HomeMy WebLinkAbout10-13-2008MINUTES
MAPLEWOOD CITY COUNCIL
6:30 p.m., Monday, October 13, 2008
Council Chambers, City Hall
Meeting No. 29-08
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 6:55 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
The following items were requested to be added to Council Presentations.
H1. Rush Line Open House -Councilmember Rossbach
H2. Silver Lake Association Membership for the City of Maplewood -Mayor Longrie
H3. Update on the Silver Lake Link Design Open House -Mayor Longrie
H4. Channel 16 Rebroadcasting of City Meetings -Mayor Longrie
H5. Kaboom Playground Update and Designation of Playful Cities for 2008 -Mayor Longrie
Councilmember Hjelle moved to approve the agenda as amended.
Seconded by Councilmember Nephew Ayes -All
The motion passed.
APPROVAL OF MINUTES
Councilmember Rossbach moved to approve the September 15, 2008, Special Closed Session
Meeting Minutes as submitted.
Seconded by Councilmember Juenemann.
The motion passed.
Ayes -Mayor Longrie,
Councilmembers Juenemann,
Nephew &Rossbach
Abstain -Councilmember Hjelle
October 13, 2008
City Council Meeting Minutes
Councilmember Rossbach moved to approve the September 22, 2008, City Council Meeting
Minutes as submitted.
Seconded by Councilmember Nephew. Ayes -All
The motion passed.
Councilmember Nephew moved to approve the September 30, 2008, Special Council Meeting
Minutes as submitted.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
VISITOR PRESENTATIONS -PART I
1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten said a City
Engineer was on their property taking photos and she felt it was improper and wanted the
situation investigated.
2. Ann Fosburg, 2516 Idaho Avenue East, Maplewood. Ms. Fosburg read comments aloud
regarding the refusal to have a public hearing to reexamine the reopening of Sterling
Street.
Ralph Sletten, 2747 Clarence Street North, Maplewood. Mr. Sletten asked for further
information regarding a development proposal at the October 7, 2008, Planning
Commission meeting regarding the City of Little Canada and the City of Maplewood and
asked if the issues were resolved. Mr. Sletten also mentioned a memo that was pre-dated
for October 8, 2008, stating the proposal was already approved even though the meeting
was October 7, 2008, and asked that this situation be checked into. (Chuck Ahl said he
would check further into this and bring the answers back to the city council.)
Dave Schelling, 1955 Greenbrier Street, Maplewood. spoke regarding various issues such
as the Dr. Marlene Palkovich case, Maplewood Supervisory raises, south Maplewood
wanting to separate themselves from the rest of the City of Maplewood, The lack of
people attending the City Council meetings and his concern of what is happening in
Maplewood, and his concern of what is happening in surrounding cities, the concern of
spending, employees being laid off and taxes being raised.
5. Christine Stone, 2727 Hazelwood Street, Maplewood. Ms. Stone appreciated the work
that has gone into putting the City of Maplewood's financial records back on track. She
appreciated the effort being put forth by the city council in the hiring process of a new City
Manager. Ms. Stone said she appreciated the article by Dr. Marlene Palkovich,
Chairperson of the Maplewood Police Civil Commission explaining how the board works
and thanked other volunteers who serve on boards and commissions for the city.
(Due to time constraints items G. Administrative Presentations and H. Council
Presentations were moved to the end of the council meeting.)
G. ADMINISTRATIVE PRESENTATIONS
1. Discussion of Scheduling November 3, 2008, as a Work Session
a. Acting City Manager, Chuck Ahl discussed the possibility of having a Workshop on
Monday, November 3, 2008.
H. COUNCIL PRESENTATIONS
October 13, 2008
City Council Meeting Minutes
H1. Rush Line Open House -Councilmember Rossbach
H2. Silver Lake Association Membership for the City of Maplewood -Mayor Longrie
H3. Update on the Silver Lake Link Design Open House -Mayor Longrie
H4. Channel 16 rebroadcasting of city meetings -Mayor Longrie
H5. Kaboom Playground Update and Designation of Playful Cities for 2008 -Mayor Longrie
I. APPOINTMENTS AND PRESENTATIONS
None.
J. PUBLIC HEARINGS
None.
K. UNFINISHED BUSINESS
1. Consider Approval of Resolution Directing Establishment of Panels for Assisting
with Selection of City Manager and Approval of Schedule.
a. Acting City Manager, Chuck Ahl gave the presentation and answered questions of
the council.
Councilmember Nephew moved to Approve the Resolution Directing the Establishment of two
Panels for the Purpose of Assisting with the Selection of a New City Manager, Consistent with the
Parameters Listed within the Report Along with Adopting a Tentative Schedule as Listed Within
the Report.
Adding the January 8, 2009, on the Schedule to council conducts final interviews of two to three
candidates addina Social Reception to follow.
Mayor Lonarie friendly amendment addina the Philosophy of the Appointment. Also Identifvin
the Matrix of items. Those items "could" be based upon the criteria with the Citv Manaaer
Recruitment Profile.
There was a lengthy discussion regarding whether to video tape the meetings or not and the
number of people that would request a copy of the DVD.
RESOLUTION 08-10-151
Directing Establishment of Panels for Assisting with
Selection of City Manager and Approval of Schedule.
WHEREAS, the City Council is desiring to hire a new City Manager, and
WHEREAS, the City Council has entered into a contract with The Par Group for the
purpose of assisting with the review and selection of candidates, and
WHEREAS, the City Council desires the input of employees, commission members,
residents and business representatives, and
WHEREAS, the City Council desires to have a schedule and process for a professional
and systematic selection process.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD THAT the following is established:
There shall be 2 interview panels, as follows:
October 13, 2008
City Council Meeting Minutes
"Employee Panel". 9 persons total.
a. 1 Rep from Police (either street officers or Sergeants).
b. 1 Rep from Fire (full-time).
c. 1 Rep from Metro Sup.
d. 2 Reps from AFSCME.
e. 4 Department Heads or their designee.
f. Appointment to the panel shall be made by the respective Union or Association
Group.
2. "Resident -Business Representative Panel". 11 persons total.
g. Each Councilperson has 2 choices that should be made by the end of October.
h. 1 choice must be either a Commission Member or Business Representative; the
other choice can be an "at large" resident.
The 11th person is a Paid per Call District Fire Chief, also a resident.
3. The panels shall have the following guidance from the City Council:
j. Each panel shall meet at least once in advance of the interview process to
establish procedures for reviewing the candidates.
k. The panels shall generate their own questions.
I. A moderator may be provided for each panel if desired by the panel.
m. The panel shall provide a report to the City Council on their overall findings. This
may include a matrix of items, but this shall be a final determination of the panel.
The Council is not interested in a numerical ranking of the candidates; they are
looking for more detailed evaluations. The panel shall consider the recruitment
profile as the overall City Council philosophy in making their recommendation and
ranking of the candidates. This may include a matrix of items that are consistent
with the Recruitment Profile.
4. Asocial [Community Reception] shall be provided for the panels to "Meet the Candidates"
in a different type of setting, and a more informal basis. This shall occur prior to the
panels making their final report to the Council.
5. These panel meets shall be governed by the Open Meeting Requirements.
6. The following schedule shall generally be adhered to:
September 30 -November 15: The Par Group solicits and reviews candidates
October 31, 2008: Last day for City Council to designate panel members
November 10 - 21, 2008: Advance meetings of Panels; develop questions
November 24, 2008: Executive Session to review "Semi-finalists"
November 28, 2008 City announces names of 4- 6 "finalists"
December 10, 2008: Panels conduct interviews of 4 - 6 "finalists"
Meet the Candidates Social Event at MCC
December 22, 2008: Panels make recommendation to City Council
Council reduces "finalist" list to 2 - 3 candidates
January 8, 2009: Council conducts final interviews of 2 - 3 candidates
Council conducts final interviews
January 12, 2009: Council selects final candidate and authorizes contract
October 13, 2008
City Council Meeting Minutes
February 2, 2009: New City Manager begins employment
Adopted this 13th day of October 2008.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
2. Consider Awarding 2009 Charitable Gambling Funds.
a. Acting City Manager, Chuck Ahl gave the presentation and answered questions of
the council.
Councilmember Nephew
2009 Charitable Gambling Funds Score Sheet
Name of Organiaatlon Requested
Amount 6L K,I EN: JN 4VF2 Proposed.
Award
Frriends #t hlaal_er##~va.urz 5t 0, 744 56.49D 55.400 SQ &8,2A9 S?„2'* SG.~44 '. '.
r.9ap4=_~~,ood Gor-r~run7ty 0=_nter r.4.7+G0 5',4411 56,666 590,466 $5.644 `+8,~ IS 65,3?34
Hevi~~e 7haatro Cvr7aar7 x9:444 c>.990 5.3,007 50 $6.000 52.000 $2,69Q '. '.
P.arnsay .aunty Fair 3$940 55,544 54 54,540 $2,454 54,940 $5,65Ct '.
A4ao£sti~a#d F#Iica Eypiorera .9:494 53.'90 5".000 53.090 56.299 55.515 56.$fl4 '. '.
t;ia:^.Ie~:a#~ Fo~i~e Frasaruas ':14,044 4.5.PQ0 54.400 S4.0D4 ?3.?50 53.515 ~1.0i4
tdapfa~:;aad Area Hrs'adcai
Sccie: ~.^+5,5,4 2b.990 $3,440 594.660 ffi2E60 53.805 519.253 '. '.
v^.=axerai Haaal Riega 390v"4 c§.090 5<,707 SC $7.099 &2.044 52,690 ', '.
Atrati4a~Y Rad cross-Tu
cna `.er '32,544 52.&90 51..00 $2.694 $1,000 S2„600 50.040 '. '.
G'.,.spuie Fcesoiation cantar ;;3;OOt? S 1,540 $1,664 $7 .~06v $7.x00 59,660 59,50L}
Furq Rassri~as $0 5540 c} 697 50 G 'x59 352
TrSTAL AMOUNT OP
RECtUESTS 575:954 546,546 $46,504 546,50(1 5#6,546 $18,560 Sd6,6fX6
Ar astir•••..atad 546,904 is ava'1alalz raranae aam pro4aeds #.=tPa 10~ C?}arad s Garroting lax.
Any reducElon in available funds H~1R7 result in a propodional rzduction of the award amrount.
Seconded by Councilmember Rossbach. Ayes -All
The motion passed.
3. Markham Pond Retaining Wall Improvements -City Project 05-18 Resolution
Authorizing Preparation of Plans and Specifications.
a. Acting City Manager, Chuck Ahl gave the presentation and answered questions of
the council.
b. City Attorney, Alan Kantrud answered question of the council.
October 13, 2008 5
City Council Meeting Minutes
Mayor Longrie asked if anyone from the audience wanted to speak regarding this item.
Ralph Sletten, 2747 Clarence Street North, Maplewood.
Dave Schelling, 1955 Greenbrier Street, Maplewood.
Councilmember Rossbach moved to Approve the Resolution Authorizing Preparation of Plans
and Specifications for the Markham Pond Retaining Wall, City Protect 05-18, and Authorizing a
Proiect Budget of $375,000 from the 2009 Proceeds.
RESOLUTION 08-10-152
AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS
AND ESTABLISHING PROJECT BUDGET
WHEREAS, pursuant to authorization of the council adopted June 13th, 2005, a report
has been prepared by SEH Engineers, Inc. with reference to the improvement of Markham Pond
Retaining Wall, City Project 05-18, and this report was received by the council on April 23, 2007
and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost effective, and feasible,
WHEREAS, the City Engineer has recommended the preparation of plans and
specifications in preparation for a full project review of costs and improvement needs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The council has determined the need for the improvement of such retaining wall in accordance
with Option 2A within the report at an estimated total cost of the improvement of $375,000.
2. The City Engineer is hereby directed to have plans and specifications prepared by a consulting
engineer, selected by him from the City's consultant pool, under his direction.
3. The Finance Director is hereby authorized to establish a project budget of $375,000 with funds
from the assessment to the property owner consistent with a development agreement to be
prepared by the City Attorney and funds from the Environmental Utility Fund.
4. The City Engineer is hereby directed to report to the City Council on the extent of the
improvement upon sufficient completion of the project design and to have a Public Hearing to
meet the assessment requirements.
Adopted this 13th day of October, 2008.
Seconded by Councilmember Juenemann. Ayes - Councilmembers Juenemann,
Nephew &Rossbach
Navs -Councilmember Hjelle,
Mayor Longrie
The motion passed.
Councilmember Juenemann moved to Approve the Resolution Authorizing Preparation of Plans
and Specifications and Establishing the Proiect Budget for the Markham Pond Retaining Wall,
City Proiect 05-18.
October 13, 2008
City Council Meeting Minutes
RESOLUTION 08-10-153
AUTHORIZING AGREEMENT TO REBUILD MARKHAM POND RETAINING WALL
WHEREAS, Maplewood is conducting a reconstruction of White Bear Avenue which shall
include impacts to Markham Pond in the form of additional run-off entering the pond and;
WHEREAS, the City's easement for storm runoff already established will not be
sufficiently contained by the existing easement area and will further deteriorate the retaining wall
that runs long the north east corner of the pond and;
WHEREAS, the City and owner of the retaining wall have been involved in negotiations
regarding the ownership and ongoing maintenance responsibilities for the wall prior to the White
Bear Avenue project moving forward and;
WHEREAS, the City of Maplewood is desirous to settle and ownership/responsibility
matter with respect to the retaining wall as well as move forward with the project along White
Bear Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves and authorizes
the Acting City Manager and Public Works Department to enter into an Agreement regarding the
reconstruction of the Markham Pond retaining wall, owned by Azure Property, and in a form
substantially similar to a "development agreement' with the owner of Azure Property and with the
following specific terms being provided for therein:
City agrees to replace wall during the first 6 months of 2009.
° All design, engineering will be completed by the city.
° City will restore the Azure Property parking lot to an equal or improved condition
as part of project costs and will provide alternative parking in adjacent lots during
construction at no cost to Azure Property.
° Azure Property will have joint approval over final design.
° At the completion of the project, the City will own and maintain the wall;
(the wall is necessary to contain the pond within the dedicated easement)
Azure Properties agrees to pay a storm water assessment as follows:
° All assessments to be paid over 8 years at 6°~.
388,555 sq. ft. X $0.08/sq. ft. =$41,084.40 to the Beam Avenue property
at Kennard.
Once this is paid on this parcel, the City agrees that property has been
assessed to the maximum allowed under current policies.
Azure Properties will agree to an additional $25,000 assessment [for a total assessment
of $56,084.40] to be spread among [or up to] 2 properties owned by Azure Properties
along White Bear Avenue:
All properties drain to Markham Pond and contribute to the drainage that
required the installation of the retaining wall.
This $25,000 assessment would have been assessed as part of the future
White Bear Avenue improvement project, and the City will agree that Azure
October 13, 2008 i
City Council Meeting Minutes
Property will be granted credit toward the White Bear Avenue project for
these assessments.
Azure Property will acknowledge that these assessments do not provide the
maximum assessment to the White Bear Avenue properties allowed under the
current city policy, An assessment waiver will need to be signed by Azure
Properties agreeing that they will not object to the assessments as well.
The new replacement wall will be located in approximately the same location as the
existing wall.
While it is anticipated that no new easement area is required; Azure Properties
agrees to provide any minor adjustments [defined as less than 2 feet in lateral
movement] to the drainage easement onto Azure Property.
As part of the project, Azure Properties agrees to cooperate with the City to
memorialize the existing easement area subject to the minor revisions as listed
above. There will be no additional compensation due to Azure Properties for these
minor revisions.
Azure Properties will grant to the City of Maplewood a temporary easement for the
purposes of constructing the new wall at no cost to the City.
The Maplewood City council passed this resolution on October 13, 2008.
Seconded by Councilmember Rossbach. Ayes - Councilmembers Juenemann,
Nephew &Rossbach
Nays -Councilmember Hjelle,
Mayor Longrie
The motion passed.
NEW BUSINESS
Application for Use, Deed, Property East of 2590 Maplewood Drive.
a. Michael Thompson, Assistant City Engineer gave the report.
b. Acting City Manager, Public Works Director, Chuck Ahl spoke regarding this item.
Councilmember Hjelle moved to Approve the amended Resolution requesting that Ramsey
County Grant the City a Use Deed for the Subject Parcel. The Granting of this Use Deed would
serve the City of Maplewood's needs by Preserving a Drainage Way for the Gerten Pond Chain
and the High-Quality Wetlands for Open Space.
RESOLUTION 08-10-154
USE DEED REQUEST
WHEREAS, Ramsey County has given the City of Maplewood of the opportunity to attain
a use deed on a tax forfeited lot.
WHEREAS, this property is located adjacent to Maplewood Drive and across from 2590
Maplewood Drive, legally described as follows:
October 13, 2008
City Council Meeting Minutes
W. H. HOWARD'S GARDEN LOTS EX E 550 FT THAT PART ELY OF ST AS OPENED, LOT 14.
PID# 09-29-22-11-0056
WHEREAS, storm water quality treatment will be needed upon future reconstruction of
Maplewood Drive between Gervais Avenue and Connor Avenue,
WHEREAS, the City of Maplewood, has determined that this parcel would serve the
Public's interest by making it available for drainage and ponding purposes,
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby formally
requests that Ramsey County grant a use deed to the City of Maplewood for the parcel legally-
described herein, by making it available for drainage and ponding purposes.
Adopted by the Maplewood City Council on October 13, 2008.
Seconded by Councilmember Juenemann Ayes -All
The motion passed.
2. Discussion of Use of City Council Travel and Training Budget for National League
of Cities Conference.
a. Acting City Manager, Chuck Ahl gave the report and answered questions of the
council.
Councilmember Nephew moved to Authorize funds to cover travel and training for Mayor Longrie
to attend the National League of Cities Conference.
Seconded by Councilmember Hjelle. Ayes -All
The motion passed.
3. Approval of Claims.
Councilmember Hjelle moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 216,350.43 Checks # 76497 thru # 76538
Dated 09/19/08 thru 09/23/08
$ 71,274.53 Disbursements via debits to checking account
Dated 09/12/08 thru 09/30/08
$ 812,267.18 Checks # 76539 thru # 76587
Dated 09/26/08 thru 09/30/08
$ 364,317.92 Disbursements via debits to checking account
dated 09/18/08 thru 09/26/08
$ 961,945.02 Checks # 76588 thru # 76655
Dated 09/29/08 thru 10/07/08
$ 589,016.17 Disbursements via debits to checking account
dated 09/26/08 thru 10/03/08
October 13, 2008 9
City Council Meeting Minutes
$ 3,015,171.25 Total Accounts Payable
PAYROLL
$ 554.565.20 Payroll Checks and Direct Deposits dated 09/19/08
$ 3,599.12 Payroll Deduction check #1006008 thru #1006009
dated 09/19/08
$ 466,033.97 Payroll Checks and Direct Deposits dated 10/03/08
$ 3,580.67 Payroll Deduction check #1006061 thru #1006062
dated 10/03/08
$ 1,027,778.96 Total Payroll
$ 4.042.950.21 GRAND TOTAL
Seconded by Councilmember Rossbach.
The motion passed.
M. CONSENT AGENDA
1. Mayor Longrie moved to approve item 1.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes -Mayor Longrie,
Councilmembers Juenemann,
Nephew &Rossbach
Nav -Councilmember Hjelle
Ayes -All
2. Councilmember Nephew moved to approve items 2, 3, 4, & 5.
Seconded by Councilmember Rossbach. Ayes -All
The motion passed.
3. Councilmember Hjelle moved to approve item 6 & 7.
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
4. Councilmember Nephew moved to approve item 8.
Seconded by Councilmember Rossbach. Ayes -All
The motion passed.
October 13, 2008 10
City Council Meeting Minutes
1. Consider Approval of Police Department Donation from Residential Mortgage Group.
Mayor Longrie moved to approve the Police Department Donation of $50 from Residential
Mortgage Group.
RESOLUTION 08-10-155
AUTHORIZING GIFT TO CITY
WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices
of real and personal property and maintain the same for the benefit of the citizens and pursuant to
the donor's terms if so-prescribed, and;
WHEREAS, Residential Mortgage Group (RMG) wishes to grant the City of Maplewood
the following: $50, and;
WHEREAS, Residential Mortgage Group has instructed that the City will be required to
use the aforementioned for: use by the Police Department to directly improve the community
where the donator will be living, and;
WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the
purposes and under the terms prescribed, and;
WHEREAS, the City agrees that it will accept the gift by atwo-thirds majority of its
governing body's membership pursuant to Minnesota Statute §465.03;
NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the
Maplewood City Council approves, receives and accepts the gift aforementioned and under such
terms and conditions as may be requested or required.
The Maplewood City Council passed this resolution by two-thirds or more majority vote of its
membership on October 13, 2008.
Signed: Signed: Witnessed:
(Signature) (Signature) (Signature)
Mayor Chief of Police City Clerk
(Title) (Title) (Title)
(Date) (Date) (Date)
Seconded by Councilmember Hjelle. Ayes -All
The motion passed.
October 13, 2008 11
City Council Meeting Minutes
2. Consider Approval of Youth Service Bureau Agreement.
Councilmember Nephew moved to approve the Youth Service Bureau Agreement for 2009.
CITY OF MAPLEWOOD
MAPLEWOOD POLICE
PURCHASE OF SERVICE AGREEMENT
The City of Maplewood, through its Police Department, City Hall, 1830 County Road B East,
Maplewood, Minnesota, 55109, hereinafter referred to as the "City," and Youth Service Bureau,
Inc., 101 West Pine Street, Stillwater, Minnesota, 55082, hereinafter referred to as the
"Contractor," enter into this agreement for the period from January 1, 2009, to December 31,
2009.
WHEREAS, the mission of the Maplewood Police Department is to build safer communities by
repairing the harm from, reducing the risk of, and involving the community in the resolution of
juvenile crime;
WHEREAS, the Maplewood Police Department is committed to using community-based
approaches to strengthen individuals, families, and community;
WHEREAS, the Maplewood Police Department has identified the following outcomes for juvenile
diversion and early intervention:
Juvenile offenders will be held accountable for their actions by engaging in activities that repair
the harm done to the victim and community and will participate in programs that promote an
increased understanding of the impact of their offense on victims, communities, and themselves;
Crime victims will be notified of diversion proceedings; will have opportunities to provide input;
and, if willing, will have the opportunity to participate in the process;
Community members will have active and direct involvement in programming;
WHEREAS, the City, pursuant to its goals of providing accountability and the most appropriate
diversion and early intervention available to juvenile offenders, wishes to purchase services for
youth involved in at-risk behavior from the Contractor to support these outcomes;
NOW, THEREFORE, the parties agree as follows:
Contractor's Duties -The Contractor agrees to the provision of the following
services:
a. Recruit and support community work-service sites. Supervise and monitor community
work-service clients who are ordered by the court and/or referred by the Maplewood
Police Department.
Educational and prevention programs, specifically as follows: chemical awareness, fire
awareness, theft awareness, violence awareness, or another approved alternative.
Eligible juveniles include those who are referred by the Maplewood Police Department.
The reason for the referral must be behavior or actions that could result in a police
report and a petition for delinquency.
October 13, 2008 12
City Council Meeting Minutes
c. Evaluation and counseling. Counseling services include crisis intervention, youth, and
family and group counseling. Referrals will be made for psychological/psychiatric
evaluation and long-term mental health treatment.
d. The Maplewood Police Department agrees to provide victims of crimes diverted by
local law enforcement the opportunity for direct or indirect involvement into how the
juvenile should be held accountable, including consideration of the impact of the crime
on the victim and any specific needs for restitution. When necessary, due to the
offense, restitution will be determined and collected.
e. When possible and appropriate, facilitate restorative justice interventions, such as
victim/offender mediation, family group conferencing, and/or community panels, so that
juvenile offenders are held directly accountable to the victim and victimized community
through some form of reparation.
Attachments and References -The Contractor agrees to provide the enumerated services
in Exhibit A, which is attached and incorporated herein by reference.
3. Cost and Delivery of Purchased Services -The total amount to be paid to the Contractor
for services purchased under this agreement shall not exceed Twenty-Five Thousand
Dollars ($25,000). For these services, the City agrees to make quarterly payments to the
Contractor of Six Thousand Two Hundred Fifty Dollars ($6,250) on or about February 15,
May 1, August 1, and November 1, 2009.
Eligibility for Services - A Ramsey or Washington County resident between the ages of
five and eighteen (or older if still in high school), their family members, and the victims of
juvenile crime who are assessed to be appropriate shall be eligible for the services
provided under the terms of this agreement.
Evaluation, Reporting, and Information Requirements -The Contractor agrees to
reasonable evaluations of its programs, employees, and volunteers and make them
available for review by the Maplewood Police Department if so requested. The Contractor
agrees to comply with all reporting requirements as assigned by law, rule, or contract by
the State of Minnesota and Ramsey County. The Contractor further agrees to abide by all
laws and rules regarding confidentiality and data practices. The Contractor agrees to
provide necessary information allowed by law and deemed necessary by the Maplewood
Police Department on referred cases.
Indemnification -The Contractor agrees to indemnify, defend, and hold harmless the City,
its officers, employees, and agents for all claims arising out of the Contractor's activities
related to the services provided under this agreement up to the liability limits set forth in
Minn. Stat. 466.04. The City will indemnify YSB, Inc., from and against all liability up to
the liability limits set forth in Minn. Stat.466.04. No other provision of this agreement shall
serve to limit in any way the obligations of the Contractor to indemnify and defend the City
under this clause.
Insurance Requirements -The Contractor agrees that in order to protect itself, as well as
the City, from claims arising out of the Contractor's activities under this agreement, it will
at all times during the term of this agreement keep in force policies of insurance providing
the following liabilities: professional liability insurance policy in the minimum amount of
Four Hundred Thousand Dollars ($400,000) bodily injury or death of one person; One
Million Two Hundred Thousand Dollars ($1,200,000) for bodily injury per occurrence;
comprehensive general liability insurance policy in the minimum amount of Four Hundred
Thousand Dollars ($400,000) bodily injury or death of one person; One Million Two
Hundred Thousand Dollars ($1,200,000) bodily injury per occurrence; One Million Dollars
($1,000,000) property damage; automobile insurance, including non-owned and hired
October 13, 2008 13
City Council Meeting Minutes
autos, in the minimum of Four Hundred Thousand Dollars ($400,000) bodily injury or
death of one person; One Million Two Hundred Thousand Dollars ($1,200,000) bodily
injury per occurrence; and One Million Dollars ($1,000,000) property damage. The
Contractor further agrees to maintain Workers' Compensation insurance in the statutory
amounts. Certificates of Insurance showing the coverage listed herein shall be provided
to the City prior to the effective date of this contract.
Data Privacy -All data collected, created, received, maintained, or disseminated for any
purpose by the activities of the Contractor because of this agreement is governed by the
Minnesota Government Data Practices Act, Minn. Stat. Chapter 13, as amended, the
Minnesota Rules implementing such Act now in force or as adopted, as well as federal
regulations on data privacy.
Record Disclosures/Monitoring -Pursuant to Minn. Stat. 16C.05, Subd. 5, the Contractor
agrees that the City, the State Auditor, or any of their duly authorized representatives at
any time during normal business hours and as often as they may reasonably deem
necessary, shall have access to and the right to examine, audit, excerpt, and transcribe
any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Contractor and involve transactions relating to this
agreement. The Contractor agrees to maintain these records for a period of three years
from the date of termination of this agreement.
10. Nondiscrimination -During the performance of this agreement, the Contractor agrees to
the following: No person shall, on the grounds of race, color, religion, age, sex, disability,
marital status, public assistance status, criminal record, creed, or national origin be
excluded from full employment rights in, participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any and all applicable federal and state laws
against discrimination.
11. Independent Contractor -Nothing contained in this agreement is intended or should be
construed as creating the relationship of co-partners or joint ventures with the City or the
Maplewood Police Department. No tenure or any rights or benefits, including Workers'
Compensation, unemployment insurance, medical care, sick leave, vacation leave,
severance pay, PERA, or other benefits available to City employees shall accrue to the
Contractor or employees of the Contractor performing services under this agreement.
12. Conditions of the Parties' Obligation -This agreement may be canceled by either party at
any time, with or without cause, upon 30 days' notice, in writing, delivered by mail, or in
person. Any alterations, variations, modifications, or waivers of the provisions of this
agreement shall be valid only when they have been reduced to writing, duly signed by
both parties, and attached to the original of this agreement.
13. Compliance With Law -The Contractor shall abide by all federal, state, or local laws,
statutes, ordinances, rules, and regulations now in effector hereinafter adopted insofar as
they relate to the Contractor's performance of the provisions of this agreement.
14. Firearms -Unless specifically required by the terms of this contract, no provider of
services pursuant to this contract, including, but not limited to, employees, agents, or
subcontractors of the Contractor shall carry or possess a firearm on City premises.
Violation of this provision shall be considered a substantial breach of the agreement.
Violation of this provision is grounds for immediate suspension or termination of this
contract, without notice, pursuant to Section 12.
15. Savings Clause - If any section of this agreement is found to be invalid or not enforceable,
the remainder of the agreement will remain in force and binding.
October 13, 2008 14
City Council Meeting Minutes
16. Governing Law -The laws of Minnesota shall govern the interpretation and prosecution of
this agreement.
17. Notices - If any official correspondence concerning this agreement needs to be
communicated to the other party, the following shall be deemed the effective addresses:
As to the City: Maplewood Police Department
1830 County Road B East
Maplewood, MN 55109
As to the Youth Service Bureau: Youth Service Bureau, Inc.
101 West Pine Street
Stillwater, MN 55082
IN WITNESS THEREOF, the City and the Contractor have executed this agreement this
day of , 2008.
APPROVED AS TO FORM
By:,
City Attorney
By:,
Mayor, City of Maplev~rood
By:
City Manager, City of Maplev~rood
By;
Chief of Police, City of Maplev~rood
Executive Director, Youth Service Bureau, Inc.
By:,
Seconded by Councilmember Rossbach. Ayes -All
The motion passed.
3. Pond Overlook Public Improvements, Project 07-08, Resolution for Project Acceptance.
Councilmember Nephew moved to approve the Resolution for the Pond Overlook Public
Improvements, City Proiect 07-08: Acceptance of Proiect.
RESOLUTION 08-10-156
ACCEPTANCE OF PROJECT
WHEREAS, the City Engineer for the City of Maplewood has determined that the Pond
Overlook Public Improvement, City Project 07-08, is complete and recommends acceptance of
the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 07-08 is complete and maintenance of these improvements is
October 13, 2008 15
City Council Meeting Minutes
accepted by the city; and the final construction contract amount is $121,130.33. Final payment to
Northdale Construction and the release of any retainage is hereby authorized.
Seconded by Councilmember Rossbach. Ayes -All
The motion passed.
4. CarMax/Mogren Addition Improvements, Project 06-17, Modification of Construction
Contract, Change Order No. 4.
Councilmember Nephew moved to approve the Resolution for the Modification of Existing
Construction Contract, Change Order No. 4, for City Proiect 06-17.
RESOLUTION 08-10-157
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 06-17, CHANGE ORDER N0.4
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 06-17, CarMax/Mogren Addition Improvements, and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 06-17, Change Order No.4.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that:
The mayor and city engineer are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 4 in the amount of -$70.28. The revised
contract amount is $2,421,256.58.
The construction contract retainage is hereby authorized to be reduced from 5°~ to 1 °~.
The motion passed.
Seconded by Councilmember Rossbach. Ayes -All
5. Beam Avenue Improvements, Project 07-26, Modification of Construction Contract,
Change Order No. 1.
Councilmember Nephew moved to approve the Resolution for Modification of Existing
Construction Contract, Change Order No. 1, for City Protect 07-26.
RESOLUTION 08-10-158
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 07-26, CHANGE ORDER N0.1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 07-26, Beam Avenue 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 07-26, Change Order No.1.
October 13, 2008 16
City Council Meeting Minutes
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that:
The mayor and city engineer are hereby authorized and directed to modify the existing
contract by executing said Change Order No.1 in the amount of $46,318.80. The revised
contract amount is $1,596,191.58.
The finance director is hereby authorized to adjust the budget to reflect an additional
$46,318.80 in funding from the City of North Saint Paul.
Seconded by Councilmember Rossbach. Ayes -All
The motion passed.
6. Consider Authorization to Renew Ramsey County GIS Users Group Joint Powers
Agreement.
Councilmember Hjelle moved to approve the Ramsey County GIS Users Group Joint Powers
Agreement.
JOINT POWERS AGREEMENT
AMONG
MEMBERS OF THE RAMSEY COUNTYGEOGRAPHIC INFORMATION SYSTEMS USERS GROUP
This JOINT POWERS AGREEMENT (Agreement), which shall have an effective date of January 1, 2009, is entered
into pursuant to the provisions of Minnesota Statutes Section 471.59 between body politic
and corporate under the laws of the State of Minnesota and other bodies politic and corporate under the laws of the State
of Minnesota for the purposes of forming the Ramsey County Geographic Information System Users Group hereinafter
referred to as the Users Group.
ARTICLE I. INTENT OF THIS AGREEMENT:
In 1995, an alliance was formed between public agencies interested in using Geographic Information Systems (GIS) and
data created and maintained by Ramsey County. This agreement is intended to enable those parties who are part of the
Users Group to be represented by the Users Group for the purposes of undertaking negotiations and transactions with
Ramsey County and any other body politic.
ARTICLE II. DEFINITIONS:
Section 1. Members are deemed to be those local units of government, special purpose govemment units, local
agencies and the Ramsey Conservation District who have executed this Joint Powers Agreement and have paid fees as
provided in Article X.
Section 2. Paying Afflhates are those county, regional, state and federal agencies, local govemment
organizations with regional jurisdiction, local govemment cooperative organizations, non-profit organizations and
educational institutions with direct or indirect involvement in GIS activities that have paid fees as provided in Article X.
Paying Affiliate membership must be approved by the Board. Paying Affiliates are nonvoting participants and are not
eligible to serve on the Board.
Section 3. NOn-Paying Affiliates are those representatives of county, regional, state and federal agencies,
local government organizations with regional jurisdiction, local government cooperative organizations, non-profit
organizations and educational institutions with direct or indirect involvement in GIS activities. Private sector entities who
are contracted to perform GIS-related tasks for a Member can also join as aNon-Paying Affiliate. Regular Affiliate
membership must be approved by the Board. Non-Paying Affiliates are non-voting participants are not eligible to serve
on the Board, do not pay membership or fees as described in Article X, and are not entitled to data access and exchange
detailed in this agreement.
ARTICLE III. USER GROUP STRUCTURE:
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City Council Meeting Minutes
Section 1. The Users Group will be governed and managed by a Board of Directors (Board).
Section 2. One Director will represent each Member organization. Each Member organization shall appoint
a Director to serve on the Board. An organization may also choose an alternative Director.
Section 3. The Board shall also have the following officers: a Chair, Vice Chair, Secretary and Treasurer.
Section 4. These officers are elected annually by the Board.
Section 5. These officers are undertaken on a voluntary basis without pay.
Section 6. A quorum will consist of at least a one-half attendance of full membership of the Board.
Section 7. Decisions will be made by majority of the quorum
ARTICLE IV. DUTIES OF THE BOARD OF DIRECTORS
Section 1. The Board shall meet at least two times per year.
Section 2. The Board shall conduct an organizational meeting no later than 30 days after the effective date of
this Agreement. The meeting will be called for the purposes of electing the officer positions of Chair, Vice Chair,
Secretary and Treasurer. This meeting will allow the adoption of by-laws and other procedures governing the conduct of
its meetings and its business as it deems appropriate. This meeting will also be called by the Board to determine the User
Group Budget, review the operating procedures within this Agreement, and approve agreements with Ramsey County for
the purposes of GIS data exchange, data access, data delivery and the updating of physical features.
Section 3. The Board shall approve and adopt the formula for the distribution of costs associated with access to
Ramsey County GIS data and for the updating of physical features. This formula shall be reviewed annually by the
Board.
Section 4. The Board shall arrange for and facilitate regular meetings of the User Group and for User Group
activities.
Section 5. The Chair presides at meetings of the Board. The Vice Chair will preside in the absence of the Chair.
The Secretary is responsible for recording the proceedings of the Board and communicating these proceedings to all
Member organizations. The Treasurer is responsible for the funds and financial records of the Board.
Section 6. The Chair and the Treasurer must sign vouchers or orders disbursing funds of the Users Group.
Disbursement will be made in the method prescribed by law for statutory cities.
Section 7. The Board may take such actions as it deems necessary and convenient to accomplish the general
purposes of this Agreement.
Section B.The Board shall purchase liability insurance on behalf of the Users Group to insure against liability of
the Users Group and its constituent Members.
Section 9. The Board may:
(i) enter into contracts to carry out its powers and duties, in full compliance with any competitive
bidding requirements imposed by State or local law.
(ii) provide for the prosecution, defense, or other participation in proceedings at law or in equity in
which it may have an interest;
(iii) employ such persons as it deems necessary on a part-time, full-time or consultancy basis;
(iv) purchase, hold or dispose of real and personal property;
(v) contract for space, commodities or personal services with a Member or group of Members;
(vi) accept gifts, apply for and use grants or loans of money or other property from the state, the United
States of America, and from other government units and may enter into agreements in connection
therewith and hold, use and dispose of such money or property in accordance with the terms of the gift,
grant, loan or agreement relating thereto.
(vii) appoint a fiscal agent;
ARTICLE V. NEW MEMBERS:
Section 1. Those units of government who are not part of this initial Agreement may join as Members of the
Users Group at any time.
Section 2. To become a Member, a local unit of government shall adopt a resolution and shall sign the current
Agreement.
Section 3. The New Members and Paying Affiliates will pay the current one-time membership fee and the data
exchange fee due for the year in which the new Member is joining as set by the Board in Article IV, Section 4, as
calculated by the current formula. Fees will not be pro-rated for new Members who join after January 1 of each year.
ARTICLE VI. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY:
Section 1. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey
County for the exchange of County GIS Data with Members and Paying Affiliates at a preferential fee structure. A
October 13, 2008 18
City Council Meeting Minutes
component of the fees will apply to the maintenance of digital physical features from aerial photography captured
County-wide on a three year basis.
Section 2. The GIS Data should consist of the following components:
(i) The Ramsey County Digital Base Map as generated and maintained by the County.
(ii) The Ramsey County Attribute Data Base as generated and maintained by the County.
(iii) The Physical Features File as generated and maintained by the County.
Section 3. The Board will negotiate on behalf of the Members and Paying Affiliates for the cost and method of
access to this data. Prior to each annual payment to Ramsey County, the Board shall determine whether it is satisfied
with the content, accuracy and timeliness of the data provided to date and make a determination if further payment shall
be made.
ARTICLE VII. GIS DATA TO BE EXCHANGED AS PART OF THIS AGREEMENT:
Section 1. Members agree to exchange any GIS data with Ramsey County and with any requesting Member for
the requesting parties own use where that GIS data has been in some way derived and developed from the County GIS
Data as a result of this Agreement or future agreements between the Users Group and Ramsey County. Members agree to
exchange with Ramsey County and with any other Member, any attribute data that it has created and maintained where
that data can be associated to a parcel using a parcel identifier. Members also agree to exchange any building permit data
deemed by Ramsey County as necessary for the identification of future physical feature data base updates.
Section 2. The Board will negotiate with Ramsey County on behalf of the Members in all matters deemed
necessary relating to supply of GIS data generated by a Member.
Section 3. Any costs associated with a Member supplying data to Ramsey County or to any other Member shall
be for access and delivery of that data only and not for any costs associated with the development of that data.
ARTICLE VIII. DATA ACCESS AND USAGE:
Section 1. All Members and Paying Affiliates shall have equal rights to access Ramsey County GIS Data.
Section 2. Data generated by Ramsey County and provided to Members and Paying Affiliates may not be sold in
its original form to third party agencies. However, a Member or Paying Affiliate may allow use of the original data by a
third party for specific contracted purposes.
Section 3. Data which results from enhancement by a Member or Paying Affiliate of Ramsey County GIS Data,
received pursuant to this Agreement, may be sold or exchanged to a third party.
Section 4. All Members and Paying Affiliates will adhere to future Users Group license agreements for County
or other agency GIS data.
ARTICLE IX. DATA SECURITY:
All Members and Paying Affiliates of the Users Group agree to abide by the data privacy and data security standards of
the supplying agency when using data made available by that agency.
ARTICLE X. FINANCIAL MATTERS
Section 1. The fiscal year of the Users Group is the calendar year.
Section 2. The Board shall adopt an initial budget and must thereafter adopt an annual budget prior to July 1 of
each year for each succeeding year. The Board will give an opportunity to each Member to comment or object to the
proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief
administrative officer of each Member organization.
Section 3. Operational costs shall be shared according to a method agreed upon by majority decision of the
Board of Directors. The costs could be met by membership fees. These costs could include Users Group administrative
costs, purchase of liability insurance and others as appropriate.
Section 4. Membership Fee: New Members and new Paying Affiliates shall pay aone-time membership fee
of $500 to the Users Group for the calendar year 2009. The amount of this fee shall be reviewed and set annually by the
Board of Directors for new Members and new Paying Affiliates.
Section 5. Data Access and Physical Features Maintenance Fee: Members and Paying Affiliates shall
commit to athree-year payment of data access and physical features maintenance fees, except where aone-year
limitation is imposed by State Statutes. Ramsey County will charge the Users Group on an annual basis for unlimited
access to the Ramsey County GIS Data. This fee will be paid to Ramsey County by the Users Group on behalf of the
Members and Paying Affiliates on an annual basis. The amount to be paid by each Member and Paying Affiliates will be
determined by the Board and will be reviewed annually.
Section 6. Special PfOjects Assessments: Members and Paying Affiliates who wish to enter into special
projects and consultations shall present proposals to the Board for review. Examples of special projects could be
October 13, 2008 19
City Council Meeting Minutes
cooperative training or consortium purchase of software. Upon approval by the Board, those Members and Paying
Affiliates who are part of the project will be assessed to meet the cost of the project.
Section 7. Billings to the Members and Paying Affiliates are due and payable no later than 60 days after the
receipt of the annual invoice. In the event of a dispute as to the amount of a billing, a Member or Paying Affiliate must
nevertheless make payment as billed to preserve membership status. The Member or Paying Affiliate may make payment
subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days
results in suspension of voting privileges of the Member Director. Failure to pay a billing within 120 days is grounds for
termination of membership, but the Users Group rights to receive payment are not affected by the termination of
membership.
ARTICLE XI. TERM
Section 1. This Agreement shall be in force through December 31, 2011, or until superseded by another
agreement.
Section 2. Based on the annual review of the operating procedures within the Agreement conducted by the
Board, a new Agreement will be developed and circulated at least three months prior to December 31, 2011 and be
agreed upon and signed on or before December 31, 2011.
ARTICLE XII. TERMINATION:
Each Member or Paying Affiliate shall have the right to terminate its membership and participation in the Users Group
with or without cause by formal resolution of the Member's or Paying Affiliate's organization and communicated to the
Board in writing. However, the Member or Paying Affiliate is still obligated to its financial commitments for the year
during which termination of membership occurs.
These commitments include:
(i) any balance of the Data Access/Physical Features Maintenance Fee. This commitment applies to all
Members and Paying Affiliates.
(ii) any balance owing on Special Projects Assessments. This commitment applies to Members and
Paying Affiliates which have entered into any special project agreement(s). Termination of membership
prior to expiration of the Agreement shall make a local unit of government ineligible to re-join as a
Member or Paying Affiliate under the current Agreement.
ARTICLE XIII. DISSOLUTION:
Section 1. The Users Group maybe dissolved by atwo-thirds vote of its Members in good standing. Dissolution
is mandatory when the Secretary has received certified copies of resolutions adopted by the governing bodies of the
required Members requesting dissolution of the Users Group.
Section 2. In the event of a dissolution, the Board must determine the measures necessary to effect the
dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the
provisions of this agreement and law.
Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the Users
Group will be distributed among the then existing Members and Paying Affiliates in direct proportion to their cumulative
annual contributions. If those obligations exceed the assets of the Users Group, the net deficit of the Users Group will be
charged to and paid by the then existing Members and Paying Affiliates in direct proportion to their cumulative annual
contributions.
ARTICLE XIV. ACCESS TO DOCUMENTS:
Until the expiration of three years after this Agreement terminates, the Users Group shall make available to the Member
organizations and to the State Auditor, a copy of this Agreement and books, documents, accounting procedures and
practices of the Users Group relating to this Agreement.
ARTICLE XV. HOLD HARMLESS:
Section 1. Each Member or Paying Affiliate agrees to defend, indemnify and hold the other Members or Paying
Affiliates harmless from any claims, demands, actions or causes of action, including reasonable attorneys fees, against or
incurred by such other Members or Paying Affiliates, for injury to, death of, or damage to the property of any third
person or persons, arising out of any act or omission on the part of the indemnifying Member or Paying Affiliate or any
of its agents, servants or employees in the performance of or with relation to any of the work or services provided by
Members or Paying Affiliates under the terms of this Agreement.
Section 2. Nothing in this Agreement shall constitute a waiver by either Members or Paying Affiliates or the
Users Group of any limitation of liability under Minnesota Statutes Chapter 466.
Section3. Under no circumstances, however, shall a member or Paying Affiliate be required to pay on behalf of
itself and other Members or Paying Affiliates, any amounts in excess of the limits on liability established in Minnesota
Statutes Chapter 466 applicable to any one Member or Paying Affiliate. The limits of liability for some or all of the
October 13, 2008 20
City Council Meeting Minutes
Members or Paying Affiliates may not be added together to determine the maximum amount of liability for any Member
or Paying Affiliate.
SECTION XVI. EQUAL EMPLOYMENT OPPORTUNITY:
Section 1. The Members and Paying Affiliates and the Users Group agree to comply with all federal, state and
local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on
account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public
assistance, disability or age.
Section 2. When required by law and requested by the other party, the Users Group shall furnish a written
affirmative action plan to the Members and Paying Affiliates.
SECTION XVII. DATA PRACTICES:
Section 1. All data collected, created, received, maintained or disseminated for any purpose in the course of
either the Member's or Paying Affiliate's or the Users Group's performance of this Agreement is governed by the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act.
Section 2. The Members and Paying Affiliates and the Users Group agree to abide strictly by these statutes, rules
and regulations.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on this day of ,
ORGANIZATION
Approved:
By:
( Mayor /Chair /President )
By:
( City Manager /Administrator )
DESIGNATED DIRECTOR TO REPRESENT ORGANIZATION:
Name:
Phone:
Email:
ALTERNATE DIRECTOR (IF APPLICABLE):
Name:
Phone:
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
7. Consider Authorization to Complete Fiber Optic Ring Throughout City Campus.
October 13, 2008 21
City Council Meeting Minutes
Councilmember Hjelle moved to approve the Authorization to Complete the Fiber Optic Ring
Throughout City Hall Campus to Access Communications for $39,794.27.
Seconded by Councilmember Juenemann.
The motion passed.
Ayes - Councilmembers Hjelle,
Juenemann, Nephew
& Rossbach
-Mayor Longrie
8. Consider Cost Adjustments for Additional Services to Contract with Kimley-Horn and
Associates for the Preparation of Comprehensive Plan Sections.
Councilmember Nephew moved to approve Acting City Manager, Chuck Ahl to revise the
consulting contract with Kimley-Horn (KHA) in the amount of $16,800 to complete the Sewer and
Transportation Components of the Comprehensive Plan with funding from the Sewer Fund (601-
508-000-4490) in the amount of $8,800 and from the Public Works Administrative Account (101-
501-000-4490).
Seconded by Councilmember Rossbach. Ayes -All
The motion passed.
N. AWARD OF BIDS
None.
O. VISITOR PRESENTATIONS -PART II
None.
(Due to the time constraints items G. Administrative Presentations and H. Council Presentations
were moved to the end of the meeting.)
G. ADMINISTRATIVE PRESENTATIONS
1. Discussion of Scheduling November 3, 2008, as a Work Session
a. Acting City Manager, Chuck Ahl discussed the possibility of holding a Workshop
Session on Monday, November 3, 2008.
H. COUNCIL PRESENTATIONS
Rush Line Corridor Task Force Open House on October 2, 2008 at the MCC -
Councilmember Rossbach spoke about the lack of attendees at the Open House and that
people should be concerned about the possibility of light rail coming to the City of
Maplewood in 10 to 15 years.
Silver Lake Association Membership for the City of Maplewood -Mayor Longrie
Acting City Manager, Chuck Ahl said the city has made an application to be a member but
that he hadn't heard if the city's application has been accepted or not. He will report back
to the city council with further information.
Update on the Silver Lake Link Trail Design Initiative Open House -Mayor Longrie
Acting City Manager, Chuck Ahl said he did not have the information but would get it from
Mr. Konewko and get back to the council with the information.
October 13, 2008 22
City Council Meeting Minutes
Channel 16 GTN Rebroadcasting of City Meetings -Mayor Longrie
Mayor Longrie stated that she is receiving phone calls and emails regarding when the city
is going to be replaying council, board and commission meetings.
5. Kaboom Plavaround Update and the Designation of Plavful Citv's for 2008 - Mavor
Longrie.
The 2008 Playful City's are St. Paul and Landfall. Mayor Longrie was encouraged that
Maplewood could work with Kaboom Playground to get the playground designated for the
Mississippi Street area.
P. ADJOURNMENT
Mayor Longrie adjourned the meeting at 10:05 p.m.
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