Loading...
HomeMy WebLinkAbout02-25-2008A. A A FBI MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, February 25, 2008 Council Chambers, City Hall Meeting No. 08-06 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 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 Councilmember Hjelle moved to approve the agenda as submitted. Seconded by Councilmember Nephew. Ayes — All E. APPROVAL OF MINUTES Councilmember Juenemann moved to approve the February 11, 2008, 4:30 p.m. Council Manager Workshop Minutes as submitted. Seconded by Councilmember Nephew. The motion passed. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Abstain — Councilmember Hjelle Councilmember Juenemann moved to approve the February 11, 2008, 6:30 p.m. Special Closed City Council Meeting Minutes as submitted. Seconded by Councilmember Hjelle. The motion passed. Ayes — Al I Approval of the February 11, 2008 city council minutes. February 25, 2008, City Council Meeting Minutes Councilmember Nephew had a correction to the February 11, 2008, city council minutes. On page 39, item J.1: the motion to table that failed was seconded by Councilmember Rossbach, not Mayer LE)RgFie. On page 46, item K3: Councilmember Nephew moved the resolution with an amendment to specify that Greg Copeland was the opposing party in the threatened litigation. On page 47, also item K3: After the council reopened the meeting, the council voted on a motion Councilmember Hielle to direct staff to call a special meeting on 2/19 at 5:00 p.m. Seconded by Councilmember Nephew. The vote was 4-1 (Nay vote from Mayor Longrie). Councilmember Nephew moved to approve the February 11, 2008, City Council Minutes as amended_ Seconded by Councilmember Hjelle. The motion passed. Ayes — All Councilmember Nephew moved to approve the February 6, 2008, Special City Council Meeting Minutes as submitted. Seconded by Councilmember Rossbach. The motion passed. F. APPOINTMENTS/PRESENTATIONS Ayes — Councilmembers Juenemann, Nephew & Rossbach Abstentions — Mayor Longrie & Councilmember Hjelle 1. Swearing in Ceremony for Full -Time Firefighter/Paramedics: Andrew Bauman, Charles Perbix, Andrea Richardson, Jeff Sedlacek and Mike Streff. a. Maplewood Fire Chief, Steve Lukin gave the report and presented the new Maplewood Fighters with their badges. b. Mayor Longrie read the Oath to the new Maplewood Firefighters. The council, staff and audience members gave their congratulations. 2. Commission and Boards Appointments and Reappointments a. Appointment of Joshua Richter to the Housing Redevelopment Authority Councilmember Hjelle moved to appoint Joshua Richter to the Housing Redevelopment Authority. Seconded by Councilmember Nephew. Ayes — All The motion passed. b. Appointment of Dale Trippler to the Environmental & Natural Resources Commission. Councilmember Hjelle moved to appoint Dale Trippler to the Environmental & Natural Resources Commission. Seconded by Councilmember Nephew. Ayes — All The motion passed. February 25, 2008, City Council Meeting Minutes 2 c. Reappointment of Steven Gunn to the Police Civil Service Commission. Councilmember Juenemann moved to reappoint Steven Gunn to the Police Civil Service Commission_ Seconded by Mayor Longrie. The motion passed. Ayes — All d. Appointment of Caleb Anderson to the Historic Preservation Commission. Councilmember Nephew moved to appoint Caleb Anderson to the Historic Preservation Commission. Seconded by Councilmember Juenemann. Ayes — All The motion passed. e. Reappointment of Craig Brannon, Peter Fischer, Carolyn Peterson and Appointment of Therese Sonnek to the Parks & Recreation Commission. Councilmember Juenemann moved to reappoint Craig Brannon, Peter Fischer, Carolyn Peterson and appoint Therese Sonnek to the Parks & Recreation Commission. Seconded by Councilmember Hjelle. The motion passed. Ayes — Al I f. Reappointment of Ananth Shankar and Matt Wise to the Community Design Review Board. Mayor Longrie moved to appoint Ananth Shankar and Matt Wise to the Community Design Review Roard Seconded by Councilmember Juenemann. Ayes — All The motion passed. Mr. AN said the planning commission interviews will be held March 3, 2008 unless there is a scheduling conflict. 3. Recognition of Michelle Gran, Commissioner from the Parks and Recreation Commission. Mayor Longrie moved to approve the Recognition of Michelle Gran who served as commissioner on the Parks and Recreation Commission. Seconded by Councilmember Nephew. Ayes — All The motion passed. G. PUBLIC HEARINGS Hazelwood Street Improvements (Hwy 36 to Frost Avenue), City Project 07-25. February 25, 2008, City Council Meeting Minutes 3 a. Public Hearing 7:00 p.m. b. Resolution Ordering Improvement after Public Hearing (4 votes). c. Civil Engineer, Michael Thompson gave the presentation. d. Chad Larson, Representative from Kimley-Horn & Associates, Inc. e. Acting City Manager and Public Works Director, Chuck Ahl answered questions of the council. Mayor Longrie opened the public hearing. Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood. Mr. Schreiner spoke regarding his concern for the lane width for school buses. 2. Joan Gallagher, 2125 Hazelwood Street, Maplewood. Ms. Gallagher said she has had a terrible drainage problem into Footprint Lake. She asked who she should contact in Public Works regarding drainage concerns at her home. 3. Judy Baier, 2240 Hazelwood Street, Maplewood. Ms. Baier was unable to attend the meeting but provided a letter for the record regarding this proposal. 4. Carolyn Peterson, 1801 Gervais Avenue, Maplewood. Ms. Peterson spoke regarding the difference between a bituminous surface and a paved sidewalk for wheelchairs. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to recommend the resolution ordering the improvement of the Hazelwood Street Improvements, (Hwy 36 to Frost Avenue) City Project 07-25. RESOLUTION 08-02-025 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 11th day of February, 2008, fixed a date for a council hearing on the proposed street and utility improvements for the Hazelwood Street Improvements Project 07-25, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on February 25, 2008, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Hazelwood Street, City Project 07-25. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of February 2008. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 2. Sterling Street Improvements (Holloway to Larpenteur), City Project 07-32. a. Public Hearing 7:15 p.m. b. Resolution Ordering Improvement after Public Hearing (4 votes). C. Civil Engineer, Michael Thompson gave the presentation. February 25, 2008, City Council Meeting Minutes 4 d. Steven Heth, Project Manager SEH addressed and answered questions of the council. e. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. Mayor Longrie opened the public hearing. Mark Hesse, 2494 Meadow Drive East, North St. Paul. Mr. Hesse wants Sterling Street closed due to the dangers and the condition of the road. 2. Ms. Bernie Wildes, 1864 Sterling Street North, Maplewood. Ms. Wildes said a petition was passed around the neighborhood and the majority of the people want Sterling Street closed. 3. Debbie Bauers, 1866 Sterling Street, Maplewood. Ms. Bauers agreed with the comments and is concerned about the street, garbage, parked cars and the possibility of drugs being dealt there. 4. Joe Peschges, President, Hill Murray School, 2625 Larpenteur Avenue, Maplewood. Mr. Peschges spoke about Sterling Street and how Hill Murray School felt about this proposal. 5. Constance Jefferson, 1822 Sterling Street North, Maplewood. Ms. Jefferson spoke regarding the cost of maintaining the road and keeping the road in a natural state. 6. Steve Recker, 1812 Sterling Street North, Maplewood. Mr. Recker's comments were similar to those of the other speakers. 7. Ann Fosburg, 2516 Idaho Avenue East, Maplewood. Ms. Fosburg spoke regarding the history of Sterling Street and stated that she does not want the city to close Sterling Street. Mayor Longrie closed the public hearing. Councilmember Hjelle moved to recommend the resolution ordering the Sterling Street improvements (Holloway to Larpenteur) City Project 07-32. With the change of cutting off and closing the road and not building it between Ripley Avenue and Larpenteur Avenue. No access to the road. If Hill Murray wants to approach the city to put parking spots in the area of the closed road that is an after thought as a budget modification. Mayor Longrie made a friendly amendment that the city maintain easement writes between Larpenteur Avenue to Ripley Ave in the event that Hill Murray proposes doing something as part of this project it shall be at the cost of Hill Murray. Furthermore she recommended directing staff to adjust the budget numbers consistent with these changes discussed. Councilmember Hjelle accepted the friendly amendment. (Maplewood Civil Engineer Michael Thompson revised the resolution after the February 25, 2008, council meeting and the revisions have been included below.) RESOLUTION 08-02-026 ORDERING IMPROVEMENT AFTER PUBLIC HEARING February 25, 2008, City Council Meeting Minutes 5 WHEREAS, a resolution of the city council adopted the 11th day of February, 2008, fixed a date for a council hearing on the proposed street improvements for the Sterling Street Improvements, City Project 07-32, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on February 25th, 2008, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the Sterling Street Improvements, City Project 07-32. 2. That Sterling Street is hereby closed between Ripley Avenue and Larpenteur Avenue. 3. That the adjacent property owner (Hill -Murray Foundation; 2625 Larpenteur Avenue) have the option to construct parking in the area of the closed road in the future, at the sole cost of said property owner. 4. That public right of way be maintained on Sterling Street between Ripley Avenue and Larpenteur Avenue. 5. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of February 2008. 6. The City's consultant engineer, SEH Inc., is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 7. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $977,501 shall be established. The proposed financing plan is as follows: Sterling Street Improvements, City Project 07-32 GO Debt Service $ 196,401 20% Special Assessments $ 91,100 9% Environmental Utility Fund $ 200,000 21% City of North Saint Paul $ 490,000 50% Total $ 977,501 1 100% Seconded by Mayor Longrie. The motion passed. Ayes — Al I Public Works Director, Chuck Ahl said if the City of North St. Paul does not agree with this proposal the project would have to come back to the council. Mayor Longrie called for a 10 minute recess. H. VISITOR PRESENTATIONS February 25, 2008, City Council Meeting Minutes 6 Paul Ruby, 1334 Pearson Drive, Maplewood. Mr. Ruby brought photos to be shown on camera regarding the Rolling Hills Manufactured Home Park and the problems the homeowners have had since the sale of the park. He said the Board members want to meet with the owner of the park as a group. 2. Tom Devank, 220 South Sixth St., Suite 1950, Minneapolis. Attorney for the owners of the Rolling Hills Manufactured Home Park. He said his client would meet with a representative of the Rolling Hills Manufactured Home Park but not with a large group of people. (Mayor Longrie recommended Mr. Ruby and Mr. Devank meet in the City Hall Lobby to exchange information). 3. Joseph Waters, 2393 Hazelwood Street, Maplewood. Mr. Waters spoke regarding semi - trucks driving north on Hazelwood Street to go east on Gervais. Recently there was a semi -truck that got stuck at the corner and ended up blocking traffic for 20 minutes. This area is becoming a safety hazard. He spoke to Mr. Ahl about this problem but he wanted the council to be aware of this safety issue for the children that live in the area and his concerns for having a "pork chop" there in the southeast corner. 4. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick shared his opinion of the position of the Acting City Manager and hiring a permanent City Manager as well as his other opinions regarding city business. CONSENT AGENDA Councilmember Juenemann moved to approve items 1, 2, and 6. Seconded by Councilmember Nephew. Ayes - All The motion passed. 2. Councilmember Hjelle moved to approve item 3. Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Councilmember Hjelle moved to approve item 4. Seconded by Councilmember Nephew. Ayes — All The motion passed. 4. Councilmember Hjelle moved to approve item 5. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 5. Councilmember Hjelle moved to approve item 7. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 1. Approval of Claims February 25, 2008, City Council Meeting Minutes 7 Councilmember Juenemann moved approval of Claims. ACCOUNTS PAYABLE: $ 431,652.09 Checks #74733 thru #74779 $ 407,254.93 Disbursements via debits to checking account Dated 1/24/08 thru 1/31/08 $ 264,212.92 Checks #74780 thru #74831 $ 123,552.49 Disbursements via debits to checking account Dated 1/31/08 thru 2/07/08 Total Accounts Payable $ 1,226,672.43 PAYROLL $ 506,973.98 Payroll Checks and Direct Deposits dated 02/08/08 $ 2,710.83 Payroll Deduction check #1004563 thru #1004565 dated 02/08/08 $ 509,684.81 Total Payroll $ 1,736,357.24 GRAND TOTAL Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Approval of Purchasing a Tandem Axle Truck Body and Plow/wing Attachments. Councilmember Juenemann moved the authorization to enter into a contract with Aspen Equipment, under State Contract #438584, and with J. Craft Equipment, under State Contract #438588, for the purchase of one tandem -axle truck body and one plow and wing attachment at a combined cost of $107,313.67. Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Approval of Public Health and Environmental Health Mutual Aid Agreement. a. Maplewood Fire Chief, Steve Lukin gave the report and answered questions of the council. Councilmember Hjelle moved to approve granting the approval for the Maplewood Health Officer to sign the Public Health and Environmental Health Mutual Aid Agreement and enter into a joint powers agreement with other local metro agencies for public health purposes. Twin Cities Public Health and Environmental Health Entities in Minnesota MUTUAL AID AGREEMENT WHEREAS, pursuant to Minnesota Statutes Section 471.59, political subdivisions of the State of Minnesota may jointly and cooperatively exercise powers common to each of the February 25, 2008, City Council Meeting Minutes 8 contracting parties; and WHEREAS, the original participating parties set forth on Exhibit A, attached hereto and incorporated by this reference, executed the Twin Cities Public Health Departments in Minnesota PUBLIC HEALTH MUTUAL AID AGREEMENT on or about February, 2007; and WHEREAS, the parties agree that, in order to make changes to that agreement and in lieu of an amendment, the parties, and any potential parties, including but not limited to those possible additional parties set forth on Exhibit A or as otherwise provided, shall execute this Twin Cities Public Health and Municipal Environmental Health Entities in Minnesota MUTUAL AID AGREEMENT; and WHEREAS, the purpose of this agreement is to strengthen the preparedness of the public health and environmental health system in Minnesota; and WHEREAS, the parties desire to simplify the defense of claims by eliminating conflicts among defendants that are parties to this Agreement; and WHEREAS, emergencies may occur in the future that will require local public health and/or environmental health entities to come to the aid and assistance of other local public health or environmental health entities; and WHEREAS, the intent of this agreement is to make personnel, equipment, and other resources available to political subdivisions in the event of an emergency, training, drill or exercise; and WHEREAS, the parties participating in this Agreement have determined that it is in their best interests to assist one another in the event of an emergency, training, drill or exercise. NOW, THEREFORE, in consideration of the foregoing, the participating parties agree as follows: I.PURPOSE It is recognized and acknowledged that in certain situations, including but not limited to, natural disasters, public health emergencies, technological hazards, man-made disasters, civil emergencies, community disorders, insurgency or enemy attack, disease outbreaks, special events, or trainings, drills or exercises in preparation for any of these eventualities, the use of the personnel, equipment, supplies and/or services of a local public health entity to perform functions outside its jurisdictional limits is desirable and necessary to preserve and protect the health, safety and welfare of the citizens of the State of Minnesota. This Agreement only addresses assistance provided by a participating party in response to a request made by a participating party and does not affect the applicability of Minn. Stat. § 12.331, Minn. Stat. § 12.33, or other pertinent laws to other activities that may be undertaken by a political subdivision. II. DEFINITIONS For the purposes of this mutual aid agreement, the following terms shall be defined as follows: A. "Employee" means those personnel currently working for a party including, elected and appointed officials, officers and volunteers who are registered with and under the direction and control of that party as required by Minn. Stat. §12.22, subd. 2a (a) (2005). February 25, 2008, City Council Meeting Minutes 9 B. "Participating Party" means the local public health or environmental health authority of a political subdivision that is a party to this Agreement. C. "Requesting Official" means the person designated by a Participating Party who is responsible for requesting Assistance from the other Participating Parties. D. "Requesting Party" means a Participating Party that requests assistance from other Participating Parties. E. "Responding Official" means the person designated by a Participating Party who is responsible to determine whether and to what extent that Participating Party should assist a Requesting Party. F. "Responding Party" means a Participating Party that assists a Requesting Party. G. "Assistance" means Public Health or Environmental Health personnel, equipment, supplies and/or services. III. PROVISION OF MUTUAL AID A. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. The Requesting Party, within a reasonable period of time, shall provide the Responding Party/ies with a written confirmation of the need for assistance including details regarding requested resources, timelines/schedules and location(s) for assistance. B. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party's personnel to assist the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of resources. Once assistance has been authorized, the Responding Party, within a reasonable period of time, shall provide the Requesting Party with a written confirmation of assistance including details about the personnel and resources to be provided and when they will be available. C. Recall and Release of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party or its designee, it is considered to be in the best interest of the Responding Party to do so. The Requesting Party may at any time release a Responding Party or an individual from providing any further assistance. D. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. E. State Declared Emergency. If the State of Minnesota or an authorized state agency declares an emergency, the statutes and administrative rules pertaining to state declared emergencies shall prevail where they conflict with the provisions of this Agreement. IV. LIABILITY February 25, 2008, City Council Meeting Minutes 10 A. Each Requesting Party shall defend, indemnify and hold harmless a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466 and other applicable law, rule, and regulation, including common law. The purpose of creating this duty to defend, indemnify and hold harmless, is to simplify the defense of claims by eliminating conflicts among defendants that are parties to this Agreement. B. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. § 466.01, subdivision 6) of the Requesting Party, but only for purposes of addressing liability under this Agreement. The employees of the Responding Party shall not be considered employees of the Requesting Party for any other purpose. C. The Requesting Party shall defend, indemnify and hold harmless the Responding Party, its Employees, officers and elected and appointed officials against any and all claims brought or actions filed against the Responding Party, its Employees, officers and elected and appointed officials for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any party. D. Each Participating Party agrees to promptly notify the other Participating Parties if it knows or becomes aware of any facts or allegations reasonably giving rise to actual or potential liability, claims, causes of action, judgments, damages, losses, costs or expenses, including attorney's fees, involving or reasonably likely to involve the other Participating Parties, and arising out of acts or omissions related to this Agreement. E. No party to this Agreement or any officer of any party shall be liable to any other party or to any other person for failure of any party to furnish assistance to any other party, or for recalling or releasing assistance as described in this Agreement. F. If a Participating Party utilizes contractors or agents to provide services or assistance under this Agreement, the Participating Party shall execute a contract with the contractor and agent including the following language. Failure to include the following language shall constitute a material breach of this Agreement: CONTRACTOR shall defend, indemnify, and hold harmless each Participating Party in the Twin Cities Public Health and Municipal Environmental Health Entities in Minnesota Mutual Aid Agreement, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the CONTRACTOR, a subcontractor, anyone directly or indirectly employed February 25, 2008, City Council Meeting Minutes 11 by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Contract, and against all loss by reason of the failure of the CONTRACTOR to perform fully, in any respect, all obligations under this contract. In order to protect the CONTRACTOR and those listed above under the indemnification provision, the CONTRACTOR agrees at all times during the term of this Contract, and beyond such term when so required, to have and keep in force the following insurance coverages, in amounts equal at least to the municipal tort liability limits of Minnesota Statutes Chapter 466 or other applicable law as currently in effect or as may be amended from time to time, unless specific dollar limits are otherwise provided herein: Limits (1) Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate (The full limits of coverage must be dedicated to apply to this project, per ISO form CG2501, or equivalent.) Products—Completed Operations Aggregate Personal and Advertising Injury Each Occurrence—Combined Bodily Injury and Property Damage (2) Workers' Compensation and Employer's Liability: Workers' Compensation If the CONTRACTOR is based outside the State of Minnesota, coverage must apply to Minnesota law. Employer's Liability. Bodily injury by: Accident—Each Accident Disease—Policy Limit Disease—Each Employee (3) Professional Liability—Per Claim and Aggregate The professional liability insurance must be maintained continuously for a period of two years after the termination of this Agreement. February 25, 2008, City Council Meeting Minutes 12 An umbrella or excess policy over primary liability insurance coverage is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of the CONTRACTOR to determine the need for and to procure additional insurance that may be needed in connection with this contract. Copies of insurance policies shall be promptly submitted to (name of jurisdiction) upon written request. The CONTRACTOR shall not commence work until it has obtained required insurance. The certificate(s) shall name (name of jurisdiction) as the certificate holder and as an additional insured for the liability coverage(s) with respect to operations covered under the Contract. The CONTRACTOR shall furnish to Maplewood updated certificates during the term of this Contract as insurance policies expire. If the CONTRACTOR fails to furnish proof of insurance coverage, Maplewood may withhold payments and/or pursue any other right or remedy allowed under the contract, law, equity, and/or statute. Maplewood does not waive any rights or assume any obligations by not strictly enforcing the requirements set forth in this section. Duty to Notify. The CONTRACTOR shall promptly notify Maplewood of any claim, action, cause of action or litigation brought against CONTRACTOR, its employees, officers, agents or subcontractors that arises out of the services contained in this Contract. The CONTRACTOR also shall notify Maplewood whenever CONTRACTOR has a reasonable basis for believing that CONTRACTOR and/or its employees, officers, agents or subcontractors, and/or Maplewood might become the subject of a claim, action, cause of action, criminal arrest, criminal charge or litigation arising out of and/or related to the services contained in this Contract. Failure to provide the notices required by this section is a material violation of the terms and conditions of this Contract. V. WORKER'S COMPENSATION Each party shall be responsible for injuries or death of its own Employees "to the extent required by law". Each party will maintain worker's compensation insurance or self-insurance coverage, covering its own Employees while they are providing assistance pursuant to this Agreement. Each party waives the right to sue any other party for any worker's compensation benefits paid to its own Employee or their dependents, even if the injuries were caused wholly or partially be the negligence of any other party or employees. VI. DAMAGE TO EQUIPMENT Each Participating Party, to the extent a party is at fault, shall be responsible for damages to or loss of its equipment while acting within the scope of this Agreement. VII. CHARGES TO THE REQUESTING PARTY A. No charges will be levied by a Responding Party to this Agreement for assistance rendered to a Requesting Party under the terms of this Agreement unless that assistance continues for a period of more than eight (8) hours, as measured from the time Responding Party begins to provide assistance after being specifically directed by the February 25, 2008, City Council Meeting Minutes 13 Requesting Party to perform a task or tasks, unless the Requesting Party is eligible to obtain reimbursement for expenses it incurred during this period from the United States, the State of Minnesota, or any other source. In that event, the Requesting Party shall take all steps necessary to seek reimbursement to the Responding Party for the actual cost of any assistance provided during this initial eight (8) hour period including salaries, overtime, materials and supplies, and other necessary expenses. B. If assistance provided under this Agreement continues for more than eight (8) hours, the Responding Party may submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial eight (8) hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party shall reimburse the party providing the assistance for that amount. C. The ability to levy such charges is not contingent upon the availability of federal or state government funds to reimburse the charges. VIII. DURATION This Agreement will commence upon execution by all eleven (11) original Participating Parties and shall terminate December 31, 2011, unless terminated sooner pursuant to section XI herein. This Agreement will only apply to those parties who have lawfully executed the document and returned a copy to: Hennepin County Public Health Emergency Preparedness Attention: Emergency Preparedness Unit Supervisor 1011 First Street South, Suite 215 Hopkins, MN 55343 (612)543-5220 IX. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. Pursuant to the terms of the TWIN CITIES PUBLIC HEALTH DEPARTMENTS IN MINNESOTA PUBLIC HEALTH MUTUAL AID AGREEMENT, the original participating parties hereby give notice that said PUBLIC HEALTH MUTUAL AID AGREEMENT is terminated and shall be replaced in entirety by this Agreement. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. The matters set forth in the "WHEREAS' clauses at the beginning of this Agreement are by this reference incorporated into and made a part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. X. COMMAND AND CONTROL The Requesting Party shall command the mutual aid scene and provide direction to Employees of each Responding Party. A party shall not be considered either a temporary or a permanent employee of the other parties except as specifically described in this Agreement. February 25, 2008, City Council Meeting Minutes 14 XI. DEFAULT AND WITHDRAWAL A. If a party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the party's default is excused by the other parties, the non -defaulting parties may by majority, vote to remove the defaulting party by providing written notice of termination of the Agreement as to the defaulting party only. Any such removal or termination of this Agreement shall become effective upon the sending of such notice and will not cancel any obligations incurred by any party prior to such termination. B. Any party may withdraw from this Agreement with or without cause by providing thirty (30) days' prior written notice to the other parties herein. Withdrawal shall not discharge any liability incurred by any Party prior to withdrawal. Such liability shall continue until discharged by law or agreement. C. The terms of Sections II, III, IV, V, VI, X, XII, and XIII shall survive the expiration, termination or withdrawal from this Agreement. XII. RECORDS—AVAILABILITY/ACCESS To the extent required by Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the parties agree that the any party, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., that are pertinent to the accounting practices and procedures of the other parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. XIII. DATA PRIVACY Each party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. Each Party agrees to defend, indemnify and hold harmless the other parties, their elected and appointed officials, officers, agents, employees, and volunteers from any claims resulting from a party's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. XIV. COMPLIANCE Participating Parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances in force or hereafter enacted. XV. EXECUTION Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. February 25, 2008, City Council Meeting Minutes 15 XVI. ADDITIONAL PARTIES AND COUNTERPARTS A government unit, on behalf of its local public health and/or environmental health entity, may join this mutual aid Agreement and thereby become a Participating Party upon approval of the new government unit by a majority of the Participating Parties, through their governing body or their duly authorized designee, and execution of a copy of this Mutual Aid Agreement by the joining governing body. This Mutual Aid Agreement may be executed in any number of counterparts, each counterpart for all purposes being deemed an original and all such counterparts shall together constitute the same agreement. XVII. CONTRACT ADMINISTRATION In order to coordinate the services to accomplish the purposes of this Agreement, each Participating Party's Director of Public Health, Director of Environmental Health, or equivalent counterpart, shall be the contact person for each Participating Party under this Agreement. A Participating Party may designate someone other than the Director of Health, Director of Environmental Health, or equivalent, as the contact person by providing written notice to all other Participating Parties. A SIGNATURE PAGE FOR EACH PARTY SHALL BE ATTACHED The Hennepin County Board of Commissioners having duly approved this Agreement on the day of , 200_, and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN By: Assistant/Deputy/County Administrator Date: By: Chair of its County Board Date: ATTEST: By: Deputy/Clerk of the County Board February 25, 2008, City Council Meeting Minutes 16 Date: Reviewed by the County Attorney's Office By: Date: CITY OF MAPLEWOOD By: Title of Official Date: By: Title of Official Date: Reviewed and approved by the City Attorney. A Title Date: Exhibit A Participating Parties to the Agreement: 1) Original signers to the Twin Cities Public Health Mutual Aid Agreement: Community Health Boards in the Twin Cities 7 -County metro area. Anoka County February 25, 2008, City Council Meeting Minutes 17 City of Bloomington Carver County Dakota County City of Edina Hennepin County City of Minneapolis Ramsey County City of Richfield Scott County Washington County 2) Possible additional signers as of October 2007. Other governmental units as defined by applicable statute including but not limited to political subdivisions, municipalities or other governmental units with environmental health or public health services or resources. City of Brooklyn Park City of Crystal City of Hopkins City of Maplewood City of Minnetonka City of St. Louis Park City of St. Paul City of Wayzata University of Minnesota Seconded by Councilmember Nephew. Ayes — All The motion passed. 4. Conditional Use Permit Review — Kline Nissan (3090 Maplewood Drive). a. Planner Shann Finwall gave the report and answered questions of the council. b. Jan Schulte, Vice President Kline Nissan, 3090 Maplewood Drive, Maplewood. Councilmember Hjelle moved approval of the conditional use permit for Kline Nissan at 3090 Maplewood Drive and the CUP shall be reviewed again in June of 2008 to ensure the wetland buffer is beina maintained as reauired and that all other conditions of approval are beina met. Seconded by Councilmember Nephew. Ayes — All The motion passed. 5. Approval of Stationery Order for City Departments. a. Finance and Administration Manager, Bob Mittet answered questions of the council. Councilmember Hjelle moved to authorize the ordering and purchasing of city stationery in the amount of $7,161.06 for 2008. Seconded by Councilmember Juenemann. Ayes — All The motion passed. February 25, 2008, City Council Meeting Minutes 18 6. Approval of Joint Powers Agreement — County -Wide Traffic Enforcement. Councilmember Juenemann moved to recommend approval to enter into the Joint Powers Agreement for the County -Wide Traffic Enforcement. .............. F.... ... ii :i I ifi nI - 1 ii. �. is iiZ _i -�!: �--- =15i:: .- - - - 'o.-.]moi!:�i�,_ .................................... ............. ....... .. kMY p1 M�tlw, we`tl ���� a �� February 25, 2008, City Council Meeting Minutes 19 0 r1 [: is _ T [5 : ❑ x: _ _ �r_ : P� --hie - 1� .�"),•r� i��-1 _r���1= —_->.li 7 r[ `f�i ::l'v1 f:�':q �. i.•_y_� uq-`•.: :l i_ a eai`.•.r :. DY= .. wi' '�.j" Z'3 Seconded by Councilmember Nephew. Ayes — All The motion passed. 7. Approval of Payments. a. 2008 Contribution to Northeast Suburban Transit (N.E.S.T.) b. 2008 Membership to Metro Cities. C. 2008 Membership to Municipal Legislative Commission. Councilmember Hjelle moved to recommend the approving payment to NEST in the amount of $32,780 for the 2008 contribution; $8,987 for the 2008 Membership in Metro Cities; and $9,099 for the 2008 annual dues for the Municipal Leaislative Commission. Seconded by Councilmember Juenemann. Ayes — All The motion passed. J. AWARD OF BIDS None. K. UNFINISHED BUSINESS February 25, 2008, City Council Meeting Minutes 24 Idaho Street Improvements, City Project 07-19 a. Consideration of Idaho Avenue Overlay Option. b. Acting City Manager, Chuck Ahl reported that this item requires "no action". 2. Woodlynn Village TIF Guarantee/Release of Escrow. a. Finance and Administration Manager, Bob Mittet gave the report and answered questions of the council. b. Acting City Manager, Public Works Director Chuck AN answered questions of the council. Councilmember Nephew moved to direct staff to explore and pursue the possibility of extending the tax increment district through 2011, its original date, as a means to have that increment to continue to apply to this shortfall and to reimburse the city for the funds that came out of the General Fund in 1995 and enter it upon thereafter. Seconded by Councilmember Rossbach. Ayes — All The motion passed. There was a lengthy discussion amongst the council regarding the agenda item and the motion. Councilmember Hjelle moved to extend the curfew for the council meeting in order to complete agenda items L3, L2 and L5, (in that order) and then resume the council meeting Thursday, February 28, 2008, at 5:00 p.m. Seconded by Mayor Longrie. The motion passed. L. NEW BUSINESS Ayes — Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Nay — Councilmember Juenemann 1. Community Design Review Board 2007 Annual Report (Carried over from 2-11-08). (Due to the late hour this agenda item will be carried over again to 2-28-08). 2. Visitor Presentation Discussion (Carried over from 2-11-08). (1-2 was heard after item L3 on purpose). a. Councilmember Rossbach brought this issue to the attention of the council, audience and Maplewood residents. Mayor Longrie asked if there were any citizens that wanted to speak regarding this item. George Gonzales, 2359 Heights Avenue, Maplewood. Councilmember Rossbach moved to recommend that staff set up a workshop for the purpose of reviewing the process and procedures for Visitor Presentations during city council meetings. Seconded by Councilmember Nephew. Ayes - All The motion passed. February 25, 2008, City Council Meeting Minutes 25 3. Citizen Committee for Ordinance Review (Carried over from 2-11-08). (1-3 was purposely heard before item 1-2). a. Councilmember Rossbach brought this issue to the attention of the council, audience and Maplewood residents. Mayor Longrie asked if there were any citizens that wanted to speak regarding this item. 1. Jason Schuler, 2360 Timber Avenue, Maplewood. 2. Bob Jwanouskos, 879 Crestview Drive South, Maplewood. 3. George Gonzales, 2359 Heights Avenue, Maplewood. Councilmember Hjelle moved to authorize Councilmember Rossbach to head up a Citizens Task Force regarding reviewing Smoke Ordinances and to allow limited staff time for this subject matter. This Citizens Task Force shall be a committee of people who participate at a meeting next fall. This information shall be advertised in both the City Newsletter and the City of Maplewood wphsitP_ Seconded by Councilmember Nephew. Ayes — All 4. Budget Modifications — Revisions to Management Structure and Creation of Assistant City Manager/Community Development Director Position (Carried over from 2-11-08). (Requires four votes) (Due to the late hour this agenda item will be carried over again to 2-28-08). 5. Beam Avenue Improvements, City Project 07-26. a. Public Works Director, Chuck Ahl gave the report. b. Civil Engineer, Michael Thompson answered questions of the council. Councilmember Rossbach recommended the resolution accepting the report and calling for a public hearing for 7:00 p.m. Monday, March 10, 2008, for the Beam Avenue Improvements, City Project 07-26. RESOLUTION 08-02-027 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted October 22nd, 2007, a report has been prepared by the City's consultant, KHA, with reference to the improvement of Beam Avenue Improvements, City Project 07-26, and this report was received by the council on February 25th 2008, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: 1. The council will consider the Beam Avenue Improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $2,466,000. February 25, 2008, City Council Meeting Minutes 26 M 7 A 2. A public hearing shall be held on such proposed improvement on the 10th day of March, 2008 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Hjelle. The motion passed. Ayes — Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Nay — Mayor Longrie The following agenda items L1, L4, L6 — L10, M1 — M3, N1 & N2 will be heard at the continuation meeting on Thursday, February 28, 2008, at 5:00 p.m. 6. Consider Increasing Expenditure Limit for Staff from $5,000 to $10,000. 7. Revision of Rules and Procedures for City Council and Council Meetings Manual. 8. Approval of Agreement with Springsted, Inc. for Debt Management Study. 9. Recovery and Burial of City Time Capsule and Budget 50th Anniversary DVD. 10. City Commissions. (No Report) COUNCIL PRESENTATIONS 1. Caucus/Election Judges — Councilmember Nephew. 2. Metro Transit — Councilmember Rossbach. 3. Ten Most Wanted — Councilmember Hjelle. ADMINSTRATIVE PRESENTATIONS 1. Absentee Ballot Question — Karen Guilfoile. 2. Announce Council -Manager Workshop March 3, 2008, at 5:00 p.m. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:25 p.m. February 25, 2008, City Council Meeting Minutes 27 Judy Baier 2240 Hazelwood Avenue Maplewood, MN 55109 (651) 777-6734 February 24, 2008 Maplewood City Council City Hall Maplewood, MN 55109 Dear Maplewood City Council: 4-7 01"A)l � - Unfortunately, I am unable to attend the council meeting, but I want to share my concerns. Please read my letter at the meeting. , The cost of approximately 2.5 million dollars and a cost of $5,000 to homeowners is too much to spend when there are only 45 residents living on the street and only 400-600 vehicles traveling the street daily. I don't believe this small activity warrants spending such a large amount of money. Many of us are on fixed incomes and we are more interested in saving money than looking at a beautiful road. In addition, the current plan has the sidewalk ending right on Highway 36. I can't believe there is anyone who thinks that would be a good idea. Major mistake? I encourage the council to either patch the area that is in need of repair or work hard to eliminate some of the cost. Mistakes have been made in the area and I hope there won't be more. The biggest is when Cope Avenue went through the middle of Knucklehead Lake back in the 1960's. I am sure that would not receive approval today and I doubt if the tax revenues gained by this rape of the land and water justify such destruction. Another mistake was when the heavy equipment destroyed the land east of Hazelwood to make a so-called park. I called City Hall 4t the time to report that a park doesn't need grass to be a park, but that it can simply be open land. The youth once played daily on that property and now only geese poop there and a few dogs do the same weekly. It irks me every time I hear the lawnmower cutting that grass and wasting Maplewood's tax dollars. I understand changes are now to be made which include planting wild flowers, wild grass seed, rain gardens, and, for heaven's sake, another pond. In other words, there will be an attempt to return the park to the way it was before its destruction. Why not just stop cutting the grass and leave it alone? I was told these improvements will increase property values. Residents on Hazelwood don't care. Many of us have lived on the street since the 1960's. A, "For Sale," sign is an unusual sight. The value of my home increased $40,000 last year. Do any of us want the value of our homes to increase more, thereby causing further tax increases? Parts of Hazelwood will be narrowed to make room for sidewalks. I don't think this is a good idea. Private landowners will not only drive on a narrow street but will also lose some parts of their property. Will the City Tax Assessor go through all of the property records to decrease taxes due to smaller lot sizes? I hope so. I think as improvements are made in Maplewood, it should be remembered that we are not in Edina nor Woodbury. Our homes are modest, we don't hire a lawn service; therefore, our lawns have a few weeds. Some homes have an extra car parked on their property and no one complains. We don't need the best road or sidewalks or curbs or gutters. Apparently, the installation of curbs is to help the snowplows. I've lived on Hazelwood since 1963 and they never looked like they needed help. Who's going to shovel the sidewalks? And, will snowplows pile snow on them like they currently do on driveways that were just cleared? I would hope the council would reconsider this planned project and attempt to save money where possible, lowering the cost to the city as well as to the homeowner. With a trillion dollar national debt, I would be proud to live in a city where money is spent wisely and where major mistakes are not made. Perhaps we could be an example to other cities, states, and the national government by not spending money foolishly. Sincerely, Judy Baier