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HomeMy WebLinkAbout08-25-2008A. CQ C. E MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, August 25, 2008 Council Chambers, City Hall Meeting No. 22-08 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA The following items were added to the agenda. H1. State Fair Exhibit — Mayor Longrie H2. Rush Line Corridor - Mayor Longrie H3. Dead Grass — Councilmember Nephew H4. Comp Plan in the South Leg — Councilmember Nephew Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Nephew. Ayes — All APPROVAL OF MINUTES Councilmember Nephew moved to approve the August 4, 2008, Workshop Minutes as submitted. Seconded by Mayor Longrie. Ayes — All The motion passed. Approval of August 4, 2008, Workshop Minutes. Councilmember Nephew had a correction to item D. under items 1. and 2. correcting MSFRA to M F RA. Councilmember Nephew moved to approve the August 4, 2008, Joint City Council and Parks Commission Meetina Minutes as amended. Seconded by Councilmember Juenemann. August 25, 2008 City Council Meeting Minutes Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Abstain — Councilmember Hjelle The motion passed. Approval of the August 11, 2008, Council Meeting Minutes. Mayor Longrie wanted her comments included in the minutes regarding the CoPar item and directed staff to bring these back to the council for approval. Councilmember Nephew had a correction on page 11, Howard Reston should be listed at the lawfirm of Malkerson, Gilliland, Martin LLP, 200 South Sixth Street, Suite 1900, Minneapolis. Not the Greene Espel lawfirm. Councilmember Hjelle said the word disfunction had been been spelled incorrectly. Councilmember Nephew moved to bring the August 11, 2008, Council Meeting Minutes back to the next council meeting to be approved after the corrections have been made and the additional CoPar comments have been included for the record. Seconded by Councilmember Hjelle. Ayes — All The motion passed. F. VISITOR PRESENTATIONS — PART I Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick addressed several issues of concern regarding the 2009 property tax levy, the budget and other related issues. Mr. Zick also complained that his comments were not properly being reflected in the City Council Meeting Minutes. 2. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten said on August 19, 2008 she attended the Environmental and Natural Resources Commission meeting in addition to the planning commission meeting. Her father, Ralph Sletten, voiced concerns regarding the stability of the KSTP tower due to the man-made waterways. Ms. Sletten said she was disgusted by behavior of members at both the Planning Commission and Environmental and Natural Commission meetings and would like for the council to review the meeting if they have not yet seen it. 3. Dave Schelling, 1955 Greenbrier Street, Maplewood. Mr. Schelling said at each council meeting he asks questions but doesn't get answers to all of his questions. He stated he would be speaking during visitor presentations at each council meeting. Mr. Schelling requested information regarding the number of employees the city has and the salary of upper management. He repeated again that he wants the City of Maplewood department head salaries printed in the city news like it was in November 2006. (Mr. AN said the city posts the top 3 highest salaries on the city's website but that there are no plans to print the salaries of department heads. That is public information however.) Mr. Schelling said he can't imagine the city buying Gethsemane park for $800,000. The city has to fix the parks they already have and can't afford to be buying anymore parks. (Mayor Longrie asked if Mr. Ahl could get the information to Mr. Schelling that he has been requesting. Mr. AN said the information would be given to Mr. Schelling in the next few days. August 25, 2008 2 City Council Meeting Minutes 4. John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff said his figures are different than what the city shows regarding what things actually cost in the City of Maplewood and that the tax payers of Maplewood ought to look carefully at their money and the cost of running the city. Then there are the lawsuit settlements which big money continues to get paid out for that. Mr. Wykoff said the dollar amount for the Marlene Palkovich lawsuit should be made public once it's settled. 5. Frederica Musgrave, 1949 Greenbrier Street, Maplewood. Ms. Musgrave serves on the Environmental and Natural Resources Commission. She was concerned about the message being relayed to the public regarding taking sensitive issues so lightly and is trying to figure out why democracy is suppressed in Maplewood. She said when she questions things, it's not included in the records. If you read the minutes and the local newspaper you'll find out that the minority opinions aren't being represented. She sent emails out to the city attorney and the city council. *Visitor Presentations went over the time limit but the council was agreeable to extending Visitor Presentations in order to hear the last two speakers. 6. Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood. Mr. Schreiner spoke regarding the split rail fencing that is supposed to be running from Beaver Creek Parkway down to the bridge and from the bridge up to the other side protecting the environmentally sensitive area. As well as the creek area that is supposed to be cleaned up. He questioned the delay on these things. (Michael Thompson and DuWayne Konewko answered some of the concerns raised by Mr. Schreiner.) Mr. Schreiner also asked about the Beaver Lake area building CUP. Mr. AN said he would check with the Building Official. He asked what the correction would be if the roof is over 25 feet at the mid point and who would enforce it? Mr. AN said that it would be the contractor's responsibility. 7. Fran Juker, 1965 Barclay Street, Maplewood. Ms. Juker was present regarding a sod problem that was installed in 2005. The neighbors have been in contact with the engineering department since 2005 regarding their concerns with the property from a project that was done but have been unhappy with the results. G. ADMINISTRATIVE PRESENTATIONS None. H. COUNCIL PRESENTATIONS (Will be heard at the Continuation Meeting 8-28-08) 1. State Fair Exhibit — Mayor Longrie 2. Rush Line Corridor — Mayor Longrie 3. Dead Grass — Councilmember Nephew 4. Comp Plan in South Leg — Councilmember Nephew APPOINTMENTS AND PRESENTATIONS Proclamation: The International Day of Peace, September 21, 2008. a. Councilmember John Nephew gave the report. Councilmember Nephew moved to approve the Proclamation for the International Day of Peace, September 21, 2008. August 25, 2008 3 City Council Meeting Minutes Proclamation for The International Day of Peace, September 21 Whereas, the issue of peace embraces the deepest hopes of all peoples and remains humanity's guiding inspiration; and Whereas, in 1981 the United Nations proclaimed the International Day of Peace be "devoted to commemorating and strengthening the ideals of peace both within and among all nations and peoples"; and Whereas, the United Nations expanded the observance of the International Day of Peace in 2001 to include the call for a day of global ceasefire and non-violence, and invited all nations and people to honor a cessation of hostilities for the duration of the Day; and Whereas, there is growing support within our city for the observance of the International Day of Peace, which affirms a vision of our world at peace, and fosters cooperation between individuals, organizations and nations; and Whereas, global crises impel all citizens to work toward converting humanity's noblest aspirations for world peace into a practical reality for future generations, Now, Therefore, I, Diana Longrie, Mayor of the City of Maplewood, do hereby proclaim September 21 as The International Day of Peace Throughout the City of Maplewood and urge all government departments and agencies, organizations, schools, places of worship and individuals in our city to commemorate, in an appropriate manner, the International Day of Peace. This may include community service projects, cultural exhibits and performances, a moment of silence, ringing of bells, sharing the universal wish 'May Peace Prevail On Earth' at noon, vigils, religious services in our places of worship, and other education and public awareness activities in order to help establish a global day of peace in our homes, our communities and between nations. Adopted this 25th day of August, 2008. Seconded by Mayor Longrie. The motion passed. Ayes — All 2. Public Works 2007 Overview/Accomplishments — (No Report) a. Assistant City Engineer, Michael Thompson gave the 2007 Public Works presentation. 3. Proclamation brought forward by Councilmember Hjelle (No Report) a. Councilmember Hjelle requested that the city recognize the Proclamation for Patriot Day, September 11, 2008. Councilmember Rossbach and Mayor Longrie recommended a few changes in the proclamation which are shown below in italics and was acceptable to the councilmembers. Councilmember Nephew moved to approve the Proclamation for Patriot Day, September 11, 2008, as amended. August 25, 2008 4 City Council Meeting Minutes Proclamation for Patriot Day, September 11, 2008 Whereas, the issue of terrorism surrounds our daily life and attacks all democratic societies; and Whereas, on the fourth day of September, in the year of our Lord two thousand two, and of the Independence of the United States of America the two hundred and twenty-seventh, President George W. Bush proclaimed September 11 of each year to be Patriot Day in the United States of America; and Whereas, inspired by the heroic sacrifices of our firefighters, rescue and law enforcement personnel, military service members and other citizens, our Nation found unity, focus, and strength; and Whereas, the Maplewood City Council along with most Americans has worked hard to implement policies and plans to resist and fight back against terrorism along with supporting our Commander in Chief, our nation, and our soldiers overseas,- Whereas, verseas,Whereas, September 11 will forever hold a revered place in our hearts and in the history of our great Nation. Therefore, I, Diana Longrie, Mayor of Maplewood, do hereby officially proclaim September 11 as Patriot Day in Maplewood, MN. We ask that the City of Maplewood and all government departments and agencies, organizations, schools, places of worship and individuals in our city to commemorate, in a patriotic manner, Patriot Day. This may include community service projects, cultural exhibits and performances, a moment of silence, ringing of bells, sharing the universal wish of `Defeating Terrorism' at noon, vigils, religious services in our places of worship and other education and public awareness activities in order to establish a patriotic day in our homes, our communities and between people of our nation. Seconded by Councilmember Hjelle. Ayes — All The motion passed. J. PUBLIC HEARINGS 7:00 p.m. Gethsemane Senior Housing Tax Increment Financing (TIF) Request and Park Purchase Agreement a. Approval of TIF Plan for Tax Increment Financing (Housing) District No. 1-9 Within Development District No. 1 (Gethsemane Senior Housing Project) b. Directing the Preparation of the TI Development Agreement for the Gethsemane Senior Housing Project. c. Authorize Preparation of the Purchase Agreement for the Gethsemane Park Land 1. Acting City Manager, Chuck Ahl introduced the item. 2. Tom Denaway, Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, addressed the council, gave the presentation and answered questions of the council. 3. Bob Van Slyke, Presbyterian Homes of Minnesota, addressed the council and answered questions of the council. 4. Richard White, Senior Pastor, Gethsemane Lutheran Church, Maplewood. Pastor White addressed the council and answered questions of the council. August 25, 2008 5 City Council Meeting Minutes Mayor Longrie opened the public hearing. 1. Bob Zick, 2515 White Bear Avenue, Maplewood spoke regarding this project. 2. Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood spoke regarding this project. 3. Peter Fischer, 2443 Standridge Avenue, Maplewood spoke regarding this project. 4 John Wykoff, 2345 Maryland Avenue, Maplewood spoke regarding this project. 5. Doug Angrew, 7501 -25th Street, Oakdale spoke regarding this project. 6. Bob Zick, 2515 White Bear Avenue, Maplewood. (second appearance) Mayor Longrie closed the public hearing. Approval of TIF Plan for Tax Increment Financing (Housing) District No. 1-9 Within Development District No. 1 (Gethsemane Senior Housing Project) Councilmember Rossbach moved to approve the TIF Plan for Tax Increment Financing (Housing) District No. 1-9 within Development District No. 1 for the Gethsemane Senior Housing Project. Seconded by Councilmember Juenemann. Ayes — All The motion passed Resolution Approving the Modification to the Development Program for Development District No. 1 and the TIF Plan for TIF District (Housing) No. 1-9. Councilmember Rossbach moved to approve the Resolution Approving the Modification to the Development Program for Development District No. 1 and the TIF Plan for TIF District (Housing) No. 1-9. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: August 25, 2008 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held on the 25th day of August, 2008, at 7:00 p.m. The following members of the Council were present: All and the following were absent: None Councilmember Rossbach introduced the following resolution and moved its adoption: RESOLUTION 08-08-121 RESOLUTION APPROVING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING (HOUSING) DISTRICT NO. 1-9 AND APPROVING THE TAX INCREMENT FINANCING PLAN THEREFOR WITHIN DEVELOPMENT DISTRICT NO. 1 WHEREAS: A. WHEREAS, there is a proposal to modify the Development Program for Development District No. 1, and establish Tax Increment Financing (Housing) District No. 1-9 ("Housing District No. 1 - August 25, 2008 6 City Council Meeting Minutes 9") therein and approve and accept the proposed Tax Increment Financing Plan therefor under the provisions of Minnesota Statutes, Sections 469.174 to 469.1799 (the "Act"); and B. WHEREAS, the proposed Modification to the Development Program for Development District No. 1 (the "Modification"), and the proposed Tax Increment Financing Plan for Housing District No. 1-9 (the "Tax Increment Financing Plan") have been prepared; and C. The City has performed all actions required by law to be performed prior to the establishment of Development District No. 1 and Housing District No. 1-9 therein, and the adoption of the modified development program and proposed tax increment financing plan therefor, including, but not limited to, notification of Ramsey County and Independent School District No. 622 having taxing jurisdiction over the property to be included in Housing District No. 1-9 and the holding of a public hearing upon published and mailed notice as required by law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota as follows: Modification Findings. The City finds, determines and declares that with respect to the Modification: (a) The City is not modifying the boundaries of Development District No. 1 but is, however, modifying the Development Program to allow for the increased costs associated with Housing District No. 1-9 as described in the Modification. 2. Development Program. The Development Program for the Development District as modified pursuant to the Modification, a copy of which is on file in the office of the City Clerk, is adopted as the development program for the Development District 3. Housing District No. 1-9. There is established in the City of Maplewood within Development District No. 1 a Tax Increment Financing District, the initial boundaries of which are fixed and determined as described in the Tax Increment Financing Plan. 4. Tax Increment Financing Plan. The Tax Increment Financing Plan is adopted as the tax increment financing plan for Housing District No. 1-9, and the City Council makes the following findings: (a) Housing District No. 1-9 is a housing district as defined in Minnesota Statutes, Section 469.174, Subd. 11, the specific basis for such determination being that the 111 unit senior rental housing facility project will provide safe, decent, affordable, sanitary housing for senior residents of the city and it will result in the preservation and enhancement of the tax base of the State. (b) The proposed development in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future. The reasons supporting this finding are that: (i) Private investment will not finance these development activities because of prohibitive costs relative to rental revenues for low and moderate income senior housing units. It is necessary to finance these development activities through the use of tax increment financing so that development of affordable senior housing and other development by private enterprise will occur within Development District No. 1. (ii) A comparative analysis of estimated market values both with and without establishment of Housing District No. 1-9 and the use of tax increments has been performed as described above. Such analysis is found in Exhibit V of the Tax Increment Financing Plan, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the August 25, 2008 7 City Council Meeting Minutes estimated market value of the site absent the establishment of Housing District No. 1-9 and the use of tax increments. (c) In the opinion of the City Council, the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of Housing District No. 1-9 permitted by the Tax Increment Financing Plan. The reasons supporting this finding are that: (i) The estimated amount by which the market value of the site will increase without the use of tax increment financing is $0, and a small amount attributable to appreciation in land value; (ii) The estimated increase in the market value that will result from the development to be assisted with tax increment financing is $17,979,738; and (iii) The present value of the projected tax increments for the maximum duration of the district permitted by the tax increment financing plan is $1,312,227. (d) The Tax Increment Financing Plan for Housing District No. 1-9 conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: (i) Housing District No. 1-9 is properly zoned; and (ii) The Tax Increment Financing Plan will generally complement and serve to implement policies adopted by the City. (e) The Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelopment of Development District No. 1 by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within Development District No. 1. 5. Public Purpose. The adoption of the Modification to the Development Program for Development District No. 1, and the adoption of the Tax Increment Financing Plan for Housing District No. 1-9 therein conform in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up to provide employment opportunities and provide safe, decent, sanitary housing for all residents of the city to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 6. Certification. The Auditor of Ramsey County is requested to certify the original net tax capacity of Housing District No. 1-9 as described in Tax Increment Financing Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Clerk is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within Housing District No. 1-9 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 7. Filing. The City Clerk is further authorized and directed to file a copy of the Development Program and Tax Increment Financing Plan for Housing District No. 1-9 with the Commissioner of Revenue and the Office of the State Auditor. August 25, 2008 8 City Council Meeting Minutes 8. Administration. The administration of Development District No. 1 is assigned to the City Clerk who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. The motion for the adoption of the foregoing resolution was duly seconded by councilmember Nephew and upon vote being taken thereon, the following voted in favor thereof: (5) All and the following voted against the same: (0) Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the modification of Development District No. 1 and the establishment of Housing District No. 1-9 therein in the City. WITNESS my hand this 25th day of August, 2008. City Clerk Mayor Longrie made a friendly amendment to include the following for the record. Mayor Longrie would like to include that the affordable housing units would be extended 10 years past the initial ten years of the TIF and that would be included in the TIF agreement. That the annual city payment for city services be included. That during construction the construction jobs include prevailing wages. That within the Developers Agreement there is mention of the requirement of the endowment for the permanent affordable units within the project. And to encourage the use of pervious pavement. Councilmember Rossbach accepted the friendly amendments. Seconded by Councilmember Nephew. Ayes - All The motion passed. Mayor Longrie said she has been very analytical about this project when this project came forward and TIF financing was requested. She had some reservations which have not been secret and in the course of time she has had a number of people call her; (who were big names in the community) asking her to vote for this project. Perhaps even applying a little pressure for this project. Prior to the meeting she had not made up her mind about the TIF financing and said she could have voted either way. But the one thing that made a difference to her, despite the fact that their new organization isn't registered with the Secretary of State because she did her research to understand who the city is dealing with was when she heard that they have a commitment to the August 25, 2008 9 City Council Meeting Minutes mission and not just the money and they are going to have their perpetual foundation. That is the only reason she is voting for this. It ensures that the TIF is indeed going for what its intended purpose is. Because the TIF provision that they are using, in order to get TIF, is that they are going to have 20% affordable housing. If they had all market rate they wouldn't be passing the "but for' test. If it was all market rate they would have their rate of return that they need. They would be building the project and they'd be done and over with it. The TIF factor is based on that. By saying you are going to have a perpetual endowment you can be willing to bet she will make sure and follow up that it is indeed the promise that is kept. That is the promise and commitment that this council wanted to hear and that is what the community needs. There are seniors out there who need affordable housing and that do not have to worry about whether or not they will have a place to live and to live independently on their own. Directing the Preparation of the TI Development Agreement for the Gethsemane Senior Housing Project. Councilmember Rossbach moved to Direct the Preparation of the TIF Development Agreement for the Gethsemane Senior Housing Project including the friendly amendment made by Mayor Longrie previously. Seconded by Councilmember Juenemann. Ayes — All The motion passed. The council took a recess at 9:20 p.m. The council reconvened at 9:30 p.m. C. The Preparation of the Purchase Agreement for the Gethsemane Park Land. a. Acting City Manager, Chuck AN gave the report. b. Deputy Public Works Director, DuWayne Konewko answered questions of the council. C. Senior Planner, Tom Ekstrand answered questions of the council. d. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie opened the public hearing. 1. Mike Plant, Senior Hydrologist for the project addressed and answered questions of the council regarding the contamination and condition of the property. 2. Pastor Richard White, Gethsemane Lutheran Church addressed and answered questions of the council. 3. Peter Fischer, Chairperson, Parks Commission addressed and answered questions of the council. 4. Scott Revoir, Teacher at Gethsemane Lutheran, addressed and answered questions of the council. 5. Bob Zick, 2515 White Bear Avenue, Maplewood asked questions regarding the pipeline and the impact on the value of the property. 6. Bob Van Slyke, Presbyterian Homes answered questions of the council. 7. Duane Schmitz, 2939 Mary Street, Maplewood said regarding how much money was in the PAC fund, and if that included the new Gethsemane Project. Mayor Longrie closed the public hearing August 25, 2008 10 City Council Meeting Minutes K. Mayor Longrie said she isn't confident that staff can negotiate the best price for the park land for the city. When the question came up regarding what the original rental agreement price was initially purposed, no one knew the answer. If you were in negotiations you would remember this information. Mayor Longrie said she believes the green space or park land Gethsemane School has a commitment to keeping green space is tied to the school because that is important for the kids and for the school. The green space will stay there whether the city buys it or not. She is concerned about the amount of PAC funds the city has available. Mayor Longrie said she listened very carefully to the comments at the Parks Commission meeting and there was a lot of discussion. There was a lot of concern regarding PAC funds and the lack of prioritization being done. Some commission members felt this was like advancing this park to the front of the line when there are other parks waiting for money. She knows there was a lot of neighborhood concern about this development she heard that they were mostly concerned about the development itself and how it impacted the character of the neighborhood not with regard to the green space. Mayor Longrie said the council doesn't have all the details of the purchase agreement worked out yet. Councilmember Nephew said his understanding was that the purchase agreement would be brought back to the city council for approval and that this motion would be giving a green light to negotiate the final details which would give something to vote up or down on. Gethsemane Lutheran Church could decide that they don't care for the terms of the purchase agreement or they could propose a lease alternative which could happen in the negotiations as well. Mr. AN said the Parks Commission specifically made a motion that the purchase agreement come back to the Parks Commission first and then bring it to the city council for approval should the motion pass. Councilmember Rossbach moved to Authorize the Pre the Gethsemane Park Land. Seconded by Councilmember Nephew. The motion passed. UNFINISHED BUSINESS n of the Purchase Aareement for Ayes — Councilmembers Juenemann, Nephew, Rossbach Nays — Mayor Longrie, Councilmember Hjelle Councilmember Nephew moved to hear item L1 (out of order on the agenda). Seconded by Hjelle. Ayes — All L. 1. On -Sale Intoxicating Liquor License — David Rodger Rewey, Dean's Tavern. a. City Clerk, Director Citizen Services, Karen Guilfoile reported. b. David Rewey, Manager Deans Tavern, 1986 Rice Street, Maplewood addressed and answered questions of the council. Councilmember Hjelle moved to Approve the On -Sale Liquor License for Dean's Tavern at 1986 Rice Street, managed by David Rewey. Seconded by Mayor Longrie. The motion passed. August 25, 2008 City Council Meeting Minutes Ayes — All 11 Councilmember Hjelle moved to recommend completing agenda items M4 and M5. Seconded by Councilmember Nephew. Ayes — All The motion passed. Mayor Longrie announced a Special Council Meeting on Friday, August 29, 2008, at 5:00 p.m. for a Resolution Certifying Election Judges for the September 9, 2008, Primary Election. Due to the late hour the items in bold will be heard at the continuation meeting on August 28, 2008 at 5:00 p.m. K. UNFINISHED BUSINESS Acceptance of Comprehensive Annual Financial Report, Presentation from Auditor and Presentation from Staff (Will be heard August 28, 2008) 2. Consider Adoption of 2009-2013 Capital Improvements Plan (Will be heard August 28, 2008) L. NEW BUSINESS 2. Carsgrove Meadows Area Improvements, City Project 08-10, Resolution Ordering Preparation of Feasibility Study. (Will be heard August 28, 2008) 3. County Road C Area Street Improvements, City Project 08-11, Resolution Ordering Preparation of Feasibility Study. (Will be heard August 28, 2008) 4. Castle Avenue Improvements, City Project 08-12, Resolution Ordering Preparation of Feasibility Study. (Will be heard August 28, 2008) 5. White Bear Avenue Improvements (Radatz to County Road D), City Project 08-13, Resolution Ordering Preparation of Feasibility Study. (Will be heard August 28, 2008) 6. Direction on Destruction of City Records Councilmember Nephew moved to Table this item until September 8, 2008. Seconded by Councilmember Hjelle. Ayes — All The motion to Table passed. 7. Request a Council Recommendation on Zebra Mussel and Other Invasive Species Management Report by St. Paul Regional Water Services. (Will be heard August 28, 2008) 8. Approval of Claims. (Will be heard August 28, 2008) August 25, 2008 12 City Council Meeting Minutes M. CONSENT AGENDA Councilmember Hjelle moved to approve item M4. Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Councilmember Nephew moved to approve item M5. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 1. Lawful Gambling License White Bear Lake Basketball Association. (Will be heard August 28, 2008) 2. Temporary Gambling Permit and Fee Waiver— Church of St. Jerome's. (Will be heard August 28, 2008) 3. Brad Camitsch — Ramsey County Sheriff's — Fright Farm on Ramsey County Fairgrounds — Approval of Temporary Permit. (Will be heard August 28, 2008) 4. Hazelwood Street Improvements, City Project 07-25, Approval of MN/DOT Limited Use Permit for Trail. a. Assistant City Engineer, Michael Thompson gave the report. Councilmember Hjelle moved to approve the Agreement for the Hazelwood Street Improvements, City Project 07-25, Approval of MN/DOT Limited Use Permit for Trail. STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT FOR NONMOTORIZED RECREATIONAL TRAIL C.S. 6211(36=1180) City of Maplewood County of RAMSEY Realms LUP # 6211-0058 TH 36 from RR to Hazelwood St. In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as the Federal -Aid Policy Guide, a Limited Use Permit is hereby granted to the City of Maplewood, Permittee. This permit is for the purpose of constructing, maintaining and operating a nonmotorized recreational trail, (hereinafter called trail), within the right of way of Trunk Highway No. 36 as shown in red on Exhibit "A", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the attached resolution. In addition, the following special provisions shall apply: SPECIAL PROVISIONS The construction, maintenance, and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. August 25, 2008 13 City Council Meeting Minutes 2. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation, through the District Engineer. 3. No permanent structure(s) or advertising device(s) in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. 4. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right of way. 5. Any and all maintenance of the trail, and all facilities a part thereof, shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the installation and removal of regulatory signs. 6. This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy said right of way. 7. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to the Minnesota Department of Transportation and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 8. The Permittee shall construct the trail at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a trail that is compatible with the safe and efficient operation of the highway facility. 9. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 10. Upon completion of the construction of the trail, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 11. This permit does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 12. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4 (f) of the Federal -Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. 13. This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 90 days written notice of such intent. Upon said notice of cancellation the trail shall be removed within 90 days by the Permittee. Upon cancellation of said permit, or any portion thereof, the Permittee will be required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of the trail and the return and restoration of the area shall be at no cost to the Minnesota Department of Transportation and at the sole expense of the Permittee. 14. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United August 25, 2008 14 City Council Meeting Minutes States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any trail. 15. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 16. No assignment of this permit is allowed. 17. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 18. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the operations of the trail or from the use of the portion of highway right of way over which this permit is granted. 19. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right of way over which this permit is granted. 20. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages. 21. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL CITY OF MAPLEWOOD By: Its: Mayor By: Its: Acting City Manager Date: August 25, 2008 City Council Meeting Minutes 15 By: District Engineer Date APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. Seconded by Councilmember Nephew. Ayes — All The motion passed. 5. TH 61/Frost Avenue Improvements, City Project 07-30, Approval of Trail Agreement with Ramsey County Parks and Recreation. a. Assistant City Engineer, Michael Thompson gave the report. Councilmember Nephew moved to approve the Agreement Between Ramsey County Parks and Recreation and the City of Maplewood for the Construction and Long Term Maintenance of the Trail and Direct the Mayor and Acting City Manager to Sign the Agreement Signifying Council Approval. AGREEMENT BETWEEN CITY OF MAPLEWOOD AND COUNTY OF RAMSEY FOR CONSTRUCTION AND LONG TERM MAINTENANCE OF A PROPOSED TRAIL CONNECTION TO THE GATEWAY TRAIL ON COUNTY PARK AND RECREATION LAND This Agreement is between Ramsey County, Minnesota, a political subdivison of the State of Minnesota, on behalf of the Parks and Recreation Department, 2015 North Van Dyke Street, Maplewood MN 55109 ("County") and the City of Maplewood, a municipal corporation of the State of Minnesota, 1830 County Road B East, Maplewood MN 55109 ("City"). WHEREAS, The City is reconstructing the intersection of TH 61 and Frost Avenue/Parkway Drive (CSAH 27), including signal replacement, geometric improvements and a bituminous trail connection to the DNR Gateway Trail; and WHEREAS, A segment of the proposed bituminous trail connection is on Ramsey County Park and Recreation land, owned by the County; and August 25, 2008 16 City Council Meeting Minutes WHEREAS, The City has requested permission from the County to construct a portion of the trail connection on the Park and Recreation Property; and WHEREAS, This trail connection will provide additional recreational opportunities for users of Keller Regional Park; and WHEREAS, The City will be responsible for all costs associated the design, construction, and on- going maintenance, replacement and reconstruction of the proposed trail connection. NOW, THEREFORE, in consideration of the mutual covenants and promises made herein, the parties agree as follows: SECTION 1 TERMS 1) The City may construct the proposed trail connection on Ramsey County Park and Recreation property as described as follows: That part of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) of Section 16, Township 29 North, Range 22 West, Ramsey County, Minnesota, lying southerly of the Wisconsin Central Railroad right-of-way and westerly of part deeded to City of St. Paul and, 2) The City shall construct the proposed bituminous trail per the attached plans, Exhibit A. The trail alignment shall be verified by Ramsey County prior to construction. 3) The City shall notify the County at least three (3) days in advance of commencing construction on County property. 4) The project design shall conform to the permit requirements of the Ramsey -Washington Metro Watershed District, if applicable, and shall be made a part of this agreement. 5) The City shall be responsible for all costs associated with the design, construction, and on-going maintenance, replacement and reconstruction of the bituminous trail. 6) The City shall not assess the County for any costs associated with the trail construction or any on-going maintenance of the trail. 7) The County grants the City limited access to the property solely for the purposes of maintaining the trail. 8) The City shall perform routine maintenance to the trail. Routine maintenance shall include sweeping, snow removal, bituminous patching and periodic overlays. The City shall contact the County a minimum of 72 in advance of any restoration or reconstruction activities. 9) The County grants the City permission to utilize the equipment and labor necessary for cleaning and maintenance activities on the trail. 10) The City shall be responsible for restoration of all areas disturbed by construction and maintenance activities. Restoration shall be completed per the original construction plans unless otherwise agreed to by the County. 11) The City shall be solely responsible for complying with all laws, ordinances, rules or requirements of any other Federal, State, Municipal or local agencies regarding any August 25, 2008 17 City Council Meeting Minutes matters relating to the trail. The City shall secure all required permits prior to commencing construction. SECTION 2 DURATION 1) The City shall perform maintenance, restoration and reconstruction activities on the trail in a timely manner and to the satisfaction of the County. The County shall submit any requests for maintenance and improvements of the trail to the City in writing. The City shall respond to the written request within 30 days of receiving the notice. Upon responding to the request, the City and County shall coordinate a reasonable time for performing requested maintenance activities. 2) Should the City not perform the ongoing maintenance or improvement activities, deviate from the terms of Section 1, or not respond to the County within 30 days of a maintenance request, the County may, with 60 -day written notice, terminate this agreement. Upon such termination, and if requested by the County, the City shall remove the trail from County property and restore the property to the satisfaction of the County. SECTION 3 MEETINGS 1) The City, through its Public Works Department or proper designee, agrees to meet at the request of the County should any issue arise under this Agreement. The purpose of said meetings shall be to discuss issues which affect the substantive rights of the parties under this Agreement. The time and place of any such meeting, hereunder, shall be determined by the parties with reasonable notice to one another. The parties retain the right to conduct meetings through other electronic means as is acceptable to both parties. SECTION 4 AGREEMENT SUBJECT TO DATA PRACTICES ACT 1) This Agreement shall be subject to the Minnesota Data Practices Act, at Minnesota Chapter 13, comparable provisions and Federal Law. SECTION 5 INDEMNIFICATION & INSURANCE 1) The City shall defend, indemnify and hold the County, its official, agents and employees harmless from any claims, suits, causes of action liabilities, damages and costs (including reasonable attorney's fees) of whatsoever nature arising out of or relating to activities, actions or inactions of the City, its agents, contractors or employees in all activities relating to this project and on-going maintenance. This provision shall survive the expiration of this agreement. 2) The City shall provide the County with an Insurance Certificate naming the County as an "Additional Insured" which is acceptable to the County Risk Manager prior to entering County property. SECTION 6 MEDIATION OF DISPUTES 1) Any and all disputes between the parties under and concerning this Agreement, including its formation and the entering into the clause itself, shall be subject to mediation. The dispute shall be submitted to a mediator selected and agreed upon by the parties within August 25, 2008 18 City Council Meeting Minutes thirty (30) days. In the event that the parties cannot agree to a mediator, a mediator shall be chosen by the Chief Judge of the Ramsey County District Court. The costs of mediation shall be equally divided between the parties. SECTION 7 COMPLETENESS OF THE AGREEMENT 1) This document contains all the terms and conditions of this Agreement, and any alterations or variations of the terms of this Agreement shall be invalid unless made in writing and signed by the parties. There are no other understandings, representations or agreements, written or oral, not incorporated herein. If any part of this Agreement is declared null and void by law, the remaining paragraphs of said Agreement shall be valid. SECTION 8 NOTICES 1) Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: City Manager Director City of Maplewood Ramsey County Parks and Recreation Dept. 1830 County Road B East 2015 North Van Dyke Street Maplewood, MN 55109 Maplewood, MN 55109 Wherefore, the parties have executed this Agreement on the last date written below. RAMSEY COUNTY Jan Parker, Chair Ramsey County Board of Commissioners Date: Bonnie Jackelen, Chief Clerk Ramsey County Board of Commissioners Date: Approval Recommended: Gregory A. Mack, Director Parks and Recreation Department Approved As to Form and Insurance: CITY OF MAPLEWOOD Mayor Date: City Manager Date: Approved as to form by Legal Counsel August 25, 2008 19 City Council Meeting Minutes Assistant County Attorney Budgeting and Accounting Seconded by Councilmember Hjelle. Ayes — All The motion passed. 6. Joy Park Phase I Improvements, Resolution Approving Plans and Specifications and Advertising for Bids. (Will be heard August 28, 2008) N. AWARD OF BIDS 1. Maplewood Nature Center Sustainable Landscape Project, Resolution Approving Award of Bid (Will be heard August 28, 2008) O. VISITOR PRESENTATIONS — PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:35 p.m. when the remainder of the city council will reconvene at 5:00 p.m. August 28, 2008. August 25, 2008 20 City Council Meeting Minutes �- 02 AGENDA REPORT TO: City Council FROM: Erik Hjelle SUBJECT: Proclamation: Patriot Day, September 11, 2008 DATE: August 23, 2008 INTRODUCTION/SUMMARY Since the Maplewood City Council has been presented a request to recognize "The International Day of Peace" on September 21, 2008, 1 am requesting that the Maplewood City Council recognize Patriot Day on September 11, 2008. Patriot Day was first observed on September 11, 2002 to commemorate the first anniversary of the Terrorist attacks on New York City, the Pentagon, and the skies over Pennsylvania. President Bush chose to honor those Americans that acted with heroism and selflessness, with compassion and courage, and who made the ultimate sacrifice for all Americans. I offer the following Proclamation honoring Patriot Day, September 11, 2008; Proclamation for Patriot Day, September 11, 2008 Whereas, the issue of terrorism surrounds our daily life and attacks all democratic societies; and Whereas, on the fourth day of September, in the year of our Lord two thousand two, and of the Independence of the United States of America the two hundred and twenty-seventh, President George W. Bush proclaimed September 11 of each year to be Patriot Day in the United States of America; and Whereas, inspired by the heroic sacrifices of our firefighters, rescue and law enforcement personnel, military service members and other citizens, our Nation found unity, focus, and strength; and Whereas, the Maplewood City Council along with most Americans has worked hard to implement policies and plans to resist and fight back against terrorism along with supporting our Commander in Chief 6V�- k%Qee) k as n d 0100 CCC Whereas, September 11 will forever hold a 4efi-s" place in our T-LwI hearts and in the history of our great Nation. Therefore, I, Diana Longrie, Mayor of Maplewood, do hereby officially proclaim September 11 as Patriot Day in Maplewood, MN. Patriot Day We ask that the City of Maplewood and all government departments and agencies, organizations, schools, places of worship and individuals in our city to commemorate, in a patriotic manner, Patriot Day. This may include community service projects, cultural exhibits and performances, a moment of silence, ringing of bells, sharing the universal wish of 'Defeating Terrorism' at noon, vigils, religious services in our places of worship and other education and public awareness activities in order to establish a patriotic day in our homes, our communities and between peopled of ©oA-)p Adopted this 25th day of August, 2008. Note: A copy of this Proclamation will be sent to President Bush in Washington D.C.