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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 July 28, 2008 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. July 28, 2008 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. July 28, 2008 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 July 28, 2008 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: July 28, 2008 11 City Council Meeting Minutes 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 City Council Meeting Minutes 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