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first agreement and require that the pipeline be constructed at Shingobee's sole cost and expense. <br />Upon execution of this agreement Shingobee shall reimburse the City for the BNSF license cost <br />of $5,250.00 and $1,500.00 for BNSF construction inspection costs. The City will be solely <br />responsible for all of the requirements of the pipeline license after the completion and acceptance <br />of the project. <br /> <br />Motion by Councilmember Pearson, seconded by Councilmember Cook, to authorize the City to <br />enter into the proposed indemnification agreement with Shingobee following review and <br />approval by the City Attorney. <br /> <br />Motion carriedi Voting Yes: Mayor Gamec, Councilmembers Pearson, Cook, Elvig, Jeffrey, <br />Olson, and Strommen. Voting No: None. <br /> <br />Case #10: <br /> <br />Consider Pond Maintenance Agreement with Sophia-Ramsey-LLC, for- <br />Ramsey Town Center 3ra Addition Pond Building <br /> <br />Assistant Public Works Director Olson indicated the developer for Ramsey Town Center 3rd <br />Addition, Sophia-Ramsey, LLC is proposing to construct a building adjacent to the regional <br />stormwater treatment pond. The pond is protected with drainage and utility easements. The <br />developer is also proposing to install a deck, supported by piers placed in the easement. The <br />proposed tenants for the building include restaurants that would use the deck for outdoor dining. <br />The pond will require periodic cleaning. The developer has prepared the proposed agreement for <br />maintenance of the pond, wherein the developer will clean the pond as directed by the City. This <br />agreement will be recorded with the property. He explained timing is of the essence, as the <br />contractor is on site waiting to pour. The developer has signed this agreement, and if there are <br />any minor changes to the form of the agreement that are changed with City Attorney review, <br />since the City has the terms of what the developer is willing to pay, they would like to begin <br />work tomorrow. <br /> <br />Motion by Councilmember Cook, seconded by Councilmember Elvig, to authorize the City to <br />enter into the proposed indemnification agreement with Sophia-Ramsey, LLC following review <br />and approval by the City Attorney. <br /> <br />Councilmember Elvig commended staff for their work and awareness regarding this pond. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cook, Elvig, Jeffrey, Olson, <br />Pearson, and Strommen. Voting No: None. <br /> <br />Further discussion: John Enstrom, resident, stated he has done quite a bid of pond work in the <br />City of Ramsey. He inquired about the depth of the pond that will be made and noted 6-½ feet is <br />the legal limit. Assistant Public Works Director-Olson replied the depth will be five to six feet. <br />He would be happy to review the plans with Ivlx. Enstrom. He explained 6-½ feet is not the legal <br />limit unless wetland mitigation is being requested for the pond. <br /> <br />P62 <br /> <br />City .Council/April 26, 2005 <br /> Page 18 of 23 <br /> <br /> <br />