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HomeMy WebLinkAbout03-28-2005U C. E. MINUTES MAPLEWOOD CITY COUNCIL 7:05 P.M. Monday, March 28, 2005 Council Chambers, City Hall Meeting No. 05-06 CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:05 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the Council/Manager Workshop, March 14, 2005 Councilmember Juenemann moved to approve the minutes from the March 14, 2005 City Council/Manager workshop as presented. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal, Councilmembers, Juenemann, Koppen and Rossbach Abstain-Councilmember Monahan-Junek 2. Minutes from City Council Meeting -March 14, 2005 Councilmember Juenemann moved to approve the minutes from the March 14, 2005 as amended. Seconded by Councilmember Rossbach APPROVAL OF AGENDA M1. Democratic Governance M2. Mayor Inquiries M3. City Cleanup Day N1. April 4, 2005 Meeting N2. Dispatching Ayes -Mayor Cardinal, Councilmembers, Juenemann, Koppen and Rossbach Abstain-Councilmember Monahan-Junek Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Rossbach Ayes -All City Council 03-28-05 F. APPOINTMENTS/PRESENTATIONS 1. Community Design Review Board Appointments a. City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. Councilmember Rossbach moved to appoint the following persons to fill the four vacancies on the Communitv Desian Review Board: 1. John Hlnzman with a term expiring January 1, 2006. 2. Matt Ledvina with a term expiring January 1, 2007. 3. Diana Longrie with a term expiring January 1, 2007. 4. Linda Olson with a term expiring January 1, 2007. Seconded by Councilmember Monahan-Junek Ayes -All 2. Tobacco Free Parks Carolyn Weger, 2200 East Buhl Avenue, North St. Paul, presented the city council with a certificate of appreciation for voting for Tobacco Free Parks 3. Proclamation — Days of Remembrance -Holocaust Mayor Cardinal read a proclamation for the Days of Remembrance for the Holocaust. Mayor Cardinal moved to approve the Proclamation for the Days of Remembrance for the Holocaust. Seconded by Councilmember Rossbach Ayes -All G. CONSENT AGENDA Councilmember Koppen moved to approve consent agenda items 1- 8. Seconded by Councilmember Monahan-Junek Ayes -All Councilmember Juenemann moved to approve consent agenda item 9. Seconded by Councilmember Rossbach Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE: $ 185,836.78 Checks # 66461 thru # 66500 dated 03/15/05 $ 135,867.96 Disbursements via debits to checking account dated 03/04/05 thru 03/10/05 $ 82,572.62 Checks # 66501 thru # 66539 City Council 03-28-05 2 dated 03/22/05 $ 279,501.46 Disbursements via debits to checking account dated 03/11/05 thru 03/17/05 $ 683,778.82 Total Accounts Payable PAYROLL $ 440,792.33 Payroll Checks and Direct Deposits dated 03-11- 05 $ 5,520.38 Payroll Deduction check # 100763 thru # 100768 dated 03-11-05 $ 446,312.71 Total Payroll $ 1,130,091.53 GRAND TOTAL 2. Resolution Clarification — Netnorlin Court Right -of -Way Vacation Adopted the following resolution clarifying the language for the street vacation for Netnorlin Court lying south of the Woodlynn Avenue right-of-way: VACATION RESOLUTION REVISION 05-03-041 Underlined or stricken text represents suggested text to be included or deleted in the revision to the vacation resolution Pursuant to due call and notice thereof, a regular meeting of the City Council of Maplewood, Minnesota, was duly called and held in the Council Chambers in said City on the 25th day of June, 1990, at 7:00 p.m. The following members were present: Gary W. Bastian, Councilmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember Joseph A. Zappa, Councilmember The following members were absent: Norman G. Anderson, Mayor Councilmember Zappa introduced the following resolution and moved its adoption: 90-6-103 WHEREAS, Mack Nettleton initiated proceedings to vacate the public interest in the following - described property: Netnorlin Court south of Woodlynn Avenue right-of-way City Council 03-28-05 3 WHEREAS, the following adjacent properties are affected: Lots, 18, 19, 21, 22, and 23, Netnorlin Addition WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on September 18, 1989. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on January 8, 1990, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. WHEREAS, upon vacation of the above-described street, public interest in the property will accrue to the following -described abutting properties: Lots 18, 19, 21, 22, and 23, Netnorlin Addition NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above-described vacation on the basis of the following finding of fact: 1. When the adjoining properties are replatted, the street right-of-way will not be used as an access to any of the abutting properties, 2. The adjoining property owners have no interest in improving the street, 3. This street segment will not be needed for area traffic circulation of emergency vehicle access. This vacation is subject to the retention of _a 29 by 59 feet city retaining a 25 -foot -long -by -50 -foot -wide drainage and utility easement down the center of the vacated right-of-way adjacent to the Woodlynn Avenue right-of-way and a 50 -foot -wide ingress and egress easement down the center of the vacated right-of-way from Woodlynn Avenue to the south end of the vacated cul-de-sac for the City to have access to maintain the drainage area on Lot 21. Seconded by Acting Mayor Rossbach Ayes—Acting Mayor Rossbach, Councilmembers Juker, Zappa Nays -Council member Bastian The Maplewood City Council adopted the original resolution on June 25, 1990. 3. Conditional Use Permit Review — Emma's Place (2161-2163-2165 Van Dyke Street) Approved the conditional use permit for Emma's Place located at 2161, 2163 and 2165 Van Dyke Street North and review again in the future only if a problem arises or an expansion is proposed. 4. Conditional Use Permit Review — Maplewood Toyota (2873 Highway 61 North) Approved the conditional use permit for Maplewood Toyota at 2873 Highway 61 only if the applicant proposes a change or expansion to the facility or if a problem arises. 5. Temporary Gambling — Temporary Liquor — Church of the Presentation of the Blessed Virgin Mary City Council 03-28-05 Adopted the following resolution for a temporary gambling permit and temporary liquor license for Stephen Klein, on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street, for their annual Spring Festival April 30, 2005 and May 1, 2005: RESOLUTION 05-03-036 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 6. Southwinds Development at Hazelwood Street, City Project 04-31— Approve Revision to Development Contract for Coop Grading, Right of Way Purchase, Assessment Payments and Sale of City Purchased Property with Southwinds of Maplewood, LLC Approved the following Agreement with Southwinds of Maplewood, LLC for Cooperative Grading, Right of Way Purchase, Assessment Payment, and Sale of City Purchase Property as part of Legacy Parkway, City Project 03-26 and Grading at South winds Development, City Project 04-31: This Agreement, dated March , 2005, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City") and Southwind of Maplewood, LLC, a limited liability company in the State of Minnesota ("Southwinds"). WHEREAS, the City and Southwinds have previously entered an agreement for Improvements and Sale of Property; WHEREAS, the parties desire to clarify issues related to said agreement. NOW THEREFORE, the City and Southwinds agree to add the following agreements to said original agreement. 1. Southwinds represents and warrants to the City that: A. It has been provided with all necessary documents by City related to title evidence. B. It agrees to be responsible for all real estate taxes for the subject property sale from City beginning on January 1, 2005. City shall be responsible for all real estate taxes for City property for 2004. City Council 03-28-05 7 C. It agrees to accept the assessments currently levied for City Project 03-26 against the following parcels: a. 3016 Hazelwood - $ 5,663.54 b. Utility assessments b. 3004 Hazelwood - $14,158.85 $150,000.00 C. 3062 Hazelwood - $ 8,495.31 e. Closing expenses d. TOTAL - $28,317.70 ($ 50,000.00) D. Said assessments shall be considered as payment to the City of the terms of this Agreement. E. It agrees to pay to the City the following amounts for improvements constructed by City: a. Water Main b. Water Main C. Water Service d. Water Service e. Sanitary Sewer f. Sanitary Sewer g. Sewer Service h. Sewer Service i. TOTAL DUE $ 6,568.00 (City property side) $ 6,568.00 (Southwinds side) $ 3,000.00 (City side) $ 3,250.00 (Southwinds side) $ 6,568.00 (City side) $ 6,568.00 (Southwinds side) $ 3,000.00 (City side) $ 3,250.00 (Southwinds side) $38,772.00 F. It agrees that the amount due to the City related to the Mass Grading Project shall be reduced from $75,000.00 to $51,700.00 due to actions performed by Southwinds to reduce project costs to City and due to low bid quantities. G. It agrees to pay to the City the amount of $2,150.00 as costs related to closing. City shall be responsible to pay the state deed tax. Southwinds agrees to record the limited warranty deed supplied by City for the sale of the City property and to record said deed and pay all associated fees for recording. H. It agrees that the following shall summarize the closing amounts due by Southwinds to the City consider under all agreements a. Current levied assessments — credit ($ 28,317.70) b. Utility assessments $ 38,772.00 C. Property sale $150,000.00 d. Mass grading project payment $ 51,700.00 e. Closing expenses $ 2,150.00 f. City payment for right of entry ($ 50,000.00) g. TOTAL PAYMENT DUE TO CITY $164,304.30 I. It agrees to revise the requirement for units to include a maximum of five units with a value of at least $209,000 and at least nine units with a value of at least $229,900. The timing for construction of units shall remain unchanged. J. It agrees that all other terms of original agreement remain in full force and effect unless revised herein or by additional agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. National Incident Management System (NIMS) Resolution Adopted the following resolution designating the National Incident Management System (NIMS) as the basis for all incident management in the city of Maplewood: City Council 03-28-05 RESOLUTION 05-03-037 Resolution Designating the National Incident Management System (NIMS) as the Basis for all Incident Management in the CITY OF MAPLEWOOD WHEREAS the President of the United States, in Homeland Security Directive (HSPD)- 5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; WHEREAS the collective input and guidance from all federal, state, local, and tribal security partners has been, and will continue to be vital to the development, effective implementation and utilization of a comprehensive NIMS; WHEREAS it is necessary and desirable that all federal, state, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; WHEREAS, to facilitate the most efficient and effective incident management, it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform planning, training, and exercising standards, comprehensive resource management, and designated incident facilities during emergencies or disasters; WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the county's ability to utilize federal and state funding to enhance local agency readiness, maintain first responder safety, and streamline incident management processes; WHEREAS the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the State and the city of Maplewood, including current emergency management training programs; WHEREAS the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; WHEREAS the Governor of the State of Minnesota by Executive Order 05-02, February 9, 2005, has designated the NIMS as the basis for all incident management in the State of Minnesota; NOW, THEREFORE, the Maplewood City Council does hereby establish the National Incident Management System (NIMS) as the standard for incident management in Maplewood. 8. Wakota Mutual Firemen's Aid Association Fire Service Agreement Moved to approve the signing of the Wakota Mutual Firemen's Aid Association fire Service Agreement for another three years. City Council 03-28-05 9. Transfers to Close Gladstone Project 01-23 Approved a transfer of #3,433.50 to the Park Development Fund from the fund for project 01-23 and authorized the appropriate budget changes. 10. Transfers to Close Eldridge Avenue Project 01-29 Approved a transfer of $4,040 from the sanitary sewer fund to the fund for project 01-29, approved a transfer of $27,850.44 from the fund for project 02-10 to the fund for project 01-29 and authorized the appropriate budget changes. 11. Upgrade to Heating and Cooling System at City Hall Authorized the use of funds to upgrade the heating and cooling system at City Hall. 12. Temporary Impound Lot Contract Moved to enter in to a lease agreement between the City of Maplewood and D.K. Dockendorf, Inc. and March Ashby Trust. H. PUBLIC HEARINGS 7:00 p.m. Tax -Exempt Financing Request - Mounds Park Academy (2051 Larpenteur Avenue) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Monahan-Junek moved to adopt the following resolution approving up to $14 million in tax-exempt revenue financing for Mounds Park Academy at 2051 Larpenteur Avenue: RESOLUTION 05-03-032 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF EDUCATIONAL FACILITIES REVENUE BONDS, TO PROVIDE FUNDS FOR AN EDUCATIONAL FACILITY PROJECT, ON BEHALF OF MOUNDS PARK ACADEMY BE IT RESOLVED by the Maplewood City Council (the "City"), as follows: 1. Authority. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the "Act"), authorized to issue and sell its revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment. 2. Authorization of Project; Documents Presented. Mounds Park Academy, a Minnesota nonprofit corporation (the "Borrower"), has proposed to this Council that the City issue and sell its Variable Rate Demand Educational Facilities Revenue Bonds (Mounds Park Academy Project), Series 2005 in City Council 03-28-05 substantially the form set forth in the hereinafter -mentioned Indenture (the "Bonds"), pursuant to the Act and loan the proceeds thereof to the Borrower, in order to provide financing for the acquisition, construction and equipping of an athletic field house, a two-story classroom addition linking the field house to the upper school, an early childhood (pre -kindergarten) classroom, and new parking and driveway improvements together with the construction of various capital improvements to the existing facilities located at 2025 and 2051 Larpenteur Avenue East in the City (the "Project"). Forms of the following documents relating to the Bonds have been submitted to the City: (a) Loan Agreement (the "Loan Agreement") dated as of May 1, 2005 between the City and the Borrower; and (b) Indenture of Trust (the "Indenture") dated as of May 1, 2005, between the City and U.S. Bank National Association, as trustee (the "Trustee"); and (c) Bond Purchase Agreement (the "Bond Purchase Agreement"), by and between Piper Jaffray & Co., (the "Underwriter"), the Borrower and the City; and (d) Form of the Official Statement, which together with all Appendices thereto and the insertion of the final underwriting details of the Bonds, including the interest rates thereon, and any other changes deemed necessary or desirable, is intended to constitute the final Official Statement (together the "Official Statement"). 3. Findings. It is hereby found, determined and declared that (a) On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision 2 of Section 469.153 of the Act; that the Project furthers the purposes stated in Minnesota Statutes, Section 469.152; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City provide higher educational services for students, to help prevent the movement of talented and educated persons out of the state and to areas within the state where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community. (b) There is no litigation pending or, to the best of its knowledge, threatened against the City relating to the Bonds, the Loan Agreement, the Bond Purchase Agreement or the Indenture or questioning the due organization of the City, or the powers or authority of the City to issue the Bonds and undertake the transactions contemplated hereby. (c) The execution, delivery and performance of the City's obligations under the Bonds, the Indenture, the Bond Purchase Agreement and the Loan Agreement do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) It is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture, underthe provisions of which the City's interest in the Loan Agreementwill be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds. (e) The Loan Agreement provides for payments by, or on behalf of, the Borrower to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, City Council 03-28-05 premium, if any, and interest on the Bonds when due. The Loan Agreement obligates the Borrower to pay for all costs of operation and maintenance of the Project facilities, including adequate insurance, taxes and special assessments. (f) Under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City (other than the interest of the City in the Loan Repayments to be made by the Borrower under the Loan Agreement); and each Bond issued under the Indenture shall recite that such Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. 4. Approval and Execution of Documents. The forms of Loan Agreement, Indenture and Bond Purchase Agreement referred to in paragraph 2, are approved. The Loan Agreement, Indenture and Bond Purchase Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Clerk, or executed or attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof; and then shall be delivered to the Trustee. 5. Approval, Execution and Delivery of Bonds. The City shall proceed forthwith to issue the Bonds, in an aggregate principal amount not to exceed $14,000,000, in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the initial aggregate principal amount of and the maturities of the Bonds, the interest rates thereon, and any provisions for the optional or mandatory redemption thereof shall all be as set forth in the final form of the Indenture to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such maturities exceed 30 years or such rates of interest exceed 10.00% per annum. The Underwriter has agreed, pursuant to the provisions of the Bond Purchase Agreement and subject to the conditions therein set forth, to purchase the Bonds at the purchase price set forth in the final form of the Bond Purchase Agreement, and approval of said purchase prices shall be conclusively evidenced by execution and delivery of the Bond Purchase Agreement by the officers of the City authorized to do so by the provisions of this Resolution. The Mayor, City Clerk and other City officers are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by the Indenture, for authentication, registration and delivery to the Underwriter. As provided in the Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Official Statement. The City hereby approves the form of and consents to the circulation by the Underwriter of the Official Statement in offering the Bonds for sale; provided, however, that the City has not participated in the preparation of the Official Statement or independently verified the information in the Official Statement and takes no responsibility for, and makes no representations or warranties as to, the accuracy or completeness of such information. 7. Bank Documents. The City understands that, in connection with the issuance of the Bonds it is intended that a Letter of Credit and Reimbursement Agreement (the "Reimbursement Agreement"), and a Disbursing Agreement (the "Disbursing Agreement"), both dated as of May 1, 2005, be entered into between the Borrower and U.S. Bank National Association (the "Bank"). 8. Certificates, Additional Agreements, etc. The Mayor, City Clerk and other officers of the City are authorized and directed to prepare and furnish to bond counsel, the Bank and the purchasers of the City Council 03-28-05 10 Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, such additional agreements as may be necessary in connection with the issuance of the Bonds and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Seconded by Councilmember Koppen Ayes -All I. AWARD OF BIDS County Road D Realignment West (Walter Street to TH 61) a. City Manager Fursman presented the report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolution to T.A. Schifsky and Sons, Inc. for the amount of $688,162.93: RESOLUTION 05-03-033 FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky & Sons, Inc., in the amount of $668,162.93 is the lowest responsible bid for the construction of County Road D Realignment West (Walter Street to T.H. 61), City Project 02-08, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded by Councilmember Juenemann Ayes -All J. UNFINISHED BUSINESS 10reM K. NEW BUSINESS Sale of City -Owned Lot (between 2647 and 2659 Brookview Drive) a. City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. The following residents were heard: Corey Sandberg, Representing Kingdom Homes Joseph Korba, 2659 Brookview Drive, spoke and presented the Mayor with a neighborhood petition. Bruce Rinkel, Representing Merit Chevrolet presented the Mayor and council a "reverter" letter of agreement. Councilmember Koppen moved to table this item for further review by the city attorney and staff. City Council 03-28-05 11 Seconded by Councilmember Juenemann Ayes -All A short break was taken. 2. MGM Liquor Warehouse- Off -Sale Intoxicating Liquor License, Change of Owner, and Change of Manager a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. Councilmember Monahan-Junek moved to approve the off -sale liquor license and change of ownership for Howard Remerowski for MGM liquor warehouse located at 2950 White Bear Avenue. Seconded by Councilmember Koppen Ayes -All 3. TH 61 Frontage Road Improvements, City Project 04-25 —Approve Exchange Agreements for Project Improvement and Assessment Waivers with: a. Bloomer Properties (Lexus) b. Kline Volvo C. Kline Nissan a. City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to approve the exchange agreements with Lexus of Maplewood, Kline Volvo, and Kline Nissan for the TH 61 East Frontage Road Improvement Project, City Project 04-25: EXCHANGE AGREEMENT This Agreement, dated March 2005, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City") and Bloomer Properties, LLC, a limited liability company in the State of Minnesota ("Bloomer Properties"). WHEREAS, the City is undertaking a project known as the TH 61 East Frontage Road Improvements, Project Number 04-25; WHEREAS, Bloomer Properties owns property in the Project Area, legally described as: Tract D, Registered Land Survey No. 525, County of Ramsey, State of Minnesota. "Lexus Property;" WHEREAS, Bloomer Properties leases the Lexus Property to an operator which operates its Lexus of Maplewood business on the Lexus Property; WHEREAS, the City is in need of a temporary construction easement over a portion of the Lexus Property for the TH 61 East Frontage Road Improvements, Project Number 04-25, legally described as follows: That part of Tract D lying westerly of the following described line: Commencing at the northwest corner of said Tract D; thence easterly, south 89 degrees, 52 City Council 03-28-05 12 minutes, 48 seconds east, on an assumed bearing, along the north line of said Tract D, a distance of 51.17 feet to the point of beginning of said line; thence south 12 degrees, 24 minutes, 18 seconds west a distance of 313.18 feet to the south line of said Tract D and there terminating. Said temporary easement containing 17,145 square feet (0.394 acres) more or less. "Temporary Construction Easement Property;" WHEREAS, in exchange for a temporary easement over the above-described Temporary Construction Easement Property by Bloomer Properties, the City of Maplewood shall: 1. Construct the TH 61 East Frontage Road Improvements, City Project 04-25 as shown on the attached final construction plans prepared by SEH, Inc. 2. Once the TH 61 East Frontage Road is constructed and the underlying property is vacated by Mn/DOT to the City of Maplewood, the City of Maplewood will convey the property vacated by Mn/DOT to Bloomer Properties and the TH 61 East Frontage Road shall become a private roadway. The City's cost for the vacation of the Mn/DOT property and the subsequent conveyance of the property to Bloomer Properties shall be the responsibility of Bloomer Properties at a cost not to exceed $7,000. The schedule for the vacation of the Mn/DOT property and the subsequent conveyance of the property to Bloomer Properties shall be established by Mn/DOT. 3. Support the installation of additional street lighting along the frontage road if desired by Bloomer Properties. The cost for the preparation of any street lighting design plans and for the installation of the additional street lighting shall be the responsibility of Bloomer Properties. The City reserves the right to review and approve the final design plans for the additional street lighting. NOW THEREFORE, in consideration of the City's construction of the TH 61 East Frontage Road Improvements, CP 04-25: 1. Bloomer Properties agrees to covey a temporary construction easement over the Temporary Construction Easement Property. The temporary easement shall commence on May 1, 2005 and shall automatically terminate on September 1, 2006. Once roadway and utility construction activities begin within the Temporary Construction Easement Property, all work within the Temporary Construction Easement Property shall be completed within 120 calendar days unless unavoidable delays are created by acts of god, labor unrest, material shortages or any delay outside of the control of the City. The City agrees to accept the temporary construction easement over the Temporary Construction Easement Property in its "as is, where is" condition. 2. Bloomer Properties agrees to the closure of their existing driveway access to TH 61 and the establishment of restricted access along the entire TH 61 frontage for the Lexus Property. 3. Bloomer Properties agrees to execute a cross access easement with Kline Volvo and Kline Nissan for the use and maintenance of the frontage road. The preparation of the cross access agreement, and all related costs, shall be the responsibility of Bloomer Properties, Kline Volvo and Kline Nissan. The cross access agreement shall be fully executed and a copy provided to the City by June 3, 2005. All costs associated with the future maintenance of the frontage road shall be shared among Bloomer Properties, Kline Volvo, and Kline Nissan based upon the following percentages: Bloomer Properties - 25%, Kline Volvo - 25%, and Kline Nissan - 50%. 4. Bloomer Properties agrees to waive any claims against the City for loss of business due to loss of access during the construction of the frontage road. 5. Bloomer Properties represents and warrants to the City that: A. Bloomer Properties has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officers of Bloomer Properties who did or will execute the same for and on behalf of Bloomer Properties have the power and the authority City Council 03-28-05 13 to do so and to bind Bloomer Properties. B. Bloomer Properties will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. C. Bloomer Properties hereby agrees that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by the City of its obligations hereunder. The representations contained herein shall survive closing hereunder for a period of one (1) year. Upon the material breach of any representation orwarranty, the City may declare this Agreement to be null and void. D. Bloomer Properties will pay to the City $61,700.00 in assessments for the frontage road improvements for the Lexus Property. Bloomer Properties has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the Lexus Property with the amount to be $61,700.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5%. Bloomer Properties expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). 6. The City's obligation under this Agreement shall be conditioned, for the sole benefit of the City, upon the following: A. Contingent upon review and approval of final terms by the City Council. EXCHANGE AGREEMENT This Agreement, dated March , 2005, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City") and Richard G. Kline and Jennifer S. Kline, husband and wife ("Mr. and Ms. Kline"). WHEREAS, the City is undertaking a project known as the TH 61 East Frontage Road Improvements, Project Number 04-25; WHEREAS, Mr. and Ms. Kline own property in the Project Area, legally described as: That part of Tract A, Registered Land Survey No. 15, lying westerly of Tracts A and B, Registered Land Survey No. 525, County of Ramsey, State of Minnesota. "Nissan Property;" WHEREAS, the City is in need of a portion of the Nissan Property for the new TH 61 East Frontage Road, legally described as follows: (Insert Legal Description) "Right -of -Way Property;" WHEREAS, the City is in need of a temporary construction easement over a portion of the Nissan Property for the TH 61 East Frontage Road Improvements, Project Number 04-25, legally described as follows: That part of the Nissan Property lying northwesterly and northerly of the following described line: City Council 03-28-05 14 Said line commencing at the southeast corner of said Nissan Property; thence westerly, north 89 degrees, 50 minutes, 49 seconds west, on an assumed bearing, along the southerly line of said Nissan Property, a distance of 420.00 feet to the point of beginning of said line; thence north 13 degrees, 00 minutes, 11 seconds east a distance of 100.00 feet; thence north 20 degrees, 43 minutes, 37 seconds east a distance of 318.17 feet; thence north 58 degrees, 58 minutes, 54 seconds east a distance of 120.00 feet; thence north 87 degrees, 37 minutes, 54 seconds east a distance of 101.05 feet to the easterly line of said Nissan Property, and there terminating. Said temporary easement containing 28,847 square feet (0.662 acres) more or less. "Temporary Construction Easement Property;" WHEREAS, in exchange for the grant of fee title for the above-described Right -of -Way Property and a temporary easement over the above-described Temporary Construction Easement Property by Mr. and Ms. Kline, the City of Maplewood shall: 1. Construct the TH 61 East Frontage Road Improvements, City Project 04-25 as shown on the attached final construction plans prepared by SEH, Inc. 2. Once the TH 61 East Frontage Road is constructed and the underlying property is vacated by Mn/DOT to the City of Maplewood, the City of Maplewood will convey the property vacated by Mn/DOT to Mr. and Ms. Kline and the TH 61 East Frontage Road shall become a private roadway. The City's cost for the vacation of the Mn/DOT right-of-way and the subsequent conveyance of the property to Mr. and Ms. Kline shall be the responsibility of Mr. and Ms. Kline at a cost not to exceed $7,000.00. The schedule for the vacation of the right-of-way and the subsequent conveyance of the property to Mr. and Ms. Kline shall be established by Mn/DOT. NOW THEREFORE, in consideration of the City's construction of the TH 61 East Frontage Road Improvements, CP 04-25: 1. Mr. and Ms. Kline agree to covey a temporary construction easement over the Temporary Construction Easement Property. The temporary easement shall commence on May 1, 2005 and shall automatically terminate on September 1, 2006. Once roadway and utility construction activities begin within the Temporary Construction Easement Property, all work within the Temporary Construction Easement Property shall be completed within 120 calendar days unless unavoidable delays are created by acts of god, labor unrest, material shortages, or any delay outside the control of the City. The City agrees to accept the temporary construction easement over the Temporary Construction Easement Property in its "as is, where is" condition. 2. Mr. and Ms. Kline agree to the establishment of restricted access along the entire TH 61 frontage for the Nissan Property with the exception of the area needed for the new east frontage road access. 3. Mr. and Ms. Kline agree to execute a cross access easement with Lexus of Maplewood for the use and maintenance of the frontage road. The preparation of the cross access agreement, and all related costs, shall be the responsibility of Bloomer Properties and Mr. and Ms. Kline. The cross access agreement shall be fully executed and a copy provided to the City by June 3, 2005. All costs associated with the future maintenance of the frontage road shall be shared among Bloomer Properties, Kline Volvo, and Kline Nissan based upon the following percentages: Bloomer Properties - 25%, Kline Volvo - 25%, and Kline Nissan - 50%. 4. Mr. and Ms. Kline agree to waive any claims against the City for the loss of business due to access during the construction of the frontage road. 5. Mr. and Ms. Kline represent and warrant to the City that: A. They have all requisite power and authority to execute this Agreement and the documents previously listed hereof. City Council 03-28-05 15 B. They will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. C. They hereby agree that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by the City of its obligations hereunder. The representations contained herein shall survive closing hereunder for a period of one (1) year. Upon the material breach of any representation or warranty, the City may declare this Agreement to be null and void. D. They will pay to the City $159,900.00 in assessments for the frontage road improvements for the Nissan Property. Mr. and Ms. Kline have been advised of their right to notice and a public hearing and right to appeal concerning the assessments proposed against the Nissan Property with the amount to be $159,900.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5%. Mr. and Ms. Kline expressly agree to waive the notice of hearing, hearing and their right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). 6. The City's obligation under this Agreement shall be conditioned, for the sole benefit of the City, upon the following: A. Contingent upon review and approval of final terms by the City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RICHARD G. & JENNIFER S. KLINE CITY OF MAPLEWOOD EXCHANGE AGREEMENT This Agreement, dated March 2005, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City") and Richard G. Kline and Jennifer S. Kline, husband and wife ("Mr. and Ms. Kline"). WHEREAS, the City is undertaking a project known as the TH 61 East Frontage Road Improvements, Project Number 04-25; WHEREAS, Mr. and Ms. Kline own property in the Project Area, legally described as: Tract C, Registered Land Survey No. 525, County of Ramsey, State of Minnesota. "Volvo Property;" WHEREAS, the City is in need of a portion of the Volvo Property for the new TH 61 East Frontage Road, legally described as follows: (Insert Legal Description) "Right -of -Way Property;" WHEREAS, the City is in need of a temporary construction easement over a portion of the Volvo Property for the TH 61 East Frontage Road Improvements, Project Number 04-25, legally described as follows: That part of Tract C lying westerly of the following described line: City Council 03-28-05 16 Said line commencing at the southwest corner of said Tract C; thence easterly, south 89 degrees, 52 minutes, 48 seconds east, on an assumed bearing, along the south line of said Tract C, a distance of 71.64 feet to the point of beginning of said line; thence north 12 degrees, 24 minutes, 15 seconds east a distance of 339.99 feet to the north line of said Tract C, and there terminating. Said temporary easement containing 29,299.50 square feet (0.673 acres) more or less. "Temporary Construction Easement Property;" WHEREAS, in exchange for the grant of fee title to the above-described Right -of -Way Property and a temporary easement over the above-described Temporary Construction Easement Property by Mr. and Ms. Kline, the City of Maplewood shall: 1. Construct the TH 61 East Frontage Road Improvements, City Project 04-25 as shown on the attached final construction plans prepared by SEH, Inc. 2. Once the TH 61 East Frontage Road is constructed and the underlying property is vacated by Mn/DOT to the City of Maplewood, the City of Maplewood will convey the property vacated by Mn/DOT to Mr. and Ms. Kline and the TH 61 East Frontage Road shall become a private roadway. The City's cost for the vacation of the Mn/DOT right-of-way and the subsequent conveyance of the property to Mr. and Ms. Kline shall be the responsibility of Mr. and Ms. Kline at a cost not to exceed $7,000.00. The schedule for the vacation of the right-of-way and the subsequent conveyance of the property to Mr. and Ms. Kline shall be established by Mn/DOT. 3. Purchase property from the Ramsey Washington Metro Watershed District for the construction of the frontage road, legally described as follows: That part of Tract B, Registered Land Survey No. 525, Ramsey County, Minnesota, lying westerly of the following described line: Said line commencing at the northwest corner of said Tract B, which is adjacent to the easterly right-of-way of Highway 61; thence easterly, south 89 degrees, 50 minutes, 48 seconds east, on an assumed bearing, along the north line of said Tract B, a distance of 59.56 feet to the point of beginning of said line; thence south 12 degrees, 24 minutes, 01 seconds west a distance of 47.61 feet to the south line of said Tract B, and there terminating. Said parcel containing 2,142.1 square feet (0.049 acres) more or less. "RWMWD Property;" The purchase price for this property shall be determined by an independent appraiser 4. Upon the City's purchase of the RWMWD Property, the City shall sell the RWMWD Property to Mr. and Ms. Kline at a cost equal to the City's purchase price for the property. NOW THEREFORE, in consideration of the City's construction of the TH 61 East Frontage Road Improvements, CP 04-25: 1. Mr. and Ms. Kline agree to covey a temporary construction easement over the Temporary Construction Easement Property. The temporary easement shall commence on May 1, 2005 and shall automatically terminate on September 1, 2006. Once roadway and utility construction activities begin within the Temporary Construction Easement Property, all work within the Temporary Construction Easement Property shall be completed within 120 calendar days unless unavoidable delays are created by acts of god, labor unrest, material shortages, or any delay outside the control of the City. The City agrees to accept the temporary construction easement over the Temporary Construction Easement Property in its "as is, where is" condition. 2. Mr. and Ms. Kline agree to the closure of their existing driveway access City Council 03-28-05 17 to TH 61 and the establishment of restricted access along the entire TH 61 frontage for the Volvo Property with the exception of the area needed for the new east frontage road access. 3. Mr. and Ms. Kline agree to execute a cross access easement with Lexus of Maplewood for the use and maintenance of the frontage road. The preparation of the cross access agreement, and all related costs, shall be the responsibility of Bloomer Properties and Mr. and Ms. Kline. The cross access agreement shall be fully executed and a copy provided to the City by June 3, 2005. All costs associated with the future maintenance of the frontage road shall be shared among Bloomer Properties, Kline Volvo, and Kline Nissan based upon the following percentages: Bloomer Properties - 25%, Kline Volvo - 25%, and Kline Nissan - 50%. 4. Mr. and Ms. Kline agree to waive any claims against the City for the loss of business due to access during the construction of the frontage road. 5. Mr. and Ms. Kline represent and warrant to the City that: A. They have all requisite power and authority to execute this Agreement and the documents previously listed hereof. B. They will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. C. They hereby agree that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by the City of its obligations hereunder. The representations contained herein shall survive closing hereunder for a period of one (1) year. Upon the material breach of any representation or warranty, the City may declare this Agreement to be null and void. D. They will pay to the City $84,800.00 in assessments for the frontage road improvements for the Volvo Property. Mr. and Ms. Kline have been advised of their right to notice and a public hearing and right to appeal concerning the assessments proposed against the Volvo Property with the amount to be $84,800.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5%. Mr. and Ms. Kline expressly agree to waive the notice of hearing, hearing and their right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). 6. The City's obligation under this Agreement shall be conditioned, for the sole benefit of the City, upon the following: A. Contingent upon review and approval of final terms by the City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RICHARD G. & JENNIFER S. KLINE CITY OF MAPLEWOOD Seconded by Councilmember Rossbach Ayes -All 4. Municipal State Aid Street System —Approve Resolution Requesting Designation of Ivy Avenue and Ferndale Street as Municipal State Aid Street Routes a. City Manager Fursman presented the staff report. b. Public Works Director Ahl presented specifics from the report. City Council 03-28-05 18 Councilmember Koppen moved to adopt the following resolution approving the request to designate Ivy Avenue and Ferndale Street as Municipal State Aid Street Routes: RESOLUTION 05-03-034 REQUESTING DESIGNATION OF MUNICIPAL STATE AID STREET ROUTES WHEREAS, the City of Maplewood may designate up to 20% of its local streets as Municipal State Aid Streets, and WHEREAS, the City Engineer has reported that 1.33 miles of streets remain available for designation within the City of Maplewood, and WHEREAS, pursuant to Department of Transportation State Aid for Local Transportation Division, State Aid Operations Chapter 8820 Rules, 8820.0700 Selection Criteria, the City Engineer has reported the following regarding Ivy Avenue between Century Avenue and Ferndale Street and regarding Ferndale Street between Maryland Avenue and Ivy Avenue: The justification for designating these routes is as follows: Each route is projected to carry a relatively heavier volume of traffic and is functionally classified as collector streets in the Comprehensive Plan. Each route connects points within the community of traffic interest, parks, and recreational areas within the urban municipality. Each route provides an integrated street system affording a network consistent with projected traffic patterns. The termini of these segments are Maryland Avenue, an MSAS route on the southern end, and, Century Avenue, a trunk highway on the eastern end. Additionally, Ferndale Street is an MSAS route south of Maryland Avenue. Each segment is 0.25 miles in length for a total designation of 0.50 miles. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The designation of Ivy Avenue between Century Avenue and Ferndale Street and Ferndale Street between Maryland Avenue and Ivy Avenue is hereby requested of the District State Aid Engineer for approval. 2. The city engineer is hereby directed to forward a copy of this resolution to the MnDOT District State Aid Engineer requesting his concurrence and requesting he forward said resolution to the Commissioner of Transportation certifying said designation. Seconded by Councilmember Juenemann Ayes -All 5. Hazelwood Street Improvement (Beam Ave. to County Rd. D), Project 03-39 — Resolutions for: a. Approving Plans and Advertising for Bids b. Ordering Preparation of Assessment Roll C. Approving Agreement with Ramsey County for Revisions of Traffic Control Signals a. City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. City Council 03-28-05 19 Councilmember Monahan-Junek moved to adopt the following resolutions for the Hazelwood Street Improvements (Beam Avenue to County Road D), Project 03-39: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll. In Addition, it is recommended that the city council approve the following agreement with Ramsey County for Revisions to Traffic Control Signal and authorized the Mayor and City Manager to sign the agreement: RESOLUTION 05-03-035 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on November 22nd, 2004, plans and specifications for Hazelwood Street Improvements (Beam Ave. to County Rd. D), Project 03-39 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 29th day of April, 2005, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 9th, 2005. RESOLUTION No. 05-03-038 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Hazelwood Street Improvements, (Beam Ave. to County Rd. D), Project 03-39. 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 City Council 03-28-05 20 AGREEMENT FOR REVISIONS OF TRAFFIC CONTROL SIGNALS AGREEMENT NO. PW2005-05 Est. Cost 50% City of Maplewood $36,350.00 50% Ramsey County $36,350.00 Construction Cost $72,700.00 THIS AGREEMENT, made and entered into by and between the County of Ramsey, Department of Public Works, hereinafter referred to as the "County," and the City of Maplewood hereinafter referred to as the "City", for the revision of the traffic control signal system at the intersection of Beam Avenue and Hazelwood Street; WITNESSETH: WHEREAS, the County has determined that there isjustification and it is in the public's best interest to revise the traffic control signals Beam Ave (County State Aid Highway No. 19); at Hazelwood Street (Municipal State Aid Highway No. 112); and WHEREAS, the construction cost to revise traffic control signals will be shared between the County and the City in accordance with the terms and conditions hereafter set forth; and WHEREAS, there exists in full force and effect cooperative signal Agreement 89022, County Board Resolution 89-790 dated October 24, 1989 entered into by and between the County and the City to share the cost, maintenance and operation of the traffic control signal with street lights, signs and EVP system at the intersection of Beam Avenue and Hazelwood Street; and WHEREAS, the traffic signal revision at Beam Avenue and Hazelwood Street is part of a larger plan, S.A.P. 62-619-27 and S.A.P. 138-112-006, which includes reconstruction of Hazelwood Street north of Beam Avenue; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City shall prepare the necessary plans, specifications and proposals and shall perform the engineering and inspection required to complete the items of work hereinafter set forth. Such work as described immediately above shall constitute "Engineering and Inspection" and shall be so referred to hereinafter. 2. The County shall assist with the inspection of the signal revision and this will constitute its share of the Engineering and Inspection. 3. The contract cost of the work or, if the work is not contracted, the cost of all labor, materials and equipment rental required to complete the traffic signal revision work, except the cost of providing the power supply to the service pole or pad shall constitute the actual "Construction Cost" and shall be so referred to herein. 4. The City shall revise or cause the revision of said traffic control signal system in accordance with the plan and specification for S.A.P. No. 62-619-27 and S.A.P. 138-112-006 on Beam Avenue at Hazelwood Street. The County and City will participate in construction costs as follows: 50% County and 50% City. Estimated cost for the signal revisions is $72,700.00. 5. Upon execution of this agreement and a request in writing by the City, the County shall advance to the City an amount equal to their portion of the project costs based on the actual bid price. City Council 03-28-05 21 6. Upon final payment to the contractor and computation of the County's share of the work provided for herein, any amount of funds advanced in excess by the County will be returned without interest. The City agrees to pay to the County that amount of its final share which is in excess of the amount of the funds advanced by County. 7. The 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 the terms of this agreement. Nothing herein shall be deemed a waiver of the limitations on liability set forth in Minnesota Statutes, Chapter 466. 8. This Agreement shall remain in full force and effect until terminated by mutual agreement of the City and the County. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures. Seconded by Councilmember Koppen Ayes -All 6. Gladstone North Area Street Improvements, Project 04-15 -- Resolution Ordering Assessment Hearing a. City Manager Fursman presented the staff report. b. Public Works Director Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution for the Gladstone North Area Street Improvements, Project 04 -15 -Ordering the Assessment Hearing for 7:00 p.m., Monday, April 25th, 2005: RESOLUTION 05-03-039 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Gladstone North Area Street Improvements, City Project 04-15, 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 25th day of April 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 Juenemann Ayes -All City Council 03-28-05 22 L. M 7. Springside Drive Extension, Project 03-36 — Resolution Ordering Assessment Hearing a. City Manager Fursman presented the staff report. b. Public Works Director Ahl presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolution for Springside Drive Extension, Project 03 -36 -Ordering the Assessment Hearing for 7:15 p.m., Monday, April 25tH 2005: RESOLUTION 05-03-040 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Springside Drive Extension, City Project 03-36, 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 25th day of April 2005, at the city hall at 7:15 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 Koppen Ayes -All 8. Audience Seating for Council Chambers a. City Manager Fursman presented the staff report and specifics from the report. This item has been put on hold for a future date due to budget concerns. VISITOR PRESENTATIONS Ron Cockriel, 943 Century Avenue, Maplewood, presented council with a petition regarding the Century/Holloway (120 -Highway 5) project. COUNCIL PRESENTATIONS Democratic Governance — Councilmember Rossbach discussed a way of preparing the annual budget through a process of democratic governance and citizen involvement. Rossbach moved that staff council meeting. Seconded by Mayor Cardinal in the "frame -work" for this City Council 03-28-05 Ayes -All ect to be addressed at a future 23 2. Mayor Inquiries — Councilmember Monahan-Junek reiterated her position as a Maplewood councilmember and her position as City Manager of Eveleth, Minnesota. 3. City Cleanup Day — Councilmember Juenemann reminded citizens of the upcoming city cleanup day on Saturday, April 23rd. N. ADMINISTRATIVE PRESENTATIONS April 4, 2005 Mini-Retreat—City Manager Fursman provided a reminder of the "mini - retreat" that will be held on April 4, 2005, 5:00 p.m. to 7:00 p.m. for the council and management team staff. 2. Dispatching—The dispatch issue will be put on the April 11, 2005 agenda for city council consideration. O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 9:10 p.m. Seconded by Councilmember Rossbach Ayes -All City Council 03-28-05 24 AGENDA ITEM 1-1 AGENDA REPORT T0: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: County Road D Realignment West (Walter Street to T.H. 61), City Project 02-08 — Resolution Awarding Construction Contract DATE: March 28, 2005 Introduction Final plans and specifications for the re -bid of County Road D Realignment West (Walter Street to T.H. 61) were approved by the city council on January 24, 2005, and authorization was given to advertise for bids. Those bids were received and opened on Friday, March 25, 2005. The city council will consider approving the attached resolution for Award of Bids. Background The bids were received and publicly read aloud at 10:00 a.m., on Friday, March 25, 2005. Present for the bid opening: Chris Cavett, Assistant City Engineer, Nick Landwer of URS and Lois Knutson with Maplewood Public Works. The following seven bids were received: All bids have been checked and tabulated. The engineer's estimate for the project was $785,570 and the average of the bids was $719,000. The low bid from T.A. Schifsky & Sons, Inc. of $668,162.93 is 15% lower than the engineer's estimate and 9% lower than the average of all the bids. Attached is a letter from the city's engineering consultant, URS, with a recommendation of award. Contractor Total Bid 1. T.A. Schifsky & Sons, Inc. $668,162.93 2. Park Construction Company $685,398.69 3. Frattalone Companies, Inc. $696,218.03 4. Palda & Sons, Inc. $704,517.61 5. Tower Asphalt, Inc. $705,221.74 6. Forest Lake Contracting, Inc. $747,742.04 7. Harddrives, Inc. $827,366.13 Average Bid: $719,000 All bids have been checked and tabulated. The engineer's estimate for the project was $785,570 and the average of the bids was $719,000. The low bid from T.A. Schifsky & Sons, Inc. of $668,162.93 is 15% lower than the engineer's estimate and 9% lower than the average of all the bids. Attached is a letter from the city's engineering consultant, URS, with a recommendation of award. Discussion On September 13, 2004, the City Council originally approved the awarding of a construction contract to Palda & Sons, Inc. for the amount of $1,333,032.71. The project included construction of utilities and roadway for the entire County Road D West improvement. The contractor's bid was based upon beginning work immediately on the existing segment of County Road D to replace a sanitary sewer main as part of cooperative work under the contract with Vadnais Heights and utility work within the Trout Land development under the new County Road D alignment. Unfortunately, both the work on existing County Road D for Vadnais Heights and within the Trout Land Development was started but could not be completed as designed. It was not feasible to construct the Vadnais Heights sewer as designed due to conflicts with a Qwest major telephone transmission line. The Trout Land grading work, which needed to be completed before Palda could begin the new County Road D alignment work, was delayed due to unforeseen title work that delayed mobilization. Both issues did not allow Palda to begin work in September 2004 as anticipated by their bid. Each issue was resolved; however, the project could not be completed in 2004 as originally bid and Palda would not guarantee the bid prices that they originally submitted. Palda had requested an increase in the bid in excess of $300,000 to have the delays extended into 2005. Engineering staff rejected their claims and negotiated a project revision and would rebid the roadway portion of the project in 2005. Budget impact Comparing the current 2005 bid ($668K), with the amount removed from the original 2004 bid, ($711 K), surprisingly the re -bidding of the project has actually resulted in a savings of approximately $40,000 as compared to the $300,000 in claims that the city could have faced. Most of these savings can be attributed to the time of year of the bid and the competitiveness of the bidders. The costs for construction still fall well within the established construction budget for this project. There is not tax levy funding for this project and approval of the attached resolution will not impact the existing tax levy. CMC Recommendation It is recommended that the city council approve the attached resolution accepting the bids and awarding the contract to T.A. Schifsky & Sons, Inc. for the amount of $668,162.93. Attachments: Resolution Memo from URS Location map RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky & Sons, Inc., in the amount of $668,162.93 is the lowest responsible bid for the construction of County Road D Realignment West (Walter Street to T.H. 61), City Project 02-08, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. March 28, 2005 Mr. R. Charles Ahl, PE Director of Public Works/City Engineer City of Maplewood 1830 East County Road B Maplewood, MN 55109 Re: Award of Co„tract — Co,unty Road D Improvements, Highridge Ct. to TH 61 - City Project 02-08 Dear Mr. Ahl: Bids were opened for the above-mentioned project on March 25, 2005. The following is a summary of the seven bids received: VnMr-Aefnr Tot. Bid Amount T.A.Schifsky & Sons, Inc. $668,162.93 Park Construction Company $685,398.69 Frattalone Companies, Inc. $696,218.03 Palda & Sons, Inc. $704,517.61 Tower Asphalt, Inc. $705,221.74 Forest Lake Contracting, Inc. $747,742.04 Hardrives, Inc. $827,366..13 Average Bid $719,232.45 All bids have been checked and tabulated. No errors were found and all bidders had the required supporting documentation and bid bonds. The Engineer's Estimate for this project was $785,570.00. The average bid of all seven bidders is 9% lower than the Engineer's Estimate and the low bid from T.A. Schifsky & Sons, Inc. of $668,162.93 is 15% lower than the Engineer's Estimate and reflects a very competitive bidding environment. As part of the Joint Powers Agreement with Ramsey County and the City of Vadnais Heights, Vadnais Heights will be responsible for reimbursement of this portion of the project. Both URS and the City of Maplewood have worked with T.A. Schifsky and Sons, Inc on numerous past projects. Based on past experience, T.A. Schifsky and Sons, Inc. is capable of successfully completing this project within the required schedule. Thresher Square • 700 Thud Street South • Suite 600 • Minneapolis, MN 55415 • Phone: (612) 370-0700 • Fax: (612) 370-1378 Page 2 March 28, 2005 Accordingly, URS recommends that a construction contract for the County Road- D Improvements, Highridge Ct. to TH 61 - City Project 02-08 be awarded to T.A. Schifsky and Sons, Inc. in the amount of $668,162.93 Sincerely, URS Corporation Nick Landwer, PE Project Engineer Attachments: Bid Tab Engineers Estimate cc: Chris Cavett, P.E./City of Maplewood File: 31809400.00101 COUNTY ROAD REAUGNMENT SEGMENT 2 VAX,4'S S4'h(,T 60.1? AYc NC;rl4 SAINT PA{.+4L b L G Wam w hR7j 1. W MM L i a iwn .� ' n CIO ofMapAlewwd COUNTY ROAD D DEPARMEW OFFUBW WORM REALIGNMENT MOMERM0MMON IMPROVEMENTS 1530 East County Road B Maplewood, MinromAa 55109 CP 02-08 (041) 770-4550 FAX (851) 770-4505 PROJECT LOCATION MAP EXHIBIT 1 Maplewood City Council 1830 County Road B East Maplewood, MN 55109 To whom it may concern, RECEIVED We are residents at 2666 Brookview Drive. We have several concerns regarding the proposed sale of the property adjacent to 2647 and 2659 Brookview Drive. What effect will the move of the sewer line have on the rest of the neighborhood? Who will pay for the sewer line to be moved? Will the city maintain problems that may occur in the sewer line due to the move? Is the city willing to pay for the entire sewer line to be replaced? We share the sewer line with the vacant lot, and expect that if the sewer line is moved, the entire line be replaced. If there is a hook or a bend in the line, it could create a potential for future problems through our property. We also are aware that our neighbors at 2659 Brookview Drive have maintained the vacant lot for the past 40 years. The city of Maplewood has not. It would be our hope that the city recognizes out neighbor's attention to this lot while making a decision on this proposed sale. Thank you for your attention to this letter. Unfortunately, we we will not be able to attend due to prior engagements. Can we please receive a copy of the meeting's minutes? Sincerely, Christopher and Kelly Jensen 2666 Brookview Drive Maplewood, MN 55119 AGENDA ITEM 1-1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: County Road D Realignment West (Walter Street to T.H. 61), City Project 02-08 — Resolution Awarding Construction Contract DATE: March 23, 2005 Introduction The bid opening for this project has been scheduled for 10:00 a.m., Friday, March 25, 2005. A final report could not be completed prior to agenda distribution. An updated report and recommendation of award will be distributed to the city council at the council meeting as a supplement to the agenda. Background This project was originally bid and awarded last September. Due to claims by the contractor of a change in contract conditions caused by delays in the availability of the site, it was decided to remove the roadway construction items from the contract and re- bid them this spring. CMC Attachment: Location Map