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
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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
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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.
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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
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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,
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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
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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
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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
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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