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Home My WebLink About04-28-2008Q B A Q MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, April 28, 2008 Council Chambers, City Hall Meeting No. 11-08 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03 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 113. Temporary Gambling Resolution to Consent Agenda — Acting City Manager Chuck Ahl. M3. Reminder of Wood Smoke Meeting on May 1, 2008. — Councilmember Rossbach M4. Update Regarding on-line Council Packets — Mayor Longrie M5. Follow up Regarding Contacts at 3M — Mayor Longrie M6. Follow up of Recycling of Printer Cartridges — Mayor Longrie M7. Attending the Ball of the Wild — Mayor Longrie M8. Upcoming Seminar on the Importance of Play for Kids — Mayor Longrie M9. Beaver Lake follow-up — Mayor Longrie N2. Reminder of (Closed Session) Special Meeting Thursday, May 1, 2008, 5:00 p.m. regarding CoPar Litigation — Acting City Manager Chuck Ahl Councilmember Hjelle moved to approve the agenda as amended. Seconded by Councilmember Rossbach. Ayes — All The motion passed. E. APPROVAL OF MINUTES Councilmember Juenemann moved to approve the April 7, 2008, 500 Council Manager Workshop Minutes as submitted. Seconded by Councilmember Hjelle. The motion passed. Ayes — Al I Approval of the April 14, 2008, Council Manager Workshop Minutes. April 28, 2008 City Council Meeting Minutes Mayor Longrie had a clarification on page 1, item D. 1, adding that Acting City Manager, Chuck Ahl had stated during the Hazelwood and County Road D hearing that Mr. Schreier had asked if he needed to get an attorney and that Mr. Schreier had stated that he was going to Ramsey County District Court. Mayor Longrie requested a clarification on page 1, item D.2. that CouncilmemberHielle also gave a report regarding Visitor Presentations. Councilmember Hjelle moved to approve the April 14, 2008, Council Manager Workshop minutes as amended_ Seconded by Councilmember Rossbach. Ayes — All The motion passed. Approval of the April 14, 2008 Council Meeting Minutes. Mayor Longrie requested an addition to the minutes on page 2, item F1. that EMS Director BJ Jungmann's full name is included in the minutes as Bernard Jungmann. Mayor Longrie had a clarification on page 4, the first paragraph, at the top of the page, she would like the first portion of the paragraph to read: Mayor Longrie said she would have preferred to have more information regarding how much money for this project would be coming from the actual collected funds available in the Environmental Utility Tax Fund and the Sewer Fund. Mayor Longrie had two clarifications on page 32. First in item L1. to include at the end of the motion , and noted suggestions made by the council for incorporation into the ordinance for the second reading. Second clarification is for item 2a., it should read Councilmember Rossbach moved to approve the continued recognition of the Open Space Technical Advisory Panel and that it is to retain its current responsibilities and structures as outlined. Mayor Longrie had a clarification on page 34, item M9. Beaver Lake — Mayor Longrie wanted the statement more clearly stated in the second sentence. The added wording is underlined. Mayor Longrie felt this information was a misrepresentation of the motivation for her vote regarding the Beaver Lake development for the approval of Plat 4 and Plat 5 and that Mayor Longrie did not recall making the alleged comments Mr. Nephew published as remarked attributable to her. Mayor Longrie moved to approve the April 14, 2008, City Council minutes as amended. Seconded by Councilmember Hjelle. The motion passed. Ayes — Al I Acting City Manager, Chuck Ahl informed audience members that were present for the Kohlman Lake Area Street Improvement Public Hearing that there are Assessment Hearing Objection forms on the back table for people to till out prior to the public hearing and that they should be given to the engineering staff or the city clerk before the end of the public hearing. F. APPOINTMENTS/PRESENTATIONS 1. Proclamation — Building Safety Week — May 5-11, 2008. a. Building Official, Dave Fisher gave the report. b. Mayor Longrie read the Proclamation aloud. April 28, 2008 2 City Council Meeting Minutes Councilmember Juenemann moved to approve the Proclamation for Building Safety Week for May 5-11, 2008. PROCLAMATION BUILDING SAFETY WEEK 2008 MAY 5-11 Whereas, through our continuing attention to building safety, we enjoy the comfort and peace of mind of structures that are safe and sound; and, Whereas, building safety and fire prevention officials are at work year round to guide the safe construction of buildings; and, Whereas, the dedicated members of the International Code Council, including building safety and fire prevention officials, architects, engineers, builders and others in the construction industry, develop and enforce codes to safeguard Americans in the buildings where we live, work, play and learn; and, Whereas, the International Codes, the most widely adopted building safety and fire prevention codes in the nation, are used by most U.S. cities, counties and states. These modern, building safety codes also include safeguards to protect the public from natural disasters that can occur, such as hurricanes, snowstorms, tornadoes, wildfires and earthquakes; and, Whereas, Building Safety Week, sponsored by the International Code Council Foundation, is an excellent opportunity to educate the public. It is a perfect time to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in protecting lives and property; and, Whereas, this year's theme, "Building a Safer World Together," encourages all Americans to raise our awareness of building safety. Everyone can take appropriate steps to ensure that the places where we live, work, play and learn are safe. Countless lives have been saved because of the building safety codes adopted and enforced by local and state agencies; and, Whereas, this year, as we observe Building Safety Week, we ask all Americans to consider projects to improve building safety at home and in the community, and to recognize the local building safety and fire prevention officials and the important role that they play in public safety. Now, therefore, it is hereby proclaimed that May 5 through May 11, 2008, is Building Safety Week in Maplewood. Accordingly, our citizens are encouraged to join their fellow Americans in participating in Building Safety Week activities and assisting efforts to improve building safety. Adopted this 28th Day of April 2008 Diana Longrie, Mayor Karen Guilfoile, City Clerk Seconded by Councilmember Hjelle. Ayes — All The motion passed. 2. Captain Promotions for Paul Everson and James Hutchinson. April 28, 2008 3 City Council Meeting Minutes a. Maplewood Fire Chief, Steve Lukin gave the report and presented the Captain badges to the family members of Paul Everson and James Hutchinson to pin on their loved ones. The Council congratulated both of them in their new roles. 3. Promotion Ceremony for Sergeant Timothy Flor. a. Maplewood Police Chief, Dave Thomalla gave the report and introduced Timothy Flor's family in the audience. Sergeant Flor's daughter pinned the Sergeant Badge on her father. The council congratulated Mr. Flor in his promotion. G. PUBLIC HEARINGS 1. Kohlman Lane Area Street Improvements, City Project 07-21 a. Assessment Hearing 7:00 p.m. b. Resolution for Adoption of Assessment Roll C. Resolution for Awarding Construction Contract d. Maplewood Civil Engineer II, Michael Thompson gave the presentation and answered questions of the council and public. e. Acting City Manager, Public Works Director, Chuck AN answered questions of the council and public. Mayor Longrie opened the public hearing. Bob Stine, 2814 Keller Parkway, Maplewood. Mr. Stein asked about the storm sewer assessment. (Michael Thompson responded.) 2. Dave Taklo, 2770 Keller Parkway, Maplewood. Mr. Taklo said he strongly objects to being assessed $900 for the storm assessment since his property does not benefit from sewer drainage in anyway and he filed an objection. (Michael Thompson responded.) 3. Cory Gilbert, 2828 Keller Parkway N., Maplewood. Mr. Gilbert said he strongly objects to being assessed $900 for the storm assessment. He said the residents on the street were told that they were not going to be required to pay the $900. (Mr. Gilbert spoke twice.)(Chuck AN and Michael Thompson responded.) 4. Brett Day, 851 County Road C, Maplewood. Mr. Day said there is a problem with water accumulating on County Road C and Linden Lane. There is no storm sewer pipe up in that area. He hasn't seen a sewer grate anywhere but there is a hole with a storm cover over it. There is no place for the water to run so it runs from Linden Lane down to County Road C to the east sometimes and then it fills up the ditches. Across the street the water accumulates a bog on some private property. He is still concerned about the cooperation or what can be done about this along County Road C. (Michael Thompson responded.) 5. Iry Brenner, 2780 Keller Parkway, Maplewood. Mr. Brenner said when he walks along Keller Parkway he sees water draining into the lake and he wondered what was different from this project and what they already have. (Michael Thompson responded.) Mayor Longrie closed the public hearing. Councilmember Rossbach moved to approve the adoption of the Assessment Roll for the Kohlman Lane Area Street Improvement Project, City Project 07-21 less all objections received as noted within this report and objections received at the assessment hearing. Objections will be April 28, 2008 4 City Council Meeting Minutes referred to staff for review and recommendation to the city council will be at the May 12, 2008, council meeting. RESOLUTION 08-04-051 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on March 24th, 2008, calling for a Public Hearing, the assessment roll for the Kohlman Lane Area Street Improvements, City Project 07-21, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Karen Benker, 2786 Keller Parkway (PIN 04-29-22-32-0014) 2. Robert Hjort, 970 Kohlman Lane (PIN 04-29-22-31-0019) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: That the City Engineer and City Clerk are hereby instructed to review the objections received, as noted above, along with any and all objections filed at the Assessment Hearing, and report to the City Council at the regular meeting on May 12th, 2008, as to their recommendations for adjustments. The City Engineer and City Clerk are hereby instructed to delay all assessments proposed for the above objections thereof and shall be included in the final recommendations of the City Engineer on May 12th, 2008. 2. The assessment roll for the Kohlman Lane Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2009 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2008, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2008, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November 1, 2008, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. April 28, 2008 5 City Council Meeting Minutes Adopted by the council on this 28th day of April 2008. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Councilmember Nephew moved to approve the Award for the Base Bid Alternate #2 portions of the construction contract for the Kohlman Lane Area Street Improvement Project, City Project 07- 21, to C.W. Houle, Incorporated of Shoreview, Minnesota in the amount of $1,875,809.00. RESOLUTION 08-04-052 AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of C.W. Houle, Incorporated in the amount of $1,875,809.00, which includes the Base Bid and Bid Alternate #2 portions of the contract, is the lowest responsible bid for the construction of Kohlman Lane Area Street Improvements, City Project 07-21, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Adopted by the council on this 28th day of April, 2008. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 2. Myrtle -Sterling Street Improvements, City Project 07-19 a. Assessment Hearing 7:15 p.m. b. Resolution for Adoption of Assessment Roll. C. Approval of Joint -Powers Agreement with City of North St. Paul. d. Maplewood Civil Engineer II, Michael Thompson gave the presentation. e. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council and public. f. Maplewood Finance Director, Bob Mittet answered questions of the council. Mayor Longrie opened the public hearing. Brian Gents, 1636 Myrtle Street. He objected to the fact that interest gets charged to property owners even before the project gets completed. (Chuck AN responded.) Mayor Longrie closed the public hearing. Councilmember Nephew moved to approve the Resolution for the Adoption of the Assessment Roll for Myrtle -Sterling Street Improvements, City Project 07-19. RESOLUTION 08-04-053 ADOPTING ASSESSMENT ROLL April 28, 2008 6 City Council Meeting Minutes WHEREAS, pursuant to a resolution adopted by the City Council on March 24th, 2008 calling for a Public Hearing, the assessment roll for the Myrtle -Sterling Street Improvements, City Project 07-19, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the assessment to 1660 Myrtle Street, Parcel 24.29.22.22.0068 has been revised to a single unit assessment in the amount of $6,360, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 24.29.22.22.0014 — Judith Clos; 1580 Myrtle Street N Mrs. Judith Clos objects to the assessment and is requesting deferral on the second lot assessment. b. Parcel 24.29.22.22.0018 — James and Franceen Thurstin; 1595 Myrtle Street N Mr. and Mrs. Thurstin object to the assessment and request deferral on the second lot assessment. c. Parcel 24.29.22.22.0009 — Michelle Bakke; 1622 Myrtle Street N Mrs. Bakke objects to the assessment based upon a financial hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 12th, 2008, as to their recommendations for adjustments. 2. The assessment roll for the Myrtle -Sterling Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2009, and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2008, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2008, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November 1, 2008, transmit a certified duplicate of this assessment to the county auditor April 28, 2008 7 City Council Meeting Minutes to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 28th day of April 2008. Seconded by Councilmember Hjelle. Ayes — Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Nom— Mayor Longrie The motion passed. Councilmember Nephew moved to approve the Joint -Powers Agreement with the City of North Saint Paul and direct the mayor and city manager to sign the agreement signifying city council approval. JOINT -POWERS AGREEMENT City of Maplewood/City of North Saint Paul Street and Water main Improvements — Sterling Street THIS JOINT -POWERS AGREEMENT made and entered in this day of 2008, by and between the City of Maplewood, Ramsey County, Minnesota, and the City of North Saint Paul, Ramsey County, Minnesota. WHEREAS, the City of Maplewood and the City of North Saint Paul, pursuant to the provision of Minnesota Statutes Chapter 471.59, are authorized to enter into agreements to exercise jointly the governmental powers and functions each has individually; and, WHEREAS, The section of Sterling Street between Ripley Avenue and Holloway Avenue is jointly owned by the City of Maplewood and the City of North Saint Paul; and, WHEREAS, the City of Maplewood is constructing improvements to Sterling Street from Larpenteur Avenue to Holloway Avenue, City Project 07-19, formerly City Project 07-32; and, WHEREAS, the City of Maplewood and the City of North Saint Paul agree to split the cost of improving the section of Sterling Street that is jointly owned; and, WHEREAS, the City of North Saint Paul, by previous agreement, owns and operates the municipal water system that serves this project area; and, WHEREAS, the City of North Saint Paul wishes to enhance their water system by replacing old waterman from Ripley Avenue to Holloway Avenue within Sterling Street; and, WHEREAS, the City of Maplewood has, through its consulting engineer Short Elliott Hendrickson Inc., prepared final plans and specifications for said improvements; and, WHEREAS, the City of Maplewood has solicited competitive bids for construction of said improvements and awarded a construction contract to Tower Asphalt Inc. wit: NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows, to April 28, 2008 8 City Council Meeting Minutes 1. The City of Maplewood will construct the roadway improvements and waterman improvements as part of City Project 07-19 as shown in Exhibit 1. 2. The City of North Saint Paul will, upon invoice from the City of Maplewood, reimburse the City of Maplewood for 50% of the cost of improving the jointly owned section of Sterling Street and for the total cost to construct the waterman from Ripley Avenue to Holloway Avenue. North Saint Paul's share, based on the contractor's bid and quantity estimates prepared by Short Elliott Hendrickson Inc., is estimated at $302,091.20 and includes: Construction $229,727.15 Indirect(31.5%) $ 72,364.05 Total $302,091.20 The City of North Saint Paul shall pay the City of Maplewood within 30 days of receipt of the invoice. 3. The City of Maplewood and the City of North Saint Paul agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses, including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to other parties as a result of the manner in which the City of Maplewood or the City of North Saint Paul perform or fail to perform duties imposed on each party by the terms of this agreement. 4. This agreement shall remain in full force and effect until terminated by mutual agreement of the City of Maplewood and the City of North Saint Paul or by an independent arbitrator in the event that there is not a mutual agreement. 5. It is agreed that, except as specifically provided hereby the execution of this agreement, neither party relinquishes any rights or powers possessed by it, neither party is relieved of any responsibility, duty or obligation imposed on it by law or regulation. 6. Data Practices: a. The City of Maplewood and the City of North Saint Paul agree to comply with the Minnesota Data Practices Act and all other state and federal laws relating to data privacy or confidentiality; b. The City of Maplewood and the City of North Saint Paul will immediately report to each other any requests from third parties for information relating to this Agreement. c. The City of Maplewood and the City of North Saint Paul agree to promptly respond to each other's inquiries concerning data requests. 7. Arbitration of Disputes: Any controversy claim arising out of or relating to this Agreement or breach thereof shall be settled by arbitration in accordance with the rules of the American April 28, 2008 9 City Council Meeting Minutes Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized representatives. Dated Dated City of Maplewood 1902 County Road B East Maplewood, MN 55109 CITY OF MAPLEWOOD By Its Mayor By Its City Manager CITY OF NORTH SAINT PAUL By Its Mayor By Its City Manager AS TO NOTICE, Seconded by Councilmember Juenemann. The motion passed. City of North Saint Paul 2400 Margaret Street North Saint Paul, MN 55109 Ayes — All Councilmember Juenemann moved to approve the Resolution for the Award of Bids to Tower Asphalt in the amount of $713,201.05 for the Myrtle -Sterling Street Improvements, City Project 07-19. RESOLUTION 08-04-054 AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Tower Asphalt in the amount of $713,201.05, which includes the base bid plus bid alternate # 1, is the lowest responsible bid for the construction of Myrtle -Sterling Street Improvements —City Project 07-19, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Adopted by the council on this 28th day of April 2008. Seconded by Councilmember Hjelle. Ayes — Councilmembers Hjelle, Juenemann, Nephew, & Rossbach April 28, 2008 10 City Council Meeting Minutes I:I Nom— Mayor Longrie The motion passed. VISITOR PRESENTATIONS David Schelling, 1955 Greenbrier Street, Maplewood. Mr. Schelling spoke regarding past newspaper articles in the St. Paul Pioneer Press regarding the state of the City of Maplewood. In his opinion the City of Maplewood should be audited back at least 7 years. 2. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. Mr. Schriener said he was pleased to see the city is recognizing Building Safety Week. Mr. Schriener also spoke regarding this Beaver Creek development and ongoing concerns that he has with this area. 3. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten said she agrees that the City of Maplewood should be audited; however she felt the audit should go back 10 years, not just 7 years as Mr. Schelling suggested. CONSENT AGENDA Mayor Longrie moved to approve item 1. Seconded by Councilmember Nephew. The motion passed. 2. Mayor Longrie moved to approve item 2. Seconded by Councilmember Hjelle. The motion passed. 3. Councilmember Nephew moved to approve item 3. Seconded by Councilmember Rossbach. The motion passed. 4. Mayor Longrie moved to approve item 4. Seconded by Councilmember Hjelle. The motion passed. 5. Mayor Longrie moved to approve item 5. Seconded by Councilmember Nephew. April 28, 2008 City Council Meeting Minutes Ayes — All Ayes — Al I Ayes —Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Nay — Mayor Longrie Ayes — Al I Ayes — Al I 11 The motion passed. 6. Councilmember Juenemann moved to approve item 6. Seconded by Councilmember Nephew. Ayes — All The motion passed. 7. Councilmember Juenemann moved to approve item 7. Seconded by Mayor Longrie. Ayes — All The motion passed. 8. Councilmember Hjelle moved to table the Authorization to Purchase Insurance Agent Services. Seconded by Mayor Longrie. Ayes — Mayor Longrie, Councilmembers Hjelle & Nephew Nays_— Councilmembers Juenemann, & Rossbach The motion to table passed. Mayor Longrie moved to recommend that the insurance company come before the council and describe the types of coverage, riders and risk insurance that the City of Maplewood has at the May 12, 2008, council meeting. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 9. Councilmember Hjelle moved to approve item 9. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 10. Councilmember Rossbach moved to approve item 10. Seconded by Councilmember Nephew. Ayes — All The motion passed. 11. Mayor Longrie moved to approve item 11. Seconded by Councilmember Hjelle. Ayes —All The motion passed. April 28, 2008 12 City Council Meeting Minutes 12. Councilmember Juenemann moved to approve item 12. Seconded by Councilmember Hjelle. Ayes —All The motion passed. 13. Councilmember Rossbach moved to approve item 13. Seconded by Councilmember Nephew. Ayes - All The motion passed. 1. Approval of Claims Mayor Longrie moved Approval of Claims. ACCOUNTS PAYABLE: $ 144,356.76 Checks # 75248 thru # 75300 $ 309,549.47 Disbursements via debits to checking account Dated 04/03/08 thru 04/10/08 $ 139,951.70 Checks # 75301 thru # 75353 $ 150,507.36 Disbursements via debits to checking account dated 04/10/08 thru 04/17/08 $ 744,365.29 Total Accounts Payable PAYROLL $ 563,575.24 Payroll Checks and Direct Deposits dated 04/18/08 $ 4,228.75 Payroll Deduction check #1005097 thru #1005099 dated 04/18/08 $ 567,803.99 Total Payroll 1.312.169.28 GRAND TOTAL Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Purchase of 2008-2009 Winter Road Salt. Mayor Longrie moved approval to Purchase 2008-2009 Winter De -Icing Road Salt Under State Contract. Seconded by Councilmember Hjelle. Ayes — Al The motion passed. April 28, 2008 13 City Council Meeting Minutes 3. Upper Afton Road Improvements, City Project 07-27, Resolution Ordering Preparation of Assessment Roll. Councilmember Nephew moved approval of the Upper Afton Road Improvements, City Project 07-27, Resolution Approving Plans and Advertisement for Bids and Ordering the Preparation of the Assessment Roll. RESOLUTION 08-04-055 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on April 14th, 2008, plans and specifications for Upper Afton Road Improvements, City Project 07-27, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty- one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 2:00 p.m. on the 30th day of May, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of June 9th, 2008. RESOLUTION 08-04-056 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Upper Afton Road Improvements, City Project 07-27. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. April 28, 2008 14 City Council Meeting Minutes FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Rossbach. The motion passed. 4. Trane Maintenance Agreement for MCC. Ayes — Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Nay — Mayor Longrie Mayor Longrie moved approval of the Trane Maintenance Agreement for the MCC for 2008. Seconded by Councilmember Hjelle. The motion passed. Ayes — All 5. Request to Retrofit City Hall/Police Department Roof -Top Exhaust Units. Mayor Longrie moved to approve the request to spend $12,700 to Retrofit City Hall/Police Department Roof -Top Exhaust Units to be paid for from fund GL#101-115-4430 . Seconded by Councilmember Nephew. The motion passed. Ayes — Al I 6. Authorization to Proceed — Bruentrup Farm Barn Remodeling Project (2170 County Road D). Councilmember Juenemann moved to recommend Authorizing the Minnesota Historical Society State Capital Projects Grants — in -Aid Agreement #28C6217 for $223,332 and authorize the Building Official to proceed with the grant approved project budget for the Bruentrup Farm Barn Remodeling Project (2170 County Road D). 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' a x Pir t a } ■ � jrj g i A Y i e A ■ a A Y a ■ a ■a ■ pM b ■i ■ MPw■�p �1ii April 28, 2008 19 City Council Meeting Minutes N p-.li 1{`• '•:Isle:^- =',-Y 11: -Gni !f"C•":[C.:46�".-i ':;liR--A//41::Id•1':1"IIS: ':]'i'.f �[4.:'; .V.•A�nl� ;Y njir l3l lig' :II[ -1 li!'-..::ii�`k'o ;i I!'ii = !7. 7 'f -._L k'kj '•iF•;ti a A 5 R 4 April 28, 2008 20 City Council Meeting Minutes 3 OF 0 N A � R � N s N p-.li 1{`• '•:Isle:^- =',-Y 11: -Gni !f"C•":[C.:46�".-i ':;liR--A//41::Id•1':1"IIS: ':]'i'.f �[4.:'; .V.•A�nl� ;Y njir l3l lig' :II[ -1 li!'-..::ii�`k'o ;i I!'ii = !7. 7 'f -._L k'kj '•iF•;ti a A 5 R 4 April 28, 2008 20 City Council Meeting Minutes r NN _ ,ii ;s:is:rr ;j ;o.: r' s:f'�s i:i[t:i ti!f..,sl s�]a.�„ s7:ls iliir:. r: c .uf:�i"'i; Riai[�_: .•+iiiii :;�a'i i. ��:•s'-5 f: :IE•., fir:l r`.•. :, �. . ..`.ii ti:':;f f.i ..i �.ili`rE�'rJ::IN�r. i N 0 z a April 28, 2008 City Council Meeting Minutes 21 r e ` e ■ y ■ g tr 0 r NN _ ,ii ;s:is:rr ;j ;o.: r' s:f'�s i:i[t:i ti!f..,sl s�]a.�„ s7:ls iliir:. r: c .uf:�i"'i; Riai[�_: .•+iiiii :;�a'i i. ��:•s'-5 f: :IE•., fir:l r`.•. :, �. . ..`.ii ti:':;f f.i ..i �.ili`rE�'rJ::IN�r. i N 0 z a April 28, 2008 City Council Meeting Minutes 21 The motion passed April 28, 2008 City Council Meeting Minutes 22 7. Consider Approval of Amendments to Existing Development Contracts- CommonBond Communities for Trails Edge Town Houses (Century and Larpenteur Avenues). Councilmember Juenemann moved Approval of Amendments to Existing Development Contracts — CommonBond Communities for Trails Edge Town Houses (Century and Larpenteur Avenues). ASSIGNMENT AND ASSUMPTION OF CONTRACT FOR PLANNED UNIT DEVELOPMENT THIS ASSIGNMENT AND ASSUMPTION OF CONTRACT FOR PLANNED UNIT DEVELOPMENT ("Assignment") is made as of this _ day of , 2008, by and between ST. PAUL'S MONASTERY, a Minnesota religious corporation (the "Monastery") and TRAILS EDGE TOWNHOMES LIMITED PARTNERSHIP, a Minnesota limited partnership (the "Partnership"). RECITALS: A. The Monastery and the City of Maplewood, Minnesota (the "City") are parties to that certain City of Maplewood, Ramsey County, Minnesota, Contract for Planned Unit Development, St. Paul's Monastery Re -Development, City Project 07-02 (the "Contract") dated as of March 19, 2008, the applicable terms of which are incorporated herein by this reference. All capitalized terms used in this Assignment, unless otherwise defined herein, shall have the meanings given them in the Contract. B. The Contract contemplates certain development which is to include the construction of the 48 townhome units (the "Tax Credit Project") to be constructed by the Partnership on land legally described on Exhibit A attached hereto (the "Tax Credit Land"). C. The Monastery, CommonBond Acquisition, LLC and Tubman Family Alliance & Chrysalis, A Center for Women, Inc. ("Tubman") entered into a Site Preparation and Infrastructure Reimbursement Agreement dated April _, 2008 (the "Infrastructure Agreement"). D. CommonBond Acquisition, LLC has assigned its interest in the Trails Edge Purchase Agreement (as defined in the Infrastructure Agreement) with the Monastery to the Partnership. E. The Monastery intends by this Assignment to assign its rights in the Contract related to the Tax Credit Project, and the Partnership intends by this Assignment to accept such assignment and to assume certain obligations of the Monastery under the Contract as they relate to the Tax Credit Project, all in accordance with the terms of the Contract and this Assignment. NOW, THEREFORE, in consideration of the Recitals, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Monastery and the Partnership hereby agree as follows: Assianment and Assumption of Riahts Related to Tax Credit Proiect. The Monastery hereby assigns its rights and obligations under the Contract related to the Tax Credit Project (the "Tax Credit Project Rights") to the Partnership, and the Partnership hereby accepts such assignment and assumes and agrees to perform the rights and obligations related to the Tax Credit Project in the manner contemplated by the Contract, except to the extent that such obligations are retained by the Monastery herein. Notwithstanding this Assignment, the April 28, 2008 23 City Council Meeting Minutes Monastery has retained certain obligations that relate to the Tax Credit Project as further set forth herein. 2. Obligations Retained by Monastery. a. The Monastery agrees to provide, or cause to be provided, the improvements required by Sections 1 and 2 of the Contract or to reimburse the City for the cost of those Improvements to the extent such costs must be paid by the Monastery in accordance with the Contract. The Partnership shall reimburse the Monastery for its portion of such costs in accordance with the Infrastructure Agreement. b. The Partnership shall pay to the City the portion of the Park Availability Charge applicable to the Tax Credit Land. The Monastery agrees that the Partnership shall not be responsible for payment of any portion of the Park Availability Charge applicable to the property subject to the Contract, except for the Park Availability Charge applicable to the Tax Credit Land C. The Monastery shall provide the Letters of Credit required by the City pursuant to Sections 5 and 7 of the Contract and the Partnership shall pay the Monastery $667 toward the initial cost of the Letter of Credit and 33 1/3% of any renewal cost, subject to and in accordance with the Infrastructure Agreement. d. The Monastery agrees that the rights-of-way, easements, ponds and infiltration basins described in Sections 8, 9, 10 and 11 of the Contract are on land retained by the Monastery or CommonBond, not on the Partnership's land. The Monastery will make the necessary dedications for those rights-of-way, easements, ponds and infiltration basins. e. The Monastery shall maintain a cause to be maintained and shall be responsible for all insurance requirements of the developer under the Contract. Any obligation under the Contract not specifically addressed herein shall remain the obligation of the Monastery. 3. Representations of the Partnership. The Partnership makes the following representations: a. The Partnership is a limited partnership, duly organized under the laws of the State of Minnesota and in good standing under the laws of the State of Minnesota. b. There are no pending or threatened legal proceedings of which the Partnership has notice, contemplating the liquidation or dissolution of the Partnership or threatening its existence, or seeking to restrain or enjoin the transactions contemplated by this Assignment, or the Contract, or questioning the authority of the Partnership to execute and deliver this Assignment or the validity of this Assignment, or the Contract. C. The execution and delivery of this Assignment by the Partnership have been duly authorized by the Partnership. d. Neither the execution and delivery of this Assignment, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the April 28, 2008 24 City Council Meeting Minutes terms and conditions of this Assignment is prevented, limited by, or conflicts with or result in a breach of, the terms, conditions or provisions of any evidences of indebtedness, agreement, or instrument of whatever nature to which the Partnership is now a party or by which it is bound, or constitutes a default under any of the foregoing. 4. Immediate Assignment/Scope of Assumption. This Assignment is intended to be effective immediately upon the later of (a) execution by the Monastery and the Partnership and (b) the duly authorized execution of the City's Consent. 5. Reimbursement of Costs. The Partnership shall reimburse to the Monastery 33 1/3% of the cost paid by the Monastery under Section 6 of the Contract, subject to and in accordance with the Infrastructure Agreement. 6. Dispute Resolution. All claims, disputes and other matters in question between the parties arising out of, or relating to this Agreement shall be settled in District Court provided the claim, dispute or other matter in question cannot be settled by direct discussion, non-binding mediation or voluntary binding arbitration if agreed to by both parties. The venue for litigation shall be Ramsey County, Minnesota, unless specifically agreed otherwise. 7. Certificate of Occupancy. With respect to Paragraph 13 and 14 of the Contract, the agreements and obligations of Developer thereunder shall be satisfied with respect to the Tax Credit Project upon the issuance of a Certificate of Occupancy for the project and those provisions shall not limit the Partnership's right or authority to pay its contractors in accordance with the applicable contracts between them and the Partnership. 8. City Consent. This Assignment shall only be effective upon execution of the attached Consent by the City. 9. Miscellaneous. a. Consents and Approval. In all cases where consents or approvals are required hereunder, such consents or approvals shall not be unreasonably conditioned, delayed or withheld. The parties agree to act expeditiously and in good faith to accomplish the goals of this Assignment. b. Governing Law. This Assignment shall be construed and enforced according to and governed by the laws of the State of Minnesota. C. Time of the Essence. Time is of the essence in the performance of this Assignment. d. Assignment. Neither party may assign its rights under this Assignment or the Contract without the prior written consent of the other. e. Counterparts. This Assignment may be executed in any number of counterparts, all of which shall constitute a single agreement, and any one of which shall be deemed an original. Entire Agreement. This Assignment, together with the Infrastructure Agreement and City Consent, set forth the entire agreement of the parties hereto with regard to the matter set forth herein. No other agreement, statement or promise made by April 28, 2008 25 City Council Meeting Minutes any other party or by any officer, agent or employee of any party to this Assignment that is not in writing and signed by both parties to this Assignment, shall be binding on either party. g. Relationship. Nothing contained in this Assignment shall create any relationship between the parties hereto other than that of cooperating independent entities, and shall not be deemed to create a partnership or joint venture between and among the parties. IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be duly executed on the date set forth below. Dated: ST. PAUL'S MONASTERY M Its: Dated: TRAILS EDGE TOWNHOMES LIMITED PARTNERSHIP By: CommonBond Investment Corporation Its General Partner By: Joseph L. Holmberg Its: President CONSENT April 28, 2008 26 City Council Meeting Minutes THIS CONSENT by The CITY OF MAPLEWOOD, MINNESOTA (the "City")is attached to and incorporated in the Assignment and Assumption of Contract for Planned Unit Development between St Paul's Monastery (the "Monastery")and Trails Edge Townhomes Limited Partnership (the "Partnership"). WHEREAS, The Monastery, entered into a Contract for Planned Unit Development dated March 19, 2008 (the "Contract"); and WHEREAS, the Monastery has agreed to convey the portion of the property subject to the Contract described on Exhibit A to the Assignment and Assumption for the development of a 48 - unit rental townhome project (the "Tax Credit Project'); and WHEREAS, the Monastery has pursuant to the Assignment and Assumption assigned certain responsibilities to the Partnership to the Partnership while the Monastery has retained certain other responsibilities. NOW, THEREFORE, the City hereby consents to the attached assignment and assumption and agrees as follows: Plans and Specifications. The City hereby acknowledges review and approval of the Plans and Specifications for the construction of the Tax Credit Project. 2. No Cross Default. (a) The City hereby agrees that an event of default by the Monastery under the Contract shall not constitute an event of default by the Partnership under the Contract. The City agrees not to exercise and rights and remedies under the Contract with respect to the Tax Credit Project as a result of an event of default by the Monastery. A breach of the Contract by the Monastery shall not constitute a basis for denying building or occupancy permits to the Partnership for the Tax Credit Project. (b) The City agrees that the failure to commence or complete the developments other than the Tax Credit Project described in the Contract shall not constitute a default by the Partnership. 3. Upon completion of construction of the Tax Credit Project, the City will issue, after customary and required public inspections of the premises and/or approvals, occupancy permits in a timely fashion and without regard to the level of completion of the public or private improvements that are part of the Planned Unit Development, but outside of the Tax Credit Project. CITY OF MAPLEWOOD, MINNESOTA By: _ Its: _ Dated: SITE PREPARATION AND INFRASTRUCTURE REIMBURSEMENT AGREEMENT April 28, 2008 27 City Council Meeting Minutes THIS SITE PREPARATION AND INFRASTRUCTURE REIMBURSEMENT AGREEMENT ("Agreement") is dated as of April _, 2008, and is by and among ST. PAUL'S MONASTERY, a Minnesota religious corporation (the "Monastery"), COMMONBOND ACQUISITION, LLC, a Minnesota limited liability company ("CommonBond"), and TUBMAN FAMILY ALLIANCE & CHRYSALIS, A CENTER FOR WOMEN, INC., a Minnesota nonprofit corporation ("Tubman"). WHEREAS, the Monastery owns the property located at 2675 Larpenteur Avenue East in the City of Maplewood, County of Ramsey, State of Minnesota as legally described on Exhibit A (the "Property"); and WHEREAS, CommonBond and Tubman each desire to purchase, and the Monastery desires to sell, a portion of the Property; and WHEREAS, the Monastery has entered into a Real Estate Purchase Agreement for Family Townhome Community dated May 24, 2006, as amended February 26, 2007 (collectively, the "Trails Edge Purchase Agreement') with CommonBond for the purchase of a portion of the Property; and WHEREAS, the Monastery entered into separate purchase agreements with Tubman and CommonBond for other portions of the Property; and WHEREAS, the Monastery has entered into a Contract for Planned Unit Development dated March 19, 2008 attached hereto as Exhibit B (the "PUD Contract'), WHEREAS, CommonBond intends to assign its rights in the Trails Edge Purchase Agreement to purchase that portion of the Property to be used for the construction of 48 townhomes (the "Trails Edge Project") to Trails Edge Townhomes Limited Partnership (the "Partnership"). NOW THEREFORE, in consideration of the mutual benefit for all parties, the receipt and sufficiency of which is hereby acknowledged, the Monastery, CommonBond and Tubman agree to the following: Completion of Infrastructure. The Monastery agrees to oversee the completion of the infrastructure work necessary for the Property in accordance with the PUD Contract, including but not limited to the grading necessary for the installation of the buildings on the site, grading required to direct water away from the site, installation of necessary storm sewer and ponding, street construction and retaining wall construction. Nothing herein shall make the Monastery responsible for any defects in the construction of the infrastructure, and CommonBond's and Tubman's sole remedy for construction defects shall be to pursue an action against the contractor. The Monastery agrees to assign the contract's warranties for construction of the infrastructure on the applicable parcels to CommonBond, the Partnership and Tubman and to obtain the contractor's consent to such assignment. 2. Infrastructure Costs. Infrastructure costs shall consist of the following costs, as reasonable and appropriate, incurred and paid by the Monastery (the "Infrastructure Costs"): a. All site preparation charged by McGough Company ("McGough") including but not limited to rough grading of the site, site work related to ponds and storm sewers, and site preparation, including as to the Trails Edge Project site preparation for pad installation as covered by the separate site preparation contract between the April 28, 2008 28 City Council Meeting Minutes Monastery and McGough, dated 2008 for the sum not to exceed $ b. All costs incurred in obtaining approval of the Ramsey -Washington Watershed District (the "Watershed District'). c. All platting expense costs incurred in obtaining the final plat to be filed with the Ramsey County Recorder. d. All pond and soil boring costs related to the public roads that will run through the Property. e. All costs related to constructing a right turn lane off Century Avenue onto the Property, to the extent the costs are not included in City of Maplewood Project 07-24 as defined in Section 4. f. All city engineering and signage costs billed separately from the City of Maplewood Project 07-02. g. All costs incurred by the Monastery in obtaining letters of credit to meet the City of Maplewood's requirements to move forward with City of Maplewood Project 07-24. h. All out-of-pocket costs, including soft costs, incurred by the Monastery which are necessary or desirable to complete the work provided for, or described by items 1.a. - g., including engineering and survey expenses (but excluding Monastery's administrative, legal, and similar costs) and which are in connection with the infrastructure related to the Property as provided for in 1.a. -g. above, and which will benefit all parties of this Agreement. 3. Allocation Methods. Subject to Section 7 below, the parties agree to allocate all Infrastructure Costs as follows: a. All costs related to the Watershed District approvals and all costs related to ponds, site work, and storm sewer shall be allocated to the parties on the basis of the number of square feet of impervious surface as defined by Sunde Engineering, PLLC ("Sunde Engineering") as set forth on Exhibit C. b. All costs incurred by McGough in grading the site for the City of Maplewood public roads shall be allocated to the parties based on lineal footage of each party's parcel(s) of land as set forth on Exhibit C. c. All costs incurred for site preparation further defined as cut and fill work done by McGough shall be based on the square footage of each party's parcel(s) as defined by Sunde Engineering as set forth on Exhibit C. d. All costs resulting under Section 2 c., d., e., f., g. and h. above shall be split evenly between the three parties to this Agreement as set forth on Exhibit C. e. All costs for foundation work, sanitary and water specifically for the new monastery building will be paid exclusively by the Monastery. Exhibit C shall not be amended or modified except in accordance with Section 13 of this Agreement. An estimate of the total Infrastructure Costs allocated to each party based on the allocation set forth in this Section is set forth on Exhibit D attached hereto. The parties understand that Exhibit D is an estimate only and actual total costs will be allocated to the parties as provided herein; provided, however, that the total amount to be paid by April 28, 2008 29 City Council Meeting Minutes CommonBond pursuant to this Section shall not exceed $305,000 without CommonBond's and, with respect to the Trail's Edge Project, the Partnership's written consent and subject in all events to Paragraph 19 and that the total amount to be paid by Tubman pursuant to this Section shall not exceed $285,000 without Tubman's written consent. 4. Public Improvements. The term "Public Improvements" for the purposes of this Agreement shall mean the construction by the City of Maplewood (the "City") of the Larpenteur Avenue Trail, the construction of Benet Road and Monastery Way, the right turn lane on Century Avenue, and the associated sanitary sewer, water main and storm drainage improvements to be made by the City under a developer's agreement with the Monastery, City Project 07-24. The cost of these Public Improvements is estimated to be $1,144,487 per the PUD Contract, and the City will assess each landowner's share of these costs directly against each parcel per the final platting according to the lineal footage of road access measured by Ramsey County as set forth in Exhibit C. The costs attributable to the construction of Benet Road will be paid by CommonBond and the Monastery pursuant to Section 5 below. All parties agree to abide by the special road assessment and not appeal the proposed assessment. 5. Benet Road Assessment. A parcel of land to be purchased by CommonBond outside of the Trails Edge Project includes access to the future site location of the Monastery via Benet Road. The Monastery hereby agrees to pay CommonBond one-half of the special assessment related to the construction of Benet Road until paid in full upon receipt of an invoice for such from CommonBond each May and October. 6. Developer's Agreement. Inconsideration for the Monastery acting as developer with the City of Maplewood to provide for the construction of public roadways which benefit CommonBond and Tubman, CommonBond and Tubman agree to the terms of the PUD Contract as applicable, subject to the Assignment and Assumption Agreement in the form attached hereto as Exhibit G (the "Assignment and Assumption Agreement"). The Monastery agrees to enter into the Assignment and Assumption Agreement on or before May 1, 2008. 7. Settlement of Shared Costs. As the developer, the Monastery will incur the Infrastructure Costs described in Section 2 above. The Monastery will recover such costs in the following manner: a. CommonBond and the Monastery agree to estimate the total of any and all costs allocated under this Agreement (other than the City assessments referenced in Paragraph 4) for the Trails Edge Project at $205,000, which will be paid at the time of closing under the Trails Edge Purchase Agreement. To the extent the actual incurred costs are greater or less than the estimate, the difference will be included in the costs allocated to CommonBond for the senior housing project as set forth in subparagraph 7.b. below. b. CommonBond Senior Housing — CommonBond agrees to pay the allocated cost for the senior housing and the difference between the actual and estimated costs set forth in subparagraph 7.a. above at the time of the closing for the senior housing purchase, estimated to be in October, 2008. c. Tubman — The Monastery will invoice Tubman for its share of the allocated costs set forth in Section 3 on a monthly basis as the Monastery incurs the costs. The Promissory Note and Mortgage entered into by Tubman in favor of the Monastery dated 2008, will be adjusted to reflect Tubman's share of the allocated costs. April 28, 2008 30 City Council Meeting Minutes 8. McGough Contract for Infrastructure Work. Tubman and CommonBond recognize that the Monastery will be named as owner on the agreement with McGough for all site work described in Section 2.a. above, which agreement will be substantially in the form attached hereto as Exhibit F (the "McGough Contract'). Tubman and CommonBond have reviewed the McGough Contract and approve performance of the site work by McGough consistent with the terms of the McGough Contract. Any changes to the site work to be performed by McGough under the McGough Contract which require the execution of a change order shall require approval by all parties to this Agreement. Monastery will provide to Tubman, CommonBond and the Partnership a request for approval together with information reasonably adequate for Tubman and CommonBond to be able to give the approval, which approval shall not be unreasonably withheld or delayed. Tubman, CommonBond and/or the Partnership must object in writing to any such request within five (5) business days of delivery or approval shall be deemed given. All objections by Tubman, CommonBond and/or the Partnership shall be in writing and shall state the specific nature of the objection and (as feasible) a specific request or recommendation for correction or modification. Tubman, CommonBond and the Partnership agree to have representatives of their organization sign off on all work performed under the McGough Contract approving the site work of the contractor prior to final payment being made by the Monastery, subject to and in accordance with the requirements and conditions of the McGough Contract. Payment will be made in accordance with the McGough Contract. The Monastery agrees to assign the warranties to Tubman, CommonBond and the Partnership as described in Section 1 above. 9. Timin . The Monastery agrees to use commercially reasonable efforts to cause McGough to complete the infrastructure work substantially in accordance with the Schedule attached hereto as Exhibit E, except that the Monastery does not undertake to guarantee McGough's performance, and the Monastery shall not be liable to the parties hereto for any failure by McGough to complete the infrastructure work in accordance with Exhibit E. 10. Force Majeure. Any prevention, delay or stoppage due to strikes, labor disputes, acts of God, inability to obtain labor or materials, governmental restrictions, governmental controls, enemy or hostile government action, civil commotion, fire or other casualty, and other causes beyond the control of the Monastery or McGough shall extend the date for completion of the infrastructure for a period equal to any such prevention, delay or stoppage. The Monastery shall give reasonably prompt notice to the other parties of the occurrence causing such delay. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12. Recording. This Agreement shall not be a covenant running with the land and the parties to this Agreement agree not to record this Agreement in the office of the County Recorder in and for Ramsey County, Minnesota. 13. Entire Agreement and Amendment. This Agreement contains the entire agreement of the parties with respect to reimbursement and allocation of the Infrastructure Costs set forth in Section 2 and the allocation of property assessments for the Public Improvements described in Section 4 of this Agreement. This Agreement may only be amended or modified in writing by all parties and to the extent the amendment impacts the Trails Edge Project, the Partnership and Enterprise Community Investment, Inc. must consent to the amendment. 14. Severability. Should any one or more of the provisions of this Agreement for any reason be declared invalid, illegal or unenforceable in any respect, such invalidity, illegality or April 28, 2008 31 City Council Meeting Minutes unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 15. Waiver. The failure or forbearance of any party to this Agreement to enforce any provisions, rights or remedies within this Agreement on one or more occasions shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 16. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, and all which, taken together, shall constitute one and the same instrument. 17. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective parties and their respective representatives, successors and assigns. Without limiting the generality of the foregoing, each reference to CommonBond in its capacity as purchaser and/or owner of the land to be used for the Trails Edge Project shall mean and refer to the Partnership on and after the date of the Partnership's purchase of said property, regardless of whether or not expressly stated herein. Without limiting the generality of the foregoing, each reference to CommonBond in its capacity as purchaser and/or owner of the land to be used for the Trails Edge Project shall mean and refer to the Partnership on and after the date of the Partnership's purchase of said property, regardless of whether or not expressly stated herein. CommonBond, or an affiliate of CommonBond (other than the Partnership), shall retain all rights and responsibilities with respect to the land to be used for a HUD financed 202 project. 18. Headings. The headings at the beginning of each numbered section of this Agreement are solely for the convenience of the parties, and are not a part of this Agreement. 19. Limitation of Liability of Partnership. The Monastery and Tubman acknowledge and agree that the Partnership, as successor to CommonBond with respect to the Trails Edge Project, shall have no liability, under this Agreement, the Assignment and Assumption Agreement, or any other document, in excess of $366,228. Such amount will represent the approximately $205,000 payment for Infrastructure Costs discussed in Paragraph 7.a and the $161,228 payment for the portion of the assessed costs for the Public Improvements referenced in Section 4 allocated to the Trails Edge Project. The Monastery, Tubman and CommonBond shall not have any claims against the Partnership for additional payments or otherwise in connection with the development of the Property. IN WITNESS WHEREOF, the undersigned parties have hereunto entered into this Agreement effective as of the date first set forth above. ST. PAUL'S MONASTERY M Its: April 28, 2008 32 City Council Meeting Minutes COMMONBOND ACQUISITION, LLC 0 Its: TUBMAN FAMILY ALLIANCE & CHRYSALIS, A CENTER FOR WOMEN, INC. M Its: CONSENT Trails Edge Townhomes Limited Partnership (the "Partnership") hereby consents to the terms of the above -referenced Site Preparation and Infrastructure Reimbursement Agreement (the "Agreement") and agrees that after assignment of the Trails Edge Purchase Agreement to the Partnership, it will perform the obligations of the Partnership in accordance with the Agreement. TRAILS EDGE TOWNHOMES LIMITED PARTNERSHIP By: CommonBond Investment Corporation, General Partner in Joseph L. Holmberg, President Seconded by Mayor Longrie. Ayes — All The motion passed. 8. Authorization to Purchase Insurance Agent Services. Councilmember Hjelle moved to table the Authorization to Purchase Insurance Agent Services and recommended that this be brought back to the council as a workshop due to the 30% increase in fees and that this item shall come back to the council durina a workshop at the Mav 12. 2008. council meeting. Seconded by Mayor Longrie. Ayes — Mayor Longrie, Councilmembers Hjelle & Nephew The motion passed. Nays — Councilmembers Juenemann, & Rossbach April 28, 2008 33 City Council Meeting Minutes Mayor Longrie moved to recommend the insurance company to come before the council and describe the types of coverage, riders and risk insurance that the City of Maplewood has at the May 12, 2008, council meeting. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 9. Annual Maplewood Historical Society Payment. Councilmember Hjelle moved to authorize the Annual Maplewood Historical Society Payment for 2007 and 2008 totalling $4,000. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 10. Resolution to Waive the Statutory Tort Limits. Councilmember Rossbach moved to approve the Resolution Making a Selection Not to Waive the Statutory Tort Limits for Liability Insurance Purposes. RESOLUTION 08-04-062 A RESOLUTION MAKING A SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04; and WHEREAS, the choices available are; to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council does hereby elect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04; and, that such election is effective until amended by further resolution of the Maplewood City Council. Adopted by the City Council of the City of Maplewood, Minnesota at a regular meeting held April 28, 2008. ATTEST: Karen E. Guilfoile, City Clerk Diana Longrie, Mayor Seconded by Councilmember Nephew. Ayes — All April 28, 2008 City Council Meeting Minutes 34 The motion passed. 11. Approval of Payment to Safari Software Maintenance Fees Mayor Longrie moved to approve the Payment to Safari Software Maintenance Fees in the amount of $10,880.63.. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 12. Century Avenue Improvements, City Project 03-15 a. Resolution Approving No Parking Councilmember Juenemann moved to approve the Century Avenue Improvements, City Project 03- 15. RESOLUTION 08-04-057 CENTURY AVENUE — "NO PARKING" RESTRICTIONS WHEREAS, the City Council ordered the project improvements for the Century Avenue Improvements (Brookview Drive to Lake Road), City Project 03-15 on June 25th 2007; and WHEREAS, the Municipal State Aid funds will be expended on the improvement of Century Avenue; and WHEREAS, the segment of said improvement does not conform to the approved State Aid standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on the west side of Century Avenue from Brookview Drive to Lake Road. Dated this 28th day of April, 2008. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 13. Temporary Gambling Resolution Councilmember Rossbach moved to approve the Temporary Gambling Resolution Fee Waiver for Cub Scout Pac 256 for the event held at the Trinitv Baptist Church on June 7. 2008. from 11:00 a.m. until 3:00 p.m. RESOLUTION 08-04-058 TEMPORARY GAMBLING RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that Cub Scout Pac 256 is granted a temporary lawful gambling permit to be used at Trinity Baptist Church located at 2220 Edgerton Street, Maplewood, Minnesota on June 7, 2008, at 11:00 a.m. to 3:00 p.m. April 28, 2008 35 City Council Meeting Minutes FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Nephew. Ayes - All The motion passed. J. AWARD OF BIDS 1. Approval of Purchase for Testing Services for a. Kohlman Lane Area Street Improvements, City Project 07-21. b. Hazelwood Street Improvements, City Project 07-25. C. Beam Avenue Improvements, City Project 07-26. d. Maplewood Civil Engineer II, Michael Thompson gave the presentation. Councilmember Hjelle moved to approve authorizing the Maplewood City Engineer to enter into a contract for services with Terra -Con for testing and quality control -services for the Kohlman Lane Area Street Improvements, City Project 07-21 in the amount of $12,768.00 and for the Hazelwood Street Improvements, City Project 07-25 and Beam Avenue Improvements, City Project 07-26 in the amount of $21,405.00. RESOLUTION 08-04-059 APPROVE PURCHASE OF TESTING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the quotes of TerraCon, Inc. in the amount of $12,768.00 for the Kohlman Lane Area Street Improvements (City Project 07-21) and in the amount of $21,405.00 for the Hazelwood Street (City Project 07- 25) and Beam Avenue Improvements (City Project 07-26) are the lowest responsible quotes for geotechnical testing services for the aforementioned public improvement projects. The City Engineer is hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. Adopted by the council on this 28th day of April, 2008. Seconded by Councilmember Rossbach. Ayes - All The motion passed. The council took a short break The council reconvened at 9:30 p.m. K. UNFINISHED BUSINESS Review of Dangerous Dog Situation and Neighborhood Dispute at 2700 Block of Clarence Street, (Resident Requested Item) April 28, 2008 36 City Council Meeting Minutes a. Maplewood Police Chief, Dave Thomalla gave the report. b. City Attorney, Alan Kantrud answered questions of the council and public. Mayor Longrie asked if anyone wanted to speak regarding these agenda items. Michelle Demarre, 2746 Clarence Street, Maplewood. Ms. DeMar spoke about the pit bull dog attack in her neighborhood and her neighbor that was attacked by teenagers. She feels these teenagers should not be able to get away with hurting and harassing people. She also felt it is unsafe in her neighborhood due to the pit bull dogs and wants the police to do more about this problem in the neighborhood. 2. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten commented about the same problems in the neighborhood. 3. Veronica Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten requested copies of the information the council has in the council packet so she can pass it along to the neighbors that couldn't be present this evening regarding this matter. 4. Bob Zick, 2515 Maplewood Drive, Maplewood. He said the definition of a "dangerous dog" needs to be better defined and clarified. 5. Veronica Sletten (spoke Twice) Ms. Sletten mentioned that a pit bull ripped the face off of it's owner and because the hospital did not require a report be filed one was never filed therefore it makes it difficult for people to be aware of these dangerous animals. Councilmember Juenemann moved to request Police Chief and the City Attorney look into customizing the proposed ordinance and bring it back to the council. At that time if the council feels it is warranted the council can decide which boards or commissions should review the ordinance. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 2. Beam Avenue Street Improvements, City Project 07-26. a. Resolution Approving Plans and Advertising for Bids. b. Resolution Ordering Preparation of Assessment Roll. C. Approval of Joint -Powers Agreement with City of North St. Paul. d. Maplewood Civil Engineer II, Michael Thomson gave the presentation. Councilmember Rossbach moved to approve the Resolution for the Beam Avenue Improvements, City Project 07-26. Approving Plans, Advertising for Bids RESOLUTION 08-04-060 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on March 10th, 2008 plans and specifications for Beam Avenue Improvements, Project 07-26, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, April 28, 2008 37 City Council Meeting Minutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty- one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 30th day of May, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of June 9th, 2008. Seconded by Councilmember Juenemann. The motion passed. Ayes — Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Nay — Mayor Longrie Councilmember Rossbach moved to recommend the Resolution Ordering Preparation of Assessment Roll for the Beam Avenue Improvements, City Project 07-26. RESOLUTION 08-04-061 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Beam Avenue Improvements, City Project 07-26. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Hjelle. The motion passed. April 28, 2008 City Council Meeting Minutes Ayes — Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Nay — Mayor Longrie 38 Councilmember Rossbach moved to approve the Joint Powers Agreement between the City of Maplewood/City of North Saint Paul for the Beam Avenue Improvements — White Bear Avenue to Bellaire Street and furthermore direct the Mayor and Acting City Manager to sign the agreement signifying City Council approval. JOINT -POWERS AGREEMENT City of Maplewood/City of North Saint Paul Beam Avenue Improvements - White Bear Avenue to Bellaire Street THIS JOINT -POWERS AGREEMENT made and entered in this 28th day of April, 2008, by and between the City of Maplewood, Ramsey County, Minnesota, and the City of North Saint Paul, Ramsey County, Minnesota. WHEREAS, the City of Maplewood and the City of North Saint Paul, pursuant to the provision of Minnesota Statutes Chapter 471.59, are authorized to enter into agreements to exercise jointly the governmental powers and functions each has individually; and, WHEREAS, the City of Maplewood is proposing to reconstruct Beam Avenue from White Bear Avenue to Bellaire Avenue, City Project 07-26; and, WHEREAS, a portion of this segment of Beam Avenue, between McKnight Road and Bellaire Avenue, is located along the boundary between the City of Maplewood and the City of North Saint Paul; and, WHEREAS, the City of North Saint Paul, by previous agreement, owns and operates the municipal water system that runs along Beam Avenue and serves the project area; and, WHEREAS, the City of North Saint Paul wishes to improve their water system by replacing existing waterman along Beam Avenue between Frederick Street and 2nd Street NW; and, WHEREAS, the City of Maplewood agrees to include the waterman replacement work as a part of the Beam Avenue Improvements; and, WHEREAS, the City of North Saint Paul owns and operates a sanitary sewer system that runs along Beam Avenue between McKnight Road and Bellaire Avenue; and, WHEREAS, repairs to the North Saint Paul sanitary sewer system may be included as a part of the improvements to Beam Avenue; and, WHEREAS, the City of Maplewood has contracted with a consulting engineer, Kimley-Horn and Associates, Inc., to prepare a feasibility report and final plans and April 28, 2008 39 City Council Meeting Minutes specifications for said improvements to Beam Avenue, including the waterman replacement and sanitary sewer repair work; and, WHEREAS, the City of Maplewood will solicit competitive bids for the construction of said improvements. NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows, to wit.. 1. The City of North Saint Paul shall be responsible for street and storm drainage costs for the reconstruction of the south half of Beam Avenue between McKnight Road and Bellaire Avenue. Based upon the completed feasibility report, the estimated total project cost for these street and storm drainage improvements is $459,850, including estimated construction costs plus a 31.5% allowance for engineering and administrative costs. Actual North Saint Paul cost participation for the street and storm drainage improvements shall be as indicated in the Statement of Estimated Quantities tabulation included in the final plans. 2. The City of Maplewood will include the waterman replacement work requested by the City of North Saint Paul as part of the Beam Avenue Improvements. The proposed waterman replacement work is illustrated in attached Exhibit 1. The City of North Saint Paul will be responsible for 50% of the total project cost to replace the waterman. Based upon the completed feasibility report, the estimated total project cost for these improvements is $342,000, including estimated construction costs plus a 31.5% allowance for engineering and administrative costs. The estimated City of North Saint Paul share is, therefore, $171,000. 3. The City of Maplewood will include sanitary sewer repair work requested by the City of North Saint Paul as a part of the Beam Avenue Improvements. The City of North Saint Paul will be responsible for 100% of the costs for any sanitary sewer repair east of McKnight Road. 4. Upon the completion of the street reconstruction, waterman replacement, and any sanitary sewer repair work, the City of Maplewood shall invoice the City of North Saint Paul for the actual cost of said improvements based upon the actual bid prices and final quantities and including a 31.5% allowance for engineering and administrative costs. The City of North Saint Paul shall pay the City of Maplewood within 30 days of receipt of the invoice. 5. The City of North Saint Paul agrees to a modification in the service area boundary for their water system to exclude Maplewood properties along the east side of Ariel Street south of County Road D. This area will be added to the service area of Saint Paul April 28, 2008 40 City Council Meeting Minutes Regional Water Services. See attached Exhibit 2 detailing the service area boundary modification. 6. The City of Maplewood and the City of North Saint Paul agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses, including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to other parties as a result of the manner in which the City of Maplewood or the City of North Saint Paul perform or fail to perform duties imposed on each party by the terms of this agreement. 7. This agreement shall remain in full force and effect until terminated by mutual agreement of the City of Maplewood and the City of North Saint Paul or by an independent arbitrator in the event that there is not a neutral agreement. 8. It is agreed that, except as specifically provided hereby the execution of this agreement, neither party relinquishes any rights or powers possessed by it, neither party is relieved of any responsibility, duty or obligation imposed on it by law or regulation. 9. Data Practices: a. The City of Maplewood and the City of North Saint Paul agree to comply with the Minnesota Data Practices Act and all other state and federal laws relating to data privacy or confidentiality; b. The City of Maplewood and the City of North Saint Paul will immediately report to each other any requests from third parties for information relating to this Agreement. c. The City of Maplewood and the City of North Saint Paul agree to promptly respond to each other's inquiries concerning data requests. 10. Arbitration of Disputes: Any controversy claim arising out of or relating to this Agreement or breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized representatives. Dated CITY OF MAPLEWOOD April 28, 2008 41 City Council Meeting Minutes By Its Mayor By Its City Manager Dated CITY OF NORTH SAINT PAUL By Its Mayor By Its City Manager Seconded by Councilmember Nephew. Ayes — Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Nay — Mayor Longrie The motion passed. 4. Wetland Ordinance Second Reading a. Environmental Planner, Shann Finwall gave the presentation. b. Maplewood Open Space Naturalist, Ginny Gaynor addressed and answered questions of the council. C. Environmental Manager, DuWayne Konewko answered questions of the council and public. Mayor Longrie opened the discussion to the public. 1. Bob Zick, 2515 White Bear Avenue, Maplewood. He asked if a developer came to the city with a development proposal and decides to create a pond or wetland for visual effects he asked if these requirements would apply since the developer decided to create the pond or wetland. 2. Mike Koopmeiners, 2514 Montana Avenue East, Maplewood. Mr. Koopmeiners supports protecting the wetlands. He has butterfly gardens and has removed buckthorn from his property and has tried to restore the wetlands. His concern is if the city decides to rate the wetlands he has property that is 201 feet deep and he is concerned that he may have trouble selling his property to a family if this ordinance has certain limitations that could prevent someone from having a swing set on the property. 3. Ralph Sletten, 2747 Clarence Street North, Maplewood. Mr. Sletten commented on the mailing he received regarding this ordinance that did not clearly state what this ordinance was and how it could affect him or his neighborhood. Mr. Sletten presented pictures on April 28, 2008 42 City Council Meeting Minutes display to show the council and described the property where the old compost site is and the history of the surrounding property. 4. Sharon Sandeen, 1748 Gulden Place, Maplewood. Ms. Sandeen said she is a member of Wakefield Watch and she lives on Wakefield Lake. She said she has many issues with the proposed wetland ordinance. The area where she lives will be affected by this proposed wetland ordinance. She said she is in favor of wetlands and has two large wetlands on her property. Ms. Sandeen reviewed the document she had previously sent the council that was included in the staff report. 5. Linda Bryan, 1752 Gulden Place, Maplewood. Ms. Bryan spoke regarding the same area Ms. Sandeen spoke of and gave her concerns with the proposed wetland ordinance and concerns for Wakefield Lake. 6. Steve Bryan, 1752 Gulden Place, Maplewood. Mr. Bryan is the husband of Linda Bryan and he spoke about his wetland quality concerns and the Wakefield Lake area. 7. John Stine, 1398 Myrtle Street, Maplewood. Mr. Stine spoke regarding balancing the use of private property and the protection, restoration and improvement of wetlands and native habitats. He said his career is in natural resources so he is very committed to these issues but he has learned that absolutes rarely work very well in terms of balancing interests. 8. Nancy Montpetit, 1742 Gulden Place, Maplewood. Ms. Montpetit said she has lived here for 36 years and she explained the consequences of this proposed wetland ordinance on her property. 9. Gary Pearson, 1209 Antelope Way, Maplewood. Mr. Pearson spoke as a property owner and for the owners of Beaver Lake Estates on Maryland Avenue. He received information about this wetland ordinance and he has been aware of it through Planning Commission meetings. He was concerned about how the wetland ordinance would affect the Beaver Lake Estates area and how this ordinance would affect replacing older manufactured homes and replacing them with new homes in the same place in the proposed wetland buffer areas. 10. Bruce Olson, 2444 Larpenteur Avenue East, Maplewood. Mr. Olson said if you extend a buffer beyond 50 feet you need to take into account that it may extend across a drainage divide and into another wetland area. You need to take into account that you may not be in the drainage area of the wetland you are trying to protect, it might be in another area. 11. Craig Beske, 2449 Hillwood Drive, Maplewood. Mr. Beske said on his property is a small pond, if you establish the buffer zones to protect the wetland and keep the sediments from flowing into the watershed, he has concerns because he has a storm sewer that dumps directly into the pond and there is no filtration. He is continuously picking cans, bottles and baseballs out of the pond. He doesn't want restrictions put on what he can do on his property. 12. Ginny Yingling, 673 Dorland Road South, Maplewood. Ms. Yingling serves as the Chair on the Environmental and Natural Resources Commission and stated that there have been some excellent points made this evening she said. She said she previously spoken with some of the citizens that spoke during the public testimony tonight. If the council wants to send this proposed wetland ordinance back to the Environmental and Natural Resources Commission the commission would be open to looking at the issues and concerns that have been raised this evening and work with staff on the issues that have been discussed. Mayor Longrie moved to table the (Second Reading) of the Wetland Ordinance and send it back to the Environmental and Natural Resources Commission and staff to incorporate the comments that have been shared during the discussion. Seconded by Councilmember Nephew. Ayes — All Councilmember Juenemann made a friendly amendment to add and staff to the recommendation. April 28, 2008 43 City Council Meeting Minutes The friendly amendment was accepted by both councilmembers. The motion to table passed. Mayor Lon_grie moved to continue the remainder of the council meetin_g and add the remainin_g items to the agenda for the council meetin_g on May 5, 2008, 5:00-7:00 p.m. Seconded by Councilmember Hjelle. The motion passed. Ayes — All 5. Resolution Adopting an Ordinance Pertaining to Televising of all City Commission and Council Meetings. (Second Reading) 6. Consider Revision Council Procedures on Order of Meetings and Starting Meetings at 6:30 p.m. 7. Code Amendments — Procedures, Public Hearings, Applications and Initiation (Second Reading) 8. Large Assembly Permit and Fee Approval (Second Reading). L. NEW BUSINESS 1. Consider Cancellation of May 26th Council Meeting due to Conflict with Memorial Day. 2. Consider Request for Reimbursement to former City Manager Richard Fursman, for Educational Expenses. M. COUNCIL PRESENTATIONS 1. Request for Ideas and Designs for Building a Personal Fire Pit (Councilmember Hjelle). 2. The "Nicest" Fire Pit in Maplewood Contest (Councilmember Hjelle). N. ADMINSTRATIVE PRESENTATIONS 1. Reminder of Special Meeting at 7:00 p.m. on May 5, 2008, to Consider CoPar Litigation. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:55 p.m. April 28, 2008 44 City Council Meeting Minutes Yy Mon, Apr 28, 2008 12:40 PM Subject: Telivising ordinance �l�'�,wFe ezt ce )ate: Thursday, April 10, 2008 9:27 AM fW e,7tJ I Zk, VY From: Tom Ekstrand <Tom.Ekstrand@ci.maplewood.mn.us> re, K1,1-fz , To: H <hakantrud@klaw.us>, Chuck AN <Chuck.Ahl@ci.maplewood.mn.us>, Dave V Fisher <Dave.Fisher@ci.maplewood.mn. us>, Ken Roberts <Ken.Roberts@ci.maplewood.mn.us> The HRA last night moved to "support the changes to the ordinance that city meetings be televised." This was unanimous on a 4-0 vote. There was one member absent. Some of their comments were: • Joy—Televising is important. • Rita—Can there also be a web cast of the filmed meetings? • Gary—It's essential to broadcast meetings. It would be a mistake to go back to the old way. The PC will discuss this on 4/15 too. TE Tom Ekstrand Senior Planner City of Maplewood 1830 County Road B East Maplewood, MN 55109 651-249-2302 (ph) 651-249-2319 (fx) tom.ekstrand@ci.maplewood.mn.us Page 1 of 1 Comments Submitted to Shann Finwall Regarding the proposed Broadcast Ordinance 4-28-08 1. Community Design Review Board Comments (4-22-08) Linda Olson — Is this really required as an ordinance, it might be better as a policy? How do we penalize ourselves? Matt Wise — Why is this being proposed? Ananth Shankar — The city would be boxing itself in a corner with an ordinance like this. 2. Dale Trippler — ENR Commissioner From: Dale Trippler [mailto:dtripp@usfamily.net] Sent: Sunday, April 13, 2008 9:32 PM To: Shann Finwall Subject: Re: City ordinance re: broadcasting meetings In my opinion Regularly scheduled meetings of the city council and its commissions and boards should be held in the city chambers, video recorded and televised whenever possible. However, if the chambers are not available AND if a commission or board can not arrange a date when the chambers ARE available for a meeting other than their regularly schedule monthly or bi-monthly meeting, then their non -regular meeting should be audio taped. Minutes of the meeting should be transcribed by city staff and forwarded to the commission and/or board and made available to the public if requested. Audio tapes of the meetings should be available for the public to hear at city hall if requested. Audio tapes, which cost FAR less than Video taping, would be just as effective in insuring openness in government as video tapes. If the real goal is to insure openness in government, then audio tapes can do that at a fraction of the cost of Video taping. Sincerely, Dale Trippler Planning Commissioner ENR Commissioner 3. Frederica Musgrave - ENR Commissioner From: bearclaw0333@msn.com To: will.rossbach@ci.maplewood.mn.us; kathy.juenemann@ci.maplewood.mn.us; john.nephew@ci.maplewood.mn.us; erikhjelle@yahoo.com; mayoriongrie@yahoo.com; chuck.ahl@ci.mapiewood.mn.us CC: bearclaw0333@msn.com Subject: As Commissioner and interested public I would like ALL meetings videobroadcast Date: Thu, 17 Apr 2008 01:41:38 +0000 Based on emails and conversations, observation of taped meetings, and personal involvement in government, I would like to have the City of Maplewood continue to video-tape all meetings, workshops and retreats. I've explained my reasons in detail on the attached document. I've always believed in open government. The City needs more than audio documentation. Over my life, I've had students, friends and colleagues who are deaf or hard -of -hearing. Their vision augments and replaces what they cannot hear. A few years ago, I lost my hearing. I couldn't even hear a vacuum cleaner in the next room, television at its highest setting, friends across the table, or packers helping me move to Maplewood. I was examined by a specialist and told my hearing would not come back. A miracle happened, and I regained my hearing. I am sensitive to those who had/have the same issue. Please take them into consideration as you deliberate accessibility to City information. Thank you. email from FYeJ&rica,MuWavev Why I believe Maplewood should continue videotaping all meetings: 1. The Minnesota Information Brief posted online clearly outlines 3 reasons for the law: To prohibit actions being taken at a secret meeting where it is impossible for the interested public to become fully informed about a public board's decisions or to detect improper influences" "To assure the public's right to be informed" "To afford the public an opportunity to present its views to the public body" 2. There are specific instances cited when the meetings should/could be closed to the public. Official commissioner meetings, workshops and retreats do not deal with such private and confidential matters, meaning all official commissioner meetings, workshops and retreats should be open to the public. What does "interested public" mean? The Minnesota Open Meeting Law does not talk about a disinterested and uninvolved public. Maplewood residents want to know what's going on in their city. They want to see — not just hear, not just read notes, they want to visually see — what goes on at meetings as they watch from home. They want to see who is talking, match voice to face, etc. They want to see if heads are nodding yes and positive support or shaking "no." Again, this is the interested public watching, and they are looking for the attendees' stance, feelings, amount of concern, etc. not just words. a. When you cut off the visual/video broadcasting portions of these meetings, you now reduce the flow of information to the interested public who cannot attend for various reasons. b. Cessation of visual/video broadcasting of the meetings will reduce citizen involvement, because the flow of information that the public wants will become restricted and/or unavailable. 4. What does "to become fully informed" mean? The interested public wants complete information, not partial. 2 a. The interested public needs "the whole picture" to fully ascertain and participate in public meetings. Cessation of visual/video broadcasting of meetings results in the public not seeing graphs, photos, power points, maps, etc. that are used by City staff, attendees, presenters and visitors. b. Deaf and hard -of -hearing public will no longer have immediate and alternate means to become fully informed. Audiotapes of meetings are practically useless. Exact transcriptions are costly and delay immediate full and informed understanding of the deaf and hard -of -hearing public. Even if the City of Maplewood were/is not legally responsible for proving public access to the deaf and hard -of -hearing, we would be setting an unusual precedent. c. "Fully informed" means tying the voice to the face, the actions to the face, so the interested public can recognize participants at later meetings, from previous meetings, developing an (in)relationship with the participants, possibly then deciding to become more actively involved in making Maplewood a better place for all. d. Many people are "visual learners." They learn and remember best when they see something. This isn't just something for schools to be concerned about. Visual/video broadcasts help visual learners as well as English Language Learners understand better. e. There is a difference in conversation (words, actions and non-verbals) when the camera is on and when it is on. I say this as a Commissioner. I would like the public to be fully informed at all meetings, workshops and retreats. 5. What does "detect" mean? The word "detect" doesn't refer to seeing or hearing the obvious. It refers to noticing or discovering things with careful attention, usually things that are not easy to see or hear. a. The interested public wants to detect, wants to understand, wants to be active involved, so that (pending) laws and (pending) actions are done fairly, wisely and accurately. They cannot participate and detect if they are not fully informed with visual/video broadcasting. b. A common expression is "I detect a certain tone in your voice." In other words, the tones and inflection we use can support or contradict our words and actions. Hearing public aware of speech variations often detect changes, whether consciously aware of such or not. Deaf and hard -of - hearing can't detect the tone, so they use their other senses, especially vision, to interpret an intention (such as a friendly nod, a smile, a wave of the hand, thumbs down, etc.) Not providing visual/video broadcasting directly impacts their ability to participate on many levels. Is this what the City of Maplewood wants to do? c. There is a difference in conversation (words, actions and non-verbals) when the camera is on and when it is on. I say this as a Commissioner. I would like the public to be fully informed at all meetings, workshops and retreats. 6. What are "improper influences"? I am not saying the following has happened in the past, is happening now, or will happen in the future. The interested public cannot hear or see what goes on in private conversations, telephone conversations, private meetings, etc. At an open public meeting that is only audiotaped, some things could be hypothetically seen and not heard (broadcast) that would prohibit the interested public from becoming fully informed. a. Hypothetically ... contractors and solicitors of City business could hand out money and gifts to City staff, elected officials and appointed commissioners. b. Hypothetically... inappropriate sexual gestures, touching, etc. c. Hypothetically... seating of minorities and women in the back, separate, not equally amongst "peers." d. Hypothetically ... recognition by chair of participants and attendees, minority opinions, etc. For example, does the Chair notice whether noticing hands are being raised, make (un)conscious positive or negative physical reactions to individuals, call on the same individuals frequently while others wait, etc. e. Hypothetically ... when a voice calls out, "Don't" on an audiotape, the public cannot detect who spoke out, whether City staff interfering with a commissioner or appointee willingness to do something for the sake of easily resolving an issue (seating, election, etc.) or someone in the audience or fellow commissioner/appointee. f. Hypothetically ... when a videotape is altered, it is easier to notice the missing section(s), because the shadows, actions, etc. don't flow smoothly. g. Hypothetically... a sense of mutual respect and welcoming or lack thereof, can be seen visually. Businesses and schools are rated on their "welcoming atmosphere," as perceived by newcomers and outsiders. (Insiders already have a sense of feeling ownership and membership.) Periodically businesses and schools do field research, above and beyond internal surveys, to determine the real climate. Data is used to make appropriate changes as necessary. 7. Where are the references to cost in the Minnesota Open Meeting Law? I cannot find any. There are other cost-cutting measures that could be undertaken, if cost is the one and only reason to 8. Why would Maplewood want to go backwards with technology? E a. Audiotaping is something that belongs to the past. Privately and publicly, people are using visual technology, merging pictures and sound, to provide information to others. Why would we want to go backwards? b. Today most people want pictures and sound when they want the news. They turn on the television -- not the radio -- for news. They look at the television, not newspapers, for news. They watch videos online. The trend is visual and audio together. Why would Maplewood want to go backwards? 9. What are the compelling reasons to no longer visual/video broadcast meetings? None. The bottom line is that we need "to assure the public's right to be informed." Any reduction in visual/video taping and broadcasting directly and unduly results in limited access to information.