HomeMy WebLinkAbout07-28-2008MINUTES
MAPLEWOOD CITY COUNCIL
6:30 p.m., Monday, July 28, 2008
Council Chambers, City Hall
Meeting No. 19-08
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
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
John Nephew, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF AGENDA
Councilmember Nephew recommended moving Visitor and Administrative Presentations to 7:15
p.m. due to the late start of the council meeting.
H2. -Changes in the Finance Department -Mayor Longrie
Councilmember Nephew moved to approve the agenda as amended.
Seconded by Councilmember Hjelle. Ayes -All
APPROVAL OF MINUTES
Approval of the June 23, 2008, City Council Meeting Minutes.
Mayor Longrie wanted to clarify the heading and motion on page 30, number 9. by
Councilmember Juenemann should read: The Petition to release Acting City Manager, Chuck
Ahl from the MCSA and Authorizing its execution on behalf of the City of Maplewood as well as
directing Acting City Manager, Chuck Ahl to resume all City Manager duties and responsibilities
for representing the City of Maplewood in its upcoming labor negotiations for all union contracts
for 2009.
Councilmember Nephew moved to approve the June 23, 2008, City Council Meeting minutes as
amended.
Seconded by Councilmember Rossbach. Ayes -All
The motion passed.
July 28, 2008
City Council Meeting Minutes
Mayor Longrie moved to approve the July 7, 2008, Workshop minutes as submitted.
Seconded by Councilmember Nephew.
The motion passed.
Ayes -Mayor Longrie,
Councilmembers Nephew
& Rossbach
Abstentions -Councilmember Hjelle
& Juenemann
Councilmember Hjelle moved to approve the July 14, 2008, Workshop minutes as submitted.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
Approval of July 14, 2008, City Council Minutes
Councilmember Juenemann said on Page 1 of the July 14, 2008, minutes the Seconder's name
was not reflected in the minutes. (The Recording Secretary referred back to the notes and made
the correction. 1 t was Councilmember Hjelle who seconded the motion.)
Councilmember Nephew moved to approve the July 14, 2008, City Council Minutes as amended.
Seconded by Councilmember Rossbach. Ayes -All
The motion passed.
Approval of July 17, 2008, A Continuation of July 14, 2008 City Council Minutes
The following corrections should be made to the July 17, 2008, A Continuation of July 14, 2008
City Council Minutes. On page 6 of the Consent Agenda, item M2, it should be ayes -all
On Page 8, number 2. it should say ayes -all.
Mayor Longrie made clarifications to page 2, number 5. to read:
5. Beaver Lake Plat Update -Mayor Longrie
b. Mayor Longrie stated that she has not checked Councilmember Nephew's website
to see if he had made corrections. Mayor Longrie stated Councilmember Nephew
had previously indicated that Mayor Longrie had made a statement. Mayor Longrie
clarified for the record that she reviewed the tape of two separate council meetings
concerning this project and she didn't find the statement Councilmember Nephew
was referring to.
Councilmember Juenemann had a correction to page 13, item 6, the motion for the Breast
Cancer 3-Day. Mayor Longrie who had seconded the motion was not reflected in the minutes.
Mayor Longrie moved to approve the July 17, 2008, A Continuation of July 14, 2008, City Council
Minutes as amended.
Seconded by Councilmember Rossbach. Ayes -All
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City Council Meeting Minutes
The motion passed.
F. VISITOR PRESENTATIONS -PART I
Dave Schelling, 1955 Greenbrier Street, Maplewood asked the following questions
and requested a response to his questions.
a. Do you think you should put a cap on salaries and at what point?
b. How can taxpayers pay fora $800,000 tainted park? how do we pay for it? Raise taxes
again? (Referring to Gethsemane Park coming up at the end of August)
c. How much more debt can you add to the city. Another $5 million, $10 million.
d. He would like to see the salaries of all the employees at Maplewood.
(Agenda items G. and H. were moved to the end of the council meeting)
G. ADMINISTRATIVE PRESENTATIONS
National Night Out - No Report
MCC Outdoor Sign - No Report
H. COUNCIL PRESENTATIONS
1. Business Registration Program -Councilmember Nephew
2. Finance Department - (Added by Mayor Longrie during approval of agenda)
APPOINTMENTS AND PRESENTATIONS
Deputy Public Works Director, DuWayne Konewko introduced the item.
1. TH 49 Corridor Study Report - No Action Needed
a. Jim Tolass, Project Manager with Ramsey County gave the presentation.
J. PUBLIC HEARINGS
None.
K. UNFINISHED BUSINESS
Carver Crossing Development - (To Be Tabled)
Councilmember Juenemann moved to table the Carver Crossing Development Contract until the
August 11, 2008, council meeting.
Seconded by Councilmember Nephew. Ayes -All
The motion passed.
2. Dynamic Display Sign Ordinance
a. Environmental Planner, Shann Finwall gave the report and answered questions of
the council.
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City Council Meeting Minutes
b. City Clerk, Citizen Services Director, Karen Guilfoile spoke regarding the
Community Center Sign.
c. City Attorney, Alan Kantrud answered questions of the council.
Mayor Longrie asked if anyone in the audience wanted to speak regarding this item.
Jeff Kehr, General Manager, Myth Nightclub, 3090 Southlawn Drive, Maplewood
addressed the council. His memo to the council has been included for the permanent
record.
I stand before you this evening to share with you my thoughts regarding the proposed Dynamic
Sign Display Ordinance. I am grateful that the city continues to do its due diligence on amending
old ordinances to conform to the ever changing world of technology. As you mayor may not be
aware, the Myth has been operational now for 3 years. Since its inception, we have strived to be
neighbors in good standing with the city. I believe that other than a few growing pains for both the
City and the Myth, we have achieved just that. Tonight we have reached another growing pain
specifically related to Dynamic Displays. Although I would agree that a new ordinance is needed,
I will argue the fact that our sign was approved by this city over three years ago. Any changes to
how our dynamic display operates could have legal implications. I find the proposed ordinance to
be unfair. On the surface it appears that the real winners here are Clear Channel Outdoors and
the City of Maplewood. As the city begins to prepare for the installation of its new sign, it is
apparent that those involved in the review process are making recommendations that fit the city's
needs versus recommendations that meet the needs of the rest of the community. Although
concerned with the overall recommendations, we are very concerned about the recommended
changeover rate of 10 minutes for on-site display boards versus 12 seconds for off-site display
boards. Not fully understanding the rationale behind this, one would think that based on the
information presented in a memorandum drafted by Shann Finwall on July 18 the changeover
rate has to do with public safety. With that stated, you would think that as you are driving 55-65
mph down Highway 36 you would want less of a changeover rate versus a location where the
speed limit is 30-45 mph.
You can find studies to support that Dynamic displays are or are not distractions to drivers.
Studies done in Texas and Wisconsin would support that dynamic displays do not cause more of
a distraction than the static boards already in place. In fact, the Minnesota Department of
Transportation released a study that showed roadside images that change at intervals greater
than every six seconds aren't a significant distraction to drivers. Greater distractions happen from
within the car as related to cell phone usage, radio play, or children. The U.S. Department of
Transportation also examined several studies on dynamic displays and found inconclusive
evidence that these types of billboards create a hazard. Other evidence that should be
considered is the fact that in its 3 years of being operational, I am not aware of any accidents
related to our dynamic display board. The idea of the Myth being able to change its message
once every 10 minutes will not be acceptable. A changeover rate equal to or less than that
currently recommended for off-site displays would be considered.
In the end, it is our hope that the city treats the Myth's dynamic display sign similar to the
recommendations for the community center's dynamic display. This recommendation would be to
grandfather in our reader board as apre-approved legal conformity. Thank you.
Councilmember Rossbach moved to direct staff to further explore the time that the displays are
allowed to be up for both on-site and off-site with 10 minutes being too long for on-site and 12
seconds is too short for off-site.
Seconded by Councilmember Juenemann.
July 28, 2008
City Council Meeting Minutes
Councilmember Nephew made a friendly amendment to change the time to 5 minutes on-site and
15 seconds off site.
Councilmember Rossbach denied the friendly amendment.
Councilmember Rossbach withdrew his motion and made a new motion.
Councilmember Rossbach moved to direct staff to further explore the time that the displays are
allowed to be up for both on-site and off-site with 10 minutes being too long for on-site and 15
seconds is too short for the off-site.
Seconded by Councilmember Nephew.
The motion passed.
Ayes -Councilmembers Juenemann,
Nephew and Rossbach
Nays -Mayor Longrie and
Councilmember Hjelle
Councilmember Nephew moved to direct staff to install the sign at the Maplewood Community
Center operating under the guidelines of the current city code until the Dynamic Sign Ordinance
is approved.
Seconded by Mayor Longrie.
The motion passed.
Ayes -Mayor Longrie,
Councilmembers Juenemann,
Nephew &Rossbach
-Councilmember Hjelle
Councilmember Nephew moved to table the question of the comprehensive sign plan for the city
hall campus for some time subsequent to there being a sign ordinance in place.
Seconded by Mayor Longrie. Ayes -All
The motion passed.
The council took a 10-minute recess at 9:20 p. m.
The council meeting reconvened at 9:30 p.m.
NEW BUSINESS
Approval for Transfers from General Fund to Community Center Fund, Recreation
Fund and Capital Improvement Fund.
a. Finance Director, Bob Mittet gave the report.
b. Director Citizen Services, Karen Guilfoile answered questions of the council.
c. Deputy Director of Public Works, DuWayne Konewko answered questions of the
council.
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City Council Meeting Minutes
Councilmember Rossbach moved to approve the Transfers from General Fund to Community
Center Fund, Recreation Fund and Capital Improvement Fund as of December 31, 2007, in the
amount of $532,000.00.
Seconded by Councilmember Hjelle. Ayes -All
The motion passed.
2. Request Approval to Proceed With Preliminary Engineering Work and Development
of Master Plan for Lions Park.
a. Deputy Director of Public Works, DuWayne Konewko gave the presentation.
Councilmember Rossbach moved approval of funding for the preliminary engineering work at
Lions Park in an amount not to exceed $20,000. The CIP #PM03.010 has $50,000 allocated in
2008 to begin the work. $25,000 of this comes from the Environmental Utility Fund and the
remaining $25,000 comes from the Park Development Fund. Further recommending authorization
to enter into a contract with SEH for the preliminary engineering work at Lions Park. When
preliminary engineering work is complete, staff will begin working with the Parks Commission and
the Lions Park neighborhood to begin development of a master plan for the park. Staff will also
continue to update council on the progress and outcomes of these discussions.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
3. Council Consideration to Conduct a Feasibility and Alignment Study for the Lake
Links Trail Improvements Between McKnight Road and Joy Park.
a. Deputy Director of Public Works, DuWayne Konewko gave the presentation.
Councilmember Rossbach moved to approve funding for the feasibility and alignment study for
the Lake Links Trail improvements between McKnight Road and Jov Park in an amount not to
exceed $15,000. The CIP #PM03.010 has $100,000 (Parks -Trail Development) allocated in
2008 for trail development in the city. Further recommending authorization to enter into a contract
with Kimley-Horn and Associates, Inc. to conduct the feasibility and alignment study. When the
feasibility and alignment study is complete, staff will begin working with the Parks Commission to
discuss the merits of the proposed alignment options. The commission will make a
recommendation and bring it to council for further consideration. Staff will continue to update
council on the progress and outcomes of these discussions regarding the Feasibility and
Alignment Study for the Lake Links Trail Improvements Between McKnight Road and Jov Park.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
4. Propose to Create a Working Group to Reduce City's Carbon Emissions
(Councilmember Hjelle).
a. Deputy Public Works Director, DuWayne Konewko said staff will include a memo
to the city council for the August 11, 2008 city council meeting regarding this item.
(For some reason the memo from Councilmember Hjelle did not print properly in the council
packet and appeared as a blank page. However, the document was saved properly and was
shown complete on the city website. (The Recording Secretary included the memo below for the
permanent record.)
July 28, 2008
City Council Meeting Minutes
FROM: Councilmember Erik Hjelle
07/28/08 Council Agenda Item Agenda Item L4
Since the council majority has committed Maplewood City government to implementing the Kyoto
Protocol on Carbon Emissions, a working group should be created to find ways to meet this goal.
I would like to create a working group that will provide the council and city manager with
recommendations and steps that can be taken now and in the future to reduce the "Carbon
Footprint" of the City. As the city works on the budget and other planning documents for 2009, it
must incorporate this agreement and find ways to meet its goals.
The working group goals will include steps that can be taken to reduce energy use immediately,
and over the long term. The group will discuss future fleet vehicle replacement and alternatives.
Building and renovation work that will increase efficiency and reduce energy needs. The group
will explore what other cities and groups are doing to reduce carbon emissions. The group will
also work on what exactly the goals of the Protocol are, and what will be needed to reach those
goals.
Motion. That the city manager assist Councilmember Hjelle in creating a working group that will
help the City reach its goal of adopting the Kyoto Protocol on Carbon Emissions.
Councilmember Rossbach moved to approve authorizing Acting City Manager, Chuck Ahl to
allow a Working Group to be formed to Reduce the City's Carbon Emissions.
Seconded by Councilmember Nephew. Ayes -All
The motion passed.
5. Historic Preservation Commission Car Show Request - No Report
Councilmember Juenemann moved to table the Historic Preservation Commission Car Show
Request until August 11, 2008.
Seconded by Councilmember Nephew. Ayes -All
The motion passed.
6. Approval of Claims
Councilmember Nephew moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 407,416.12 Checks # 75941 thru # 76000
$ 177,039.18 Disbursements via debits to checking account
Dated 0702/08 thru 07/11/08
$ 685,435.37 Checks # 76001 thru # 76054
Dated 07/15/08 thru 07/22/08
$ 335,813.96 Disbursements via debits to checking account
dated 07/11/08 thru 07/18/08
July 28, 2008
City Council Meeting Minutes
$ 1,605,704.63 Total Accounts Payable
PAYROLL
$ 533,465.77 Payroll Checks and Direct Deposits dated 07/11/08
$ 3,420.67 Payroll Deduction check #1005097 thru #1005099
dated 04/18/08
$ 536,886.44 Total Payroll
$ 2.142.591.07 GRAND TOTAL
Seconded by Councilmember Rossbach.
Ayes -Mayor Longrie,
Councilmembers Juenemann,
Nephew &Rossbach
-Councilmember Hjelle
The motion passed.
M. CONSENT AGENDA
1. Councilmember Nephew moved to approve items 1, 3, 4, 6, 8 - 11.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
2. Mayor Longrie moved to approve item 2.
Seconded by Councilmember Nephew. Ayes -All
The motion passed.
3. Mayor Longrie moved to approve item 5.
Seconded by Councilmember Hjelle. Ayes -All
The motion passed.
4. Councilmember Juenemann moved to approve item 7.
Seconded by Mayor Longrie. Ayes -All
The motion passed.
1. Century Avenue Improvements, City Project 03-15, Award of Bid.
Councilmember Nephew moved to approve the Resolution for the Award of Bid for Centu
Avenue Improvements (Brookview Drive to Lake Roadl. Citv Proiect 03-15.
Century Avenue Improvement Award of Bid Resolution 08-07-110
July 28, 2008
City Council Meeting Minutes
8
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Danner, Inc. in the amount of $12,647,701.32 is the lowest responsible bid for the
construction of the Century Avenue Improvements (Brookview Drive to Lake Road) -City Project
03-15, and per the cooperative agreement between Ramsey County and the City of Maplewood
(Agreement PW2008-04), the City of Maplewood, through this resolution, is signifying
concurrence in order for Ramsey County to enter into a construction contract with Danner, Inc. for
said improvements.
Adopted by the council on this 28~h day of July 2008.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
2. TH 61/Frost Avenue Intersection Improvements, City Project 07-30, Approve Plans and
Specs and Authorize Ad for Bids.
Mayor Longrie moved to approve the Resolution for TH 61/Frost Avenue Intersection
Improvements, City Proiect 07-30, Approve Plans and Specs and Authorize Ad for Bids.
RESOLUTION 08-07-111
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on June 11~h, 2007, plans
and specifications for TH 61/Frost Avenue Improvements, City Project 07-30, have been
prepared by (or under the direction of) the city engineer, who has presented such plans and
specifications to the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, acopy of which are attached hereto and made a part
hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be published twice, at least twenty-
one days before the date set for bid opening, shall specify the work to be done, shall state that
bids will be publicly opened and considered by the council at 10:00 a.m. on the 29th day of
August, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the
clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood,
Minnesota for five percent of the amount of such bid.
3. The city clerk and city engineer are hereby authorized and instructed to receive, open,
and read aloud bids received at the time and place herein noted, and to tabulate the bids
received. The council will consider the bids, and the award of a contract, at the regular city
council meeting of September 8~h, 2008.
Seconded by Councilmember Nephew. Ayes -All
The motion passed.
3. Stop Sign Requests Update - No Action Needed
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City Council Meeting Minutes
Councilmember Nephew moved to approve the stop sign request.
Seconded by Councilmember Juenemann. Ayes -All
4. Kohlman Lane Area Street Improvements, City Project 07-21, Resolution for Modification
of the Existing Construction Contract, Change Order No. 1.
Councilmember Nephew moved to approve the Resolution for the Modification of Existing
Construction Contract, Change Order No. 1, for City Proiect 07-21.
RESOLUTION 08-07-112
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 07-21, CHANGE ORDER N0.1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 07-21, Kohlman Lane Area 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 07-21, Change Order No. 1.
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.1 in the amount of $10,499.00.
The revised contract amount is $1,886,308.00.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
5. Hazelwood Street Improvements, City Project 07-25, Mn/DOT Cooperative Agreement.
Mayor Longrie moved to approve the Resolution for the Hazelwood Street Improvements, City
Proiect 07-25: Approval of Cooperative Agreement No. 93143 with Mn/DOT for Pedestrian/Bike
Trail, and authorize the mayor and city manager to sign the agreement signifying council
approval.
RESOLUTION 08-07-113
IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 93143
with the State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the State to the City of the State's share of the costs of the
pedestrian/bike trail construction and other associated construction to be performed upon, along
and adjacent to Trunk Highway No. 36 from Bruce Vento Trail to Hazelwood Street within the
corporate City limits under State Project No. 6211-87 (T.H. 36=118).
IT IS FURTHER RESOLVED that the Mayor and the City Manager are hereby authorized to
execute the Agreement and any amendments to the Agreement.
Adopted by council this 28~h day of July 2008.
PRE-LETTING STATE OF MINNESOTA Mn/DOT
July 28, 2008 10
City Council Meeting Minutes
SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO.
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT 93143
S.P. 6211-87 (T.H. 36=118)
S.A.P. 138-112-007
C.P. 07-25
State Funds
The State of Minnesota
Department of Transportation, and
The City of Maplewood
Re: State lump sum payment for
bituminous trail connection
construction by the City
adjacent to T.H. 36
AMOUNT ENCUMBERED
$40,000.00
AMOUNT RECEIVABLE
None)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Maplewood, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
WHEREAS, the City is about to perform bituminous pedestrian/bike
trail construction and to allow for the permanent closing of the
pedestrian crossing at Hazelwood Street across Trunk Highway No. 36
and other associated construction upon, along and adjacent to Trunk
Highway No. 36 from Bruce Vento Trail to Hazelwood Street within the
corporate City limits in accordance with City-prepared plans,
specifications and special provisions designated by the City as City
Project No. 07-25 and by the State as State Project No. 6211-87
(T.H. 36=118); and
WHEREAS, the City has requested participation
costs of the bituminous pedestrian/bike trail
WHEREAS, the State is willing to participate
bituminous pedestrian/bike trail construction
construction engineering in a lump sum amount
hereinafter set forth; and
by the State in the
construction; and
in the costs of the
and associated
equal to $40,000.00 as
WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
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ARTICLE 2 -CONSTRUCTION BY THE CITY
Section A. Contract Award and Construction
The City shall receive bids and award a construction contract to the
lowest responsible bidder, subject to concurrence by the State in
that award, in accordance with State-approved City plans,
specifications and special provisions designated by the City as City
Project No. 07-25 and by the State as State Project No. 6211-87
(T.H. 36=118). The contract construction shall be performed in
accordance with State-approved City plans, specifications and special
provisions that are on file in the office of the City's Engineer, and
are incorporated into this Agreement by reference.
Section B. Permanent Pedestrian Crossing Closure by the State
The State will be responsible for the permanent closure and removal
of the pedestrian crossing at Hazelwood Street and Trunk Highway
No. 36.
Section C. Documents to be Furnished to the State
The City shall, within 7 days of opening bids for the construction
contract, submit to the State's District Engineer at Roseville a copy
of the low bid and an abstract of all bids together with the City's
request for concurrence by the State in the award of the construction
contract. The City shall not award the construction contract until
the State advises the City in writing of its concurrence therein.
Section D. Resection of Bids
The City may reject and the State may require the City to reject any
or all bids for the construction contract. The party rejecting or
requiring the rejection of bids must provide the other party written
notice of that rejection or requirement for rejection no later than
30 days after opening bids. Upon the rejection of all bids pursuant
to this section, a party may request, in writing, that the bidding
process be repeated. Upon the other party's written approval of such
request, the City will repeat the bidding process in a reasonable
period of time, without cost or expense to the State.
Section E. Direction, Supervision and Inspection of Construction
The contract construction shall be under the direction of the City
and under the supervision of a registered professional engineer;
however, the contract construction shall be open to inspection by
the State District Engineer's authorized representatives. The City
July 28, 2008 12
City Council Meeting Minutes
shall give the District Engineer at least five days notice of its
intention to start the contract construction.
Responsibility for the control of materials for the contract
construction shall be on the City and its contractor and shall be
carried out in accordance with Specifications No. 1601 through and
including No. 1609 as set forth in the State's current "Standard
Specifications for Construction".
Section F. Completion of Construction
The City shall cause the contract construction to be started and
completed in accordance with the time schedule in the construction
contract special provisions. The completion date for the contract
construction may be extended, by an exchange of letters between the
appropriate City official and the State District Engineer's
authorized representative, for unavoidable delays encountered in the
performance thereof.
Section G. Plan Changes, Etc.
All changes in the plans, specifications and special provisions for
the contract construction and all addenda, change orders and
supplemental agreements entered into by the City and its contractor
for contract construction must be approved in writing by the State
District Engineer's authorized representative.
Section H. Compliance with Laws, Ordinances and Regulations
The City shall, in connection with the award and administration of
the construction contract and the performance of the contract
construction, comply and cause its contractor to comply with all
Federal, State and Local laws, and all applicable ordinances and
regulations.
Section 2. Right-of-wav, Easements and Permits
The City shall, without cost or expense to the State, obtain all
rights-of-way, easements, construction permits and any other permits
and sanctions that may be required in connection with the contract
construction. Prior to advance payment by the State, the City shall
furnish the State with certified copies of the documents for those
rights-of-way and easements, and certified copies of those
July 28, 2008 13
City Council Meeting Minutes
construction permits and other permits and sanctions required for
the contract construction.
The City is responsible for complying with and following Minnesota
Statues 216D.04, Subdivision la, for identification, notification,
design meetings and depiction of utilities affected by the contract
construction.
ARTICLE 21 -PAYMENT BY THE STATE
The State shall advance to the City, as the State's full and
complete share of the costs of the pedestrian/bike trail
construction and associated construction engineering to be performed
upon, along and adjacent to Trunk Highway No. 36 from Bruce Vento
Trail to Hazelwood Street within the corporate City limits under
State Project No. 6211-87 (T.H. 36=118), a lump sum in the amount of
$40, 000.00.
The State shall advance to the City the lump sum amount after the
following conditions have been met:
A. Encumbrance by the State of the State's full and complete lump
sum cost share.
B. Receipt by the State from the City of certified documentation
for all of the right-of-way and easement acquisition required
for the contract construction, and the approval of that
documentation by the, State's Land Management Director at St.
Paul.
C. Execution and approval of this Agreement and the State's
transmittal of it to the City. If execution and approval of
this Agreement does not constitute concurrence by the State in
the award of the construction contract, a letter advising the
City of the State's concurrence in the award of the
construction contract shall accompany the City's copy of this
Agreement.
D. Receipt by the State of a written request from the City for the
advancement of funds. The request shall include certification by
the City that all necessary parties have executed the
construction contract.
July 28, 2008 14
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ARTICLE 222 -CONSTRUCTION DOCUMENTS FURNISHED BY THE CITY
The City shall keep records and accounts that enable it to provide
the State, when requested, with the following:
A. Copies of the City contractor's invoice(s) covering all contract
construction.
B. Copies of the endorsed and canceled City warrant(s) or check(s)
paying for final contract construction, or computer documentation
of the warrant(s) issued, certified by an appropriate City
official that final construction contract payment has been made.
C. Copies of all construction contract change orders and
supplemental agreements.
D. A certification form, provided by the State, signed by the City's
Engineer in charge of the contract construction attesting to the
following:
1. Satisfactory performance and completion of all contract
construction in accordance with State-approved City plans,
specifications and special provisions.
2. Acceptance and approval of all materials furnished for the
contract construction relative to compliance of those
materials to the State's current "Standard Specifications for
Construction".
3. Full payment by the City to its contractor for all
contract construction.
E. Copies, certified by the City's Engineer, of material sampling
reports and of material testing results for the materials
furnished for the contract construction.
E. A copy of the "as built" plan sent to the State's District
Engineer.
ARTICLE IV -GENERAL PROVISIONS
Section A. Replacement of Castings
The City shall furnish its contractor with new castings and parts
for all inplace City-owned facilities constructed hereunder when
replacements are required, without cost or expense to the State.
July 28, 2008 15
City Council Meeting Minutes
Section B. Limited Use Permit
The State requests and the City agrees to enter into a Limited Use
Permit for the pedestrian/bicyclist facility located adjacent to and
on the south side of T.H. 36. The Limited Use Permit covers
operation, ownership and maintenance responsibilities of the
pedestrian/bike facilities.
Section C. Maintenance by the City
Upon completion of the City-owned utilities construction to be
performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of those
utilities, without cost or expense to the State.
Upon completion of the pedestrian/bike trail construction to be
performed within the corporate City limits under the construction
contract, the City shall own, operate and provide for the proper
maintenance of the pedestrian/bike trail, without cost or expense to
the State.
Section D. Additional Drainage
Neither party to this Agreement shall drain any additional drainage
into the storm sewer facilities to be constructed under the
construction contract, that was not included in the drainage for
which the storm sewer facilities were designed, without first
obtaining written permission to do so from the other party. The
drainage areas served by the storm sewer facilities constructed under
the construction contract are shown in a drainage area map, EXHIBIT
"Drainage Area", which is on file in the office of the State's
District Hydraulics Engineer at Roseville and is incorporated into
this Agreement by reference.
Section E. Pedestrian Crossing at Hazelwood Street
The City agrees to allow for the permanent closing of the pedestrian
crossing at Hazelwood Street and T.H. 36.
Section F. Termination of Agreement
Each party may terminate this Agreement, with or without cause, by
providing the other party with written or fax notice of effective
date of termination. The State is not obligated to pay for services
performed after notice and effective date of termination. Upon such
termination, the City is entitled to payment for services
satisfactorily performed under this Agreement prior to the effective
date of termination.
July 28, 2008 16
City Council Meeting Minutes
The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding
source; or if funding cannot be continued at a level sufficient to
allow for the payment of the services covered under this Agreement.
Termination must be by written or fax notice to the City. The State
is not obligated to pay for services performed after notice and
effective date of termination. Upon such termination, the City is
entitled to payment for services satisfactorily performed under this
Agreement prior to the effective date of termination, to the extent
the funds are available.
Section 6. Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
each party relevant to this Agreement are subject to examination by
each party, and either the legislative auditor or the state auditor
as appropriate, for a minimum of six years from final payment.
Section H. Claims
Each party is responsible for its own employees for any claims
arising under the Workers Compensation Act. Each party is
responsible for its own acts, omissions and the results thereof to
the extent authorized by law and will not be responsible for the acts
and omissions of others and the results thereof. Minnesota Statutes
Section 3.736 and other applicable law govern liability of the State.
Minnesota Statutes Chapter 466 and other applicable law govern
liability of the City.
Section 2. Nondiscrimination
The provisions of Minnesota Statutes Section 181.59 and of any
applicable law relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
Section J. Agreement Approval
Before this Agreement becomes binding and effective, it shall be
approved by a City Council resolution and executed by such State and
City officers as the law may provide in addition to the Commissioner
of Transportation or their authorized representative.
ARTICLE V -AUTHORIZED AGENTS
July 28, 2008 17
City Council Meeting Minutes
The State's Authorized Agent for the purpose of the administration
of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155,
(651) 366-4634.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Chuck Ahl, City Engineer, or their successor.
Their current address and phone number are 1830 County Road B East,
Maplewood, MN 55109, (651) 249-2402,
IN TESTIMONY WHEREOF the parties have executed this Agreement by
their authorized officers.
STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF
TRANSPORTATION
Individual certifies that funds have been encumbered Recommended for approval:
as required by Minn. stat. §§]6A.75 and 160.05.
BY
By
Date
MAPS Encumbrance
CITY OF MAPLEWOOD
By
Date
By
TiTle
Date
Seconded by Councilmember Hjelle.
The motion passed.
Ayes - All
6. Joint Powers Agreement with North Saint Paul, Water Service Boundary Adjustment
Councilmember Nephew moved to approve Joint Powers Agreement with the City of North Saint
Paul and authorize the mayor and city manager to sign the agreement signifying city council
approval for the Water Service Boundary Adjustment
District Engineer
Approved:
By
State Design Engineer
Date
Approved as to form and execution:
By
Contract Management
Date
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
Date
July 28, 2008 18
City Council Meeting Minutes
ADDENDUM TO THE WATER SERVICE AGREEMENT DATED THE
2ND DAY OF MAY, 2000
City of Maplewood /City of North Saint Paul
Revision of Water Service Area Boundary (July 2008)
THIS AMMENDMENT TO THE WATER SERVICE AGREEMENT made and entered in
this 28th day of July, 2008, by and between the City of Maplewood, Ramsey County, Minnesota,
and the City of North Saint Paul, Ramsey County, Minnesota.
WHEREAS, the City of Maplewood and the City of North Saint Paul, pursuant to the
provision of Minnesota Statutes Chapter 471.59, are authorized to enter into agreements to
exercise jointly the governmental powers and functions each has individually; and,
WHEREAS, the original water service agreement boundary, for which North Saint Paul
Water was provide water service to a portion of the City of Maplewood, was listed in a previous
agreement between the City of Maplewood and the City of North Saint Paul as provided in
"Exhibit A" as the common City boundary on the south, Interstate Highway 694 on the north,
Ariel Street projected on the west, T.H.120 on the east; in addition to Stanich Curve and Knoll
Circle; and,
WHEREAS, the water service boundary needs to be revised from the original agreement
to reflect existing conditions with the understanding the Saint Paul Regional Water Service
provides water service along Ariel Street, between Woodlyn Avenue and County Road D, and
along a portion of County Road D extending approximately 650 feet east of Ariel Street; and,
WHEREAS, the City of Maplewood and the City of North Saint Paul understand that a
change to the water service boundary is needed to reflect existing conditions as depicted in
"Exhibit B" attached; and,
NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows, to
wit
1. The original water service agreement still governs and this agreement serves to
amend the water service boundaries stated below;
Ariel Street, between Woodlyn Avenue and County Road D, is currently served by
Saint Paul Regional Water Services and is no longer is considered within the original
water service boundary.
July 28, 2008 19
City Council Meeting Minutes
Approximately 650 feet of County Road D, east of Ariel Street, is currently served by
Saint Paul Regional Water Services and is no longer considered within the North
Saint Paul water service boundary for service to Maplewood.
2. Said water service boundary adjustment shall be without compensation.
3. The City of Maplewood and the City of North Saint Paul agree to indemnify each other
and hold each other harmless from any and all claims, causes of action, lawsuits,
judgments, charges, demands, costs, and expenses, including, but not limited to,
interest involved therein and attorneys' fees and costs and expenses connected
therewith, arising out of or resulting from the failure of either party to satisfy the
provisions of this agreement or for damages caused to other parties as a result of the
manner in which the City of Maplewood or the City of North Saint Paul perform or fail
to perform duties imposed on each party by the terms of this agreement.
4. This agreement shall remain in full force and effect until terminated by mutual
agreement of the City of Maplewood and the City of North Saint Paul or by an
independent arbitrator in the event that there is not a neutral agreement.
5. It is agreed that, except as specifically provided hereby the execution of this
agreement, neither party relinquishes any rights or powers possessed by it, neither
party is relieved of any responsibility, duty or obligation imposed on it by law or
regulation.
6. Data Practices:
a. The City of Maplewood and the City of North Saint Paul agree to comply with
the Minnesota Data Practices Act and all other state and federal laws relating
to data privacy or confidentiality;
b. The City of Maplewood and the City of North Saint Paul will immediately report
to each other any requests from third parties for information relating to this
Agreement.
c. The City of Maplewood and the City of North Saint Paul agree to promptly
respond to each other's inquiries concerning data requests.
7. Arbitration of Disputes: Any controversy claim arising out of or relating to this
Agreement or breach thereof shall be settled by arbitration in accordance with the
rules of the American Arbitration Association. Judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof.
July 28, 2008 20
City Council Meeting Minutes
8. Notices: Whenever it shall be required or permitted by this Agreement that notice or
demand be given or served by either party to or on the other party, such notice or
demand shall be delivered personally or mailed by United States mail to the
addresses hereinafter set forth by certified mail. Such notice or demand shall be
deemed timely given when delivered personally or when deposited in the mail in
accordance with the above. The addresses of the parties hereto for such mail
purposes are as follows:
City Manager
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
City Manager
City of North Saint Paul
2400 Margaret Street
North St. Paul, MN 55109
IN WITNESS WHEREOF, the parties have executed this Agreement on this
day of
CITY OF MAPLEWOOD
Mayor -Diana Longrie
Acting City Manager - R. Charles Ahl
Approved as to form by Legal Counsel
Seconded by Councilmember Juenemann.
The motion passed.
Ayes -All
7. Maplewood Nature Center Trail Improvements, Resolution for Acceptance of Federal
Recreation Trail Grant for Maplewood Nature Center Trails.
Councilmember Juenemann moved to approve the Resolution supporting a $12,245 Federal
Recreation Trail reimbursement grant from the Minnesota DNR, and authorize matching funds up
to $12,245 to be provided from Capital Improvement Plan protect PM07.100 Parks-Trail
Development.
Resolution 08-07-114
CITY OF MAPLEWOOD, MINNESOTA
RESOLUTION OF ACCEPTANCE OF
FEDERAL RECREATIONAL TRAIL GRANT
WHEREAS, The City of Maplewood supports the grant application made to the Minnesota Department of
Natural Resources for the Federal Recreational Trail Grant Program. The application is to renovate,
2008
CITY OF NORTH SAINT PAUL
Mayor -Michael (Mike) Kuehn
City Manager -Walter T. Wysopal
Approved to form by Legal Counsel
July 28, 2008 21
City Council Meeting Minutes
enhance and maintain a large portion of the 1 Y miles of hiking trails located within the 40 acre nature
preserve called Maplewood Nature Center.
NOW, THEREFORE, BE IT RESOLVED, if the City of Maplewood is awarded a grant by the Minnesota
Department of Natural Resources, the City of Maplewood agrees to accept the grant award, and may
enter into an agreement with the State of Minnesota for the above referenced project. The City of
Maplewood will comply with all applicable laws, environmental requirements and regulations as stated in
the grant agreement, and
BE IT FURTHER RESOLVED, the City of Maplewood shall match the grant with cash or in-kind services,
and
BE IT FURTHER RESOLVED, the City Council of the City of Maplewood names the fiscal agent for the
City of Maplewood for this project as:
Robert Mittet, Director of Finance
City of Maplewood
1830 County Road B E
Maplewood, MN 55109
BE IT FURTHER RESOLVED, The City of Maplewood hereby assures the Maplewood Nature Center
Trail will be maintained for a period of no less than 20 years.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 28~h DAY
OFJULY. 2008.
Passed by the Maplewood
City Council on July 28, 2008.
Diana Longrie, Mayor
Attest:
Karen Guilfoile, City Clerk
Seconded by Mayor Longrie. Ayes -All
The motion passed.
8. Approval to Accept Donation to Support the Taste of Maplewood.
Councilmember Nephew moved approval to Accept $100 Donation from Bruce Mogren, Inc. in
Support of the Taste of Maplewood.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
9. Approval to Accept Donation to the Police Department
Councilmember Nephew moved approval to accept the $425 Donation from the Ramsey County
Agricultural Society to the Police Department for their equipment and/or training and necessary
budget adjustments shall be made so the funds can be expended as designated.
Seconded by Councilmember Juenemann. Ayes -All
July 28, 2008 22
City Council Meeting Minutes
The motion passed.
10. Temporary Gambling Permit and Fee Waiver -Church of St. Jerome, 380 Roselawn
Avenue East.
Councilmember Ne
food permit
moved to approve
Church of St. Jerome's Temporary Gambling Permit Resolution 08-07-109
BE IT HERESY RESC71_\/ED, by the City Council cf Maplerracsd. Pv1innesc~ta, that the
temporary premises permit fvr la~$vful gambling is approved fcrr St. Jerome Chu,reh, 380 E.
Roselawn Avenue. Maple°vraod.
FURTHERMORE, that. tf-€e Maple~~~ovd City Ccuncil ~~+aives any ob~ecticn to the
timeliness cf app8ication for said permit as governed by Mi,nnesata itatute §349.213.
FURTHERMORE, that the Mapleyvood City Council requests that the Gambling Central
Drvison of the Minnesota Department of Gaming approve said permit application as being in
coirpliance ~:~ith P,rlinnesota Statute ;349.2.13..
NOVv`, THEREFORE, be it furkher resolved that this Resoiution by the City Council of
Maple^vrQOd. Minnesota, be far~,rarded to the Gambling Control Divislcn for their apprrvai.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
11. Emergency Repair -Fire Department
Councilmember Nephew moved to approve the Emergency Repair -Fire Department to repair
fraying cables for a cost of $12,942.52.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
N. AWARD OF BIDS
Award of Contract for City Manager Search Firm
Councilmember Rossbach moved to approve Awarding a contract to Par Group for the purpose
of assisting the Citv Council with the selection process for a permanent Citv Manager in the
amount not to exceed the number budgeted up to $40,000 shown in the staff report and
authorizes the Acting Citv Manager. Chuck Ahl to execute the proposal authorizing the work
program.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
O. VISITOR PRESENTATIONS -PART II
July 28, 2008 23
City Council Meeting Minutes
None.
(Moved to the end of the council meeting due to time constraints)
G. ADMINISTRATIVE PRESENTATIONS
National Night Out Tuesday, August 5, 2008 - (No Report)
a. Maplewood Police Chief, Dave Thomalla gave a brief update.
2. MCC Outdoor Sign - (No Report)
a. City Clerk, Director Citizen Services, Karen Guilfoile briefly addressed the council.
H. COUNCIL PRESENTATIONS
Business Registration Program -Councilmember Nephew
a. City Clerk, Director Citizen Services, Karen Guilfoile addressed and answered
questions of the council.
b. City Attorney, Alan Kantrud answered questions of the council.
Councilmember Nephew moved to extend the meeting past the 11:00 p.m. cun`ew.
Seconded by Mayor Longrie.
Ayes -Mayor Longrie,
Councilmembers Hjelle,
& Nephew
- Councilmember Juenemann
Abstain -Councilmember Rossbach
2. Changes in the Finance Department - (Added by Mayor Longrie)
a. Finance Director, Bob Mittet answered questions of the Mayor and Council.
P. ADJOURNMENT
Mayor Longrie adjourned the meeting at 11:08 p.m.
July 28, 2008 24
City Council Meeting Minutes