HomeMy WebLinkAbout07-11-2005
MINUTES
MAPLEWOOD CITY COUNCIL
7:09 P.M. Monday, July 11, 2005
Council Chambers, City Hall
Meeting No. 05-13
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Present
Will Rossbach, Councilmember Present
D. APPROVAL OF MINUTES
1. Minutes from the City Council Meeting-June 27, 2005
Councilmember Juenemann moved to approve the minutes from the June 27, 2005 City Council
Meeting as presented.
Seconded by Councilmember Monahan-Junek Ayes-All
E. APPROVAL OF AGENDA
Councilmember Juenemann moved to approve the agenda as amended.
M1. Petition received by the Mayor
M2. National Night Out
M3. Democratic Governance
M4. Cable Commission
N1. Ramsey County Parade
Seconded by Councilmember Monahan-Junek Ayes-All
F. APPOINTMENTS/PRESENTATIONS
None
G. CONSENT AGENDA
Councilmember Koppen moved to approve the consent agenda as presented.
Seconded by Councilmember Juenemann Ayes-All
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1. Approval of Claims
ACCOUNTS PAYABLE:
$ 26.20 Checks # 67262
dated 06/21/05
$ 291,659.65 Checks # 67263 thru # 67322
dated 06/28/05
$ 1,744,337.42 Disbursements via debits to checking account
dated 06/17/05 thru 06/22/05
$ 927,087.27 Checks # 67323 thru # 67377
dated 07/05/05
$ 124,766.65 Disbursements via debits to checking account
dated 06/23/05 thru 06/28/05
$ 3,087,877.19 Total Accounts Payable
PAYROLL
$ 495,930.65 Payroll Checks and Direct Deposits dated 07/01/05
$ 2,673.00 Payroll Deduction check # 101773 thru # 101775
dated 07/01/05
$ 498,603.65 Total Payroll
$ 3,586,480.84 GRAND TOTAL
2. Conditional Use Permit Review-Olivia Gardens PUD (Olivia Court, west of Stillwater
Road)
Moved to review the conditional use permit (CUP) for Olivia Gardens PUD again in one
year (July 2006) or sooner if the owner proposes a major change to the site.
3. Kennard Street Improvements, Project 03-04–Resolution for Acceptance of Project
Adopted the following resolution for the Kennard Street Improvements, (Beam Avenue to
County Road D), City Project 03-04:
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RESOLUTION 05-07-108
ACCEPTANCE OF PROJECT
WHEREAS, the city engineer for the City of Maplewood has determined that the
Kennard Street Improvements (Beam Avenue to County Road B), City Project 03-04, are
complete and recommends acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that City Project 03-04 is complete and maintenance of
these improvements is accepted by the city. Release of any retainage or escrow is
hereby authorized.
4. St. Paul Regional Water Services–Resolution Requesting Water Aid for Public
Improvement Projects:
a. County Road D West (TH 61 to Highridge)–City Project 02-08
b. Guldens/Venburg Frontage Road–City Project 04-04
c. County Road D Court–City Project 04-06
d. Kennard
e. Street (Beam to County Rd D)–City Project 03-04
Adopted the following resolution requesting $189,210 form St. Paul Regional Water
Services as reimbursement for project expenses:
RESOLUTION 05-07-100
REQUESTING WATER AID FROM ST. PAUL REGIONAL WATER SERVICES
County Road D West, City Project 02-08
Guldens/Venburg Frontage Road, City Project 04-04
County Road D Court, City Project 04-06
Kennard Street, City Project 03-04
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered the
construction of County Road D West, City Project 02-08, and authorized the finance director to
implement a financing plan for the project, and
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered the
construction of Guldens/Venburg Frontage Road, City Project 04-04, and authorized the finance
director to implement a financing plan for the project, and
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered the
construction of County Road D Court, City Project 04-06, and authorized the finance director to
implement a financing plan for the project, and
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered the
construction of Kennard Street, City Project 03-04, and authorized the finance director to
implement a financing plan for the project, and
WHEREAS, the City Council of Maplewood, Minnesota, has entered into an Operating
Agreement with St. Paul Regional Water Services for the ownership and operation of the water
system within the corporate boundaries of the City of Maplewood, the most recent revision titled
Amendment No. 2, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the City of Maplewood does hereby request of St. Paul Regional Water
Services the following reimbursement for project expenses:
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1. County Road D Water Main Phase 2, CP 04-04 (Gulden’s Utilities)
Water Utility Aid for watermain oversizing, 125-foot assessment corner credits, and
assessable footage with no benefit; the total amount of Aid requested for these
improvements is $33,550.
2. County Road D Water Main Phase 3, CP 02-08 (County Road D West)
Water Utility Aid for watermain oversizing and 125-foot assessment corner credits; the
total amount of Aid requested for these improvements is $18,740.
3. County Road D Water Main Phase 4, CP 04-06 (County Road D Court)
Water Utility Aid for watermain oversizing, 125-foot assessment corner credits, and
assessable footage with no benefit; the total amount of Aid requested for these
improvements is $118,920.
4. Kennard Street (Beam Avenue to County Road D), CP 03-04
Water Utility Aid for watermain oversizing; the total amount of Aid requested for these
improvements is $18,000.
5. Dahl Avenue Street Improvements (Woodhill Development), Project 05-10-
Resolution for Approving Conditions of the Magellan Pipeline Encroachment Agreement
Adopted the following resolution Approving the Condition of the Encroachment
Agreement and Authorized the Mayor and City Manager to sign the Agreement with
Magellan Pipeline:
RESOLUTION APPROVING CONDITIONS OF THE ENCROACHMENT AGREEMENT AND
AUTHORIZING THE CITY MAYOR AND CITY MANAGER TO SIGN THE ENCROACMENT
AGREEMENT WITH MAGELLAN PIPELINE 05-07-101
WHEREAS
, the City of Maplewood wishes to construct sanitary sewer, water main and a trail
within the Magellan Pipeline easement
WHEREAS
, the sanitary sewer, water main and trail will be located within the corporate limits of
Maplewood,
WHEREAS
, the City of Maplewood will be granted an approved Encroachment Agreement for
the purpose of constructing said sanitary sewer, water main and trail, pending the receipt of a
Resolution Approving the Conditions of the Encroachment Agreement and Authorizing the City Mayor
and City Manager to sign the Encroachment Agreement with Magellan Pipeline.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESTOA
THAT:
The City of Maplewood agrees to the terms and provisions of the Magellan Pipeline Encroachment
Agreement. The City further assumes all liabilities, obligations or responsibilities described in
Encroachment Agreement and pertaining to the construction maintenance, operations and supervision
of the sanitary sewer, water main and trail in conjunction with the Dahl Avenue street and utility
improvements..
The City of Maplewood authorizes the Mayor and City Manager to sign the Encroachment Agreement
with Magellan Pipeline.
(Drafted by & when filed return to: Magellan Pipeline Company, L.P., P. O. Box 22186, MD 27-2 (S.
Guthrie), Tulsa, Oklahoma 74121-2186, 918/574-7350.)
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ENCROACHMENT AGREEMENT
Agreement
This Encroachment Agreement ("") is made and entered into by and between Magellan Pipeline
Company, L.P., a Delaware limited partnership, whose address is P.O. Box 22186, Tulsa, Oklahoma,
Magellan
74121-2186, (hereinafter called ""), and City of Maplewood, a Minnesota municipality, whose
mailing address is 1902 County Road B East, Maplewood, Minnesota 55109 , its heirs, successors, assigns
City
and grantees (hereinafter called “”).
WITNESSETH:
CityCity
WHEREAS, represents and warrants that owns the right to construct ”ENCROACHMENTS
Subject LandExhibit “A”
UNDER REVIEW” on all the certain land (hereinafter “”), described on attached
and made a part hereof; and
Magellan
WHEREAS, is the owner of certain pipelines, pipeline facilities and appurtenances (hereinafter
Magellan Facilities
referred to as the "") and easement rights therefor, (hereinafter referred to as the
Easement
"", whether or not rights were granted in one or more documents or acquired by operation of
AgreementMagellan’s Easement Tract
law). For purposes of this only, “” shall be considered to be any
MagellanFacilities
area within Fifty (50) feet of any , unless a different right of way tract width is
Easement,Magellan’s
specifically described in the in which case such specified width shall define
Easement Tract
. The land referenced in the Easement includes a portion of the Northwest Quarter of the
North half of Section 15, T-29-N, R-22-W, Ramsey County, Minnesota, pursuant to those certain
instruments recorded in the records of said county and state and described as follows: “REVIEWING
RELEVANT DOCUMENTS”
AgreementEncroachment
WHEREAS, for the purposes of this an “” is defined as any use of the land
Magellan’s Easement TractMagellan
within by someone other than which could interfere with
Magellan’sEasementMagellan’sFacilities
rights or could create safety concerns related to as more fully
Magellan’sExhibit “B”
described in General Encroachment Requirements as set forth in attached and
Magellan does not permit or authorize any Encroachments unless
incorporated herein by reference.
specifically approved in a written agreementidentifying all “Approved Encroachments”
; and
CityMagellan’sEncroachmentsMagellan’s
WHEREAS, desires to obtain consent for one or more on
Easement Tract;
NOW, THEREFORE, in consideration of the covenants and agreements herein and other good and
Magellan,
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, subject to
EncroachmentsApproved
the following terms and provisions,hereby consents to the listed below as “
Encroachments”
described and limited pursuant to the following specified plan drawings, which were
CityMagellanPlan DrawingsExhibit “C”
furnished by to (“”) and attached hereto as :
TERMS AND PROVISIONS
1. Approved Encroachments. The Approved Encroachments, as further identified, described and limited
in the Plan Drawings as set forth in Exhibit “C” are limited to the following:
(a) ”ENCROACHMENTS UNDER REVIEW”
2. No Other Encroachments. Except for the Approved Encroachments as defined in the Agreement, City
shall not create, erect, place or construct any other Encroachment on, above or below the surface of
the ground on Magellan’s Easement Tract, or change the grade or elevation of the ground surface
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within Magellan’s Easement Tract or at any time plant or allow any trees thereon or cause or permit any
of these to be done by others, without the express prior written permission of Magellan.
3. Magellan On-Site Representative. Exclusive of Saturday, Sunday, and legal holidays, City shall notify
Magellan a minimum of 48 hours in advance of any Encroachment activities on Magellan’s Easement
Tract so that Magellan may arrange to have a representative present. At Magellan's option and at City's
sole cost and expense, Magellan's representative may be on site during all Encroachment activities
over or within ten feet (10') of the Magellan Facilities to confirm that no damage occurs to the Magellan
Facilities. The presence of Magellan's representative or any verbal instructions given by such
representative shall not relieve City of any liability under the Easement or this Agreement, and will not
change the terms of the Easement or this Agreement, which may only be changed by written
agreement by authorized representatives of City and Magellan. If pipeline, coating, cathodic protection
and/or any other repair of Magellan Facilities is required by Magellan or if the safety of the Magellan
Facilities is jeopardized, in Magellan’s sole judgment, City shall stop all construction activities on
Magellan’s Easement Tract until said repairs are completed or until any unsafe construction practices
are resolved to the satisfaction of Magellan’s on-site representative. Written notification of such
construction activity shall be made to MAGELLAN PIPELINE COMPANY, Coordinator of Operations &
Maintenance, Howard White at 2451 West County Road C, St. Paul, MN 55113, Office:(651) 633-9339,
Cell: (612) 759-9452, Fax: (651) 633-8217, or such other representative of Magellan, which Magellan
may from time to time designate.
4. Protection of Magellan Facilities. City shall protect the Magellan Facilities if excavating and backfilling
become necessary within Magellan’s Easement Tract. If excavating within 2 feet of any Magellan
pipeline or when otherwise deemed necessary by Magellan’s on-site representative, City shall perform
any necessary digging or excavation operations by hand digging. City shall reimburse Magellan for all
costs of having a representative of Magellan on-site during construction activities related to the
Approved Encroachments.
5. Breach. If either City or Magellan breaches this Agreement and the non-breaching party commences
litigation to enforce any provisions of this Agreement, the reasonable cost of attorneys' fees and
expenses will be payable to the non-breaching party by the breaching party upon demand, for all claims
upon which the non-breaching party prevails.
6. Insurance. City shall procure or cause its contractors and subcontractors to procure and maintain in
force throughout the entire term of this Agreement insurance coverage described below with insurance
companies acceptable to Magellan for work performed related to the construction of the Approved
Encroachments. All costs and deductible amounts will be for the sole account of the City or its
contractors and subcontractors. Prior to commencing any activities related to the construction of the
Approved Encroachments, the City must deliver to Magellan certificate(s) of insurance. Non-renewal or
cancellation of policies must be effective only after Magellan receives written notice from the insurance
company thirty (30) days in advance of such non-renewal or cancellation. The limits set forth below are
minimum limits and will not be construed to limit the City’s liability:
(a) Workers' Compensation insurance complying with the laws of the State or States having jurisdiction
over each employee and Employer's Liability insurance with limits of $1,000,000.
(b) Commercial or Comprehensive General Liability insurance on an occurrence form with a combined
single limit of $5,000,000 each occurrence and project specific annual aggregates of $5,000,000.
Coverage must include premises/operations, independent contractors, blanket contractual liability,
and products/completed operations coverage, broad form property damage, personal injury, and
sudden and accidental pollution; such coverage must be maintained for two (2) years following
completion of work activities related to the construction of the Approved Encroachments. Magellan,
its affiliated companies, and its and their respective directors, officers, partners, members,
shareholders, employees, agents and contractors shall be included as additional insureds.
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(c) In each of the above policies, the City or its contractors and subcontractors agree to waive and will
require its insurers to waive any rights of subrogation or recovery either may have against Magellan
and its affiliated companies.
(d) Regardless of the insurance requirements above, the insolvency, bankruptcy, or failure of any such
insurance company providing insurance for the City or its contractors and subcontractors, or the
failure of any such insurance company to pay claims that occur, such requirements, insolvency,
bankruptcy or failure will not be held to waive any of the provisions hereof.
(e) In the event of a loss or claim arising out of or in connection with the construction of the Approved
Encroachments, the City agrees, upon request of Magellan, to submit a certified copy of its
insurance policies for inspection by Magellan.
(f) The City shall require all of its contractors and subcontractors for work related to the construction of
the Approved Encroachments to provide adequate insurance coverage, all to be endorsed with the
Waiver of Subrogation wording referenced in Section (c) above; any deficiency in the coverage,
policy limits, or endorsements of said contractors and subcontractors, shall be the sole
responsibility of the City.
7. Indemnification. City will indemnify, save, and hold harmless Magellan, its affiliated companies,
directors, officers, partners, employees, agents and contractors from any and all environmental and
non-environmental liabilities, losses, costs, damages, expenses, fees (including reasonable attorneys’
fees), fines, penalties, claims, demands, causes of action, proceedings (including administrative
proceedings), judgments, decrees and orders resulting from City’s breach of this Agreement or caused
by or as a result of the construction, use, maintenance, existence or removal of the Approved
Encroachments and Other Encroachments located on the Magellan Easement Tract. The presence of
Magellan’s representative or any instructions given by such representative will not relieve City of any
liability under this Agreement, except to the extent that such liability results from Magellan’s or its
representative’s gross negligence or willful misconduct.
8. Damage or Loss. City covenants that:
(a) If at any time, in the sole opinion of Magellan, it becomes necessary for Magellan, to cross, occupy,
utilize, move or remove all or portions of the Approved Encroachments placed on Magellan’s
Easement Tract or constructed pursuant to this Agreement, for any purpose, including but not
limited to surveying, constructing new facilities, maintaining, inspecting, operating, protecting,
repairing, replacing, removing or changing the size of a pipeline(s) and appurtenances on
Magellan’s Easement Tract and such activities by Magellan result in damage to or destruction of the
Approved Encroachments, then repair, replacement or restoration of such Approved
Encroachments shall be at the sole cost and responsibility of City.
(b) If at any time, any encroachments belonging to or permitted by City which are not authorized by this
or another written agreement (“Other Encroachments”) are found to be on Magellan’s Easement
Tract, Magellan may at any time request City to remove such Other Encroachments, and if City
refuses or fails to do so within a reasonable time, Magellan’s may remove them from Magellan’s
Easement Tract to a location off of Magellan’s Easement Tract at City’s expense, unless they are
allowed to remain by a written agreement between Magellan and City. Should such removal
activities by Magellan result in damage to or destruction of the Other Encroachments, then repair,
replacement or restoration of such Other Encroachments shall be at the sole cost and responsibility
of City, and such Other Encroachments may not be repaired, replaced or rebuilt on Magellan’s
Easement Tract without a written agreement between Magellan and City.
(c) If during the exercise of the rights granted by the Easement or by this Agreement, the Approved
Encroachments and Other Encroachments, if any, are damaged, destroyed or suffer loss of value,
City agrees to release Magellan, its affiliates, and its and their respective directors, officers,
members, partners, shareholders, employees, agents and contractors from and against any and all
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liabilities, and damages or losses which may arise as a result of the damage to or loss of use of the
Approved Encroachments and Other Encroachments, if any, caused by Magellan, its employees,
agents and contractors.
9. Magellan Rights. Magellan and City agree that the existence of the Approved Encroachments or this
Agreement does not constitute a waiver of Magellan’s rights under the Easement. Magellan hereby
reserves and City hereby grants and confirms all of Magellan’s rights, title and estate as set forth in the
Easement.
10. The terms and conditions of this Agreement will constitute covenants running with the land and be
binding upon and inure to the benefit of the parties hereto, their successors, assigns and grantees.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one instrument. This Agreement shall become
effective upon its complete execution by the parties hereto.
11. (Example of a Unique or Specific Provision) Water Diversions. City shall install water diversions at
locations specified by Magellan’s Coordinator of Maintenance to prevent erosion of the soil from
Magellan’s Easement Tract.
6. Temporary Gambling–Church of St. Jerome
Adopted the following resolution for a Temporary Lawful Gambling Resolution for The
Church of St. Jerome for September 18, 2005 at 380 Roselawn Avenue:
RESOLUTION 05-07-102
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary permit for lawful gambling is approved for the Church of St. Jerome.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness
of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
7. Development Agreement Release-Legacy Village
Approved the Release of Obligation Under the Master Development Agreement
requested by Frank Janes of the Hartford Group as it relates to the Wyngate
Townhomes site in Legacy Village.
H. PUBLIC HEARINGS
1. 7:00 p.m. Solid Waste Ordinance Amendment–Multi-Family Residential Recycling
(Second Reading)
a. City Manager Fursman presented the report.
b. Environmental Health Officer Konewko presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following person was heard:
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Cory Franks, 2391 Larpenteur Avenue, Maplewood
d. Mayor Cardinal closed the public hearing.
Councilmember Juenemann moved to adopt the following multi-family recycling
ordinance amendment with an effective date of January 1, 2006:
ORDINANCE 862
CITY OF MAPLEWOOD
CHAPTER 30
SOLID WASTE MANAGEMENT
AN ORDINANCE AMENDING CHAPTER 30, ARTICLE IV, SECTION 30-107 OF THE CITY CODE
AND ADDING A SECTION RELATING TO REQUIRED
RECYCLING SERVICES FOR RESIDENTIAL BUILDINGS
WITH TWO OR MORE DWELLING UNITS
Section 30-107 of the Code of the City of Maplewood is hereby amended to read as follows:
Sec. 30-107. Program established.
The city has established and developed a local recycling program throughout the city. The city’s goal is to
promote public education and solid waste reduction and recycling. The city shall require all the owners and
managers of multiple family dwellings to assure that they provide recycling services to all their residents.
30-107.1
. Required Recycling Services; Multiple Family Dwellings.
(1) Definitions
. For purposes of this subsection, the following terms have the meanings indicated:
(a) “Multiple family dwellings” means a building or a portion thereof containing two or
more dwelling units.
(b) “Designated recyclables” means the following recyclable materials: aluminum cans;
steel cans; glass jars and bottles; paper recyclables; plastic bottles; and corrugated
cardboard.
(c) “Aluminum cans” means disposable containers fabricated primarily of aluminum,
commonly used for soda, beer, juice, water or other beverages.
(d) “Steel cans” means all disposable containers fabricated primarily of steel or tin used
for food and beverages.
(e) “Glass jars and bottles” means unbroken jars and bottles, and containers (lids/caps
and pumps removed) which are primarily used for packing and bottling of food and
beverages.
(f) “Paper” means newspapers; household office paper and mail; boxboard; and
magazines/catalogs. No boxboard containers used for food product storage in the
refrigerator or freezer are included.
(g) “Plastic bottles” means plastic bottles shaped with a neck, rinsed and with lids, caps,
rings and pumps removed. Recyclable plastic bottles shall be identified on the bottom
with the SPI plastic codes #1 (PETE) and #2 (HDPE) including bottles containing:
liquor; milk; juice; soft drinks; water; certain food; soap and cosmetics.
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(h) “Corrugated cardboard” means cardboard material with double wall construction and
corrugated separation between walls but not plastic coated cardboard.
(i) “Collection” means the aggregation of recyclable materials from the place at which it
is generated and includes all activities up to the time when it is delivered to a recycling
facility. .
(j) “Recycling container” for multiple family dwellings means any bin, cart, dumpster or
other receptacle for temporary storage and collection of designated recyclables from
tenants in multiple-family dwellings prior to collection. Such recycling containers must
be separate, explicitly labeled as to recyclables included, and colored differently from
other containers for mixed solid waste or trash.
(2)Collection Services Required
. The owner of a multiple family dwelling shall make available
to the occupants of all dwelling units on the premise services for the collection of designated recyclables.
The recyclables collection services shall be available on the premises and shall be provided on a regularly
scheduled basis of at least twice a month. This collection service shall be for at least four broad types of
designated recyclable materials. The collection schedule and recycling containers’ capacity shall provide
for regular removal or the recyclables such that there is adequate storage capacity available in the
recyclable containers to prevent overflowing containers. The owner may use the city’s recycling contractor
to provide the recycling collection services or they may independently contract with another licensed hauler
and/or recycling contractor to provide the recycling collection services at the owner’s expense.
(3) Recycling Information Required.
The owner of a multiple family dwelling shall provide
recycling information to the occupants of each dwelling unit on the property. This information shall notify the
occupants of the availability of collection services, describes the procedures required to prepare the
designated recyclables for collection, and identifies the dates and times of collection. If the owner elects to
use the city’s recycling contractor, the city’s recycling contractor will supply the owner with the information
needed to create this informational fact sheet.
(4) Container Requirements. The recycling containers shall be:
(a) Sufficient in number and size to meet the demands for recycling services created by the
occupants;
(b) Equipped with self-closing lids;
(c) Equipped with standardized labels identifying the type of recyclable material to be
deposited in each container and colored differently from other containers for mixed solid
waste or trash.
(d) Maintained in proper operating condition and reasonably clean and sanitary;
(e) Repaired or replaced on a reasonable schedule if stolen or broken.
(5) Responsibility for Providing and Maintaining Recycling Containers
:
(a) If the owner of a multiple family dwelling uses the city’s recycling contractor, then the
contractor shall provide and maintain adequate recycling containers for demand and
needs of the property and its occupants.
Or,
(b) If the owner uses an independent recycling contractor, the owner shall assure
adequate recycling containers are provided and maintained by the independent
contractor.
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(6) Containers Location(s)
. Recycling containers shall be placed in a location on the premises
that permits access for collection purposes but does not obstruct pedestrian or vehicular traffic. All such
locations shall comply with the City’s zoning and other ordinances.
(7) Transportation and Disposal.
Upon collection by the city’s recycling contractor or the owner’s
independent hauler, that person shall deliver the designated recyclables to a recyclable material processing
center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a
processing center or end market. It is unlawful for any person to transport for disposal or to dispose of
designated recyclables in a mixed municipal solid waste disposal facility. The contractor or hauler shall
transport all designated recyclables in a covered vehicle so the recyclables do not drop or blow onto any
public street or private property during transport.
(8) Scavenging Prohibited.
It is unlawful for any person, other than the city’s recycling contractor
or owner’s independent hauler, to collect, remove, or dispose of designated recyclables after the materials
have been placed or deposited for collection in the recycling containers. The owner, owner’s employees,
owner’s independent hauler’s employees, or city’s recycling contractor’s employees may not collect or
“scavenge” through recycling in any manner that interferes with the contracted recycling services.
(9) Annual Report.
Each owner or manager of a multiple family dwelling shall file an annual report
with the city by January 31 of each year on a form to be provided by the city recycling coordinator. The
report shall contain, at a minimum, the following information:
(a) name of owner and building manager and contact information;
(b) address of multiple family dwelling;
(c) number of dwelling units;
(d) description of recycling collection services made available to occupants, including
location of containers, dates of collection and whether collection services are provided
by owner, owner’s employees, or a licensed collector;
(e) description of methods used to inform occupants of availability of recycling services;
(f) tonnage estimates for each type of material recycled as provided by the city’s
contractor or owner’s independent recycling contractor;
(g) name and address of licensed hauler/recycler that provides collection services and
where the recyclables were taken for processing.
(10) Administrative Penalties.
Violation of this chapter shall be charged as an administrative fine
as follows: a fine of $200.00 for the first offense; a fine of $300.00 for the second offense at the same
location within a 12 month period; a fine of $500.00 for the third offense or additional offenses within a 24
month period at the same location. The owner shall be notified in writing of the violation and if the owner
fails to take action within 15 days of receiving the notice of violation, the owner shall be cited for violation in
accordance with the fine schedule.
11) Misdemeanor Prosecution.
Nothing in this chapter shall prohibit the City from seeking
prosecution as a misdemeanor for any alleged violation of this chapter. If the City elects to seek
misdemeanor prosecution, then no administrative fine will be imposed under subpart (10) above.
This ordinance shall be effective on January 1, 2006. The Administrative Penalties piece, Section 30-107.1,
item number 10, shall have an effective starting date of July 1, 2006.
Seconded by Councilmember Monahan-Junek Ayes-All
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Due to time constraints council moved to item K2
2. 7:40 p.m. Sign Ordinance Amendment–Political Signs (First Reading)
a. City Manager Fursman presented the report.
b. Shann Finwall, Associate Planner presented specifics from the report.
c. Diana Longrie, 1771 Burr Street, Chair, provided the Community Design Review
Board report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following person was heard:
None
Councilmember Rossbach moved to adopt the first reading of the following ordinance
amending the city’s sign code pertaining to the size, number, and placement of political
signs:
AN ORDINANCE AMENDING THE POLITICAL CAMPAIGN SIGN SECTION OF THE SIGN CODE
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1.
This amendment changes Section 44-735, subdivision (1.f.) (additions are underlined and
deletions are crossed out):
(1.f) Political campaign sign means any sign which states the name or portrays the picture of an
individual seeking election or appointment to a public office or pertaining to a forthcoming public
election or referendum or pertaining to or advocating political views or policies.
Section 2.
This amendment changes Section 44-891, subdivision (8) (additions are underlined and
deletions are crossed out):
Section 44-891. Special purpose and temporary signs in all districts. The city permits the following
special purpose and temporary signs in all districts.Such signs shall be exempt from section 44-807,
which pertains to temporary signs, and schedule 2 in subdivision 3 of this division, which pertains to
permitted signs by zoning districts. Such signs shall be subject to the following limitations:
(8) Temporary political signs promoting any candidate, party or cause may be displayed for 30 days
prior to an election or referendum, provided that such signs are removed within seven days following
the election or referendum. Political signs are prohibited on public property and utility poles.
(8) Political campaign signs:
(a) For local elections and referendums, political campaign signs may be posted from August
st
1 until ten (10) days following said election or referendum.
(b) Political campaign signs shall not exceed sixteen (16) square feet in area and six (6) feet
in height. The total area of all political campaign signs shall not exceed sixty-four (64) square
feet per property.
(c) In a state general election year, the size, number, and duration of political campaign sign
displays shall comply with the provisions of Minnesota Statute 211.B.045, and nothing in this
chapter shall be construed as applicable except location restrictions.
(d) All political campaign signs shall be setback at least five (5) feet from the edge of the
nearest street and at least one (1) foot from any sidewalk or trail. Said signs shall not be
placed between a street and a sidewalk or trail or at any other location that obstructs driver or
pedestrian visibility. The consent of the underlying property owner or the property owner
fronting the proposed location of the sign must be obtained before placement of such sign.
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Section 3.
This ordinance shall take effect after publishing in the official newspaper.
Seconded by Juenemann Ayes-Councilmembers Juenemann,
Monahan-Junek and Rossbach
Nays-Mayor Cardinal and Councilmember
Koppen
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
1. Charitable Gambling Requests
a. City Manager Fursman presented the report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Monahan-Junek moved to accept the following requests as council had
indicated in the requests that they turned in:
Recommenda-
Organization Requests BC MK KJ JMJ WR tions
Dispute Resolution Center 5,000 5,000 0 4,000 2,000 0 2,200
Tubman Family Alliance 2,000 1,000 0 2,000 1,000 0 800
Maplewood Historical Society 27,000 17,000 5,000 12,000 3,000 10,500 9,500
Family Institute for Well Being 7,600 1,000 0 3,200 2,000 3,800 2,000
Century College 5,000 1,000 0 1,600 3,000 0 1,120
Edgerton Community Drama Club 1,000 500 1,000 1,000 1,000 1,000 900
Police Explorers 8,000 4,000 8,000 3,500 8,000 5,000 5,700
Webster School PTO 5,000 1,000 4,600 1,000 5,000 3,060 2,932
Hill Murray School 74,500 5,000 0 0 0 0 0
Heritage Theatre Co. 5,840 2,000 5,000 3,900 5,840 5,840 4,516
Ramsey County Fair 5,500 5,200 5,500 1,500 250 5,500 3,590
Fire Explorers 5,000 2,000 5,000 2,500 5,000 5,000 3,900
Police Reserves 3,000 3,000 3,000 3,000 3,000 3,000 3,000
MCC Room Rentals 25,000 10,000 20,000 12,500 10,000 15,000 13,500
Total* 179,440 57,700 57,100 51,700 49,090 57,700 53,658
Reserve Balance 0 600 6,000 8,610 0 4,042
*Available funds $57,700
Seconded by Councilmember Juenemann Ayes-All
Due to time constraints this item was held until item H2 is heard – move to K2
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2. TH 5 and TH 120 Vacant MnDOT Property-City Project 03-20-Presentations and Review of
Site Plan Proposals:
Independent School District #622/City of North St. Paul
Hill-Murray School
MnDOT Marsh–Ron Cockriel, 943 Century Avenue
a. City Manager Fursman presented the report.
b. Public Works Director Ahl presented specifics from the report.
c. The following persons were heard:
Greg Hein, representing Independent School District #622
Andy Golfis, representing IDS as their Environmental Specialist
Joe Peschges representing Hill-Murray School
Craig Rafferty, Architect Rafferty & Rafferty, representing Hill-Murray School
Ron Cockriel, 943 Century Avenue, Maplewood
Frank Pafko, MnDOT Area Manager and Chief Environmental Officer
Scott Duddeck, School Board member representing ISD #622
No action was taken
A ten minute break was taken.
3. Ramsey County Joint Powers Agreement-Dispatch Consolidation
a. City Manager Fursman presented the report and the specifics from the report.
Councilmember Koppen moved to “iron out the wrinkles” and approve the joint powers
agreement with Ramsey County.
Seconded by Councilmember Rossbach Ayes-Councilmembers Koppen and
Rossbach
Nays-Mayor Cardinal, Councilmembers
Juenemann and Monahan-Junek
Councilmember Monahan-Junek moved to “pull back” from the county proposal and continue to
pursue the 800 MHZ technology change with the intention of remaining independent.
Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmembers
Juenemann and Monahan-Junek
Nays-Councilmembers Rossbach and
Koppen
Mayor Cardinal requested an amendment to the motion, adding: The City of Maplewood should
be provided all information, without any being held for any political reasons.
Mayor Cardinal withdrew his amendment.
Councilmember Juenemann moved to make it clear the funding piece of the consolidation plan
proposed was not sufficient, and did not sufficiently address suburban concerns and that fair
disclosure of all financial agreements and information must be made to all parties.
Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmembers
Juenemann, Monahan-Junek and Rossbach
Nay-Councilmember Koppen
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Councilmember Rossbach requested to change his vote due to a misunderstanding of the
motion that was on the table. Councilmember Rossbach clarified that after Mayor Cardinal’s
interpretation of the motion, he was supporting fair disclosure of all financial agreements and
information being shared with all parties, not Councilmember Juenemann’s motion.
City Attorney Kelly stated the clarification of the motion by Mayor Cardinal, being the presiding
officer, stands, therefore the vote stands.
Mayor Cardinal read the following for the record:
As Mayor, my responsibility is to protect the City of Maplewood. After doing some homework, I
found several issues that need to be addressed prior to my supporting consolidation of
Maplewood city operations and merging with Ramsey County. I am fully supportive and will
vote to merge and consolidate with Ramsey County after these issues have been looked at and
addressed.
Ownership- this issue has always been at the heart of consolidation talks. By all measurements
St. Paul accounts for 68 (77%) to 85% of requests for service County-wide. Will St. Paul lead
and direct the new center. Will the County manage the center?
Method of Operation – A center of this size will require two stage operations. It must have
dedicated call takers and dispatchers. Work volumes require this. St. Paul is the only center in
the County that has ever operated this way and has done it for decades. It is of concern that
those with the experience in this area will now be under the direction of those that have never
done this before.
Medical Dispatch – St. Paul offers pre-arrival instructions and patient screening for medical
dispatch. St. Paul is the only agency in the County that does this. The concern is that those
with the practical experience will now be supervised by those with no experience. The St. Paul
Paramedic program operates under the license of Dr. Frascone from Regions Hospital and
dispatch technique is part of this umbrella. I do not believe any approach has been made to the
Doctor. Dr. Frascone will need to get on board.
Fire Dispatch – St. Paul maintains a dedicated Fire/Medical dispatch team. All other PSAPs in
the County are single stage and do not do this. This St. Paul model must be continued in any
new center or service quality will fall.
Police Information Channel – St. Paul maintains a dedicated service channel (Chan 5) and
dispatchers for this channel. All other PSAPs in the County staff with personnel with multiple
duties. This St. Paul model must be continued in any new center or service quality will fall.
County Phone System – The St. Paul PSAP used the county 266 phone system when Griffin
became operational. The City had to pay for conversion back to the 291 numbers when it was
determined that the Ramsey phone system was not adequate for ECC use. In the words of the
County-“we never intended this system to be for 24 hour emergency use”. The new ECC must
have an entirely different phone system.
Must have new phone system.
Policy/Procedure – Currently, the St. Paul Fire and Police Depts. exercise total control over the
ECC. It is not known how this will be affected by consolidation. Accountability and
responsiveness are areas of great and legitimate concern. What demands might be placed on
the system in the future due to budget or other concerns? Will the City be asked for additional
dollars if they desire increased, changed, or modified service? Will Maplewood be charged and
have to pay extra costs for these additions, or will this also be taxed and levied by the County
on City of Maplewood residents?
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Staffing Level – The St. Paul ECC is very short staffed. It is estimated at 18-20 persons below
what is needed. There is concern that this will not be addressed in the new center.
Special Needs – Will the City be able to request/insist on the creation of new methods, policies,
techniques that it feels are necessary for continued service to its citizens? Can Maplewood
simply be told – No, we will not do that? Who controls the future technology (i.e. video, camera
access -- on highways or corridors)?
Need legal opinion on Ramsey County charter. Question: 911 calls, who is in charge of the
entire county?
Question: If Sheriff is in charge of all communications, is that what we want?
All staffs are presently at 100, the county will need 125 total. Need clerical, supervisors, payroll,
and a 4 million budget. Will have $320,000 for 911 fees whoever answers the phone.
800 MHz is already in place. This seems to be a short term fix for a long term problem. Fix
these problems and come back for a positive vote.
The Mayor also stated “he is fully supportive and will vote to merge and consolidate when all of the
issues and questions are ironed out and addressed.”
Councilmember Monahan-Junek asked City Manager Fursman how Maplewood, a state of the art
dispatch center, can help service other suburbs.
City Manager Fursman stated that currently we do not have the capacity to take on the suburban
functions that the sheriff now has. Maplewood could possibly take on White Bear Lake or another
community, but not the entire group. City Manager Fursman would need further information to
make comment on pursuing this option.
Chief Lukin made council aware of the fact that Maplewood cannot stand on its own with 800 MHz.
K. NEW BUSINESS
1. Richie/Anondson Non-Conforming Three and Four-plexes–(1349 and 1359 County Rd C)
a. Land Use Plan Change-(R-2 (double dwelling) to R-3(H) (high density multiple
family residential) (4 votes)
b. Conditional Use Permit for Planned Unit Development (PUD)
a. City Manager Fursman presented the report.
b. Planner Finwall presented specifics from the report.
Fred Richie, property owner 1359 County Road C, Maplewood
Craig Anondson, property owner 1349 County Road C, Maplewood
At 11:07 p.m. Monahan-Junek moved to extend the meeting until all agenda items were
completed.
Seconded by Councilmember Juenemann Ayes-All
Ron Brzinski, 1358 Kohlman Avenue, Maplewood
Debra Willing, 1366 Kohlman Avenue, Maplewood
Brad Kellerhuis, 1343 County Road C, Maplewood
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Councilmember Juenemann moved to adopt the following resolution approving the attached
comprehensive land use change plan from double dwelling residential to high multiple dwelling
residential for the properties located at 1349 and 1359 County Road C East:
RESOLUTION 05-07-109
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Fred Richie and Craig Anondson applied for a change to the city's land use
plan from Double Dwelling Residential (R-2) to High Multiple-Dwelling Residential (R-3H).
WHEREAS, this change applies to the properties at 1349 and 1359 County Road C East.
WHEREAS, the history of this change is as follows:
1. On June 6, 2005, the planning commission held a public hearing. The city staff published a
hearing notice in the Maplewood Review and sent notices to the surrounding property owners.
The planning commission gave everyone at the hearing a chance to speak and present written
statements prior to their recommendation.
2. On July 11, 2005, the city council discussed the land use plan change. They considered reports
and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described
change to the land use plan for the following reasons:
1. This site is proper for and consistent with the city's policies for high-density residential use. This
includes:
a. Include a variety of housing types for all types of residents, regardless of age, ethnic,
racial, cultural or socioeconomic background. A diversity of housing types should
include apartments, town houses, manufactured homes, single-family housing, public-
assisted housing and low- to moderate-income housing, and rental and owner-occupied
housing.
b. Disperse low- and moderate-income developments throughout the city, rather than
concentrating them in one area or neighborhood.
c. Have a balanced housing supply, with housing available for people at all income levels.
d. Have a variety of housing types for ownership and rental for people in all stages of the
life-cycle.
e. Have a community of well-maintained housing and neighborhoods, including ownership
and rental housing.
f. Add to and preserve the affordable housing in the city.
g. The properties are located on a collector street, with no additional traffic added to local
streets.
Seconded by Councilmember Rossbach Ayes-All
Councilmember Juenemann moved to adopt the following resolution approving a conditional use
permit for a planned unit development for the properties located at 1349 (3 units) and 1359 (4 units)
County Road C East. At change of ownership, they would revert to R(2) Duplexes:
Conditional Use Permit Resolution 05-07-110
WHEREAS, Fred Richie and Craig Anondson applied for a conditional use permit for a planned
unit development to allow three dwelling units to remain on 1349 County Road C and four dwelling units
to remain on 1359 County Road C.
WHEREAS, this permit applies to the properties at 1349 and 1359 County Road C.
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WHEREAS, the history of this conditional use permit is as follows:
1. On June 6, 2005, the planning commission held a public hearing. City staff published a notice in
the paper and sent notices to the surrounding property owners. The planning commission gave
everyone at the hearing a chance to speak and present written statements. The planning
commission considered reports and recommendations from the city staff and planning commission
prior to their recommendation.
2. On July 11, 2005, the city council discussed the conditional use permit. They considered reports
and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity with
the city’s comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation that
would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and fire
protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site’s natural and
scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. The planned unit development allows for three dwelling units to be located at 1349 County Road C
and four dwelling units to be located at 1359 County Road C. Any additional dwelling units must be
approved by the city council.
2. The planned unit development for three dwelling units to be located 1349 County Road C and four
dwelling units to be located at 1359 County Road C will expire once the properties are sold. Once
the properties are sold, either consequtively or individually, they will be converted back to double
dwelling (R-2) zoning which allows for two dwelling units per property. In order to ensure this is
accomplished, the property owners must file appropriate title work indicating such, and provide such
notice to any potential buyer and notify the city of the sale. Appropriate title work to be approved by
city staff prior to recording.
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3. Any exterior modifications including additions and accessory structures which require building
permits must be reviewed by the Community Design Review Board.
4 The property owners must submit and maintain a landscape/screening/parking plan to the
Community Design Review Board for approval. The plan must ensure adequate
landscaping/screening and parking is existing or installed.
5 The property owners must have each individual unit inspected by the city’s building official and fire
marshal to ensure life/safety issues are addressed.
6 The city council shall review this permit in one year.
Seconded by Councilmember Rossbach Ayes-All
2. Lark Avenue Right-of-Way Vacation (between Hazel and Van Dyke Streets)
a. City Manager Fursman presented the report.
b. Planner Finwall presented specifics from the report.
c. Lyle and Wanda Pichelman, property owners, addressed the council.
Councilmember Monahan-Junek moved to adopt the following resolution approving the
proposed vacation of the easterly 300 feet of the unused 60-foot-wide Lark Avenue right-of-
way located west of the right-of-way line of Hazel Street. This will include ensuring the shed
is five feet off the property line, or to remove the shed completely:
STREET VACATION RESOLUTION 05-07-111
WHEREAS, Lyle Pichelman and Wanda Pichelman applied for the vacation of the following-described
right-of-way:
The easterly 300 feet of the unused 60-foot-wide Lark Avenue right-of-way located west of the
right-of-way line of Hazel Street.
WHEREAS, the history of this vacation is as follows:
1. On June 20, 2005, the planning commission held a public hearing about this proposed
vacation. The city staff published a notice in the Maplewood Review and sent a notice to the
abutting property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements. The planning commission also considered reports and
recommendations of the city staff. The planning commission recommended that the city council
approve the vacation.
2. On July 11, 2005, the city council reviewed this proposal. The city council also considered
reports and recommendations of the city staff and planning commission.
WHEREAS, after the city approves this vacation, public interest in the property will go to the following
abutting properties:
1. S 75 feet of E ½ (subject to roads) of Lot 2, Block 3, Smith and Taylor’s Addition to North St.
Paul
2255 Hazel Street North, Maplewood, Minnesota
PIN: 11-29-22-33-0026
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2. E ½ of (subject to roads) Lot 1, Block 14, Smith and Taylor’s Addition to North St. Paul
2241 Hazel Street North, Maplewood, Minnesota
PIN: 11-29-22-33-0029
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described right-of-way
vacation for the following reasons:
1. It is in the public interest.
2. The applicant and abutting property owners have no plans to build a street and develop their
properties at this location.
3. The adjacent properties have street access.
4. The vacation of the right-of-way will allow a resident to expand and improve their home.
This vacation is subject to the following conditions:
1. The city retaining a 300-foot-long by 10-foot-wide drainage and utility easement down the center
of the vacated Lark Avenue right-of-way located west of the right-of-way line of Hazel Street.
2. The property owners at 2255 Hazel Street removing the existing shed located along the north
property line if it is found that the shed does not meet the city’s required 5-foot setback to the
property line.
Seconded by Councilmember Koppen Ayes-All
3. Lot Width and Setback Variances (1774 McMenemy Street)
a. City Manager Fursman presented the report.
b. Planner Finwall presented specifics from the report.
Jeff Kissell, representing Kissell Construction
Tom Dahlquist, property owner, 1774 McMenemy Street, Maplewood
Jay Swanson, 1780 McMenemy Street, Maplewood
Councilmember Koppen moved to adopt the following resolution approving the two
variance requests for the creation of the new lot for a single dwelling north of the house at
1774 McMenemy Street. These include having a 73.5-foot-wide lot (a 1.5 foot variance)
and a seven foot setback form the existing house (a three foot variance):
VARIANCE RESOLUTION 05-07-112
WHEREAS, Jeff Kissell and Tom Dahlquist applied to the city for approval of two
variances from the zoning ordinance.
WHEREAS, the variances apply to the proposed single dwelling lot north of the
house at 1774 McMenemy Street. The proposed legal description of the property
(Parcel B) is:
The north 73.50 feet of the south 162 feet of the Southwest Quarter of the
Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 17,
Township 29, Range 22, Ramsey County, Minnesota, Except the east 90.00 feet of said
Southwest Quarter of the Southwest Quarter of the Northwest Quarter of the Southwest
Quarter. Subject to the rights of the public in that part used for McMenemy Street. (Part
of PIN 17-29-22-32-0030)
WHEREAS, Section 44-106 of the Maplewood Code of Ordinances requires that
lots for single dwellings have a minimum lot width of 75 feet and Section 44-108(a) of the
City Code requires a side yard setback of at least ten feet to a dwelling.
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WHEREAS, the applicant is proposing a 73.5-foot-wide lot and a side yard
setback of seven feet to an existing dwelling.
WHEREAS, these require a variance of 1.5 feet and 3 feet respectively.
WHEREAS, the history of these variances is as follows:
1. On June 20, 2005, the planning commission held a public hearing. City staff
published a notice in the Maplewood Review and sent notices to the surrounding
property owners as required by law. The planning commission gave everyone at
the hearing an opportunity to speak and present written statements. The
planning commission recommended that the city council approve the variances.
2. The City Council held a public meeting about this request on July 11, 2005. The
council considered reports and recommendations from the city staff and planning
commission. The city council approved the variance requests.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the
above-described variance for the following reasons:
1. The problem requiring the variances in this circumstance is a problem that the
current owner did not cause.
2. The variances and the creation of a new lot with a new single dwelling in this
location will not change the character of the area.
3. The variances would be in keeping with the spirit and intent of the ordinance
since the city had approved a similar request for the same property in 1978.
4. The reduced lot width and building setback also would not be visually noticeable.
Approval of these variances is subject to the following conditions:
1. The house and garage on the new lot shall have at least a ten foot setback from
the north property line.
2. The city engineer shall approve a grading and drainage plan before the city
approves a lot split for the creation of the new lot.
3. The builder shall provide a six-foot tall privacy fence and eight-foot-tall coniferous
trees (black hills spruce or Austrian Pines) along the north property line. The final design
and location of the fence and trees shall be subject to the approval of city staff and the
contractor shall install these before the city grants an occupancy permit for the new
house.
Seconded by Mayor Cardinal Ayes-All
4. TH 61 Improvements (Beam to I-694) – City Project 03-07–Resolution Approving
Cooperative Agreement with MnDOT
a. City Manager Fursman presented the report.
b. Public Works Director Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution approving the Cooperative
Agreement with MnDOT for funding purposes of three projects:
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RESOLUTION 05-07-113
IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 87866 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 roadway
improvement and acceleration and turn lane construction and other associated construction to
be performed upon, along and adjacent to Trunk Highway No. 61 from 524 feet north of Beam
Avenue to 773 feet south of the Trunk Highway No. 694 eastbound off ramp within the corporate
City limits under State Project No. 6222-150 and City Project No’s. 03-07, 04-06 and 04-25.
IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute
the Agreement and any amendments to the Agreement.
Seconded by Councilmember Rossbach Ayes-All
5. County Road D Realignment (Southlawn to TH 61)–City Project 02-07–Approve Revisions
to Realignment Agreement with BNSF Railroad, Minnesota Commercial Railroad, Xcel
Energy, Ramsey County Board and Ramsey County Regional Rail Authority
a. City Manager Fursman presented the report.
b. Public Works Director Ahl presented specifics from the report.
Councilmember Koppen moved to approve the revised Realignment Agreement with Ramsey
County, Northern Sates Power Company, d/b/a Xcel Energy, Burlington Northern Santa Fe
Railroad, Minnesota Commercial Railroad and Ramsey County:
EXHIBIT A
XCEL ENERGY PERMANENT TRANSMISSION LINE EASEMENT AGREEMENT
EASEMENT
The undersigned, hereinafter called "Grantor", in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration to Grantor in hand paid by Northern States Power Company, a
Minnesota corporation, d/b/a Xcel Energy, hereinafter called "NSP", does hereby grant unto NSP, its
successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use,
rebuild, or remove electric lines with all towers, structures, poles, foundations, crossarms, cables, wires, guys,
supports, counterpoises, fixtures, and devices appurtenant to said lines through, over, under and across the
following described lands (hereinafter called “Premises”) situated in the County of Ramsey, State of
Minnesota, to-wit:
That part of the 150-foot wide BNSF Railway Company right-of-way located in the West Half of
the Southeast Quarter and the Southeast Quarter of the Southwest Quarter of Section 34,
Township 30, Range 22, and the Northwest Quarter of Section 3, Township 29, Range 22,
which lies southerly of the southerly line of the 66-foot wide right-of-way of Buerkle Road as
described in that certain Perpetual Easement filed in the Office of the Ramsey County Recorder
on December 22, 1982 as Document Number 2164739, and which lies northerly of a line drawn
perpendicular with center line of said Railway right-of-way from a point thereon distant 183.00
feet northeasterly from the intersection of said center line with the southerly line of said
Northwest Quarter of Section 3.
Except for the right of access and temporary construction area, said easement shall be limited to
those parts of the Premises (hereinafter called “the Easement Area”) described as follows:
City Council Meeting 07-11-05
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Parcel 1: The easterly 25 feet of the Premises described above which lies northerly of a
line drawn perpendicular with the easterly line of said Railway right-of-way from
a point thereon distant 35.00 feet northeasterly from the intersection of said
easterly line with the northerly right-of-way line of Trunk Highway 393-694 as
described in that certain Final Certificate filed in the Office of the Ramsey County
Recorder on November 4, 1966 as Document Number 1687969.
Parcel 2: The part of the Premises which lies within 30.00 feet of the following described
line: Beginning at a point on a line drawn perpendicular with the easterly line of
said Railway right-of-way from a point thereon distant 35.00 feet northeasterly
from the intersection of said easterly line with the northerly right-of-way line of
Trunk Highway 393-694 as described in that certain Final Certificate filed in the
Office of the Ramsey County Recorder on November 4, 1966 as Document
Number 1687969, distant 30.00 feet westerly of the intersection of said line with
the easterly line of said Railway right-of-way, thence southwesterly parallel with
the easterly line of said Railway right-of-way a distance of 1085 feet to a “Point
A”, thence deflect left to a point on the westerly line of said Railway right-of-way
located 320.00 feet south of the north line of said Section 3, as measured along
the westerly line of said Railway right-of-way and there terminating. The
sidelines of the described strip of land are to be lengthened or shorted to meet at
the point of turning, and to meet said perpendicular line and the westerly line of
said Railway right-of-way.
Parcel 3: That part of the Premises that lies within 10.00 feet each side of the following
described line: Beginning at the above-described “Point A”, thence
southwesterly parallel with the east line of said Railway right-of-way a distance
of 85.00 feet and there terminating.
Parcel 4: That part of the Premises lying between lines parallel with and located
respectively 500 feet and 750 feet south of the north line of said Section 3.
The rights granted herein may be exercised at any time subsequent to the execution of this document.
The grant of easement herein contained shall also include the right to enter upon the Premises,
to survey for and locate said lines and shall also include the right to trim or remove from said Easement
Area any structures, trees (including tall or leaning trees located within the Premises adjacent to the
Easement Area, which may endanger said lines by reason of falling thereon) or objects, except fences,
which will materially interfere with or endanger said lines. Any such entry by Grantee under the
provisions of this paragraph shall not materially interfere with or disrupt in any way any public transit or
transportation system, including but not limited to any rail transit system, which exists upon the
premises at the time of entry, and unless an emergency, Grantee shall notify Grantor prior to such
entry. Except as otherwise provided herein for the construction, operation, repair and maintenance of
facilities and structures necessary for public transit, transportation and recreational trails, Grantor, its
successors and assigns, agrees not to erect any buildings, structures or other objects, permanent or
temporary, except fences, or to plant any trees within the Easement area, without the prior express
written approval from NSP, nor to perform any act which will interfere with or materially endanger said
lines.
The grant of easement herein contained shall also include the right of NSP to have reasonable access
which does not materially interfere with Grantor’s use of the Premises to said Easement Area across the
Premises. The grant of easement herein contained shall also include the right of reasonable temporary use by
NSP of Premises adjacent to said Easement Area during construction, repair or replacement of said
transmission lines, for additional construction area. In regard to Parcel 1, this easement also grants a right of
access to NSP across said parcel in order to load and unload transformers and other electrical equipment
onto the railroad located west of, parallel with and adjacent to said parcel.
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Said electric lines and supporting structures from time to time may be reconstructed or relocated on
said Easement Area with changed dimensions and to operate at different voltages provided that any change
in location or structure does not materially interfere with existing or future use of the premises by Grantor for
public transit or transportation purposes, including but not limited to rail transit. Grantee must notify Grantor
before relocating or reconstructing the electric lines and structures to determine that the improvements do not
materially interfere with Grantor’s facilities or rights granted herein.
The grant herein contained shall also include the right of NSP to permit the attachment of wires of
others to the structures supporting said lines, except that such wires shall not materially interfere with
Grantor’s use of the Easement Area.
Grantor reserves the right to dedicate and have or permit to be improved, maintained, and used for
the purposes of streets, curbs and gutters, sewers, water and underground utilities (hereinafter called
"improvements"), the portion of said Easement Area not occupied by the structures supporting NSP's
electric system, provided that said improvements do not impair the structural or electrical integrity of or
ability to maintain said electric system or materially alter the existing ground elevations; and provided
further that all such improvements shall not result in a ground or other clearance of less than the minimum
requirements specified by the National Electrical Safety Code. Grantor, its agents or assigns must submit
plans of improvements or other installations within the Easement Area for review by NSP prior to
installation of the improvements to determine that the improvements do not materially interfere with NSP’s
facilities or rights granted herein.
Grantor reserves to itself, its successors or assigns, the right to enter upon and use the Easement
Area for the purposes of planning, surveying, designing, constructing, installing, operating, maintaining,
repairing, improving, or modifying a system or systems of public transit or transportation, including but not
limited to rail transit, public highways, pedestrian paths, or bike paths, provided that such entrance upon or
use of the easement area does not materially interfere with, obstruct, or impair Grantee’s use of the Easement
Area for the purposes stated herein.
NSP shall pay for all damages to landscaping, roads and driveways, fences, livestock, crops, fields
and other property caused by the construction or maintenance of said lines. Claims on account of such
damages may be referred to NSP's nearest office.
Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above
described premises and has the right to sell and convey an easement in the manner and form herein.
Grantor agrees to execute and deliver to NSP, at NSP's cost without additional compensation, any
additional documents needed to correct the legal description of the Easement Area described herein, so that it
describes the Easement Area within the Premises that was originally intended to be granted herein and which
at a minimum provides conductor clearance meeting the requirements of the National Electrical Safety Code.
Where approval from one beneficiary of this Easement to another is herein required, said approval
shall not be unreasonably withheld. Any party seeking approval from another shall submit its request or
plans to the other in writing. A party receiving such request shall, within thirty days, grant approval of the
request or deny approval by submitting to the other a written explanation for the denial.
Notwithstanding any other provision of this grant of easement, Grantee, and its successors or
assigns may not, without the express written consent of Grantor, its successors or assigns, place, locate, or
erect any towers, structures, poles, cross-arms, cables, wires, guys, supports, counterpoises, fixtures, or
devices on or within thirty (30) feet of the centerline of the Premises. Grantor may condition the express
written consent mentioned above on the allocation of cost for removal, relocation or modification of any
structures placed within thirty (30) feet of the centerline of the Premises, as Grantor, its successors or
assigns determines appropriate.
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This provision does not preclude Grantee, its successors or assigns from installing, replacing or
repairing overhead wires across the Premises, including the portion of the Premises located on or within
thirty (30) feet of the centerline of the Premises. Nothing in this paragraph shall require Grantee, its
successors or assigns to relocate, reconstruct, or remove structures that exist within the Easement Area on
the date this Easement is granted; nor shall this paragraph require Grantee, its successors or assigns to
relocate, reconstruct, or remove any structures that are being relocated pursuant to the County Road D
Realignment Agreement. Grantee, its successors and assigns shall retain the same right to repair,
reconstruct or replace the existing facilities locate on or within thirty (30) feet of the centerline of the
Premises, and the facilities that are being relocated pursuant to the County Road D Realignment
Agreement, as it has under this easement to repair, reconstruct, or replace its facilities that are located
within the Easement Area, but outside thirty (30) feet of the centerline of the Premises.
It is mutually understood and agreed that this instrument covers all the agreements and stipulations
between the parties and that no representation or statements, verbal or written, have been made modifying,
adding to or changing the terms hereof.
This instrument is exempt from the Minnesota Deed Tax.
COUNTY ROAD D REALIGNMENT AGREEMENT
County of Ramsey
This Agreement, dated this ____ day of July, 2005, is between the , a
City of Maplewood
political subdivision in the State of Minnesota (hereinafter “County”), the , a
Northern States Power Company, d/b/a Xcel
Minnesota municipal corporation (hereinafter “City”),
EnergyBNSF Railway Company Minnesota
(hereinafter “Xcel Energy”), (hereinafter “BNSF”),
Commercial Railway Company Ramsey County
(hereinafter “Minnesota Commercial”), and
Regional Rail Authority
, a political subdivision in the State of Minnesota (hereinafter “Regional Rail”).
WHEREAS
, BNSF owns a railroad right-of-way corridor (the Corridor) from a point
approximately fifty feet north of Beam Avenue in the City to the south right-of-way line of Buerkle
Avenue in the City of White Bear Lake, which Corridor BNSF has leased to Minnesota Commercial for
operational purposes, and
WHEREAS,
the City is undertaking a project known as the County Road D Realignment Project,
City Project Number 02-07 (“Project”);
WHEREAS
, the Project will cross the Corridor south of Interstate 694 (I 694);
WHEREAS,
the Project will require the removal of a portion of the existing railroad track located
in the area south of Interstate 694 owned by BNSF and leased by Minnesota Commercial;
WHEREAS,
the portion of the existing railroad track to be removed currently serves only the
electric substation (“Kohlman Lake Substation”) owned by Xcel Energy along the west side of the
railroad south of County Road D. The Kohlman Lake Substation requires rail access for the delivery of
transformer units in the event of a need for the installation of additional transformers or the replacement
of failed transformers;
WHEREAS,
Xcel Energy is willing to abandon its use of the railroad track if an alternative
roadway access can be established for the hauling of transformers and other equipment to the
Kohlman Lake Substation, and if BNSF will grant it permanent easements for the operation of certain of
its transmission facilities;
WHEREAS,
a haul route for the transformers for Xcel Energy was approved by a Joint Powers
Agreement dated June 25, 2004 (“Haul Route”)
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WHEREAS,
Xcel Energy has agreed to utilize this Haul Route and is no longer in need of the
railroad track;
WHEREAS
, BNSF and Minnesota Commercial are willing to convey to the City all of their
rights, title and interest in the easterly twenty-five (25) feet of a portion of the Corridor north of I 694
(“North Trail Property”);
WHEREAS
, the City is willing to purchase from BNSF and Minnesota Commercial the North
Trail Property:
WHEREAS
, once the City has purchased the North Trail Property from BNSF and Minnesota
Commercial, the City and County have agreed to negotiate a separate agreement in good faith for the
sale of the North Trail Property to the County:
WHEREAS,
Regional Rail has stated that it may have an interest in the future purchase of a
portion of the Corridor (“South Corridor”) for the purpose of preserving the Corridor for future public
transit and transportation, including but not limited to rail transit, light rail transit (LRT) and other transit
modes; however, it is not ready to purchase the South Corridor at this time;
WHEREAS
, the City has agreed to purchase the South Corridor to help facilitate the various
actions described in this Agreement, and the City and Regional Rail have agreed to negotiate a
separate agreement in good faith for the possible future sale of the South Corridor to Regional Rail;
WHEREAS,
BNSF is willing to sell the South Corridor to the City, and is willing to grant Xcel
Energy a permanent easement for its electrical transmission lines all on the terms set forth in this
Agreement;
NOW THEREFORE,
the parties agree as follows:
I. SECTION I, RAMSEY COUNTY.
A. Representations and Warranties by the County.
The County represents and
warrants to the parties that:
1. It has all requisite power and authority to execute this Agreement and the
documents identified herein, that its governing body has reviewed this
Agreement and has passed a resolution that authorizes County officials to
execute this Agreement and the related documents on behalf of the County, and
that the officials who did or will execute the Agreement and the related
documents have the power and authority to execute the Agreement, and that the
officials who did or will execute the Agreement and the related documents on
behalf of the County have the authority to bind the County;
2. It will act reasonably and exercise due diligence in the performance of the acts
permitted or required under this Agreement; and
3. It will cooperate with all reasonable requests by the other parties related to this
Agreement, to the extent authorized by law.
B. Obligations of the County in this Agreement.
The County shall perform the following:
1. The County agrees to negotiate in good faith with the City for the purchase of the
North Trail Property. The County shall enter into a separate agreement with the
City detailing the purchase price and terms for this acquisition. The purchase
agreement shall require that the County pay the City the appraised value of up to
a maximum of $3.30 per square foot (estimated square feet to be acquired is
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26,100 square feet = $86,130.00). The purchase agreement shall be entered
into within 60 days of the execution of this Agreement.
The County’s purchase obligation shall be contingent upon the City’s purchase of
the South Corridor from BNSF and Minnesota Commercial pursuant to the terms
of this Agreement; the City’s subsequent grant to the County of a permanent
easement for trail purposes over the South Corridor; and the approval by the
County of any easements granted by BNSF or the City to Xcel.
The County shall reimburse the City for any expenses incurred in obtaining a title
insurance policy, title correction work, environmental testing expenses and any
environmental corrections associated with the City’s purchase of the North Trail
Property from BNSF. If the County and City are unable to reach a mutually
acceptable purchase agreement for the North Trail Property, this agreement shall
terminate as to the County and shall be of no further force or effect.
The County shall not be obligated to purchase the North Trail Property unless
and until it has secured sufficient permanent rights in the South Corridor to
construct a public recreational trail which will connect the North Trail Property to
the existing Bruce Vento Trail which lies south of the South Corridor at its
southern terminus.
2. The County agrees to enter into a separate Cooperative Agreement with the City
to allow the City to construct a public recreational trail, including grading, clearing
& grubbing, bituminous pavement, bridge improvements, and restoration work
from Beam Avenue to Buerkle Road (“Bruce Vento Trail Extension”).
The County shall pay the City from its State grant for development of the Bruce
Vento Trail Extension the actual cost incurred by the City for construction
(including design and engineering) of the improvements, estimated to be
$232,000 based on unit price bids received by the City, subject to the State of
Minnesota extending the grant contract until December 31, 2005. The
Cooperative Agreement shall be executed within 60 days of the execution of this
Agreement.
3. The County agrees to purchase an easement from the City for the portion of the
Bruce Vento Trail Extension located within the South Corridor. The value of the
easement shall be determined through an independent appraisal. The County
shall use its State and Metropolitan Council acquisition grants to purchase this
easement with a total amount not-to-exceed $263,870.00. The closing shall
occur within 30 days of the City’s purchase of the South Corridor from BNSF.
This easement must be reviewed and approved by Regional Rail. If Regional
Rail refuses to approve the easement, the County and City may nevertheless
enter into the easement, but Regional Rail may, in its discretion, terminate its
obligations under this Agreement.
4. The County acknowledges that BNSF shall grant Xcel Energy a permanent
transmission line easement over the North Trail Property and portions of the
South Corridor prior to the sale of the property to the County and that this
easement shall contain a clause that the trail is a permitted use within the
easement area and is subordinate to the transmission lines. A copy of the Xcel
Energy permanent transmission line easement agreement is attached to this
Agreement as Exhibit A.
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5. The County agrees to secure a permit from the Minnesota Department of
Transportation (Mn/DOT) for the construction and maintenance of a portion of the
Bruce Vento Trail Extension over the I-694 BNSF railroad bridge and adjacent
MNDOT road right of way. The permit shall be secured within 60 days of the
execution of this Agreement.
II. SECTION II. REGIONAL RAIL.
A. Representations and Warranties by Regional Rail.
Regional Rail represents and
warrants to the parties that:
1. It has all requisite power and authority to execute this Agreement and the
documents identified herein, that its governing body has reviewed this
Agreement and has passed a resolution that authorizes Regional Rail officials to
execute this Agreement and the related documents on behalf of Regional Rail,
and that the officials who did or will execute the Agreement and the related
documents have the power and authority to execute the Agreement, and that the
officials who did or will execute the Agreement and the related documents on
behalf of Regional Rail have the authority to bind Regional Rail;
2. It will act reasonably and exercise due diligence in the performance of the acts
permitted or required under this Agreement; and
3. It will cooperate with all reasonable requests by the other parties related to this
Agreement, to the extent authorized by law.
B. Obligations of Regional Rail in this Agreement.
Regional Rail shall perform the
following:
1.Regional Rail agrees to negotiate in good faith with the City for the future
acquisition of the South Corridor. Regional Rail shall enter into a separate
agreement with the City detailing the purchase price and terms for this
acquisition. Regional Rail shall purchase the South Corridor from the City before
June 30, 2006, or the City may pursue the sale of the South Corridor to other
parties. Nothing in this Agreement shall obligate Regional Rail to enter into a
purchase agreement for the South Corridor or accept any particular terms or
conditions for such agreement. Any such purchase agreement shall be a free
standing agreement and none of the terms of this Agreement shall be deemed
incorporated into such agreement unless specifically agreed to in the purchase
agreement.
2. Regional Rail agrees that BNSF shall grant Xcel Energy permanent transmission
line easements over the South Corridor prior to the sale of the property to the
City. A copy of the Xcel Energy permanent transmission line easement
agreement is attached to this Agreement as Exhibit A.
III. SECTION III, CITY OF MAPLEWOOD.
A. Representations and Warranties by the City.
The City represents and warrants to the
parties that:
1. It has all requisite power and authority to execute this Agreement and the
documents identified herein, that its governing body has reviewed this
Agreement and has passed a resolution that authorizes City officials to execute
this Agreement and the related documents on behalf of the City, and that the
officials who did or will execute the Agreement and the related documents have
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the power and authority to execute the Agreement, and that the officials who did
or will execute the Agreement and the related documents on behalf of the City
have the authority to bind the City;
2. It will act reasonably and exercise due diligence in the performance of the acts
permitted or required under this Agreement; and
3. It will cooperate with all requests by the other parties related to this Agreement.
B. Obligations of the City in this Agreement.
The City shall perform the following:
1.Enter into a Cooperative Agreement with the County agreeing to construct the
Bruce Vento Trail Extension as described above. The Cooperative Agreement
shall be executed by both parties within 60 days of the execution of this
Agreement. Trail construction shall be completed by the City no later than
November 18, 2005. The County shall pay the City from its State grant for
development of the Bruce Vento Regional Trail Extension the actual cost
incurred by the City for construction (including design and engineering) of the
improvements, estimated to be $232,000 based on unit price bids received by
the City, subject to the State of Minnesota extending the grant contract until
December 31, 2005.
2. Pay $59,000 to BNSF for Xcel Energy easements within the South Corridor and
the North Trail Property as described in the attached Xcel Energy permanent
transmission line easement agreement (Exhibit A). The City agrees that BNSF
shall grant Xcel Energy these permanent transmission line easements over the
South Corridor immediately prior to the sale of the property to the City.
3. The City agrees to enter into a Purchase Agreement with BNSF to purchase the
South Corridor after abandonment of rail service. The South Corridor is legally
described as follows:
.
All that part of the 150-foot wide BNSF Railway Company right-of-way located in
the Northwest Quarter of Section 3, Township 29, Range 22, Ramsey County,
Minnesota which lies northerly of a line drawn perpendicular with the center line
of said Railway right-of-way from a point thereon distant 183.00 feet
northeasterly from the intersection of said center line with the southerly line of
said Northwest Quarter.
and:
All that part of the 150-foot wide BNSF Railway Company right-of-way located in
the South Half of the South Half of Section 34, Township 30, Range 22, Ramsey
County, Minnesota which lies southerly of a line drawn perpendicular with the
easterly right-of-way line of said Railway right-of-way from a point thereon distant
35.00 feet northeasterly from the intersection of said easterly right-of-way line
with the northerly right-of-way line of Trunk Highway 393-694 as described in that
certain Final Certificate and filed in the Office of the Ramsey County Recorder on
November 4, 1966 as Document Number 1687969.
The Purchase Agreement shall require that the City pay BNSF $1,152,370.00 for
the South Corridor. The City shall be responsible for any expenses associated
with obtaining a title insurance policy, title corrections work and any
environmental testing and/or environmental corrections on the property. Closing
shall occur within 30 days of the abandonment of railroad service over the South
Corridor.
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4. The City agrees to enter into a purchase agreement with BNSF and Minnesota
Commercial to purchase their respective rights, title, and interest in the North
Trail Property. The North Trail Property is legally described as follows:
All that part of the easterly 25.00 feet of the 150-foot wide BNSF Railway
Company right-of-way located in the West Half of the Southeast Quarter of
Section 34, Township 30, Range 22, Ramsey County, Minnesota which lies
northerly of a line drawn perpendicular with the easterly line of said Railway right-
of-way from a point thereon distant 35.00 feet northeasterly from the intersection
of said easterly line with the northerly right-of-way line of Trunk Highway 393-694
as described in that certain Final Certificate filed in the Office of the Ramsey
County Recorder on November 4, 1966 as Document Number 1687969, and
which lies southerly of the southerly line of the 66-foot wide right-of-way of
Buerkle Road as described in that certain Perpetual Easement filed in the Office
of the Ramsey County Recorder on December 22, 1982 as Document Number
2164739;
The purchase agreement shall require that the City pay BNSF the appraised
value of $3.30 per square foot (estimated square feet to be acquired is 26,100
square feet = $86,130.00). The purchase agreement shall be entered into within
60 days of the execution of this Agreement.
The City shall be responsible for expenses incurred in obtaining a title insurance
policy, title correction work, environmental testing expenses and any
environmental corrections associated with the purchase of the North Trail
Property from BNSF.
5. Pay costs associated with the relocation of Xcel Energy Power Line 0885 to a
point acceptable to Xcel Energy. The City and Xcel Energy shall execute a
separate agreement detailing the scope and cost for this work.
6. Enter into a Construction and Maintenance Agreement with BNSF and Minnesota
Commercial relating to the construction, operation, and maintenance of County
Road D and the Bruce Vento Trail Extension. The Construction and
Maintenance Agreement shall be executed by the City and BNSF no later than
July 15, 2005. The City shall pay $103,700.00 to BNSF pursuant to the
Construction and Maintenance Agreement.
7. Remove the spur track as a part of the Project as shown on Exhibit B attached to
this Agreement. Removal of existing ties and rails for the spur track shall be
limited to track outside of the existing fence surrounding the Kohlman Lake
Substation. The railroad bridge at existing County Road D shall also be removed
by the City at a time determined by the City. The City shall be responsible for the
costs incurred for these removals. Responsibility for salvaging and/or disposing
of the existing ties and rails within the South Corridor shall be in accordance with
the Construction and Maintenance Agreement.
8. Complete construction of the Project no later than November 30, 2005.
9. Agree to grant an easement to Ramsey County for the construction and
maintenance of the Bruce Vento Trail Extension within the South Corridor. The
cost for the easement shall be determined by an independent appraiser;
however, it shall not exceed a total cost of $263,870.00 and shall be reduced to
reflect the value of any easement acquired by Xcel Energy under the terms of
this Agreement.
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10. Agree to negotiate in good faith with Regional Rail for the future sale of the South
Corridor. The City shall enter into a separate agreement with Regional Rail
detailing the purchase price and terms for this acquisition. The City may pursue
the sale of the South Corridor to other parties if Regional Rail does not complete
the purchase of the South Corridor from the City before June 30, 2006.
IV. SECTION IV, XCEL ENERGY.
A. Representations and Warranties by Xcel Energy.
Xcel Energy represents and
warrants to the parties that:
1. It has all requisite power and authority to execute this Agreement and the
documents previously listed herein, and the officials of Xcel Energy who did or
will execute the same for and on behalf of Xcel Energy have the power and the
authority to do so and to bind Xcel Energy;
2. It will act reasonably and exercise due diligence in the performance of the acts
permitted or required under this Agreement; and
3. It will cooperate with all requests by the other parties related to this Agreement.
B. Obligations of Xcel Energy in this Agreement.
Xcel Energy shall perform the
following:
1. Enter into an Alternative Loading Service Agreement with Minnesota Commercial
within 60 days of the execution of this agreement to reassign rail access rights to
a point north of the South Corridor.
2. Notify Minnesota Commercial and BNSF in writing within 10 days of the
execution of this Agreement that it no longer needs the railroad spur to the
Kohlman Lake Substation site and that it consents to the abandonment of the
railroad service over the South Corridor. This notification must confirm to
Minnesota Commercial and BNSF that the proposed South Corridor limits are
acceptable to Xcel Energy.
3. Enter into a permanent easement agreement with BNSF for its transmission lines
within the South Corridor and the North Trail Property no later than December
31, 2005. The permanent easement agreement is detailed in attached Exhibit A.
The City shall pay BNSF $59,000 in consideration for the granting of these
easements to Xcel Energy. Xcel Energy understands and agrees that these
easements are an accommodation for the Project improvements and do not
establish a precedent for future negotiations with BNSF, Regional Rail or the
County.
4. Agree to grant the City and Ramsey County any necessary rights and permits at
no cost needed for construction, operation and maintenance of the Bruce Vento
Trail Extension.
V. SECTION V, BNSF.
A. Representations and Warranties by BNSF.
BNSF represents and warrants to the
parties that:
1. It has all requisite power and authority to execute this Agreement and the
documents previously listed herein, and the officials of BNSF who did or will
execute the same for and on behalf of BNSF have the power and the authority to
do so and to bind BNSF;
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2. It will act reasonably and exercise due diligence in the performance of the acts
permitted or required under this Agreement; and
3. It will cooperate with all requests by the other parties related to this Agreement.
B. Obligations of BNSF in this Agreement.
BNSF shall perform the following:
1. Agree to the expedited rail line abandonment process, to begin immediately and
to be filed by August 31, 2005.
2. Execute the above-described Construction and Maintenance Agreement with the
City and Minnesota Commercial no later than July 15, 2005. The City shall pay
BNSF $103,700.00 as consideration for the Construction and Maintenance
Agreement.
3. Enter into a Purchase Agreement with the City to sell the South Corridor to the
City for the appraised value of $1,152,370.00. Closing shall be completed no
later than December 31, 2005.
4. Enter into a purchase agreement with the City to sell the North Trail Property.
Closing shall be completed no later than December 31, 2005.
5. Agree to grant transmission line easements within the South Corridor and the
North Trail Property to Xcel Energy as detailed in attached Exhibit A for the total
price of $59,000 to be paid by the City.
6. Notwithstanding anything to the contrary in this Agreement, BNSF’s obligations
to sell the South Corridor and the North Trail Property to the City shall be
interdependent with BNSF’s obligations to grant transmission line easements to
Xcel Energy in respect of the South Corridor and the North Trail Property. The
closing of the sales of the South Corridor and the North Trail Property shall occur
simultaneously with the delivery of said transmission line easements, such that
the transmission line easements shall be granted immediately prior to the sale of
the South Corridor and the North Trail Property to the City. BNSF shall have no
obligation to deliver the transmission line easements to Xcel unless and until the
City shall tender to BNSF the purchase prices for the transmission line
easements, the South Corridor, and the North Trail Property and shall have
evidenced its willingness to accept delivery of the deeds from BNSF for the
South Corridor and the North Trail Property. The delivery of the transmission line
easements by BNSF to Xcel Energy shall be conditional and may be revoked by
BNSF if the City fails or refuses to close the purchases of the South Corridor and
the North Trail Property.
VI. SECTION VI. MINNESOTA COMMERCIAL.
A. Representations and Warranties by Minnesota Commercial.
Minnesota Commercial
represents and warrants to the parties that:
1. It has all requisite power and authority to execute this Agreement and the
documents previously listed herein, and the officials of Minnesota Commercial
who did or will execute the same for and on behalf of Minnesota Commercial
have the power and the authority to do so and to bind Minnesota Commercial;
2. It will act reasonably and exercise due diligence in the performance of the acts
permitted or required under this Agreement; and
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3. It will cooperate with all requests by the other parties related to this Agreement.
B. Obligations of Minnesota Commercial in this Agreement.
Minnesota Commercial
shall perform the following:
1. Agree to the expedited rail line abandonment process, to begin immediately and
be filed no later than August 31, 2005.
2. Execute the above-described Construction and Maintenance Agreement with the
City and BNSF no later than July 15, 2005.
3. Execute in cooperation with the BNSF, a purchase agreement with the City for
the North Trail Property within 30 days of the abandonment of the South
Corridor. Closing shall be completed by December 31, 2005.
4. Execute in cooperation BNSF, a purchase agreement with the City to sell the
South Corridor. The Purchase Agreement shall require that the City pay BNSF
$1,152,370.00 for the South Corridor. Closing shall occur no later than
December 31, 2005.
5. Enter into an Alternative Loading Service Agreement with Xcel Energy within 60
days of the execution of this Agreement to reassign rail access rights to a point
north of the South Corridor.
VII. GENERAL PROVISIONS.
A. Severability.
If any term of this Agreement is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Agreement, which shall continue in full force
and effect.
B. Arbitration.
It is agreed by the parties that any differences, disputes or claims which
arise under and pursuant to this Agreement or as to the performance thereof by the
parties hereto shall be submitted for arbitration to a board of arbitrators consisting of
three (3) persons, one selected by the party interested in the other side of the dispute,
and a third person mutually selected and agreed upon by the first two arbitrators. This
arbitration provision does not extend to any dispute, difference, claim or obligation that
may arise pursuant to any of the agreements referenced herein, including but not limited
to the Xcel Energy Permanent Transmission Line Easement Agreement attached hereto
as Exhibit A.
Any party shall notify the other party in writing, served by U.S. Mail, certified or
registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and
the name and address of the selected arbitrator. The other party shall serve notice of its
selected arbitrator and opposition or other interest in the claim or dispute. The two
arbitrators shall select a third disinterested arbitrator within fifteen (15) days after the
response notice stated above.
Arbitration shall be commenced within forty-five (45) days of the original notice pursuant
to the previous paragraphs hereof, and all proceedings shall be governed by the
Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding
and conclusive with respect to all claims and disputes submitted in such arbitration
proceedings.
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If a party does not respond to an arbitration notice, then the party first serving the
arbitration notice under the previous paragraph shall be entitled by Motion to petition a
court of competent jurisdiction for its order selecting and appointing an arbitrator for said
defaulting party. Any such determination by the Court shall be final, binding and
conclusive as to all parties in interest. Expenses for the arbitration shall be divided
equally among the parties.
C.
Nothing in this agreement shall obligate the County or Regional Rail to acquire any
property from any other party unless and until they are respectively satisfied that any
easements or other rights granted to any other party will not materially impair the use or
uses for which they will acquire the property.
Seconded by Councilmember Juenemann Ayes-Mayor Cardinal,
Councilmembers Juenemann,
Koppen and Monahan-Junek
Nay-Councilmember Rossbach
Councilmember Rossbach expressed his nay vote had no reflection on County Road D but his
opinion is that Ramsey County Regional Rail should be making the purchase, not Maplewood.
6. County Road D Realignment West (Surcharge Contract), Project 02-07–Resolution for
Modification of Existing Construction Contract, Change Orders 2 & 3
a. City Manager Fursman presented the report.
b. Public Works Director Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution directing the modification the
existing construction contract, Change Order No’s. 2 & 3, (Soil, Stabilization Contract-
Frattalone):
RESOLUTION 05-07-114
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
(SOIL STABILIZATION CONTRACT)
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction
of County Road D Realignment East (T.H. 61 to Southlawn Dr.) City Project 02-07, 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 02-07, Change Order Nos. 2 & 3 (Soil Stabilization – Frattalone Contact).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order Nos. 2 & 3 in the amount of $283,787.12. The revised
contract amount is $1,459,419.92.
Seconded by Mayor Cardinal Ayes-All
L. VISITOR PRESENTATIONS
None
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M. COUNCIL PRESENTATIONS
1. The Mayor presented a petition that asks for noise and pollution relief affecting residents
of Roselawn Avenue (35 E to Rice Street) and neighboring streets. Mayor asked staff to
research and place required action on a future agenda.
nd
2. National Night Out-Councilmember Juenemann noted August 2 is National Night Out
and encouraged block parties to contact Mike Graff in the Parks and Recreation
Department or Sergeant Doblar in the police department for city assistance in setting up.
3. Democratic Governance-Councilmember Rossbach asked for a motion from the council
to authorize staff to begin an education process on Democratic Governance.
Councilmember Rossbach moved to bring in a speaker on the pros and cons of democratic
governance.
Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmembers
Nays-Councilmember Koppen, Monahan-
Junek and Rossbach
4. Cable Commission-Mayor Cardinal announced the cable commission meeting has been
st
moved to July 21.
N. ADMINISTRATIVE PRESENTATIONS
th
1. City Manager Fursman announced on Thursday, July 14 the council will be in the
Ramsey County Fair parade and that there will be an Open House at the new Ramsey
County Court House the same evening.
O. ADJOURNMENT
Councilmember Juenemann moved to adjourn the meeting at 12:02 a.m.
Seconded by Councilmember Koppen Ayes-All
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