HomeMy WebLinkAbout08-16-2007 Continuation of Meeting 08-13-07MINUTES
MAPLEWOOD CITY COUNCIL
5:00 p.m., Thursday, August 16, 2007
Council Chambers, City Hall
Meeting No. 07-014
A.
B.
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 5:00 p.m. by Mayor Longrie. This meeting is a continuation of the City Council Meeting
Monday, August 13, 2007.
ROLL CALL
Diana Longrie, Mayor Present
Rebecca Cave, Councilmember Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
Will Rossbach, Councilmember Present
C. CONSENT AGENDA
Councilmember Juenemann moved to adopt consent agenda items 1, 2, 3, 6, 8, 9, 10, 12.
Seconded by Councilmember Hjelle.
Ayes- All
Councilmember Hjelle moved to adopt consent agenda item 4.
Seconded by Councilmember Cave.
Ayes- All
Councilmember Rossbach moved to adopt consent agenda item 5.
Seconded by Councilmember Cave.
Ayes- All
Councilmember Juenemann moved to adopt consent agenda item 7.
Seconded by Councilmember Cave.
Ayes- All
Councilmember Juenemann moved to adopt consent agenda item 11.
Seconded by Councilmember Hjelle.
Ayes- All
Councilmember Juenemann moved to adopt consent agenda item 13.
Seconded by Councilmember Hjelle.
August 16, 2007, City Council Meeting
Ayes- All
1
1. Approval of Claims.
Councilmember Juenemann moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 103,104.17
Checks #73157 thru #73195
Dated 07/17/07 thru 07/24/07
$ 317,072.09 Disbursements via debits to checking account
Dated 07/13/07 thru 07/19/07
$ 713,718.31 Checks #73196 thru #73265
Dated 07/20/07 thru 07/31/07
$ 124,327.88 Disbursements via debits to checking account
Dated 07/20/07 thru 07/26/07
$ 356,993.54 Checks #73266 thru #73311
#REF!
Dated 07/31/07 thru 08/07/07
$ 2,325,301.62 Disbursements via debits to checking account
Dated 07/27/07 thru 08/01/07
3,940,517.61 Total Accounts Payable
PAYROLL
$ 578,561.60 Payroll Checks and Direct Deposits dated 07/27/07
$ 2,624.93 Payroll Deduction check #1002713 thru #1002715
Dated 07/27/07
$ 581,186.53 Total Payroll
$ 4 521 704 14 GRAND TOTAL
Seconded by Councilmember
Ayes -All
August 16, 2007, City Council Meeting
2
2. Donation to Maplewood Police Reserves.
Councilmember Juenemann moved Approval of the Donation to Maplewood Police Reserves.
Seconded by Councilmember Hjelle. Ayes -All
3. Authorization to sign Sprint Agreement for Installation of Signal Amplifying Equipment.
It is recommended that authorization be given to sign the Sprint agreement for the installation of
signal amplifying equipment.
Councilmember Juenemann moved to approve Authorization to sign Spring Agreement for
Installation of Signal Amplif~ng Equipment.
Seconded by Councilmember Hjelle. Ayes -All
4. Authorization to Pay Sprint/Nextel Bill.
It is recommended that authorization be given to pay the Sprint/Nextel July 13, 2007, invoice in
the amount of $5,396.18 and authorize all future payments without specific City Council action.
Councilmember Hjelle moved to approve Authorization to Pay Sprint/Nextel Bill.
Seconded by Councilmember Cave. Ayes -All
5. Authorization to Purchase Insurance Agent Services.
Authorization is requested to purchase insurance agent services from Arthur J. Gallagher and
Company at a cost of $9,350.00. This company is needed for the renewal of the city's property
and liability insurance coverage that is with the League of Minnesota Cities Insurance Trust.
Councilmember Rossbach moved to approve the Authorization to Purchase Insurance Agent
Services.
Seconded by Councilmember Cave. Ayes -All
6. Resolution Accepting Election Judges for the September 11, 2007, Primary Election.
Councilmember Juenemann moved to approve accepting Election Judges for the September 11,
2007, Primary Election.
August 16, 2007, City Council Meeting 3
RESOLUTION 07-08-135 ACCEPTING ELECTION JUDGES
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election
Judges for the 2007 Municipal Primary Election, to be held on Tuesday, September 11, 2007.
Jeanne Bortz
Mary Boyd
Ann Marie Breidenstein
Joanne Brown
Jennette Bunde
Joan Button
James Byers
Lucille Cahanes
Joyce Carborne
Jeanette Carle
Robert Carr
Ann Cleland
Debra Cohn Madson
Thomas Connelly
Colleen Connolly
Jason Cooper
Marianne Davidson
Edward Deeg
Loree Dempsey
Maria Deshler
Priscilla DeVeau
Judy Dicks
Helen Jean Dickson
Diane Droeger
Fred DuCharme
Audrey Duellman
Carolyn Eickhoff
Elizabeth Erickson
Ann Fallon
Lorraine Fischer
Mary Fischer
Delores Fitzgerald
Stephen Flister
Anne Fosburgh
James Franzen
MaryJo Freer
Patricia Fry
Mark Gaines
Jessica Gibson
Diane Golaski
Roy Gunther
Rosie Guthrie
Donita Haack
Lisa Hasledalen
Kathryn Hatlestad
Lloyd Hecht
Gordon Heininger
Barb Hilliard
Constance Hines
Gary Hinnenkamp
Mary Holzemer
Shirlee Horton
Jeanette Hulet
Marie Hunt
Lynn Huntoon
Mildred Iversen
Gwendolyn Jefferson
Chris Jenkins
Judith Johannessen
Barbara Johnson
Carmen Johnson
Joyce Jurmu
Harold Kirchoff
Kalie Kleiter
Rosemary Kliever
Rosemary Koch
Julie Kohuth
Joan Kolasa
Dennis Kramer
Patricia Kramer
Mona Lou Krekelberg
Lisa Kroll
Josephine Krominga
Marvella Lackner
Rita Lally
Charlotte Lampe
Anita Larson
Lorraine Lauren
Donna Lawrence
Barbara Leiter
Ann Leo
Pati Leo
Claudette Leonard
Steve Lincowski
Vi Lincowski
Jackie Lockwood
Audrey Lodge
Delores Lofgren
Richard Lofgren
Darlene Loipersbeck
Shari Lowe-Adams
Rebecca Lund
Robert Lundgren
Shirley Luttrell
Colin Madson
Valerie Mahowald
Carol Mahre
Jeri Mahre
John Manthey
Delores Marsh
Thomas Maskrey
Sharon McGinnis
Geraldine Mechelke
Marylou Mechelke
Jackie Meyer
Polly Meyerding-
Dedrick
Joan Misgen
Betty Mossong
Gerry Muraski
Tina Nguyen
James Nieman
Louise Nieters
Helen Nissen
Ann Norberg
D. William (Bill)
O'Brien
Lois Olson
Kenneth Paddock
David Pehl
Mike Popham
William Priefer
Karla Radermacher
Carol Roller
Holly Rome
Fran Rongstad
Charles Rowe
Elaine Rudeen
James Sanford
Pauline Satriano
Elmer Sauer
Kathleen Sauer
Deborah Schmidt
MaryAnn Schneider
Harriet Schroepfer
Louise Schultz
William Schulze
Ananth Shankar
Bob Spangler
Louis Spies
Tim Stafki
Pam Stephanie
Sandra Stevens
Mary Storm
Lorraine Taylor
Rita Taylor
Jean Theissen
Leila Tillman
Franklin Tolbert
Dale Trippler
Cecilia Tucker
Connie Unger
Holly Urbanski
William Urbanski
Beulah VanBlaricom
Kathy VanderPoll
Mary Vanek
Jeremy Vargas-Mulcahy
Mary Vatne
Phyllis Volkman
Gene Wandersee
Gary Wasmundt
Gayle Wasmundt
John Willy
Delores Witschen
Karen Zacho
Betty Granger
Jamie Gudknecht
Jaclynn Gunn
Seconded by Councilmember Hjelle.
Ayes -All
August 16, 2007, City Council Meeting
Scott Zager
Courtney Zuercher
Maggie Zuercher
4
7. Chili's Restaurant Fund Raiser for St. Jude's Children's Research -Fee Waiver.
Mr. Mongoven has requested that the $200 fee be waived since this is a fund raising event for St.
Jude's.
Councilmember Juenemann moved to approve the Chili's Restaurant Fund Raiser for St. Jude's
Children's Research -Fee Waiver.
Seconded by Councilmember Cave. Ayes -All
8. St. Jerome's Temporary Gambling Resolution and Fee Waivers.
Councilmember Juenemann moved to approve the St. Jerome's Temporary Gambling Resolution
and Fee Waivers.
TEMPORARY GAMBLING RESOLUTION 07-08-136
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the temporary gambling permit for lawful gambling is approved for the Church of St.
Jerome's, 380 E. Roselawn Avenue, to be used on September 16, 2007.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City
Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division
for their approval.
As required, a certificate of coverage for liquor liability insurance from Catholic
Mutual with an endorsement protecting the City was required and received.
On behalf of St. Jerome's, Mr. McCauley is requesting that the fees for the event be
waived as have been in prior years.
Seconded by Councilmember Hjelle. Ayes -All
9. Conditional Use Permit Review -Liberty Classical Academy - 2696 - 2730
Hazelwood Street.
It is recommended that the Conditional Use Permit Review for Liberty Classical Academy at 2696
- 2730 Hazelwood Street to be reviewed again in one year.
Councilmember Juenemann moved to approve the Conditional Use Permit Review -Liberty
Classical Academy at 2696 and 2730 Hazelwood Street.
Seconded by Councilmember Hjelle. Ayes -All
August 16, 2007, City Council Meeting 5
10. Authorize Purchase of Manhole Castings and Covers for City Project 07-01,
Brookview Area Street Improvements.
It is recommended that the city council approve the purchase of manhole castings and covers
from ESS Brothers Inc. in the amount of $19,446.90.
Councilmember Juenemann moved to approve the Authorization to Purchase Manhole Castings
and Covers for City Project 07-01, Brookview Area Street Improvements.
Seconded by Councilmember Hjelle. Ayes -All
11. Approve Storm Water Maintenance Agreement for Walgreen's at Rice and
Larpenteur City Project 06-23.
Councilmember Juenemann moved to approve the Storm Water Maintenance Agreement for
Walgreen's at Rice and Larpenteur City Project 06-23.
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of August 2007,
by and between the City of Maplewood, a municipality under the laws of the State of
Minnesota (hereinafter called "City"), and Rice-17, L.L.C., a Minnesota corporation,
(hereinafter called "Landowner").
Witnesses:
Purpose. The City has determined that it is consistent with the City's plans, regulations,
purposes and goals to provide a water quality protection system for the property
described herein as follows and as shown on Exhibit A attached hereto:
St. Aubin and Dion's Rice Street Addition to the City of St. Paul, Ramsey Co.,
Minnesota Subject to Road and Water Works Right-of-Way, Vacated Street and
Alleys Accruing and For Lots 1 Thm 9 and Lots 17 Thru 25 Blk 8.
It is understood that the Landowner shall be responsible for installing one (1)
VortSentry Underground Hydrodynamic Storm Water Treatment Unit ("Treatment Unit")
as shown on Exhibit 1, as well as the one (1) Underground Storm Water Retention
System ("Retention System"), and one (1) EcoStorm Underground Hydrodynamic Storm
Water Filtration Unit ("Filtration Unit") as shown on Exhibit 2 attached hereto, and the
owners from time to time of the Property (the "Owners") shall be responsible for the cost
August 16, 2007, City Council Meeting 6
associated with maintaining the storm waterfiltration unit, retention system and
treatment unit. It is further understood that the Owners shall also be responsible for the
regular cleaning and maintenance of the filtration unit and treatment unit to insure full
working capacity of each treatment measure.
It is understood between the parties that the City shall not be responsible for the
initial cost of installing the Treatment Unit, Filtration Unit and Retention System. This
shall be the sole responsibility of the Landowner and Owners.
1. Responsibilities of the Parties.
a) The Landowner shall be responsible for any costs related to the
installation of the storm water Filtration Unit, Treatment Unit and
Retention System.
b) The Owners shall be responsible for annual cleaning and
maintenance of the storm water Filtration Unit, Retention System and
Treatment Unit.
c) The Owner shall provide to the City an annual inspection report of the
maintenance work. The City and/or the Capital Regions Watershed
District ("Watershed District") may, from time to time inspect the site to
determine whether or not the storm water Filtration Unit, Retention
System, and Treatment Unit are being maintained and operating
properly.
3. Right of Access. The Landowner hereby grants to the City and the
Watershed District the right to enter onto the property to inspect and monitor the
Filtration Unit, Retention System and Treatment Unit. In the event the City or Watershed
requires repairs or maintenance to the storm water Filtration Unit, Retention System or
Treatment Unit, the Owner shall have thirty (30) days in which to make said repairs and
maintenance. If the Owner fails to make said repairs and maintenance within thirty (30)
days after receiving said notice from the City, they shall grant the City the right to enter
August 16, 2007, City Council Meeting 7
on the property to make any repairs and maintenance necessary to make the Filtration
Unit, Retention System and Treatment Unit operate to their full capacity. The Owner
shall be responsible to the City for any and all fees and costs associated with said
maintenance and repairs. Any maintenance or repair activities conducted by the City
shall be conducted in a way as to not block access to the property or disrupt the
operations of the property and its business, except as minimally necessary to make
repairs.
4. Warranty of Ownership. Landowner hereby warrants and represents to the
City, as inducement to the City to enter into this Agreement, that Landowner's interest in
the property is as fee owner.
Landowner warrants that he/she has the right and authority to enter into said Agreement.
5. Binding Effect. The terms and provisions of this Agreement shall be binding
on all heirs, representatives, successors and assigns of the parties hereto and shall be
binding on all owners from time to time of all or any part of the Property and shall be
deemed covenants running with the land. References herein to Owners, if there be
more than one, shall mean all of them. This Agreement, at the option of the City, shall
be placed of record so as to give notice thereof to subsequent purchasers and
encumbrancers of all or any part of the Property.
Landowner hereby consents to the recording of this Agreement with the Ramsey
County Recorder.
6. Notices. Whenever it shall be required or permitted by this Agreement that
notice or demand be given or served by either party to or on the other party, such notice
or demand shall be delivered personally or mailed by United States mail to the
addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed
timely given when delivered personally orwhen deposited in the mail in accordance with
the above. The addresses of the parties hereto for such mail purposes are as follows,
until written notice of such address has been given:
August 16, 2007, City Council Meeting $
As to the City: City of Maplewood
1902 County Road B East
Maplewood, MN 55109
As to the Landowner: Rice-17, L.L.C.
601 Marquette Ave. S
Suite 100
Minneapolis, MN 55402
IN WITNESS WHEREOF, the City and Landowner have caused this Agreement to be duly
executed on the day and year first above written.
LANDOWNER:
Rice-17. L.L..C.
BY
TITLE
TITLE
BY
August 16, 2007, City Council Meeting 9
STATE OF MINNESOTA
COUNTY OF RAMSEY
The foregoing instrument was acknowledged before me this day of ,
2007 by ,the
Landowner.
Notary Public
CITY OF MAPLEWOOD
Diana Longrie, Mayor
STATE OF MINNESOTA
COUNTY OF RAMSEY
of Rice-17, L..L.C., the
The foregoing instrument was acknowledged before me this day of ,
2007 by Diana Longrie, Mayor of the City of Maplewood, a Minnesota municipal corporation.
Notary Public
Greg Copeland, City Manager
August 16, 2007, City Council Meeting 10
STATE OF MINNESOTA
COUNTY OF RAMSEY
The foregoing instrument was acknowledged before me this day of
2007 by Greg Copeland, City Manager of the City of Maplewood, a Minnesota municipal
corporation.
Notary Public
Seconded by Councilmember Hjelle. Ayes -All
August 16, 2007, City Council Meeting 11
12. Desoto Skillman Area Street Improvements, City Project 06-16, Approve Doug
Jones Parking Bay Agreement and Assessment Hearing Waiver.
Councilmember Juenemann moved to approve the Desoto Skillman Area Street Improvements,
City Project 06-16, Approving Douq Jones Parking Bay Agreement and Assessment Hearing
Waiver.
AGREEMENT
This Agreement, dated the 16th day of August 2007, is between the City of Maplewood,
a Minnesota municipal corporation (hereinafter "City") and North Maplewood Townhomes, LLC,
a Minnesota limited liability company.
WHEREAS, the City is undertaking projects known as Desoto Skillman Area Street
Improvement, Project Number 06-16;
WHEREAS, North Maplewood Townhomes, LLC owns property in the Project Area,
described by address and property identification numbers as:
2019 Desoto: PIN - 172922230001
2007 Desoto: PIN - 172922230002
1993 Desoto: PIN - 172922230003
1997 Desoto: PIN - 172922230093
1994 Clark: PIN - 172922230006
2008 Clark: PIN - 172922230007
2020 Clark: PIN - 172922230008
2025 Clark: PIN - 172922230009
2011 Clark: PIN - 172922230010
1999 Clark: PIN - 172922230011
1985 Clark: PIN - 172922230012
WHEREAS, the City has conducted public hearings for the Desoto Skillman Area Street
Improvements.
NOW THEREFORE, the City and North Maplewood Townhomes, LLC agree to make the
following agreement:
1. North Maplewood Townhomes, LLC represents and warrants to the City that:
A. It has all requisite power and authority to execute this Agreement, and the officer
of North Maplewood Townhomes, LLC who did or will execute the same for and on
behalf of North Maplewood Townhomes, LLC has the power and the authority to
do so and to bind North Maplewood Townhomes.
B. It will act reasonably and exercise due diligence in the performance of the acts
permitted or required under this Agreement.
C. It will cooperate with all reasonable requests by the City related to this
Agreement that do not detrimentally affect the basis of the terms of this
Agreement.
2. North Maplewood Townhomes, LLC shall perform the following:.
August 16, 2007, City Council Meeting 12
A. Pay to the City $19,265.13 in assessments for sanitary sewer on Clark Street and
parking improvements along Mt. Vernon Avenue for the North Maplewood
Townhomes Property. The breakdown of assessments is as follows:
Sanitary Sewer $ 9,827.98 (Assessed to 1985 Clark Street)
Parking Bays $ 9,437.15 (Assessed to All Properties)
Total $ 19,265.13
North Maplewood Townhomes, LLC has been advised of its right to notice and a public
hearing and right to appeal concerning the assessments proposed against the North
Maplewood Townhomes, LLC Property with the amount to be $19,265.13. The
assessments are to be paid over a fifteen (15) year period at an interest rate of 6%. North
Maplewood Townhomes, LLC expressly agrees to waive the notice of hearing, hearing
and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061,
et al. Minnesota case law supports waiver of assessment procedures such as the right of
notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953).
3. Severability. If any term of this Agreement is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Agreement, which shall continue in full force
and effect.
4. Arbitration. It is agreed by the parties that any differences, dispute or claim which arises
under and pursuant to this Agreement or as to the performance thereof by the parties
hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3)
persons, one selected by the party interested in one side of the dispute, one by the party
interested in the other side of the dispute, and a third person mutually selected and
agreed upon by the first two arbitrators.
Any party shall notify the other party in writing, served by U.S. Mail, certified or registered,
postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and
address of selected arbitrator. The other party shall serve notice of its selected arbitrator
and opposition or other interest in the claim or dispute. The two arbitrators shall select a
third disinterested arbitrator within fifteen (15) days after the response notice stated
above.
Arbitration shall be commenced within forty-five (45) days of the original notice pursuant to
the previous paragraphs hereof, and all proceedings shall be governed by Minnesota
Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive
with respect to all claims and disputes submitted in such arbitration proceedings.
If a party does not respond to an arbitration notice, then the party first serving the
arbitration notice under the previous paragraph shall be entitled by Motion to petition a
court of competent jurisdiction for its order selecting and appointing an arbitrator for said
defaulting party. Any such determination by the Court shall be final, binding and
conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally
among the parties.
5. The City's and North Maplewood Townhomes obligations under this Agreement shall be
conditioned, for the sole benefit of the City and North Maplewood Townhomes, upon the
following:
August 16, 2007, City Council Meeting 13
A. Contingent upon review and approval of final terms by the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
NORTH MAPLEWOOD TOWNHOMES, INC CITY OF MAPLEWOOD
By: By:
Date Diana Longrie Date
Its: Its:
By:
Greg Copeland Date
Its:
August 16, 2007, City Council Meeting 14
MT. VERNON PARKING BAYS
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of August 2007, by and
between the City of Maplewood, a municipal corporation under the laws of the State of Minnesota
(hereinafter called "City"), and North Maplewood Townhomes, LLC a limited liability company,
(hereinafter called "Owner").
Witnesses:
1. Purpose. The City has determined that it is consistent with the City's plans, regulations,
purposes and goals to provide parking bays for the following properties as indicated by address
and property identification number:
2019 Desoto: PIN - 172922230001
2007 Desoto: PIN - 172922230002
1993 Desoto: PIN - 172922230003
1997 Desoto: PIN - 172922230093
1994 Clark: PIN - 172922230006
2008 Clark: PIN - 172922230007
2020 Clark: PIN - 172922230008
2025 Clark: PIN - 172922230009
2011 Clark: PIN - 172922230010
1999 Clark: PIN - 172922230011
1985 Clark: PIN - 172922230012
It is understood that the Owner shall be responsible for financing the cost to have the city
install 2 -parking bays consisting of 4 stalls each in the locations shown on Exhibit A attached
hereto ("Parking Bays").
It is understood that a portion of the parking bays are located within the City's right of way
and that the City has the authority to enter on the portion of the parking bays located within the
right of way.
It is understood between the parties that the City shall not be responsible for the initial
cost of the Parking Bays or the ongoing maintenance costs, which shall be the sole responsibility
of the Owner, respectively.
Responsibilities of the Parties.
a) The Owner shall be responsible for any costs related to the installation of the
Parking Bays.
b) The Owner shall post the parking bays as No Parking for Periods Longer than 24
Hours. The Owner shall be responsible for enforcing the 24 hour parking limit.
c) The Owner shall not post or utilize the parking bays for the exclusive use of the
tenants of the properties described above.
d) The Owner shall be responsible for the maintenance and upkeep of the parking
bays and for snow removal in the parking bays.
e) The Owner shall be responsible for the cost of restoring the parking bays in the
circumstance that the City must enter onto the Parking Bays for construction
required in the right of way.
August 16, 2007, City Council Meeting 15
f) The City shall be responsible for the cost of repairing damage done to the Parking
Bays caused by City vehicles perForming routine street maintenance such as snow
plowing and street sweeping. City vehicles shall not drive on the parking bays.
Warranty of Ownership. Owner warrants that it has the right and authority to enter into
this Agreement.
Binding Effect. The terms and provisions of this Agreement shall be binding on all heirs,
representatives, successors and assigns of the parties hereto and shall be binding on all
Owners from time to time of all or any part of the Property and shall be deemed covenants
running with the land. References herein to Owner, if there be more than one, shall mean
all of them. This Agreement at the option of the City, shall be placed of record so as to
give notice thereof to subsequent purchasers and encumbrancers of all or any party of the
Property.
Owner hereby consents to the recording of this Agreement with the Ramsey County
Recorder.
Notices. Whenever it shall be required or permitted by this Agreement that notice or
demand be given or served by either party to or on the other party, such notice or demand
shall be delivered personally or mailed by United States mail to the addresses hereinafter
set forth by certified mail. Such notice or demand shall be deemed timely given when
delivered personally or when deposited in the mail in accordance with the above. The
addresses of the parties hereto for such purposes are as follows, until written notice of a
change of such addresses has been given in accordance herewith:
As to the City: City of Maplewood
1902 County Road B East
Maplewood, MN 55109
As to the Owner: North Maplewood Townhomes, LLC
2505 Silver Lane N.E.
Minneapolis, MN 55421
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly
executed on the day and year first above written.
OWNER:
North Maplewood Townhomes, LLC
By
Its
August 16, 2007, City Council Meeting 16
STATE OF MINNESOTA
COUNTY OF RAMSEY
The foregoing instrument was acknowledged before me this 16`h day of August 2007 by
,the of North Maplewood Townhomes, LLC.
Notary Public
CITY OF MAPLEWOOD
Diana Longrie, Mayor
STATE OF MINNESOTA
COUNTY OF RAMSEY
The foregoing instrument was acknowledged before me this 16th day of August 2007, by
Diana Longrie, Mayor, of the City of Maplewood, a Minnesota municipal corporation.
Notary Public
Greg Copeland, City Manager
STATE OF MINNESOTA
COUNTY OF RAMSEY
The foregoing instrument was acknowledged before me this 16th day of August 2007, by
Greg Copeland, City Manager, of the City of Maplewood, a Minnesota municipal corporation.
Notary Public
Seconded by Councilmember Hjelle. Ayes -All
August 16, 2007, City Council Meeting 17
13. Brookview Area Street Improvements, (Noise Berm Maintenance Agreement), City
Project 07-01, Approve Resolution Authorizing Maintenance Agreement with
Mn/DOT.
Councilmember Juenemann moved to approve the Brookview Area Street Improvements, (Noise
Berm Maintenance Agreement), City Project 07-01, Approving the Resolution Authorizing
Maintenance Agreement with Mn/DOT.
CITY OF MAPLEWOOD
RESOLUTION 07-08-137
IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 90966 with the
State of Minnesota, Department of Transportation for the following purposes:
To provide Noise Berm Maintenance for the TH 94 and McKnight Road interchange within the
corporate limits of the City of Maplewood upon the terms and conditions set forth in the
Agreement.
IT IS FURTHER RESOLVED that the City of Maplewood Mayor, Diana Longrie, and the City
Manager, Greg Copeland are authorized to execute the Agreement.
August 16, 2007, City Council Meeting 18
CERTIFICATION
State of Minnesota
City of Maplewood
I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of
the City of Maplewood at an authorized meeting held on the day of
2007, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this day of
,2007
Notary Public
My Commission Expires
(Signature)
(Type or Print Name)
(Title)
August 16, 2007, City Council Meeting 19
MINNESOTA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMENT
PREPARED BY
METRO DISTRICT
MAINTENANCE OPERATIONS
AGREEMENT BETWEEN
Mn/DOT
AGREEMENT NO.
90966
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION,
AND
THE CITY OF MAPLEWOOD
FOR
Noise Berm Maintenance for the McKnight Rd and TH 94 interchange within the corporate limits
of the City of Maplewood upon the terms and conditions set forth in this Agreement.
THIS AGREEMENT is made and entered into by and between the State of Minnesota,
Department of Transportation, hereinafter referred to as the "State" and the City of Maplewood,
Minnesota, acting by and through its City Council, hereinafter referred to as the "City".
August 16, 2007, City Council Meeting 20
WHEREAS, City completed construction of the noise berm within the City limits including
engineered fill, grading, and turf establishment, in accordance with City consultant prepared
plans, specifications, and provisions, for which the construction project had been designated
State Aid Project No. 138-148-01, 138-149-01; and
WHEREAS, State and City are empowered to enter into agreements pursuant to
Minnesota Statutes Section 471.59; and
WHEREAS, pursuant to Minnesota Statutes, Section 161.38, the parties desire to enter
into an agreement relating to the routine maintenance of portions of the noise berm adjacent to
Trunk Highway 94 upon the terms and conditions set forth in the Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS
GENERAL PROVISIONS
A. City shall provide for the proper maintenance of the noise berm without cost or expense to
the State. Maintenance shall include inspection and erosion repair necessary to
perpetuate the noise berm in a safe and usable condition.
B. The City shall hold the State harmless from any liability claims due to maintenance of or
failure to maintain the above-described noise berm.
C. If either party needs to modify the noise berm, the State and City will agree to those
modifications and, if needed, enter into a new maintenance agreement.
D. The State retains its authority to administer, issue, and regulate access permits, sign
advertising permits, drainage permits, and permits to install new utilities on trunk highway
rig ht-of-way.
II. CONSIDERATION AND TERMS OF PAYMENT
The City agrees to maintain the noise berm, without cost or expense to the State, in
consideration of the State permitting City's construction of the noise berm on trunk
highway right-of-way.
III. TERM OF AGREEMENT
This Agreement will be in effect until superseded by another agreement between State
and City or until such time that the noise berm is removed.
IV. AUTHORIZED REPRESENTATIVE
A. State's Authorized Representative for the purposes of the administration of this
Agreement is Beverly Farraher, Assistant District Engineer -Maintenance,
Minnesota Department of Transportation Metro District, 1500 West County Road
B2, Roseville, Minnesota 55113, (651) 234-7901, or her successor.
B. The City's Authorized Representative for the purposes of the administration of
this Agreement is R. Charles Ahl, City Engineer, City of Maplewood, 1830 East
County Road B, Maplewood, MN 55109, (651) 249-2402, or his successor.
August 16, 2007, City Council Meeting 21
C. State's Authorized Representative will have final authority for acceptance of maintenance
services performed by City under this Agreement.
V. ASSIGNMENT
A. No party will assign or transfer any rights or obligations under this Agreement, in whole or
in part, without prior written consent of the other.
B. All contracts and agreements made by any party with additional parties for the performance
of any work to be done under this Agreement will be made in accordance with the terms of
this Agreement and comply with State of Minnesota law.
C. This Agreement will not be construed as a relinquishment by State of any powers or
control it may have over the trunk highway covered under this Agreement.
VI. MERGER/AMENDMENTS
This Agreement contains all negotiations and agreements between the State and City. Nc
other understanding regarding this agreement, whether written or oral, may be used to
bind either party. Any amendments to this Agreement must be in writing, and must be
executed by the same parties who executed the original Agreement, or their successors in
office.
VII. LIABILITY
A. The employees and agents of the City will not be deemed to be employees of the State for
any reason.
B. Each party will be solely responsible for its own acts and omissions, the acts and
omissions of its employees, and results thereof to the extent authorized by law. The
parties will not be responsible for the acts of any others and the results thereof.
C. Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736
and liability of City will be governed by Minnesota Statutes Chapter 466. This clause will
not be construed to bar any legal remedies each party may have for the other party's
failure to fulfill its obligations pursuant to this Agreement.
D. Each party to this Agreement will defend at its sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim of whatsoever character
arising in connection with or by virtue of performance of its own work as provided herein.
VIII. WORKERS COMPENSATION
Each party will be solely responsible for its own employees for any workers compensation
claims.
IX. CIVIL RIGHTS
The City must comply with the provisions of Minnesota Statutes Section 181.59, and any
applicable local ordinance relating to civil rights and discrimination.
August 16, 2007, City Council Meeting 22
X. STATE AUDITS
The books, records, documents, and accounting procedures and practices of the City,
relevant to this Agreement, will be subject to examination by the Mn/DOT Auditor, the
Legislative Auditor, or the State Auditor, as appropriate, for no less than six years
following the expiration of this Agreement.
XI. DATA PRACTICES
The State and the City must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party
to this agreement.
XII. AGREEMENT APPROVAL
Before this Agreement will become binding and effective, it must be approved by a City of
Maplewood City Council resolution, and be executed by State and City officers as
provided by law.
IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly
authorized officials:
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
Assistant District Engineer- Metro District Maintenance
COMMISSIONER OF TRANSPORTATION
By
Metro District Authorized Signature
Date
August 16, 2007, City Council Meeting 23
COMMISSIONER OF ADMINISTRATION
By
Authorized Signature
Date
CITY OF MAPLEWOOD, MINNESOTA
Recommended for Approval:
Mayor
Print Name:
Date:
Approved as to form and insurance:
City Attorney
Print Name:
Date:
City Manager
Print Name:
Date:
Seconded by Councilmember Hjelle. Ayes -All
August 16, 2007, City Council Meeting 24
J. AWARD OF BIDS
None.
K. UNFINISHED BUSINESS
Approve Retaining Schoell Madson for Finalization of South Maplewood
Land Use Study.
Councilmember Cave moved to approve hiring Schoell Madson at a cost of $14,070.00
for the Finalization of South Maplewood Land Use Stud
Seconded by Mayor Longrie. Ayes- All
L. NEW BUSINESS
Intoxicating Liquor License -Chao Lee - Nickelby's Bar and Restaurant
a. Karen Guilfoile, City Clerk, Citizen Services Manager, gave the report.
b. Chao Lee, Oakdale, addressed the council.
Councilmember Cave moved to approve the Intoxicating Liquor License -Chao Lee -
Nickelby's Bar and Restaurant.
Seconded by Councilmember Hjelle. Ayes -All
2. Approve Retaining Schoell Madson to:
a. Update the Parks, Trails and Open Space Element of the Comprehensive Plan in
2007.
City Manager, Greg Copeland recommended tabling this item in order for city staff to do
further historical research regarding the document. City staff will bring this item back to the
city council for review.
Councilmember Juenemann moved to table the Updating of the Parks, Trails and Open
Space Element of the Comprehensive Plan in 2007 in order for city staff to bring further
information back to the city council.
Seconded by Councilmember Hjelle. Ayes -All
b. Update Nine Elements of Comprehensive Plan in 2008.
Councilmember Hjelle moved to table Updating Nine Elements of Comprehensive Plan in
2008.
Seconded by Councilmember Juenemann. Ayes -All
August 16, 2007, City Council Meeting 25
3. Crestview Forest Improvements -Deer Ridge Lane -City Project 06-21
a. Public Works Director, Chuck Ahl gave the report.
Councilmember Juenemann moved to accept the resolution Accepting Project Plans and
Specifications.
RESOLUTION 07-08-138
APPROVING PLANS
WHEREAS, pursuant to resolution passed by the city council on July 9th, 2007,
plans and specifications for the Crestview Forest Improvements, City Project 06-21, have
been prepared by (or under the direction of) the city engineer, who has presented such
plans and specifications to the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, acopy of which are attached hereto and
made a part hereof, are hereby approved and ordered placed on file in the office of the
city engineer.
Seconded by Councilmember Hjelle. Ayes --All
Councilmember Juenemann moved to approve the Resolution Ordering Preparation of
Assessment Roll.
RESOLUTION 07-08-139
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city engineer will assign day laborfor the Crestview Forest
Improvements (Deer Ridge Lane), City Project 06-21,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land abutting on the streets affected, without regard to
cash valuation, as provided by law, and they shall file a copy of such proposed
assessment in the city office for inspection.
FURTHER, the clerk shall, upon completion of such proposed assessment notify
the council thereof.
Seconded by Councilmember Hjelle. Ayes --All
August 16, 2007, City Council Meeting 26
Councilmember Juenemann moved to approve the Resolution Accepting Assessment Roll
and Ordering Assessment Hearing on September 10, 2007.
RESOLUTION 07-08-140
ORDERING ASSESSMENT HEARING
WHEREAS, the clerk and the city engineer have, at the direction of the council,
prepared an assessment roll for the Crestview Forest Improvements (Deer Ridge Lane),
City Project 06-21, and the said assessment roll is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD. MINNESOTA:
1. A hearing shall be held on the 10th day of September 2007, at the city hall
at 7:00 p.m. to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at least two weeks prior to
the hearing, and to mail notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the
general nature of the improvement the area to be assessed, that the proposed
assessment roll is on file with the clerk and city engineer and that written or oral objections
will be considered.
Seconded by Councilmember Hjelle. Ayes -All
August 16, 2007, City Council Meeting 27
4. Ferndale Geranium Area Street Improvements, City Project 07-14, Approval of
Budget Adjustment for Sanitary Sewer I and I Improvements.
Public Works Director, Chuck Ahl presented the report.
Councilmember Juenemann moved to approve the Ferndale Geranium Area Street
Improvements, City Project 07-14, Approval of Budget Adjustment for Sanitary Sewer I
and I Improvements.
Seconded by Councilmember Hjelle. Ayes -All
5. Lark Prosperity Area Street Improvements, City Project 07-15, Approval of Budget
Adjustment for Sanitary Sewer Lining of Kenwood Neighborhood.
Public Works Director, Chuck Ahl presented the report.
Councilmember Juenemann moved to approve the Lark Prosperity Area Street
Seconded by Councilmember Hjelle. Ayes -All
M. COUNCIL PRESENTATIONS
M1. National Night Out -Councilmember Juenemann thanked everyone that was
involved in making National Night Out on August 7, 2007, a success.
M2. Old Gladstone Fire Station Parcel -Mayor Longrie spoke about the old Gladstone
Fire Station Parcel and asked staff if due to the location of this parcel the city had
ever thought of selling this parcel.
M3. City Website Updated -Mayor Longrie said she has received questions from
concerned citizens who have stated they have enjoyed having the packets and
minutes available to view on the city website for the City Council, Planning
Commission, Community Design Review Board and Housing Redevelopment
Authority but have asked why the Park and Recreation Minutes and the
Environmental and Natural Resources Commission do not have any packet
information or minutes available online. Chuck Ahl said the staff in Public Works is
working on that.
N. ADMINISTRATIVE PRESENTATIONS
N1. Dismissal of the Data Practices Case by Nancy Lazaryan. City Attorney, Alan
Kantrud reported on this case.
O. ADJOURNMENT
Mayor Longrie adjourned the meeting at 6:10 p.m.
August 16, 2007, City Council Meeting 28