business because we close at a more reasonable time of 1PM. There is nothing in this town, except more drinking which by definition and extension of that activity, means more chance of a drunk on the road or going home to abuse a family. There is nothing to gain here. A BIG NO! (Against.) 12. Thank you for the update. My opinion is to not allow the 3 bars the extended hours of operation. They are essentially located in residential areas and their neighbors do not the added hours of disturbance! (Against.) 13. I'm in favor of changing the bar closing times to 2 a.m., and I think the "overlay" concept for zoning that could include a pawnshop is a reasonable approach. (For.) 14. My opinion is to allow the bars to stay open until 2:00 am. This change will hopefully help three employers in our city. I can't see any down side to the change at all. (For.) 15. I am in favor of allowing bars to stay open until 2:00 AM (For.) 16. Any attempt by the Council to take the "moral high road" on this issue would serve only to harm the businesses within our borders. It is unrealistic to think that 1:00 am closings would insulate us from impaired drivers or any of the other trappings that come from having restaurants/night clubs in our city. What it would do is impose undue hardships on businesses that need to attract a steady stream of patrons to remain profitable. I would imagine that the Mermaid, in particular, would suffer if it were not allowed to keep up with competing facilities. Don't use this issue to take a stand against the evils of alcohol. Those are well established. The decision needs to be pragmatic, focused on the reality that 2:00 am closings around the Metro are here to stay and our establishments should be allowed to make the business decision to stay open that late if it makes fiscal sense. Also, the money they pay in to do so will be used to fund additional law enforcement, which is really what is needed if we wish to feel safer on our roads. (For.) 17. I support the 2 am bar opening in Mounds View. With the opening of a new hotel (Mermaid) we need to offer guests and convention goers the opportunity to spend some of their money in Mounds View. Thanks for the information, I appreciate the website you have set up. (For.) 18. I wish the legislature would not have changed the law. Now that the law is changed many bars will change. So Mounds View not allowing the bars to stay open an additional hour won't have any affect. People will still consume alcohol and drive on our roads. I also think it will put bars located in Mounds View at a disadvantage in comparison to their competition. When I consider this issue as a whole - I believe we should allow a 2:00 am closing. If someone is seriously against this new law they should take that up with their legislator and fight the new law at that level. (For.) 19. As a 28-year resident of Mounds View, I have no objections to a 2 A.M. bar closing time or the zoning that would allow a pawnshop in commercial or industrial areas. (For.) 20. I favor extending bar hours until 2:00 a.m., unless all 3 licensed establishments object. Works fine in other places. (For.) 21. I put in my vote for 2:00 close. (For.) 22. I'm expecting that we will see more accidents, fights and DWI violations in our city because of this law. I'm not too excited about that. However, Mounds View has a hard time keeping and attracting sound businesses. If we don't allow these establishments to stay open until 2:00 am, per state law, they may leave for other communities that will. We need to allow the 2:00 am bar closing in Mounds View. (For.) 23. Thank you for this opportunity to respond to the issue of bars staying open until 2 a.m. Unfortunately, my home is in very close proximity to two of the establishments; Jake's and Roberts. At present, the patrons of these establishments will typically disturb my family between 12:30-1:30 a.m. (normally on Friday and Saturday, and occasionally on other nights of the week). H2 borders one side of our home and it faces the H2 County Road 10 intersection. Noise heard from the intersection of H2 and 10 is often disturbing, however it is normally very quick to dissipate. However, along H2 the noise generated by these patrons can be very disturbing because of their proximity and volume level. When patrons head home, many find it necessary to rev their vehicle's motor and accelerate quickly through intersections and streets. Others will have their radios blaring. Several of the larger vehicles, trucks in particular, do not have sufficient mufflers and are overwhelmingly noisy, even more so when the weather is nicer and windows are open. Typically, there are a number of vehicles driven so fast the driver does not realize there is a stop sign at the intersection of H2 and Jackson and blow right through it, or realize it is there is a stop sign and do not care. Some patrons returning home on foot and can be very noisy when walking with others. A later bar closing time would only mean this same activity would be happening later in the morning, as well it may increase the carelessness of the patrons due to more alcohol intake time. I encourage the council to weigh the financial benefits of having these establishments open later (only benefit I can see) against the well being and safety of the community these establishments are in. If a later closing is approved, please increase the law enforcement present early on to deter and witness the results of the decision. (Against.) 24. Thank you for the update. Why not lets put Mounds View on the map, as a city who cares for the safety of all in its borders, and close the liquor sales at TWELVE? All those who need to pickle their brains should certainly be able to do this from 5 to Midnight. Give your emergency personal some more time for unexpected crisis', and less time may be spent on the planned/expected strain on our police officers, and rescue workers who are forced to deal with the aftermath of pitiful drunks. I am a retired police officer, and have always said, "give me a person with a gun, ANY TIME. He/she has rules, and I understand most of them, and I have a chance of survival. The drunk? He/she'll sneak up on you and kill you and your family, with their car, then stand there in a stupor, wondering what they had done. Good luck with your problem. (Against.) 25. Yes, I think so. It would allow our businesses to compete with other cities who will make the change. It will cut down on people moving about at 1:00 to get that last drink. The less bar hopping the better. We are not going to prevent people from staying out if they choose, only possibly prevent them from doing so in Mounds View. (For.) 26. I am for the new 2am timing. Just for the reason that Mounds View being such a small city, these three businesses could easily move out-side the city limits and retain most of their clientele, but Mounds View would loose a great deal of tax revenue. (For.) 27. I do not wish to have bars open until 2:00 am. (Against.) 28. At this time, I am for keeping the Bar's open until 2:00. (For.) 28. We believe that extending the bar closing time to 2am will further promote alcohol abuse, which may directly affect residents of the city in a negative manner. (Against.) 30. Does the city collect fee for later closing times or is that only allocated to the state? We probably wouldn't know the hardship (if any) it would be for the police till it's enacted. Do we have enough squads to handle the extra work (if required)? 31. Yes. I think that would help draw more people, and therefore income. (For.) 32. Although I personally do not see a need for bars to be open until 2AM. I would not want to see our established businesses in Mounds View held back from the 2AM closing. I think by not allowing them the later closing you would be hurting there business which would draw people away from our community and in the end possibly even there business. (For.) 33. The closing times for bars has been pretty uniform for as long as I can recall. There must be some reason or justification for this choice. Therefore, I could support changing the closing time to 2:00 a.m. However, because I do not frequent bars and night spots, I am not the best resource for an opinion. (For.) 34. Our vote is NO the bars should not stay open until 2 am! (Against.) 35. Can our budget handle the increased law enforcement patrolling and prosecution costs that would result from a later bar closing time? We are against a 2 am bar closing time. (Against.) 36. Thanks for the opportunity to voice my opinion regarding the 2:00 bar closing time for the bars in mounds view. I am against a 2:00 bar closing time, I believe we have enough alcohol related incidents in the city as it is according the mounds view police reports I read every week. There are more alcohol arrests in this city than for any other Crime. (Against.) 37. The only concern that I would have with the Bars in Mounds View staying open until 2AM is the amount of alcohol that can be consumed in that hour. The bar owners should only be allowed to stay open the additional hour if they would provide complimentary taxi service home for those needing it. Just a thought. Coming from a family with chronic alcoholism and those family members frequenting those bars, I am opposed to additional hour unless there is a solution to the potential problem it will create. I never understood the reasoning behind the recommendation anyway. (Against.) 38. My preference would be to have the bars stay open until 2 am but stop serving alcohol at 1 am. This giving patrons an opportunity to 'sober up'. Not sure if alcohol is correlated with the number of crime incidents around The Mermaid. It is concerning that there is under age drinking, thefts and other crimes. As a resident I don't see rewarding the Maid or others by granting an extension to serve alcohol. (Against.) 39. I would say if our surrounding communities are open until 2 am, we should conform. If New Brighton, Spring Lake Park, Blaine, Shoreview, etc, are closing at 1 am, we should do the same. I think that 1 hour difference between communities creates a false urgency for the already drinking-impaired driver. I'm sure that our establishment owners fear loss of sales to surrounding communities if they can stay open later than Mounds View. If we were to adopt the 2 am closing, I think the establishment owners would discover the sales made during that last extra hour won't pay for the added expense of staying open... I think our Police Dept. does a good job trying to keep impaired drivers off the street. The later closing will spread out their busiest time of the night to 2:30 or 3 am. The City might want to consider adding another officer if the time changes, especially if our neighboring communities have a 1 am closing. (Depends.) 40. In regards to the three alcohol establishments remaining open until 2:00 am I see no reason why not to make the change. I am a new home owner in Mounds View and I feel that we should remain consistent with Mpls and St Paul. (For.) 41. To allow this later time, there should be no net cost to the city and a tangible benefit for businesses. It should not cost the city additional police coverage. The businesses must convince the city they will receive additional revenue. A slight increase in license fee should be required. If the above is shown, then it the later hours should not be mandatory. The business should be able to make the call. The ability of a business to stay open later, should be reviewed every time the liquor license is applied for using additional enforcement/noise complaint issues as criteria. (Depends.) 42. I do not support changing the bar closing time to 2 am. (Against.) 43. I would approve of the 2:00 AM closing time for bars. (For.) 44. No. (Against.) 45. I don't have a strong opinion on keeping bars open the extra hour. Everything I hear whether from public radio or the Star Tribune is that law enforcement is still waiting to see how this shakes out. As long as the city of Mounds View would be able to devote sufficient policing resources to deal with any extra problems resulting in drunker drivers out on the streets at 2 rather than 1, then I have no problem with this. If however, the police department budget is already strained and couldn't devote additional man-hours if necessary, then I would be against this proposal. (Depends.) 46. Yes, I agree with allowing bars to stay open til 2AM as long as the fees go towards extra police enforcement both state and local. (For.) 47. I am not sure of any benefit the city will achieve by extending the hours. If we have to stay open to "compete" with neighboring municipalities whose bars stay open until 2, how much actual benefit is there in this? If ours is only city in the area doing this, are we going to attract enough business to offset the increased numbers of drunk drivers heading our way or using our streets after 2? Since I don't drink and never go to bars, I miss out on the advantages of staying late at such places and perhaps don't understand the issues. If places were allowed to stay open until 2 but had to cut off drinks at one to allow an hour to sober up a bit and the alcoholic effects wear off a little before driving, that would be something I could see as advantageous. (Against.) 48. I would prefer that the bars remain closing at 1:00. There really is no need to extend, Mounds View is becoming too Urban. We are losing the small town feeling here, the reason we moved here in the first place. I would really like to see us make some improvements on making it safe for our children to get across Hwy 10. Now that the children have to pay to bus to school because they took out the dangerous corridor rule, we need to emphasize on our children's safety. Why is so many businesses going up, if it is to bring in the money, where is it going? We should build a crosswalk over 10 so that kids can get to the Library, the Community Center, the Movie Theatre and the schools. (Against.) 49. NO! (Against.) 50. I am in favor of a 2:00 AM bar closing time. (For.) 51. Yes they should stay open till 2:00 am. (For.) Survey Summary: For: 23 (45 %) Against: 22 (43 %) Depends: 6 (12 %) Most of the “Depends” responses were dependent upon the City’s police department being able to handle the additional hour without cost or detriment to the department or dependent upon what other cities do. EXHIBIT 2. Item No: 09C Meeting Date: July 28, 2003 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Consideration of Resolution 6059 Approving the Legal Services Agreement with Kennedy & Graven Introduction: At the worksession on July 7, 2003, the Council met with Scott Riggs and Bob Vose to discuss the proposed legal services agreement with Kennedy & Graven. Staff had suggested that the agreement be modified to include training and regular communications as well as requesting that the attorney clarify response time and what staff could expect in the future. The agreement was modified and was presented to the Council on July 14, 2003. The Council however was interested in a further modification to the agreement that would only require the City Attorney to be present at one meeting per month. The reduction in the monthly retainer would be $500 by having the attorney attend only one of the Council’s regular meetings. Discussion: The attached retainer agreement has been modified to reflect attorney presence at just one meeting per month. If the attorney were to attend more than one meeting, the City would be billed for the time at $120 per hour which would be outside of the retainer. If it becomes apparent that the attorney IS needed at all meetings and the City is paying MORE each month as a result, the agreement can be modified again to return to the original arrangements. Recommendation: Discuss the agreement for Legal services with the firm of Kennedy & Graven. If no further changes to the agreement are necessary, staff would recommend approval of Resolution 6059, a resolution authorizing the execution of the legal services agreement with the firm of Kennedy & Graven for a period of two years. _____________________________________ James Ericson Interim City Clerk/Administrator RESOLUTION NO. 6059 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING EXECUTION OF A TWO-YEAR LEGAL SERVICES AGREEMENT WITH KENNEDY & GRAVEN TO PROVIDE CITY ATTORNEY SERVICES TO THE CITY OF MOUNDS VIEW WHEREAS, on March 10, 2003, the City Council of the City of Mounds View adopted Resolution 5963 which authorized staff to distribute requests for proposals (RFPs) for legal services; and WHEREAS, upon closure of the period to submit a response, the City had received proposals from thirteen firms, ten of which submitted proposals to provide the City with civil representation services; and, WHEREAS, on Thursday, June 12, 2003, six law firms were interviewed and asked a series of questions in an effort to ascertain which form should be chosen to represent the City’s civil affairs; and, WHEREAS, on June 23, 2003, staff identified four firms that stood out from the rest and from the four firms, the City Council selected to interview only one law firm—Kennedy & Graven; and, WHEREAS, the City Council met with representatives from Kennedy & Graven on July 7, 2003 and directed that a retainer agreement be approved at the July 14th meeting. NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve the retainer agreement from Kennedy & Graven (Exhibit A) to provide civil legal services for a two year period beginning July 14, 2003. NOW, THEREFORE BE IT FINALLY RESOLVED, THAT the agreement and the service provided shall be reviewed after three months to ensure City Council satisfaction with the arrangements. Adopted this 28th day of July 2003. ______________________________ Jerry Linke, Mayor ATTEST: _______________________________ Kurt Ulrich, City Clerk/Administrator (SEAL) AGREEMENT FOR LEGAL SERVICES This Agreement, entered into between the CITY OF MOUNDS VIEW , a Minnesota municipal corporation (City) and the law firm of KENNEDY & GRAVEN, CHARTERED (City Attorney) as of this 14th day of July, 2003, provides as follows: SECTION 1. Background: Findings. 1.01. Authority. The appointment and removal of the City Attorney are made by the City Council. 1.02. Council Determination. At a duly called regular meeting of the City Council held on June 23, 2003, the City Council determined that the firm of Kennedy & Graven, Chartered be engaged as City Attorney, with Scott J. Riggs and Robert J. V. Vose of that firm serving as primary legal counsel for the City and instructed the City Clerk-Administrator to prepare an agreement between the firm and the City setting forth the terms and conditions of the engagement. SECTION 2. Terms and Conditions. 2.01. Consideration. In consideration of the mutual promises and conditions contained in this Agreement the City and the City Attorney agree to the terms and conditions set forth herein. 2.02. City Attorney Appointment. The City appoints the firm of Kennedy & Graven, Chartered as City Attorney, with Scott J. Riggs and Robert J. V. Vose acting as primary legal counsel for the City. 2.03. Usual and Customary Legal Services. The City Attorney agrees to perform all usual and customary legal services for the City in accordance with the terms of this Agreement, including, but not limited to the following: a. Attendance by the primary legal counsel from the firm, as requested, at one Council meeting per month; b. Meetings with staff and public groups as requested by the Council or the City Clerk-Administrator and public hearings before the Council; c. Review and preparation of contracts, performance bonds, insurance and other routine legal documents; d. Ordinance code amendments and preparation of resolutions; e. Formal and informal legal advice to Council, staff and committees; f. Responses to inquiries from the public on matters not directly related to criminal prosecution activities; Exhibit A g. Regular training for staff including, but not limited to, human resource issues, sexual harassment, city government procedures, employee discipline procedures, workers compensation, OSHA issues; h. Occasional attendance at staff meetings as directed by the City Clerk- Administrator; i. Legal updates, alerts and opinions to staff on issues affecting the City; j. Proactive advice as to City Code and personnel policies; k. All other routine legal services except those pertaining to: i. land acquisitions and sales; ii. litigation, administrative proceedings, eminent domain and special assessment appeals; iii. review of subdivision and land development contracts; iv. approval of improvement bonds/proceedings and other authorized bond issues; v. telecommunication matters; vi. employment matters and labor negotiations; vii. Economic Development Authority matters involving the establishment of tax increment financing districts and development contracts; viii. Separate Commissions of the City including, but not limited to Economic Development Authority, Police Civil Service Commission, and Charter Commission. As an aid to the interpretation of the services to be covered by the retainer agreement, the following definitions would apply: “Administrative proceedings” means services directly related and preparatory to representing the City or its agencies before a federal, state or regional administrative agency. “Eminent domain” means services performed directly related and preparatory to the commencement of an action of eminent domain by or against the City or its agencies. “Litigation” means services performed by the city attorney: (a) in response to a claim filed against the City or an action commenced against the City, its agencies, or their officers, agents or employees; (b) in response to administrative proceedings; and (c) appearances on behalf of the City or its agencies before state or federal courts, boards or commissions. “Routine” means matters usual and customarily undertaken by a city attorney in the discharge of office. 2.04. Compensation for Legal Services. For legal services, except as provided in Section 2.08, the City agrees to compensate the City Attorney at the following hourly rates for services indicated below: a. For all attorneys in general municipal matters as set forth in Section 2.03 (except Section 2.03(k)) pursuant to a monthly retainer in the amount of $2,500.00. b. For all attorneys for matters set forth in Section 2.03(k) as follows: i. For all attorneys in real estate matters, telecommunication matters, employment and labor negotiation matters $140/hr. ii. For all attorneys in litigation and administrative proceedings $150/hr. iii. For all attorneys in matters in which costs are passed through to developer $160/hr. iv. For all attorneys in development, redevelopment and tax increment matters $170/hr. v. For all law clerks for work not covered by the retainer set forth in Section 2.04(a) $75/hr. vi. For all paralegals for work not covered by the retainer set forth in Section 2.04(a) $95/hr. vii. Bond counsel services as set forth in Section 2.08. 2.05. Compensation for Expenses. The City will compensate the City Attorney for the following actual and necessary expenses incurred by the City Attorney on behalf of the City: The firm will bill its out-of-pocket costs for such things as postage, long distance telephone calls, photocopying, filing fees and witness fees, and similar items. Photocopying: $.20 per page Facsimiles $.50 per page Mileage: $.36 per mile Westlaw or Lexis fees: Actual cost charged Other charges such as: Actual cost charged Messenger service Express mail Long distance telephone calls Filing fees Parking fees Our monthly billing statements provide detail for all fees and costs. 2.06. Billing Statements. Billings by the City Attorney to the City for services will be on a monthly basis, except as may otherwise be agreed upon by the parties. The billing statement shall be of sufficient detail to adequately inform the City concerning the tasks performed, the attorney or staff performing them, the time spent on each task and the nature and extent of costs and disbursements. The statement shall also contain a summary that shows the total time spent for each category and the total fees, charges and disbursements for each category. 2.07. Term of Agreement. The term of this Agreement shall be for two years. The hourly rates specified in this Agreement will remain in effect for the term of this Agreement. 2.08. Bond Counsel Services. The City Attorney will act as approving bond counsel for the City if so requested by the City. These services are not part of this Agreement, but may be made such by mutual agreement of the parties. In the event such services are desired by the City, fees for these services will be those usual and customarily charged by the firm of Kennedy & Graven, Chartered. 2.09. Primary Legal Counsel. It is the intention of the parties and it is hereby agreed by the City Attorney, that the term "primary legal counsel" as used herein means and refers to Scott J. Riggs and Robert J. V. Vose who will, except in the case of extraordinary circumstances involving disability, unavoidable conflict or other good and substantial reasons, perform, supervise and be responsible to the City for the legal services to be provided. 2.10. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and the City Attorney, and supersedes any other written or oral agreements between the City and the City Attorney. This Agreement can only be modified in writing signed by the City and the City Attorney. 2.11. Termination. This Agreement may be terminated by the City at any time or by the City Attorney upon 30 days written notice. 2.12. Conflict of Interest. The City Attorney shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict, the City Attorney, with the consent of the City, shall arrange for suitable alternative legal representation. It is the intent of the City Attorney to refrain from handling legal matters for any other person or entity that may pose a conflict of interest. 2.13. Agreement Not Assignable. Except as provided in Paragraph 2.12 of this Agreement relating to conflicts of interest, the rights and obligations created by this Agreement may not be assigned by either party. 2.14. Agreement Not Exclusive. The City retains the right to hire other legal representation for specific legal matters. 2.15. Independent Contractor Status. All services provided by the City Attorney pursuant to this Agreement shall be provided by the City Attorney as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 2.16. Work Products. All records, information, materials and other work products prepared and developed in connection with the provision of services pursuant to this Agreement shall become the property of the City. 2.17. Insurance. The City Attorney shall maintain professional liability (malpractice) insurance in the minimum amount of $1,000,000. 2.18. Data Practices Act Compliance. Data provided to the City Attorney under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 2.19. Choices of Law and Venue. This Agreement shall be governed by and construed in accordance with 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 all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 2.20. Agreement Extensions. Subject to the rights of termination described in Section 2.11, the provisions of this Agreement shall be deemed to be automatically extended from year-to-year or extended with such modifications or adjustments as the City and City Attorney may from time-to-time mutually agree. [The remainder of this page is intentionally blank] IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed by their proper officers and representatives as of the day and year first above written. CITY OF MOUNDS VIEW, MINNESOTA By: ________________________________________ Jerry Linke Its: Mayor By: _______________________________________ Kurt Ulrich Its: City Clerk-Administrator KENNEDY & GRAVEN, CHARTERED By: ________________________________________ Scott J. Riggs City Attorney By: ______________________________________ Robert J. V. Vose City Attorney Item No. 9D Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 6064 Approval of Plans and Specifications, Authorization to Advertise for Bids, and Establish a Bid Date for the County Road H Sidewalk Project Meeting Date: July 28, 2003 Background: On July 14, 2003, the City Council authorized the preparation of construction plans and specifications for the County Road H Sidewalk Project. Discussion: Plans and Specifications - Plans and specifications that meet the City of Mounds View standards have been prepared and are consistent with the preliminary report and direction given by Council. Bid Date – An August 21, 2003, 10:00 a.m. bid date will provide ample time to provide the required notification to contractors as per state statute. Estimated Schedule The following is a tentative schedule for this project: July 23, 2003 Submit ad for bids to paper July 28, 2003 Approve plans and specifications July 28, 2003 Set a bid date July 30, 2003 Submit application to Watershed District and Ramsey County July 30, 2003 First advertisement for bids August 13, 2003 Approval from the Watershed Board August 15, 2003 Approval from Ramsey County August 21, 2003 Receive bids August 25, 2003 Award contract September 2, 2003 Start project Recommendation: It is recommended the City Council adopt a resolution approving the plans and specifications and establish an August 21, 2003 bid date for the County Road H Sidewalk Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6064 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF PLANS AND SPECIFICATIONS, AUTHORIZATION TO ADVERTISE FOR BIDS, AND ESTABLISH A BID DATE FOR THE COUNTY ROAD H SIDEWALK PROJECT WHEREAS, said plans have been prepared in accordance with City standards and the preliminary engineering report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That a date to receive bids for said improvements is hereby established on August 21, 2003 at 10:00 a.m. 2. That the Deputy Clerk is hereby directed to cause to be published in The Focus paper and in the Construction Bulletin, at least three (3) weeks before the date for opening of bids, a notice to bidders for the construction of said improvements as required by law. Adopted this 28th day of July 2003. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator