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HomeMy WebLinkAbout2010-05-26 CC PacketCITY OF CENTERVILLE loom z jr COUNCIL MEETING AGENDA owl: erville Wednesday, May 26, 2010 ;��s� 6:30 p.m. or shortly thereafter OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign -up sheet and give it to the Mayor or a Staff person by 6:15 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. May 12, 2010 City Council Meeting Minutes (Pages 1 -5) V. CONSENT AGENDA 1. City of Centerville May 13, 2010 through May 26, 2010 Claims (Check #25424 - 25447) (Page 6) 2. Centennial Fire District Claims through May 18, 2010 (Check #42884303) (Page 7) 3. Centennial Lakes Police Department Claims through May 12, 2010 (Check #7788 -7814) (Page 8) 4. RCWD Cost Share Agreement Extension — 2008 (Pages 9 -14) VI. AWARDS/PRESENTATIONS /APPEARANCES 1. Mr. Steve McDonald, ABDO & Eick & Meyers — 2009 Annual Audit VII. OLD BUSINESS VIII. NEW BUSINESS 1. Ord. #XX, Second Series — Amendment to Chapter 156.006 — 156.107 — Accessory Structures (Pages 15 -18) 2. Approval/Acceptance of the 2009 Annual Audit 3. Church of St. Genevieve Request for Temporary Charitable Gambling Permit & On -Sale Liquor License for Their Annual Parish Festival (Page 19 -21) 4. Approve Plans & Authorize Bids for Water Service Line Project 5. Consultant Agreement for Engineering Services with Bonestroo (Pages 22- 36) 6. Consider Agreement with Metropolitan Council Consent to Allow Encroachment (Pages 37 -41) IX. ANNOUNCEMENTS/UPDATES 1. City Administrator Dallas Larson 2. Mayor Capra (Fete des Lacs Parade) X. CLOSED SESSION "Potential" (Pending Litigation Regarding Delinquent Special Assessments — Royal Oaks Realty) XI. ADJOURNMENT "REMINDERS" Centennial Fire Recruiting Session — May 22 & 29, 2010, 9:00 a.m. Fire Station #2 Parks & Recreation Committee Meeting — June 2, 2010, 6:30 p.m. Council Chambers Planning & Zoning Commission Meeting — June 8, 2010, 6:30 p.m. Council Chambers ( * *Re- Scheduled) City Council Meeting — June 9, 2010, 6:30 p.m. Council Chambers Bald Eagle Water Ski Shows — Starting June 17, 2010, 7:00 p.m. (Best Viewing: Waterwork & Centerville's New "Trailside Park" City Council Meeting — June 23, 2010, 6:30 p.m. Council Chambers Music In The Park — July 13, Teen Bands; July 20, BBB Jazz Combo; July 27, Local Talent Mr. Tom Lee; August 3, Banjo Boys Jazz Band; August 10, 7 Cat Swing & August 17, Centennial Community Band — 6:30 p.m. Laurie LaMotte Memorial Park Park Play Days — June 14 — July 16, 2010 & July 19 — August 2, 2010 (M, T, W & Th) 9:00 a.m. — 12:00 p.m. (noon) Laurie LaMotte Memorial Park Fete des Lacs Softball Tournament & Street Dance — July 30 — August 1, 2010, Laurie LaMotte Memorial Park Annual Parade — Jul 31, 2010 — 10:00 a.m., Main Street Festival of Lakes 2 Annual 8K Walk/Run — August 7, 2010, 8:00 a.m. Laurie LaMotte Memorial Park Safety Camp — August 12, 2010, 7:30 a.m. — 6:00 p.m. Rice Creek Elementary School PLEASE REMEMBER TO RETURN THEM! CITY OF CENTERVILLE CITY COUNCIL MEETING May 12, 2010 6:53 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on May 12, 2010, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Linda Broussard Vickers Council Member Jeff Paar Council Member Ben Fehrenbacher Council Member D. Love ABSENT: None STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Not App Mayor Capra called the May 12, 2010, City Council meeting to order at 6:53 p.m. H. PUBLIC HEARING(S) None. III. APPROVAL OF AGENDA Mayor Capra made the following additions/corrections to the Agenda: Consent Agenda, Item #1, added Page 7a, (Check # 25403 — 25423) Awards/Presentations/Appearances, Item #1, Sergeant Aldridge Updates Motion by Council Member Love, seconded by Council Member Paar to aparove the ag enda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES 1. April 28. 20 10 City Council Meeting Minutes City of Centerville Council Meeting Minutes May 12, 2010 Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the Aoril 28.2010 Citv Council Meeting Minutes as presented. All in favor. Motion carried unanimously. 2. Mav 5. 20 10 Citv Council Work Session Meeting Minutes Motion by Council Member Paar. seconded by Council Member Fehrenbacher to approve the Mav 5.2010. Citv Council Work Session Meeting Minutes as presented. Motion carried 4/1. Councilmember Broussard Vickers abstained. V. CONSENT AGENDA 1. City of Centerville April 29, 2010 through May 12, 2010 Claims (Check #25382 — 25402) & (Check #25403 — 25423) 2. Centennial Fire District Claims through April 30, 2010 (Check #4273 — 4287) 3. Pay Request #9, Forest Lake Contracting — 2009 Street Improvement Project (Peltier Lake Drive 2009.01) - $62,687.83 4. Building Inspector/Public Works Director's Successful Performance Review Motion by Council Member Paar. seconded by Council Member Love to approve the Consent Agenda as amended. All in favor. Motion carried unanimously. VI. AWARDS /PRESENTATIONS /APPEARANCES 1. Sergeant Aldridge Sergeant Aldridge appeared to present updates to the City Council. The City Council thanked Sergeant Aldridge for the Police Department update. VII. OLD BUSINESS 1. Clearwater Drive — Construction Damage City Engineer Statz reviewed background information including options of road repair and the cost of each option. City Engineer Statz stated his belief that this cul -de -sac could have lasted approximately another ten years. He explained a mill and overlay process to the road would add about fifteen years, whereas a seal coat would add approximately five to seven years. Mayor Capra stated if there were a share to the cost, a Public Hearing would need to be held unless the residents all agreed to the cost. City Administrator Larson reviewed resident photos of the machinery used on the road which caused damage and also clearly showed that the road was used as a staging area. Page 2 of 5 2 City of Centerville Council Meeting Minutes May 12, 2010 He added he believes there is enough money left in the fund to perhaps cover the damage, though he personally feels the contractor should bear a large amount of the cost. The Councilmembers discussed their concerns including the benefit the contractor gained by using this road as a staging area, the annoyance to the residents as they were not technically a part of the project, that there is partial cost responsibility of the City and residents as well as the majority of the cost being the responsibility of the contractor. The City Engineer's options of road repair were also discussed with the agreement being a mill and overlay repair needs to be done. It was the consensus of the Council to approve a mill and overlay repair and to direct Staff to speak with the contractor and report back to Council with a recommendation. Motion by Council Member Lovc seconded by Council Member Paar to move forward with mill and overlav of the entire cul- de-sac as presented by the Citv Enuineer and to direct Staff to contact contractor and bring recommendation back to City Council. Councilmember Paar stated he would also like the City Engineer to include in his conversation with the contractor, the benefit that the contractor gained while using this area, as well as the Council's concern against just patching the road, which would be less cost effective in the future. All in favor. Motion carried unanimously. Councilmember Broussard Vickers asked those residents in attendance, by a show of hands, in the event of an agreement with the contractor, which of them would be agreeable to split the cost of a mill and overlay with 75% (contractor) cost, 25% (City) cost, and the residents would pay 25% of the City's 25 %. All those residents in the audience were agreeable. VIII. NEW BUSINESS I. Resolution #10 -OXX — Authorizing Proiect, Proiect Funding Plan & Loan Between Funds — Downtown Stormwater / Field Irrigation Proiect - $110,000 City Administrator Larson stated Staff is currently in the process of obtaining additional background information and recommended City Council table this issue. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to Table Resolution #10-OXX — Authorizing Proiect, Proiect Funding Plan & Loan Between Funds — Downtown Stormwater / Field Irrigation Proiect - $110,000. All in favor. Motion carried unanimously. 2. Ordinance #35, Second Series — Amendment to Chapter 111 Liquor Regulations Page 3 of 5 3 City of Centerville Council Meeting Minutes May 12, 2010 City Administrator Larson reviewed the background information. The City Council discussed their concerns with leaving in or striking the words "church" and/or "school" in the ordinance. After discussion it was the consensus of Council to strike the word "church" from the first sentence of the draft text. Motion by Council Member Love. seconded by Council Member Fehrenbacher to adopt Ordinance #35. Second Series — Amendment to Chanter 111 Liauor Regulations. with the amendment of striking the word "church" from the first sentence. All in favor. Motion carried unanimously. 3. Final Pay Reauest — Dresel Contracting, Inc. — 2009 Pond Dredging - $6.216.50 City Engineer Statz reviewed the background information and noted that this payment will close out the project. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to authorize Final Pav Reauest — Dresel Contracting. Inc. — 2009 Pond Dred - $6.216.50. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1. City Administrator Dallas Larson City Administrator Larson reported that the City received a check from Center Point Energy, paying for the cost of the repaired pipe on the storm sewer that they had damaged. City Administrator Larson also reported that there are two County parcels located on Peltier Lake Drive and Main Street that are being offered to the City if they would like to purchase them. He stated there probably isn't a need for the City to acquire either of these properties. Consensus of the City Council was to not acquire either of the parcels. City Administrator Larson lastly reported on a tax forfeited property located on Centerville Road, which was part of the Pheasant Marsh Addition. He stated it has a pond and trail located on it and the Council had previously expressed an interest in acquiring the property. It was noted that acquiring a tax forfeit parcel will result in the City being granted a restricted deed. He stated if the City were interested in acquiring this property without the deed restriction, it may be later possible to convey off part of the property as land to the north develops. It was the consensus of the Council to direct Staff to speak with the property owner and report back. 2. Mayor Capra (Fete des Lacs Parade, Flea Market/Good Turn Event) Mayor Capra reported that the Fete des Lacs Parade is a go. The Flea Market was well attended and that the Good Turn Event was a success as it raised 275 pounds of food for Page 4 of 5 4 City of Centerville Council Meeting Minutes May 12, 2010 the Centennial food shelf and 40 pounds of pet food for the Human Society. She also thanked St. Genevieve's Youth Group and Parks and Recreation members for all of their help. 3. Department Reports Mayor Capra reported on the Parks and Recreation Meeting. Councilmember Paar reported on the Centennial Fire District Meeting. Councilmember Broussard Vickers reported on the Police Governing Board. X. ADJOURNMENT Motion by Broussard Vickers. seconded by Fehrenbacher to adiourn the Mav 12. 2010 Citv Council Meeting at 8:05 n.m. All in favor. Motion carried unanimously. Mayor Capra adjourned the May 12, 2010, City Council Meeting at 8:05 p.m. Transcribed by: Rochelle Russo, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 5 of 5 5 C ,j ewenfitfe CITY OF CENTERVILLE 05/21/108:29 AM ::N : - -- Page 1 *Check Summary Register© MAY 2010 ACH Payments — Pay Period 10 Paid Chk# 000013E WELLS FARGO Name Check Date Check Amt 10100 MAIN STREET BANK 5/14/2010 Paid Chk# 000016E IRS /EFTPS Paid Chk# 025424 AFLAC 5/26/2010 $161.00 T.BENDER & K. STEPHAN AFLAC IN Paid Chk# 025425 AID ELECTRIC CORPORATION 5/26/2010 $4,778.00 LIFT STATION TRANSFER SWITCH I Paid Chk# 025426 CARGILL INCORPORATED 5/26/2010 $1,558.99 BULK ICE CONTROL Paid Chk# 025427 CENTENNIAL COMMUNITY 5/26/2010 $26.00 MONEY DONATED TO CENTENNIAL FO Paid Chk# 025428 COMCAST 5/26/2010 $100.39 2085 W CEDAR ST - HIGH SPEED I Paid Chk# 025429 DELTA DENTAL 5/26/2010 $481.65 PF99867701 -JUNE 2010 DENTAL Paid Chk# 025430 EMBEDDED SYSTEMS INC 5/2612010 $455.40 6 MONTH SIREN MAINTENANCE FEE Paid Chk# 025431 HEALTH PARTNERS 5/26/2010 $4,973.80 JUNE 2010 HEALTH INS. Paid Chk# 025432 KONICA MINOLTA BUSINESS 5/26/2010 $386.09 MONTHLY SERVICE & SUPPLIES Paid Chk# 025433 MENARDS - FOREST LAKE 5/2612010 $84.50 5 GALS 5 HP PORTABLE VAC Paid Chk# 025434 MET. COUNCIL ENV. SERV. 5/26/2010 $15,217.01 JUNE 2010 WASTEWATER SERVICE Paid Chk# 025435 MICKMAN BROTHERS 5/26/2010 $450.00 LANDSCAPE BASE BID Paid Chk# 025436 MINNESOTA PIPE & 5/26/2010 $134.31 REPAIR SUPPLIES FOR TWIN TOWNH Paid Chk# 025437 MN DEPARTMENT OF HEALTH 5/26/2010 $1,667.00 1ST QTR WATER TEST FEES Paid Chk# 025438 NATIONWIDE RETIREMENT 5/26/2010 $400.00 DER COMP FOR PAY PERIOD 11 Paid Chk# 025439 PRESS PUBLICATIONS 5/26/2010 $74.00 MAY 7 & 8 GARAGE SALE DAYS AD Paid Chk# 025440 SHRED -IT 5/26/2010 $760.00 CLEAN UP DAY - May 8th 2010 Paid Chk# 025441 SMITH & GLASER, LLC 5/26/2010 $7,840.46 APRIL 2010 - GENERAL Paid Chk# 025442 SPRINT 5/26/2010 $248.61 CELL PHONE - SERV THRU 5-14 -1 Paid Chk# 025443 THE CITIZEN 5/26/2010 $1,078.80 2009 DRINKING WATER REPORT Paid Chk# 025444 TIME SAVER 5/26/2010 $157.50 04 -28 -10 CITY COUNCIL MEETING Paid Chk# 025445 TOWN CRIER PROMOTIONS 5/26/2010 $13.29 SHIPPING CHARGES ON CLOTHING Paid Chk# 025446 US BANK* 5/26/2010 $1,191.95 THE GPS STORE Paid Chk# 025447 XCEL ENERGY 5/26/2010 $2,679.89 1600 LAMOTTE - BALL FIELD LIGH Paid Chk# 500847E BI- WEEKLY ACH 5/13/2010 $18,685.38 Pay Period 10 Total Checks $63,604.02 ACH Payments — Pay Period 10 Paid Chk# 000013E WELLS FARGO 5/14/2010 Paid Chk# 000014E PUBLIC EMPLOYEES 5/14/2010 Paid Chk# 000015E MINN. DEPT OF REVENUE 5/14/2010 Paid Chk# 000016E IRS /EFTPS 5/14/2010 Total Checks Voided Check # 025407 - HD SUPPLY WATERWORKS LTD 5/12/2010 Note: There will be an updated list of disbursements for approval on 5- 26 -10. $1,622.92 H.SA. payment for pay period 10 $3,166.16 PERA for pay period 10 $1,224.82 MN State payroll tax for pay period 10 $6,687.18 Federal payroll tax for pay period 10 $12,701.08 $0.00 METER PARTS 1 r r ' L CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 5/1/2010 - 5/18/2010 May 18, 2010 01:54PM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number 05/10 05/11/2010 4288 30490 05/10 05111/2010 4289 120331 05110 05118/2010 4290 11565 05/10 05/1812010 4291 20135 05/10 05118/2010 4292 30480 05/10 05/18/2010 4293 40040 05/10 05/18/2010 4294 50121 05/10 05118/2010 4295 606W 05/10 05118/2010 4296 80220 05/10 05118/2010 4297 120229 05/10 0511812010 4298 120450 05/10 05/18/2010 4299 160050 05/10 05118/2010 4300 180068 05/10 0511812010 4301 180600 05/10 05118/2010 4302 200150 05/10 05/18/2010 4303 31900 Grand Totals: M = Manual Check, V = Void Check Payee CENTERPOINT ENERGY LEAGUE OF MN CITIES INS TR ASPEN MILLS BENDLIN FIRE EQUIPMENT CO. CENTENNIAL UTILITIES DEEP ROCK WATER COMPANY EMERGENCY AUTOMOTIVE TE FRATTALLONE'S HARDWARES HAMLINE UNIVERSITY LEAGUE OF MN CITIES CITY OF LINO LAKES PAETEC REALWHEELS RWC, INC CITY OF ROSEVILLE THOMAS MOTORS, INC CUSTOM TRUCK ACCESSORIE Description STATION 2 GAS WORKERS COMP INS 2/10 -2/11 UNIFORM K -TOOL UNIT STATION 1 UTILITIES BOTTLED WATER NEW SIREN SPEAKER INSP VE MISC VEH PARTS HSB PUBLIC SAFETY ADMIN CL 2010 ANNUAL CONF APRIL REIMBURSEMENTS PHONES STATION 2 VEH FLAG MOUNTS JT POWERS MIS GRASS 11 REPAIR PART OF NEW TRUCK PURCHA Check Amount 200.30 34,444.00 7.48 353.19 159.82 7.37 76.78 23.51 1,300.00 395.00 34,165.95 343.44 817.98 655.58 286.81 2,221.93 75,459.14 7 CENTENNIAL LAKES POLICE DEPT Check Register - POLICE GL Page: 1 Check Issue Dates: 5/1/2010 - 5/12/2010 May 12, 2010 12:44PM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 05110 05/12/2010 7788 AVCAM SEMINAR AUTO THEFT 25.00 05/10 05112/2010 7789 ANOKA COUNTY APRIL INTERNET ACCESS 338.26 05/10 05112/2010 7790 ANOKA COUNTY SOLID WASTE FEE 584.21 05/10 05112/2010 7791 ANOKA COUNTY ATTORNEY FORFEITURE DISTRIBUTION 202.00 05/10 05112/2010 7792 BCA/CRIMINAL JUSTICE TRAINI LEGAL ASPECTS TRAINING /JK 60.00 05/10 05/12/2010 7793 CENTENNIAL UTILITIES APRIL UTILITIES 379.15 05/10 05/12/2010 7794 COVERALL OF TWIN CITIES, IN MAY CLEANING SERVICE 796.22 05/10 05112/2010 7795 JOSEPH L. DALY, ARBITRATOR LABOR ARBITRATION 1,545.75 05/10 05/12/2010 7796 DELTA DENTAL DENTAL INS 996.50 05/10 05112/2010 7797 DEPUTY REGISTRAR #150 FORFEITURE TITLE TRANSF 86 GMC 31.25 05/10 05/12/2010 7798 DON'S CIRCLE SERVICE, INC VEH REPAIRS & MTC 1,545.01 05/10 05/12/2010 7799 ENVENTIS TELECOM, INC PHONES & LONG DISTANCE 391.02 05/10 05112/2010 7800 FRATTALLONES HARDWARE, I BATTERIES 12.79 05/10 05112/2010 7801 MATTHEW GIESE TRAVEL REIMB MEALS /HOTEL 589.14 05110 05112/2010 7802 HOLIDAY INN LODGING CONFERENCE PA 179.70 05/10 05112/2010 7803 LEAGUE OF MN CITIES LOSS CONTROL WORKSHOP 20.00 05/10 05112/2010 7804 MPLS COMMUNITY & TECH CO DATA PRACTICES SEMINAR DA 140.00 05/10 05/12/2010 7805 NORTHERN AIR CORPORATIO BLDG HEATER MTC 363.26 05/10 05112/2010 7806 OFFICE MAX CONTRACT, INC OFFICE SUPPLIES 58.88 05110 05/12/2010 7807 O'REILLY AUTOMOTIVE, INC VEH ADAPTOR 11.77 05/10 05112/2010 7808 QUILL CORPORATION TONER/COPY PAPER 253.11 05/10 05/12/2010 7809 CITY OF ST PAUL TRAINING 100.00 05/10 05/12/2010 7810 STATE OF MINNESOTA SEIZED PROP PROCEEDS 101.00 05/10 05/12/2010 7811 TELECIDE PRODUCTIONS, INC COMPUTER MTC /SUPPORT 75.00 05/10 05/12/2010 7812 UNIFORMS UNLIMITED, INC UNIFORMS 1,847.29 05110 05112/2010 7813 UNICARE LIFE & HEALTH INS. JUNE LIFE/DISABILITY INS 107.80 05/10 05112/2010 7814 WALLEN- FRIEDMAN & FLOYD, APRIL LEGAL FEES 2,040.00 Grand Totals: 12,794.11 M = Manual Check, V = Void Check 11 EEK WATIERSHIED DISTRICT 4325 Pheasant Ridge Dr. NE #611 • Blaine, MN 55449 -4539 Phone: 763 - 398 -3070 • Fax 763 - 398 -3088 www.ricecreek.org Dallas Larson, Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: Amendment to 2008 Cost -Share Agreement Dear Mr. Larson, At its April 28, 2010 regular meeting, the RCWD Board of Managers approved a twelve (12) month extension to the enclosed cost -share agreement between the RCWD and the City of Centerville for the water reuse irrigation components of its Downtown Redevelopment Project. The purpose of this extension is to facilitate successful completion of the project after unforeseen economic circumstances had delayed its timely implementation. The original agreement was made effective on September 5, 2008 and its new expiration date will be September 5, 2011. Section II.B. of the agreement is hereby amended to state "Contingencies. The District's obligation to provide cost -share funds is contingent on the City's compliance with the terms of this agreement, including but not limited to Project completion in accordance with the District - approved plans and specifications within 24+rwepMs 36 months. The City will return to the District any cost -share funds already received if this condition is not satisfied." All other provisions of the original contract remain in full force and effect. Please sign below indicating the City's acceptance of these terms, return a copy to the RCWD and keep another copy for your records. APPROVED: Rice Cree ter hed District 7 Doug Thomas RCWD Administrator BOARD OF Barbara A. Haake MANAGERS Ramsey County City of Centerville By: Its: Date: Rick A. Mastell Harley M. Ogata Patricia L. Preiner John J. Waller Anoka County Ramsey County Anoka County Washington County 9 0 a.m.a on W% e«w*4 m pm-fow4aw won owt wpta* n xe.r, May 14, 2010 RICE CREEK WATERSHED DISTRICT COST -SHARE AGREEMENT COST -SHARE AGREEMENT between the Rice Creek Watershed District, 4325 Pheasant Ridge Drive NE, Suite 611, Blaine Minnesota 55449 and the City of Centerville. RECITALS A. City of Centerville (City) intends to construct a project of downtown redevelopment ( "Project "). B. The Rice Creek Watershed District (District) has a cost -share program for the improvement and remediation of stormwater management systems in developed urban environments. C. In accordance with Program guidelines, the District desires to provide the City cost -share assistance for the Project. THEREFORE, in consideration of mutual promises set forth herein and other good and valuable consideration, the District and the City agree as follows: I. CITY RESPONSIBLITIES. A. Design Plans and Maintenance Plan. The City will submit (1) Project plans and specifications and (2) a maintenance plan to the District for the Administrator's written approval. B. Construction and Maintenance: The City, through its own personnel and or contractors, will construct the Project in accordance with the approved Project plans and specifications and maintain it indefinitely in accordance with the approved maintenance plan. In doing so, the City will comply with all applicable laws and regulations and will be responsible for acquiring all permits, approvals and temporary and permanent rights of access or easement. C. Completion of Construction. The City staff or consulting engineer will certify the completion of Project construction within 24 months from the 1 10 effective date of this agreement. The City will submit to the District documentation of Project expenditures and the certification of completion. 11. DISTRICT RESPONSIBILITIES. A. Cost -Share Funds. To defray the Project cost to the City, the District will provide the City cost -share assistance in the amount of 50 percent of the Project contract, not to exceed $50,000. B. Payment Schedule. On District approval of the Project plans and specifications and maintenance plan, certification by the City that it has obtained all necessary permits and approvals, and receipt of the City's issued notice to proceed, the District will disburse 50 percent of the RCWD Board approved cost -share amount to the City. On District receipt of the certification of completion and review of such project documentation as it may require, the District will disburse the rest of the funds. C. Contingencies. The District's obligation to provide cost -share funds is contingent on the City's compliance with the terms of this agreement, including but not limited to Project completion in accordance with the District - approved plans and specifications within 24 months. The City will return to the District any cost -share funds already received if this condition is not satisfied. Ill. MISCELLANEOUS. A. Relationship of Parties. Nothing in this agreement creates or establishes a partnership, joint venture or agency relationship between the parties. District review or approval of design plans and specifications, a maintenance plan and any other Project - related documents is solely for the District's own accounting for funds expended. As between the parties, the City is solely responsible for selection of the Project design and the means, method and manner of construction. Nothing in this agreement creates any right in any third party or affects any immunity, defense or liability limitation enjoyed by either party. B. Employees. The City represents that it has or will secure, at its own expense, all personnel and /or contractors required for the performance of this 2 11 agreement. No City personnel or contractor will be considered an agent, representative or employee of the District. C. Liability. The City agrees to hold harmless and indemnify the District, and its managers, staff and representatives, against any claim, expense or damage, including attorney fees, arising from the performance of this agreement. D. Assignment or Modification. This agreement binds and inures to the benefit of the City and the District, and their respective successors and assigns. Neither parry may assign this agreement without the prior written consent of the other. Any modification of the agreement must be in writing and signed by both parties. E. This agreement is effective as of the date all of the signatures below have been provided. Dated : 1`,�- -_________ 1 2008 Dated: ____ Z� ___, 2008 City `�entervilP4 By:_ - lts: � -- - - -- Rice Creek W tershed District BY* z �.� -- -- - - - - -- P trivia Preiner, President Board of Managers Rice Creek Watershed District 3 12 Approved Minutes for Rice Creek Watershed District Regular Board Meeting of April 28, 2010 Page 6 of 9 219 220 ROLL CALL: 221 Manager Haake - Aye 222 Manager Mastell - Aye 223 Manager Ogata — Aye 224 Manager Waller — Aye 225 President Preiner - Aye 226 Motion carried 5 -0. 227 228 Water Resource Specialist Axtell stated a,question was raised when the City of Shoreview submitted two project 229 requests in one year and whether the District should allow a City to put in more than one request in one program 230 year. He stated from staffs perspective, there was funding and the projects were eligible and warranted. He asked 231 the Board if they wanted to fund more than one project from the same City in the same year. 232 233 Manager Mastell stated he did not believe the District needed a policy, but rather to discuss them as the requests 234 came forward. 235 236 Manager Haake stated the Board could probably do this temporarily, but she would like staff to again notice other 237 municipalities of the District's Urban Stormwater Remediation Cost -Share Program and show them the projects 238 that have been submitted for funding. 239 240 Manager Mastell stated the Board would select and spend the budget on what the highest merit projects were. 241 He noted he was not against having two or three projects out of the same area. 242 243 Manager Waller agreed a policy was probably not necessary and the Board should look at each project on a 244 project by project basis. He noted the Cities had been notified before, but if the Cities did not want to use the 245 money available, it was the opportunity to reallocate the resources. 246 247 President Preiner stated her preference would be that there only be one request per City, but it would also 248 depend on the request. 249 250 Manager Ogata stated with the two applications from Shoreview, one of the applications probably provided a 251 better public benefit. He noted it might end up submitting two projects could be a detriment to the City. 252 253 Manager Haake stated the Board could consider the greater benefit to the public as a whole as a priority. 254 255 g+w►_k .. Q$.'l�iEl3lAiL 256 Water Resource Specialist Mtell stated this project was an Urban Stormwater Remediation Program cost -share 257 agreement with the District on September 9, 2008 which was to provide $50,000 toward a water reuse irrigation 258 system as part of a larger downtown redevelopment project. He noted the redevelopment project had been put 259 on hold because of the slow -down in the economy. He indicated the City was proposing to move forward with 260 the construction of the water re -use system in advance of the full -scale redevelopment project. He stated this 261 would not affect the portions of the project that were originally considered eligible project expenses. He indicated 262 the water would be pumped from the LaMotte pond complex to irrigate the City's baseball field ,and other 263 parkland to the north, which would reduce the stormwater runoff volume, phosphorus and sediment to 264 Centerville Lake by an estimated 80 %. He stated the original cost -share agreement expires on September 5, 2010. 13 Approved Minutes for Rice Creek Watershed District Regular Board Meeting of April 28, 2010 Page 7 of 9 265 He recommended in order for the City to facilitate completion of the project, the Board approve a one -year 266 extension to be original cost -share agreement until September 5, 2011. 267 268 Manager Haake asked if this money had been put away for this project, or would it come out of the 2010 funding. 269 Water Resource Specialist Axtell responded the money had been set aside from the 2008 funding for this project. 270 271 President Preiner stated she did not have an issue with this request, but noted she could see situations like this 272 happening again and cautioned the Board about extensions unless the Board was sure the project could be 273 accomplished. 274 275 Motion by Manager Haake, seconded by Manager Ogata, to amend the 2008 Urban Stormwater Remediation 276 Program Cost -Share Agreement between the Rice Creek Watershed District and the City of Centerville by 277 changing its expiration date to 36 months from the agreement's effective date. Motion carried 5 -0. 278 279 S. Consider Columbus Comprehensive Wetland Protection Management Plan & Rule RMP -4 - Accept 280 response to comments & adopt resolution to submit for final state review 281 Permit Coordinator /Wetland Specialist Tomczik stated the corner had been turned on this project and it had 282 been under review for 103(g) and 103(d). He indicated there had been many comments received after the public 283 hearing. He noted all of the comment periods had closed now. He stated the comments were incorporated into 284 the final document. He stated the revised document had been reviewed by the Technical Evaluation Panel. 285 286 Motion by Manager Haake, seconded by Manager Mastell, to adopt Resolution No. 2010 -13, Authorizing 287 Submittal of Columbus Comprehensive Wetland Protection and Management Plan & Rule RMP -4 for Final 288 BWSR Review. 289 290 ROLL CALL: 291 Manager Haake - Aye 292 Manager Mastell - Aye 293 Manager Ogata - Aye 294 Manager Waller - Aye 295 President Preiner - Aye 296 Motion carried S -0. 297 298 6. Consider Check Register dated 04/28/10, in the amount of $170,600.95, prepared by HLB Tautges Redpath. 299 Motion by Manager Mastell, seconded by Manager Ogata, to approve check register dated 04 /28/10, in the 300 amount of $170,600.95, prepared by HLB Tautges Redpath. Motion carried 5 -0. 301 302 7. Update on Status of Reported Washout of the Washington Judicial Ditch 2 (JD2) /Rice Lake Weir 303 District Administrator Thomas stated the District was informed on Tuesday morning that the Weir on JD2, which 304 was the structure that controlled the elevation on Rice Lake had washed out He stated he had sent Tom Schmidt 305 our District Stream and Ditch Inspector out yesterday afternoon to look at the weir. He indicated Mr. Miron 306 allowed the District onto the site to inspect the weir. He stated the DNR had been informed of the situation. He 307 stated the District Attorney Smith and Kolb had also been informed. 308 309 Ditch Inspector Schmidt stated Mr. Miron allowed him to go onto his property along with Mr. Miron's son, Paul. 310 He presented the photographs he took. He noted there was maintenance done this winter on JD2 and the plan 311 included stopping a certain distance from the weir. It stated the area was staked at the end point. He indicated 14 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE # SECOND SERIES AN ORDINANCE AMENDING CITY CODE, CHAPTER 156, SECTIONS 156.006 and 156.107 THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: Section 1. City Code Chapter 156, Section 156.006 is hereby amended by substituting the following definitions for definitions with the same name: ACCESSORYBUILDING A subordinate building or portion of the principal structure which is located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. YARD, REAR The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. Section 2. City Code Chapter 156, Section 156.107, A, (1) is hereby amended to read as follows: (1) No more than two detached accessory buildings are permitted on any single - family, detached dwelling parcel located in any district except R -1. Combined aggregate square footage for detached accessory structures shall not exceed 2% of the lot area, except if the lot has no attached garage, the largest detached structure may not exceed the puare footage of the main floor of the ------------ -- - - - - -{ Deleted: footprint dwelling. Section 3. City Code Chapter 156, Section 156.107, A, (2) is hereby amended to read as follows: (2) In no event may any accessory building exceed the square footage of the main level of the principal structure, except in the R -1 District. Section 4. City Code Chapter 156, Section 156.107, A, (5) is hereby amended to read as follows: (5) Detached accessory buildings must have a minimum of a 5 -foot interior side setback and a 10 -foot rear setback. Where a rear or side yard abuts a street, an accessory building shall be set back a minimum of 20 feet from the street property line. No structure may be placed in an easement, except bridges, by written permit approved by the City Council. Where a lot line easement exists, the building overhang may not extend into the easement except where approved by the City Council. Section 5: Effective Date: This ordinance shall be effective immediately upon its passage and publication of the summary attached as Exhibit A, according to law. 15 PASSED AND DULY ADOPTED this day of .2010 by the City Council of the City of Centerville. Mary Capra, Mayor ATTEST: Teresa Bender, City Clerk ACCESSORY BUILDING. A subordinate building or portion of the main building which is located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. YARD, REAR The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. § 156.107 ACCESSORY STRUCTURES AND USES. (A) Accessory Structures — Residential Uses (1) No more than two detached accessory buildings are permitted on any single - family, detached dwelling parcel located in any district except R -1. Combined aggregate square footage for detached accessory structures shall not exceed 2% of the lot area, whichever is greater, except if the lot has no attached garage, the largest detached structure may not exceed the square footage of the main floor of the dwelling. (2) In no event may any accessory building exceed the square footage of the main level of the principal structure, except in the R -1 District. (3) No accessory structure may be constructed on a parcel without a principal structure. (4) No accessory structure shall be erected or located within any required yard other than the rear yard. (5) Detached accessory buildings must have a minimum of a 5 -foot interior side setback and a 10 -foot rear setback. Where a rear or side yard abuts a street, an accessory building shall be set back a minimum of 20 feet from the street property line. No structure may be placed in an easement except bridges by written permit approved by the City Council. Where a lot line easement exists, the building overhang may not extend into the easement except where approved by the City Council. (6) In case an accessory structure is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. (7) An accessory building, unless attached to and made a part of the main building, shall not be closer than 6 feet to the main building, except as otherwise provided in this section. 17 (8) The total area of an attached accessory building (garage) shall be no greater than 1,500 square feet per level, but in no event may the garage space exceed the square footage of the main floor of the dwelling. (9) Swimming pools may exceed the size requirements for accessory structures, but shall not exceed 50% of the rear yard. (10) The side walls of an accessory building shall not exceed 10 feet in height and the overall height of the structure shall not exceed 15 feet, except to match the roof slope of the principal structure. This provision shall not apply to farm buildings located in a R -1 District. (11) Arbors, trellises, balconies, breezeways, open porches, detached outdoor living rooms, and heating equipment may be placed in a rear yard if it is at least 15 feet from the rear lot line and five feet from a side lot line, but may not be closer to a side street property line than the principal structure. (12) Neither building with metal roots and exterior walls and covering a total (exterior) area in excess of 120 square feet, nor any other buildings with metal roofs shall be permitted in any residential or mixed use district. Pole -type buildings and rigid frame structures with membrane roof or sides, are also prohibited all zoning districts. (13) Building exceeding 120 square feet shall be anchored to a concrete floating slab foundation. (14) The exterior color and design of an accessory structure shall be similar to the principal structure. (B) Accessory structures, non - residential uses. The following standards shall regulate the construction and maintenance of non - residential accessory structures: (1) All accessory structures shall be subject to the same setback, height and exterior finish regulations as a principal structure for the district in which it is located. (C) Permits. All accessory structures shall require a building or zoning permit from the City. W., VleM TO: Honorable Mayor and Council Members FROM: Staff SUBJECT: St. Genevieve's Annual Parish Festival DATE: May 21, 2010 The Church of St. Genevieve has submitted the appropriate applications for requesting temporary licensing for charitable gambling (Bingo, Raffles, Paddlewheels and Pull - Tabs) and a temporary On -Sale liquor license; however, the Church is requesting that two locations be approved, (1683 Sorel Street & 6995 Centerville Road) weather dependent. If you choose, your motion should state both addresses for the liquor license and subject to the City's receipt of current liquor liability insurance for both locations as stated above. Note: The Church did submit a copy of their current liquor liability insurance; however, it expires on July 1, 2010. They are very aware of this and intend on providing the City with the needed document upon its receipt. 19 K May 12, 2010 Church of St. Genevieve 7o87 Cgoiffon Road - Centervilk, Ninnaota S5038 - (651) 429-7937 City of Centerville 1880 Main Street Centerville, MN 55038 Subject: St. Genevieve's Parish Festival Sunday, August 15, 2010 Liquor License Enclosed is the completed Application for a temporary license for sale of liquor. This year the sale of beer will take place on our Parish Community Center grounds, 6995 Centerville Road. In case of inclement weather, the sale of beer will take place on the Church grounds, 1683 Sorel. Please feel free to contact the undersigned with any questions. Sincerely, Andrew A. Melcher St. Genevieve Festival Coordinator 952- 927 -2431 days 20 <r May 12, 2010 Church of St. Genevieve 7087 90ffon Road • Centerville, Nlnnesota 55038 - (651) 429 - 7937 Centerville City Council City of Centerville 1880 Main Street Centerville, MN 55038 Subject: St. Genevieve's Parish Festival Sunday, August 15, 2010 Dear Council Members: We are requesting your support in approving our gaming permit for our annual Parish Festival. Enclosed is the completed form. We respectfully request your signature and the return of the form to us. Please feel free to contact the undersigned with any questions. Sincerely, <« Andrew A. Melcher St. Genevieve Festival Coordinator 952- 927 -2431 days 21 a C) N 0 N C N T O T 0 e s / 0 0 0 �o vItL 1 ER B EN N 0 500 1000 Scale in feet LA I PE� BID SITE CITY HALL 1880 MAIN ST. LA KE � 11111111 .�����: �■ .� ;..�! 11111/ ► � 9 11�► .! \J . A, .■ i M CC Se r P-1 im ■■ ■I 1 m , awt i / I IL PROJECT LOCATIONS VICINITY MAP 1 71 — p - r r„ ❑ I " terville Established 1857 CDBG WATER SERVICES PROJECT SHEET INDEX G1.01 TITLE SHEET 01.01 -01.04 WATER SERVICES INTO HOMES 08.01 DETAILS THIS PLAN SET CONTAINS 6 SHEETS 2010 CITY OFFICIALS MARY CAPRA MAYOR Z LINDA BROUSSARD COUNCIL `/ D. LOVE COUNCIL JEFF PAAR COUNCIL BEN FEHRENBACHER COUNCIL PAUL PALZER PUBLIC WORKS DIRECTOR DALLAS LARSON ADMINISTRATOR MIKE JEZIORSKI FINANCE DIRECTOR o rc U 3 2 \ on N � W a 4 3 g a Jill � • Z a� o: s b ID 3 ~ l M o L m O 3 0 z 0M kD.. 3aui L C X U1 MNL L N o a 8 Z G Q U O W W a Z ! W W V) w w w Li Li 3 m U U 616D9169G101 srui r.Iruc. G1.01 w�c° Q -� rc 8 „ b' „ 8 � E ELT� „LAKt DRIVE 15 �� 6 I..L L 7 ' Vf N � 10n d 3 a o 6 tt Q a+ • O N (A ^' ttl t LL g Lu _I 1 Q N w � I V Lu I O V tl 8" I tt r rr B pi_ ul / - \ Q o �,� 12 , r 0 w Q5 /' O � Q �� / 8tt , � w o z 0- T Jwv / I r' L L I Z L OS V) L La N r, _J w s 8 11 w3 8 LEGEND I I 3 Z 5 _o ® LOT TO HAVE WATER SERVICE CONNECTION INSTALLED INTO HOME -MAIN TO CURB STOP PREVIOUSLY _ _ 1 r V p � INST U m rl i NOTES: i \ o n N y c� 1. PAYMENT BY THE LINEAR FOOT TO BE MEASURED FROM THE CURB STOP TO THE HOMEOWNER'S J1 o CONNECTION POINT IN THE HOME. AN ADDITIONAL LUMP SUM PAYMENT WILL BE MADE FOR THE PLUMBED n SERVICE CONNECTION INSIDE THE HOME. 0 2. SEE SPECIFICATIONS FOR MORE INFORMATION. 3. SERVICES FOR 7250 & 7241 MAIN ST.: SERVICE HAS ALREADY BEEN EXTENDED INTO HOME 2 O WORK WILL ONLY INVOLVE PLUMBING CONNECTION 6161017100101 � � � 0 00 2 100 tale in fe • O 1 _ ( I 1 � N Z T / I 8 z 11 " 1 • `l �� F a $ 'butts: i � m 8" i 811 73RD STRL 1M w ! / fi g "N All I �o� 611 Q 1 1 fl G 1 y�< 5 11 l7 J i i I�� W �\ U 1 1 \ - I 15 a :�� a J / 611 E 8 n I W 8 811 > I m m u i ; o - -- 6" tt Y 0 z b Ln 1 1 IZ1 3 a c X N ^.,tn LE _ 8 11 r N a o P�",AIRI _ b „ (� DRIVE 2ND 1/q S — 611 LII TGQ \ 17 1 $" McBRIDE - T J MEMORIAL _ 72ND STRE — STEVEN LANE 6 / PARK v 8 11 N 1 m Q Q D W 6 F ®X RUN — N o O J N - 611 I ' .0 p z O - w o PARK N. R j 811 V) �\ \ 1 6 - 1 1 011 w N o W / l W F "o LEGEND I j I - 3 ® LOT TO HAVE WATER SERVICE CONNECTION INSTALLED INTO HOME - MAIN TO CURB STOP PREVIOUSLY INSTALLED 4D W g V N C�► R[ c) � z i NOTES: �- 0 11 � c� 1. PAYMENT BY THE LINEAR FOOT TO BE MEASURED FROM THE CURB STOP TO THE HOMEOWNEWS o CONNECTION POINT IN THE HOME. AN ADDITIONAL LUMP SUM PAYMENT WILL BE MADE FOR THE PLUMBED z i W SERVICE CONNECTION INSIDE THE HOME. O V) I 0 1 : 00 2. SEE SPECIFICATIONS FOR MORE INFORMATION. / - - - $„ O - " in fee 616,01710C101 IYL• � X1.1.1 aalui Iwn.. \\ R(lY S. RI C 1 .02 II I 8" a r I I II II I 1 I I ky 6" I I II II J Y VA, ; ; H LE IRCL $n II , ______ - 8" 8" � 1 1 c, 6" 6" ! S.A.H. 14 12 " 12" 12" I 'Q; _ MAIN STREET_ - - - JUDICIAL - DITC_,H- NO.. 3 ='- -- D 3 HERITAGE STRE a o / $' 17 N 0 8" 6'0 0 N �l LEGEND ® LOT TO HAVE WATER SERVICE CONNECTION INSTALLED INTO HOME - MAIN TO CURB STOP PREVIOUSLY INSTALLED NOTES: 1. PAYMENT BY THE LINEAR FOOT TO BE MEASURED FROM THE CURB STOP TO THE HOMEOWNER'S CONNECTION POINT IN THE HOME. AN ADDITIONAL LUMP SUM PAYMENT WILL BE MADE FOR THE PLUMBED SERVICE CONNECTION INSIDE THE HOME. 2. SEE SPECIFICATIONS FOR MORE INFORMATION. 3. THE SERVICE FOR 7080 BRIAN DRIVE WILL COME FORM THE BACK YARD . A CURB STOP ALREADY EXISTS IN THE BOULEVARD OF COTTONWOOD COURT. A CONNECTION WILL BE MADE TO THE COPPER SERVICE AT A LOCATION DIRECTED BY THE ENGINEER. 4. SERVICES FOR 1806,1973 & 1976 MAIN ST. MAY REQUIRE PERMIT FROM ANOKA COUNTY TO WORK IN THEIR RIGHT OF WAY. CONTRACTOR IS RESPONSIBLE FOR OBTAINING THESE PERMITS. S. SERVICE FOR 1744 HERITAGE ST.: NO CURB STOP EXISTS SERVICE WILL NEED TO BE TAPPED FROM THE MAIN IN THE BACK YARD. 01 l � IONE wd� 12((T z I U. m I C.b 14 12" 12" CITY HALL 1 12" 12" 'W ` 35' -6" 10" i 1 0 " - 7 10 10" 8" - ~ S.I ROBI LANE ROY MEADOWS/ PARK I I 1 6� z sMi " 0 1 15 o n M Mp�"q a 3u1 3 O olzem ; W I o d3a�.e y A C X N IA ry Vl L U. O N 1 K w z O� m � U 6 € 4 8"1I _e�- J i Q U ~ w N co)� w Z _ Z W O U z -ry W w � V) w � H C� Li LLJ 3 3 W o U� 61610171OC101 slue " w c1.03 I G 6 11 6 C 0 100 Sao — Scale in feet Tit • _ l f � }) 811 Q 12" O I w I { I HERITAGE STRE I 8" 6" 811 IAJ� 'r" (7> 811 1 t2 1 N a co N n 0 N V 12" N 8 11 Z LEGEND ® LOT TO HAVE WATER SERVICE CONNECTION INSTALLED INTO HOME - MAIN TO CURB STOP PREVIOUSLY INSTALLED NOTES: 1. PAYMENT BY THE LINEAR FOOT TO BE MEASURED FROM THE CURB STOP TO THE HOMEOWNER'S CONNECTION POINT IN THE HOME. AN ADDITIONAL LUMP SUM PAYMENT WILL BE MADE FOR THE PLUMBED SERVICE CONNECTION INSIDE THE HOME. 2. SEE SPECIFICATIONS FOR MORE INFORMATION. 3. SERVICE FOR 1744 IS FROM BACKYARD. ALSO THIS SERVICE WILL NEED TO BE TAPPED OFF THE MAIN LINE AND HAVE A CURB STOP ADDED. 8 11 IL � c i X ff - - w T 12" rmmuv �v (; F_N7ER STRFFT m -al, EAGLE PARK coo W N � g lip 2 et b � I ,1 - -- �g 8 M g ;^0NEER LA s n M � D d 3aui� o ' Ln C X IA MNLI C N a \ w W 2 m . O ® �o m 12 - • 4 � U I 12" Z w - V Zw o U t- z I w I { I HERITAGE STRE I 8" 6" 811 IAJ� 'r" (7> 811 1 t2 1 N a co N n 0 N V 12" N 8 11 Z LEGEND ® LOT TO HAVE WATER SERVICE CONNECTION INSTALLED INTO HOME - MAIN TO CURB STOP PREVIOUSLY INSTALLED NOTES: 1. PAYMENT BY THE LINEAR FOOT TO BE MEASURED FROM THE CURB STOP TO THE HOMEOWNER'S CONNECTION POINT IN THE HOME. AN ADDITIONAL LUMP SUM PAYMENT WILL BE MADE FOR THE PLUMBED SERVICE CONNECTION INSIDE THE HOME. 2. SEE SPECIFICATIONS FOR MORE INFORMATION. 3. SERVICE FOR 1744 IS FROM BACKYARD. ALSO THIS SERVICE WILL NEED TO BE TAPPED OFF THE MAIN LINE AND HAVE A CURB STOP ADDED. 8 11 IL � c i X ff - - w T 12" rmmuv �v (; F_N7ER STRFFT m -al, EAGLE PARK coo W N � g lip 2 et b � I ,1 - -- �g 8 M g ;^0NEER LA s n M � D d 3aui� o ' Ln C X IA MNLI C N a \ w W 2 m . O ® �o m 12 - • 4 � U w N U w W a m Z = Zw o U t- z rn ,-; w w � (n U JLu V) 12" a LLJ � a U 3 U 12" - -- -- 61610171OC101 jil C1.04 12" m CL a M 0 0 N CL PL Variable Variable Curb Stop and Box and Stationary Extension Rod 1" Corporation Stop Water Service 1" Type °K" Copper or Poly PE 3408, PC16D /DR11 Water Main Concrete Block Support = - - -- 7 Curved Segmental Manhole Block for Gooseneck Support Sanitary Sewer CONNECT WATER SERVICE TO EX. EXISTING HOME I H M E (P INSIDE HOME (PER EACH). FLOOR SLAB POLYETHELENE PE 3408, PC 160 /DRII (INSTALLED AT LOCATION DESIGNATED BY HOME OWNER) NOTE: CONTRACTOR SHOULD BE AWARE OF LANGUAGE IN PLUMBING CODE - SECTION 4715.2280 REQUIRING ANCHORING OF THE WATER METER. PREVIOUSLY INSTALLED f� - 1" WATER SERVICE P- = 1" WATER SERVICE DIRECTIONALLY DRILLED - CURB STOP TO HOUSE (L F) TYPICAL WATER SERVICE 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7080 7095 7049 1745 1800 1808 1833 6977 7248 1744 1806 1973 1976 7241 7250 7216 7241 6908 1580 1588 1687 1689 1743 1783 7184 6908 Address BRIAN DRIVE BRIAN DRIVE BRIAN DRIVE CENTER STREET CENTER STREET CENTER STREET CENTERSTREET CENTERVILLE ROAD CENTERVILLE ROAD HERITAGE STREET MAIN STREET MAIN STREET MAIN STREET MAIN STREET MAIN STREET MILL ROAD MILL ROAD OAK CIRCLE PELTIER LAKE DRIVE PELTIER LAKE DRIVE PELTIER LAKE DRIVE PELTIER LAKE DRIVE PELTIER LAKE DRIVE PELTIER LAKE DRIVE SHAD AVENUE TOURVILLE CIRCLE WATER SERVICE INTO HOME LIST OF HOMES Properly Owner Est. Service Length Main to C.S. C.S. to Home THOMAS JOHN - DIANNE VIRGINIA WILLIAM - REBECCA KARL MIKE - NANCY LISA -TED JOHN-CINDY CHRISTOPHER LEO - MARGARET CLAY LEON RICHARD ROBERT C. AN ITA GREGORY PATRICK-KATHRYN DAVID DALE KEVIN WILLIAM IRENE JOHN - KELLI RYAN DWIGHT LARRY BEIGLE HERDINA BURQUE CAMPBELL SOLBERG COUNTRYMAN HIPPE RIEDER RASMUSSEN HENSEL ALCOCK DALLIER BROWN KNABE MARTEN H ILL FREIERMUTH LOREN LARSON PEICKERT SVETIN SEASHORE MOORE BROBERG SCHUSTER KLECKER JR. N B q �W `6 NY Ala es rt <� I " 15 0� _:it g . a IE 3 ' o.. rn Z o M 7 xf � Ln N y M%oLn d 3 a u . a X HImn N CL 0 c m ° Q U O O W X Z °- Z N LLI �5 15 � a V) � o J � Q W3 Z cD W o U L) 6161017100601 C8.01 EXIST. CURB STOP TYPICAL WATER SERVICE 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7080 7095 7049 1745 1800 1808 1833 6977 7248 1744 1806 1973 1976 7241 7250 7216 7241 6908 1580 1588 1687 1689 1743 1783 7184 6908 Address BRIAN DRIVE BRIAN DRIVE BRIAN DRIVE CENTER STREET CENTER STREET CENTER STREET CENTERSTREET CENTERVILLE ROAD CENTERVILLE ROAD HERITAGE STREET MAIN STREET MAIN STREET MAIN STREET MAIN STREET MAIN STREET MILL ROAD MILL ROAD OAK CIRCLE PELTIER LAKE DRIVE PELTIER LAKE DRIVE PELTIER LAKE DRIVE PELTIER LAKE DRIVE PELTIER LAKE DRIVE PELTIER LAKE DRIVE SHAD AVENUE TOURVILLE CIRCLE WATER SERVICE INTO HOME LIST OF HOMES Properly Owner Est. Service Length Main to C.S. C.S. to Home THOMAS JOHN - DIANNE VIRGINIA WILLIAM - REBECCA KARL MIKE - NANCY LISA -TED JOHN-CINDY CHRISTOPHER LEO - MARGARET CLAY LEON RICHARD ROBERT C. AN ITA GREGORY PATRICK-KATHRYN DAVID DALE KEVIN WILLIAM IRENE JOHN - KELLI RYAN DWIGHT LARRY BEIGLE HERDINA BURQUE CAMPBELL SOLBERG COUNTRYMAN HIPPE RIEDER RASMUSSEN HENSEL ALCOCK DALLIER BROWN KNABE MARTEN H ILL FREIERMUTH LOREN LARSON PEICKERT SVETIN SEASHORE MOORE BROBERG SCHUSTER KLECKER JR. N B q �W `6 NY Ala es rt <� I " 15 0� _:it g . a IE 3 ' o.. rn Z o M 7 xf � Ln N y M%oLn d 3 a u . a X HImn N CL 0 c m ° Q U O O W X Z °- Z N LLI �5 15 � a V) � o J � Q W3 Z cD W o U L) 6161017100601 C8.01 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636.1311 www.bonestroo.com May 20, 2010 Dallas Larson Administrator City of Centerville 1880 Main Street Centerville, MN 55038 -9794 Re: Professional Services Agreement City of Centerville Bonestroo File No.: 000616 - 10000 -0 Dear Dallas: Bonestroo Enclosed are two signed copies of the Professional Services Agreement between Bonestroo and the City, as modified based on comments from you and the City Attorney. At your request, we have eliminated various separate charges including that for cell phone usage. When you have had a chance to review the document and find it acceptable, please sign and date it. The contract also requires signature by the Mayor. Thank you for your cooperation in updating the agreement between the City and Bonestroo. We look forward to providing our services to Centerville for years to come. Sincerely, :• •O• '0 � "t - Mark Statz, PE City Engineer 651 - 604 -4709 BONESTROO Lee M. Mann, PE Principal -In- Charge 651 - 604 -4850 Attachments: Professional Service Agreement (2- copies, signed) 22 Professional Services Agreement # Bonestroo THIS IS AN AGREEMENT, effective on , between the City of Centerville, MN ("City'I and Bonestroo, Inc., a Minnesota corporation ("Consuitant'l, for engineering and other professional technical services. City and Consultant agree as follows. SECTION 1. CONSULTANT'S SERVICES 1.1 General The City intends to engage the Consultant from time to time to provide engineering and such other professional technical services as planning, surveying, landscape architecture, architecture, and professional services in the environmental sciences. Each engagement of the Consultant by the City or each construction project shall be referred to as a "Project." The City reserves the right to retain others to perform engineering and other professional technical services for the City. 1.2 Basic Services for Construction Projects For construction projects, the Consultant will provide the "Basic Services" described in Appendix A. Basic Services for construction projects consist of three phases: 1) Feasibility Study /Report Phase 2) Design Engineering Phase 3) Construction Engineering Phase 1.3 Supplemental Services If authorized by the City, the Consultant will furnish "Supplemental Services" (defined as services not included in Basic Services), examples of which are identified in Appendix B. 1.4 Other Investioations. Studies and Reports The City may direct the Consultant to provide services not related to a construction project ("Special Studies'J. Although not a complete list, examples of Special Studies include: traffic studies; transportation studies; feasibility or conceptual investigations, studies and reports; sanitary sewer, water, and stormwater system master plans; comprehensive planning; market research; environmental assessments, worksheets or impact statements; and rate studies. For Special Studies, the Consultant will provide the City with a written scope of Basic Services and an estimate of the costs, and will not begin work until authorized by the City. SECTION 2. THE CITY'S RESPONSIBILITIES The City is responsible for all matters described in Appendix C. SECTION 3. COMPENSATION 3.1 General For services rendered, the City will pay the Consultant on an hourly basis in accordance with the Billing Rate Schedule in Appendix D, plus Reimbursable Expenses. The Engineer's compensation will be based on the Project's scope of services and not -to- exceed cost estimate furnished to the City by the Consultant prior to initiating work on the Project. Billings shall include the breakdown of hourly work by date for each staff member together with a breakdown for each project showing approved fees, billed to date, and approved budget remaining. 3.1.1 If, during the course of a Project, the scope of the Project changes, or the City authorizes a change to increase or decrease the scope of the Engineer's services, the City will negotiate a corresponding increase or decrease in the Engineer's compensation. Centerville City Engineer Master Agreement 23 3.1.2 Notwithstanding the provisions of 3.1.1, for Construction Engineering Basic Services, the Engineer's actual costs may be more or less than its initial estimate, based on a level of effort that must vary to account for such unknown Project factors as: • Quality and responsiveness of the construction contractor(s) • Weather conditions • Adherence to the Project construction schedule • Unknown or changed conditions at the Project site revealed during construction The Consultant will not provide services nor incur expenses which would cause its charges to exceed its estimate without the City's authorization. 3.1.3 As an alternative for a particular Project if agreed to by both parties, the City may pay the Consultant on a lump sum basis where the amount is negotiated between the two parties. 3.2 Pavment for Reimbursable Expenses 3.3 Unless otherwise provided, in addition to Engineer's fees, the City will pay the Consultant for Reimbursable Expenses on the basis of the Engineer's cost plus 10 %. Although not a complete list, examples of Reimbursable Expenses include: the costs of plotting drawings and the reproduction of drawings and specifications; project- specific printing and binding; rental equipment; testing; mileage; travel and per -diem expenses of the Consultant for out -of -town trips required for the Project; construction stakes; postage and delivery charges; any new taxes, fees or costs imposed on the Engineer's services (such as sales taxes) after the date of this Agreement; and out -of- pocket expenses incurred directly for the Project. 3.4 Proaress Pavments The City will make progress payments to the Consultant in proportion to services performed and expenses incurred. The Consultant will invoice the City by email or first -class mail monthly during the progress of the work. The City shall pay each properly documented invoice of the Consultant within 30 days after the City's receipt of such invoice. The City may not reserve as retainage any portion of a payment due under this Agreement. 3.5 Obiections to Invoices /No Deductions It is important for the Consultant to be promptly informed of problems. If the City objects to any portion of an invoice, the City shall notify the Consultant in writing within twenty days of the invoice's receipt. The City agrees to pay any undisputed portions of an invoice. No deductions shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other sums withheld from payment to contractors, except as may be determined by mediation, arbitration, litigation or other dispute resolution mechanism to which the Consultant is a party. 3.6 Suspension of Work If the City fails to make payments when due or otherwise breaches this Agreement, the Consultant may suspend work after providing five days notice to the City. The Consultant will not be liable for any costs or damages resulting from such a suspension of work. 3.7 Interest/Collection Costs The City agrees to pay the Consultant 1% per month interest on all invoices of the Consultant which are not in dispute, with interest beginning to accrue 30 days after the date of the invoice. If the Minnesota Prompt Payment Act (Minn. Stat. §471.425) requires a higher rate of interest, that rate shall apply. If the City fails to pay Consultant all amounts owing pursuant to the terms of this Agreement, the City agrees to pay all costs of collection, including reasonable attorney's fees, in addition to all other amounts due under this Agreement. SECTION 4. GENERAL CONSIDERATIONS 4.1 Standard of Care Centerville City Engineer Master Agreement 24 The Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by a members of the profession under like circumstances. Nothing in this Agreement, or otherwise prepared as a result of any Project, shall modify the foregoing standard of care, including any representations or promises that suggest that the Consultant will achieve any "Leadership in Energy and Environmental Design" (LEED) standards or certifications, or other energy efficiency or sustainability goals. The Consultant shall not be required to sign any documents that would result in it having to certify, guarantee, or warrant the existence of conditions whose existence the Consultant cannot ascertain. 4.2 QgLays Both the Consultant and the City will put forth reasonable efforts to complete their respective duties in a timely manner. Because the Engineer's performance must be governed by sound professional practices, the Consultant is not responsible for delays occasioned by factors beyond its control or that could not reasonably have been foreseen at the time of preparation of this Agreement. 4.3 Opinions of Costs and Schedules Since the Consultant has no control over the cost of labor and material or over competitive bidding and market conditions, the Engineer's Opinion of Probable Construction Cost and of Project schedules can only be made on the basis of experience or qualifications as a professional engineer. The Consultant does not guarantee that proposals, bids, actual Project costs, or construction schedules will not vary from Engineer's opinions or estimates. If the City desires greater assurance as to the anticipated Construction Cost of the Project, the City shall employ, or instruct the Consultant to provide as a Supplemental Service, an independent cost estimator. 4.4 Insurance 4.4.1 The Consultant agrees to maintain a professional liability insurance policy for its negligent acts, errors or omissions in an amount of at least $4,000,000 per claim and $4,000,000 annual aggregate, on a claims -made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those currently in effect. The Consultant will not cancel the insurance until thirty days after providing the City written notice. 4.4.2 The Consultant shall maintain: 1) Statutory workers compensation and employers' liability insurance coverage. 2) Comprehensive general liability insurance coverage of not less than $1,000,000 per occurrence and aggregate; and automobile liability insurance coverage of not less than $1,000,000 combined single limit, and shall cause the City to be listed as an additional insured, on a primary and non - contributory basis. 4.4.3 The City shall require contractors to purchase and maintain general liability and other insurance as specified in the construction contract documents and to cause the Consultant and its consultants to be listed as additional insureds, on a primary and non - contributory basis. 4.5 Use of Instruments of Service 4.5.1 All materials, including but not limited to reports, exhibits, models, maps, charts, computer data, and supporting documentation produced under work authorized by this Agreement or subject to any prior agreement ("Materials', shall become the property of the City upon completion of the work or termination of this Agreement. All Materials shall be delivered to City within fifteen (15) days after written request by the City. Consultant may reuse standard portions of the Materials in the normal course of its business. 4.5.2 The City acknowledges that the Materials are not intended or represented to be suitable for use or reuse by the City or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by a registered Design Professional who certifies such written verification or adaptation. In the event of any use or adaptation by the City after termination of a Project whereby the Materials are verified for Centerville City Engineer Master Agreement 3 25 reuse, revised, altered, or otherwise modified by anyone other than the Engineer, City agrees to defend and indemnify the Consultant from any claims, damages, costs or expenses (including reasonable attorney's fees) arising out of any defect or deficiency in Materials verified for reuse, in modified Materials, or in a Project constructed pursuant to them. 4.6 Electronic Data 4.6.1 If included in Basic Services or Supplemental Services, the Consultant will furnish the City with files in electronic media format of text, data, graphics, or other written documents ("Electronic Data ") provided in hard copy form. Electronic Data is furnished only for convenience, not reliance by the City. In the event of any conflict between a hard copy document and the Electronic Data, the hard copy document governs. The Electronic Data shall be prepared in the current software in use by the Consultant and is not warranted to be compatible with other systems or software. 4.6.2 Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the City agrees that it will perform acceptance tests or procedures within 60 days after receipt of Electronic Data from the Engineer. Any transmittal errors detected within the 60 -day acceptance period will be corrected by the Engineer. The Consultant makes no warranties, express or implied, regarding the fitness or suitability of the Electronic Data. The City understands that the Electronic Data is perishable and subject to undetectable alteration and the Consultant shall not be responsible for data that has been altered. 4.7 Termination. Suspension or Abandonment 4.7.1 The City or the Consultant may terminate or suspend this Agreement for substantial non- performance by the other party, including without limitation the failure to make payments in accordance with this Agreement. The party terminating or suspending this Agreement shall give seven days written notice to the other party. If a party seeks to terminate the Agreement for such non - performance, the other party shall have seven days to cure the non - performance before the termination becomes effective. 4.7.2 If the Project or the Engineer's services are suspended or abandoned for more than 90 days, the Consultant may terminate this Agreement upon seven days written notice to the City. The Consultant shall have no liability on account of a suspension or abandonment by the City. If a suspended or abandoned Project is reinstated, an equitable adjustment to the Engineer's compensation may be necessary. 4.7.3 The City may terminate this agreement for any reason by providing written notice of termination. 4.7.4 In the event of termination or suspension permitted by this Agreement or abandonment of the Project by the City, the City shall compensate the Consultant for services performed prior to notice of termination, suspension or abandonment and for services directly attributable to the termination, suspension or abandonment itself, together with Reimbursable Expenses. If the City properly terminates Consultant for cause, the City may withhold from Engineer's compensation those damages directly attributable to the cause of the termination. 4.8 DISDute Resolution 4.8.1 In an effort to resolve any conflicts that arise out of the services under this Agreement, all disputes between the City and the Consultant arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencing arbitration or litigation. The Mediator's fee shall be shared equally and mediation shall proceed only at a place where arbitration or litigation is proper. Mediation shall not be a condition precedent to arbitration or litigation if a party refuses to make reasonable arrangements for a mediation within 20 days of demand by the other party. If a dispute relates to or is the subject of a lien arising out of the Engineer's services, the Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or arbitration. This section survives termination of this Agreement, but no party may call for mediation after such time as the law would bar initiation of legal proceedings for a claim or dispute arising out of or relating to this Agreement. Centerville City Engineer Master Agreement 4 26 4.8.2 Unless the City and the Consultant mutually agree otherwise, all claims, disputes, and other matters in question arising out of or relating to this Agreement which are not resolved by mediation and where the amount in controversy is less than $1,000,000, shall be decided by binding arbitration in accordance with the then -most current Construction Industry Rules of the American Arbitration Association. The arbitrators will not have jurisdiction, power or authority to consider any claim or dispute: (a) where the amount in controversy is more than $1,000,000 (exclusive of interest and costs); (b) when the demand for arbitration is made after the date when a court action would be barred by any applicable statute or period of repose or limitations; or (c) when the claim or dispute is a claim for contribution or indemnity arising out of a claim by a third party who does not consent to joinder in arbitration. 4.8.3 In the event of litigation or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses. 4.8.4 If the Consultant or the City intends to assert a claim against the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible and, in any event, prior to resolving the dispute with the third party. 4.9 Hazardous Materials Ownership of and legal responsibility and liability for hazardous or waste material not supplied by Consultant shall not become the property of, nor responsibility of the Consultant by virtue of its services rendered to the City. 4.10 Governing Law This Agreement shall be governed by the laws of the State of Minnesota and any dispute or dispute resolution process shall be venued in Ramsey County, Minnesota. 4.11 Integration This is an integrated Agreement and it supersedes all prior negotiations or agreements between the parties. It shall be modified only by a written document signed by the party sought to be bound. The provisions of this Agreement are severable, and if any provision is found to be unenforceable, the remaining provisions continue to be valid, and the unenforceable provision shall be reformed with a valid provision that comes as near as possible to expressing the intention of the unenforceable provision. 4.12 Assionment and Waiver Except for the Engineer's use of necessary consultants, the Consultant and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party. The waiver of any term or condition or breach thereof by either party shall not constitute a waiver of any other term or condition or breach thereof. 4.13 Engineer's Services In performing professional technical services, the Consultant is not engaged in rendering Jegal, insurance, or accounting services or advice. The City agrees that documents prepared by the Engineer, including reports, bidding materials, and form contracts will be reviewed by the appropriate representative of the City, such as the City's attorney, insurance counselor or other Engineers, to the extent that the City deems necessary to protect its interests. 4.14 Government Agencies The Consultant shall not be liable for damages resulting from the actions or inactions of government agencies, including without limitation permit processing, environmental impact reports, dedications, zoning matters, annexations or consolidations, use or conditional use permits, and building permits. Centerville City Engineer Master Agreement 5 27 4.15 Monitoring Work If required by the scope of services, the Consultant will make visits to the Project site at intervals appropriate to the various stages of construction as-the Consultant deems necessary in order to observe the progress and overall quality of construction. The Consultant will not be required to make exhaustive or continuous observations on the Project site. Based on such visits, the Consultant will determine in general if the construction work is proceeding in accordance with the contract requirements, keep the City informed of the progress of the construction work, and will endeavor to guard the City against defective work. The Consultant will not supervise, direct, control, or have authority over or be responsible for the Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the Contractor to comply with laws and regulations applicable to the work. 4.16 Americans with Disabilities Act The Consultant shall use reasonable professional effort and judgment. in interpreting and advising the City as to the necessary requirements for the Project to comply with the Americans with Disabilities Act (ADA). The Consultant shall rely on the local building department for interpretations of the ADA at the time the service is rendered. The Consultant does not warrant or guarantee that the Project will fully comply with interpretations of ADA requirements by regulatory or judicial bodies. 4.17 M.S. 471.425 Prompt Pavment Act In accordance with MN Statutes 471.425, the Consultant will pay any consultant it has hired for work on a City Project within ten days of the Engineer's receipt of payment from the City for undisputed services provided by the consultant. The Consultant will pay interest of 1 -1/2 percent per month or any part of a month to the consultant on any undisputed amount not paid on time to the consultant. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual penalty due to the consultant. A consultant who prevails in a civil action to collect interest penalties from the Consultant must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 4.18 Survival of Terms The provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement shall survive expiration or termination of this Agreement. SECTION S. LIABILITY Having considered the potential liabilities that exist during the performance of the Engineer's services, the benefits of a Project, the Engineer's fee for its services, and the promises contained in this Agreement, the City and the Consultant agree that risks should be allocated in accordance with this section, to the fullest extent permitted by law. 5.1 Indemnification The Consultant and the City each agree to indemnify each other from liability for losses, damages or expenses (including reasonable attorney's fees) to the extent they are caused by each party's respective negligent or intentional acts, errors or omissions relating to this Agreement. In the event the claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Consultant and the City, they shall be borne by each party in proportion to its own negligence. 5.2 Desion without Construction -phase Services If the Engineer's Basic Services under this Agreement include design but do not include Project observation, or review of the Contractor's performance, or any other construction phase services, then the City assumes all responsibility for interpretation of the plans and specifications and for construction observation or review and waives any claims against the Consultant that may be in any way connected thereto. Centerville City Engineer Master Agreement 6 28 SECTION 6. NOTICES Any notices required by this Agreement shall be given to the person below: Consultant: Mark Statz Bonestroo, Inc. 2335 Hwy 36 W St. Paul MN 55113 (651) 604- 4709(phone) (651) 636- 1311(fax) mark.statz @bonestroo.com Client: Dallas Larson City of Centerville 1880 Main St Centerville MN 55039 -9794 (651) 429 -3232 (phone) (651) 429 -8629 (fax) dlarson@centervillemn.com ksweeney @centerviliemn.com (for billing purposes) Each parry shall promptly notify the other in writing of any changes to the above. All notices required by this Agreement shall be delivered in writing by email, first -class mail, fax or personal delivery, and shall be effective upon receipt. ********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. ENGINEER: BONESTROO, INC. B y David O. Loskota, Contracts Officer CITY: CITY OF CENTERVILLE, MN By Date 05/21/2010 Date And By Date Centerville City Engineer Master Agreement 29 Mary Capra, Mayor Dallas Larson, City Administrator Appendix A Basic Services for Construction Projects The Engineer's Basic Services for construction projects consist of three phases, which are described below or as otherwise proposed by the Consultant and approved by the City for a specific Project. 1. Feasibility Study / Report Phase Upon receipt of the City's authorization to proceed with the Feasibility Study /Report, unless otherwise indicated in the approved scope of work, the Consultant will: 1.1 Perform a preliminary field survey for the Project. 1.2 After consulting with the City, perform an engineering feasibility study on the Project. The resulting report will indicate the scope of the Project and include the following elements: 1) Project sketches indicating the general nature of the proposed Project improvements; 2) Summary of preliminary design alternatives and recommendations; 3) Engineer's preliminary opinion of probable construction cost; 4) List of permits required from other governmental and administrative bodies; 5) Administrative, 4egal, bonding and engineering cost estimates based on a percentage of the construction cost; 6) Proposed funding sources. 1.3 Outline the anticipated permanent and temporary easements and rights -of -way needed for the construction of the Project. 1.4 Submit eight copies of the Feasibility Report to the City six calendar days before review by the City Council. 1.5 Using maps and diagrams which depict the nature and location of the Project, present the data contained in the Report to the City Council at a public hearing when required. 2. Design Engineering Phase Upon receipt of City authorization to proceed with the Final Design, the Consultant will: 2.1 Design and prepare detailed plans and specifications for the Project. During its work, the Consultant will periodically consult with the City's appointed representative to obtain the City's comments. Upon completion, the Consultant will submit five sets of the plans and specifications for review by the City, five calendar days prior to their review and approval by the City Council at a public meeting. 2.2 Assist the City in preparing applications necessary for approvals, permits and licenses from other entities, such as the Minnesota Department of Transportation, Minnesota Department of Health, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, Anoka County, watershed districts, railroads, and private utilities, and making any unanticipated changes resulting therefrom. 2.3 Prepare the Contract Documents for review by the City and its attorneys, which include: 1) Construction agreement forms 2) Payment and performance bond forms 3) Proposal forms 4) General and supplementary conditions 5) Special provisions 6) Specifications 7) Construction drawings The Consultant will furnish Contract Document sets in sufficient quantity to satisfy the number of anticipated bidders. 2.4 Advise the City about necessary services in addition to those furnished by the Engineer, such as soil borings, testing services and other information needed for a Project. If authorized by the City, the Centerville City Engineer Master Agreement 8 30 Consultant will assist the City to procure these services. The providers of these services will contract directly with the City and issue invoices directly to the City. 2.5 Prepare a statement of the Engineer's opinion of probable construction cost for the Project, based upon designs established to this point. 2.6 Upon receipt of City Council authorization to proceed, assist the City in obtaining and analyzing construction bids for the Project. The Consultant will prepare a tabulation of the bids received for the City's use in award of the construction contract. 3. Construction Engineering Phase Upon receipt of City authorization to proceed with the Construction Phase of the Project, the Consultant will proceed with the scope of Basic Services furnished to the City by the Engineer. The scope of Basic Services shall also delineate any tasks to be performed by the City in addition to those in Appendix C, for all of which the City shall assume all responsibility and liability. If no additional tasks are to be performed by the City, the Engineer's scope of Basic Services will include the following: 3.1 Organize, attend and assist the City at the pre- construction conference with the successful bidder, and any other parties, bodies, or agencies which have an interest in the Project. 3.2 Provide construction survey staking. 3.3 Visit the Project site at appropriate intervals during construction to become generally familiar with the progress and quality of the contractor's work and to determine if the work is proceeding in general accordance with the Contract Documents. The City has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Further, the Consultant does not supervise or have control over the Contractor's work, the means or methods of construction, or safety precautions in connection with the work. As a result, the Consultant does not guarantee the performance of a contractor, and has no responsibility for the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on a Project. (More extensive site representation may be agreed to as a Supplemental Service, as described in Appendix B.) 3.4 Review shop drawings, samples and other submissions of the Contractor solely for their general compatibility with the Engineer's design intent and conformance with information given in the Contract Documents. The Consultant shall not be responsible for any aspects of a shop drawing submission relating to the duties of the Contractor (such as the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto) all of which are the Contractor's responsibility, and not the responsibility of the Engineer. 3.5 Review the Contractor's request for progress payments, advise the City in writing as to the Engineer's opinion of the extent of the work completed in accordance with the terms of the Construction Contract, and issue for processing by the City all requests for payment. 3.6 Make recommendations to the City as to all claims relating to the execution and progress of the construction work. 3.7 Issue such additional instructions to the Contractor as may be necessary to interpret the drawings and specifications or the illustrated changes required in the Contractor's work. 3.8 After consulting with the City, prepare designs and /or Change Orders for work not covered by the Contract or for substantial over -run of estimated "contract quantities" as defined in the Project's Contract Documents, for the City's approval and execution. Change Orders shall be processed as soon as practical after the City provides written approval to the Engineer. The City understands that Change Orders may be required during a Project for many reasons, including because of incompleteness, errors, or ambiguities in the Construction Documents. The Consultant shall not be liable for any type or quantity of Change Orders that are within professional standards. In no event shall the Consultant be responsible for paying the cost of a Change Order or other change to the extent that it would have been otherwise necessary to a Project or otherwise adds value or betterment to a Project. 3.9 Conduct construction progress reviews with the Contractor and the City related to the Contractor's date of completion. Centerville City Engineer Master Agreement 31 3.10 Coordinate periodic field tests during the course of construction. 3.11 Conduct an inspection to determine if the work is substantially complete. On the basis of its on -site observations, the Consultant shall prepare a "punch list" for the Contractor, listing work left to be completed by the Contractor. 3.12 Conduct, in the presence of the City's Representative, a final inspection of the Project as constructed to determine whether it: 1) Generally conforms with the Engineer's design concept of the Project as contained in the Contract Documents, and 2) Appears to be constructed in accordance with the Contract Documents. The Consultant shall certify a recommendation for aooeptance of the work to the City and then shall forward to the City a written approval of the Contractor's Request for Final Payment which shall be signed by the Contractor. 3.13 Arrange for the City to receive detailed instructions regarding the operation and maintenance of any equipment, machinery or apparatus installed as part of the Project. Such instructions shall be supplied by the Contractor and manufacturers' representatives. 3.14 Collect field measurements required to produce "Record Plans." The Engineer's review of the Contractor's work (including reviewing the Contractor's shop drawings and samples, work product and requests for payments) do not increase the responsibility or duties of the Consultant beyond those explicitly described elsewhere in this Agreement. By making these review efforts, the Consultant does not guarantee the performance of the Contractor or assume responsibility for any acts or omissions of the Contractor, including any failure of the Contractor to properly perform its work or comply with its obligations, and the City's sole remedy for the Contractor's acts or omissions is from the Contractor and not the Engineer. Centerville city Engineer Master Agreement 10 32 Appendix B Supplemental Services If authorized by the City, the Consultant may provide Supplemental Services for a Project. Examples of Supplemental Services include the following: 1. Making revisions in drawings, specifications or other documents when such revisions are: 1.1 Requested by the City and are inconsistent with approvals or instructions previously given by - the City; 1.2 Required by the enactment or revisions of codes, laws or regulations subsequent to the preparation of such documents; 1.3 Due to changes required as a result of the City's failure to render decisions in a timely manner; or 1.4 Due to any other causes beyond the Engineer's control. 2. Consultation regarding the replacement of all such parts of a Project as may be damaged by fire or other cause during construction and assisting the City in arranging for continuation of the work should the Contractor default for any reason. 3. Services made necessary by the default of a Contractor, by major defects or deficiencies in the work of a Contractor, or by failure of performance of either the City or a Contractor under the Contract for construction. 4. Construction dispute resolution assistance. 5. Services in connection with warranty work to be done by the Contractor. 6. Preparation of reproducible "Record Plans" of the construction Project showing those changes the Consultant considers significant which were made during the construction process, based on marked - up prints, drawings, and other data furnished by the Contractor, upon which the Consultant may rely in preparing the Record Plans. 7. Land surveys and the preparation of legal descriptions and exhibits, certificates or plats. 8. Environmental assessments, assessment worksheets, audits, investigations, and impact statements; and other relevant environmental studies for a Project, the site, and adjacent areas. 9. Transportation engineering and planning services, including: 9.1. Transportation analysis which encompasses and benefits an area greater than that of a Project. 9.2. Traffic signing and pavement marking design. 9.3. Traffic analysis, signal justification reports, and development of signal timing associated with preparing traffic signal plans and specifications. 9.4. Traffic analysis required for roadway and intersection geometric design. 9.5. Project development reports (project path and design study) required for Mn /DOT - funded projects. 10. Attendance at neighborhood meetings. 11. Assistance with assessments. 12. Attendance at and assistance with assessment hearings. 13. Assistance with easements. 14. Operator training. 15. Preparation of detailed operation and maintenance manuals. 16. User rate studies. 17. Pilot testing. 18. Preparation of applications for funding assistance. 19. Hydraulic and hydrologic studies, such as: 19.1. Hydraulic analysis benefiting an area greater than that of a Project. 19.2. Stormwater, surface water and groundwater quality analyses. Centerville City Engineer Master Agreement 11 33 20. Attendance at more than one public hearing per Project. 21. Assisting the City or its representative in connection with mediation, arbitration, litigation or other proceedings involving a Project, including preparing to testify and testifying as an expert witness. 22. Providing one or more full -time Resident Project Representatives (and assistant(s]) in order to provide the City with continuous representation at a Project site during the Construction Phase. 23. Providing any other service not otherwise included in Basic Services or not customarily furnished in accordance with generally accepted engineering practice. Centerville City Engineer Master Agreement 12 34 Appendix C The City's Responsibilities 1 Provide full information as to its requirements for a Project. The City will adequately define the scope of a Project. Assistance by the Consultant in scoping or defining a Project will be compensated as a Supplemental Service. 2 Furnish to the Engineer, prior to any performance by the Consultant under this Agreement, a copy of any planning, design and construction standards of the City which the City shall require the Consultant to follow in preparation of Contract Documents for a Project. 3 Place at Engineer's disposal all available written data pertinent to a Project, including existing reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land -use, and zoning maps, borings and other data affecting the design and /or construction of a Project. 4 Acquire all land, easements, and rights -of -way for a Project. 5 Provide access to Project sites and make all provisions for the Consultant to enter upon public and private lands as required by the Consultant to perform its services. 6 Examine all studies, reports, sketches, Opinions of Probable Construction Costs, specifications, drawings, proposals and other documents presented by the Consultant and promptly render the City's comments or decisions pertaining to each of such documents. 7 Provide legal review of the Contract Documents and provide any required accounting and insurance counseling services for a Project to the extent that the City deems necessary to protect its interests. City understands that the Engineer, in performing engineering and related professional technical services, is not engaged in rendering legal, insurance, or accounting services or advice. 8 Designate a single person to act as the City's Representative with respect to the Engineer's services. Such person shall have complete authority to transmit instructions, receive information, and interpret and define the City's policies and decisions with respect to services covered by this Agreement, subject to City Council approval when required by law or City policy. 9 Give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any defect in a Project or any development that affects the scope or timing of the Engineer's services. 10 Furnish, or authorize the Consultant to provide at the City's expense, "Supplemental Services" as provided in Appendix B as they may be needed for a Project. 11 Furnish to the Engineer, as required by the Consultant for performance of its services, information or consultations not covered under the Engineer's Basic Services, such as core borings, probings and subsurface explorations; hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; and appropriate professional interpretations of all of the foregoing; and zoning and deed restrictions. 12 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the work. 13 Act promptly on all construction Change Orders and provide authorization before Change Orders are issued to the Contractor on a Project. 14 Furnish, if City desires, inspection or monitoring services to verify that Contractor is complying with all laws or regulations and to verify that Contractor is taking all necessary safety precautions to protect persons and property, as the Consultant in this Agreement does not undertake to perform these services. In performing its services, the Consultant may rely upon the accuracy and completeness of all City- provided information. Centerville City Engineer Master Agreement 13 35 Appendix D 2010 Billing Rate Schedule Classification Hourly Rates Senior Principal $122.00 - $155.00 Principal 116.00 - 145.00 Specialist * 107.00 - 222.00 Project Manager 112.00 - 140.00 Senior Geologist / Environmental Health & Safety 125.00 - 149.00 Specialist/ Hygienist Senior Engineer- / Scientist / Architect / Landscape 107.00 - 140.00 Architect / Planner Architect Landscape Architect 97.00 - 116.00 Land Surveyor 85.00 - 144.00 Engineer I Planner I Scientist I Geologist I Hygienist 81.00 - 116.00 EH&S Specialist Designer ( GIS I Landscape Designer I Graphics 81.00 - 101.00 Engineering Technician I Senior Project Technician 63.00 - 96.00 Project Technician 43.00 - 65.00 Field Supervisor 86.00 - 132.00 Crew Chief 66.00 - 104.00 Environmental /Agricultural Inspector 75.00 - 140.00 Inspector 65.00 - 90.00 Survey Technician 45.00 - 65.00 GPS Survey Equipment 38.00 Total Station Equipment 28.00 GIS Workstation Equipment 22.00 GPS Submeter Unit (per use) 80.00 Flow Meter (per week) 200.00 Air Detection Equipment (per half day) 25.00 * Specialist: Experts in highly technical disciplines such as Principal Planner, Market Analyst, and Certified Industrial Hygienist These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Inc. Centerville City Engineer Master Agreement 14 36 !MA : Metropolitan Council ii. Environmental Services May 12, 2010 Mr. Mark Statz PE Bonestroo Inc. 2335 Highway 36 West St. Paul MN 55113 SUBJECT: Centerville Trails Consent to Allow Encroachment — Interceptors 7651 and 9708 Dear Mr. Statz: The Metropolitan Council Environmental Services (MCES) staff has reviewed the request to encroach upon its permanent easements. MCES facilities consist of a force main sewer pipes in Centerville, Minnesota. The Metropolitan Council has no objection to the improvements shown in the construction plans prepared by you fot Bonestroo, provided the enclosed agreement is executed by the person authorized to enter into such an agreement. Assuming an agreement is entered into: you will be required to notify the Metropolitan Council at least 48 hours prior to any further construction in order to allow for the Metropolitan Council's inspection of the work. Please contact Mr. Peter Schappa at (651) 602 -8934 to arrange for the inspection of the improvements. Please note: No work near Metropolitan Council facilities will commence until all parties have signed the enclosed agreement and the 48 -hour notice has been given. Any deviation from this procedure would result in you, as the project owner, assuming additional liability for any damages to the Metropolitan Council facilities. Call (651) 602- 4511, Metropolitan Council Regional Maintenance 24 -Hour Dispatch to report any problems with our sanitary sewer interceptor. Two copies of the agreements are enclosed. Please return both signed agreements to me, one fully signed agreement will be returned to you upon Metropolitan Council's signature. One original will be recorded in Anoka County Torrens/ Abstract records. Should you have any questions, please contact me at (65 1) 602 -4535. Sincerely, Peter Owens Enclosures Cc: file %vurw, t no rorounc il. ory 390 Robert Street North • St. Prtul, INN 551111. 1:+0 • (651) 602-1005 • Fax 1651) 002 -1477 • TTV i6SI1 2 -0904 ar; huuui ! prmr•rmiu F.':npMU.•r 37 CONSENT TO ALLOW ENCROACHMENT ONTO SANITARY SEWER EASEMENTS Interceptor Number: 7651&9708 County of Anoka Encroachment Number: The Metropolitan Council, a public corporation and political subdivision of the state, being the holder and owner of sanitary sewer easements on property in Centerville, Minnesota, described in Document No.'s 511625, and 1498567, being in the NW '/4 of the SW '/4 of Section 23, Township 31, Range 22, filed in the office of the County Recorder; and Document No.'s 511626, 1453480, being in the SE %4 of the SE V4 of said Section 23, also filed in the office of the County Recorder; and Document No. 340906, being in the South 1/2 of the North '/z of the SE '/4 of said Section 23, filed in the office of Registrar of Titles, all in Anoka County, Minnesota. In consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby consents to the encroachment onto those certain easements listed above, the easements being between the owner of said properties and the Metropolitan Council, to -wit: See attached Exhibit A The encroachment permitted by this Consent is described as follows: Grade changes for trail construction, a bituminous trail and minor storm sewer improvements over the sanitary sewer force main interceptors and easements as shown in the plans for Centerville Regional Trail Link prepared by Mark R. Statz P.E., of Bonestroo Inc. Selected plan - sheets from the project showing the improvements over the interceptors and easements are attached hereto and made a part hereof as Exhibit B. The Metropolitan Council and the City of Centerville, it's successors and assigns, hereby agree that said encroachment shall be subject to the following conditions: The City of Centerville, it's successors and assigns will indemnify, save and hold the Metropolitan Council harmless from and against any loss, cost, or expense incurred by the Metropolitan Council, including any losses resulting from claims or damages to property or injuries to or deaths of persons, judgments, court costs and reasonable attorneys fees, which - 1 - W arise out of or are claimed to have arisen out of the encroachment on or use of the easement area by the Public and City of Centerville, its successors and assigns. The City and the Metropolitan Council agree that they will independently be responsible for their own acts and the results thereof, to the extent authorized by law and shall not be responsible for the acts of the other party and the result thereof. The City and the Metropolitan Council's liability are governed by the provisions of Minnesota Statutes, chapter 466. 2. The City of Centerville, it's successors and assigns, will notify the Metropolitan Council .at least 72 hours in advance of the actual physical start of any construction. 3. The City of Centerville, it's successors and assigns, hereby agree that it will ensure their contractor and subcontractor's compliance with all applicable safety standards pertaining to working in the atmosphere of sanitary sewers. Attention is specifically directed to the confined space rules adopted by the Minnesota Department of Labor and Industry Regulations 5207.0300. 4. The City of Centerville, it's successors and assigns, hereby agree that construction of the project is in accordance with the construction plans as reviewed by the Metropolitan Council. The City of Centerville, its contractors and subcontractors must protect the Metropolitan Council facilities during construction. Stockpiles of soil and construction material and imposition of excessive loading over the interceptor sewer force main is not permitted. 5. The City of Centerville, it's successors and assigns, hereby agree that the Metropolitan Council employees, agents, and successors in interest shall have access to its facilities at all times. 6. The City of Centerville, it's successors and assigns, will pay for repair or replacement of any damage to or destruction of Metropolitan Council's facilities, which damage or destruction arises from or is attributable to the encroachment described in this consent. 7. Should the Metropolitan Council find it necessary to remove or disturb in any way the trail improvements and storm water structures and pipes shown on the plans and constructed as part of the project in the pipe easement area, reconstruction shall be paid for by the. City of Centerville, it's successors and assigns. S. This agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assignees and the consent granted herein shall be perpetual and shall constitute a . covenant running with the land. 9. The City of Centerville, it's successors and assigns shall provide to the Met Council Environmental Services Division specifications, half size drawings, and electronic files (AUTOCAD"' 2009 or newer) of the Project encroaching on the Met Council Easement. !WO IN WITNESS WHEREOF, the undersigned parties have caused this agreement to be duly executed this day of , 2010. The City of Centerville, By: Its: City Administrator STATE OF MINNESOTA ) )ss COUNTY OF ) On the day of , 2010, before me, a notary public within and for said County, appeared Dallas Larson, respectively named in the foregoing instrument as the City Administrator of the City of Centerville, and that said instrument was signed on behalf of said City of Centerville, a Minnesota Municipal Corporation, by authority of its City Council, and said Council acknowledged said instrument to be the free act and deed of said City of Centerville. Notary Public METROPOLITAN COUNCIL By Thomas H. Weaver Regional Administrator STATE OF MINNESOTA ) )ss COUNTY OF RAMSEY ) On the day of , 2010, before me, a notary public within and for said County, personally appeared Thomas H. Weaver, Regional Administrator, named in the foregoing instrument, and that said instrument was signed on behalf of said Metropolitan Council, a public corporation and political subdivision of the state, by authority of its Board and said Board acknowledged said instrument to be the free act and deed of said Metropolitan Council. Notary Public -3. 40 Approved as to Legal Form: Office of General Counsel DRAFTED BY: Jeanne K. Matross Attorney No. 68615 Associate General Counsel Metropolitan Council 230 East Fifth Street St. Paul, MN 55101 651 -602 -1108 Attach Exhibit A — Easement Documents Attach Exhibit B — Plan Sheet -4- 41 .:''�. Metropolitan Council Metro Meetings A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and regional Council sponsored events. The Metropolitan Council is located at 390 Robert St N., in downtown St Paul All meetings are held at this location unless otherwise noted Meeting times and agendas are subject to change. Visit our website at www.metrocouncil.or-a for more information. Video of meetings of the Council and some committees are now available live and archived for later viewing at www.metrocouncil.ore Saturday, May 15 Metro Mobility Annual Public Form - How Well Service Meets Transportation Needs: 9:30 —11 am., Metro Transit Heywood Office, 560 Sixth Ave., N., Minneapolis htto : / /www.metrocouncii.ore/news /2010 /news 678.htm Week of May 17 — 21, 2010 Monday, May 17 Community Development Committee: 4 p.m., Chambers - Establish Public Hearing for the PHA Plan; - Administrative Service Contracts, Section 8 Housing Assistance Program; - Resolution Authorizing Grant Execution for the Minnesota Housing Agency RAAC Rental Assistance Program; - City of Stillwater 2030 Comprehensive Plan Update, Tier II Comprehensive Sewer Plan; City of Golden Valley 2030 Comprehensive Plan Update, Tier II Comprehensive Sewer Plan; - City of the Village of Minnetonka Beach 2008 Comprehensive Plan Update, Tier II Comprehensive Sewer Plan; - City of Carver Comprehensive Plan Amendment, Tier II Comprehensive Sewer Plan; - City of St. Bonifacious 2030 Comprehensive Plan Update, Tier II Comprehensive Sewer Plan; - Amendment to 2010 -11 Metropolitan Regional Parks Capital Improvement Program; - LCA Affordable and Life Cycle Housing Goals 2011 -2020; - Washington County HRA Request for Extension of Time to Acquire Property Under LAAND Loan Award; - Small Business Disruption Loan Program; Information Plat Monitoring Program Report; Annual Use Estimate of the Regional Parks System for 2009; and other business. Tuesday, May 18 No meetings scheduled Wednesday, May 19 TAB Programming Committee: 12:30 p.m. (note starting time), Chambers - Update on the Closeout of the Local ARRA Program; - Recommendation to Adopt the Draft 2011 -2014 Transportation Improvement Program for the Twin Cities Metropolitan Area for the Purpose of Holding a Public Hearing; - Recommendation to Amend the 2010 -2013 TIP to Include SP# TRF- HENN -10, Bottineau Transitway; - Recommendation to Amend the 2010 -2013 TIP to Include SP# 7080 -49, New Market Rest Area; - Recommendation to Amend the 2010 -2013 TIP to Include SP# 91- 595 -24, Union Depot Multi -Modal Transit Facility; - Recommendation to Re- allocate HSIP Funds Per TAB Policy Resulting from the Withdrawal of Anoka County Project HSIP -8; and other business. Transportation Advisory Board: 1:30 p.m., Chambers - Metropolitan Council's Transportation Policy Plan Update on the Future Plan Amendment; - Recommendation to the Metropolitan Council to Approve the Long Term Comprehensive Plan for MSP Airport; - Report on How MN/DOT will Re -scope the Major Highway Expansion Projects that were Removed from the Transportation Policy Plan; - Update on the Closeout of the Local ARRA Program; - Recommendation to Adopt the Draft 2011 -2014 Transportation Improvement Program for the Twin Cities Metropolitan Area for the Purpose of Holding a Public Hearing; - Recommendation to Amend the 2010 -2013 TIP to Include SP# TRF- HENN -10, Bottineau Transitway; - Recommendation to Amend the 2010 -2013 TIP to Include SP# 7080 -49, New Market Rest Area; - Recommendation to Amend the 2010 -2013 TIP to Include SP# 91- 595 -24, Union Depot Multi -Modal Transit Facility; - Recommendation to Re- allocate HSIP Funds Per TAB Policy Resulting from the Withdrawal of Anoka County Project HSIP -8; Information - Update on Future Federal Air Quality Standards for Fine Particulate Matter and Ozone; and other business. Canceled: Thursday, May 20 TAC Funding & Programming Committee: 1:30 p.m., Lower Level A - Scope Change Request and TIP Amendment for Ramsey County SP# 62- 678 -12: County Road B2 Between Snelling Avenue and Prior Avenue; - 2010 -2013 TIP Amendment: Hennepin County SP# 27- 753 -13: Lowry Avenue Bridge Replacement Phase II; - 2010 -2013 TIP Amendment: Dakota County SP# 19- 623 -23, 19- 623 -24, 19- 623 -28, SAP 19623 -25: Cedar Avenue Bus Rapid Transit from 181` Street to 138`" Street; - Transportation Demand Management Evaluation and Implementation Study; - Regional Solicitation Revision Schedule for 2011 Cycle and other business. Friday, May 21 No meetings scheduled Monday, May 24 Canceled: Regional Tfaasiwmys Guidelines Advisory Convaittee: Transportation Committee: 4 p.m., Chambers Special Meeting Parks and Open Space Commission: 4 p.m., Lower Level A Tuesday, May 25 Environment Committee: 9:30 am., Chambers Public Meeting on Proposed Guidelines for $3 Million Grant Program for Capital Improvements to Public Infrastructure to Reduce Inflow and Infiltration: 4 p.m., Lower Level A Wednesday, May 26 Management Committee: 2:30 p.m., Lower Level A Metropolitan Council: 4 p.m., Chambers Thursday, May 27 No meetings scheduled Friday, May 28 No meetings scheduled