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HomeMy WebLinkAbout04-11-20050 :j C. 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 City Council 04-11-05 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 City Council 04-11-05 2 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 City Council 04-11-05 3 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 City Council 04-11-05 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: City Council 04-11-05 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 City Council 04-11-05 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 City Council 04-11-05 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 City Council 04-11-05 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 City Council 04-11-05 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. City Council 04-11-05 10 (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.