Loading...
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