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HomeMy WebLinkAbout10-22-20070 C. Q E. MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, October 22, 2007 Council Chambers, City Hall Meeting No. 19 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 Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA M9. Rush Line Corridor (requested by Councilmember Rossbach) M10. Manager Review Process (requested by Councilmember Rossbach) M11. Development Conference (requested by Mayor Longrie) M6. - M.8 Mayor Longrie requested removing them from the agenda. Councilmember Hjelle requested to remove M4. from the agenda. Councilmember Cave moved to approve the agenda as amended. Seconded by Mayor Longrie. APPROVAL OF MINUTES Ayes — All Councilmember Cave moved to approve the October 8, 2007, 4:00 p.m. Council Manager Workshop minutes. Seconded by Councilmember Hjelle. Ayes — All Approval of the October 8, 2007, 5:00 p.m. Council Manager Workshop Minutes. Councilmember Juenemann stated that during the Inspections, Planning, and Building Operations presentation, the only speakers were Building Official, Dave Fisher and Code Enforcement Officer, Michael Samuelson. Councilmember Juenemann moved to approve the October 8, 2007, 5:00 p.m. Council Manager Workshop minutes as amended. Seconded by Councilmember Hjelle. Ayes — All October 22, 2007, City Council Meeting Councilmember Cave moved to approve the October 8, 2007, 7:00 p.m. City Council Meeting minutes. Seconded by Councilmember Hjelle. Ayes - All Councilmember Hjelle moved to approve the October 15, 2007, 4:00 p.m. City Council Manager Workshop minutes. Seconded by Councilmember Juenemann. Ayes — All F. VISITOR PRESENTATIONS Members of the City Council stated that at a previous council meeting the council recommended the Agenda order should be changed to have Public Hearings before Visitor Presentations. Tonight the Agenda is not in the correct order and that even though the Agenda has been approved this evening, future Agendas should follow the new order. Elizabeth Sletten, 2747 Clarence Street North, Maplewood, addressed the council. Ms. Sletten spoke regarding a special request that she had made to add an item to the Agenda for the October 22, 2007, City Council Meeting. (Ms. Sletten was referring to Agenda item N1. that City Attorney, Alan Kantrud would be discussing this evening.) (Mayor Longrie indicated that this request was not received until October 22, 2007. Mayor Longrie said she arrived at City Hall only a few minutes before 5:00 p.m. this evening and she hadn't had a chance to read the information. Mayor Longrie indicated the timeline that needs to be followed when requesting an item be added to the agenda for a Council Meeting.) 2. Veronica Sletten, 2727 Clarence Street North, Maplewood, addressed the council. She thanked the Maplewood Police department for following through with the violence concerns that the neighborhood has had in her neighborhood. She stated that even with the additional Maplewood Police surveillance the neighbor did have his garage windows broken into and cars are still driving through the neighborhood without their lights on. Ms. Sletten also stated that her daughter received a death threat over the telephone and she was concerned that the Maplewood Police department hadn't contacted her daughter regarding this. G. APPOINTMENTS/PRESENTATIONS 1. Presentation on City of Maplewood Prosecution Services — H. Alan Kantrud, City Attorney. Mr. Kantrud gave a presentation and presented the city council with a handout. 2. Appointment of Members for the Parks, Trails and Open Space Task Force. a. City Manager, Greg Copeland gave a report. b. Councilmember Rossbach asked Mr. Copeland for a list of the members. October 22, 2007, City Council Meeting 2 3. Maplewood Veterans Honor Roll of Service — Dedication and Celebration of November 3, 2007, Karen Guilfoile, Citizen Services Manager. a. Citizen Services Manager, Karen Guilfoile gave a short presentation. Ms. Guilfoile invited the public to attend the Dedication and Celebration at Maplewood City Hall on November 3, 2007, at 12:00 p.m. for cake and refreshments. H. PUBLIC HEARINGS Mogren Street Improvements, City Project 06-17 a. Assessment Hearing 7:00 p.m. b. Resolution Adopting Assessment Roll C. Public Works Director, Chuck AN gave the presentation. Mayor Longrie asked if anyone wanted to speak regarding this item. Bob Zick, 2515 White Bear Avenue, Maplewood. Mayor Longrie closed the public hearing. Councilmember Juenemann moved to approve the Resolution for the Adoption of the Assessment Roll for the Mogren Street improvement Project. City Project, 06-17. RESOLUTION 07-10-179 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on September 241H 2007, calling for a Public Hearing, the assessment roll for the Mogren Street Improvements, City Project 06-17, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Such assessments shall be payable in equal annual installments extending over a period of 8 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 2. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 21 St, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 21 St, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 21" or interest will be charged through December 31 of the next succeeding year. October 22, 2007, City Council Meeting 3 3. The city engineer and city clerk shall forthwith after November 21 ", 2007, but no later than November 21 ", 2007, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 22nd day of October 2007. Seconded by Councilmember Hjelle. Ayes — All CONSENT AGENDA Councilmember Hjelle moved to approve items 1, 2,3,5,6, and 9-12. Seconded by Councilmember Juenemann. Ayes — All 2. Councilmember Juenemann moved to approve item 4. Seconded by Councilmember Hjelle. Ayes — All 3. Mayor Longrie moved to table item 7 until staff has the opportunity to look at other fundin options such as researching grant money through Kaboom or working with the Parks Commission regarding this his play rog and project. The motion died for lack of a second. Councilmember Rossbach moved to approve item 7. Councilmember Cave made a friendly amendment that the city should research grants to assist with paying for the playground equipment. Seconded by Councilmember Cave. Ayes — All 4. Councilmember Juenemann moved to approve item 8. Seconded by Councilmember Hjelle. Ayes — All October 22, 2007, City Council Meeting 4 1. Approval of Claims ACCOUNTS PAYABLE: $ 576,767.05 $ 563,957.16 $ 1,789,584.51 $ 296,038.77 Checks #73734 thru #73812 Dated 10/02/07 thru 10/09/07 Disbursements via debits to checking account Dated 09/28/07 thru 10/04/07 Checks #73813 thru #73859 Dated 10/10/07 thru 10/16/07 Disbursements via debits to checking account Dated 10/05/07 thru 10/11/07 $ 3,226,347.49 Total Accounts Payable PAYROLL $ 446,184.76 Payroll Checks and Direct Deposits dated 10/05/07 $ 2,624.27 Payroll Deduction check #1003333 thru #1003335 dated 10/05/07 $ 448,809.03 Total Payroll $ 3675,156.52 GRAND TOTAL 2. Conditional Use Permit Review — 2625 Larpenteur Avenue East. Councilmember Hjelle moved to approve the Conditional Use Permit for Hill -Murray High School at 2625 Larpenteur Avenue again only if a problem arises or if the owner proposes a significant change to the site or to the school. Seconded by Councilmember Juenemann. Ayes —All 3. Annual Renewal of Currency Exchange for Cashway Checking at 3035 White Bear Avenue. Councilmember Hjelle moved to approve the Annual Renewal License for Cashway Checking at 3035 White Bear Avenue. Seconded by Councilmember Juenemann. Ayes — All 4. Donation to Police Department from Residential Mortgage Group. Councilmember Juenemann moved to approve receiving the Donation of $100 to the Police Department from the Residential Mortgage Group. Seconded by Councilmember Hjelle. Ayes — All October 22, 2007, City Council Meeting 5 5. Consider Approval of 2008 SCORE Funding Grant Application. Councilmember Hjelle moved to approve the 2008 SCORE Funding Grant Application in the amount of $74,613. Seconded by Councilmember Juenemann. Ayes — All 6. Award Contract for 2007-2008 Winter Sand. Councilmember Hjelle moved to approve the quote from Aggregate Industries and Authorize the Street Superintendent to Purchase, as needed, not to exceed 2,800 tons of sand at a cost not to exceed $24,892.00. Seconded by Councilmember Juenemann. Ayes — All 7. Legacy Village Tot Lot, Approval to Purchase Equipment. a. Public Works Director, Chuck AN answered questions of the council. Mayor Longrie moved to table the purchase of playground equipment until staff has the opportunity to look at other funding options such as researching_ grant money through Kaboom or working with the Parks Commission regarding rding this playground project. The motion died for lack of a second. Councilmember Rossbach moved to approve the purchase of playground equipment and benches for the Legacy Village Tot Lot with funding from the Legacy Village Park Development Fund 433. Councilmember Cave made a friendly amendment that the city should research grants to assist with paying for the playground equipment. Mayor Longrie noticed a resident wanted to speak after the motion had already been made and invited the resident to come forward. Leslie Lane, 1602 Woodlyn Avenue, Maplewood, addressed the council. She said the residents in this area are in favor of having a dog park. Seconded by Councilmember Cave. Ayes —All 8. Rainbow Foods/Maple Ridge Driveway, City Project 07-03. a. Report on Cost of Work Done by Day Labor b. Resolution Accepting Work C. Public Works Director, Chuck AN gave a short presentation and answered questions of the council. October 22, 2007, City Council Meeting 6 Councilmember Juenemann moved to approve the Resolution for the Work to be done by Day Labor for Rainbow Foods/Maple Ridge Driveway, City Project 07-03. RESOLUTION 07-10-180 ACCEPTING WORK WHEREAS, pursuant to resolution of the council adopted June 25th, 2007, ordering the public improvement of the Rainbow Foods / Maple Ridge Driveway, City Staff has satisfactorily completed the improvement in accordance with the approved plans and specifications, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA the work completed under said contract is hereby accepted and approved, and, BE IT FURTHER RESOLVED that the council authorize the Finance department to make the fund transfers necessary for reimbursement of labor and materials done by Public Works staff. Seconded by Councilmember Hjelle. Ayes — All 9. Mogren Street Improvements, City Project 06-17, Approval of Easement with BP Pipelines and Easement for Trail over Pipeline. Councilmember Hjelle moved to approve the easement agreements (2) with BP Pipelines for the Pipeline Relocation as part of the County Road D project and for Legacy Trail Extension for the Mogren Street project and authorize the Mayor and City Manager to execute said agreements. BP File 4000 - 1582 RIGHT OF WAY EASEMENT STATE OF MINNESOTA § COUNTY OF RAMSEY § FOR AND IN THE FULL CONSIDERATION of the sum of Ten Dollars ($10.00) and other valuable consideration, in hand paid to the CITY OF MAPLEWOOD, Minnesota, hereinafter called (Grantor), whose mailing address is 1830 East County Road B, Maplewood, Minnesota 55109, hereby grants, sells and conveys to BP PRODUCTS NORTH AMERICA INC., a Maryland corporation, with offices located at 28100 Torch Parkway, MC 607E, Warrenville, Illinois 60555, its successors and assigns, hereinafter called (Grantee) an Easement 50 feet in width for the purpose, from time to time, of constructing, operating, inspecting, maintaining, protecting, marking, repairing, replacing, changing the size of, and removing a pipeline or pipelines, and appurtenances, equipment, and facilities useful or incidental to or for the operation or protection October 22, 2007, City Council Meeting 7 thereof, for the transportation of oil, gases, liquids, solids, or any mixtures thereof, hereinafter called (Pipeline Facilities), on, over and through the following described land located in the Northeast Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 22 West, Ramsey County, Minnesota. Said 50 foot Easement strip is more particularly described in Exhibit A attached hereto and hereby made a part hereof as though fully set forth herein. Together with the right of unimpaired access to said pipeline or pipelines, and the right of ingress and egress on, over, and through the above-described land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted hereunder with the further right to maintain the Easement herein granted clear of trees, undergrowth, and brush, without compensation to Grantor, its successors and assigns. Grantor shall have the right to use and enjoy the above-described premises; provided however, Grantor shall not exercise such use and enjoyment in a manner that will impair or interfere with the exercise by Grantee of any of the rights herein granted. Grantor agrees no buildings, streets, driveways, underground pipes, cables, or any other structures shall be executed or created within the limits of the Easement and provided further that Grantor, its heirs, successors, grantees, and assigns, shall not erect or construct, nor permit the erection or construction of any buildings, walls, fences, engineering works, or any other type of structure or structures on, over, under, through, or across said Easement without the express written consent of Grantee, its successors and assigns, hereinafter called (Permitted Facilities). Such consent shall not be unreasonably withheld. If such written consent is given, all costs and expenses of moving, lowering, relocating or encasing Grantee's Pipeline Facilities to accommodate such new streets, driveways, pipes, cables or other structures, shall be borne by the then owners of the Property or such other persons who shall have the right to require such or similar modifications to the Pipeline Facilities. Grantee, its successors, grantees, and assigns shall not be held liable to Grantor, its heirs, successors, grantees, and assigns, for any damage caused to any of the Permitted Facilities constructed across or along the Easement in exercising the Grantee's rights granted herein, and if in the judgment of Grantee, the construction of such Permitted Facilities requires that the pipeline or pipelines located on said strip be altered, lowered, encased, or otherwise protected, the entire cost of such protective measures shall be borne fully by Grantor, its heirs, successors, grantees, and assigns. Grantee shall not be liable for damages caused on the Easement by keeping said Easement clear of trees, undergrowth, brush, structures, or any other obstructions. October 22, 2007, City Council Meeting 8 Grantor shall not reduce, nor allow a third party to reduce the cover over the pipeline at any time. Further, Grantor shall not add, nor allow a third party to add more than two (2) feet of cover over the pipeline, other than for roads or crossings across and over, but not along the length thereof. Such additional cover shall not be added without prior written consent of Grantee. Such consent shall not be unreasonably withheld. The terms, conditions, and provision of this Easement shall extend to and be binding upon the heirs, executors, administrators, grantees, personal representatives, successors and assigns of the parties hereto. The Easement and rights herein granted may be leased or assigned, in whole or in part. TO HAVE AND TO HOLD, said Easement, rights, estates and privileges unto Grantee, its successors and assigns. IN WITNESS WHEREOF, Grantor has executed this instrument this day of .2007. GRANTOR: CITY OF MAPLEWOOD AS CITY, ATTEST: Diana Longrie, Mayor CITY OF MAPLEWOOD AS CITY, ATTEST: Greg Copeland, City Manager October 22, 2007, City Council Meeting 9 ACKNOWLEDGMENT STATE OF MINESOTA § COUNTY OF RAMSEY § This instrument was acknowledged before me this day of 2007, by Diana Longrie as Mayor of the City of Maplewood, Minnesota and Greg Copeland as City Manager of the City of Maplewood, Minnesota, who signed the foregoing Easement Agreement in their capacity of Mayor and Interim City Manager and delivered said document as their own act and deed on behalf of the City of Maplewood, Minnesota. My commission expires: This Document Prepared By, And When Recorded Return to: Brad Krabel, SR/WA BP Products North America Inc. 28100 Torch Parkway, Suite 600 Warrenville, IL 60555 Notary Public, State of Minnesota October 22, 2007, City Council Meeting 10 File: 4000 - 1579 AGREEMENT KNOW ALL MEN BY THESES PRESENTS: WHEREAS, BP Products (North America) Inc., a Maryland corporation whose mailing address is: BP Products (North America) Inc. 28100 Torch Parkway Warrenville, Illinois 60555 (hereinafter called "BP"), is present owner of a right of way and easement, (hereinafter called the "Easement"), over through, under and across part of Section 3, Township 29 North, Range 22 West, Ramsey County, State of Minnesota, granted by a certain instrument dated July 13, 1946, executed by Frank J. Hajicek and Mary Hajicek as grantors, unto Standard Oil Company, and Indiana corporation, it's successors and assigns, as grantee, said Contract being recorded in Book 1233 at Page 29, as Document No. 1135890; and WHEREAS, the Easement was amended and limited to a strip of land (hereinafter called the "Easement Strip") 50 feet in width by an Agreement and Partial Release (hereinafter called the "Defining Agreement") dated February 10, 2004, executed by BP Products (North America) Inc., a Maryland corporation, as grantor, unto Legacy Holdings -MW, LLC, a Minnesota limited liability corporation, it's successors and assigns, as grantee, said Agreement being recorded in the Office of the Registrar of Titles of Ramsey County on July 9, 2004, as Document No. 1825662, and recorded in the Office of the County Recorder of Ramsey County on July 22, 2004, as Document No. 3774796; and WHEREAS, Standard Oil Company, an Indiana corporation, did assign its rights, title and interests in the Easement to the American Oil Company, a Maryland corporation, on December 31, 1960; and WHEREAS, The American Oil Company did change its name to Amoco Oil Company on December 31, 1972; and WHEREAS, Amoco Oil Company did change its name to BP Products North America Inc. on October 1, 2001; and WHEREAS pursuant to the Easement, BP owns, maintains and operates a pipeline with equipment, appurtenances and apparatus therefore, if any (hereinafter collectively called "pipeline") within the Easement Strip; and WHEREAS The City of Maplewood, Minnesota, whose address is: City of Maplewood 1902 County Road B East Maplewood, MN 55109 c/o R. Charles Ahl Director of Public Works/City Engineer October 22, 2007, City Council Meeting 11 (hereinafter called "MAPLEWOOD") has requested BP to consent to the construction of an eight foot wide bituminous path (hereinafter called "Permitted Facilities") within the Easement Strip, as shown on the Engineering drawings by Kimley-Horn and Associates, Inc. for the City of Maplewood, City Project 06-17 Sheets 49 and 50 attached hereto and made a part hereof, and marked as Exhibits A and A-1, and General Location Drawing marked as Exhibit A-2. NOW, THEREFORE, in reliance on the aforesaid representations and its consideration of the premises and the mutual covenants herein contained, notwithstanding any of the provisions of the Easement and Defining Agreement which prohibit such construction within the Easement Strip, BP hereby consents and agrees, insofar as it has the lawful right so to do, to the construction and maintenance of the Permitted Facilities within the Easement Strip, subject to the following terms and conditions; 1) BP has the right to remove portion(s) of the Permitted Facilities as necessary in BP's sole discretion in the exercise of its rights under the Easement and Defining Agreement. After BP has completed any work necessitating the removal of the Permitted Facilities or any portion thereof, MAPLEWOOD shall be responsible for replacing and repairing the Permitted Facilities, BP shall not be responsible for any damage to the Permitted Facilities and MAPLEWOOD releases BP from all costs, losses or damages directly or indirectly arising from BP's removal of portions of the Permitted Facilities. 2) MAPLEWOOD covenants to pay for any and all damages to the Pipeline and appurtenances and to release, indemnify and hold BP harmless from and against any and all loss or liability of any nature (including legal fees and expenses) resulting from injury to or death of any person or persons, damage to property of any person, firm or corporation or fines levied by governmental entities, where such loss, liability, injury, death, damage or fine results from the construction or from any work or acts attributed to MAPLEWOOD, whether or not otherwise permitted hereunder, or from BP's removal of portions of the Permitted Facilities. 3) Except for the Permitted Facilities as provided for in this Agreement, MAPLEWOOD, its successors and assigns shall not build, erect, create or construct, nor permit to be built, erected, created or constructed, any obstruction, building, lake, engineering works, utility or other installations and facilities on, over, under, through or across the Easement Strip. 4) All costs and expenses for constructing, operating, maintaining and removing the Permitted Facilities shall be borne solely by MAPLEWOOD, its successors and assigns. 5) MAPLEWOOD shall not commence with any excavation or construction on or near the Easement Strip without first contacting the local "One -Call" utility locating service at least 48 hours (two working days) prior to initiating any excavation or construction activities so BP can arrange to have a representative present when MAPLEWOOD or its contractor are working in close proximity to the Easement Strip. October 22, 2007, City Council Meeting 12 6) BP may, at it's sole discretion, elect to have a representative on site during MAPLEWOOD's excavation or construction activities in close proximity to BP's Easement Strip and MAPLEWOOD herein acknowledges that BP's representative shall have full authority to stop any of MAPLEWOOD's excavation or construction related activities in close proximity to BP's Easement Strip if BP's representative, in his/her sole discretion, feels MAPLEWOOD's activities could result in damage to BP's pipeline. 7) MAPLEWOOD shall immediately cease work and notify BP if BP's pipeline is struck by any means of earth disturbing equipment so BP can inspect its pipeline, and if required, make all necessary repairs. 8) All notices shall be sent by United States registered or certified mail, return receipt requested, and shall be addressed to the parties at the address first mentioned above or at such other address as the parties may direct. 9) The Easement and Defining Agreement shall remain in full force and affect except as modified and changed by this Agreement. 10) If any one or more of the provisions of this Agreement, or the applicability of any such provisions to a specific situation shall be invalid or unenforceable, the validity and enforceability of all other applications of such provisions shall not be affected. 11) The covenants contained in this Agreement shall constitute covenants running with the land and shall be binding upon and insure to the benefit of the parties hereto, their personal representatives, heirs, successors, and assigns. 12) During installation and future maintenance of the Permitted Facilities within the Easement, MAPLEWOOD hereby agrees to follow the construction practices as defined in the Exhibit B attached hereto and made a part hereof. IN WITNESS WHEREOF, this Agreement has been duly executed, this day of , 2007. BP Products (North America) Inc. City of Maplewood, Minnesota Kathryn G. Donnelly Diana Longrie Attorney in Fact Mayor October 22, 2007, City Council Meeting 13 ACKNOWLEDGMENT STATE OF ILLINOIS SS: COUNTY OF Before me, , a Notary Public in and for said County and State, on this day personally appeared Kathryn G. Donnelly, Attorney in Fact for BP Products (North America) Inc., a Maryland corporation, and acknowledged to me that she executed said instrument for the purposes and consideration therein expressed and as the act of said corporation. Given under my hand and seal of office this day of , 2007. By: Notary Public ACKNOWLEDGMENT STATE OF ) SS: COUNTY OF Before me, , a Notary Public in and for said County and State, on this day personally appeared Diana Longrie, Mayor of the City of Maplewood, Minnesota, and acknowledged to me that she executed said instrument for the purposes and consideration therein expressed and as the act of said City. Given under my hand and seal of office this day of , 2007. By: Notary Public October 22, 2007, City Council Meeting 14 EXHIBIT B Page 1 of 2 Attached to and becoming a part of this Agreement, by and between BP Products (North America) Inc. and the City of Maplewood Excavation Specific Requirements • No excavation or construction activity will be permitted in the vicinity of a pipeline until all appropriate communications have been made with BP's field operations and control center personnel. • There shall be no excavation or backfilling within the pipeline right-of-way for any reason without a representative of BP on site giving permission. • In some instances, excavation and other construction activities around certain pipelines can be conducted safely only when the pipeline operating pressure has been reduced. Contractors are therefore cautioned that excavation which exposes or significantly reduces the cover over a pipeline may have to be delayed until the reduced operating pressures are achieved. General Construction Activities • The contractor shall not be permitted to transport construction materials or equipment longitudinally over the pipeline. • Where it is necessary for construction equipment (i.e. tractors, backhoes, dump trucks etc.) or equipment transporting construction materials to cross the pipeline to gain access to the job site, a crossing shall be constructed at a 90 degree angle to the pipeline and shall consist of a ramp constructed of stone, which shall provide a minimum of seven feet (7") total cover over the pipeline. October 22, 2007, City Council Meeting 15 EXHIBIT B Page 2 of 2 • The ramps shall extend a minimum of ten feet (10') on either side of the pipeline and shall be approved by BP prior to use. Other means of temporary crossing to protect the pipeline may be considered by BP after evaluation and approval by BP engineering. • No track type construction equipment shall be permitted to pivot or turn directly over top of the pipeline. • A scraper or pan type tractor shall not be used for removal of soil within ten feet (10') of the centerline of the pipeline. Rubber tire or small track type equipment is an acceptable alternative. • A sheepsfoot roller shall not be used for compaction purposes within five feet (5') or directly above the centerline of the pipeline. • No vibratory rollers shall be used within three feet (3') of the centerline of the pipeline until the compacted cover over the pipeline has reached a depth of three and one-half feet (3'/2' ). The above comments and stipulations are submitted as general construction requirements to avoid conflict with existing easement rights. BP reserves the right to impose further stipulations or requirements specific to each individual easement or situation. Seconded by Councilmember Juenemann. Ayes — All October 22, 2007, City Council Meeting 16 10. Kenwood Area Street Reconstruction, City Project 05-16. a. Resolution for Modification of the Existing Construction Contract, Change Order No. 13. b. Resolution for Acceptance of Project. Councilmember Hjelle moved to approve the Resolution Directing the Modification of the existing construction for the Kenwood Area Neighborhood Street Improvements, City Project 05-16, Change Order 13 and Resolution for Acceptance of the project. RESOLUTION 07-10-181 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 05-16, CHANGE ORDER NO. 12 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05-16, Kenwood Area Neighborhood 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 05-16, Change Order No. 12. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 13 in the amount of $68,026.22. The revised contract amount is $5,301,569.85 The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $6,296,000.00 shall be established. The proposed financing plan is as follows: FINAL BUDGET WAC FUND $ 128,850.00 SPRWS $ 535,260.00 RWMWD $ 102,440.00 EUF $ 349,350.00 SEWER FUND $ 647,900.00 PRIVATE DRIVEWAYS $ 83,030.00 INTEREST ON INV $ 80,000.00 ASSESSMENTS $ 1,454,620.00 BOND SALE $ 2,614,550.00 TRANSFER FROM PIP $ 300,000.00 TOTAL $ 6,296,000.00 October 22, 2007, City Council Meeting 17 RESOLUTION 07-10-182 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Kenwood Area Street Improvements, City Project 05-16, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 05-16 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Seconded by Councilmember Juenemann. Ayes — All October 22, 2007, City Council Meeting 18 11. Resolution Approving a Housing Plan and Program and Authorizing the Execution of Various Documents in Connection with the Issuance of Multi -Family Housing Revenue Bonds (Woodlynn Village Project). Councilmember Hjelle moved to approve the Resolution Approving a Housing Plan and Program and Authorizing the Execution of Various Documents in Connection with the Issuance of Multi - Family Housing Revenue Bonds (Woodlynn Village Project Extract of Minutes of a Meeting of the City Council of the City of Maplewood, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly held at the City Hall in said City on Monday, the 22nd day of October, 2007, at 7:00 P.M. The following members were present: and the following were absent: Diana Longrie, Mayor Rebecca Cave, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember None Member Juenemann introduced the following resolution and moved its adoption: RESOLUTION 07-10-183 APPROVING A HOUSING PLAN AND PROGRAM AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (WOODLYNN VILLAGE PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member Hjelle and upon vote being taken thereon the following voted in favor thereof: All and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. October 22, 2007, City Council Meeting 19 RESOLUTION 07-10-183 APPROVING A HOUSING PLAN AND PROGRAM AND APPROVING AUTHORIZING EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (WOODLYNN VILLAGE PROJECT) WHEREAS, the City of Maplewood (the "City") has received a proposal from Woodlynn Properties Limited Partnership, a Minnesota limited partnership (the "Borrower"), that the City issue its revenue bonds in an aggregate principal amount not to exceed $5,500,000 to finance the acquisition, renovation and equipping of a low and moderate income senior multifamily housing development to be located in the City (the "Project"); and WHEREAS, the City preliminarily approved the Project on June 11, 2007; and WHEREAS, pursuant to Minnesota Statutes, Section 462C.01 and 462C.03, the City has prepared a housing program (the "Housing Program") in connection with the Project; and WHEREAS, in accordance with Minnesota Statutes, Section 462C.04, subd. 2, the Housing Program has been submitted to the Metropolitan Council for review; and WHEREAS, in accordance with Minnesota Statutes, Sections 462C.01(2) and 462C.04, subd. 2, the City has held a public hearing on July 9, 2007 on the Housing Program and the issuance of revenue bonds of the City to finance the Project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: The Housing Program is hereby approved in substantially the form on file with the City. 2. The Borrower has proposed that the City issue its Multifamily Housing Revenue Bonds (Woodlynn Village Project), Series 2007 in an aggregate principal amount not to exceed $5,500,000 (the "Bonds") to finance the costs of the acquisition and renovation of the Project in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement") among the City, the Borrower and Piper Jaffray & Co. (the "Purchaser"). 3. The Bonds will be issued by the City pursuant to a Trust Indenture dated as of November 1, 2007, (the "Indenture"), executed by the City and Wells Fargo Bank, National Association, Minneapolis, Minnesota (the "Trustee"). The Bonds will be secured by a Mortgage, Assignment of Rents, Security Agreement and Fixture Filing dated as of November 1, 2007, executed by the Borrower in favor of the Issuer and assigned by the Issuer to the Trustee pursuant to an Assignment of Mortgage Documents dated as of November 1, 2007, (the "Assignment of Mortgage"). October 22, 2007, City Council Meeting 20 4. Pursuant to the terms of a proposed Loan Agreement dated as of November 1, 2007 between the City and the Borrower (the "Loan Agreement"), the City will loan the proceeds of the Bonds to the Borrower to finance the Project. The Borrower has agreed, pursuant to a Regulatory Agreement dated as of November 1, 2007, by and among the City, the Borrower and the Trustee (the "Regulatory Agreement") to operate the Project as a "residential rental project" under Section 142(d) of the Internal Revenue Code of 1986, as amended. The Bonds will be offered for resale by the Purchaser pursuant to a Limited Offering Memorandum (the "Offering Memorandum"). The Borrower has agreed, pursuant to a Tax Compliance Agreement dated as of November 1, 2007, by and among the City, the Borrower and the Trustee (the "Tax Compliance Agreement") to take such action as is required of it so that the Bonds are, and to refrain from any action which would cause the Bonds to not be, obligations described in Section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. Forms of the following documents have been submitted to the City Council: (a) The Loan Agreement; (b) The Indenture; (c) The Regulatory Agreement; (d) The Bond Purchase Agreement; (e) Tax Compliance Agreement; and (f) The Assignment of Mortgage. The foregoing documents are hereafter referred to as the "Bond Documents." 6. It is hereby found, determined and declared that: (a) the issuance and sale of the Bonds, the execution and delivery by the City of the Bond Documents and the performance of all covenants and agreements of the City contained in the Bond Documents and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Bond Documents and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (b) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (c) the basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Mortgage and Indenture also provide that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project premises and payable during the term of the Loan Agreement and Indenture; October 22, 2007, City Council Meeting 21 (d) under the provisions of Minnesota Statutes, Chapter 462C and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof, the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premiums thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof, and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 7. The forms of the Bond Documents and exhibits thereto are approved substantially in the form submitted. The Bond Documents, in substantially the forms submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Manager. Any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Bond Documents. 8. The City shall proceed forthwith to issue the Bonds in an aggregate principal amount not to exceed $5,500,000, in the form and upon the terms set forth in the Indenture and at the interest rates set forth therein. The Bonds will be purchased on substantially the terms set forth in the Bond Purchase Agreement and the Indenture which have been submitted to the City in connection with this Resolution. The Mayor and City Manager are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the original purchasers. 9. The Mayor and City Manager and other officers of the City are authorized and directed to prepare and furnish to the Purchaser certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained herein. 10. The City hereby ratifies, confirms and consents to the use of the Offering Memorandum in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Offering Memorandum other than the section therein captioned "The Issuer," and the City takes no responsibility for such information. October 22, 2007, City Council Meeting 22 11. The approval hereby given to the Bond Documents and the various other documents referred to in paragraph 6 above includes approval of (a) such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel and the City officials authorized herein to execute said documents prior to their execution and (b) such additional documents, agreements or certificates as may be necessary and appropriate in connection with the Bond Documents and with the issuance and sale of the Bonds and approved by Bond Counsel and City officials authorized herein to execute said documents prior to their execution; and said City Attorney and City officials are hereby authorized to approve said changes or additional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof and hereof. In the absence (or inability) of the Mayor or City Manager, any of the documents authorized by this resolution to be executed by them may be executed by the Acting Mayor or the Acting City Manager, respectively. Passed: October 22, 2007. Mayor Attest City Clerk STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and City Manager of the City Council of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to the authorization of the issuance of the $5,500,000 Multifamily Housing Revenue Bonds (The Woodlynn Village Project), Series 2007. WITNESS my hand this day of , 2007. City Clerk Seconded by Councilmember Juenemann. Ayes — All October 22, 2007, City Council Meeting 23 12. Church of the Presentation of the Blessed Virgin Mary Gambling Permit Resolution. Councilmember Hjelle moved to approve the Resolution for Temporary Gambling for the Church of the Presentation of the Blessed Virain Marv. RESOLUTION 07-10-184 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood. 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 Juenemann. Ayes - All J. AWARD OF BIDS None. K. UNFINISHED BUSINESS Pay Equity Implementation Report, Chuck Bethel, City Attorney for Labor Relations — Jim Fox, Fox/Lawson and Associates. a. John Greem, gave a short presentation and answered questions of the council. b. Jim Fox, Fox/Lawson and Associates, gave a short presentation and answered questions of the council. Councilmember Hjelle moved to approve the adoption of the new Pay Equity Implementation Report. Seconded by Councilmember Cave. Ayes — All October 22, 2007, City Council Meeting 24 2. Conservation Easements — Authorization to contract with Minnesota Land Trust to Proceed with Implementation on Tier One Sites. a. Public Works Director, Chuck Ahl, gave the presentation and answered questions of the council. Mayor Longrie offered a friendly amendment requiring that there shall not be an exchange of open space property for city parks and that the "no -net policy" shall include that equivalent quality which shall be a minimum requirement of any property exchanges. Councilmember Rossbach moved to approve the proposal from Minnesota's Land Trust in the amount of $55,000 and authorize the initial phase of the work ($15,000) to be paid from PAC proceeds. Staff should investigate and report on funding alternatives for long-term easement enforcement and stewardship ($40,000) and report back to the Council. Staff is directed to pursue other land protection options for those preserves that would not be protected by conservation easements through a process of "no -net loss policy", comprehensive plan policies and ordinance restrictions. With the requirement included in any action that there shall not be an exchange of open space property for city parks and that the "no -net policy" shall include that equivalent quality which shall be a minimum requirement of any property exchanges. Seconded by Councilmember Cave. Ayes — All 3. Proposed Settlement Agreement with Clear Channel Outdoor, Inc. a. City Attorney, Alan Kantrud gave the presentation and answered questions of the council. b. Tom McCarver, Clear Channel Outdoor, Inc., addressed the council and answered questions of the council. C. Senior Planner, Tom Ekstrand answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. Dale Trippler, Planning Commissioner, 1201 Junction Avenue, Maplewood, addressed the council. Mr. Trippler shared his views regarding this item. 2. Bob Zick, 2515 White Bear Avenue, Maplewood, addressed the council and shared his views regarding this item. 3. Dave Schilling, 1955 Greenbrier Street, Maplewood, addressed the council, and shared his views regarding this item. 4. Robert Martin, Planning Commissioner, 2329 Londin Lane, Maplewood, addressed the council and shared his views regarding this item. 5. Joe Walton, Planning Commissioner, 2393 Hazelwood Street, Maplewood, addressed the council, shared his views regarding this item. October 22, 2007, City Council Meeting 25 Councilmember Hjelle moved to approve the Proposed Settlement and that Authority be given to the City Manager to enter into the Agreement with Clear Channel Outdoor, Inc. With the addition of the ten year maintenance agreement and any other agreements that were made before this information was printed. With the understanding that the city council will soon see a resurrection of the proposed sign ordinance amendment that was brought before the council over one near ago. FOR PUBLIC SERVICE MESSAGING AND COMMUNITY CENTER SIGN AGREEMENT AND SETTLEMENT OF ISSUES BY AND BETWEEN CITY OF MAPLEWOOD AND CLEAR CHANNEL OUTDOOR, INC. Agreement made this 22nd day of October, 2007 by and between the City of Maplewood ("City") and Clear Channel Outdoor, Inc., a Delaware corporation ("Clear Channel"). WHEREAS, Clear Channel, Inc. acknowledges that it has erected, constructed or otherwise caused to be operational a "Dynamic Display" sign face (as hereinafter defined) in the City of Maplewood; and: WHEREAS, City staff has indicated to Clear Channel that it believes Clear Channel's dynamic display sign face may be in conflict with a provision of the Maplewood Code; and: WHEREAS, several cities in Minnesota have studied the effect of Clear Channel's installation of so-called "Dynamic Displays" and: WHEREAS, the City of Maplewood has determined that engaging in litigation regarding the employment of these "Dynamic Displays" would be counterproductive based on the experience of other cities similarly situated and which have settled and determined the presence of such "Dynamic Display(s)" do not constitute a problem; and: WHEREAS, the City does hereby commit to amend that portion of the Maplewood Sign (zoning) Code to clarify that off -premise billboards are not prohibited from incorporating a technology that allows sign surfaces to change their sign faces in color or illumination with technology that may include illumination manipulated through digital input or other methods that allow the sign surface to present a series of images or displays that do not blink, flash or flutter but that do, by definition, change in color and/or illumination; signs that will fit the definition of "Dynamic Display(s)" as shall be further -defined; and: WHEREAS, the City is desirous of utilizing Clear Channel's "Dynamic Displays" to display community and public service announcements; and: WHEREAS, Clear Channel is agreeable to displaying community and public service announcements for the City and to further provide the City with a "Galaxy Pro 20mm LED Display" for the Maplewood Community Center at Clear Channel's sole expense and cost as a condition precedent to the City council's approval of a "Dynamic Display" ordinance in conformity with this agreement and respective of Clear Channel's previously activated "Dynamic Display" located at Highwood and 1-494. NOW, THEREFORE, the parties agree as follows: 1. Clear Channel agrees to reserve no less than five (5) hours (2250 eight -second spots) per month per "Dynamic Display" in Maplewood for community and public service announcements, provided that such announcements cannot be resold and cannot be used by or on behalf of any for-profit enterprise. October 22, 2007, City Council Meeting 26 The City shall be solely responsible for the design and development of all advertising copy, which shall be subject to Clear Channel's review and approval. The City must provide Clear Channel reasonable advance notice for any requested announcement. Advertising time not used by the City in any month will be forfeited, and will not carry into another calendar month. Clear Channel shall have discretion to deliver this service on one or any combination of its "Dynamic Displays." The City may delegate to another governmental entity a portion of the time for community and public service announcements, but such delegation shall not make the delegatee a beneficiary of this paragraph or otherwise entitle that entity to bring an action to enforce this paragraph. Such enforcement rights shall at all times remain with the City. Clear Channel's obligations pursuant to this paragraph are contingent upon Clear Channel receiving the permits described in paragraph 3 below. 2. Clear Channel agrees to purchase and install a Galaxy Pro 20mm LED Dynamic Display for the Maplewood Community Center ("Galaxy Pro Sign"). The design and specifications of the Galaxy Pro Sign are attached hereto as Exhibit A. Clear Channel agrees to purchase and install the Galaxy Pro Sign no later than ninety (90) days after Clear Channel's receipt of the permits described in paragraph 3 below. Clear Channel agrees to remove and dispose of the existing City sign located at the Maplewood Community Center. Upon installation of the Galaxy Pro Sign, Clear Channel shall transfer to the City all warranties obtained from the manufacturer. The City shall be solely responsible for all messaging associated with the Galaxy Pro Sign, as well as all maintenance and upkeep. Clear Channel agrees to provide adequate training for City Staff for operation of the Galaxy Pro Sign. Clear Channel makes no warranties or representations whatsoever to the City regarding the Galaxy Pro Sign and the City shall look only to the manufacturer for any claims or causes of action respecting the Galaxy Pro Sign. Clear Channel agrees to provide the City with a three year maintenance contract for the Galaxy Pro Sign upon installation. Clear Channel's obligations pursuant to this paragraph are contingent upon Clear Channel receiving the permits described in paragraph 3 below. 3. It is the City's intention to proceed with a revision to the Maplewood Code clarifying that Dynamic Displays are not prohibited. It is Clear Channel's intention to proceed with applications for sign permits for three (3) additional Dynamic Display sign faces, one being located on the structure at Highwood and 1-494 and two being located on the existing structure at Highway 36 and White Bear Avenue. Clear Channel's application for the permits for the structure at Highway 36 and White Bear Avenue will require the City to grant conditional use permits to increase the 35 foot height limitation in the Code to 50 feet. The permit applications will also require that the Dynamic Display signs be permitted to change no more frequently than once every 8 seconds operating up to 24 hours a day every day of the year. 4. Clear Channel agrees to incorporate its "Dynamic Display(s)" in Maplewood into the State of Minnesota's "Amber Alert" network, and to operate such Dynamic Displays under the same "Amber Alert" terms generally in place between Clear Channel and the State of Minnesota's Department of Public Safety, which currently provides that Clear Channel will post timely messages within its digital display network in the applicable area. 5. Upon adoption of the amendment to the City's Sign Code clarifying that Dynamic Displays are not prohibited in the City of Maplewood, Clear Channel and the City agree to abide by the following standards and procedures regarding the brightness and illumination on Clear Channel's "Dynamic Displays" (Signs) in the City of Maplewood: October 22, 2007, City Council Meeting 27 a. No sign may be brighter than is necessary for clear and adequate visibility. b. No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. C. No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. d. All "Dynamic Display(s)" operated by Clear Channel must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. The signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions and the sign owner or operator must immediately turn off the sign or lighting when notified by the City that it is not complying with the standards in this section. e. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. f. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The City agrees it will not enforce against Clear Channel any future ordinance, rule, regulation or other law which limits the right of Clear Channel to operate its hereinbefore described "Dynamic Display(s)" consistent with the terms of this Agreement, except to the extent such future ordinance, rule, regulation, or other law reasonably relates to safety. 7. The City further agrees that upon execution of this Agreement and performance on the part of Clear Channel, pursuant to paragraph 2 of this Agreement, the City will not pursue any action, criminal or civil, against Clear Channel for the operation of its sign face currently being operated at Highwood and 1-494 within the City of Maplewood. 8. This Agreement, including all rights and obligations provided for herein, shall be binding upon the successors and assigns of the parties, whether by way of merger, consolidation, operation of law, assignment, purchase or other acquisition, including subsequent purchasers from Clear Channel. 9. The City and Clear Channel reserve all rights, remedies and defenses regarding "Dynamic Display" signage should the City not grant to Clear Channel the permits referenced in paragraph 3 above. In such event, the City shall be allowed to pursue any remedies available to it and Clear Channel shall be allowed any defenses available to it. This Agreement shall not be used to establish or defend any legal action related to the operation of Clear Channel's existing "Dynamic Display" should the City not revise its Ordinance as indicated above. City of Maplewood Clear Channel Outdoor, Inc., a Delaware corporation 0 By: Its: Its: Seconded by Councilmember Cave. Ayes — Mayor Longrie, Councilmembers Cave, Hjelle Nays — Councilmembers Juenemann, Rossbach October 22, 2007, City Council Meeting 28 L. NEW BUSINESS Conditional Use Permit Revision — Salvation Army — 2080 Woodlynn Avenue. a. Senior Planner, Tom Ekstrand gave the presentation and answered questions of the council. b. Major Don Tekautz, Salvation Army, 2080 Woodlynn Avenue, Maplewood, addressed the council and answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. Robert Martin, Planning Commissioner, gave the planning commission report and recommendation. Councilmember Hjelle moved to approve the Resolution Approving a Revision to the Conditional Use Permit for the Salvation Army Church, located at 2080 Woodlynn Avenue, to expand their Adult Day Care Facility to include Child Day Care. Approval of this CUP revision is based on the findings required by the ordinance and subject to the following conditions. CONDITIONAL USE PERMIT REVISION RESOLUTION 07-10-185 WHEREAS, The Salvation Army applied for a revision to their conditional use permit to expand their adult day care facility to include child day care. WHEREAS, this permit applies to 2080 Woodlynn Avenue. The legal description is: NW'/ of the NE '/4 of the W 165 feet of the S 368 feet of Section 2, Township 29, Range 22, and also that part of NW '/4 of the NE '/4 of the W 527.26 feet of the E 263.63 feet of the S 320 feet lying south of Woodlynn and E of Ariel all in Section 2, Township 23, Range 22. (Property Identification Number: 02-29-22-12-0043) WHEREAS, the history of this conditional use permit is as follows: On October 2, 2007, the planning commission held a public hearing to review this request. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. 2. The city council reviewed this proposal and considered the planning commission's recommendation on October 22, 2007. The council also considered reports and recommendations of the city staff and those in attendance. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above described conditional use permit revision to allow the addition of child day care at the Salvation Army Church because: 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. October 22, 2007, City Council Meeting 29 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 compliance with the following conditions (additions are underlined and deletions are crossed out): All construction shall follow the site plan approved by the city. City staff The director of community development may approve minor changes. 2. The proposed addition of child day care shall be started within one vear as required by ordinance. The proposed construction must be substantially started within one year of council approval or the permit shall become null and v The council may extend this deadline for one year. 3. The city council shall review this permit revision in one year. The Maplewood City Council approved this resolution on October 22, 2007. Seconded by Councilmember Juenemann. Ayes — All 2. Myrtle -Idaho Area Street Improvements, City Project 07-19 a. Approval to Add Sterling Street (Larpenteur to Holloway) Into Project Scope. b. Approval to Remove Sterling Street (Montana to Larpenteur Avenues) from Project Scope. C. Public Works Director, Chuck AN gave the presentation. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Larry Franklin, 2498 Tierney Avenue North, North St. Paul, addressed the council. 2. Debby Bowers, 1866 Sterling Street, Maplewood, addressed the council. (spoke twice) 3. Jack Wildes, 1864 Sterling Street North, Maplewood, addressed the council. (spoke twice) 4. Constance Jefferson, 1822 Sterling Street North, Maplewood, addressed the council. October 22, 2007, City Council Meeting 30 Councilmember Rossbach moved to approve the inclusion of Sterling Street, between Larpenteur and Holloway Avenues, in the feasibility study for the Myrtle -Idaho Street Improvements, Project 07-19. Further recommending the removal of Sterling Street, between Montana and Larpenteur Avenues from the Myrtle -Idaho Area Street Project. Excluding Lakewood Drive, between Ripley and Holloway Avenues, at this time. RESOLUTION 07-10-186 APPROVING THE ADDITION OF STERLING STREET INTO THE MYRTLE -IDAHO AREA STREET PROJECT, CITY PROJECT 07-19 WHEREAS, a feasibility study for the Myrtle -Idaho Area Streets, City Project 07-19 was ordered at the August 27th, 2007, City Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That Sterling Street, from Larpenteur to Holloway Avenue, is added to the scope of the Myrtle -Idaho Area Street Project, City Project 07-19. Approved this 22nd day of October 2007. RESOLUTION 07-10-187 APPROVING THE REMOVAL OF STERLING STREET FROM THE MYRTLE -IDAHO AREA STREET PROJECT, CITY PROJECT 07-19 WHEREAS, a feasibility study for the Myrtle -Idaho Area Streets, City Project 07-19, was ordered at the August 27th, 2007, City Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That Sterling Street, from Montana to Larpenteur Avenue, is removed from the scope of the Myrtle -Idaho Area Street Project, City Project 07-19. Approved this 22nd day of October 2007. Seconded by Councilmember Juenemann. Ayes — Councilmembers Cave, Hjelle, Juenemann, Rossbach Nay — Mayor Longrie Mayor Longrie would have preferred to have some assurance, agreement or a resolution from the City of North St. Paul stating that North St. Paul would share in the cost of this feasibility report before Maplewood spends the money on this project. Councilmember Rossbach felt there was no need to include a stipulation in the motion that the City of North St. Paul needed to have an agreement with the City of Maplewood for this project to be passed and that Maplewood City Staff will ensure both Maplewood and North St. Paul will work together and share in the cost to complete the feasibility report. Mr. AN assured the council the feasibility report will not be done until terms have been agreed upon between the City of Maplewood and the City of North St. Paul. October 22, 2007, City Council Meeting 31 Councilmember Rossbach requested that the city council take a 5 -minute recess at 10:27 p.m. The council meeting reconveyed around 10:32 p.m. 3. Beam Avenue Street Improvements, White Bear Avenue to Bellaire Avenue, City Project 07-26, Resolution Ordering Feasibility Study. Councilmember Rossbach moved to approve the resolution ordering the preparation of the Feasibility Study for Beam Avenue, from White Bear Avenue to Bellaire Street, Project 07-26. RESOLUTION 07-10-188 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Beam Avenue (White Bear Avenue to Bellaire Street), City Project 07-26 and to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $30,000 are appropriated to prepare this feasibility report. Approved this 22nd day of October 2007. Seconded by Councilmember Hjelle. Ayes — Councilmembers Cave, Hjelle, Juenemann, Rossbach Nay — Mayor Longrie October 22, 2007, City Council Meeting 32 4. Upper Afton Street Improvements, McKnight Avenue to Century Avenue, City Project 07-27, Resolution Ordering Feasibility Study. Councilmember Hjelle moved to approve the Resolution Ordering the Preparation of the Feasibility Study for the Upper Afton Street Improvements from McKnight Road to Century Avenue, Project 07-27. RESOLUTION 07-10-189 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Upper Afton Street Improvements from McKnight Road to Century Avenue, City Project 07-27 and to assess the benefiting properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $15,000 are appropriated to prepare this feasibility report. Approved this 22nd day of October 2007. Seconded by Councilmember Rossbach. Ayes — Councilmembers Cave, Hjelle, Juenemann, Rossbach Nay — Mayor Longrie October 22, 2007, City Council Meeting 33 5. Hazelwood Street Improvements, Frost Avenue to Cope Avenue, City Project 07-25, Resolution Ordering Preparation of Feasibility Study. Councilmember Juenemann moved to approve the Resolution Ordering the Preparation of the Feasibility Study for the Hazelwood Street Improvements from Frost Avenue to Cope Avenue, Project 07-25. RESOLUTION 07-10-190 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Hazelwood Street, Frost Avenue to Cope Avenue City Project 07-25 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $30,000 are appropriated to prepare this feasibility report. Approved this 22nd day of October 2007 Seconded by Councilmember Hjelle. Ayes — Councilmembers Cave, Hjelle, Juenemann, Rossbach Nom— Mayor Longrie 6. Approval of Trail Overlay for Pleasant View Park, Vista Hills Park and Maplewood Heights Park. a. Public Works Director, Chuck AN gave the presentation and answered questions of the council. Councilmember Cave moved to approve the expenditure of $30,950 for the purchase of bituminous for the overlav of trails in Pleasant View Park and Vista Hills Park. The Council also recommends the authorization for preparation for paving of the trail at Maplewood Heights Park in 2008 or sooner if funds are available to pay for the improvements. Councilmember moved to recommend the Finance Director transfer $30,950 from the Park Maintenance Program (101-602) to the Streets Program (101-502)0 Seconded by Councilmember Juenemann. Ayes — All October 22, 2007, City Council Meeting 34 7. Municipal State Aid Street Revisions, Resolutions Approving Revocations and Designations. a. Public Works Director, Chuck AN gave the presentation. Councilmember Juenemann moved to approve the resolutions requesting the approval of the Commissioner of Transportation of the State of Minnesota for the revocations of County Road D/T.H, 61 to White Bear Avenue, City Center Drive/1830 County Road B to 1902 County Road B, and Southlawn Drive/County Road C to Beam Avenue from Maplewood's Municipal State Aid Street system. RESOLUTION 07-10-191 REVOKING MUNICIPAL STATE AID HIGHWAYS WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter described as municipal state aid streets be removed from consideration as municipal state aid streets under the provisions of Minnesota law, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood, that the roads described as follows, to wit: MSAS 138-121-005 County Road D/ T.H. 61 to Hazelwood Street (0.60 mile) MSAS 138-121-010 County Road D/ Hazelwood Street to Southlawn Drive (0.51 mile) MSAS 138-121-020 County Road D/ Southlawn Drive to White Bear Avenue (0.39 mile) be, and hereby are revoked as municipal state aid streets of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that said city clerk is hereby authorized and directed to forward two certified copies of this resolution to the commissioner of transportation for consideration. Dated at Maplewood Minnesota, this 22nd day of October 2007. RESOLUTION 07-10-192 REVOKING MUNICIPAL STATE AID HIGHWAYS WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter described as municipal state aid streets be removed from consideration as municipal state aid streets under the provisions of Minnesota law, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood, that the roads described as follows, to wit: MSAS 138-117-010 Southlawn Drive/ County Road C to Mesabi Avenue (0.25 mile) MSAS 138-117-015 Southlawn Drive/ Mesabi Avenue to Beam Avenue (0.25 mile) be, and hereby are revoked as municipal state aid streets of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that said city clerk is hereby authorized and directed to forward two certified copies of this resolution to the commissioner of transportation for consideration. Dated at Maplewood Minnesota, this 22nd day of October 2007. October 22, 2007, City Council Meeting 35 RESOLUTION 07-10-193 REVOKING MUNICIPAL STATE AID HIGHWAYS WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter described as municipal state aid streets be removed from consideration as municipal state aid streets under the provisions of Minnesota law, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood, that the roads described as follows, to wit: MSAS 138-124-010 City Center Drive/ 1830 County Road B to 1902 County Road B (0.31 mile) be, and hereby are revoked as municipal state aid streets of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that said city clerk is hereby authorized and directed to forward two certified copies of this resolution to the commissioner of transportation for consideration. Dated at Maplewood Minnesota, this 22nd day of October 2007. Seconded by Councilmember Rossbach. Ayes — All 8. Lark Prosperity Area Street Improvements, City Project 07-15, Resolution for Modification of Existing Construction Contract, Change Order 2. a. Public Works Director, Chuck AN gave the presentation and answered questions of the council. Councilmember Hjelle moved to approve the Resolution for the Modification of Existing Construction Contract, Change Order Number 2. RESOLUTION 07-10-194 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-15, CHANGE ORDER 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-15, Lark Prosperity 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 07-15, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 2 in the amount of -$35,960.00. The revised contract amount is $2,478,288.24. Seconded by Councilmember Cave. Ayes — All October 22, 2007, City Council Meeting 36 Councilmember Hjelle moved to continue the council meeting and complete the agenda. Seconded by Councilmember Rossbach. The motion failed. Ayes — Councilmembers Hjelle, Rossbach Nays — Councilmembers Cave, Juenemann, Mayor Longrie The remainder of the council meeting was tabled. Agenda items M. COUNCIL PRESENTATIONS and N. 1. ADMINISTRATIVE PRESENTATIONS, will be discussed at the November 26, 2007, City Council Meeting. M. COUNCIL PRESENTATIONS 1. Pleasant View Park (Councilmember Cave) 2. 2008 Levy (Councilmember Juenemann) 3. Internal Communications (Councilmember Juenemann) 4. ) — (Removed from the agenda) 5. Lower Afton Trail Update (Mayor Longrie) 6. ) (Removed from the agenda) 7. ) (Removed from the agenda) 8. (Removed from the agenda) 9. Rush Line Corridor (Councilmember Rossbach) 10. Manager Review Process (Councilmember Rossbach) 11. Development Conference Attended (Mayor Longrie) N. ADMINSTRATIVE PRESENTATIONS 1. Report on the complaint by Elizabeth Sletten regarding Xcel Energy Kohlman Lake Substation, H. Alan Kantrud, City Attorney. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:12 p.m. October 22, 2007, City Council Meeting 37 - .:�-.� 7 '�. � ,,.� �..- �.. _ _ � moi.•- i."i �"�I ; _ � a -�•,`- Y;, !-, �. .� _sa - - � _ J _ �p ■ is>- 4 II 1 NetZero Message Center Page 2 of 2 I have had a lengthily discussion with Mrs. DeMarre and other neighbors. We are very eager to start our neighborhood block watch program again. As soon as we can arrange a meeting date, location etc. We will notify you so the officer responsible for our area may attend. In response to the long history of harassing, violent events we at this time are requesting a presence of an officer on Halloween night. I also believe that a barricade to block traffic on the dead end of Clarence street may be of some comfort to residents who fear escalated violence as promised by the attackers of Saturday night. I was very pleased to see a presence of patrols on Saturday night and early Sunday morning. I haven't however seen any since then. I would like that picked up again since now Jim Horkey has also received a death threat on his phone with similar verbiage as the one I received earlier this week. I also reported that to the police. I am disappointed that my phone wasn't traced via the police department as I believe that it should have been. T -Mobile refuses to trace calls with a notification from office police or court officials. I also would like the case number from that report as I wasn't given one at the time. Please advise me on what you suggest as key items for our first block watch meeting. We are complying lists to share as a group. Have a great day. Margaret Behrens http://webmailanetzero.net/webmail/new/8?block=l&msgList=0000N1kO:... 10/22/2007 . � �L„�—••� :.�,��i— �—.,-r � �—_�, �--=•,� ;�, �+`-_- �'=� �_ Vit'. � ti:�� g � , r.MIC- pin Mrs i • A' � �, - - t,�5 I n r rte•. �� ,' � �' S � ■ , "`S,� , ,�; �� , low ids- _+ _ _ 'I - yi 9 Untitled Document Page 2 of 3 How can I obtain a referral form for a workshop? Click on " Forms " on this website, and follow the instructions for downloading a form. Once I have the form, how can I find out the schedule of upcoming classes? Click on " Schedule " on this website, or call (763) 533-3885 for information. How is this program funded? The PERT Program is funded entirely by the registration fees paid by participants. We receive no funding from the county, state or any other branch of government. As a result, fee waivers are generally not an option. Do all referrals come from the court? The overwhelming majority of referrals come from the judges or probation officers. We accept self -referrals and generally receive such referrals intermittently. Who is appropriate to refer to the program? 25 years of PERT classes have taught us that the most important shared feature of participants was that they had made choices to act irresponsibly. Therefore, appropriate referrals include individuals involved with theft, vandalism, disorderly, trespassing, tampering with a motor vehicle, driving offenses, underage possession, and other misdemeanor offenses. Some counties refer primarily shoplifting and theft cases, but all workshops seem to include individuals referred for other reasons. If the individual can benefit from examining his/her behavior, PERT might be considered as an option. Who is inappropriate to refer to the program? If the individual clearly needs a more intensive program (versus a one -day PERT workshop), court personnel should consider other options. PERT is sometimes a struggle for people with hearing impairments or extreme difficulty understanding English. In such cases, an interpreter provider by the court would be helpful. Since most of the workshop is presented verbally, it is not essential that the person have http://www.pertprevention.com/FAQs2006.htm 10/22/2007 Untitled Document Page 3 of 3 reading or writing skills. What is the cost of a workshop? The registration fee is $50.00, which the participant pays on the day of the workshop. Who can I contact if the information I need is not available? You can reach Dr. Jeff Gottlieb, the program director, at (612) 331-5057. You can also E-mail him at jeffgott@hotmail.com If you have missed a class and need to reschedule, you need to contact the county or probation officer who originally referred you to PERT. Return to Home Page http://www.pertprevention.com/FAQs2006.htm 10/22/2007 6Zc ati t t 4 our /o /Z 2,107 Proposed Rate Increase for Special Assessments 3,081,267 Note - The 2008 Proposed Capital Improvement Plan is based on a 30% assessment rate and would result in special assessments of $12,489,000 over the 5 year period. 5 Year Plan Assessment Additional Rate Assessments 2008 35% 573,850 2009 39% 434,700 2010 44% 976,267 2011 48% 1,722,600 2012 50% 1,756,000 5,463,417 7 Year Plan Assessment Additional Rate Assessments 2008 30% 0 2009 35% 241,500 2010 38% 557,867 2011 41% 1,052,700 2012 44% 1,229,200 2013 47% n/a 2014 50% n/a 3,081,267 Note - The 2008 Proposed Capital Improvement Plan is based on a 30% assessment rate and would result in special assessments of $12,489,000 over the 5 year period.