HomeMy WebLinkAbout02-11-2008A
M
Q
E.
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, February 11, 2008
Council Chambers, City Hall
Meeting No. 4-08
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:00 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
Acting City Manager, Chuck AN requested that the agenda order be changed to making
Appointments/Presentation item F., Public Hearings, Item G. and Visitors Presentations item H.
because a staff member had used an old agenda format.
Mayor Longrie added a Proclamation under item Appointments/Presentations.
K3. Subd.A. (Closed Session) — added by City Attorney, Alan Kantrud
M1. Caucus/Election Judges — added by Councilmember Nephew
M2. Metro Transit — added by Councilmember Rossbach
M3. 10 Most Wanted — added by Councilmember Hjelle
Councilmember Nephew moved to approve the agenda as amended.
Seconded by Councilmember Rossbach.
APPROVAL OF MINUTES
Ayes —Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Nom— Councilmember Hjelle
Councilmember Juenemann moved to approve the minutes of January 28, 2008, Special Closed
Session Meeting Minutes.
Seconded by Councilmember Nephew.
Ayes — All
February 11, 2008, City Council Meeting
The motion passed.
Councilmember Nephew had an addition to page 15, item 4. Dynamic Display Signs Moratorium
Ordinance (First Reading). He wanted it added for the record that he supported the Dynamic
Display Sign Moratorium but voted against the motion because he felt the Maplewood Community
Center sign should have been subject to the moratorium which he had stated during the
discussion but that was not included in the minutes.
Councilmember Juenemann had a minor correction on page 15, item 5. Planning Commission's
2007 Annual Report. Her motion was to "accept" the Planning Commission 2007 Annual Report
instead of approving the report.
Councilmember Nephew moved to approve the January 28, 2008, City Council Meeting Minutes
as amended.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
F. APPOINTMENTS/PRESENTATIONS
This Proclamation was added during the approval of the agenda by Mayor Longrie.
Mayor Longrie read aloud and presented the Proclamation for the High Steppers.
Councilmember Rossbach moved to accept the Proclamation for the High Steppers.
Proclamation
Whereas, The Maplewood Highsteppers, Maplewood's Figure Skating Club Intermediate
Synchronized Skating Team, has placed 4th in the Midwest Sections, qualifying the team
for the National Championship in Providence, Rhode Island;
Whereas, Maplewood Highstepper Day, will recognize these young athletes
accomplishments as one of the 12 most elite synchronized skating teams in the United
States with an opportunity to qualify and to compete at an international level;
Whereas, we are proud of the achievement of these student athletes that range from 14
to 18 years of age and encourage our community to sponsor them as they travel to the
National Competition;
Whereas, the team will be performing an exhibition on Sunday, February 17, 2008, in
preparation of their travels to Rhode Island;
NOW, THEREFORE, the Maplewood City Council declares that February 17, 2008, is,
hereby dedicated and proclaimed as: Maplewood Highsteppers Day in recognition of the
team's accomplishments as they represent the City of Maplewood and its surrounding
communities;
February 11, 2008, City Council Meeting 2
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of The City
of Maplewood to be affixed this 11 th day of February, 2008.
Mayor, Diana Longrie
ATTEST:
City Clerk, Karen Guilfoile
Seconded by Councilmember Nephew. Ayes - All
The motion passed.
G. PUBLIC HEARINGS
1. Myrtle -Idaho Area Street Improvements, City Project 07-19
a. Public Hearing 7:00 p.m.
b. Resolution Ordering Improvement After Public Hearing (requires 4 Votes)
C. Civil Engineer, Michael Thompson presented the report
d. Public Works Director, Chuck AN answered questions of the council.
e. Bob Mittet, Finance & Administration Manager answered questions of the council.
Mayor Longrie opened the public hearing. Mayor Longrie said the council had received a
neighborhood petition regarding this project which was given to the City Clerk for the
record.
Robert Peterson, 2526 Idaho Avenue East, Maplewood, addressed the council
and shared his view against this project.
2. Ann Fosburgh, 2516 Idaho Avenue East, Maplewood, addressed the council and
shared her view against this project. The second time Ms. Fosburgh spoke she
said nine people on Idaho Avenue do not want the project to move forward.
3. Jim Mueller, 1568 Myrtle Street, Maplewood, addressed the council and shared his
view in favor of this project.
4. Brian Jents, 1636 Myrtle Street, Maplewood, addressed the council and shared his
view on this project.
5. Franceen Thurstin, 1595 Myrtle Street, Maplewood, addressed the council and
shared her views on this project.
6. Mr. Leslie Davis, 622 Lowry Avenue, Minneapolis, addressed the council and
shared his opinion regarding the debt the country is in.
February 11, 2008, City Council Meeting 3
7. Lenora Madigan, 1592 Myrtle Street, Maplewood, addressed the council and
shared her disapproval of the assessment charge.
Mayor Longrie closed the public hearing.
Councilmember Rossbach moved to recommend the removal of Idaho Avenue from the Myrtle -
Idaho Area Street Improvements, City Project 07-19.
Seconded by Councilmember Hjelle. Ayes — Mayor Longrie,
Councilmembers Hjelle,
Nephew & Rossbach
Nay — Councilmember Juenemann
The motion passed.
Councilmember Rossbach moved to adopt the resolution ordering the improvement of the Myrtle -
Idaho Area Street Improvements, City Project 07-19 and to direct staff to insert the correct dollar
amount for the assessment.
RESOLUTION 08-02-015
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 28th day of January, 2008, fixed a
date for a council hearing on the proposed street improvements for the Myrtle -Idaho Area Street
Improvements, City Project 07-19, and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held on February 11th, 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:
That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that
the City of Maplewood make improvements to the Myrtle -Idaho Area Street
Improvements, City Project 07-19.
2. That Idaho Avenue is hereby removed from the project scope for the Myrtle -Idaho Area
Street Improvements, City Project 07-19.
3. Such improvement is hereby ordered as proposed in the council resolution adopted the
11 th day of February 2008.
4. The City Engineer is designated engineer for this improvement project and is hereby
directed to prepare final plans and specifications for the making of said improvement.
5. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. A project budget of $573,470 shall be
established.
February 11, 2008, City Council Meeting 4
The proposed financing plan is as follows:
Financing Plan
Myrtle -Idaho Street Improvements, City Project 07-19
GO Debt Service
$ 366,176.00
64%
Street Assessments
$ 144,144.00
25%
Storm Assessments
$ 23,760.00
4%
Sanitary Sewer Fund
$ 30,300.00
5%
Driveway Program
$ 9,090.00
2%
Total
$ 573,470.00
100%
Seconded by Councilmember Nephew. Ayes — Councilmembers Hjelle,
Juenemann, Nephew,
& Rossbach
Nay — Mayor Longrie
The motion passed.
8. Kohlman Lane Area Street Improvements, City Project 07-21
a. Public Hearing 7:15 p.m.
b. Resolution Ordering Improvement After Public Hearing (requires 4 Votes)
C. Civil Engineer, Michael Thompson presented the report.
Mayor Longrie opened the public hearing.
Bob Stine, future owner of 2814 Keller Parkway, Maplewood, addressed the
council and shared his views in favor of this project.
2. David Gabel, 2843 Meadowlark Lane, Maplewood, addressed the council and
shared his views in favor of this project.
3. Ed Komac, 2865 Meadowlark Lane, Maplewood, addressed the council he asked if
he could have a shutoff valve in his house rather than using the city's water.
4. Scott Jader, 960 Kohlman Lane, Maplewood, addressed the council and shared
his approval of this project.
5. Brad Flicek, 969 Kohlman Lane, Maplewood, addressed the council and said he is
in favor of this project.
6. Keith D. Bardon, 976 Kohlman Lane, Maplewood, addressed the council and
asked where the soil would go from this project.
7. Ray Anderson, 989 Kohlman Court, Maplewood, addressed the council and said
he already paid for assessments. He is already hooked up in the street and has
the copper and has the valve in the house and he asked what the city was going to
do about that.
February 11, 2008, City Council Meeting 5
(Civil Engineer, Michael Thompson said the city would work with the neighbors on this
situation.)
8. Jim Pogreba, 987 Beam Avenue, Little Canada, addressed the council. He said
the assessments were paid in 1968 which never occurred. He assumed he would
not be assessed for sewer assessments but he would be assessed for water and
curb and gutter. He questioned the water runoff increasing. Little Canada's public
hearing is February 20, 2008, and he would find out what his assessment would
be from Little Canada. Maplewood and Little Canada would propose entering into
a joint powers agreement.
9. Robert York, 970 Kohlman Lane, Maplewood, addressed the council. He asked if
the residents could pay the assessment over time. (Chuck AN said Maplewood
residents will have 15 years to pay at 6% interest.)
10. David Taklo, 2770 Keller Parkway, Maplewood, addressed the council and shared
his approval of the project. He asked if the power lines could be put underground
at the same time and if the utilities could be extended. (Mr. AN stated how
expensive that would be.)
11. Elizabeth Sletten, 2747 Clarence Street, Maplewood, addressed the council. She
asked if it could be clarified in exhibit 6 what number the ditch is (she asked that
the information be given to her when the information is found by the engineer.)
12. Brett Day, 851 County Road C, Maplewood, addressed the council. He asked
several questions of the engineer which were answered by Michael Thompson.
Mayor Longrie closed the public hearing.
Councilmember Hjelle moved to approve the resolution ordering the improvement of the Kohlman
Lane Area Street Improvements, City Project 07-21.
RESOLUTION 08-02-016
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 28th day of January 2008, fixed a
date for a council hearing on the proposed street and utility improvements for the Kohlman Lane
Area Street Improvements, City Project 07-21.
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing
was given, and the hearing was duly held on February 11, 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 Kohlman Lane Area Street Improvements, City
Project 07-21.
February 11, 2008, City Council Meeting 6
2. Such improvement is hereby ordered as proposed in the council resolution
adopted the 11 th day of February 2008.
3. The City Engineer is designated engineer for this improvement and is hereby
directed to prepare final plans and specifications for the making of said improvement.
4. The finance director is hereby authorized to make the financial transfers necessary
to implement the financing plan for the project. A project budget of $2,314,350 shall be
established. The proposed financing plan is as follows:
Water Main Assessments:
$
243,540
(10%)
Sanitary Sewer Assessments:
$
36,080
(2%)
Storm Assessments:
$
48,600
(2%)
Street Assessments:
$
238,750
(10%)
Sanitary Sewer Utility Fund:
$ 1,107,480
(48%)
Driveway Replacement Program:
$
30,000
(1 %)
WAC Fund:
$
60,000
(3%)
Environment Utility Fund:
$
85,000
(4%)
City of Little Canada:
$
179,900
(8%)
City general tax levy:
$
285.000
(12%)
Total Financing Amount:
$ 2,314,350
(100%)
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
Mayor Longrie commented that from her prospective this is a good project and that this is more
than just a road project, therefore, the Mayor said she voted for this project.
The council took a 5 minute recess.
H. VISITOR PRESENTATIONS
Mr. Leslie Davis, 622 Lowry Avenue, Maplewood.
2. Nancy Lazaryan, appearing as a state citizen, addressed the council.
3. Bob Zick, 2515 White Bear Avenue, Maplewood, addressed the council.
4. Ron Cockriel, 943 Century Avenue, Maplewood, addressed the council.
5. Elizabeth Sletten, 2747 Clarence Street North, Maplewood, addressed the council.
February 11, 2008, City Council Meeting 7
I. CONSENT AGENDA
1. Councilmember Juenemann moved to approve items 2, 5, 6, 10, 11, and 12.
Seconded by Councilmember Rossbach. Ayes — Mayor Longrie,
Councilmembers Juenemann
Nephew, & Rossbach
Nay — Councilmember Hjelle
2. Councilmember Nephew moved to approve item 1.
Seconded by Councilmember Juenemann.
3. Mayor Longrie moved to approve items 3, 4, and 8.
Seconded by Councilmember Nephew.
4. Councilmember Nephew moved to approve item 7.
Seconded by Councilmember Rossbach.
5. Councilmember Nephew moved to approve item 9.
Seconded by Councilmember Juenemann.
Ayes — All
Ayes — All
Ayes —All
Ayes — Councilmembers Juenemann,
Nephew & Rossbach
Nays — Mayor Longrie &
Councilmember Hjelle
1. Approval of Claims
City Attorney, Alan Kantrud addressed and answered questions of the council.
Councilmember Nephew moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 587,637.47 Checks # 74618 thru # 74674
$ 302,899.23 Disbursements via debits to checking account
Dated 1/10/08 thru 1/17/08
793,642.77 Checks #74675 thru #74732
104,742.98 Disbursements via debits to checking account
Dated 1/31/08 th ru 2/07/08
1,788,922.45 Total Accounts Payable
February 11, 2008, City Council Meeting 8
PAYROLL
$ 683,219.38 Payroll Checks and Direct Deposits dated 01/25/08
$ 2,734.24 Payroll Deduction check #1004426 thru #1004428
dated 01/25/08
$ 685,953.62 Total Payroll
$ 2,474,876.07 GRAND TOTAL
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
2. Lawful Gambling Change of Manager — Leslie Nelson — White Bear Avenue Business
Association.
Councilmember Juenemann moved to approve the Lawful Gambling Change of Manager — Leslie
Nelson — White Bear Avenue Business Association.
RESOLUTION 08-02-017
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
change of manager (Leslie Nelson) is approved for the Dive Bar and AMF Maplewood Bowl.
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 Rossbach. Ayes - All
The motion passed.
3. Joint Powers Agreements — For Operational and Lifeguard Services With White Bear Lake
and Mahtomedi.
a. City Clerk, Citizen Services Manager, Karen Guilfoile answered questions of the city
council.
February 11, 2008, City Council Meeting 9
Mayor Longrie moved to approve the Joint Powers Agreements — For Operational and Lifeguard
Services With White Bear Lake and Mahtomedi.
2008 JOINT POWERS AGREEMENT BETWEEN
THE CITY OF MAHTOMEDI AND THE CITY OF MAPLEWOOD
REGARDING THE OPERATION OF MAHTOMEDI BEACH
THIS AGREEMENT, is made and entered into on the day of , 2008, by
and between the city of MAHTOMEDI (hereinafter referred to as Mahtomedi, or city of
Mahtomedi) and the city of MAPLEWOOD/MAPLEWOOD COMMUNITY CENTER (hereinafter
referred to as Maplewood, or city of Maplewood); both of which are governmental subdivisions of
the State of Minnesota located in the Counties of Washington, and Ramsey, respectively.
PURPOSE
It is the city of Mahtomedi's desire that the city of Maplewood, through the Maplewood
Community Center (MCC) hire, train, supervise, and manage personnel to work at Mahtomedi
Beach under the terms of, and during the time period set forth in, this agreement, below.
AUTHORIZATION
The cities of Mahtomedi and Maplewood enter into this agreement pursuant to Minnesota
Statute Section 471.59, (2003).
AGREEMENT
NOW, in consideration of the mutual understanding as expressed herein, the cities of
Mahtomedi and Maplewood agree as follows:
1. Services Provided. The city of Maplewood shall provide the following services:
a. Recruit, interview, hire, train, evaluate, supervise and monitor all aquatic staff. Aquatic
staff shall consist of lifeguards, water safety instructors, and water safety aides. All
aquatic staff shall be employees of Maplewood and Maplewood shall discipline and
terminate employees, as necessary.
All aquatic staff working at Mahtomedi Beach shall have a minimum of six (6)
months experience working at the MCC, shall be familiar with and follow
Maplewood personnel policies, and shall demonstrate excellent dependability
and responsibility.
ii. All lifeguards working at Mahtomedi Beach shall maintain the following
certifications, at all times during employment at Mahtomedi Beach:
1. Current certification in American Red Cross Lifeguard Training.
2. Current certification in CPR for the Professional Rescuer.
3. Current certification in Waterfront Lifeguarding.
February 11, 2008, City Council Meeting 10
iii. All swim -class instructors working at Mahtomedi Beach shall maintain current
certification as an American Red Cross Water Safety Instructor.
iv. All water -safety aides working at Mahtomedi Beach shall maintain current
certification as a Maplewood Community Center Water Safety Aide.
b. Determine and set hours of daily operation for Mahtomedi Beach, subject to final approval
by the city of Mahtomedi (12:00pm to 7:00pm, Sunday through Saturday, has been
recommended by the MCC).
c. Make decisions regarding closing the beach and/or canceling or rescheduling programs
due to poor weather conditions.
d. Administer and maintain Mahtomedi Beach and aquatic staff beginning on June 7, 2008,
through August 16, 2008 (open swim dates).
e. Provide, at Mahtomedi Beach, at all times during the hours of operation during the open
swim dates, a minimum of two on -duty lifeguards, one of which shall be a Beach
Coordinator, Recreation Supervisor, or Head Lifeguard, as described below. The number
of lifeguards necessary, in excess of two, will be determined by the MCC, based on
demand.
f. Monitor all aquatic staff and ensure that all aquatic staff members maintain current the
certifications listed above. Expiration of any required certification shall result in release
from employment at Mahtomedi Beach. In the event that any aquatic staff member is
released from employment, for any reason, it shall be the duty of the city of Maplewood to
replace that employee with another employee who meets all requirements contained in
this agreement.
g. Administer a swim test to all aquatic staff (speed and endurance), along with other skills
tests, to ensure that all aquatic staff are physically and otherwise capable of performing all
tasks required of a Red Cross certified Lifeguard. All aquatic staff must achieve "good" or
passing standards in the tests before beginning or continuing employment at Mahtomedi
Beach.
h. Prior to Mahtomedi Beach's opening, the MCC shall assist in the preparation, and
opening, of Mahtomedi Beach.
Conduct a minimum of five (5) in-service training sessions for aquatic staff working at
Mahtomedi Beach, throughout the summer. In -services shall consist of both in and out -of -
water training sessions. Attendance at these in-service training sessions shall be
mandatory. Lifeguarding, teaching or swimming skills will be evaluated at the "in—water'
in-service and information vital to the success of the aquatic program will be given at the
"dry -land" in -services.
j. In addition to any other training sessions, the City of Maplewood shall conduct training
sessions on Right to Know, AWAIR, and Blood Borne Pathogens.
k. Ensure that MCC administrative staff visits Mahtomedi Beach a minimum of once per
week during the open swim dates, to critique, evaluate, and advise aquatic staff on
performance and operation of Mahtomedi Beach.
February 11, 2008, City Council Meeting 11
In addition, periodic unannounced visits shall be made by MCC administrative staff to
evaluate on-the-job performance of aquatic staff, and to conduct on-the-job skills testing.
I. After evaluating aquatic staff, meet with staff members individually and discuss the staff
member's evaluation/critique and offer feedback regarding skills at which the staff
member excels and skills upon which the staff member can improve.
m. Ensure that, at all times during the hours of operation of Mahtomedi Beach, a Head
Lifeguard is on duty. A Head Lifeguard, Beach Coordinator, or Recreation Supervisor
must be a minimum of 18 years of age and have excellent lifeguarding and leadership
skills, as well as customer -service experience.
n. Manage pay records and issue paychecks to all lifeguard staff working at Mahtomedi
Beach.
o. Assist with the daily upkeep and cleaning of the facilities at Mahtomedi Beach, including
the beachfront, restrooms, and guardhouse. Any maintenance or mechanical problems
shall be immediately reported to the city of Mahtomedi.
p. Supply all equipment necessary to day-to-day lifeguarding operations at Mahtomedi
Beach including, but not limited to, one backboard, one rescue board, four rescue tubes,
one megaphone, and three sets of snorkeling gear.
q. Administer the operation of a swimming lesson program, following the guidelines of the
American Red Cross Learn to Swim Program.
i. American Red Cross certified Water Safety Instructors shall teach the following
classes:
1. Parent/Child classes.
2. Tot Swim classes.
3. Preschool classes.
4. Level 1-6 classes.
iii. Course descriptions for all classes shall be made available upon request.
iii. Registration for all swim classes shall be the responsibility of the city of
Maplewood, and all fees collected in conjunction with swim classes shall be
applied to payment for swim -class program and staff expenses.
iv. Records shall be kept and be made available regarding the numbers of residents
and nonresidents enrolled in the swimming lesson program.
2. Insurance. The cities of Mahtomedi and Maplewood mutually agree to indemnify and hold each
other harmless for any and all occurrences relating to coordination, supervision, management,
instruction, lifeguarding, and all other relevant issues relating to the coordination and operation of
a comprehensive aquatics program.
February 11, 2008, City Council Meeting 12
The cities of Mahtomedi and Maplewood shall list each other as coinsured for all beach -
related activities and/or beach operation and maintenance. All insurance policies and/or
agreements relating to beach -related activities and/or maintenance must be reviewed and
approved by the respective city attorneys, city administrator for the city of Mahtomedi, and the city
manager for the city of Maplewood.
All insurance policies and/or agreements relating to beach -related activities shall require
provide that the issuer notify the cities of Mahtomedi and Maplewood, individually, at least thirty
(30) days prior to the effective date of any policy cancellation, modification, or non -renewal.
3. Swim -area Location. The area of Mahtomedi Beach to which this agreement pertains (swim
area) shall be the southern 75 feet of the city of Mahtomedi's beach property fronting White Bear
Lake.
4. Dock Location. The city of Maplewood will assist the city of Mahtomedi with determination of the
proper location and formation of the dock structure. Factors determining the location, formation
and adjustment will be based upon providing maximum safety for patrons and staff. Installation
and adjustments of the dock will be performed by the city of Mahtomedi.
5. Compensation. The city of Mahtomedi agrees to provide the city of Maplewood with an annual
administrative and employee -expense fee of $23870.25 for services rendered pursuant to this
agreement. Mahtomedi shall pay this sum in three payments, under the following terms:
a. The first of such payments, in the amount of $7956.75, shall be made to the city of
Maplewood no later than June 27, 2008.
b. The second payment, in the amount of $7956.75, shall be made to the city of Maplewood
no later than August 1, 2008.
c. The final payment, in the amount of $7956.75, shall be made to the city of Maplewood no
later than August 29, 2008.
6. Data Compliance. The city of Maplewood agrees to comply with the Minnesota Data Practices
Act and all other State and Federal laws relating to data privacy of confidentiality. The city of
Maplewood will immediately report to the city of Mahtomedi any request from third parties for
information relating to this agreement. The city of Maplewood agrees to promptly respond to
inquiries from the city of Mahtomedi concerning data requests. The city of Maplewood agrees to
hold the city of Mahtomedi, its officers, and employees harmless for claims resulting from the city
of Maplewood's unlawful disclosure or use of data protected under State of Federal laws.
7. Discrimination and Harassment Compliance. The city of Maplewood agrees to abide by the
requirements of the Americans with Disabilities Act of 1990 (ADA), the Human Rights Act
(Minnesota Statute Chapter 363), and Title 7 of the Civil Rights Act of 1964. These laws deal
with discrimination based on race, gender, disability, religion, sexual preference and sexual
harassment. Violation of any of the above laws will render this agreement terminable at the
discretion and election of the city of Mahtomedi.
8. Termination. This agreement shall terminate on September 7, 2008. In the event that this
agreement is terminated prior to that date due to mutual agreement of both parties or pursuant to
paragraph (7) above or (10) below, compensation shall be paid to the City of Maplewood on a
pro -rated basis using the total compensation by number of days of the agreement multiplied by
February 11, 2008, City Council Meeting 13
the total number of days the agreement was in effect, less any payments made prior to
termination.
9. Breach. Upon breach of any term of this agreement, the non -breaching party shall send written
notice of the breach to the breaching party. The breaching party shall have 10 days to cure the
breach, or provide satisfactory remedial procedures to non -breaching party, and reimburse non -
breaching party for any and all costs associated with the breach including attorney's fees. Failure
to cure shall constitute grounds for termination of this agreement. Further costs incurred due to
the uncured breach shall constitute "damages" payable by the breaching party.
10. Notices. Any notice, demand, or correspondence authorized and/or required under the
agreement shall be in writing and shall be delivered by hand or sent via certified mail to the other
party as listed below.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective this day of , 2008, and shall remain binding and in effect until
such time as the city of Mahtomedi makes final payment to the city of Maplewood, according to the
terms set forth in this agreement. This agreement may be extended or renewed beyond the date of
termination, by election and execution of and by both parties hereto of a document of renewal or
extension setting forth the terms of the renewal or extension.
CITY OF MAHTOMEDI:
Dated .2008
CITY OF MAPLEWOOD:
Dated , 2008
600 Stillwater Road
Mahtomedi, MN 55115
By
Mayor
AND
By
City Administrator
1830 County Road B East
Maplewood, MN 55109
By
Mayor
AND
By
City Manager
February 11, 2008, City Council Meeting 14
JOINT POWERS AGREEMENT
BETWEEN THE TOWN OF WHITE BEAR
AND THE CITY OF MAPLEWOOD
REGARDING LIFEGUARD SERVICES
THIS AGREEMENT, made and entered into on the day of 2008, by
and between the Town of White Bear (the TOWN), and the City of Maplewood/Maplewood
Community Center (MCC); both of which are governmental subdivisions of the State of Minnesota
located in the County of Ramsey.
PURPOSE
The TOWN has leased, from the County of Ramsey, the property located on the south
shore of White Bear Lake in the Town of White Bear, known as "Bellaire Beach".
2. The TOWN is desirous of having MCC hire, train, and manage all beach personnel who
work at "Bellaire Beach" from May 24, 2008 to September 1, 2008 (Labor Day).
3. Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement
entered into through action of their governing bodies, may jointly or cooperatively exercise any
power common to the contracting parties or any similar powers, including those which are the
same except for the territorial limits within which they are exercised.
AGREEMENT
Now, therefore, in consideration of the mutual undertakings herein expressed, the Town of
White Bear and the City of Maplewood/Maplewood Community Center, agree as follows:
4. That MCC shall provide the following services:
a. MCC will determine the hours of operation for Bellaire Beach based upon TOWN
recommendations. MCC will be responsible for the operations at Bellaire Beach
from May 24, 2008 through September 1, 2008 (Labor Day). The beach shall be
open only on weekends and Memorial Day until June 7, 2008 at which time regular
hours shall commence. The beach shall be open only on weekends and Labor
Day after August 17th, 2008. In the event of poor weather conditions, the MCC
will be responsible for the decision of closing the beach. MCC will also be
responsible for opening and closing the beach facility on a daily basis and
administration of keys to personnel.
b. Recruit, hire, train and evaluate all lifeguard staff. MCC will hire, train, evaluate,
discipline and terminate employees.
C. Manage pay records and issue paychecks to all aquatic personnel working at
Bellaire Beach.
Ensure employees working at Bellaire Beach are employed by the City of
Maplewood and follow all Maplewood personnel policies. Employees must meet
the minimum requirements to work in the appropriate position.
February 11, 2008, City Council Meeting 15
Lifeguard:
• All lifeguards hired must hold a current certificate in American Red Cross Lifeguard
Training and CPR/AED for the Professional Rescuer.
• The MCC will monitor Aquatic Staff certifications to be sure that all certifications remain
current.
• All Aquatic Staff is required to maintain current certifications. Expired certifications will
result in being released from duties.
• In the event of an expired certification, the MCC will remove the person, fill their shift with
certified staff and make every attempt to renew the individual's certification in order to
return to work as soon as possible.
• In an effort to encourage fitness and develop strong lifeguards, the MCC will administer
the Cooper Swim Test to all lifeguards at the start of their employment along with other
skill tests. These skills are also performed periodically throughout the year at mandatory
in-service trainings.
• Lifeguards who are not achieving "good" standards according to the Cooper Test will need
to attend additional training sessions conducted by certified lifeguard Training Instructors
and Water Safety Instructors. This will help to improve their swimming skills.
• Lifeguards who are selected to work at the beach must be American Red Cross
Waterfront Certified, have six months experience working at the Community Center, and
have demonstrated excellent dependability and responsibility. These high expectations
are to insure that all staff who are working off site are aware of and following Maplewood
policies and work well independently.
• The TOWN will be able to participate in the final selection of guard staff should they
desire, but the final hiring selection shall solely be the responsibility of MCC.
e. Give an orientation to lifeguard staff on beach management, rules and regulations,
preventive responsibilities, emergency procedures, operation of facility, suggest in-service
training curriculum of the Bellaire Beach 2008 summer season.
f. Administer Bellaire Beach for the entire 2008 beach season.
g. Conduct minimum of five in-service training sessions (one every two weeks). In -services
consist of both in and out of water training sessions. Attendance at these in-service
training sessions will be mandatory. Life guarding skills will be evaluated at the "in -water'
in -services and information vital to the success of the aquatic program will be given at
"dry -land" in -services.
h. Visit Bellaire Beach a minimum of once per week during the months of June through
August, to critique and advise staff on operations and gather input from participants.
February 11, 2008, City Council Meeting 16
There will be an Aquatic Program Representative or Head Lifeguard available on site
during times that the beach is open. Head lifeguards must be a minimum of 18 years of
age and have excellent guarding, customer service, and leadership skills.
MCC administrative staff will also conduct "On the Job Evaluations" for lifeguards
periodically throughout the year without previous warning to the staff being evaluated.
The skills evaluated in an "On the Job Evaluation" may be guarding technique, CPR skills,
first aid skills, and prevention of accidents. After evaluating the lifeguard, the
administrative staff will meet with the staff individually and discuss any critiques, or
comments that they have to improve life guarding or teaching techniques.
All employees will be evaluated for their performance formally at the end of the summer
season. Employees will also be evaluated on a less formal basis midway through the
summer.
k. Ensure staff follows all policies and procedures as authorized providers of the St. Paul
Chapter of the American Red Cross.
Oversee the daily upkeep and cleaning of the Beach facilities including the guard house
and toilets. Any maintenance or mechanical problems will be immediately reported to the
TOWN.
M. Oversee use of other Bellaire Beach facilities including picnic shelter, picnic tables and
grounds. Patrol the entire park once per day to clean-up litter, empty trash receptacles
into park dumpster as needed. Clean beachfront daily including removing weeds and
other debris from shoreline. Remove weeds and remove trees which tend to grow in
shallow water areas of beach.
n. MCC agrees to abide by the requirements and regulations of the Americans with
Disabilities Act of 1990 (ADA), the Human Rights Act (Minnesota Chapter 363), and (Title
7) of the Civil Rights Act of 1964. Violation of any of the above laws can lead to
termination of this agreement.
5. That the TOWN will provide the following services:
a. Provide proper signage for beach.
b. Reimburse MCC for lifeguard salaries (as outlined by MCC) on a monthly basis.
C. The TOWN hereby agrees to provide MCC with an annual fee of $19677, payable
in three (3) monthly payments of $6559 under the following terms:
1. The first payment shall be made to the City of Maplewood no later than June 27, 2008.
2. The second payment shall be made to the City of Maplewood no later than August 1,
2008.
3. The third payment shall be made to the City of Maplewood no later than August 29,
2008.
February 11, 2008, City Council Meeting 17
The TOWN agrees to indemnify and hold harmless MCC, its officers, and employees
from any liability, claims, damages, cost, judgments, and expenses including
attorney's fees resulting directly or indirectly from an act or omission with respect to
the suitability, design, usual maintenance, and operations of the facilities provided by
and maintained by the TOWN and its agents. The TOWN represents that said
facilities are suitable for beach operation.
e. All policies of insurance shall require that the issuer notify MCC at least thirty (30)
days prior to the effective date of any policy cancellation, modification, or non -renewal.
The TOWN agrees to comply with the Minnesota Data Practices Act and all other
State and Federal laws relating to data privacy or confidentiality. The TOWN will
immediately report to MCC any requests from third parties for information relating to
this Agreement. The TOWN agrees to promptly respond to inquiries from MCC
concerning data requests. The TOWN agrees to hold MCC, its officers, department
heads, and employees harmless from any claims resulting from the TOWN's unlawful
disclosure or use of the data protection under State or Federal laws.
6. This Agreement will remain in effect through September 1, 2008, and after which time the
parties shall meet to discuss any renewal of this Agreement for the following year.
7. In the event that this agreement is terminated prior to that date due to mutual agreement of
both parties or pursuant to paragraph (n) above or (8) below, compensation shall be paid to
the City of Maplewood on a pro -rated basis using the total compensation by number of days
of the agreement multiplied by the total number of days the agreement was in effect, less any
payments made prior to termination.
8. Upon breach of any term of this agreement, the non -breaching party shall send written notice
of the breach to the breaching party. The breaching party shall have 10 days to cure the
breach, or provide satisfactory remedial procedures to non -breaching party, and reimburse
non -breaching party for any and all costs associated with the breach including attorney's fees.
Failure to cure shall constitute grounds for termination of this agreement. Further costs
incurred due to the uncured breach shall constitute "damages" payable by the breaching
party.
City of Maplewood
1830 County Rd. B East
Maplewood, MN 55109
White Bear Township
1281 Hammond Rd.
White Bear Township, MN 55110
IN WITNESS WHEREOF, the Town of White Bear and the City of Maplewood/Maplewood
Community Center have caused this Agreement to be executed on their behalf by their proper
officers, Council and Board.
February 11, 2008, City Council Meeting 18
TOWN OF WHITE BEAR
1281 Hammond Rd.
White Bear Township, MN 55110
By:
ROBERT J. WEISENBURGER, Chair
ATTEST:
MR
WILLIAM F. SHORT, Clerk -Treasurer
CITY OF MAPLEWOOD
1830 County Rd. B East
Maplewood, MN 55109
By:
MAYOR
And By:
CITY MANAGER
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
4. Acknowledgement of Receptivity of LCA Funding Award — Commonbond Communities
(Trails Edge Townhomes — Larpenteur and Century Avenues).
Planner, Ken Roberts reported on this item for the council.
Mayor Longrie moved to approve the Acknowledgement of Receptivity of LCA Funding Award —
Commonbond Communities (Trails Edge Townhomes — Larpenteur and Century Avenues).
February 11, 2008, City Council Meeting 19
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
5. 2008 Animal Control Contract.
Councilmember Juenemann moved to approve the 2008 Animal Control Contract.
February 11, 2008, City Council Meeting 20
ANIMAL CONTROL CONTRACT
This agreement made this 1 st day of January, 2008, by and between Animal Control Services,
Inc., a Minnesota Corporation, located at 6400 Colfax Ave. N., Brooklyn Center, Minnesota,
hereinafter, referred to as "ASCI", and the City of Maplewood, located in the County of
Ramsey, and the State of Minnesota, hereinafter referred to as "City", witness to: In
consideration of the covenants and agreements, hereinafter set forth, it is mutually agreed by and
between the parties, hereto, as follows:
This agreement will be effective as of January 1, 2008, and will continue in effect until
December 31, 2008, unless canceled, pursuant to Paragraph 15.
2. "ACSI" agrees to patrol the public streets of the "City" in a vehicle specially designed for
the transportation of small animals, in accordance with City Ordinances and a schedule
agreed upon by both parties. If such schedule is not agreed upon, the agreement shall be
null and void. The vehicle shall have proper identification displayed on two sides. "ASCI"
further agrees to insure, service, and maintain said equipment.
3. "ACSI" agrees that competent personnel, trained in the handling of animals, shall do
patrolling. Said employees shall perform their duties only while in proper uniform and
shall have with them, at all times while on patrol, proper identification as to indicate
employee's name, title, and place of employment. Richard Ruzicka and Mike Buckman
will perform the duties of Animal Control Officer under this agreement.
4. The "City" shall authorize "ASCI" to apprehend and retain dogs and cats and/or issue
citation tags for violations of the City Ordinances. However, "ASCI" will not invade the
private property contrary to the wishes of the owner of said property nor forcibly take an
animal from any person without the approval and assistance of the Maplewood Police
Department of the "City".
5. In addition to the regular hours of patrolling referred to, "ACSI" agrees to maintain one (1)
vehicle for standby service to attend to cases outside regular patrol hours at the specific
request of the Maplewood Police Department, "ACSI" shall respond immediately to any
after hours' callout, agreed upon by the "City" and confirmed to be an emergency.
6. "ACSI" represents and agrees that all animals impounded shall be kept at GOOSE LAKE
KENNELS, 4120 Hoffman Road, White Bear Lake, Minnesota 55110. "ACSI" agrees and
warrants that all animals impounded shall be kept in a comfortable and humane manner
for a period required by the City Ordinance. It is mutually agreed upon that "ACSI" may
temporarily board at an emergency facility if access and or treatment is not immediately
available at the contract facility. Any fee differential for boarding an animal between the
contracted facility and the facility in White Bear Lake will be paid by the animal owner. If
an animal is unclaimed, the "City" will pay the boarding cost at the contracted facility.
The fee schedule(s) for any other facility to be used by "ACSI" shall be posted
prominently at the White Bear Lake facility and be given to the "City" for public
information purposes.
7. At the time that an animal impounded under this contract is reclaimed, "ACSI" or its agent
shall collect the impounding fee and boarding charges as provided by "Contract".
February 11, 2008, City Council Meeting 21
All impounding fees and/or any other penalty fees collected by "ACSI" or its agents by
request of the "City" shall be remitted to the "City".
8. In the event an animal impounded and boarded by order of the "City" Health Officer or
placed under quarantine by ruling of the State Board of Health, said animal shall be
boarded as required by said order or ruling. At the end of such period, the "City" shall
release all of its interest, right and control over said animals that may then be disposed of
at the discretion of "ACSI". In the event that any dogs, cats, or other impounded animals
are unclaimed after six (6) days, they shall become the property of "ACSI" and may be
disposed of or sold at their discretion. All proceeds from the disposition of such animals
may be retained by "ACSI" including any proceeds received from any animals disposed
of in accordance of Minnesota Statutes 35.71.
9. The "City" shall furnish to "ACSI" any special forms or receipts specified in the City
Ordinance and "ACSI" shall keep records of all animals impounded together with a
description of the same.
10. "ACSI" shall assume liability for all harm to animals due to its negligence or that of its
agents in not properly caring for the same, and agrees to defend the "City" against any
lawsuits arising there from. "ACSI" shall defend, indemnify, and hold the "City" harmless
including its officers, employees or agents from any and all claims, lawsuits, losses,
damages, or expenses on account of bodily injuries, sickness, disease, death, and
property damage including injury to animals. "ACSI" shall provide the "City" proof of
public liability insurance including comprehensive automobile liability in an amount of at
least $350,000.00 per each claimant and $1,000,000.00 per occurrence and E.O.C.
insurance in the amount of $250,000.00 per occurrence.
11. The "City" agrees to pay "ACSI" for services in the performance of this contract as
follows:
A. Price per hour/per vehicle for scheduled patrol based on Fifteen (15) hours of patrol per
week for actual time in service. Price per call — per vehicle for service during scheduled or
regular working hour $29.71
B. After Hours Callout unscheduled
Special Callout 1
6:00 pm till 9:00 pm
$48.00
Special Callout 2
9:00 pm till Midnight
$58.00
Special Callout 3
Midnight till 7:00 am
$68.00
Special Callout 4
Weekends and Holidays
7:00 am till 6:00 pm
$53.00
6:00 pm till 9:00 pm
$63.00
9:00 pm till Midnight
$68.00
Midnight till 7:00 am
$78.00
C. Price per animal — for each DAY or fraction thereof, for boarding any species of
animals impounded by direction of City officials or local Ordinances. $15.50
D. Price per animal for boarding each day or fraction thereof for boarding and reclaimed by
the owner. This fee is not charged to the "City" only to the pet owner. $18.00
E. Animal impoundment fee (paid by animal owner upon reclaiming) $13.00
February 11, 2008, City Council Meeting 22
F. Price per animal for disposal of a cat $24.00
G. Price per animal for disposal of a dog $24.00
H. Kennel vaccinations to stop various diseases from time to time per $6.00
shot (Paid by animal owner, if claimed). (Paid by the "City" if not claimed)
Boarding fee per day to keep dead domestic animals for reclaiming not to exceed the
required (6) days. (Paid by the animal owner if claimed. Paid by the "City" if not
claimed) $5.00
12. "ACSI" reserves the right to increase fees for patrol hours if the possibility of future fuel
prices increases beyond $4.00 per gallon. "ACSI" shall give written notice to the "City"
showing the reason for the increase.
13. All payments shall be made by the "City", upon receipt of monthly statements by "ACSI".
Invoices for services rendered will be due net 30 days from the date of invoice and will be
subject to a 1.5% service charge on balance due each month.
14. "ACSI" agrees to provide emergency veterinary services to impounded animals as
needed at cost to the "City"; however, veterinary service that was deemed necessary
may be charged to the owner upon reclamation of the animal. The fee will be charged to
the owner of the animal. If the animal owner is not known, fee will be charged to the city.
$100.00
15. "ACSI" agrees that during the period of this contract, it will not within the State of
Minnesota, discriminate against any employee or applicant for employment because of
race, color, creed, sex, national origin, or ancestry and will include a similar provision in all
subcontract(s) entered into for the performance, hereof. This paragraph is inserted in the
contract to comply with the provisions of Minnesota Statutes 181.59.
16. "ACSI" agrees to comply with the Minnesota Data Practices Act and all other State and
Federal laws relating to data privacy of confidentiality. "ACSI" agrees it will immediately
report to the "City" any requests from third parties for information relating to the
Agreement.
17. "ACSI" agrees to promptly respond to inquiries from the "City" of concerning data
requests.
18. "ACSI" agrees to hold the "City", its officers, its agents, its department heads, its
employees harmless from and claims resulting from the unlawful disclosure of the use of
the data protection under State and Federal laws.
19. "ACSI" agrees to abide by the requirements and regulations of the Americans with
Disabilities Act 1990 (ADA) the Human Rights Act (Minnesota Chapters 363 and Title VII
of the Civil Rights Act of 1964). These laws deal with discrimination based on race,
gender, disability, religion, sexual preference, and sexual harassment. Violation of any of
the above laws can lead to termination of this agreement.
February 11, 2008, City Council Meeting 23
20. Either party, hereto, may cancel this contract after Thirty (30) days written notice, thereof,
to the other party.
21. Notices pursuant to this contract shall be given by deposit in the United States Mail,
postage prepaid, addressed as follows:
a. To "ACSI": Mr. Richard L. Ruzicka, PRESIDENT
Animal Control Services, Inc.
6400 Colfax Ave. N.
Brooklyn Center, MN 55430
b. To "City": City of Maplewood
1830 County Road B East
Maplewood, MN 55109
Alternatively, notices required by this contract may be personally delivered to the person's named
above. Notice shall be deemed given as of the date of personal service or as of the date of
deposit of the notice in the United States Mail.
IN THE PRESENCE OF: ANIMAL CONTROL SERVICES, INC.
DATE:
IN THE PRESSENCE OF: CITY OF MAPLEWOOD
BY:
DATE:
Seconded by Councilmember Rossbach.
The motion passed.
6. Approval of Medical Direction Agreement.
Ayes — Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Nom— Councilmember Hjelle
Councilmember Juenemann moved to approve the Medical Direction Agreement.
February 11, 2008, City Council Meeting 24
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Seconded by Councilmember Rossbach. Ayes — Mayor Longrie
Councilmembers Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
The motion passed.
7. Approve Entering Into Contract For Residential Sanitary Sewer Cleaning And Television
Services For 2008 City Improvement Projects.
a. Civil Engineer, Michael Thompson answered questions of the council.
b. Public Works Director, Chuck AN answered questions of the council.
February 11, 2008, City Council Meeting 37
Councilmember Nephew moved to approve Entering Into Contract For Residential Sanitary
Sewer Cleaning And Television Services For 2008 City Improvement Projects.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
8. Cottagewood Utility Improvement, City Project 06-10, Resolution For Modification Of
Existing Construction Contract, Change Order No. 3.
a. Civil Engineer, Michael Thompson answered questions of the council.
Mayor Longrie moved to approve the Cottagewood Utility Improvement, City Project 06-10,
Resolution For Modification Of Existing Construction Contract, Change Order No. 3.
RESOLUTION 08-02-018
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 06-10, CHANGE ORDER 3
WHEREAS, the City Council of Maplewood, Minnesota has previously ordered
Improvement Project 06-10, Change Order No. 2, Cottagewood Public Improvements, and has
previously approved a construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 06-10, Change Order No. 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA THIS 11th DAY OF FEBRUARY, 2008 that:
The mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 3 in the amount of $5,337.65. The
revised contract amount is $169,342.39.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
9. Ferndale Geranium Area Street Improvements, City Project 07-14, Resolution For
Modification of Existing Construction Contract, Change Order No. 2.
a. Civil Engineer, Michael Thompson answered questions of the council.
Councilmember Nephew moved to approve the Ferndale Geranium Area Street Improvements,
City Project 07-14, Resolution For Modification of Existing Construction Contract, Change Order
No. 2.
February 11, 2008, City Council Meeting 38
RESOLUTION 08-02-019
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 07-14, CHANGE ORDER NO. 2
WHEREAS, the City Council of Maplewood, Minnesota has previously ordered
Improvement Project 07-14, Change Order No. 1, Ferndale Geranium Area Street Improvements,
and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 07-14, Change Order No. 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that:
1. The mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 2 in the amount of $72,404.76. The revised
contract amount is $1,627,627.62.
Seconded by Councilmember Juenemann.
10.2008 Pay Rate For Temporary EMC Coordinator.
Ayes — Councilmembers Juenemann,
Nephew & Rossbach
Nay — Mayor Longrie
& Councilmember Hjelle
Councilmember Juenemann moved to approve the 2008 Pay Rate For Temporary EMC
Coordinator of $45 per hour while Mr. Pretchel assists the Maplewood Fire Department through
this transition. This pay rate would be effective retroactive to 1/22/08, which is when Mr. Pretchel
resigned his full-time position with the City.
Seconded by Councilmember Rossbach.
The motion passed.
Ayes — Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
11. Authorization To Expand Budgeted Funds, HLB Tautges Redpath, LTD.
Councilmember Juenemann moved to approve the Authorization To Expand Budgeted Funds,
HLB Tautges Redpath, LTD. The cost of $7,000 was budgeted for 2008 to cover payment for this
expense.
Seconded by Councilmember Rossbach.
Ayes — Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
February 11, 2008, City Council Meeting 39
The motion passed.
12. Authorization to Enter Agreement for Training Provided By Tyler Technologies for Eden
Finance Software.
Councilmember Juenemann moved to approve the Authorization to Enter Agreement for Training
Provided By Tyler Technologies for Eden Finance Software. The estimated cost is $6,000 which
was included in the Finance Department Budaet.
Seconded by Councilmember Rossbach.
The motion passed.
J. AWARD OF BIDS
1. Station One Sleeping Quarters.
Ayes —Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Nom— Councilmember Hjelle
a. Maplewood Fire Chief, Steve Lukin presented the report and answered questions of
the council.
Councilmember Nephew moved to table the action on the proposed improvements at both fire
stations for 2 weeks in order for staff to calculate where the funds would come from to pay for this
remodeling project.
Seconded by Councilmember Rossbach
The motion failed.
Ayes — Mayor Longrie &
Councilmember Rossbach
Nays _ Councilmembers Hjelle,
Juenemann & Nephew
Councilmember Nephew moved to approve the expenditures not to exceed $55,350 for the
remodeling and furnishings at both stations one and two for the proposed construction and
awarded the bid to L.S. Black Construction in the amount of $45,500.
Seconded by Councilmember Juenemann. Ayes —All Councilmembers
The motion passed.
Nay — Mayor Longrie
February 11, 2008, City Council Meeting 40
2. Ambulance Refurbishment.
a. Maplewood Fire Chief, Steve Lukin presented the report.
Councilmember Juenemann moved to approve entering into a purchase agreement with Road
Rescue to refurbish and remount our 1999 Road Rescue ambulance replacing the refurbished
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
February 11, 2008, City Council Meeting 41
3. Community Center Strength and Cardio Equipment.
a. Citizen Services Manager, Karen Guilfoile presented the report.
Councilmember Hjelle moved to approve the bid Nautilus Equipment for $69,839.13. The
purchase of the equipment will be funded from the Community Center Funds.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
K. UNFINISHED BUSINESS
1. Clarify the Intent of Motion Made By Council Member Juenemann at the January 14,
2008, City Council Meeting Regarding Placing Mr. Copeland on Immediate
Administrative Leave.
a. City Attorney, Alan Kantrud answered questions of the council.
b. Acting City Manager, Chuck Ahl, answered questions of the council.
Councilmember Nephew moved that Mr. Copeland be changed from paid Administrative Leave to
unpaid Administrative Leave pursuant to Minnesota Statute.
The motion failed for a lack of a second motion.
Councilmember Juenemann moved to clarify that it was the council's intent to pay Greg Copeland
while he is on Administrative Leave.
Seconded by Councilmember Nephew.
The motion passed.
Ayes — Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
Councilmember Hjelle moved to extend the council meeting. The remainder of the council
meeting shall include agenda items K2, K3, K3a, L1, L2, and L3. along with a five minute recess.
Agenda items L4, L5, L6, LT M1, M2, M3, and N1. will carry over onto the next city council
meeting on February 25, 2008.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
Council took a 5 minute recess at 11:10 p.m.
The council reconvened at 11:15 p.m.
February 11, 2008, City Council Meeting 42
2. Sign Moratorium — Dynamic Display Signs — Second Reading.
a. Planner, Ken Roberts presented the report.
b. Planning Commissioner, Gary Pearson, 1209 Antelope Way, Maplewood, addressed
the council and gave the planning commission report on this item.
Councilmember Nephew moved to approve the ordinance that places a moratorium on the
construction or installation of dynamic display signs (both on-site and off-site) to allow time for the
city to prepare, study, and adopt at dynamic display sign ordinance. This moratorium would
include the on-site dynamic display sign at the Maplewood Community Center. The moratorium
recommends a period of six months or until the city council adopts a dynamic display sign code.
ORDINANCE NO. 885
AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS
AND DEVELOPING STANDARDS FOR DYNAMIC DISPLAY SIGNS IN THE CITY OF
MAPLEWOOD
The Maplewood City Council ordains:
SECTION 1. PURPOSE
a. The purpose of this ordinance is to protect the health, safety, and welfare of the citizens.
b. A dynamic display sign is defined as any sign designed for outdoor use which is capable of
displaying a video signal, including, but not limited to, cathode-ray tubes (CRTs), light -emitting diode
(LED) displays, plasma displays, liquid -crystal displays (LCDs), other technologies used in
commercially available televisions or computer monitors.
C. There are within the City three off-site (billboard) dynamic display advertising sign faces. Two
of these signs are regulated by separate agreement with the City and one has been the subject of
ongoing negotiations with the City.
d. There is one on-site dynamic display sign contemplated at a location along White Bear
Avenue near the Maplewood Community Center. This sign was part of a settlement agreement
approved by the city council in October 2007 in relation to the above-mentioned billboard dynamic
display signs.
e. There also are several other on-site dynamic display sign faces in operation in Maplewood
that fall within the current City -allowed exceptions/guidelines to the general prohibition on such signs.
f. The Maplewood City Council is concerned about the effects of dynamic display signs upon
the traveling public. Such signs pose a potential hazard to the traveling public by the use of bright
colorful lights and changing messages. These attention -getting and eye-catching signs may threaten
the safety of motorists, cyclists, pedestrians and other users of public streets and property by
unnecessarily diverting motor vehicle drivers' and others' attention away from the road. There are
research studies that show the presence of such signs can result in an increase in motor vehicle or
other accidents. Persons have contacted city officials complaining about these signs and the
distraction they pose to the traveling public who may take their eyes off the road to watch the colorful
lights and changing messages.
February 11, 2008, City Council Meeting 43
SECTION 2. Study
a. The City Council has authorized a study by the City Manager's Office, the City Attorney's
Office, and the Planning Department and other authorized bodies of the City, e.g. the Community
Design and Review Board and the Planning Commission, for the purpose of considering the
amendment or adoption of official controls relating to the need for additional land use regulations
addressing dynamic display signs before any further proliferation of such advertising schemes.
b. The City Council is concerned that the further placement of any dynamic display signs during
the above-mentioned study may compromise the results of that study and they could harm the
public's health, welfare and safety.
C. Minnesota Statutes, Section 462.355, Subd. 4, authorizes the City to adopt interim zoning
ordinances applicable to all or a part of the City for protecting the health, safety, and welfare of its
citizens. Such an ordinance may regulate, restrict or prohibit any use or development within the City
for a maximum period not to exceed one year, with a possible extension up to an additional period of
18 months.
d. It is hereby found and determined by the City Council that it is in the best interest of the
sound, aesthetic and efficient development of the City as a whole, and in the public's health, safety
and welfare interests, that the City use the authority granted by the above-mentioned Minnesota
Statute in conjunction with the above -authorized study.
e. The City hereby prohibits the issuance or approval of any zoning certificate, sign permit,
building permit or other land use official control for any dynamic display sign in the City of
Maplewood.
SECTION 3. ENFORCEMENT
Sections 1-1 through 1-25 of the Maplewood City Code of Ordinances, entitled Enforcement Policy,
are hereby adopted in their entirety by reference as though repeated verbatim.
SECTION 4. TERM
The term of this ordinance shall be for six months or until the city council adopts
amendments to the city's sign code because of the study. However, the City reserves the right to
extend the interim ordinance for such additional periods as may be appropriate, not to exceed a total
additional period of 18 months.
This ordinance shall take effect after the city publishes it in the official newspaper.
The Maplewood City Council approved this ordinance on February 11, 2008.
Attest:
City Clerk
Mayor
February 11, 2008, City Council Meeting
Seconded by Councilmember Rossbach.
The motion passed.
Ayes — Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
Councilmember Nephew moved approval of the Second Reading of the Dynamic Display Sign
Ordinance.
Seconded by Councilmember Rossbach.
The motion passed.
Ayes — Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
Councilmember Nephew moved to allow item L1. Conditional Use Permit — Hydrologic (1261
Highway 36 East) to be heard ahead of item K3. due to the late hour and for the people waiting in
the audience.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
L. NEW BUSINESS
1. Conditional Use Permit — Hydrologic (1261 Highway 36 East).
a. Planner, Ken Roberts presented the report.
b. Planning Commissioner, Gary Pearson gave the planning commission report.
C. Mitch Keogh, Hydrologic, 1261 Highway 36 East, Maplewood addressed the
council.
Councilmember Hjelle moved to approve the Conditional Use Permit Resolution for Hydrologic
(1261 Highway 36 East
CONDITIONAL USE PERMIT RESOLUTION 08-02-020
WHEREAS, Mitch Keogh, representing Hydrologic, is requesting city -approval of a
conditional use permit to add an outdoor storage area on the northwest part of the property at
1261 Highway 36 East. The legal description is:
Clifton Addition, Ramsey County, subject to Highway; except the east 353 feet of Block
24, except the south 100 feet thereof; except the north 40 feet; part of Blocks 19 and 24 which lie
east of a line described as beginning 658 feet west of the NE corner of Block 24, the south 240
feet, then east 36.67 feet, then south to the south line of Block 19 and there terminating. (PIN 09-
29-22-41-0026)
February 11, 2008, City Council Meeting 45
WHEREAS, the history of this conditional use permit revision is as follows:
On January 15, 2008, the planning commission held a public hearing. The city staff
published a notice in the paper and sent notices to the surrounding property owners. The
planning commission gave persons at the hearing a chance to speak and present written
statements. The commission also considered reports and recommendations of the city staff.
The planning commission recommended that the city council approve the conditional use
permit.
2. On February 11, 2008, the city council discussed the proposed conditional use permit. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described conditional use permit revision, because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any
person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or
other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction and activities on the site shall follow the site and project plans as approved by
the city. City staff may approve minor changes to these plans and the city council must
approve major changes to the approved plans.
2. The fence design and the slats in the fence shall provide 100 percent screening of the
materials inside the enclosure.
February 11, 2008, City Council Meeting 46
3. Any fence over six feet tall requires a building permit issued by the city. The city building
official will require the submittal of a structural plan for the proposed fence approved by a
registered engineer with the building permit materials.
4. HydroLogic shall store all their materials and supplies in the fenced storage area or within the
building. There shall be no storage visible above the top of the fence.
5. The proposed fence and storage area shall not alter the existing drainage patterns or
obstruct surface run off from flowing into the existing drainage inlets within the parking lot.
6. HydroLogic shall store all their materials and supplies in the fenced storage area or within
the building.
7. The proposed outdoor storage area and site work must be substantially started within one
year of council approval or the permit shall become null and void. The council may extend
this deadline for one year.
8. The city council shall review this permit in one year.
The Maplewood City Council approved this resolution on February 11, 2008.
Seconded by Mayor Longrie. Ayes — All
The motion passed.
(Agenda Item heard out of order)
K3. Council Discussion of Charges and Notice of Public Hearing Pursuant to MN
Statute 412.641, Subd. 1 b. — Removal of City Manager, Greg Copeland.
a. City Attorney, Alan Kantrud introduced the item and read the resolution aloud to close
the city council meeting for this agenda item.
Councilmember Nephew moved to approve the resolution closing the council meeting pursuant to
Minn. Stat. § 13D.05, subd. 3(b). The opposing party in the threatened litigation is Greg
Copeland.
RESOLUTION 08-02-021
CLOSING COUNCIL MEETING
WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b), states
that "meetings may be closed if the closure is expressly authorized by statute or permitted by the
attorney-client privilege"; and
WHEREAS, the City Council seeks to meet with its attorneys to discuss the exchange of
settlement proposals and to obtain advice regarding threatened litigation over a personnel
decision made by the City Council.
February 11, 2008, City Council Meeting 47
WHEREAS, it would be detrimental to the interests of the City for the City Council to hold
a public discussion with its attorneys regarding its settlement position where an opposing party or
opposing attorney could listen to or be made aware of the City's positions; and
WHEREAS, it is in the best interest of the City for the City Council to obtain legal advice in
a confidential setting to maintain the attorney-client privilege;
BE IT RESOLVED by the City Council of the City of Maplewood, as follows:
The City hereby closes this meeting based upon the attorney-client privilege pursuant to
Minn. Stat. § 13D.05, subd. 3(b);
2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the
settlement proposals exchanged, the City's possible responses to the settlement
proposals exchanged, the City's possible responses to the settlement proposal, the
strengths and weaknesses of the City's case, and defense strategy in the event that the
threatened litigation occurs.
The motion for the adoption of the foregoing Resolution was duly seconded by
Councilmember Rossbach and upon a vote being taken thereon, the following voted in
favor thereof: Ayes — 5
Nays — 0
Whereupon said Resolution was declared duly passed and adopted.
Seconded by Councilmember Rossbach.
Ayes - All
The council closed the council meeting to discuss item K3.
The council opened the council meeting back up for the remainder of the agenda items.
After the council reopened the meeting, Councilmember Hjelle made a motion to direct staff to
call a special meeting on February 19, 2008 at 5:00 p.m.
Seconded by Councilmember Nephew.
The motion passed.
Ayes — Councilmembers Hjelle,
Juenemann, Nephew,
& Rossbach
Nay — Mayor Longrie
2. Hazelwood Street Improvements, City Project 07-25.
a. Resolution Accepting Preliminary Report and Calling Public Hearing for February
25, 2008.
b. Resolution Authorizing Preparation of Plans and Specifications.
C. Public Works Director, Chuck AN presented the report.
February 11, 2008, City Council Meeting 48
Councilmember Juenemann moved to approve the resolution accepting the he report, authorizing
preparation of plans and specifications, and calling for a public hearing for 7:00 p.m. Monday,
February 25, 2008, for the Hazelwood Street Improvements, City Project 07-25.
RESOLUTION 08-02-022
ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS,
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 engineering consultant with reference to the improvement of
Hazelwood Street Improvements, City Project 07-25, and this report was received by the council
on February 11 th, 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,
MINNESOTA:
The council will consider the improvement of such street 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 $2,352,000.
2. The city's consultant, Kimley-Horn and Associates, is the designated engineer for this
improvement and is hereby directed to prepare final plans and specifications for the
making of said improvement.
3. The finance director is hereby authorized to make the financial transfers necessary for the
preparation of plans and specifications. A project budget of $2,352,000 shall be
established. The proposed financing plan is as follows:
Financing Source
Amount
Bonds-M.S.A.
$ 1,701,902
(72%)
Street Assessments:
$
424,189
(18%)
Storm Assessments:
$
8,909
(1%)
Sanitary Sewer Utility Fund:
$
91,000
(3%)
Driveway Replacement Program:
$
30,000
(1%)
SPRWS:
$
40,000
(2%)
WAC Fund:
$
40,000
(2%)
Comforts of Home Sidewalk Escrow:
$
16,000
(1%)
Total Financing Amount:
$ 2,352,000
(100%)
4. A public hearing shall be held on such proposed improvement on the 25th day of February,
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.
Approved this 11th day of February 2008
February 11, 2008, City Council Meeting 49
Seconded by Councilmember Hjelle. Ayes —All Councilmembers
Nom— Mayor Longrie
The motion passed.
3. Sterling Street Improvements, Authorized under City Project 07-19
a. Resolution Removing Sterling Street (Larpenteur to Holloway) from the Myrtle -
Idaho Area Street Improvements and establishing Sterling Street Improvements,
City Project 07-32.
b. Resolution Accepting Preliminary Report and Calling Public Hearing for February
25, 2008.
C. Public Works Director, Chuck AN presented the report.
Councilmember Hjelle moved to approve the resolution removing Sterling Street from the Myrtle -
Idaho Improvement Project, City Project 07-19, establishing the Sterling Street Improvement
Project, City Project 07-32.
RESOLUTION 08-02-023
APPROVING THE REMOVAL OF STERLING STREET FROM CITY PROJECT 07-19
AND APPROVING THE ESTABLISHMENT OF CITY PROJECT 07-32
WHEREAS, it has been determined that Sterling Street, from Larpenteur Avenue to
Holloway Avenue, should be removed from the scope of the Myrtle -Idaho Area Street
Improvements, City Project 07-19, and be established as Sterling Street Improvements, City
Project 07-32.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. That Sterling Street, from Larpenteur Avenue to Holloway Avenue, is removed from the
scope of the Myrtle -Idaho Area Street Project, City Project 07-19.
2. That Sterling Street, from Larpenteur Avenue to Holloway Avenue, is hereby established
as the Sterling Street Improvements, City Project 07-32.
Approved this 11th day of February 2008
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
February 11, 2008, City Council Meeting 50
Councilmember Hjelle moved to approve the Resolution Accepting Preliminary Report and
Calling Public Hearing for February 25, 2008 for the Sterling Street Improvements, City Project
07-32 _
RESOLUTION 08-02-024
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 engineering consultant with reference to the improvement of Sterling
Street from Larpenteur Avenue to Holloway Avenue, and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible, and
WHEREAS, said portion of Sterling Street was subsequently designated as the Sterling
Street Improvement Project, City Project 07-32.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The council will consider the Sterling Street 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
$1,288,933.
2. A public hearing shall be held on such proposed improvement on the 25th day of
February, 2008 in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed
and published notice of such hearing and improvement as required by law.
Approved this 11th day of February 2008
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
The remainder of the council meetin_a, items L4, L5, L6, LT M1, M2, M3,
and N1, will be heard at the next city council meetin_a on February 25,
2008.
4. Community Design Review Board 2007 Annual Report
5. Visitor Presentation Discussion
6. Citizen Committee for Ordinance Review.
7. Budget Modifications — Revisions to Management Structure and Creation of Assistant
City Manager/Community Development Director Position.
M. COUNCIL PRESENTATIONS
1. Caucus/Election Judges
2. Metro Transit
3. 10 Most Wanted
February 11, 2008, City Council Meeting 51
N. ADMINSTRATIVE PRESENTATIONS
Absentee Ballot Question — Karen Guilfoile
O. ADJOURNMENT
Mayor Longrie adjourned the meeting at 1:03 a.m. February 12, 2008.
February 11, 2008, City Council Meeting 52
Member ���-Q�✓
and moved its adoption:
K 3-
introduced the following Resolution
RESOLUTION CLOSING COUNCIL MEETING
WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b),
states that "meetings may be closed if the closure is expressly authorized by statute or
permitted by the attorney-client privilege"; and
WHEREAS, the City Council seeks to meet with its attorneys to discuss
the exchange of settlement proposals and to obtain advice regarding threatened
litigation over a personnel decision made by the City Council;
WHEREAS, it would be detrimental to the interests of the City for the City
Council to hold a public discussion with its attorneys regarding its settlement position
where an opposing party or opposing attorney could listen to or be made aware of the
City's positions; and
WHEREAS, it is in the best interest of the City for the City Council to obtain legal
advice in a confidential setting to maintain the attorney-client privilege;
BE IT RESOLVED by the City Council of the City of Maplewood, as follows:
The City hereby closes this meeting based upon the attorney-client
privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b);
2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01,
subd. 3, are the settlement proposals exchanged, the City's possible
responses to the settlement proposal, the strengths and weaknesses of the
City's case, and defense strategy in the event that the threatened litigation
occurs.
The motion for the adoption of the foregoing Resolution was duly seconded by
` -w }6,xc L and upon a vote being taken thereon, the following
voted in favor thereof:
�O
and the following voted against the same:
Whereupon said Resolution was declared duly passed and adopted.
RRM# 115139