HomeMy WebLinkAbout04-11-20050
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711
MINUTES
MAPLEWOOD CITY COUNCIL
7:02 P.M. Monday, April 11, 2005
Council Chambers, City Hall
Meeting No. 05-07
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at the City Hall, and was
called to order at 7:02 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF MINUTES
Minutes from the Council/Manager Workshop, March 28, 2005
Councilmember Juenemann moved to approve the minutes from the March 28, 2005 City
Council/Manager workshop as presented.
Seconded by Councilmember Koppen Ayes -All
2. Minutes from City Council Meeting -March 14, 2005
Councilmember Monahan-Junek moved to approve the minutes from the March 28, 2005 as
amended.
Seconded by Councilmember Rossbach Ayes -All
3. Minutes from Council/Manager Workshop -March 14, 2005
Councilmember Koppen moved to approve the minutes from the April 04, 2005 as presented.
Seconded by Councilmember Rossbach
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Ayes -Mayor Cardinal,
Councilmembers Juenemann,
Koppen and Rossbach
Abstain—Councilmember Monahan-
Junek
E. APPROVAL OF AGENDA
F.
G.
M1.
City Clean Up Day
M2.
Environmental Committee
M3.
Code Enforcement
M4.
NEST
M5.
League of Minnesota Cities
M6.
Barns of Minnesota
G4.
Temporary Impound Lot Contract
Councilmember Koppen moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes -All
APPOINTMENTS/PRESENTATIONS
1. Maplewood Planning Commission (PC) Appointments
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Monahan-Junek moved to appoint the following persons to fill the four
vacancies on the Planning Commission:
1. Lorraine Fisher with a term expiring December 31, 2007.
2. Tushar Desai with a term expiring December 31, 2007.
3. Jim Kaczrowski with a term expiring December 31, 2007.
4. Jeremy Yarwood with a term expiring December 31, 2006.
Seconded by Councilmember Rossbach Ayes -All
CONSENT AGENDA
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 271,841.57 Checks # 66540 thru # 66617
dated 03/25/05 thru 03/29/05
$ 131,882.51 Disbursements via debits to checking account
dated 03/18/05 thru 03/24/05
$ 557,227.11 Checks # 66618 thru # 66666
dated 04/05/05
$ 269,463.45 Disbursements via debits to checking account
dated 03/25/05 thru 03/31/05
$ 1,230,414.64 Total Accounts Payable
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PAYROLL
Payroll Checks and Direct Deposits dated 03-25-
$ 430,159.54 05
$ 3,855.39 Payroll Deduction check # 100874 thru 100877
dated 03-25-05
$ 434,014.93 Total Payroll
$ 1,664,429.57 GRAND TOTAL
2. Conditional Use Permit Review — Schlomka Landscaping (2511 Carver Avenue)
Approved to review the conditional use permit for a landscape business (Schlomka
Landscaping, Inc.) at 251 lCarver Avenue again in two months (June 2005). If Mr.
Schlomka has not complied with the entire engineering department's requirements by
this time, the city council should consider the revocation of the conditional use permit for
a landscape business.
3. Donation to Police Department for Cops & Kids Fishing Clinic
Accepted the donation of $200 from Saturn of St. Paul for the annual Cops & Kids
Fishing Clinic.
Councilmember Monahan-Junek moved to adopt consent agenda items 1-3.
Seconded by Councilmember Rossbach Ayes -All
H. PUBLIC HEARINGS
None
AWARD OF BIDS
None
J. UNFINISHED BUSINESS
1. Troutland Automobile Dealerships (New County Road D, west of Highway 61)
Conditional Use Permits
a. City Manager Fursman presented the staff report.
b. City Planner Roberts presented specifics from the report.
Councilmember Koppen moved to table the conditional permit reviews for Trout Land Auto
Dealers until the applicant is ready with plan revisions.
Seconded by Councilmember Monahan-Junek Ayes -All
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K. NEW BUSINESS
Intoxicating Liquor License Manager Approval — Carie Hemmingson, Buffalo Wild Wings
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
C. Carie Hemmingson, 3652 Auger Lane, White Bear Lake, was present for council
questions.
Councilmember Monahan-Junek moved to approve the Intoxicating Liquor License for Carie
Hemmingson for Buffalo Wild Wings at 3085 White Bear Avenue.
Seconded by Councilmember Koppen Ayes -All
2. Ramsey County 800 Mhz Antenna Facility (645 Sterling Street South)
Conditional Use Permit
Design Approval
a. City Manager Fursman presented the staff report.
b. Planner Roberts presented specifics from the report.
C. Planning Commissioner Desai presented the Planning Commission Report.
d. Ramsey County Manager Kirkwald addressed the Council.
Councilmember Koppen moved to adopt the following resolution approving the conditional use
permit and the design plans for the Ramsey County 800 MHz Antenna Facility proposal, subject
to the several conditionals of approval:
CONDITIONAL USE PERMIT RESOLUTION 05-04-042
WHEREAS, Mr. Tim Mayasich, representing Ramsey County, applied for a conditional use permit to
install a new 800 MHz antenna facility at the existing water tower at 645 Sterling Street South.
WHEREAS, this permit applies to the property on the southwest corner of Sterling Street and
Hillwood Drive. The legal description is:
Outlot B, Beth Heights First Addition, according the recorded plat in Section 12, Township 28,
Range 22 in Ramsey County, Minnesota. (PIN 12-28-22-43-0012)
WHEREAS, the history of this conditional use permit is as follows:
On March 7, 2005, the planning commission held a public hearing. 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 commission also considered reports and recommendations of the city staff. At
this meeting, at the request of the applicant, the planning commission tabled action on the
request until their meeting on March 21, 2005.
2. On March 21, 2005, the planning commission continued the public hearing for this request. City
staff sent notices about the continued hearing 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 commission also considered reports and recommendations of the city
staff. At this meeting, the planning commission recommended that the city council approve this
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permit.
3. April 11, 2005, 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, 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 runoff, 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 shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2. The proposed construction of the new antenna facility 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.
3. The city council shall review this permit in one year.
4. Any antenna or equipment that is not used for a year shall be deemed abandoned and the city
may require the owner to remove it.
5. Ramsey County shall be responsible for the costs and implementation of any corrections or
changes necessary because of interference or other problems caused by this facility. The
county shall make any such corrections or changes in a timely manner.
Approved the plans date-stamped February 4, 2005, and the revised site and landscaping plan
dated March 22, 2005, for an antenna facility (including antennas and an equipment building) on the
property at 645 Sterling Street South (on the southwest corner of Sterling Street and Hillwood
Drive). Approval is based on the findings required by code and subject to the applicant doing the
following:
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1. Repeat this review in two years if the city has not issued permits for this project.
2. Before the city issues a building permit, city staff must approve the following:
a. A certificate of survey for the project area that shows the proposed new construction, the
location of the property lines and existing site features around the proposed lease area.
b. A revised landscape and screening plan that:
(1) Shows the preservation of as much of the existing vegetation as possible.
(2) Shows the clean-up and the restoration of all turf areas with sod.
c. A driveway, sidewalk, grading, drainage and erosion control plan for the project site.
d. The plans for the equipment building that show the proposed exteriors with the designs,
colors and materials.
e. Project plans and specifications that meet all the requirements of the city building official.
3. Before getting a certificate of occupancy, the applicant shall remove and dispose of any debris
and ensure that the site is cleaned up.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The
amount shall be 150% of the cost of the unfinished work.
5. All work shall follow the approved plans. The director of community development may approve
minor changes.
Seconded by Councilmember Rossbach Ayes -All
3. County Road D Improvements (TH 61 to Southlawn), City Project 02-07 — Approve
Property Acquisition Agreement with Northern States Power Company (dba as Xcel
Energy)
a. City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
Councilmember Rossbach moved to approve the following acquisition agreement with Northern
States Power Company (dba Xcel Energy) for the County Road D Realignment Project (TH 61
to Southlawn Drive) at a total payment of $285,000:
PURCHASE AGREEMENT
This PURCHASE AGREEMENT ("Agreement") is made as of the _ day of , 2004, by
and between Northern States Power Company, a Minnesota corporation, with an address of 414 Nicollet
Mall, Mezzanine, Minneapolis, Minnesota 55401 ("Seller"), and the City of Maplewood, a political
subdivision of the State of Minnesota, with an address of
("Purchaser').
Purchaser desires to purchase certain property owned by Seller, and Seller desires to sell such
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property to Purchaser pursuant to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Seller and Purchaser agree as follows:
Article 1. Definitions.
The following terms shall have the meanings set forth below:
1.1 Agreement. This Agreement, including the following exhibits attached hereto and hereby
made a part hereof:
Exhibit A Legal Description of Land
Exhibit B Permitted Exceptions
Exhibit C Property Access Agreement
1.2 Closing. Concurrently, the transfer of title to the Property to Purchaser, the payment to
Seller of the Purchase Price, and the performance by each party of the other obligations on its part then to
be performed, all in accordance with the article entitled "Closing".
1.3 Closing Date. The Closing shall occur on , 2005. The Closing shall be held at
10:00 a.m. on the Closing Date at the offices of Title Company or at such other place, date and time as
Seller and Purchaser may agree.
1.4 Commitment. The title insurance commitment with respect to the Real Property described in
Section entitled "Title Evidence".
1.5 Earnest Money. The earnest money deposit, together with any interest earned thereon,
made by Purchaser and held by Title Company described in Section entitled "Purchase Price".
1.6 Feasibility Period. The time period commencing on the Effective Date and ending on the
date which is 30 days after the Effective Date.
1.7 Improvements. All buildings, structures, fixtures and improvements located on the Land, if
any, excepting therefrom Seller's equipment, structures or fixtures used in Seller's normal course of
business.
1.8 Land. The real property in the City of Maplewood, County of Ramsey, State of Minnesota,
said real property being legally described on Exhibit A together with all appurtenances thereto.
1.9 Property. The Real Property.
1.10 Purchase Price. The purchase price for the Property described in Article 3.
1.11 Real Property. The Land and the Improvements, if any, collectively.
1.12 Survey. The survey of the Real Property described in Section entitled "Title Evidence".
1.13 Title Company. Capital Title Corporation, 1210 West County Road E, Arden Hills, Minnesota
55112
1.14 Title Evidence. The title commitment and copies of exceptions with respect to the Property
described in Section entitled "Title Evidence".
1.15 Title Policy. The Owner's Policy of Title Insurance to be issued pursuant to the Title
Commitment, obtained as part of the Title Evidence.
Article 2. Purchase and Sale.
Seller hereby agrees to sell, and Purchaser hereby agrees to purchase, upon and subject to the
terms and conditions hereinafter set forth, the Property.
Article 3. Purchase Price.
3.1 Amount. Purchaser shall pay to Seller as and for the Purchase Price for the Property the
sum of Two Hundred Eight Five Thousand Dollars ($285,000.00).
3.2 Manner of Payment. The Purchase Price shall be payable as follows:
3.2.1 Twenty Five Thousand Dollars ($25,000) as Earnest Money, to be deposited by Purchaser
in escrow with Title Company contemporaneously with the mutual execution and delivery of this Agreement
and held and disbursed pursuant to the terms of this Agreement. The Earnest Money shall be non-
refundable to Purchaser except as provided in Sections entitled "Correction of Title", "Feasibility Period",
"Condemnation", and "Default". The Earnest Money shall be paid by the Title Company to Seller at Closing,
or upon any termination of this Agreement except as provided in this Section. The Earnest Money will be
credited against the Purchase Price at Closing. Purchaser acknowledges that the non-refundable
character of the Earnest Money is to compensate Seller for its costs incurred in connection with this
Agreement and its lost opportunity costs in taking the Property off the market.
3.2.2 The balance of the Purchase Price in cash or by certified or cashier's check or wire transfer
of immediately available funds on the Closing Date.
Article 4. Closing.
4.1 Seller's Closing Documents. At Closing, subject to delivery by Purchaser of the Purchase
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Price and performance of its other obligations under this Agreement, Seller shall execute, acknowledge
(where appropriate), and deliver to Purchaser the following, each dated as of the Closing Date:
4.1.1 A limited warranty deed conveying to Purchaser the Real Property, subject only to Permitted
Exceptions (the "Deed").
4.1.2 An affidavit of Seller regarding liens, judgments, tax liens, bankruptcies, parties in
possession, mechanics' or materialmens' liens and other matters affecting title to the Real Property in
customary form as may be reasonably required by Title Company to delete the so-called "standard
exceptions" from the Title Policy.
4.1.3 All reasonable and customary documents and instruments which (a) Purchaser or Title
Company may reasonably determine are necessary to transfer the Property to Purchaser subject only to
the Permitted Exceptions, (b) Purchaser or Title Company may reasonably determine are necessary to
evidence the authority of Seller to enter into and perform this Agreement and the documents and
instruments required to be executed and delivered by Seller pursuant to this Agreement, (c) Title Company
may require as a condition to issuing the Title Policy or (d) may be required of Seller under applicable law.
4.1.4 A settlement statement consistent with this Agreement.
4.2 Purchaser's Closing Deliveries. At Closing, Purchaser shall cause the following to be
delivered to Seller:
4.2.1 The Purchase Price less the Earnest Money, as adjusted pursuant to Section entitled
"Closing Adjustments", by cashier's check or by federal wire transfer of immediately available funds. The
Earnest Money shall be applied to and credited against the Purchase Price and shall be disbursed to Seller
by Title Company at Closing.
4.2.2 All normal and customary documents and instruments, each executed and acknowledged
(where appropriate) by Purchaser, which (a) Seller or Title Company may reasonably determine are
necessary to evidence the authority of Purchaser to enter into and perform this Agreement and the
documents and instruments required to be executed and delivered by Purchaser pursuant to this
Agreement, or (b) may be required of Purchaser under applicable law.
4.2.3 A settlement statement consistent with this Agreement executed by Purchaser.
4.3 Closing Escrow. Purchaser and/or Seller at their option may deposit the respective Closing
deliveries described in the Sections entitled "Seller's Closing Deliveries" and "Purchaser's Closing
Deliveries" with Title Company with appropriate instructions for recording and disbursement consistent with
this Agreement.
4.4 Closing Adjustments. The following adjustments shall be made at Closing:
4.4.1 Seller shall pay when due all real property taxes for the Property imposed for the period up
to and including the date of Closing, and Purchaser shall be responsible for any real property taxes for the
Property imposed after Closing. In the event Purchaser receives a tax bill for the Property for some or all
taxes due from Seller pursuant to this Agreement, Seller shall remit the full amount of taxes due to
Purchaser within twenty (20) days following its receipt of the tax bill. In the event Seller receives a tax bill
for the Property for some or all taxes due from Purchaser pursuant to this Agreement, Purchaser shall remit
the full amount of taxes due to Seller within twenty (20) days following its receipt of the tax bill
4.4.2 Personal property taxes applicable to any of the Personal Property due and payable in the
year of Closing shall be prorated between Seller and Purchaser on a daily basis as of the Closing Date
based upon a calendar fiscal year, with Seller paying those allocable to the period prior to the Closing Date
and Purchaser being responsible for those allocable subsequent thereto
4.4.3 Seller shall pay in full all special assessments, which are due, and payable prior to the
Closing shall be paid by Seller. Any other special assessments (and charges in the nature of or in lieu of
such assessments) levied, pending or constituting a lien with respect to any of the Real Property shall be
prorated as of the Closing Date, with Seller paying those allocable to the period prior to the Closing Date
and Purchaser being responsible for those allocable subsequent thereto
4.4.4 Purchaser shall pay all sales tax due regarding this transaction.
4.4.5 Purchaser shall pay the documentary fee required in connection with the recording of the
Deed.
4.4.6 Seller shall pay the cost of recording any documents necessary to place record title to the
Property in Seller in the condition required pursuant to the Section entitled "Correction of Title". Purchaser
will pay the cost of recording all other documents, including the Deed.
4.4.7 Purchaser will pay the premium for the Title Policy and the cost of any lender's title
insurance, and any endorsements desired by Purchaser or required by its lender.
4.4.8 Purchaser shall pay any escrow fee and/or Closing fee payable to Title Company with
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respect to the transaction contemplated by this Agreement.
4.4.9 The charges for any utility expenses, including water, fuel, gas, electricity, telephone, sewer,
trash removal, heat and other services furnished to or provided for the Property shall be prorated between
Seller and Purchaser on a daily basis as of the Closing Date, with Seller paying those allocable to the
period prior to the Closing Date and Purchaser being responsible for those allocable subsequent thereto.
Seller agrees to have all meters with respect to any such utilities read as of the Closing Date and
Purchaser agrees to transfer any meters located on the Property to Purchaser effective as of the Closing
Date.
4.4. 10 Except as provided in the Article entitled "Default", Seller and Purchaser shall each pay its
own attorneys' fees incurred in connection with this transaction.
If any of the amounts allocated under this Section cannot be calculated with complete precision at
Closing because the amount or amounts of one or more items included in such calculation are not then
known, then such calculation shall be made on the basis of the reasonable estimates of Seller and
Purchaser, subject to prompt adjustment (by additional payment or refund, as necessary) when the amount
of any such item or items become known.
4.5 Possession. Seller shall deliver possession of the Property to Purchaser on the Closing
Date, subject to the Permitted Exceptions.
Article 5. Title Examination.
5.1 Title Evidence. Purchaser, at its sole cost and expense, shall have the option to obtain the
following:
5.1.1 a commitment to insure title to the Real Property issued by Title Company in an amount
equal to the Purchase Price and copies of all documents, instruments and matters shown as exceptions
which are recorded in the office of the clerk and recorder of the county in which the Real Property is
located.
5.1.1 A current survey of the Real Property prepared and certified by a land surveyor licensed in
Minnesota. The survey shall (a) conform to the "Minimum Standard Detail Requirements for Land Title
Surveys" as adopted in 1992 by the American Land Title Association and the American Congress on
Surveying & Mapping, and (b) contain a certification to Purchaser, Title Company and/or lender designated
by Purchaser, if any.
5.2 Purchaser's Objections and Requirements. Purchaser shall be allowed ten (10) days after
delivery of the last of the Title Evidence for examination thereof and making any objections to the form
and/or content of the same. Any objections not made within said ten (10) day period shall be deemed to be
waived by Purchaser and shall be Permitted Exceptions, along with the items set forth on Exhibit B
attached hereto. Purchaser shall have an additional five (5) day period in which to object to any revisions
or endorsements to the Title Evidence as may be issued from time to time.
5.3 Correction of Title. Seller shall be allowed until Closing to cure Purchaser's title objections
but will be under no obligation to do so. If such cure is not completed prior to the Closing Date, Purchaser
shall have the option to do any of the following:
5.3.1 Terminate this Agreement.
5.3.2 Waive its objection(s) and proceed to Closing.
Article 6. Representations and Warranties.
6.1 Seller's Representations and Warranties. Seller represents and warrants to Purchaser as of
the date of this Agreement as follows:
6.1.1 Seller has not entered into any contracts for the sale of any of the Property other than this
Agreement. Seller has received no notice of and has no knowledge of any rights of first refusal or first
offer, options to purchase any of the Property or any other rights or agreements, which may delay or
prevent this transaction.
6.1.2 Seller has received no notice of and has no knowledge of any pending or proposed special
assessments affecting the Property or any proposed or pending public improvements which may give rise to
any special assessments affecting the Property.
6.1.3 Seller has received no notice of and has no knowledge of any pending or threatened
condemnation or transfer in lieu thereof affecting any of the Property, nor has Seller agreed or committed to
dedicate any of the Property.
6.1.4 There is no pending, or to the best of Seller's knowledge, threatened or contemplated,
litigation, investigation, arbitration, condemnation or other proceedings of any kind affecting the Seller or
any of the Property.
6.1.5 To Seller's knowledge, without investigation, there is no condition existing with respect to the
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Property or the operation thereof by Seller, or any part thereof, which violates any law, rule, regulation,
ordinance, code, other, decree or ruling of any city, county, state or federal government, agency or court.
Seller has not received notice from any governmental or quasi -governmental agency requiring the
correction of any condition with respect to the Property, or any part thereof. Seller has not received notice
of, and has no other knowledge or information of, any pending or contemplated litigation or condemnation
action with respect to the Property, or any part thereof.
6.1.6 Seller has been incorporated under, and in good standing under, the laws of the State of
Minnesota, and has the requisite power and authority to enter into and perform this Agreement and the
documents and instruments required to be executed and delivered by Seller pursuant hereto. Execution,
delivery and performance of this Agreement and the documents and instruments required to be executed
and delivered by Seller pursuant hereto does and will not conflict with or result in a violation of Seller's
articles of incorporation or by-laws or any judgment, order or decree of any court or arbiter to which Seller is
a party, or any agreement to which Seller and/or any of the Property is bound or subject.
6.1.7 Seller has not (i) made a general assignment for the benefit of creditors, (ii) filed any
involuntary petition in bankruptcy or suffered the filing of any involuntary petition by Seller's creditors, (iii)
suffered the appointment of a receiver to take possession of all or substantially all of Seller's assets, (iv)
suffered the attachment or otherjudicial seizure of all, or substantially all, of Seller's assets, (v) admitted in
writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or
composition to its creditors generally.
Notwithstanding the foregoing provisions of this Section entitled "Seller's Representations and
Warranties". Seller will not be deemed to be in breach of this Agreement with respect to facts or conditions,
which are the subject of the foregoing representations, which are disclosed to, or discovered by, Purchaser
prior to the expiration of the Feasibility Period. Further, notwithstanding anything to the contrary herein, the
liability of Seller hereunder, if any, shall be limited to the Purchase Price of the Property. Subject to the
foregoing, Seller's representations and warranties shall survive Closing, provided Seller shall have no liability
with respect to any breach of a particular representation and warranty if Purchaser shall fail to (a) notify
Seller thereof within a reasonable time after discovery thereof, or (b) commence an action against Seller
with respect to the breach in question within six (6) months after Closing. Wherever herein a
representation is made based upon the knowledge of, or notice to, Seller, such knowledge or notice, is
limited to the actual knowledge of, or notice received by Gina L. Bulloch, Director Corporate Real Estate,
Xcel Energy Services, Inc.
6.2 Purchaser's Representations and Warranties. Purchaser represents and warrants to Seller
as of the date of this Agreement as follows:
6.2.1 Purchaser has been duly incorporated under the laws of the State of Minnesota and is in
good standing under the laws of the jurisdiction in which the Property is located, is duly qualified to transact
business in the jurisdiction in which the Property is located, and has the requisite power and authority to
enter into and perform this Agreement and the documents and instruments required to be executed and
delivered by Purchaser pursuant hereto. This Agreement has been duly executed and delivered by
Purchaser and is a valid and binding obligation of Purchaser enforceable in accordance with its terms. This
Agreement and the documents and instruments required to be executed and delivered by Purchaser
pursuant hereto have each been duly authorized by all necessary corporate action on the part of Purchaser
and that such execution, delivery and performance does and will not conflict with or result in a violation of
Purchaser's articles of incorporation or by-laws or any judgment, order or decree of any court or arbiter to
which Purchaser is a party, or any agreement to which Purchaser and/or any of the Property is bound or
subject.
6.2.2 Purchaser has not (i) made a general assignment for the benefit of creditors, (ii) filed any
involuntary petition in bankruptcy or suffered the filing of any involuntary petition by Purchaser's creditors,
(iii) suffered the appointment of a receiver to take possession of all or substantially all of Purchaser's
assets, (iv) suffered the attachment or otherjudicial seizure of all, or substantially all, of Purchaser's assets,
(v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement,
extension or composition to its creditors generally.
The foregoing representations and warranties are express representations and warranties, which Seller
shall be entitled to rely on regardless of any investigation or inquiry made by, or any knowledge of, Seller.
Consummation of this Agreement by Seller with knowledge of any such breach shall not constitute a waiver or
release by Purchaser of any claims arising out of or in connection with such breach. The foregoing
representations and warranties shall survive Closing or termination of this Agreement.
Article 7. Feasibility Period.
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(a) During the Feasibility Period, Purchaser may investigate the Property and all matters
relevant to its acquisition, development, usage, operation and marketability, and any and all permits and
approvals necessary for Purchaser's usage. Such investigations shall be conducted at Purchaser's sole
expense and may include, without limitation, studies or inspections (including environmental inspections) of
the Property. Any environmental or other physical inspection of the Property shall occur pursuant to the
terms and conditions of the Property Access Agreement, attached hereto as Exhibit C. Subject to the terms
of this Agreement and the Property Access Agreement, Seller shall reasonably cooperate with Purchaser's
inspections during the Feasibility Period. Purchaser shall deliver copies of any reports or results of any
tests regarding the Property within five (5) days of receipt by Purchaser.
(b) Seller, without additional cost to Purchaser, shall deliver to Purchaser copies of all
surveys, engineering studies, feasibility studies, soil and water test results, maps, plats, contracts,
documents, agreements, permits, licenses, reports and data pertaining to or affecting the Property that it
has in its possession. These documents shall be delivered to Purchaser on or before five (5) days after the
Effective Date. In the event of termination of this Agreement for any reason after the Effective Date,
Purchaser, without additional cost to Seller, shall promptly return to Seller all of the above listed materials
pertaining to the Property, which are in the Purchaser's possession or under Purchaser's control.
Purchaser shall keep all such materials confidential and shall not disclose such information or documents
to any third party without the prior written consent of Seller.
(c) Seller does not warrant the accuracy of any record, document or information made
available to Purchaser or any of the records or documents. Statements of fact or opinion contained in any
record, documents or information made available to Purchaser shall not be deemed to be a representation
or warranty hereunder. The records, documents or information made available to Purchaser are being
provided to Purchaser for informational purposes only and shall be read in the context that they were
prepared by Seller or Seller's consultants for intercompany use without expectation that such documents
would be disseminated to third parties in connection with this transaction. Further, it is agreed that
Purchaser is responsible for its own due diligence despite receiving information and documentation relating
to the Property from Seller. Purchaser agrees that Purchaser shall independently verify such information
provided by Seller and Purchaser releases Seller from any and all liability, damages and claims associated
with Purchaser's reliance thereon.
(d) If either the Purchaser or Seller, in their sole discretion, is not satisfied with the
results of said inspection, Purchaser or Seller shall deliver written notice thereof to the other party on or
before the expiration of the Feasibility Period. If such notice is received by either party, as set forth above,
and if Purchaser and Seller have not agreed, in writing, to a settlement thereof on or before ten (10) days
after the expiration of the Feasibility Period (Resolution Deadline), this Agreement shall terminate three
calendar days following the Resolution Deadline; unless the party that received the termination notice
receives written notice from the other party waiving objection to any unsatisfactory condition prior to the
Resolution Deadline. If said written notice of such unsatisfactory condition(s) is not received on or before
the date specified above, then this Agreement shall remain in full force and effect and the contingency as
set forth in this paragraph shall be deemed to be waived.
(e) Purchaser shall indemnify, hold harmless, and defend Seller from any claim, liability,
or cost, including attorney fees, which Seller may incur or which may be asserted against Seller or the
Property by reason of Purchaser's inspections, tests, and investigations of the Property, or as a result of
Purchaser's entrance onto the Property, including without limitation injury to persons or property and the
assertion of any mechanic's liens or claims for payment; provided, however, that Purchaser shall have no
liability relating to the mere discovery of adverse conditions on the Property not created by Purchaser. The
provisions of this Section shall not be construed to merge with the passage of title to the Property and shall
survive Closing or other termination of this Agreement.
(f) The Property is sold by Seller and acquired by Purchaser "As -Is, Where -Is, With All
Faults" with no right of set-off or reduction in the Purchase Price, and that except as explicitly set forth in
this Agreement or in the Deed (with respect to warranties of title) such sale shall be without representation
of warranties, express or implied, either oral or written, made by Seller or any agent or representative of
Seller with respect to the physical or structural condition of the Property, or with respect to the existence or
absence of petroleum, hazardous substances, pollutants or contaminants in, on, under, or affecting the
Property or with respect to the compliance of the Property or its operation with any laws, ordinances or
regulations of any government or other body. Purchaser acknowledges and agrees that Seller has not
made and does not make any representations, warranties or covenants of any kind or character
whatsoever, whether express or implied, with respect to warranty of income potential, operating expenses,
City Council 04-11-05 11
uses, habitability, tenant ability, or suitability for any purpose, merchantability, or fitness of the Property for
a particular purpose, all of which warranties Seller hereby expressly disclaims. Purchaser is relying entirely
upon information and knowledge obtained from its own investigation, experience, or personal inspection of
the Property. Purchaser expressly assumes, at closing, all environmental and other liabilities with respect
to the Property and releases and indemnifies Seller from same, whether such liability is imposed by statute
or derived from common law including, but not limited to, liabilities arising under the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"), the Hazardous and Solid Waste
Amendments Act, the Resource Conservation and Recovery Act ("RCRA"), the Federal Water Pollution
Control Act, the Safe Drinking Water Act, the Toxic Substances Control Act, the Superfund Amendments
and Reauthorization Act and the Hazardous Materials Transportation Act, all as amended, and all other
comparable federal, state or local environmental, conservation or protection laws, rules or regulations. The
foregoing assumption and release shall survive closing. All statements of fact or disclosures, if any, made
in this Agreement or in connection with this Agreement, do not constitute warranties or representations of
any nature. The foregoing provision shall survive Closing and shall not be deemed merged into any
instrument of conveyance delivered at Closing.
Article 8. Indenture Release. Seller shall apply for and obtain a release of the Property from
Seller's Corporate Indenture ("Indenture Release") within ninety (90) days after Closing.
Article 9. Lot Split. The sale and purchase of the Property requires a lot split. Purchaser shall
obtain the approval of the required governmental agencies for said lot split prior to the expiration of the
Feasibility Period, and shall complete the lot split, including subsequently obtaining certificates of title for
the split parcels from the Examiner of Titles, all at Purchaser's sole cost and expense.
Article 10. Reservation or Dedication of Easements. Seller shall reserve in the Deed any utility
easements it requires for the present and future operation of its facilities over, under and across the
Property.
Article 11. Contingency. The sale of the Property by Seller shall be contingent upon,
and occur contemporaneously with, the granting of an easement by Burlington Northern Santa Fe to
Seller and the associated transactions related to property adjacent to the Property, as set forth in that
certain Agreement by and between Seller and Purchaser dated 12004.
Article 12. Condemnation.
If prior to Closing eminent domain proceedings are commenced against any material portion of the
Property, Seller shall immediately give notice thereof to Purchaser, and Purchaser at its option (to be
exercised within fifteen (15) days after Seller's notice) may either (a) terminate this Agreement, or
(b) proceed to Closing and receive at Closing either a credit against the Purchase Price in the amount of
the award, in the case of a completed eminent domain proceeding, or an assignment of all rights in eminent
domain, in the case of a pending eminent domain proceeding. Prior to Closing, Seller shall not designate
counsel, appear in, or otherwise act with respect to any eminent domain proceedings, or commence any
repair or restoration resulting therefrom, without the consent of Purchaser.
Article13. Brokers.
Each of the parties represents to the other that such party has not incurred any brokerage
commission or finder's fee as a result of this transactions and each party agrees to hold the other harmless
from all liabilities incurred by the other relating to such brokerage commission or finder's fee incurred as a
result of the actions of such party. The provisions of this Article shall survive Closing or termination of this
Agreement.
Article14. Default.
In the case of any default by Purchaser, Seller's sole and exclusive remedy shall be termination of
this Agreement and, upon any such termination, the Earnest Money shall be forfeited to Seller as liquidated
damages. In the case of any default by Seller, upon Purchaser's option, Purchaser may terminate this
Agreement whereupon the Earnest Money shall be returned to Purchaser. Purchaser also shall have the
right to specifically enforce this Agreement, provided that any action therefore is commenced within six (6)
months after such right arises. Purchaser waives any right it may have to recover damages from Seller in
any action or proceeding to enforce this Agreement or any term hereof, the prevailing party shall be entitled
to recover its reasonable costs and attorneys' fees.
Article15. Assignability.
Purchaser may not assign its rights under this Agreement without the consent of Seller, provided,
however that, one time only, without Seller's consent, but upon notice to Seller, Purchaser may assign its
rights under this Agreement to an entity owned and controlled by Purchaser which agrees to assume all of
City Council 04-11-05 12
Purchaser's duties and obligations under this Agreement.
Article16. Confidentiality.
Seller and Purchaser agree to retain the confidentiality of the identity of the other and of the terms of
this Agreement, and not to disclose the same to any third party other than to the extent required by
applicable law.
Article17. Notices.
Any notice, consent, waiver, request or other communication required or provided to be given under
this Agreement shall be in writing and shall be sufficiently given and shall be deemed given when delivered
personally or when mailed by certified or registered mail, return receipt requested, postage prepaid, or
when dispatched by nationally recognized overnight delivery service, in any event, addressed to the party's
address as follows:
If to Seller: Gina L. Bulloch
Director, Corporate Real Estate
Corporate Real Estate Department
Xcel Energy Services, Inc.
55015 th Street, Suite 1000
Denver, Colorado 80202
With copy to:
Jennifer Thulien Smith, Esq.
Law Department
Xcel Energy Services, Inc.
800 Nicollet Mall, Suite 2900
Minneapolis, MN 55402
If to Purchaser: City of Maplewood
1830 East County Road B
Maplewood, MN 55109
With copy to:
Sarah J. Sonsalla, Esq.
Kelly & Fawcett, P.A.
2350 U.S. Bancorp Piper Jaffrey Plaza
444 Cedar Street
St. Paul, MN 55101
or to such party at such other address as such party, by ten (10) days prior written notice given as
herein provided, shall designate, provided that no party may require notice to be sent to more than two (2)
addresses. Any notice given in any other manner shall be effective only upon receipt by the addressee.
Article 8. Miscellaneous.
8.1 Entire Agreement; Modification. This Agreement embodies the entire agreement and
understanding between Seller and Purchaser, and supersedes any prior oral or written agreements, relating
to this transaction. This Agreement may not be amended, modified or supplemented except in a writing
executed by both Seller and Purchaser. No term of this Agreement shall be waived unless done so in
writing by the party benefited by such term.
18.2 Survival; No Merger. The terms of this Agreement shall survive and be enforceable after the
Closing and shall not be merged therein.
18.3 Governing Law. This Agreement shall be construed under and governed by the laws of the
State of Minnesota.
18.4 Severability. If any term of this Agreement or any application thereof shall be invalid or
unenforceable, the remainder of this Agreement and any other application of such term shall not be
affected thereby.
18.5 Time of the Essence. Time is of the essence under this Agreement.
18.6 Construction. The rule of strict construction shall not apply to this Agreement. This
City Council 04-11-05 13
Agreement shall not be interpreted in favor of or against either Seller or Purchaser merely because of their
respective efforts in preparing it.
18.7 Captions, Gender, Number and Language of Inclusion. The article and section headings in
this Agreement are for convenience of reference only and shall not define, limit or prescribe the scope or
intent of any term of this Agreement. As used in this Agreement, the singular shall include the plural and
vice versa, the masculine, feminine and neuter adjectives shall include one another, and the following
words and phrases shall have the following meanings: (i) "including" shall mean "including but not limited
to", (ii) "terms" shall mean "terms, provisions, duties, covenants, conditions, representations, warranties and
indemnities", (iii) "any of the Property" or "any of the Real Property" shall mean "the Property or any part
thereof or interest therein" or "the Real Property or any part thereof or interest therein", as the case may be,
(iv) "rights" shall mean "rights, duties and obligations", (v) "liabilities" shall mean "liabilities, obligations,
damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including
reasonable attorneys' fees", (vi) "incurred by" shall mean "imposed upon or suffered or incurred or paid by
or asserted against", (vii) "applicable law" shall mean "all applicable Federal, state, county, municipal, local
or other laws, statutes, codes, ordinances, rules and regulations", (viii) "about the Property" or "about the
Real Property" shall mean "in , on, under or about the Property" or "in, on under or about the Real
Property", as the case may be, (ix) "operation" shall mean "use, non-use, possession, occupancy,
condition, operation, maintenance or management", and (x) "this transaction" shall mean "the purchase,
sale and related transactions contemplated by this Agreement".
18.8 Binding Effect. This Agreement shall inure to the benefit of and shall bind the respective
heirs, executors, administrators, successors and assigns of Seller and Purchaser.
18.9 Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be an original, but all of which together shall constitute one instrument.
Article 19. Recording. Neither party shall record this Agreement. In the event Purchaser records
this Agreement, this Agreement shall automatically terminate and Seller shall have the remedies set forth in
the Section entitled "Default'.
Article 20. Offer. This proposal shall expire unless accepted in writing, by Purchaser and Seller, as
evidenced by their signatures below, the offering party receives notice of such acceptance and Purchaser
deposits the Earnest Money on or before noon on December 17, 2004 (Acceptance Deadline). If accepted,
this document shall become a contract between Seller and Purchaser.
SIGNATURE PAGE
FOR
PURCHASE AGREEMENT
BETWEEN
NORTHERN STATES POWER COMPANY (MINNESOTA)
AND
CITY OF MAPLEWOOD
Seller and Purchaser have caused this Agreement to be executed and delivered as
of the date first above written.
SELLER:
NORTHERN STATES POWER COMPANY,
MINNESOTA
is
Gina L. Bulloch
City Council 04-11-05 14
Its: Director, Corporate Real Estate_
PURCHASER:
CITY OF MAPLEWOOD
Bv:
Its:
And
By:
Its:
EXHIBIT A
Legal Description of the Land
A severed parcel over and across the following described property:
TRACT A, REGISTERED LAND SURVEY NO. 262, files of the Registrar of Titles, Ramsey County,
Minnesota.
Said severed parcel is all that part of above-described property which lies southerly and
southeasterly of a line drawn parallel and concentric with and distant 50.00 feet northerly and northwesterly
from the following described line and its extensions: Commencing at the northeast corner of the Northeast
Quarter of the Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of
North 89 degrees 44 minutes 58 seconds East along the north line of the Northeast Quarter of said Section
3, for 535.77 feet; thence southwesterly for 908.99 feet along a non-tangential curve, concave to the
southeast, radius 850.00 feet, central angle 61 degrees 16 minutes 20 seconds, the chord of the said curve
bears South 59 degrees 06 minutes 48 seconds West to the beginning of the line to be described; thence
South 28 degrees 28 minutes 38 seconds West for 1007.59 feet to a point of curvature; thence
southwesterly for 495.09 feet along a tangential curve, concave to the northwest, radius 460.00 feet, central
angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25 seconds West for
200.00 feet and said line there terminating.
P.I.N. #: 03-29-22-21-0002
EXHIBIT B
PERMITTED EXCEPTIONS
The lien for real property taxes not yet due and payable.
Utility and drainage easements.
Building and zoning laws, ordinances, and state and federal regulations.
Restrictions relating to use or improvement of the Property.
Reservation of any mineral rights to the State of Minnesota.
Perpetual right and easement to erect and maintain a line of towers and wires for the
transmission of electrical current including telephone wires, granted to Northern States Power
Company by easement recorded in Book 75 of Misc., Page 136.
Easement granted to Northern States Power Company of a perpetual right, privilege and
easement to construct, operate, maintain, use, rebuild or remove electric transmission
lines with all towers, structures, poles, crossarms, cables, wires, guys, supports,
counterpoises, fixtures and devices over, across and upon a strip 225 feet in width, and
recorded as Doc. No. 514455.
Right of Way Conveyance granted to Standard Oil Company to lay, maintain, inspect,
operate, replace, change or remove a pipeline for the transmission of oil, gas, or the
products thereof, filed for record as Doc. No. 243980, Said Right of Way Conveyance
having been assigned to the American Oil Company, a Maryland corporation, by Doc.
No. 426627, which Right of Way Conveyance has been confined to a Strip 50 feet in
width, by Doc. No. 591006, the location of said strip being as described in said partial
release.
City Council 04-11-05 15
Seconded by Councilmember Koppen Ayes -All
4. Dahl Avenue, Street and Utility Improvements for the Woodhill Development, Project 05-
10 — Accept Petition Requesting Public Improvement and Resolution Ordering
Preparation of Feasibility Study
a. City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution ordering the preparation of the
feasibilitv studv for the Dahl Avenue. Street Utilitv Improvements for the Woodhill Development.
City Project 05-10:
RESOLUTION 05-04-043
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make Dahl Avenue, Street and Utility Improvements for the
Woodhill Development, City Project 05-10, 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.
report.
FURTHERMORE, funds in the amount of $5,000 are appropriated to prepare this feasibility
Seconded by Councilmember Monahan-Junek Ayes -All
5. Myrtle Street Drainage Improvement, City Project 05-11 — Resolution Ordering
Preparation of Feasibility Study
a. City Manager Fursman presented the staff report.
b. Public Works Director Ahl presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution ordering the preparation of
the feasibility study for the Myrtle Street Drainage Improvements, Project 05-11:
RESOLUTION 05-04-044
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the Myrtle Street Drainage Improvements,
City Project 05-11, 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
City Council 04-11-05 16
should best be made as proposed or in connection with some other improvement, and the estimated
cost of the improvement as recommended.
report.
FURTHERMORE, funds in the amount of $5,000 are appropriated to prepare this feasibility
Seconded by Councilmember Rossbach Ayes -All
6. Municipal State Aid Street Revision — Resolution Requesting Designation of Sterling
Street and Brookview Drive as Municipal State Aid Routes
a. City Manager Fursman presented the staff report.
b. Public Works Director Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution approving the request to
designate Sterling Street and Brookview Drive as Municipal State Aid Street Routes:
RESOLUTION 05-04-045
REQUESTING DESIGNATION OF MUNICIPAL STATE AID STREET ROUTES
WHEREAS, the City of Maplewood may designate up to 20% of its local streets as
Municipal State Aid Streets, and
WHEREAS, the City Engineer has reported that 0.83 miles of streets remain available
for designation within the City of Maplewood, and
WHEREAS, pursuant to Department of Transportation State Aid for Local Transportation
Division, State Aid Operations Chapter 8820 Rules, 8820.0700 Selection Criteria, the City
Engineer has reported the following regarding Sterling Street between 1-94 right-of-way (Hudson
Place) and Brookview Drive and Brookview Drive from Sterling Street to Century Avenue:
The justification for designating these routes is as follows:
Each route functions as a neighborhood collector to access a major arterial, 1-94, and a major
collector, Century Avenue, and functions as a local bypass of the arterial system.
Each route connects points within the community of traffic interest, parks, and recreational
areas within the urban municipality.
Each route provides an integrated street system affording a network consistent with projected
traffic patterns. The termini of these segments are 1-94 trunk highway right-of-way (Hudson
Place) to the west and Century Avenue, a trunk highway, on the eastern end. Sterling Street
from 1-94 right-of-way (Hudson Place) to Brookview Drive is 0.13 miles. Brookview Drive from
Sterling Street to Century Avenue is 0.50 miles.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The designation of Sterling Street from 1-94 right-of-way (Hudson place) to Brookview
Drive and Brookview Drive from Sterling Street to Century Avenue is hereby requested of the
District State Aid Engineer for approval.
2. The City Engineer is hereby directed to forward a copy of this resolution to the MnDOT
District State Aid Engineer requesting his concurrence and requesting he forward said
resolution to the Commissioner of Transportation certifying said designation.
Seconded by Councilmember Monahan-Junek Ayes -All
City Council 04-11-05 17
7. Dispatch Consolidation Consideration
a. City Manager Fursman presented the staff report and specifics from the report.
b. Police Chief Thomalla and Fire Chief Lukin presented additional specifics from the
report.
C. Former Mayor George Rossbach addressed the Council.
d. Commissioners McDonough, Reinhardt and the newly hired county dispatch manager
Scott Williams, answered questions of the council.
e. Mayor Cardinal submitted the following two documents into the record:
City Council 04-11-05 18
f. Mayor Cardinal read the following document into the record:
City Council 04-11-05 19
City Council 04-11-05 20
City Council 04-11-05 21
Mayor Cardinal moved to direct the City Manager to proceed with negotiations with the County
for dispatch consolidation.
Seconded by Councilmember Rossbach
Ayes -Mayor Cardinal,
Councilmembers Koppen, Monahan-
Junek and Rossbach
Nay-Councilmember Juenemann
Mayor Cardinal moved to direct City Manager Fursman to take action to consider consolidation
with Ramsey County and start negotiating on the agreement.
Seconded by Councilmember Rossbach
Ayes -Mayor Cardinal,
Councilmembers Koppen, Monahan-
Junek and Rossbach
Nay-Councilmember Juenemann
City Manager Fursman defined the principals of the proposal.
Councilmember Monahan-Junek moved to reconsider.
Seconded by Councilmember Juenemann
Ayes -All
Mayor Cardinal moved to agree in principal to the terms of the offer. Then Maplewood will
move in the direction of consolidated dispatching with the intent of contracting with Ramsey
County provided:
City Council 04-11-05
22
L.
M.
■ An acceptable contract can be negotiated.
■ A dispatching protocol acceptable to Chief Lukin and Chief Thomalla is established.
■ If contract conditions and dispatching protocols cannot be agreed to, Maplewood will
reconsider its position.
Mayor Cardinal added that all of the unanswered questions from the evening need to be
answered
Councilmember Monahan-Junek asked City Attorney Kelly to define "agree in principal."
Seconded by Councilmember Koppen
A five minute recess was taken.
VISITOR PRESENTATIONS
Ayes -Mayor Cardinal,
Councilmembers Koppen, Monahan-
Junek and Rossbach
Nay-Councilmember Juenemann
Bob Erickson, 47 Kingston, Maplewood, provided council with an update on the traffic
problems on his street and statewide.
COUNCIL PRESENTATIONS
City Clean -Up Day-Councilmember Juenemann reminded citizens that Saturday,
April 23 d is City Clean Up Day at the Aldrich Arena site. A nominal fee is charged for
most items. Details can be found on the city website.
2. Environmental Committee — Councilmember Juenemann informed residents
that the Committee is working on a storm water brochure that will be released in
the near future. Also, Sub -committees have been formed to pick a city pond or wetland
to clean-up and restore. The committee is also working on a tree planting program for
2006.
3. NEST — Councilmember Rossbach reported on the last NEST meeting and updated the
council on financial struggles the program is having.
4. Minnesota Legislative Day — Councilmember Rossbach informed council of the
Legislative Day that he, Councilmember Juenemann and City Manager Fursman
attended.
5. Barns of Minnesota — Wednesday, May 11, 2005, Heart of the Farm will be held at the
Maplewood Community Center, with Bruentrup Farm being featured.
6. Cops and Lobsters-Councilmember Juenemann requested that Police Chief Thomalla
give a report on their Cops and Lobster's program at the Red Lobster Restaurant, which
will be held on April 27, 2005, 5:00 p.m. to close.
7. Code Enforcement -Mayor Cardinal reminded residents that the code for the parking of
cars on your property will be enforced by fines. Cars must be parked on a hard
surface, not grass.
City Council 04-11-05
23
N. ADMINISTRATIVE PRESENTATIONS
White Bear Avenue Parade
Assistant City Manager Coleman asked council to respond to her within a couple days if
they would like to participate in the WBA parade on Thursday, July 14, 2005.
O. ADJOURNMENT
Councilmember Juenemann moved to adjourn the meeting at 10:00 p.m.
Seconded by Councilmember Koppen Ayes - All
City Council 04-11-05 24
ajC2416"', //j ! OCJ
Yx✓Y � pQ�eSt,�
PSAP Consolidation Consideration With Ramsey County
1. Should utilize the largest and fastest telecommunications platform
with unrivaled high-speed, high-volume notification and call -
handling capabilities.
2. Should share information and receive feedback from employees,
customers, and affiliated agencies quickly, directly, and reliably at
any time.
3. Should provide an on -demand back-up for all call centers, to
taking calls and making calls simultaneously and without
interruption.
4. Should be able to handle a high volume of inbound calls in a short
time, especially in the event of an emergency, also, can quickly
overload all switchboards and call centers.
5. Should be able to answer every inbound call while keeping
outbound lines open.
6. Should allow meeting the ongoing needs of communities without
interruption.
7. Should have no caller receive a busy signal and can immediately
provide information instruction and peace of mind.
8. Should make all organizations more capable and responsive.
9. Should ensure the continuity of operations and free up people to
focus on their core responsibilities.
10. Recognize the limitations and vulnerabilities of an on-site system;
the costs of managing and maintaining a self -operated, on-site
system.
11.All future system upgrades should be available automatically at no
additional cost; a solution that will never become obsolete.
12.Trust the most critical communications solutions to be completely
secure, redundant, and reliable.
13.Teams such as emergency management or executive to be secure
for conference bridge up to 75 people being always available.
14. World-class support available always live, and around the clock
help desk.
15.Systems should be continually tested, ably backed up with UPS
generators.
16. Community's confidence should never be compromised.
17. System as a high-speed, high-volume notification and inbound call
handling system that is accessed, controlled, and maintained via
the Internet.
18.Should make available more than 3,000 outdial VRU ports (lines)
and additional 30,000 inbound VRU ports. Plus, 30,000 fax ports.
Should have large call capacity and a system to offer inbound call
handling. This means that 180,000 thirty-second outgoing calls
could be made per hour, without affecting volume of incoming
calls received and rerouted simultaneously.
19.Should allow searchable, sortable database and GeoCoded
mapping features which allows to isolate a calling area by simply
outlining it on a map, and then the database ensures you have the
most current and complete calling information available. This
eliminates the need to build and maintain own database.
20. Should be prepared for any situation, even ones that have not been
anticipated.
21. Should allow setting up the system requirements with no
equipment to be purchased, no phone lines to be installed, and no
software to be maintained. This means equipment on-site cannot
be disabled in the event of a physical catastrophe at the site
location.
22. System operated via the Internet with 100% generated backup, to
ensure continuity of operations. System will operate even if there
is an interruption in the electrical supply.
23. System help desk available 24 hours a day, ' every day of the year
for technical support or for assistance in executing a notification
procedure should our Internet access be unavailable.
24. System to include no hardware or software to purchase or
maintain, and requires no additional phone lines. Installation, time
and expense would be minimal, and any future system upgrades
would be automatically made available to all users at no additional
cost.
25.System should be able to be used for any number of both
emergency and day-to-day uses, including the call-up of
emergency teams and key personnel or mass public notification
alerts for severe weather warnings, evacuation instructions, or
AMBER Alerts. System should allow calling lists to be generated
from existing in-house databases, and GeoCoded mapping
functions.
26. Using massive inbound call handling capability being offered
should handle Public Safety use of existing numbers to establish
public information hotlines. Providing this information on -
demand should greatly reduce the burden on the 9-1-1 system and
local dispatching call centers, which in turn allows emergency
personnel to focus on the event.
27. System should allow to reach key personnel and officials
regardless of their location; providing real-time reporting so that
the status of each call can be confirmed.
28.You don't know what you don't know.
Agenda Item G4
MEMORANDUM
TO: City Manager
FROM: Steve Lukin, Fire Chief
SUBJECT: TEMPORARY IMPOUND LOT CONTRACT
DATE: April 11, 2005
Ih, III f1:101ell[O7Us] TI
At the March 28, 2005 Council Meeting, the city council approved the lease agreement between
Mark Ashby and the city of Maplewood for a temporary impound lot at 1160 Frost Avenue. After
further review of the agreement by Mr. Ashby, he asked that the following be added to the
agreement on page 4, #16
HAZARDOUS MATERIALS. Lessee shall solely be responsible for any and all liability
or remediation of hazardous materials on the Premises including any item of a
dangerous, flammable or explosive character that might unreasonably increase the
danger of fire or explosion on the Premises or that might be considered hazardous or
extra hazardous by any responsible insurance company upon entry of the premises for
the direction of the tenancy.
This addition to the agreement was reviewed and approved by the city attorney.
RECOMMENDATION
I recommend that the city council approve the addition of #16 to the impound lot lease agreement.