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HomeMy WebLinkAbout12-10-2007MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, December 10, 2007 Council Chambers, City Hall Meeting No. 22 A. B. C. D. E CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach. Councilmember Present APPROVAL OF AGENDA M1. Recognition of Fire Fighter Kurt Parsons -Councilmember Hjelle. M2. Ramsey County League of Local Governments -Councilmember Rossbach. M3. Update on the Comprehensive Plan -Mayor Longrie Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Cave. Ayes -All APPROVAL OF MINUTES Mayor Longrie had a correction on page 2, in item D. in the bolded section of the middle of the page, second line, the sentence should end after the word fund deleting the remaining words. On page 6, item E. b. 2008-2012 CIP, in the underlined comments, third line, change the word °°^^~to seal coating. Mayor Longrie moved to approve the November 19, 2007, 4:00 p.m. Special City Council Meeting minutes as amended. Seconded by Councilmember Cave. Ayes -All Councilmember Cave moved to approve the November 26, 2007, 6:00 p.m. Special City Council Meeting minutes. Seconded by Mayor Longrie. Ayes -All December 10, 2007, City Council Meeting Councilmember Juenemann had a correction on pg 2, under approval of the October 29, 2007, Council Manager Workshop Minutes it should say Seconded by Councilmember Hie11e. Under Ayes, Councilmember Gave should be replaced with Councilmember Hielle and under Abstain it should say Councilmember Cave. Under approval of the November 9, 2007, minutes it should say Seconded by Councilmember Juenemann. Councilmember Cave moved to approve the November 26, 2007, City Council Meeting Minutes as amended. Seconded by Mayor Longrie. Ayes -All F. PUBLIC HEARINGS Proposed Ordinance -Broadcast of All City of Maplewood Public Meetings -First Reading. City Attorney, Alan Kantrud presented the report and answered questions of the council. The council recommended changes to the wording before the second reading. Alan Kantrud will make the changes before bringing the second reading back to the council. Mayor Longrie opened the public hearing. Veronica Sletten, 2747 Clarence Street, Maplewood. Ms. Sletten said it was very important that all City of Maplewood Public Meetings are broadcast. Mayor Longrie closed the public hearing. Councilmember Hjelle moved to approve the First Reading of the Proposed Ordinance for Broadcasting All Public Meetings of the Citv as amended by the council. Seconded by Mayor Longrie. Ayes -Mayor Longrie, Councilmembers Cave, Hjelle, Rossbach -Councilmember Juenemann Ordinance Amendment - Re-inspection Fee for Non-Compliance of City Code - Second Reading. Building Official, Dave Fisher introduced the item. City Attorney, Alan Kantrud gave the report and answered questions of the council. There were technical difficulties with the recording for a short time during this portion of the meeting. Mayor Longrie opened the public hearing. There were no speakers during the public hearing. Mayor Longrie closed the public hearing. December 10, 2007, City Council Meeting 2 Councilmember Cave moved to approve the Second Reading of the code amendment to the City Code. This amendment is for Section 1-15(a) of the city code by adding language about the excessive consumption of city services. ORDINANCE NO. 883 AN ORDINANCE ADDING LANGUAGE TO THE CITY CODE ABOUT REINSPECTION FEES FOR CONTINUING NON-COMPLIANCE OF THE CITY CODE The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: (additions are underlined, changes to additions are "" and deletions are crossed out) Section 1. Section 1-15(a). Excessive Consumption of City Services Excessive consumption of city services. (1) Council findings. The city council finds some property owners take little or no responsibilityfor the maintenance of their property until the city, through its various inspections programs, has repeatedly ordered them to remedy violations of the Maplewood Code. Such property owners create excessive costs for the city that are over and above the normal cost of providing inspection services in the city. Property owners who the city must repeatedly order to remedy code violations on their property consume an unacceptable and disproportionate share of limited city resources. Therefore, it is the intent of the city council, by the adoption of this section, to impose and collect the costs associated with re-inspections and the excessive consumption of city inspection services. The collection of such costs for certain properties shall be by assessment against the real property requiring such excessive inspection or re-inspection services, pursuant to Minnesota Statutes, Section 429.101, which authorizes the council to provide for re-inspection fees to be collected by special assessment and allows cities to collect the costs associated with removal or elimination of public health or safety hazards. Such fees are also authorized by Chapters 1. 12. 18 and 44 of the Maplewood City Code. (2) Definitions- For the purpose of this chapter, the terms defined in this section shall have the meanings ascribed to them: Enforcement Officer - means a person or em I~ovee appointed by the City Manager such as. Code Enforcement Officer. Planner. Building Inspector. Building Official, and Health Official to conduct code enforcement inspections and activities for the city ** Excessive inspection services -Means more than three (3~ inspections by City staff generated at any one address for existing or new violations of the City Code within a continuous twelve (12) month period. ** Excessive inspection services fee: m ~ *h~ foo Ihn1 Iho ,.'..,'m..,.~o~ fnr ., ro_~ rli}inrol in on}inn Tho foo chill innli vlo hid nn} ho limi}orl }n~ }ho n ro}orl c~hrio onfn rnomonf nff'n onfin nc of fho i ~hionf n oM.r fho n r~forl nnM of o onf rnhoc ~nrl ~rl m'n'cfmf\i ~nrl nlor'n~l nncfc~ ~nrl fho nncfc of env morl'n~l fro~fmonf of onfnrnomonf rorl ~ i Jf of fhoco onfinnc ""Means the fee that shall be imposed as herein provided to reasonably compensate and defray the costs otherwise borne by the City for its staff time in conducting. "excessive inspection services." as hereinbefore defined, not otherwise necessary, but required due to the condition( of the property: the lack of compliance of the property to the applicable code( or previous inspection orders, or both. Said fee being imposed as an administrative fee, with no connection real or implied whatsoever to any fine, penalty or abatement expense otherwise imposed, levied, or ordered by the City or a Court pursuant to any and all other legal remedies available to the Cites" December 10, 2007, City Council Meeting 3 Re-inspection means that an enforcement officer has conducted an inspection of the premises, based upon a complaint or otherwise had occasion to view the premises and observed a violation of anyprovision of the Maplewood City Code under the jurisdiction of the Inspections, Planning and Building Operations Department, has issued a written notice of the violation(s~, and then re-inspected the premises to determine compliance with the notice and found that the owner or responsible party had not complied with the written correction notice or orders. (3) Initial inspection by enforcement officer: written notice. (a) Written notice of violations. When an enforcement officer conducts an initial inspection of a premises and determines that the property has violations of the city code, the enforcement officer shall, in addition to any other action the enforcement officer may undertake, serve written notice of the violation orviolations in conformance with the requirements set forth in the City Code, and apprise the owner of the required correction measures to bringproperty into compliance. (b) Notice for collection of re-inspection costs and excessive initial inspection costs. If the enforcement officer intends to collect the city costs for re-inspections and excessive initial inspections, then the written notice provided for in the City Code also must: 1. State that if the violations are not corrected within the time period or periods required in the notice, the city's costs in conducting a re-inspection after the due date for compliance will be collected by the city from the owner or owners rather than being paid by the taxpayers; and 2. State that if additional new violations of the legislative code under the jurisdiction of the department of safety and inspections are discovered by enforcement officers within the next following twelve (12) months. the city's costs in conducting any additional inspections at the same location within such twelve (12) months will be collected from the owner or owners rather than beingpaid by the taxpayers of the city: and 3. State that the city will collect such future costs by assessment levied against the real property (4) Excessive consumption of inspection services, fee and liability. (a) The city shall be entitled to collect its costs of enforcement from a property owner who consumes either re-inspection services or excessive initial inspection services. An excessive consumption of either re- inspections or excessive initial inspection services occurs after: ""1. More than three (3) inspections by City staff generated at any one address for existing or new violations of the City Code within a continuous twelve (12) month period. /lno 'n'f'~I ' onf'n orfnrmorl fnlln,.rorl h., ~ rr'ffon nnf'n of ~ nhf'n nrlor fho r onfc of fho r,c onfinnc fnrfhoc nhfinn\ AI Min ~ \A/r'ffon nnf'n of ~ ./nl ~f'n orl nrlor fho !`ih. !`A.In fnlln,.i n n'f'~I ' onf'n nrl rloform'n cfh~f fho./nhf'n cf'llo 'cfc (bl The city may charge a fee of seventy-five dollars ($75.00) for the third inspection. The city may charge a fee of one-hundred dollars ($100.00) for the fourth inspection after the circumstances described under section City Code. The city may charge a fee of one hundred fifty dollars ($150.00) for each subsequent additional inspections within atwelve-month period after the circumstances described in the City Code. (cl No fee under City Code Chapter 1-15(a~ 2.shall be charged where the city has issued a written notice pursuant to City Code Chapter 1-15(a~ 2.but has abated the violation under the city Code Section 18.36 through 18.39 and assessed the costs of such abatement under The City Code Section 18.36 through 18.39. (dl The amount of the excessive consumption of inspection services fee shall be a debt owed to the city and shall be collected bys~ecial assessment under the authority in Minnesota Statutes. Section 429.101 and the City Code Section 18.39. December 10, 2007, City Council Meeting 4 (e) Construction projects where the building inspector /code enforcement officer requires a collection of a re-inspection fee, the contractor will be billed and not allowed to obtain inspections or any new permits until the re-inspection fee is paid in full. (f) Action under this section does not preclude any other civil or criminal enforcement procedure. (5) Cost: collection. (a) Cost records of the non-compliant properties -The enforcement officer shall keep a record of the costs for excessive consumption of inspection services, the name and address of the owner, the dates of city fi na nce director. ""(b) Notice of assessment of fee: Upon establishment by an enforcement officer that an excessive inspection service fee has been justified, the officer shall notify, in writing, the responsible party associated with the address/property that the fee is due and owed the City. The official shall also notify other departments within the City of the imposition of the fee and no permits, inspections or other work shall be authorized at the address or on the property until the fee is paid. "" (c) Appeal or grievance of imposition of fee:.Upon receipt of the notice referenced above, the party or their designee shall have 14 business days to appeal or grieve the imposition of the fee. All appeals under this section shall be in writing and sent to the Office of the City Manager for review. If the City Manager does not resolve the matter to the satisfaction of the responsible party, the matter shall be placed on the agenda of the next regularly scheduled meeting of the City Council for their review. ""(d) On or before October 1 the finance director or their designee shall apprise the city council of the uncollected service fees that have been subject to the procedure above, yet remain unpaid. Unpaid and/or uncollected fees shall be assessed pursuant to the procedure set out in Minn. Stat. § 429.061, including the appeal process es therein. ""(e) No Waiver of Remedies: Neither the imposition and/or assessment of a fee pursuant to this section shall in any way limit the City's ability to obtain or effect compliance with its Code. The City reserves the right to pursue any and all other legal and equitable remedies it is authorized to pursue by ordinance and or as authorized by state law. ~ef fho n norl c ho n cho m cf fnllnur nrlor fho /""f.. /"`nrlo ' nrrlor fn ~ ~I fho ~ onfc fn fho rl'cfr'nf n H nnrl rloformonf n orl ocNhl'chorl n ~nf fho rofn December 10, 2007, City Council Meeting 5 The Maplewood City Council approved this ordinance on December 10, 2007. Mayor ATTEST: City Clerk Seconded by Mayor Longrie. Ayes -All Proposed Sign Ordinance Amendment Prohibited Signs -Second Reading. a. Senior Planner, Tom Ekstrand gave the report. b. City Attorney, Alan Kantrud answered questions of the council. c. City Manager, Greg Copeland explained why there were two council reports for item F3. d. Planner, Shann Finwall answered questions of the council. Mayor Longrie opened the public hearing. Jeremy Yarwood, representative from the Planning Commission spoke regarding the planning commissions disapproval of this proposed sign ordinance. Dale Tripper, 1201 Junction Avenue, Maplewood. Mr. Trippler spoke as a Maplewood Citizen regarding his disapproval of Proposed Sign Ordinance Amendment for Prohibited Signs and asked that the City Council consider tabling the Second Reading of this Sign Ordinance. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. Mr. Schriener disapproves digital signs because of the hazards they cause while people are driving down the road. Mayor Longrie closed the public hearing. December 10, 2007, City Council Meeting 6 Section 2. This ordinance shall take effect after publishing in the official newspaper. Councilmember Rossbach moved to table the Second Reading of the Prohibited Sign Ordinance Amendment in order to consider changes that were recommended by the planning commission, community design review board and staff regarding changes to the sign ordinance and dynamic sign face displace Seconded by Councilmember Juenemann Ayes -Councilmembers Juenemann, Rossbach Nays -Mayor Longrie, Councilmembers Cave, Hjelle The motion failed on a 2-to-3 vote. Councilmember Cave "change in brightness or color." ORDINANCE NO. 884 AN ORDINANCE AMENDING THE CODE REQUIREMENTS FOR PROHIBITED SIGNS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. Section 44-737. Prohibited signs generally. (Deletions are crossed out): Signs that are not specifically permitted in this article are hereby prohibited. The following signs are specifically prohibited: 1. Balcony signs and signs mounted or supported on a balcony. 2. Any sign that obstructs any part of a doorway or fire escape. 3. Signs that have blinking, flashing orfluttering lights o~+ti.,+,.ti.,..,.o ~., ti: ,.ti+..o~~,,.,.,,~,,. Signs that give public service information, such as time and temperature are exempt. 4. Signs on rocks, trees or utility poles on a public right-of-way. Section 2. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on December 10, 2007. Attest: Mayor City Clerk Seconded by Mayor Longrie. Ayes -Mayor Longrie, Councilmembers Cave, Hjelle, Rossbach -Councilmember Juenemann December 10, 2007, City Council Meeting 7 G. VISITOR PRESENTATIONS Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. Mr. Schriener spoke regarding concerns he raised with the city council at the November 26, 2007, city council meeting for the Beaver Lake Neighborhood. He said he was copied on an email from Councilmember Rossbach to Mr. Ratchke. The email from Councilmember Rossbach said no council action was required for this item to move forward. It did mention something about a reclassification of zoning of outlots and he asked what that meant. Mr. Ekstrand wasn't sure what that was referring to. Councilmember Rossbach stated that in his email to Mr. Ratchke as far as he knew no council action was required to pull a permit there. He believed there were areas listed as outlots that may require council action in order for them to be listed with the proper zoning. He said that was something he had heard and he passed the comments a long in the email. Mr. Ratchke is a resident of Beaver Lake who sent the email to Councilmember Rossbach. Mr. Schriener said he looked back into 2002 and noticed in the conditions of the CUP that if the conditions are not met with the last home constructed that the certificate of occupancy would be "conditional" and money would be escrowed. It is also specified that if work could not be completed due to weather and work wasn't completed by June 1St of the following year, the city would go and complete the work. The builder has been gone for over 2 years; the fencing along the bike trail has never been installed although the landscaping, sodding and sprinkler system has been completed. The shrubbery that is referred to has never been planted. The CUP made a specific mention of any slopes in excess of 3 to 1. Now the slopes between the homes exceed 3 to 1. Some exceed 1 to 1 slopes. He said his air conditioner unit, without addressing the slopes, is going to slide down the hill and into the back yard. He asked who is enforcing the terms of the CUP? The builder is gone, there is no money escrowed, all the certificates of occupancy were issued. He would like to know who is enforcing this and how the terms that were put in place are going to be enforced? The developers involved here have clearly showed they have no intention of complying with the CUP. Mr. Schriener said the neighbors figured out by looking at the construction plans that the buildings are planned to be 25% higher than they are supposed to be. They did that by carefully omitting the height on the plans when they were brought the plans into the city for approval. That's the easy way to slip that by. In the CUP it specifies that before permits should be issued there is a tree plan showing 240 trees to be planted. At the Maplewood planning office planning staff couldn't produce the tree plan, apparently it doesn't exist. Mr. Schriener said if the tree plan does exist nobody at the city knows where the tree plan is. That was a condition that was supposed to occur before any structures were built. He asked how many times the neighborhood is supposed to have construction going on in the neighborhood? December 10, 2007, City Council Meeting $ Mr. Schriener said the neighbors have lived through muddy streets and equipment going through the neighborhood. Work stopped 2 years ago and then last week the streets were blocked with dump trucks and excavators and now there is a muddy mess. Unprotected slopes that are 3 to 1 will wash down onto Beaver Creek Parkway with the spring thaw and nobody at the city seems to care or is doing anything about it. The PUD was to expire after 2 years if the owner or developer did not come back to the council within 2 years. Interestingly enough he can't find any record of the developer coming before the council. Every time this is brought before the council it is brought before the council by the city itself not by the builder or the owner. This PUD should have expired in 2004 and the PUD should not even be an issue today. He said he is continuing to do research on this. He said he is starting to smell a rat, he's not sure who it is but he will continue searching. Mayor Longrie said she understood that staff was looking into the concerns of Mr. Schriener from the November 26, 2007, council meeting. She understands that the city didn't require a large enough escrow for this development to ensure the work was completed. Staff is looking at requiring a larger escrow amount to ensure projects are completed. Mayor Longrie said sometimes a developer may leave things unfinished and then come back into the city to do work. Now the city is requiring the developer to take care of the project that wasn't completed first before another project can move forward. Mr. Schriener said he can understand a builder going back to a city to do more work and requiring them to finish the project that wasn't done right the first time. However, he doesn't anticipate this developer or builder coming back into Maplewood to do work so how can we enforce these things to get done for this development. In this case the city doesn't have the teeth or an avenue. He still wants to know who is supposed to be responsible at the city for enforcing the rules to ensure things are completed? Mayor Longrie said in a plan B city that responsibility usually falls on the shoulders of the city manager at that time. Ultimately the city manager is the person who is in charge of making sure things are running smoothly in the city. The Mayor said in the end it's the person at the top. 2. Mary DeStasio, 1118 Beaver Creek Parkway, Maplewood. She spoke in support of her neighbor Bill Schriener pertaining to issues with the Beaver Lake Neighborhood. H. APPOINTMENTS/PRESENTATIONS a. Fire Chief, Steve Lukin presented the report. Chief Lukin read the award honors and congratulated each recipient for their Life Safety Award from the Maplewood Fire Department. b. Ron Horwarth, Supervisor at the Maplewood Community Center presented the Life Safety Awards to three of the recipients involved in incidents at the MCC. December 10, 2007, City Council Meeting g 1. Four Life Safety Awards a. Alison Kurzhal b. Andy Proesch c. Mike Sauseman d. Jonah Hale I. CONSENT AGENDA 1. Councilmember Hjelle moved to approve items 1, 4, 6, 8, 9, 11. Seconded by Mayor Longrie. Ayes -All 2. Mayor Longrie moved to approve item 2. Seconded by Councilmember Cave. Ayes -All 3. Councilmember Hjelle moved to approve item 3. Seconded by Councilmember Cave. Ayes -All 4. Councilmember Juenemann moved to approve item 5. Seconded by Councilmember Hjelle. Ayes -All 5. Councilmember Juenemann moved to approve item 7. Seconded by Councilmember Cave. Ayes -All 6. Councilmember Juenemann moved to approve item 10. Seconded by Councilmember Hjelle. Ayes -All 1. Approval of Claims Councilmember Hjelle moved Approval of Claims. ACCOUNTS PAYABLE: $ 306,458.42 Checks #74151 thru #74207 Dated 11/21/07 thru 11/27/07 $ 279,741.92 Disbursements via debits to checking account Dated 11/15/07 thru 11/21/07 $ 1,276,081.05 Checks #74208 thru #74262 $ 106,907.53 Disbursements via debits to checking account Dated 11/21/07 thru 11/29/07 $ 1,743,547.05 Total Accounts Payable December 10, 2007, City Council Meeting 10 PAYROLL $ 489,444.82 Payroll Checks and Direct Deposits dated 11/30/07 $ 563.16 Payroll Deduction check #1003935 thru #1003936 dated 11/30/07 490,007.98 Total Payroll $ 2 233 555.03 GRAND TOTAL Seconded by Mayor Longrie. Ayes -All 2. Authorization to Purchase Microsoft Licenses. Mayor Longrie moved to approve the Authorization to Purchase Microsoft Licenses off of the State contract via SH1. Seconded by Councilmember Cave. Ayes -All 3. Authorization to complete fiber optic ring throughout City Campus. Councilmember Hjelle moved to approve the Authorization to spend $18,000 to complete the fiber optic ring throughout the Maplewood City Hall Campus. Seconded by Councilmember Cave. Ayes -All 4. Final Plat-Pond Overlook -Furness Court, North of County Road D. Mayor Longrie moved to approve the Final Plat -Pond Overlook -Furness Court, North of County Road D. This approval Date-stamped November 16, 2007, is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. Seconded by Councilmember Hjelle. Ayes -All 5. Final Plat- The Shores - 940 Frost Avenue. Councilmember Juenemann moved to approve the Final Plat -The Shores - 940 Frost Avenue. PUBLIC VACATION RESOLUTION 07-12-202 WHEREAS, Bart Montanari of Lake Phalen Estates, LLC, has applied for the vacation of a sanitary sewer easement located on the west side of the property at 940 Frost Avenue as follows. Sanitary Sewer Easement: Part of E. 10 acres of the W. 20 acres of Government Lot 2 described as follows: Beginning at intersection of W. line of said 10 acres and S'ly line of Frost Ave. as now located; thence S. 27°06' E. a distance of 811.06 feet to intersection of E. line of said 10 acres and N'ly line of East Shore Drive; thence N. on said E. line 189.3 feet; thence W. at right angles December 10, 2007, City Council Meeting 11 67.5 feet; thence NW'ly at an angle of 61 °57' to the right a distance of 613.05 feet to said S. line of Frost Ave.; thence SW'ly thereon 17.3 feet, more or less to beginning; all in Sec. 16, T. 29, R. 22, together with that portion of the above described land S. of the previously described line which lies W. of a line running NW'ly from the SE corner of the said E. 10 acres of the W. 20 acres of said Government Lot 2 to a point 189.02 feet N. of and 50 feet W. of said SE comer, which easement shall include the perpetual right of said Village of Maplewood, its successors or assigns, to construct, maintain, operate and repair underground sewer mains, pipes and appurtenances over and across the strip of land hereinbefore described, together with perpetual easement for ingress and egress, all without additional compensation. WHEREAS, the history of these public vacation is as follows: On July 17, 2007, the planning commission held a public hearing about the proposed vacations. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the vacation. 2. On August 13, 2007, the city council reviewed this proposal. The city council also considered reports and recommendations of the city staff and planning commission. 3. On December 10, 2007, the city council authorized the revision of the vacation resolution to include the vacation of the sanitary sewer easement only, and removed the authorization for the vacation of 20 feet of right-of-way from East Shore Drive as it was not necessary for the development. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described vacation because the installation of sanitary sewer along East Shore Drive is part of the public improvements planned in connection with the development. As such, the existing sanitary sewer line located on the west side of the property will be abandoned and removed. The sanitary sewer easement will no longer be needed and therefore the vacation of the easement is in the public interest. Prior to recording the vacation of the sanitary sewer easement the applicant must complete the following: 1. The applicant shall grant the city aright-of-entry to complete the sanitary sewer abandonment work. 2. The applicant shall dedicate a 30-foot-triangular piece of land as additional right-of-way to the city at the northeast corner of the property for the future roundabout at the intersection of Frost Avenue and East Shore Drive. The Maplewood City Council adopted this resolution on December 10, 2007. December 10, 2007, City Council Meeting 12 Seconded by Councilmember Hjelle. Ayes -All 6. Approval of Amendment No. 7 to St. Paul Regional Water Service Agreement. Councilmember Hjelle moved Approval of Amendment No. 7 to St. Paul Regional Water Service Agreement. Agreement # 02- 10263-I AMENDMENT NO. 7 To AGREEMENT BETWEEN BOARD OF WATER COMMISSIONERS And CITY OF MAPLEWOOD This AMENDMENT NO. 7 TO AGREEMENT entered into this 4`h day of December 2007, by and between the BOARD OF WATER COMMISSIONERS, a municipal corporation of the State of Minnesota (the "Board"), and the CITY OF MAPLEWOOD, a municipal corporation of the State of Minnesota ("Maplewood"). WITNESSETH: WHEREAS, Maplewood and the Board entered into an agreement dated October 30, 1996, for the provision of water service by the Board to properties within Maplewood (the "Agreement"); and WHEREAS, Article XIV of the Agreement allows for amendments to the Agreement; and WHEREAS, Sec. 32-6 of Maplewood's Right of Way Ordinance exempts the Board from the provisions and requirements of said Ordinance; and WHEREAS, Board and Maplewood agree that Board activities in Maplewood rights of way shall be governed by the provisions and requirements of the Agreement, as amended; and WHEREAS, the parties desire at this time to amend the Agreement to provide for such governing of the Board's work in Maplewood rights of way. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties mutually agree to amend the Agreement as follows: 1. The following is hereby added to the Agreement: ARTICLE XVI MAPLEWOOD RIGHT OF WAY PERMITS REQUIRED Board excavation work in Maplewood rights of way shall be in accordance with the following permitting procedures: December 10, 2007, City Council Meeting 13 A. APPLICATION FOR PERMIT. Board shall provide an Excavation Permit application as early as possible. The application shall include the following: 1) description of work 2) drawing showing location of work and size of excavation 3) description of methods of installation 4) schedule of work. B. ISSUANCE OF PERMIT. Following receipt of an Excavation Permit application, Maplewood shall issue a permit to the Board. C. RIGHT OF WAY RESTORATION STANDARDS. Board shall perForm patching and restoration of rights of way in accordance with Maplewood standards as specified in the most recent revision of Maplewood Engineering Plates 1 through 13. D. PERMIT FEE AND BILLING. Maplewood shall issue monthly invoices listing the Excavation Permit number, work description and fee for each permit. E. PAYMENT. After review and approval of the charges by Board's construction supervisor, Board shall issue payment to Maplewood within 30 days. Whenever it shall be required or permitted by the Agreement or this Amendment, 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 mail purposes are as follows, until written notice of such address has been given: Board: Board of Water Commissioners Attn: SPRWS General Manager 1900 Rice St., Office Building Saint Paul, MN 55113 Maplewood: City of Maplewood Attn: City Manager 1830 Co. Rd B East Maplewood, MN 55109 Except as modified herein, the terms of the Agreement shall remain in full force and effect. [Remainder of page left intentionally blank.] December 10, 2007, City Council Meeting 14 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 7 to Agreement to be executed as of the day and year first above written. Approved: Stephen P. Schneider, General Manager Saint Paul Regional Water Services BOARD OF WATER COMMISSIONERS By Approved as to Form: Assistant City Attorney STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) Matthew G. Smith, Director Office of Financial Services The foregoing instrument was acknowledged before me this day of 20, by Patrick Harris, President of the Board of Water Commissioners, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment Patrick Harris, President By Janet Lindgren, Secretary By December 10, 2007, City Council Meeting 15 STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 20, by Secretary of the Board of Water Commissioners, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 20 by Matthew G. Smith, Director, Office of Financial Services of the Board of Water Commissioners, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment CITY OF MAPLEWOOD By Its Mayor Its City Manager December 10, 2007, City Council Meeting 16 STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 20, by , Mayor of the City of Maplewood, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 20, by ,City Manager of the City of Maplewood, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment Seconded by Mayor Longrie. Ayes -All December 10, 2007, City Council Meeting 17 7. County Road D Realignment Surcharge, Pond Wetland Mitigation, City Project 02- 07, Approval of Resolution Requesting Variance from State Aid Rule. Councilmember Juenemann Aid Rule. City of Maplewood Ramsey County, Minnesota RESOLUTION 07-12-203 A RESOLUTION REQUESTING A VARIANCE FROM STATE-AID RULE 8820.2800 SUBPART 2 FOR CITY PROJECT NO. 02-07 County Road D Realignment, Surcharge, Pond Wetland Mitigation WHEREAS, the City Council of the City of Maplewood has approved City Project 02-07 County Road D Realignment, Surcharge, Pond, Wetland Mitigation, and WHEREAS, said improvement project was constructed between Trunk Highway 61 and Hazelwood Street along the approved Ramsey County State Aid Highway alignment for County Road D. WHEREAS, said improvement project was necessary to be constructed to provide for the subsequent construction of the following approved State Aid projects: S.A.P. 138-121-03 S.A.P. 138-010-11 S.A.P.138-020-29 S.A.P.138-020-30 S.A.P.62-619-025 S.A.P.62-619-026 WHEREAS, the City of Maplewood let bids prior to receiving final State-Aid approval in order to minimize delay and potential financial penalties/claims by adjacent property owners; and WHEREAS, State Aid Rule 8820.2800 subpart 2 states "only those projects for which final plans are approved by the state-aid engineer before opening bids or approving a force account agreement area eligible for state-aid construction funds". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City of Maplewood hereby requests an administrative variance from State Aid Rule 8820.2800, Subpart 2. ADOPTED by the Council this 10`h day of December, 2007. ATTEST: MA CITY ADMINISTRATOR Seconded by Councilmember Cave. Ayes -All December 10, 2007, City Council Meeting 18 8. Mogren Street Improvements, City Project 06-17, Resolution Modifying Existing Construction Contract, Change Order 2. Councilmember Hjelle RESOLUTION 07-12-204 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-17, CHANGE ORDER 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 06-17, Mogren Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 06-17, Change Order Nos. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 2 in the amount of $34,985.00. The revised contract amount is $2,421,478.80. The finance director is hereby authorized to modify the project budget by making the following fund increases: Maplewood Toyota Assessment $17,500.00 Seconded by Mayor Longrie. Ayes -All 9. Infiltration/Inflow Reduction Program, City Project 06-02, Resolution Authorizing Submittal of Grant Requests for Foundation Drain the Disconnection Program. Councilmember Hjelle moved to approve the Infiltration/Inflow Reduction Program, City Project 06-02, Resolution Authorizing Submittal of Grant Requests for Foundation Drain Tile Disconnection Program. RESOLUTION 07-12-205 AUTHORIZING SUBMITTAL OF GRANT REQUESTS FOR FOUNDATION DRAIN DISCONNECTION PROGRAM WHEREAS, the City Council of Maplewood, Minnesota has previously been identified by the Metropolitan Council Environmental Services (MCES) as having excess infiltration and inflow in its sanitary sewer system, and WHEREAS, MCES is offering a grant program to help defray the cost to private property owners for the disconnection of foundation drains. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: December 10, 2007, City Council Meeting 19 1. The City Engineer is hereby authorized and directed to apply for grants pursuant to the MCES Foundation Drain Disconnection Program. Seconded by Mayor Longrie. Ayes -All 10. Special Assessment for False Alarm Bills, Safety Inspections and Abatements. Councilmember Juenemann moved to approve the Resolution for the Special Assessment for False Alarm Bills, Safety Inspections and Abatements. RESOLUTION 07-12-206 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following delinquent false alarm charge for collection with the taxes of said property owner for the year 2007, collectible in 2008, and which includes interest at the rate of eight percent (8%) on the total amount for one year: PROPERTY ACCOUNT STREET ADDRESS IDENTIFICATION AMOUNT" Maplewood Manor 2266 Duluth 09.29.22.44.0158 $540.00 Kayi K. Vang 2421 Tevlin Ct. 24.29.22.24.0049 $1725.30 State Farm Insurance 601 Marquette Ave. #100 18.29.22.33.0037 $55.08 Silver Ridge Apartments 6363 N. State Hwy, Suite 800 25.29.22.32.0029 $27.00 Color Point Signs 1421 Edgewater Road 36.29.22.11.0056 $222.48 Alan Merricks, Corner Kick 1357 Cope Ave. 10.29.22.32.0014 $135.00 Uyen Pham 2347 Hillwood Dr. E. 12.28.22.32.0040 $337.50 Kan B Thao 2266 Hoyt Ave. E 24.29.22.22.0062 $318.60 Wael & Raed Younis 1068 Lakewood Dr. N 25.29.22.24.0070 $243.00 John Chu 1700 McMenemy St. N 17.29.22.33.0012 $1,148.58 TOTAL $4,752.54 "Amount includes 8% interest. Seconded by Councilmember Hjelle. Ayes -All December 10, 2007, City Council Meeting 20 11. Special Assessment for Ambulance Bills for 2006-2007. Councilmember Hjelle moved to approve the Resolution for the Special Assessment for Ambulance Bills for 2006-2007. RESOLUTION 07-12-207 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached ambulance service charges totaling $32,238.39 for collection with the taxes of said property owner for the year 2007, collectible in 2008 with interest at the rate of eight percent (8%) on the total amount for one year. CERTIFIED RECORD COPY (COUNTY) AMBULANCE CHARGES ASS ESSMENT RECORD o¢iry LIN OF MAPLEWOOD MN AMBOLANLE CHARGES llptla[e CM1ange' 12/12N] Onpaitl Ambulance Fees ~~cwo nmuo3 .m >ru zoos o ,~ ,rear e~~ 1 ~o~ eo ~ erect eewamo l.,.v,. o L'ne No. & a ~ < ,£, ' i a _ 1 s]muo3 9 R 262922A28166 2999 1 3n24 9 91 9 9 N N N N 2 5]0]1303 9 R 252922346639 2998 1 28329 9 91 9 9 N N N N 3 5]0]1303 9 R 152922126651 2998 1 2 ]84 35 9 91 9 9 N N N N 4 5]0]1303 9 R 132822316638 2998 1 214 64 9 91 9 9 N N N N s 5]0]1303 9 R 8]5]M88881 2998 1 51359 9 91 9 9 N N N N 6 5]0]1303 9 R 895]M88853 2998 1 342803 9 91 9 9 N N N N ] s]muo3 9 R 2529221261]5 299a 1 1 01229 9 91 9 9 N N N N 8 5]0]1303 9 R 122822328868 2998 1 344 6] 9 91 9 9 N N N N 9 5]0]1303 9 R 1529231388]1 2998 1 1 384 ]8 9 91 9 9 N N N N 19 5]0]1303 9 R 2329223381] 2998 1 1339] 9 91 9 9 N N N N 11 5]0]1303 9 R 342922128882 2998 1 13]92 9 91 9 9 N N N N 12 5]0]1303 9 R 123822138819 2998 1 2]8]9 9 91 9 9 N N N N 13 5]0]1303 9 R 263823128828 2998 1 2]404 9 91 9 9 N N N N 14 5]0]1303 9 R 895]M88889 2998 1 1 65423 9 91 9 9 N N N N 15 s]muo3 9 R 112923316639 299a 1 21454 9 91 9 9 N N N N 16 5]0]1303 9 R 1]2922348859 2998 1 1 32451 9 91 9 9 N N N N 1] 5]0]1303 9 R 12282223832] 2998 1 129406 9 91 9 9 N N N N 18 5]0]1303 9 R 8]5]M19]80 2998 1 142906 9 91 9 9 N N N N 19 s]muo3 9 R 866]M26]60 299a 1 32912 9 91 9 9 N N N N 29 s]muo3 9 R 162922136641 299a 1 144]2 9 91 9 9 N N N N 21 5]0]1303 9 R 122822328851 2998 1 1 68599 9 91 9 9 N N N N 22 s]muo3 9 R 2A2922228861 299a 1 46951 9 91 9 9 N N N N 23 5]0]1303 9 R 1429223488]9 2998 1 361 89 9 91 9 9 N N N N 24 s]muo3 9 R 122922126659 299a 1 1 sn 25 9 91 9 9 N N N N 25 5]0]1303 9 R 895]M88825 2998 1 28318 9 91 9 9 N N N N 26 5]0]1303 9 R 142922348812 2998 1 25881 9 91 9 9 N N N N 2] s]muo3 9 R 896]MS6M0 299a 1 1 042]4 9 91 9 9 N N N N 28 5]0]1303 9 R 212922W8182 2998 1 191 39 9 91 9 9 N N N N 29 s]muo3 9 R 252922346662 299a 1 45941 9 91 9 9 N N N N 39 5]0]1303 9 R 882822218119 2998 1 141588 9 91 9 9 N N N N 31 5]0]1303 9 R 18292234888] 2998 1 81994 9 91 9 9 N N N N 32 5]0]1303 9 R 182922138862 2998 1 98839 9 91 9 9 N N N N 33 5]0]1303 9 R 182922348831 2998 1 51909 9 91 9 9 N N N N 34 5]0]1303 9 R 122822238235 2998 1 344 6] 9 91 9 9 N N N N 35 5]0]1303 9 R 1829221388]3 2998 1 8989] 9 91 9 9 N N N N 36 5]0]1303 9 R 2638221188]] 2998 1 129668 9 91 9 9 N N N N 3] 5]0]1303 9 R 822922118838 2998 1 29984 9 91 9 9 N N N N 38 5]0]1303 9 R 142922348886 2998 1 34993 9 91 9 9 N N N N 39 5]0]1303 9 R 222922228135 2998 1 1 65983 9 91 9 9 N N N N TOTHL= 3223839 I ne re ny atliN meuM ebwe mfu rm Aiun u e we ena acct mm rem.a W me onpeia em bo lena cne.ges esseu mem .u 11 es etlu pma by ine meplew wa cN euo nc il. Karen Guilfeile Dale Ciry Clerk, Ciry of Mapleweetl, Min nesefn Seconded by Mayor Longrie. Ayes -All December 10, 2007, City Council Meeting 21 J. AWARD OF BIDS None. K. UNFINISHED BUSINESS 1. Conditional Use Permit -Clear Channel Outdoor Billboard Height Increase - 1790 Gervais Court Senior Planner, Tom Ekstrand gave the report and answered questions of the council. City Attorney, Alan Kantrud answered questions of the council. Councilmember Rossbach said under City Code Section 44-1096 A CUP hearing shall not be held until the council has received written recommendations or reports from city staff, the PC, CDRB. Councilmember Rossbach said the council doesn't have this information so the council should not be reviewing this item. The Mayorand City Councilmembers stated they were disappointed that the planning commission and community design review board minutes were not provided in the packet or given to the council before this evenings meeting to review for this agenda item. Mayor Longrie asked if anyone wanted to speak regarding this item. Jeremy Yarwood, Representative from the Planning Commission said the planning commission and the community design review board passed and recommended a change to the sign code that allows dynamic display signs. He said the council should ask the staff why that agenda item wasn't put on the agenda this evening and why these two sign issues were put on the agenda. The reason the PC tabled this item was because the change in the sign height is clearly connected to a sign that is going to have a dynamic display and the city doesn't have an ordinance in place yet to govern the dynamic display that would be placed on said sign. Therefore, the PC felt it was inappropriate to pass the CUP until the city council has had the chance to review the dynamic display ordinance and make sure that was in place before the planning commission addresses the CUP. He said he didn't feel it was appropriate for the council to vote on this item until the planning commission had made a recommendation. He said any reasonable interpretation of the ordinance can only come to that conclusion. Councilmember Rossbach moved to table the Adoption of the Resolution saecify'^^^ +,s +, n„ao .,^a ^ ,+„ ~.,,^io^.o^++tio n.+, n,,..^,.a n ,oa „^ n^+„tio. o0 onm ..;+ti nio^. nti^^^o~ n +a^^. until the city council has received moved that the city tell Clear Channel Outdoor that the city will be taking a 60-day extension for this request under State Statute Section 15.99 because the council is in violation of the ordinance without the pertinent information. Seconded by Councilmember Hjelle. Ayes -Councilmember Hjelle, Juenemann, Rossbach Navs -Mayor Longrie, Councilmember Cave December 10, 2007, City Council Meeting 22 Mayor Longrie said she understands that the city needs an articulated reason to ask for an extension or to table this. The applicant is requesting approval from the council to raise the height of this sign by 15 feet. When the council reviews a CUP the council looks at whether this request will change the existing or planned character of the surrounding area, which this doesn't because there is an existing billboard there already. Her concern is the agreement between the city and Clear Channel Outdoor regarding other billboard signs in the city and how this decision could impact other legal concerns. City Attorney, Kantrud said he would be present at the planning commission and community design review board meetings regarding this item. Councilmember Rossbach requested a recess at 9:50 p. m. The Council meeting resumed at 10:00 p.m. Mayor Longrie Seconded by Councilmember Cave. Ayes -All L. NEW BUSINESS Off-Sale Intoxicating Liquor License -Owner and Manager -Hillside Liquors 1690 McKnight Road (moved ahead of agenda item K2.) Citizen Services Manager, Karen Guilfoile gave the report. Nai Xiong Vang, Owner of Hillside Liquors, 1690 McKnight Road, Maplewood, addressed and answered questions of the council. Councilmember Hjelle moved to approve the Off-Sale Intoxicating Liquor License for Hillside Liquors at 1690 McKnight Road. Seconded by Mayor Longrie. Ayes -All 4. Priory Public Improvements, City Project 07-24 Resolution Accepting Feasibility Study and Ordering Public Hearing Public Works Director, Chuck Ahl presented the report. Councilmember Juenemann RESOLUTION 07-12-209 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted July 23rd, 2007, a report has been prepared by the city's engineering consultant, SEH, with reference to the improvement of the Priory Public Improvements, City Project 07-24, and this report was received by the council on December 10, 2007, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, December 10, 2007, City Council Meeting 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of the Priory Public Improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,212,089. 2. A public hearing shall be held on such proposed improvement on the 14`h day of January, 2007, in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Hjelle. Ayes -All K. UNFINISHED BUSINESS (CONTINUED) 2. Adoption of 2008 City Budget Finance and Administration Manager, Bob Mittet gave the presentation and answered questions of the council. Councilmember Rossbach the council. Seconded by Councilmember Juenemann. After a lengthy discussion amongst the city council and city staff, Councilmember Rossbach withdrew his motion to table the Adoption of the 2008 City Budget. Councilmember Rossbach moved to approve the Adoption of the 2008 City Budget. However, the council is sending the 2008 City Budget back to city staff to be reviewed Seconded by Councilmember Cave. Ayes-All City Manager, Greg Copeland said the 2008 City Budget would have to be reduced by $260,000. Councilmember Hjelle made a motion to extend the council meeting to complete the agenda. Seconded by Councilmember Cave. Ayes - Councilmembers Hjelle, Cave and Rossbach Nay _ Councilmember Juenemann, Mayor Longrie December 10, 2007, City Council Meeting 24 positions and the Business License Specialist position that was proposed to be removed. Adoption of the 2008 Property Tax Levy Finance and Administration Manager, Bob Mittet gave the report. Councilmember Hjelle moved to approve the Adoption of the 2008 Property Tax Levi Seconded by Councilmember Rossbach. Ayes -Mayor Longrie, Councilmembers Cave, Hjelle, Rossbach - Councilmember Juenemann RESOLUTION 07-12-210 CERTIFYING TAXES PAYABLE IN 2008 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that: The following amounts of taxes will be levied for 2007, payable in 2008, upon the net tax capacity in said City of Maplewood, for the following purposes; Operations $12,124,525 Debt Services $ 2, 701,925 TOTAL LEVY $14,826,450 In addition, there is a $720,000 market value based referendum levy for 2007 payable in 2008 to finance the debt service on the 2002 Open Space Refunding Bonds and the 2000 Fire Safety Bonds. The next tax capacity based levy of $2,701,925 for Debt Service and the market value based referendum levy of $720,000 total $3,421,925. This results in a total certified levy of $15,546,450. The breakdown by Debt Service Fund follows as Exhibit A: (provided by Administration and Finance Manager). L. NEW BUSINESS 1. Off-Sale Intoxicating Liquor License -Owner and Manager -Hillside Liquors 1690 McKnight Road (moved ahead of agenda item K2.) a. Citizen Services Manager, Karen Guilfoile gave the report. b. Nai Xiong Vang, Owner of Hillside Liquors, 1690 McKnight Road, Maplewood, addressed and answered questions of the council. Councilmember Hjelle moved to approve the Off-Sale Intoxicating Liquor License for Hillside Liquors at 1690 McKnight Road. Seconded by Mayor Longrie. Ayes -All December 10, 2007, City Council Meeting 25 Desoto Skillman Area Street Improvements, City Project 06-16, Resolution for Modification of Existing Construction Contract, Change Order 4 (moved ahead of agenda item K2.) Public Works Director, Chuck Ahl presented the report and answered questions of the council. City Attorney, Alan Kantrud answered questions of the council. Councilmember Rossbach RESOLUTION 07-12-208 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-16, CHANGE ORDER 4 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 06-16, Desoto Skillman Area Neighborhood Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 06-16, Change Order No. 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 in the amount of $63,855.80. The revised contract amount is $3,300,536.77. Seconded by Councilmember Juenemann. Ayes -All Councilmembers - Mayor Longrie 3. Ferndale-Geranium Area Street Improvements, City Project 07-14, Approval of Assessment Objection Waiver Agreements Public Works Director, Chuck Ahl presented the report. Councilmember Cave Obiection WaiverAgreements. AGREEMENT This Agreement, dated the day of , 2007, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City") and Nicole Coombs, the property owner of 2578 Linwood Avenue. December 10, 2007, City Council Meeting 26 WHEREAS, the City is provided sanitary sewer and water sewer to the property of 2578 Linwood Avenue; WHEREAS, Nicole Coombs own the property described by address and property identification numbers as: 2578 Linwood Avenue:PlN 132822120004 NOW THEREFORE, the City and Nicole Coombs agree to make the following agreement: Pay to the City $20,000 in assessments for sanitary sewer and water main and services. The breakdown of assessments is as follows: Sanitary Sewer and sewer service $ 10,000 Water Main and water service 10 000 Total $ 20,000 Nicole Coombs has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the 2578 Linwood with the amount to be $20,000. The assessments are to be paid over a fifteen (15) year period at an interest rate of 6%. Nicole Coombs 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). 2. 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. 3. 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. 4. The City's and Nicole Coombs's obligations under this Agreement shall be conditioned, for the sole benefit of the City and Nicole Coombs, upon the following: A. Contingent upon review and approval of final terms by the City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. December 10, 2007, City Council Meeting 27 NICOLE COOMBS By: Nicole Coombs Date AGREEMENT CITY OF MAPLEWOOD By: Diana Longrie Date Its: Mayor By: Greg Copeland Date Its: City Manager This Agreement, dated the day of , 2007, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City") and Richard and Karen Doree, the property owners of 2588 Linwood Avenue.. Avenue; WHEREAS, the City is provided sanitary sewer and water sewer to the property of 2588 Linwood WHEREAS, Richard and Karen Doree own the property described by address and property identification numbers as: 2588 Linwood Avenue:PlN 132822120003 NOW THEREFORE, the City and Richard and Karen Doree agree to make the following agreement: Pay to the City $20,000 in assessments for sanitary sewer and water main and services. The breakdown of assessments is as follows: Sanitary Sewer and sewer service $ 10,000 Water Main and water service 10 000 Total $ 20,000 Richard and Karen Doree have been advised of their right to notice and a public hearing and right to appeal concerning the assessments proposed against the 2588 Linwood with the amount to be $20,000. The assessments are to be paid over a fifteen (15) year period at an interest rate of 6%. Richard and Karen Doree agree 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). 2. 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. 3. 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. December 10, 2007, City Council Meeting 28 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. 4. 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. The City's and Richard and Karen Doree's obligations under this Agreement shall be conditioned, for the sole benefit of the City and Richard and Karen Doree, upon the following: A. Contingent upon review and approval of final terms by the City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RICHARD & KAREN DOREE Richard Doree Date Karen Doree Date CITY OF MAPLEWOOD By: Diana Longrie Date Its: Mayor Greg Copeland Date Seconded by Councilmember Rossbach M. COUNCIL PRESENTATIONS Its: City Manager Ayes -All M1. Recognition of Maplewood Fire Fighter Kurt Parsons, Councilmember Hjelle. Councilmember Hjelle commended Maplewood Fire Chief, Steve Lukin for graciously making the funeral arrangements for Maplewood Fire Fighter, Kurt Parsons who took his own life in November. It was a beautiful service that was attended by Councilmember Juenemann along with many police and fire personnel who came to honor and show their respect for a fellow Fire Fighter. M2. Ramsey County League of Government, Councilmember Rossbach. Commissioner Rossbach said he was once again elected as President of the Ramsey County League of Government. RCLG will be having a meeting on January 31, 2008, with the social hour starting around 6:00 p.m. This is open to the public and is a good opportunity to meet with your legislators and share your thoughts. More information about this meeting will follow. M3. Update on the Comprehensive Plan, Mayor Longrie. Mayor Longrie said the task force is off to a good start on the Maplewood Comprehensive Plan. December 10, 2007, City Council Meeting 29 Councilmember Cave thanked the staff for the hard work that was put into the 2008 City Budget and wished everyone Happy Holiday N. ADMINSTRATIVE PRESENTATIONS None. O. ADJOURNMENT Mayor Longrie wished everyone Happy Holidays and adjourned the meeting at 12:10 a.m. December 10, 2007, City Council Meeting 30