HomeMy WebLinkAbout09-26-20050
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F.
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, September 26, 2005
Council Chambers, City Hall
Meeting No. 05-20
CALL TO ORDER
PLEDGE OF ALLEGIANCE
Mayor Cardinal asked everyone to recognize those St. Paul residents who are serving the country.
A moment of silence was held for Ramsey County Sheriff's Deputy Joedy Newton who passed
away on Sunday, September 25tH
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the City Council Manager/Workshop-September 12, 2005
Councilmember Juenemann moved to approve the minutes from the August 08, 2005 as
presented.
Seconded by Councilmember Rossbach Ayes -All
2. Minutes from the City Council Meeting -September 12, 2005
Councilmember Koppen moved to approve the minutes from the September 12, 2005 City Council
Meeting as presented.
Seconded by Councilmember Juenemann Ayes -All
3. Minutes from the Special City Council Meeting -September 15, 2005
Councilmember Juenemann moved to approve the minutes from the September 12, 2005 Special
City Council Meeting as presented.
Seconded by Councilmember Koppen Ayes -All
Councilmember Rossbach moved to approve the agenda as amended.
M1. City Clean-up Day
M2. Gladstone Meeting
Seconded by Councilmember Juenemann Ayes -All
APPOINTMENTS/PRESENTATIONS
None
City Council Meeting 09-26-05
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 809,787.75 Checks # 67889 thru # 67945
dated 9/09/05 thru 9/13/05
$ 134,548.81 Disbursements via debits to checking account
dated 9/02/05 thru 9/08/05
$ 89,460.00 Checks # 67946 thru # 67951
dated 9/12/05 thru 9/14/05
$ 380,856.12 Checks # 67952 thru # 68011
dated 9/20/05
$ 319,813.89 Disbursements via debits to checking account
dated 9/09/05 thru 9/15/05
$ 1,734,466.57 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 472,039.52 9/09/05
$ 2,406.75 Payroll Deduction check # 102459 thru # 102461
dated 9/09/05
$ 474,446.27 Total Payroll
$ 2,208,912.84 GRAND TOTAL
2. Jensen Estates Final Plat (Hoyt Avenue, east of McKnight Road)
Approved the final plat for Jensen Estates date-stamped August 22, 2005. This approval is subject
to the county recording the deeds, deed restrictions and covenants required by the city and the
developer meeting all the conditions of the City Engineer.
3. Donation to Police K-9 Program
Accepted the donation from the Washington County Bank for $125 to be used to purchase dog
food for the Police Departments two canines.
City Council Meeting 09-26-05 2
4. Award Contract for 2005-2006 Winter Sand
Approved the quote from Aggregate Industries for the 2005-2006 winter sand requirements, based
on their low quote of $8.42 per ton. An initial purchase of 2,100 tons is recommended with the
option to purchase up to an additional 900 tons, if needed; for a total not to exceed $25,260.00.
5. Hazelwood Street Improvements — City Project 03-39 — Approve Supplemental
Agreement #1
Approved supplemental agreement #1 for Hazelwood Street Improvements, City Project 03-39.
CONTRACTOR;
FEDERAL PROJECT NO.
STATE PROJECT NO.
Forest Lake Contracting
138-112-006
ADDRESS:
LOCATION OF WORK:
1477 Lake Drive
Hazelwood Street between Beam Avenue and County Road D
Forest Lake, MN 55025
Maplewood, MN
GROUP NO.
APPR.
AMOUNT
GROUP NO.
APPR.
AMOUNT
GROUP NO.
APPR.
AMOUNT
DATE ENCUMBERED
ORIGNINAL ENCMUBRANCE:
SA TOTAL $
BY:
$ ENCUMBERED TO DATE:
Individual signing certifies that funds have been encumbered as
required by Minn. Stat. § 16A.15
this Contract is between the State of Minnesota, acting through its Commissioner of Transportation, and Contractor as follows:
WHEREAS: This Contract provides for, among other things, grading, aggregate base, bituminous
pavement, concrete curb and gutter, concrete walk, storm sewer, traffic signal revisions,
and utility Improvements; and
WHEREAS: Poor soils were encountered north of St. John's Boulevard that required additional subgrade
excavation, granular borrow, installation of drain tile, and additional connections to drainage
structures; and
WHEREAS: Boulevard grading and the construction of sidewalks required the removal of portions of
several private irrigation systems, and conduit crossings under the sidewalks were required
to facilitate the reinstallation of those private irrigation systems; and
WHEREAS: A portion of the old St. John's Boulevard was uncovered while grading the east right turn
lane and boulevard which required additional removals of curb and abandoned storm sewer
pipe and flared end section; and
WHEREAS: A last minute change in the storm sewer design required the addition of a larger manhole
instead of the original one that had already been manufactured and delivered to the site;
and
WHEREAS: The engineer determined that a number of additional special traffic control signs were
necessary to clarify access to the adjoining commercial and residential facilities for the
motoring public; and
WHEREAS: The new modular retaining wall block required the application of a concrete stain in order to
match the existing retaining walls at St. John's Hospital; and
WHEREAS: Signal modifications in the contract required the installation of loop wire that was thought to
be in place already; and
City Council Meeting 09-26-05
WHEREAS: The north boulevard required the installation of an irrigation system to promote the
establishment and maintenance of the median trees and plantings; and
WHEREAS: The Project Specifications provided a maximum incentive of $10,000 for early final project
completion which was earned, but no pay item for such incentive was provided; and
WHEREAS: The Engineer has determined that these foregoing items are necessary for the completion
of the project; and
WHEREAS: The Engineer has further determined that these foregoing items constitute Extra Work
under the contract.
NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT:
1. The Contractor will provide subgrade excavation, select granular borrow, connections to existing
drainage structures, removal of concrete curb and gutter, removal of RCP or CMP storm sewer
pipe, and removal of drainage structures in the quantities listed below in the ESTIMATE OF COST.
2. Payment for this work will be at the Contract Unit Prices.
3. The Contractor will provide Construction Signs - Special, Construct Drainage Structure, Design 54",
Supply Drainage Structure, Irrigation System Provision, 4" Perforated Pipe Drain, and Architectural
Surface Finish (Single Color) in the quantities listed below in the ESTIMATE OF COST.
4. Payment for this work will be at the Negotiated Unit Prices listed below in the ESTIMATE OF
COST.
5. The Contractor will provide the Irrigation System, and Install Cables and Conductors in the
quantities listed below in the ESTIMATE OF COST.
6. Payment for this work will be at the Negotiated Lump Sum Price listed below in the ESTIMATE OF
COST.
7. Payment for Early Project Final Completion will be at the Lump Sum Price listed below in the
ESTIMATE OF COST in keeping with the Project Specifications.
8. Contract time will not be revised except as may be provided in Mn/DOT Specification 1806.
9. The Contractor will not make claim of any kind or character whatsoever for any other costs or
expenses that he may have incurred or that may be hereafter incurred in performing the work and
furnishing the materials required by this Agreement.
City Council Meeting 09-26-05
ESTIMATE OF COST
Item No.
Item
Unit
Unit Price
Quantity
Amount
Group
2105.507
SUBGRADE EXCAVATION
CY
$7.00
869
$6,083.00
PART.
2105.522
SELECT GRANULAR BORROW
CY
$10.00
1178
$11,780.00
PART.
2506.602
CONNECT INTO EXISTING DRAINAGE STRUCTURE
EA
$2.00
500
$1,000.00
PART.
2104.501
REMOVE CONCRETE CURB AND GUTTER
LF
$2.20
22
$48.40
PART.
2104.501
REMOVE RCP OR CMP STORM SEWER PIPE
LF
$10.00
56
$560.00
PART.
2104.509
RES OVE DRAINAGE STRUCTURE (CB, MH,CB/MH OR
EA
$2.00
500
$1,000.00
PART.
2563.618
CONSTRUCTION SIGN -SPECIAL
SF
$20.35
94
$1,912.90
NON -
PART.
2506.502
CONSTRUCT DRAINAGE STRUCTURE, DESIGN 54"
MANHOLE W/ R -1678-A CASTING ASSEMBLY & R-
2422-0009 (TYPE C) RADIAL GRATE
EA
$2,375.00
1
$2,375.00
PART.
2506.602
FURNISH DRAINAGE STRUCTURE
EA
$615.00
1
$615.00
NON -
PART.
2502.601
IRRIGATION SYSTEM PROVISION
LF
$7.00
146
$1,022.00
NON -
PART.
2504.601
IRRIGATION SYSTEM
LS
$3,550.00
1
$3,550.00
PART.
2105.507
4" PERF TP PIPE DRAIN
LF
$9.00
140
$1,260.00
PART.
2411.618
ARCHITECTURAL SURFACE FINISH (SINGLE COLOR)
SF
$1.10
830
$913.00
PART.
2565.603
INSTALL CABLES AND CONDUCTORS
LS
$2,346.06
1
$2,346.06
PART.
EARLY PROJECT FINAL COMPLETION INCENTIVE
LS
$10,000.00
1
$10,000.00
PART.
Total of Participating Items
Total of Non -participating Items
$40,915.46
$ 3,549.90
Total for Supplemental Agreement 1
$44,465.36
6. County Road D Realignment Improvements (TH 61 to Hazelwood) — City Project 02-07 —
Approve Purchase Agreement with Xcel Energy and Revision to Option Agreement for Resale of
Property
Approved the following purchase agreement with Xcel Energy in the amount of $285,000 and the
Option Agreement with Countryview Golf for $242,320.00:
TEMPORARY LICENSE AGREEMENT
(Kohiman Lake Substation, Ramsey County, Minnesota)
This TEMPORARY LICENSE AGREEMENT ("License") is made this _ day of August, 2005 by and
between NORTHERN STATES POWER COMPANY, a Minnesota corporation, d/b/a Xcel Energy, with an
address of 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401 ("Licensor") and CITY OF
MAPLEWOOD, Minnesota, a municipal corporation organized under the laws of the State of Minnesota, with an
address of 1830 County Road B East, Maplewood, MN 55109 ("Licensee").
RECITALS
City Council Meeting 09-26-05
A. The Licensor is the fee owner of certain real property described as TRACT A, REGISTERED LAND SURVEY
NO. 262, FILES OF THE REGISTRAR OF TITLES, RAMSEY COUNTY, MINNESOTA (the "Property"), and
desires to protect and preserve the Licensor's utility facilities located thereon and Licensor's current and future
use of said Property.
B. Licensee desires access to and use of a portion of the surface of the Property, which portion of the Property is
more particularly described in Exhibit A attached hereto and made a part hereof (the "Licensed Premises"), and to
have ingress and egress to the Licensed Premises through existing roads, said Licensed Premises to be used by
Licensee for the sole purpose, and for no other purpose, of the reconstruction/realignment of County Road D, City
Project 02-07 (the "Project"), such Project and Licensed Premises being further described and/or shown on said
Exhibit A, and Licensee desires to obtain Licensor's permission therefore.
C. Licensee hereby acknowledges that (i) it intends to proceed with the purchase of the Licensed Premises in
accordance with the terms of a purchase agreement (the "Purchase Agreement") to be entered into by Licensor,
as seller, and Licensee, as purchaser, which Purchase Agreement shall provide, among other things, for a
purchase price of $285,000.00 and a closing date not later than sixty (60) days after the date of this License; and
(ii) the sole purpose of this License is to allow Licensee to begin its use of the Licensed Premises prior to the
closing of its purchase thereof in accordance with the terms of the Purchase Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the agreement by Licensee to use the
Licensed Premises for the purpose of the Project, as stated above, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. Grant of Right of Entry. The Licensor hereby grants to the Licensee and its affiliates, with respect to
such title and interest as the Licensor may have in the Property, and upon the terms and conditions hereinafter
stated, on a revocable, non-exclusive basis, the permission and right to access and use the Licensed Premises
for the Project. Such right of access and use is granted only for the term of this License as set forth below, and
only for the purposes set forth above. If the Licensed Premises shall deviate, in any manner, from Exhibit A, or
the purposes as herein stated shall be changed, the Licensee shall notify Licensor and obtain its approval in
advance for any such changes.
2. Term. The term of this License shall be for a period commencing on the date hereof and ending on the
date which is sixty (60) days thereafter (the "Expiration Date"), unless sooner terminated as herein provided.
Licensee shall be entitled to enter the Licensed Premises on the effective date hereof. Licensee hereby
acknowledges that it is the specific intent of the parties that the term of this License shall expire on the Expiration
Date in the event that the Closing does not occur on or before the Expiration Date, and in such event the
provisions of Paragraph 20 hereof shall become applicable.
This License may be terminated early as follows:
a. Either party may terminate this License for any reason or no reason whatsoever by giving thirty (30)
days prior written notice.
b. Licensor may terminate this License for Licensee's material breach of any of the terms and conditions
of this License, as provided herein, such breach constituting a default by Licensee underthe License;
and
In the event Licensee becomes insolvent, or is declared bankrupt, the Licensor may declare this
License ended, and all rights of the Licensee hereunder shall terminate.
In the event that Licensee acquires title to the Licensed Premises by means of condemnation or a conveyance of
title from Licensor in lieu thereof, this License shall automatically terminate on the date of said acquisition of title
by Licensee.
3. License Fee. As complete and full payment for the rights herein granted and for the term herein
granted to Licensee, Licensee agrees to pay Licensor a total license fee ("License Fee") of $ -None-
City Council Meeting 09-26-05
, the equivalent of which is $ -None- per month, prorated for partial
months, and payable in advance, and without demand, on the first day of each month of Licensee's occupancy of
the Licensed Premises. License Fee payments shall be made to Northern States Power Company, c/o Xcel
Energy, 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401, Attention: Corporate Real Estate, or at
such other address given to Licensee in a notice provided as set forth herein. Should termination, as provided
herein, occur before the end of the term for which the License Fee was paid in advance, and Licensee is not in
default of any of the agreements contained herein, such License Fee shall be prorated, accordingly, with that
portion representing the unused term to be refunded to Licensee.
4. Licensed Interest Only. This License does not convey an interest in real property.
5. Licensor's Reserved Rights. Licensor reserves the right, at any time and from time to time, to
make such use of the Licensed Premises and Property as it may desire, at its sole discretion and for any
purpose, including, but not limited to, the construction, operation or maintenance of its electric power
generation, transmission or distribution and appurtenant facilities, by way of example, but not limited to,
entry/exit gates, roads and railroad transportation, located or to be located on the Licensed Premises and
Property. In the exercise by Licensor of the foregoing rights, Licensor will use its best efforts not to
unreasonably interfere with the Project. However, Licensor shall not in any event be liable for inconvenience,
annoyance, disturbance or other damage to Licensee, or the Project, by reason of the exercise of the foregoing
rights or any other rights of Licensor to enter into or use the Licensed Premises, and the obligations of
Licensee under this License shall not be affected in any manner.
6. Removal and Relocation. The Licensee shall remove at its own expense, the Project from the
Licensed Premises or any part thereof, or relocate the same to a different location on the Property as requested
by the Licensor, if the Project should interfere, in the Licensor's sole and absolute discretion, with the operation
and maintenance of the Licensor's facilities as now or hereafter constructed. In the event that the Licensee's use
of the Licensed Premises should, in the reasonable judgment of the Licensor, constitute a hazard to the
Licensor's facilities or the general public, the Licensor may require immediate removal, relocation, or modification
of the Project and Licensed Premises to eliminate such interference or hazard, and may suspend the Licensee's
right to use the Licensed Premises under this License until such removal, relocation, or modification is completed.
7. Non-exclusive License. This License is issued subject to any prior licenses, easements, leases or
other such rights granted by the Licensor for improvements of other parties. The Licensor reserves the right to
license others to install improvements in, on, under, or along the Property provided that same shall not interfere
unreasonably with the Project herein authorized.
8. Blasting. The Licensee shall not do or permit to be done any blasting above, underneath, or near
facilities on the Property without first having received priorwritten permission from the Licensor. Any blasting shall
be done in the presence of a representative of the Licensor and in accordance with directions such representative
may give for the protection or safety of the facilities located on the Property.
9. Construction Approval and Notification. The Licensee agrees that it shall not begin any
construction on the Licensed Premises for the Project until the Licensee first provides the Licensor with plans
and specifications, and until such plans and specifications have been approved by the Licensor, which approval
will not be unreasonably withheld. The Licensee shall contact Gopher State One Call (651-454-0002) at least two
working days prior to the commencement of construction on the Licensed Premises to arrange for field locating of
utility facilities. Further, if the Licensor has constructed electric transmission facilities on the Property, the
Licensee shall contact the Licensor's Electric Transmission Lines department at 612-330-5890 at least four
working days prior to the commencement of construction on the Licensed Premises, and unless waived by said
department, no construction shall be performed unless a representative of the Licensor is present at the time and
place of construction. The instructions of such representative relating to the safety of the Licensor's facilities will
be followed by the Licensee, its agents and employees. Any damage to facilities on the Licensed Premises or
Property as a result of the above construction shall be paid for or repaired at the expense of the Licensee. These
provisions shall also apply to any other work involving construction, maintenance, operation, repair, inspection,
removal, replacement, or relocation of the Project on the Property.
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10. Licensor's Natural Gas Advisory. The Licensee agrees and understands that if the Licensor
has constructed natural gas gathering, storage, transmission, distribution, or related facilities on the Property,
the Licensee has been fully advised by the Licensor that such natural gas facilities may now transport and
may continue to transport natural gas at significant pressures. The Licensee shall advise all of its employees,
agents, contractors, and other persons who enter upon the Licensed Premises and the Property, pursuant to
the provisions of this License, of the existence and nature of such natural gas facilities and the danger and
risk involved.
11. Licensor's Cathodic Protection System. The Licensee has been fully advised by the Licensor that
the natural gas facilities of the Licensor, if located on the Property, may be subject to cathodic protection by
rectifier and related anode beds. The Licensor shall not be liable for stray current or interfering signals induced in
the Project and the Licensed Premises as a result of the operating of the Licensor's cathodic protection system.
12. Licensor's Electric Power Advisory. The Licensee agrees and understands that if the Licensor has
constructed electric power generation, transmission, distribution, or related facilities on the Property, the Licensee
has been fully advised by the Licensor that such electric facilities may now transmit and may continue to transmit
electric current at significant voltages, and that the conductors on electric lines may not be insulated. The
Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Licensed
Premises and the Property, pursuant to the provisions of this License, of the existence and nature of such electric
facilities and the potential danger and risk involved.
13. Licensee to Indemnify.
(a) (i) As used in this License, the term "Claims" means (1) losses, liabilities, and expenses of
any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but
not limited to, investigation, removal, remedial, and restoration costs, and consultant and other
fees and expenses; and (4) any and all other costs or expenses.
(ii) As used in this License, the term "Injury" means (1) death, personal injury, or property
damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health
effect; and (4) any consequential or other damages.
(b) To the extent permitted by law, the Licensee covenants and agrees to at all times protect,
indemnify, hold harmless, and defend the Licensor, its directors, officers, agents, employees, successors,
assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged to
arise from, or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or
related to (1) this License; (2) the construction, existence, maintenance, operation, repair, inspection,
removal, replacement, or relocation of the electric power generation, transmission, ordistribution; natural
gas gathering, storage, transmission, ordistribution; or any other utility facilities located on the Property;
or (3) the Licensee's or any other person's presence at the Property as a result of or related to this
License.
(c) The Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to
any and all Claims and Injury, including, but not limited to:
(i) Claims asserted by any person or entity, including, but not limited to, employees of the
Licensee or its contractors, subcontractors, or their employees;
(ii) Claims arising from, or alleged to be arising in any way from, the existence at or near
the Property of (1) electric power generation, transmission, distribution, or related facilities; (2)
electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission, distribution,
or related facilities; (4) asbestos or asbestos containing materials; (5) any Hazardous Materials,
regardless of origin; or
(iii) Claims arising from, or alleged to be arising in any way from, the acts or omissions of
the Licensee, its sublicensees, invitees, agents, or employees.
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14. Insurance. Licensee shall purchase and maintain such insurance as shall protect Licensee and
Licensor from claims which may in any way arise out of or be in any manner connected with the performance of
this License, whether such claims arise out of the act or failure to act of the Licensee, Licensor, or of the direct or
indirect delegee, appointee, or employee of either.
(a) Notwithstanding any provision of this License to the contrary, this insurance shall be as
specified below, and, except for worker's compensation, automobile, and professional liability insurance
policies, all insurance policies shall name Licensor as an additional insured:
(i) Worker's Compensation Statutory, Employer's Liability Limit, in the amount of one
million dollars ($1,000,000);
(ii) Commercial General Liability Insurance, occurrence form, providing bodily injury,
personal injury, and property damage liability coverage with combined single limits of not less than
five million dollars ($5,000,000);
(iii) Comprehensive Automobile Liability with combined single limits of not less than one
million dollars ($1,000,000);
(iv) The policies described herein shall be endorsed to show that the insurers waive
subrogation against Licensor, its directors, officers, and employees.
(b) Certificates of Insurance acceptable to Licensor shall be filed with Licensor prior to
commencement of the construction of the Project and use of the Licensed Premises. These certificates
shall contain a provision that coverages afforded under the policies shall not be canceled until thirty (30)
days prior written notice has been given Licensor. Notwithstanding the foregoing, Licensee has a
continuing obligation to provide the insurance coverage described herein and none of the insurance
required herein shall be canceled, changed, or allowed to lapse.
(c) Insurance specified herein shall be minimum requirements and Licensee is responsible for
providing any additional insurance deemed necessary to protect Licensee's interests from other hazards
or claims in excess of the minimum coverage. The liability of Licensee is not limited to available insurance
coverage.
15. Licensor's Activities. The Licensor shall use care not to damage the Project in the construction,
maintenance, operation, repair, inspection, removal, replacement, or relocation of its facilities located on the
Property, and shall give reasonable notice to the Licensee of any of its activities in the immediate vicinity of the
Project.
16. Distance and Height Requirements. The Licensee shall construct and use the Licensed Premises
so as to maintain the maximum distance between the Project and the Licensor's electric and/or natural gas
facilities, or other facilities located on the Property, allowable by the width and terrain of the Property. If the Project
crosses over or under the Licensor's electric and/or natural gas facilities, the crossing shall be as directed by the
Licensor. Notwithstanding the foregoing, minimum vertical and horizontal separations, as directed by the
Licensor, shall be maintained on all crossings and parallel encroachments.
17. Restoration Following Construction. After construction of the Project and thereafter, in the event
of resettling, the Licensee shall restore the surface of the Licensed Premises by grading and compacting any
irregularities, reseeding, and/or revegetation as required to restore original conditions.
18. Reimbursement by Licensee. The Licensee shall reimburse the Licensorfor all costs involved for
replacing and resetting any section corners, quarter corners, ownership monuments, right-of-way markers, and
reference points disturbed or destroyed during Licensee's use of the Licensed Premises.
19. Copy of License. A copy of this License shall be on the Licensed Premises at all times during
construction of the Project.
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20. Termination, Removal and Restoration. Upon any termination of the License as herein provided,
the Licensee shall remove all of the Project from the Licensed Premises within sixty (60) days from the date of
termination, and shall restore the Licensed Premises to the Licensed Premises' condition prior to this License
taking effect by grading and compacting any irregularities, reseeding, and/or revegetation as required by
Licensor. Removal of the Project and restoration of the Licensed Premises shall be performed under the same
terms and conditions as the construction of the Project. If the Licensee should fail to remove the Project and
restore the Licensed Premises within said sixty (60) day period, the Licensor may remove the same and restore
the Licensed Premises at the expense of the Licensee.
21. Workers' Compensation Insurance. The Licensee further agrees to provide, keep in full force and
effect, and require of its contractors or subcontractors, Workers' Compensation insurance pursuant to the laws of
Minnesota on all employees entering upon the Property.
22. Assignment. Licensee shall not assign, sell, delegate, subcontract or otherwise transfer or
encumber in any manner whatsoever, all or any portion of the rights, duties or obligations underthis License. Any
such transfer or encumbrance shall be null and void and shall permit Licensor to terminate this License
immediately without written notice.
23. Other Authority or Rights. The Licensee shall bear the sole obligation of obtaining such other
authority or rights as the Licensee may need in addition to the rights provided in this License for the construction
of the Project and use of the Licensed Premises.
24. Hazardous Materials. Except with the express written permission of the Licensor, the Licensee shall
not bring onto the Property, or permit to be brought onto the Property, any hazardous or toxic substance or
material (including petroleum) regulated by the State of Minnesota, the United States government, or any other
government authority with applicable jurisdiction ("Hazardous Materials"). In the event the Licensee brings
Hazardous Materials onto the Property (with or without permission of the Licensor), the Licensee shall comply with
all applicable laws, ordinances, and regulations of federal, state, and local governmental agencies related to such
Hazardous Materials. The Licensee shall remove such Hazardous Materials from the Property immediately upon
request of the Licensor. The Licensee shall bear all costs related to environmental investigation, cleanup,
removal, or restoration of any water, air, groundwater, natural resources, soil, or land, including, but not limited to,
the Property, incurred as a result of the presence of such Hazardous Materials on the Property, or arising out of
the acts or omissions of the Licensee, its agents, sublessees, invitees, or employees.
25. Notices. Any and all notices, requests, demands and other communications required or permitted to
be given hereunder shall be in writing and shall be deemed to have been duly given (a) when delivered if
delivered personally, (b) three (3) business days after the mailing thereof by first class, postage prepaid,
registered or certified mail if mailed, or (c) one (1) business day after being dispatched by a nationally recognized
overnight delivery service, in any event, addressed to the party's respective addresses set forth below or at such
other address as may be designated in a written notice and given in accordance with this paragraph:
To Licensor:
Northern States Power Company
c/o Xcel Energy Services, Inc.
Attn: Corporate Real Estate
414 Nicollet Mall, Mezzanine
Minneapolis, Minnesota 55401
To Licensee:
City of Maplewood
Attn: Chuck AN
1830 County Road B East
Maplewood, Minnesota 55109
26. Amendment. This License may be amended only by a written Amendment signed by both parties.
27. Relationship of Parties. Nothing in this License shall be interpreted or construed as a partnership or
joint venture between Licensor and Licensee concerning the Project on the Licensed Premises.
28. Governing Law. This License shall be construed in accordance with and governed by the laws of
the State of Minnesota.
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29. Severance. Should any portion of this License be declared invalid and unenforceable, then such
portion shall be deemed to be severed from this License and shall not affect the remainder thereof.
30. Counterpart Execution. This License may be executed in two original counterparts, each of which
shall be deemed an original of this instrument.
31. Additional Provisions:
(a) No Implied Waiver. No assent, express or implied, to any breach of any one or more of the
agreements hereof shall be deemed or taken to be a waiver of any other breach. Any payment by the Licensee,
or acceptance by the Licensor, of a lesser amount than due under this License shall be treated only as a payment
on account and not as a waiver as to the full amount due. Further, failure of the Licensor to timely make demand
of Licensee for any unpaid amounts, as required herein, shall not be deemed a waiver of the Licensee's liability to
pay same.
(b) Default. If any default is made by Licensee in any of the agreements contained herein, it shall be
lawful for the Licensor to declare the term ended, and to enter the Licensed Premises, either with or without legal
process, and to remove the Licensee or any other person occupying the Licensed Premises, using such force as
may be necessary, without being liable for prosecution, orfor damages, and to repossess the Licensed Premises
free and clear of any rights of the Licensee. If, at any time, this License is terminated under this paragraph, the
Licensee agrees to peacefully surrenderthe Licensed Premises to the Licensor immediate upon termination, and
if the Licensee remains in possession of the Licensed Premises, the Licensee shall be deemed guilty of forcible
entry and detainer, and, waiving notice, shall be subject to forcible eviction with or without process of law.
(c) Safety and Maintenance. Licensee agrees to: a) at all times, adhere to Licensor's safety and
security policies as may be provided from time to time by Licensor either verbally or in writing; b) utilize sound dust
control/suppression practices, as approved by Licensor, when using the Licensed Premises and Property under
this License, all at the Licensee's sole expense; c) keep the Licensed Premises in a sightly condition at all times,
all at the Licensee's sole expense; d) keep the entire Licensed Premises free from all rubbish, waste, dirt, debris,
and obstructions of any sort; e) keep the Licensed Premises in a condition as required by law, including by the
ordinances of the city, town or county in which the Licensed Premises are situated; and f) control all noxious
plants and weeds to prevent seeding or spreading by use of mechanical means only.
(d) Not to Record. Licensee shall not record this License and such recordation shall permit
Licensor to terminate this License immediately without written notice.
(e) Non -transferable Right. This License shall not pass with title to Licensee's personal property or
improvements and shall not run with the Licensed Premises.
(f) Utilities. The Licensed Premises are vacant, "as is" and presently without utility services of
any kind. Any such service to the Licensed Premises or the Project shall be at the sole expense of the
Licensee, including, but not limited to permits, licenses, fees and any associated costs of "hook-up," and
must be approved by Licensor in advance. It is expressly agreed that the Licensor will not furnish any
water, whatsoever, for any purpose incidental to the Project.
(g) Protective Bollards. Should anytransmission towers, being a partof Licensor's utility facilities,
exist on the Licensed Premises, Licensee shall install protective bollards to be placed around such existing
tower(s), with a span of no less than 10 -feet between the bollards and the tower(s), as further dictated by
Licensor.
(h) Liens and Encumbrances. Licensee shall keep the Licensed Premises free of all liens and
encumbrances arising out of the Licensee's interest in or activities on the Licensed Premises.
(i) Disclaimer of Warranty. Licensee has conducted its own investigation and inspection of the
Licensed Premises and is familiar with the physical condition of the Licensed Premises and surrounding terrain,
and is fully informed as to the existing conditions and limitations. Licensor makes no representation as to the
suitability of the Licensed Premises for use by Licensee and no such representation, or any other
representations, are made by Licensor or shall be implied by operation of law or otherwise.
City Council Meeting 09-26-05 11
Q) Costs. Licensee shall timely pay all fees, taxes, wages and other charges and expenses in any
manner associated with Licensee's activities under the License.
(k) Compliance with Laws, Rules and Regulations. At its sole cost and expense, Licensee shall
give all necessary notices and obtain all required permits, licenses, authorizations and approvals and shall
comply and ensure that all of its employees, licensees, agents, contractors, subcontractors, invitees, suppliers
and other persons comply with all applicable federal, state and local laws, ordinances, governmental rules and
regulations relative to the Licensed Premises and the Project, including those relating to the preservation of the
public health and safety, employment laws, environmental laws, zoning, ordinances, rules and regulations and
those within the Occupational Safety and Hazard Act (OSHA). Licensee shall be liable for any fines or
assessments levied thereunder against Licensee resulting from its acts or omissions hereunder.
(1) Covenant Not to Sue. Licensee, for itself and its representatives, hereby releases and
covenants not to sue or bring any action (whether legal or not) against Licensor for injury sustained to
Licensee's person and property or the person and property of Licensee, its employees, licensees, agents,
contractors, invitees and other persons due to or in anywise growing out of or connected directly or indirectly
with (a) the Project and associated activities on the Licensed Premises; (b) his, her or their presence in and
about the Licensed Premises and the Property as a result of or related to this License; (c) the existing condition
of the Licensed Premises; (d) Licensor's actions reasonably necessary to protect its Property and facilities
during emergency conditions; (e) Licensor's right to suspend Licensee's work as provided herein; and (f)
Licensor's exercise of its rights hereunder. Subject and subordinate to the provisions of Paragraphs 13 and 14
hereof, none of the above should be construed to relieve Licensor of its responsibility for negligent acts and
omissions or intentional torts of its employees, agents, contractors, invitees or licensees (exclusive of
Licensee) occurring during the term of this License.
(m) Licensee's Sole Risk and Expense. Licensee agrees that use of the Project by the
Licensee hereunder, or its employees, agents, contractors and other persons, shall be at the sole risk and
expense of Licensee.
(n) Security. Licensee, at its sole cost and expense, shall provide all security necessary pursuant to
this License, including that necessary for: 1) Licensee's vehicles, improvements, equipment, supplies and
facilities, and Licensor shall have no liability for any injury, loss or damage arising out of Licensee's failure to
properly provide such security; and 2) protection of Licensor's facilities on the Property, as requested by Licensor.
(o) Condemnation. In the event of a condemnation or other taking of all or any portion of the
Property by any governmental agency or other party, all proceeds shall be paid to the Licensor hereunder, the
Licensee waiving all right to any such payments.
EXHIBIT A
That portion of TRACT A, REGISTERED LAND SURVEY NO. 262, files of the Registrar of Titles, Ramsey
County, Minnesota, described as follows:
A strip of land 100.00 feet wide, the centerline of said strip being described as follows: Commencing at the
Northeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22;
thence on an assumed bearing of North 89 degrees 44 minutes 58 seconds East along the north line of the
Northeast Quarter of said Section 3, for 535.77 feet; thence southwesterly along a non-tangential curve for
908.99 feet, concave to the southeast, radius 850.00 feet, central angle 61 degrees 16 minutes 20 seconds,
the chord of the said curve bears South 59 degrees 06 minutes 48 seconds West to the beginning of the line to
be described; thence South 28 degrees 28 minutes 38 seconds West for 1007.59 feet to a point of curvature;
thence southwesterly along a tangential curve for 495.09 feet, concave to the northwest, radius 460.00 feet,
central angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25 seconds West for
200.00 feet and said centerline there terminating. The sidelines of said strip are to be prolonged or shortened
to terminate along the easterly and southerly lines of Tract A of Registered Land Survey No. 262.
Together with all that part of the above-described Tract A which lies northerly and northwesterly of the above-
described strip of land and which lies southerly and southeasterly of a line drawn parallel and concentric with
and distant 40.00 feet northerly and northwesterly from the northerly and northwesterly line of the above-
described strip of land. The sidelines of said part of Tract A are to be prolonged or shortened to terminate on
City Council Meeting 09-26-05 12
the easterly, westerly and southerly lines of said Tract A. (NOTE: As to that part of the said Tract A which is
described in this paragraph, the Purchase Agreement shall provide for the acquisition by Licensee of only a
temporary construction easement for construction purposes over said parcel, not fee title thereto.)
Together with all that part of the above-described Tract A which lies southerly and southeasterly of a line drawn
parallel and concentric with and distant 50.00 feet southerly and southeasterly from the following described line
and its extensions: Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter of
Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees 44 minutes 58
seconds East along the north line of the Northeast Quarter of said Section 3, for 535.77 feet; thence
southwesterly for 908.99 feet along a non-tangential curve, concave to the southeast, radius 850.00 feet,
central angle 61 degrees 16 minutes 20 seconds, the chord of the said curve bears South 59 degrees 06
minutes 48 seconds West to the beginning of the line to be described; thence South 28 degrees 28 minutes 38
seconds West for 1007.59 feet to a point of curvature; thence southwesterly for 495.09 feet along a tangential
curve, concave to the northwest, radius 460.00 feet, central angle 61 degrees 39 minutes 58 seconds; thence
North 89 degrees 51 minutes 25 seconds West for 200.00 feet and said line there terminating.
MEMORANDUM OF OPTION
THIS MEMORANDUM OF OPTION, made and entered into this day of ,
2005, by and between Country View Golf Center, Inc., a Minnesota corporation ("Purchaser") and the City of
Maplewood, a Minnesota municipal corporation ("City").
WHEREAS, the City has acquired a parcel adjacent to the Purchaser's parcel;
WHEREAS, afterthe Cityfinishes constructing the right-of-wayon the parcel, there will remain excess
property;
WHEREAS, the City has determined the amount of excess property that will be available after the
construction of the right-of-way;
WHEREAS, the Purchaser is interested in purchasing this excess property from the City; and
NOW THEREFORE, in consideration of a payment of $1.00 by Purchaser to City, the City agrees to
grant to Purchaser an option to purchase that parcel identified as the Xcel Energy parcel as set forth and
identified in attached Exhibit A and made a part hereof ("Xcel Energy Parcel"). The City hereby grants to
Purchaser the option to purchase the Xcel Energy Parcel at a purchase price of two hundred and forty two
thousand, three hundred and twentydollars ($242,320.00). The Xcel Energy Parcel shall be sold bythe Cityto
Purchaser "as is." This Option shall commence on the date of execution of this Memorandum and expire on
August 31, 2006. In the event that the Purchaser sells its adjoining property, before the Xcel Energy Parcel
has been conveyed to it or a third party purchaser, then this Option may be assigned by Purchaser and this
Option shall run with the Xcel Energy Parcel and burden the Xcel Energy Parcel. This right shall continue to
run with the Purchaser's property and shall be binding on and to the benefit of all successors and assigns of
the Property. Upon the expiration of this Memorandum of Option, the Purchaser understands and agrees that
it has no rights or interest in the Xcel Energy Parcel.
This Memorandum of Option represents the entire understanding between the City and the Purchaser
and all prior Agreements, either oral or written, with the exception of the parties' Settlement Agreement and
Option, are hereby declared null and void. Any amendment to this Memorandum of Option shall only be
effective upon reduction to writing, with said writing to be executed by both the City and Purchaser.
If any provision of this Memorandum of Option shall be held to be invalid in any court of competent
jurisdiction, the invalidity of such provision shall not affect any other provisions.
IN WITNESS WHEREOF, the City and the Purchaser have caused this Memorandum of Option to be
executed and delivered as of the date first written above.
City Council Meeting 09-26-05 13
7. County Road D Realignment Improvements (TH 61 to Hazelwood) — City Project 02-07 —
Approve Joint Powers Agreement with Ramsey County for Bruce Vento Trail
Improvements
Approved the following Cooperative Agreement with Ramsey County, the Interim Temporary
Recreational Trail Easement and the Permanent Trail Easement:
Agreement between
the County of Ramsey
and the City of Maplewood
RAMSEY COUNTY
COOPERATIVE AGREEMENT WITH
CITY OF MAPLEWOOD
Maplewood: Estimated
Amount Receivable from
Ramsey County for
Preliminary Engineering,
Final Engineering and
Construction: $319,200.00
Re: Preliminary Design, Final Design and Construction of:
Bruce Vento Trail — Beam Avenue to Buerkle Road
Attachment: County Road D Improvements (CP 02-07) Bid Tabulation
THIS AGREEMENT, by and between the City of Maplewood, Minnesota, a municipal corporation,
hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota,
hereinafter referred to as the "County";
WITNESSETH:
WHEREAS, the parties propose to enter into a joint agreement (PW 2004-) to provide for the
preliminary design, final design and construction of the Bruce Vento Trail from Beam Avenue to Buerkle
Road, hereinafter referred to as the "Project"; and
WHEREAS, Ramsey County has received State grant funding to pay for the design and
construction costs for the Project; and
WHEREAS, the City and the County desire to retain the services of a professional engineering
consultant to provide preliminary design, final design and construction phase services for the Project;
WHEREAS, the City and the County desire to award a contract through a public bidding process for
the construction of the Project;
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
The City shall retain the services of a professional engineering consultant to provide the preliminary
design, final design and construction phase services for the Project.
Preliminary and final design plans developed by the City shall be submitted to the County for review and
approval.
The County shall cooperate with the City's consultant in the preparation of the preliminary and final design
plans as may be beneficial to the timely completion of the Project.
The County, without cost to the City or Consultant, will supply for use in the design all available materials
previously prepared for the Project. This shall include plans for other completed segments of the trail
construction and digital mapping in AutoCAD format.
City Council Meeting 09-26-05 14
The City shall administer the contract for consultant engineering services and make payment for all
services rendered. The City shall invoice County for the costs paid to the consultant by the City.
The City shall invoice the County periodically for preliminary and final design services for the Project at a
cost not to exceed $14,800.00. Costs for preliminary and final design services in excess of $14,800.00 will
require an amendment to this agreement.
The City shall award and administer a construction contract for the construction of the Project. The City
shall invoice Ramsey County for the costs paid to the contractor by the City.
The City shall invoice the County periodically for construction costs for the Project at a cost not to exceed
$279,400.00, including removal and disposal of railroad track and ties. Construction costs in excess of
$279,400.00 will require an amendment to this agreement. Construction costs will be paid to the contractor
on a unit price basis using the unit prices shown on the attached bid tabulation.
The City shall invoice the County periodically for construction administration, staking and inspection
services associated with the Project at a cost not to exceed $25,000.00. Costs for construction
administration, staking and inspection services in excess of $25,000.00 will require an amendment to this
agreement.
City and the County agree to indemnify each other and hold each other harmless from any and all claims,
causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to,
interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or
resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused
to fourth parties as a result of the manner in which the City or the County perform or fail to perform duties
imposed on each party by terms of this agreement. Nothing herein shall be deemed a waiver of the
statutory limits of liability on either party.
It is understood and agreed by the parties hereto that this agreement shall not be modified or amended
except in writing duly signed by each of the parties.
This agreement shall remain in full force and effect until terminated by mutual agreement of the City and
the County.
It is agreed that nothing contained in this Agreement is intended or should be construed as creating the
relationship of agents, partners, joint venturers, or associates between the parties hereto or as constituting
the City or any of its Contractors as employees of the County for any purpose or in any manner
whatsoever. The City and its Contractors are independent contractors and neither they, their employees,
agents, nor representatives are employees of the County. From any amounts due the City, there will be no
deductions for federal income tax or FICA payments, nor for any state income tax, nor for any purposes
which are associated with an employer-employee relationship unless required by law. Payment of federal
income tax, FICA payments, and state income tax are the responsibility of the City.
It is the responsibility of the City to require its contractors to purchase and maintain such insurance as will
protect the County from claims which may arise out of or result from operations of the Contractor under the
terms of this Agreement.
However, the City shall require the Contractor to purchase and maintain the following coverages, if
required, as indicated below:
a. Auto Liability, including hired and non -owned, if Contractor is driving on behalf of the County as
part of Contractor's services under this agreement.
b. Professional Liability/Errors and Omissions, if Contractor is providing architectural, engineering,
legal, or medical services.
c. Workers' Compensation as required by Minnesota Statutes.
Declination of Workers' Compensation Coverage In accordance with Minnesota law,
Contractor is not required to carry Workers' Compensation Insurance and Contractor elects not
to purchase the coverage.
City Council Meeting 09-26-05 15
(Contractor to sign and date if applicable) Date
Until the expiration of six years after the furnishing of services pursuant to this Agreement, the City, upon
written request, shall make available to the County, the State Auditor, or the County's ultimate funding
source, a copy of this Agreement, and the books, documents, records, and accounting procedures and
practices of the City relating to this Agreement.
The City agrees that, in the hiring of all labor for the performance of any work under this Agreement, that it
will not by reason or race, creed, color, gender, sexual preference, marital status, status with regard to
public assistance, age, religion, national origin or disability, discriminate against any person who is a citizen
of the United States and who qualifies and is available to perform the work to which such employment
relates. When required by law or requested by the County, City shall furnish a written affirmative action
plan.
All data collected, created, received, maintained or disseminated for any purposes in the course of City's
performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minn.
Statutes Chapter 13, or any other applicable State statutes, any State rules adopted to implement the Act
and statutes, as well as federal laws and regulations on data practices.
The purchase of services from the City under this Agreement is subject to the availability and provision of
funding from the United States, the State of Minnesota, or other funding sources. The County may
immediately cancel this Agreement, or a portion of the services to be provided under the Agreement, if the
funding for the services is no longer available to the County. Upon receipt of the County's notice of
cancellation of the Agreement, or of a portion of the services to be provided under this Agreement, the City
shall take all actions necessary to discontinue further commitments of funds to the extent they relate to the
Agreement or the portions of this Agreement for which funding has become unavailable.
The City agrees to implement and comply with applicable provisions of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA, Public Law 104-191), as it may be amended from time to time.
This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All
litigation regarding this Agreement shall be venued in the appropriate State or Federal District Court in
Ramsey County, Minnesota.
This Agreement is complete and supersedes all oral agreements and negotiations between the parties as
well as any previous agreements presently in effect between the parties relating to the service identified
herein.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed.
INTERIM TEMPORARY
RECREATIONAL TRAIL EASEMENT
The City of Maplewood, a political subdivision of the State of Minnesota (the City) in consideration
of the sum of One Dollar ($1.00), the mutual promises and covenants herein, and other good and valuable
consideration, does hereby grant, convey, and quitclaim to the County of Ramsey, a political subdivision of
the State of Minnesota (the County) an interim easement (the Interim Easement) for the construction,
operation, use, and maintenance of a public trail or trails over and upon the following illustrated property
located in the County of Ramsey, State of Minnesota, to -wit:
SEE ATTACHED EXHIBIT A
said Interim Easement is subject to vacation and revocation by the City, its successors or assigns, as
provided herein.
City Council Meeting 09-26-05 16
The parties agree and acknowledge that the City has acquired the railroad right-of-way over which the
Interim Easement is granted (the Corridor) with the intent to convey the Corridor to the Ramsey County
Regional Railroad Authority (RCRRA) for the purposes of preserving the Corridor for future transit
purposes, including construction, operation, and maintenance of a Light Rail Transit system (LRT) within
the corridor (the Transitway), and that the Interim Easement will become subordinate to such use and any
trail or trails constructed by the County shall be subject to the following terms:
Any trail or portion of trail constructed within the Interim Easement area shall be subject to
removal to accommodate transit needs. At such time as the RCRRA elects to construct
transit improvements within the Corridor, it may, in its sole discretion, terminate the Interim
Easement upon one (1) year's notice to the County. Upon such notice, the County, at its
expense, shall vacate the Interim Easement and, at its expense, remove any trail or trails
from the Interim Easement.
2. The RCRRA shall have the sole, final and exclusive right to determine when it will construct
a transit system, the nature and kind of transit system to be constructed, the location of the
transit system within the Corridor, and the nature and kind of safety features which will be
required for the trail or trails.
3. The County shall, at the request of the RCRRA, close the trail in whole or in part, during the
construction of transit improvements by the RCRRA.
4. The County shall be responsible for security and maintenance of the Corridor, including but
not limited to keeping the Corridor free of trash, garbage, refuse, noxious weeds, and other
general maintenance. At such time as the RCRRA uses the Corridor for transit purposes, it
shall be responsible for such security and maintenance.
5. This easement shall be freely assignable by the City, and City's assignee shall be bound by
the terms of said easement.
6. Except as otherwise provided herein, this agreement and the rights and obligation of the
parties hereunder may be modified or terminated only by the mutual consent of all parties.
All amendments or modifications shall be in writing and approved by the governing body of
the respective parties to this agreement or their successors and assigns.
7. The County hereby agrees to defend, indemnify and hold RCRRA harmless from and
against any and all claims, proceedings, causes of action, lawsuits, losses, damages,
whether direct, indirect, or otherwise, costs and expenses, including attorney's fees related
to or arising out of the County's use of the Interim Easement area.
The County acknowledges that it does not carry commercial liability insurance for bodily
injury, personal injury, property damage or workers' compensation but has in effect, a
program of self-insurance. It is further acknowledged that the County's liabilities are limited
by the provisions of MN Statute, Chapter 466. There is no waiver of the County of any of
the protections set forth therein.
8. The County shall not transfer, assign, sell, lease, license, or otherwise convey its interest in
this Interim Easement to any other party without the prior written consent of RCRRA, its
successors or assigns. The granting or withholding of such consent is solely within the
discretion of RCRRA and may be subject to any additional conditions that RCRRA feels
appropriate.
9. The County shall be responsible for paying any taxes, special assessments, or other
charges levied on the property described on Exhibit A during the time that the easement
areas described therein are being used by the County for trail purposes. In the event taxes,
fees, special assessment or other charges are made or levied against the Corridor by an
entity other than the County, the County shall pay one sixth (1/6) of any such tax, fee,
special assessment or other charge; provided, however, that if the County is delinquent in
the payment of its share of such tax, fee, special assessment or other charge, and as a
City Council Meeting 09-26-05 17
result of such delinquency a penalty is assessed or interest accrues, the County shall pay all
such penalty and accrued interest.
10. If the County abandons its use of the Interim Easement for trail purposes, this Interim
Easement and all of the County's rights hereunder shall terminate two (2) years after such
abandonment. Abandonment under this section shall be deemed to have occurred if one or
more of the following events occurs:
a. The County notifies RDRRA in writing and by resolution of its governing body of its intent
to abandon use of the Corridor for trail purposes. In this instance, the County shall
provide to RCRRA a suitable Quit Claim deed, properly executed and in recordable
form, whereby the County relinquishes to RCRRA all rights granted by this Interim
Easement; or
b. The County ceases to maintain the trail in a manner which assures the safety of the
users of the Corridor; or
c. If, in the opinion of RCRRA, the County has abandoned its use of the Corridor for trail
purposes; or
d. Failure by the County to pay its share of any tax, special assessment, fee, or other
charge pursuant to paragraph 11 hereof.
In the event of constructive abandonment pursuant to paragraphs 10(b), 10(c), or 10(d),
RCRRA shall notify the County of its opinion and state with specificity the acts or failures to act
which lead it to believe such abandonment has occurred. The County shall have six (6) months
after such notice to notify RCRRA that it does not intend to abandon the Corridor for trail purposes,
and shall specify the corrective actions it intends to take to remedy the issues identified by RCRRA
in its notice to the County. If the County fails to provide such notice within the six-month period,
abandonment shall be deemed to have occurred on the date RCRRA notified the County of its
opinion that the Corridor has been abandoned.
Upon abandonment, the County shall be responsible for restoring the Corridor and
removing all signs, trail material, fencing, and any other improvements erected in connection with
its use of the Corridor for trail purposes, at its sole cost and at no cost to RCRRA. Provided,
however, that RCRRA may require the County to leave any or all fixtures or improvements on the
Corridor, without cost to RCRRA, which fixtures or improvements shall become the property of
RCRRA upon abandonment.
11. This Interim Easement does not establish a permanent park, recreation area, or wildlife or
waterfowl refuge facility that would become subject to federal law, 49 U.S.C. 303, or any
other Federal, State, or local statute, ordinance or regulation.
12. Any written notices required under this agreement shall be addressed as follows:
RCRRA: Ramsey County Regional Railroad Authority
Ramsey County Government Center West, Suite 665
50 West Kellogg Boulevard
St. Paul, MN 55102
RE:
13. This Interim Easement is non-exclusive and is granted subject to the outstanding rights of
others to occupy the Corridor. The City does not warrant its title to the Corridor.
14. If the RCRRA does not purchase or otherwise acquire the Corridor from the City by June 1,
2006, then the Interim Easement granted herein shall become a permanent easement. The
City and County shall execute whatever documents are necessary to vacate any other
permanent easement for trail purposes granted by the City to the County to the extent such
easement is not needed for trail purposes. The City and County shall thereafter extablish
this Interim Easement as a permanent easement. At such time as this occurs, the County's
City Council Meeting 09-26-05 18
obligations to the RCRRA hereunder shall continue unaffected by such transfer of interest to
the RCRRA.
This easement shall run with the land and inure to the benefit of and be binding upon the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have signed this Easement on the day
and year first above written.
PERMANENT
RECREATIONAL TRAIL EASEMENT
The City of Maplewood, a political subdivision of the State of Minnesota (the City) in consideration
of the sum of One Dollar ($1.00), the mutual promises and covenants herein, and other good and valuable
consideration, does hereby grant, convey, and quitclaim to the County of Ramsey, a political subdivision of
the State of Minnesota (the County) a perpetual easement (the Easement) for the construction, operation,
use, and maintenance of a public trail or trails over and upon the following described property located in
the County of Ramsey, State of Minnesota, to -wit:
SEE ATTACHED EXHIBIT A
The parties agree and acknowledge that the City has acquired railroad right-of-way over which the
Easement is granted (the Corridor) with the intent to convey the Corridor to the Ramsey County Regional
Railroad Authority (RCRRA) for the purposes of preserving the Corridor for future transit purposes,
including construction, operation, and maintenance of a Light Rail Transit system (LRT) within the Corridor
(the Transitway), and that the Easement will become subordinate to such use and any trail or trails
constructed by the County shall be subject to the following terms:
15. The County shall submit all plans for the design and construction of trail or trails to the
RCRRA for approval, which will not be unreasonably withheld.
16. The RCRRA shall have the sole, final and exclusive right to determine when it will construct
a transit system, the nature and kind of transit system to be constructed, the location of the
transit system within the Corridor, excluding the Easement, and the nature and kind of
safety features which will be required for the trail or trails.
17. The County shall, at the request of the RCRRA, close the trail in whole or in part, during the
construction of transit improvements by the RCRRA.
18. The County shall be responsible for security and maintenance of the Corridor, including but
not limited to keeping the Corridor free of trash, garbage, refuse, noxious weeds, and other
general maintenance. At such time as the RCRRA uses the Corridor for transit purposes, it
shall be responsible for such security and maintenance, except for the Easement area,
which will remain the responsibility of the County.
19. This permanent easement shall be freely assignable by the City, and City's assignee shall
be bound by the terms of said easement.
20. Except as otherwise provided herein, this agreement and the rights and obligation of the
parties hereunder may be modified or terminated only by the mutual consent of all parties.
All amendments or modifications shall be in writing and approved by the governing body of
the respective parties to this agreement or their successors and assigns.
21. The County hereby agrees to defend, indemnify and hold RCRRA harmless from and
against any and all claims, proceedings, causes of action, lawsuits, losses, damages,
whether direct, indirect, or otherwise, costs and expenses, including attorney's fees related
to or arising out of the County's use of the Easement area.
City Council Meeting 09-26-05 19
The County acknowledges that it does not carry commercial liability insurance for bodily
injury, personal injury, property damage or workers' compensation but has in effect, a
program of self-insurance. It is further acknowledged that the County's liabilities are limited
by the provisions of MN Statute, Chapter 466. There is no waiver of the County of any of
the protections set forth therein.
22. The County shall not transfer, assign, sell, lease, license, or otherwise convey its interest in
this Easement to any other party without the prior written consent of RCRRA, its successors
or assigns. The granting or withholding of such consent is solely within the discretion of
RCRRA and may be subject to any additional conditions that RCRRA feels appropriate.
23. The County shall be responsible for paying any taxes, special assessments, or other
charges levied on the property described on Exhibit A during the time that the easement
areas described therein are being used by the County for trail purposes. In the event taxes,
fees, special assessment or other charges are made or levied against the Corridor by an
entity other than the County, the County shall pay one sixth (1/6) of any such tax, fee,
special assessment or other charge; provided, however, that if the County is delinquent in
the payment of its share of such tax, fee, special assessment or other charge, and as a
result of such delinquency a penalty is assessed or interest accrues, the County shall pay all
such penalty and accrued interest.
24. Any written notices required under this agreement shall be addressed as follows:
RCRRA: Ramsey County Regional Railroad Authority
Ramsey County Government Center West, Suite 665
50 West Kellogg Boulevard
St. Paul, MN 55102
RE:
25. This Easement is non-exclusive and is granted subject to the outstanding rights of others to
occupy the Corridor. The City does not warrant its title to the Corridor.
26. If the RCRRA does not purchase or otherwise acquire the Corridor from the City by June 1,
2006, then the Interim Easement granted herein shall become a permanent easement. The
City and County shall execute whatever documents are necessary to vacate the easement
shown on Exhibit A and establish the Interim Easement as a permanent easement. At such
time as this occurs, the County's obligations to the RCRRA hereunder shall lapse and be of
no further force or effect. If the RCRRA acquires the City's interest in the permanent and
Interim Easement areas on or before June 1, 2006, then the County's obligations to the
RCRRA hereunder shall continue unaffected by such transfer of interest to the RCRRA.
This easement shall run with the land and inure to the benefit of and be binding upon the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have signed this Easement on the day and
year first above written.
8. Lift Station #18 Rehabilitation Project — City Project 05-29 — Authorize Project for 2006
Program
Authorized the City Engineer to begin the Lift Station #18 Rehabilitation Project and directed the
Finance Director to transfer $50,000 form the Sanitary Sewer Fund to a capital project fund for the
purpose of implementing this project.
9. Second Reading — Ordinance Change Fee Waivers
Adopted the second reading of the following Ordinance 865 amendment regarding Fee Waivers:
City Council Meeting 09-26-05 20
The city code currently reads:
Sec. 2-7. Waiver of license or permit fee for city events.
The city council may waive any requirements for payment of a license fee or permit fee for any city -
sponsored event.
Staff is requesting that the current code be amended to permit administrative approval on these
types of fee waivers. Any fee waiver that requests intoxicating liquor would continue to be
brought to council for approval.
Sec. 2-7. Waiver of license or permit fee for city events.
The city oe04 manager or his designee may waive any requirements for payment of a license
fee or permit fee for local organizations, non -profits and city -sponsored events.
Councilmember Juenemann moved to approve consent agenda items 1-9.
Seconded by Councilmember Koppen Ayes -All
H. PUBLIC HEARINGS
Lif7i2
AWARD OF BIDS
Award of Bid —Ambulance
a. City Manager Fursman presented the report.
b. Fire Chief Lukin presented specifics from the report.
Councilmember Juenemann moved to award the bid of $106.780 to Road Rescue for a new
ambulance for the Fire Department.
Seconded by Councilmember Koppen Ayes -All
J. UNFINISHED BUSINESS
None
K. NEW BUSINESS
Khushvinder Singh — Off -Sale Intoxicating Liquor License — A-1 Liquor Store
City Clerk Guilfoile informed council that Mr. Singh withdrew his request for an intoxicating
liquor license.
2. K and W Roll -offs (1055 Glervais Avenue)
a. Conditional Use Permit (Outdoor Storage)
b. Conditional Use Permit (Commercial Building within 350 feet of residential district)
C. Design Approval
a. City Manager Fursman presented the report.
b. Assistant City Manager/Community Development Director Coleman presented specifics
from the report.
City Council Meeting 09-26-05 21
C. Commissioner Kaczrowski representing the Planning Commission was present to give a
report.
d. Boardmember Longrie representing the Community Design Review Board was present to
give a report.
d. The applicants Kristopher and Wesley Scherping were present to answer questions from
the council.
e. The following persons were heard:
Tom Geibel (owner of property at 1081 East Highway 36)
Tom Geibel, second appearance
Councilmember Koppen moved to adopt the following resolution approving a conditional use permit
for the outdoor storage of roll -off containers, trailers and associated materials on the property at
1055 Gervais Avenue:
CONDITIONAL USE PERMIT RESOLUTION 05-09-144
WHEREAS, Mr. Kristopher Scherping, representing K and W Roll -offs, applied for a conditional use
permit (CUP) to have an outdoor storage area.
WHEREAS, this permit applies to property at 1055 Gervais Avenue.
WHEREAS, the legal description of the property is:
The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29,
Range 22, Ramsey County, Minnesota. (PIN 09-29-22-24-0038)
WHEREAS, the history of this conditional use permit is as follows:
1. On September 6, 2005, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning commission
gave persons at the hearing a chance to speak and present written statements. The commission
also considered reports and recommendations of the city staff. The planning commission
recommended that the city council approve the conditional use permit.
2. On September 26, 2005, the city council discussed the proposed 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:
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 run-off, vibration, general unsightliness, electrical interference or other
nuisances.
City Council Meeting 09-26-05 22
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:
All construction shall follow the project plans as approved by the city. This shall include
providing a driveway to the gate of the storage yard, subject to the requirements of the fire
marshal.
2. The approved exterior storage is limited to roll -off containers, trailers and vehicles associated
with a roll -off delivery business. All vehicles must be licensed and operable.
3. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque
around the perimeter of the outdoor storage area. The owner shall maintain and repair the
fence so that it remains in good condition and 100 percent opaque.
4. There shall be no noise -making business activity conducted in the property, or made by
vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday and
on Sunday as required by city code.
5. The proposed construction and the outdoor storage on the property must be substantially
started within one year of council approval or the permit shall become null and void. The
council may extend this deadline for one year.
6. The city council shall review this permit in one year.
7. The city council may require more parking spaces should the need arise.
8. The property owner shall keep the site clean of debris and shall cut or remove any noxious
weeds.
9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to
the site. There shall be no truck traffic from this business on Cypress Street.
Seconded by Councilmember Juenemann
Vote carried by majority.
Ayes-Councilmembers Koppen,
Juenemann
Nay — Councilmember Rossbach
Abstain — Mayor Cardinal
Councilmember Koppen moved to adopt the following resolution approving a conditional use permit
for the construction of a 40 by 49 foot storage building within the M-1 (light manufacturing) zoning
district that would be within 350 feet of a residential zonina district (at 1055 Gervais Avenue):
City Council Meeting 09-26-05 23
CONDITIONAL USE PERMIT RESOLUTION 05-09-145
WHEREAS, Mr. Kristopher Scherping, representing K and W Roll -offs, applied for a conditional use
permit (CUP) to construct a commercial building within 350 feet of a residential district.
WHEREAS, this permit applies to property at 1055 Gervais Avenue.
WHEREAS, the legal description of the property is:
The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29,
Range 22, Ramsey County, Minnesota. (PIN 09-29-22-24-0038)
WHEREAS, the history of this conditional use permit is as follows:
1. On September 6, 2005, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning commission
gave persons at the hearing a chance to speak and present written statements. The commission
also considered reports and recommendations of the city staff. The planning commission
recommended that the city council approve the conditional use permit.
2. On September 26, 2005, the city council discussed the proposed 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:
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 run-off, 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:
The approved exterior storage is limited to roll -off containers, trailers and vehicles associated
with a roll -off delivery business. All vehicles must be licensed and operable.
City Council Meeting 09-26-05 24
2. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque
around the perimeter of the outdoor storage area. The owner shall maintain and repair the
fence so that it remains in good condition and 100 percent opaque.
3. There shall be no noise -making business activity conducted in the property, or made by vehicles
entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday and on
Sunday as required by city code.
4. The proposed construction and the outdoor storage on the property must be substantially started
within one year of council approval or the permit shall become null and void. The council may
extend this deadline for one year.
5. The city council shall review this permit in one year.
Seconded by Councilmember Juenemann
Vote carried by majority.
Ayes-Councilmembers Juenemann
and Koppen
Nay—Councilmember Rossbach
Abstain—Mayor Cardinal
Councilmember Koppen moved to approve the plans dated August 15, 2005, for K and W Roll -offs
outdoor storage facility and for a 1,960 -square -foot storage building at 1055 Gervais Avenue. The city
bases this approval on the findings required by the code. The property owner or applicant shall:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2.Complete the following before the city issues a building permit:
a. Have the city engineer approve final construction and engineering plans. These plans shall
include: grading, utility, drainage, erosion control, tree, sidewalk and driveway plans. The plans
shall meet the following conditions and shall also meet all the conditions and changes noted in
Chuck Vermeersch's memo dated August 26, 2005:
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation and contour information for the site.
(b) Include contour information for the land that the construction will disturb.
(c) Show sedimentation basins or ponds as may be required by the watershed board or
by the city engineer. The pond(s) shall have the required storm water capacity.
(d) Show details about the proposed fence including the materials, gate, height and
color.
(3) The tree plan shall:
(a) Be approved by the city engineer.
(b) Include an inventory of all existing large trees on the site and shall show where the
developer will remove, save or replace large trees.
(c) Show the size, species and location of the replacement trees. The coniferous trees
shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian
pine.
City Council Meeting 09-26-05 25
(d) Be consistent with the approved grading and landscape plans and shall show no
tree removal beyond the approved grading and tree limits.
(4) The design of the ponding area and the rainwater garden(s) shall be subject to the
approval of the city engineer. The developer shall be responsible for getting any
needed off-site utility, grading or drainage easements and for recording all necessary
easements.
b. Submit a certificate of survey for all new construction and have the storage building staked by a
registered land surveyor.
c. Submit a revised landscape plan to staff for approval which incorporates the following details:
(1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within
the ponding area.
(2) The addition of trees for screening along the north side of the site.
(3) The developer shall install landscaping in the ponding area to break the appearance of
the deep hole and to promote infiltration. Such landscaping shall be approved by the city
engineer and shall be shown on the project landscape plans.
(4) The manicured or mowed areas from the natural areas. This shall include planting
(instead of sodding) the disturbed areas around the ponding area with native grasses and
native flowering plants. The native grasses and flowering plants shall be those needing
little or no maintenance and shall extend at least four feet from the ordinary high water
mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the
temptation of mowers to encroach into the gardens. Specifically, the developer shall have
the natural areas seeded with an upland mixture and lowland mixtures as appropriate.
(5) In addition to the above, the contractor shall sod all front, side and rear yard areas (except
for mulched and edged planting beds and the area within the ponding area).
(6) Adding at least six more evergreen trees (Black Hills spruce or Austrian pines) along the
north property line of the site. These trees are to be at least eight feet tall, and the
contractor shall plant these trees in staggered rows to provide screening for the houses to
the north.
(7) Shall be approved by the city engineer before site grading and shall be consistent with the
approved grading and landscape plans.
d. Present to staff for approval colored building elevations or building material samples of the wall
panels, standing seam roof, trim, doors, wainscot, and fence slats. These elevations should
clearly show the colors and materials of the proposed storage shed.
e. A revised site plan showing the driveway with a width of at least 20 feet that is paved between
the street and the storage lot. Any gate along this driveway also must open to a 20 -foot width.
The requirement for underground irrigation is waived if the applicants and owners agree to
hand -water all landscaping and that they agree to replace any required landscape material that
dies.
g. If there is to be any additional outdoor lighting, a photometric plan showing that any
freestanding lights would not exceed 25 feet in height, including the base, and the light
illumination from any outdoor light would not exceed .4 foot candles at all property lines.
h. If trash is to be stored outside of the house or the storage building, plans for a trash-dumpster
City Council Meeting 09-26-05 26
enclosure is required. The enclosure must have gates that are 100 percent opaque, and the
materials and colors of the enclosure shall be compatible with those of the metal building.
i. The city approves the limestone parking surface for this business with the conditions that the
owners not wash or clean the roll -off containers on the site and that the operators not store any
organic materials or garbage in the roll -off containers.
A letter of credit or cash escrow for all required exterior improvements. The amount shall be
150 percent of the cost of the work.
Revised building plans for the storage shed that include a concrete floor.
3. Complete the following before occupying the new building or the site:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards and sod all turf areas.
c. Complete all landscaping and tree planting and the rainwater garden(s) (if required).
d. Install an in -ground sprinkler system for all lawn and landscape areas of the site unless the
applicants:
(1)Provide an alternate watering method acceptable to staff to keep the trees and plantings
watered.
(2)Agree to hand -water all landscaping and trees and replace any required landscape material
that dies.
e. The eight -foot -tall chain link fence must:
(1) Have a top rail and have dark green slats around the entire storage yard.
(2) Receive a building permit from the city before installation.
f. Install an eight -foot -high screening fence and additional trees along the north property line of
the site where the vegetation does not adequately screen the new storage shed from the
existing dwellings to the north. These additional materials are to ensure there is at least an
eight -foot -tall, 100 percent opaque screen on these sides of the site. The location, design and
materials of the fence or the additional landscaping shall be subject to city staff approval.
g. Construct a trash dumpster enclosure if there will be any outdoor storage of refuse. The
enclosure must match the building in color and materials and shall have a closeable gate that is
100 percent opaque.
h. The developer or contractor shall:
(1) Complete all grading for the site drainage, complete all public improvements and meet
all city requirements.
(2) Place temporary orange safety fencing and signs at the grading limits.
(3) Remove any debris or junk from the site.
(4) Install all required exterior improvements including the parking and storage lot,
installation of landscaping, installation of fence slats, installation of the ponding area,
etc., before occupying the building.
City Council Meeting 09-26-05 27
i. If the owners want to install any site -security lighting, they must do so as allowed by the city
code. Any light sources, including the lens covering the bulb, shall be concealed or shielded so
not to cause any nuisance to vehicle drivers or to adjacent property owners.
j. The owners shall keep the buildings (including the existing house and garage) painted or
stained and in good repair.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The above -required letter of credit or cash escrow is held by the city for all required exterior
improvements. The owner or contractor shall complete any unfinished landscaping by June 1
of the next year if the building is occupied in the fall or winter, or within six weeks of
occupancy if the building is occupied in the spring or summer.
5. All work shall follow the approved plans. The director of community development may approve
minor changes.
Seconded by Councilmember Juenemann Ayes-Councilmembers Juenemann,
Koppen, Rossbach
Abstain—Mayor Cardinal
3. Maplewood Business Center Conditional Use Permit (CUP) Reconsideration (1616 Gervais
Avenue)
a. City Manager Fursman presented the report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Koppen moved to schedule a public hearing for October 10, 2005 to review the
CUP for the Maplewood Business Center at 1616 Gervais Avenue.
Seconded by Councilmember Juenemann Ayes -All
4. Police Department Restructure
a. City Manager Fursman presented the report.
b. Police Chief Thomalla presented specifics from the report.
Councilmember Koppen moved to approve the creation of two additional sergeant positions and
one additional lieutenant position in the Police Department in an effort to reduce the overtime
budget and have a positive impact on the overall budget.
Seconded by Councilmember Rossbach Ayes -All
5. Gladstone Area Redevelopment Improvements — City Project 04-21 — Approve Resolution
Receiving Alternative Urban Areawide Review (AUAR) and Authorize Distribution for Review
a. City Manager Fursman presented the report.
b. Public Works Director AN presented specifics from the report.
C. Brad Schieb with the Hoisington Koegler Group gave an overview of the AUAR
Councilmember Koppen moved to adopt the following resolution that authorizes distribution of the
AUAR for the Gladstone Redevelopment Area according to the Environmental Quality Board (EQB)
distribution list and establishes a 30 -day comment period:
City Council Meeting 09-26-05 28
CITY OF MAPLEWOOD
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 05-09-146
A RESOLUTION APPROVING DISTRIBUTION FOR PUBLIC COMMENT OF A DRAFT ALTERNATIVE
URBAN AREA -WIDE REVIEW DOCUMENT AND MITIGATION PLAN FOR GLADSTONE AREA
REDEVELOPMENT MASTER PLAN
WHEREAS, on August 8, 2005, the City Council approved resolution #XX -XX, authorizing that an
Alternative Urban Area wide Review ("AUAR") be initiated and completed for the Gladstone Area
Redevelopment Master Plan project; and
WHEREAS, the City of Maplewood has conducted a master planning project for the Gladstone Area
Redevelopment Master Plan that has included a number of public meetings and workshops; and
WHEREAS, the City of Maplewood has prepared a draft AUAR document that evaluates the
cumulative environmental impacts of two alternative development scenarios, one based on the
Comprehensive Plan and one based on a draft of the Gladstone Area Redevelopment Master Plan; and
WHEREAS, EQB guidance calls for a mandatory 30 -day public review and comment period on the draft
AUAR document that commences with publication in the EQB Monitor; and
WHEREAS, the next publication date for the EQB Monitor is October 10th with a public comment
deadline of November 9th.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that
the draft AUAR environmental analysis document for the Gladstone Area Redevelopment Master Plan be
distributed for public comment commencing on October 10 and running to November 9 in accordance with
Minnesota Environmental Quality Board Environmental Review Program procedures.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 26th DAY OF
SEPTEMBER 2005.
Seconded by Councilmember Juenemann Ayes -All
6. Beaver Lake School Drainage, City Project 04-35 — Approve Agreement with School
District 622
a. City Manager Fursman presented the report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to accept the Feasibility Study and approved the agreement with
ISD 622.
Seconded by Councilmember Juenemann Ayes -All
7. Dahl Avenue Street and Utility Improvements for Woodhill Development
a. Resolution Ordering Preparation of Assessment Roll
b. Resolution Ordering Assessment Hearing
a. City Manager Fursman presented the report.
b. City Engineer Ahl presented specifics from the report.
The following persons were heard:
City Council Meeting 09-26-05 29
William Kaysar, 6408 81St Avenue North, Brooklyn Park, representing Evelyn Wallace
David Kaysar (did not provide an address)
Adele English, 2578 Linwood, Maplewood
City Attorney Kelly explained where the court case is at this point.
William Kaysar, second appearance
Councilmember Koppen moved to adopt the following resolutions for the Dahl Avenue Street and
Utility Improvements for Woodhill Development, City Project 05-10: Ordering the Preparation of the
Assessment Roll and Ordering the Assessment Hearing:
RESOLUTION 05-09-147
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the Dahl Avenue Street and Utility
Improvements for Woodhill Development, City Project 05-10.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece or parcel of land abutting on the
streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such
proposed assessment in the city office for inspection.
thereof.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the council
Seconded by Councilmember Rossbach Ayes -All
Councilmember Koppen moved to adopt the resolution ordering the assessment hearing:
RESOLUTION 05-09-148
ORDERING ASSESSMENT HEARING
WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an
assessment roll for the Dahl Avenue Street and Utility Improvements, City Project 05-10, and the said
assessment roll is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall be held on the 24th day of October 2005, at the city hall at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property affected by such
improvement will be given an opportunity to be heard with reference to such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail
notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general nature of
the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and
city engineer and that written or oral objections will be considered.
Seconded by Councilmember Rossbach Ayes -All
8. Council Vacancy
a. City Manager Fursman presented the report.
City Council Meeting 09-26-05 30
L.
M
2
01
b. City Attorney Kelly presented specifics from the report.
Councilmember Koppen moved to direct staff to draft a proposed ordinance regarding special
elections for the October 10, 2005 City Council Meeting.
Seconded by Councilmember Rossbach
Ayes -All
Mayor Cardinal moved to not make a temporary appointment until after the General Election.
Motion died for lack of a second.
VISITOR PRESENTATIONS
Jerry Markie, 1247 Leland Road, Maplewood, was present to express his concerns over the open
council seat due to the resignation of Jackie Monahan-Junek.
COUNCIL PRESENTATIONS
City Clean-up Day is October 15th. Further details are available in the City News and on the city
website.
Gladstone Meeting -City Engineer Ahl announced on September 29th a meeting will be held at the
Maplewood Community Center at 6:30 p.m. to discuss the Gladstone Redevelopment.
ADMINISTRATIVE PRESENTATIONS
City Attorney Kelly requested direction from the council regarding the council appointment process.
Mayor Cardinal moved to adopt the resolution declaring the vacancy of a seat on the City Council
due to the resignation of Councilmember Monahan-Junek.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Rossbach emphasized the importance of advertising the council vacancy in every
way possible to inform the public of the vacancy and to do so in an expeditious fashion.
Councilmember Koppen moved to advertise the vacancy immediately and set a date of October
17th from 5:00 p.m. to 7:00 p.m. to interview applicants for the council appointment. Interviews will
be held in council chambers. Applications will be accepted until 12:00 noon October 14, 2005.
Mayor Cardinal asked for an amendment to the motion stating interviews will be held but no
appointment would be made until after the November 8th election.
Councilmember Koppen denied the amendment to his motion.
Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann, Koppen
and Rossbach
Nay -Mayor Cardinal
Councilmember Koppen announced Councilmember Juenemann will be attending the Gladstone
meeting in his absence.
O. ADJOURNMENT
Councilmember Koppen moved to adjourn at 9:47 p.m.
Seconded by Councilmember Juenemann Ayes -All
City Council Meeting 09-26-05
31
Maplewood Police
Department
Presentation
to the
Maplewood City Council
Proposal to Restructure
Restructure Changes
1. Promote Two Additional Sergeants
Assign Both Positions to Patrol Shifts
2. Promote A New Lieutenant
Supervise Investigative Unit
3. Transfer Investigative Sergeant
Traffic Unit Responsibilities
Funding
$ (9,636) — Two additional Sergeants
(6,000) — One Additional Lieutenant
$(15,636) — Total Cost
$ 22,671 — Estimated Shift Coverage OT Reduction
15,848 —Additional Potential Overtime Reduction
$ 38,519 — Total potential Overtime Reduction
$ 22,883 — Total Potential Savings
$ 38,400— Traffic Unit Revenue
$ 61,283— Budget Impact (+)
1
Background
1990
39 Officers / 11 Supervisory Positions
28.2% Supervisory Percentage
2005
50 Officers / 11 Supervisory Positions
22% Supervisory Percentage
2006
52 Officers / 14 Supervisory Positions
26.9% Supervisory Percentage
Relational Perspective
11 out of 50 22.00% 11'h out of 17
14 out of 50 28.00% V out of 17
11 out of 52 21.15% 151h out of 17
14 out of 52 26.92% 41h out of 17
V in Part 1 Arrests
2nd in Total Arrests
1s' in Part 1 Arrests per Officer
2nd in Total Arrests per Officer
Reasons
Sergeants
it Reduce Overtime
e Better Supervisory Coverage
■ Span of Control
Lieutenant
apromotional Opportunity for Sergeants
&Reduce Stagnation
it,Provide Opportunity to Build Future Leadership
wimprove Overall Structure of Department
2