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.
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""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.
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(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.
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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
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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