Loading...
HomeMy WebLinkAbout10-25-2004ra B. C. is E. MINUTES MAPLEWOOD CITY COUNCIL 7:02 P.M. Monday, October 25, 2004 Council Chambers, City Hall Meeting No. 04-24 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 7:02 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 -October 14, 2004 Councilmember Juenemann moved to approve the minutes from the October 14, 2004 City Council/Manager workshop amended. Seconded by CouncilmemberKoppen Ayes -Mayor Cardinal, Councilmembers Juenemann, Koppen and Rossbach Abstain-Councilmember Monahan-Junek 2. Minutes from City Council Meeting -October 14, 2004 Councilmember Juenemann moved to approve the minutes from the October 25, 2004 City Council Meeting as amended. Seconded by Councilmember Ayes -Mayor Cardinal, Councilmembers Juenemann, Koppen and Rossbach Abstain-Councilmember Monahan-Junek APPROVAL OF AGENDA K5. Hire Master Planner -Gladstone M1. Tuition Reimbursement Policy -City Employee M2. South Leg Group M3. School District M4. Girl Scouts Councilmember Koppen moved to approve the agenda as amended. Seconded by CouncilmemberMonahan-Junek Ayes -All City Council 10-25-04 F. APPOINTMENTS/PRESENTATIONS Resolution of Appreciation — Paul Mueller, Planning Commission City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution commending Paul Mueller for his years of service on the Maplewood Planning Commission: JOINT RESOLUTION OF APPRECIATION 04-10-186 WHEREAS, Paul Mueller has been a member of the Maplewood Planning Commission since July 13, 1998 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, ITIS HEREBY RESOL VEDfor and on behalf of the City of Maplewood, Minnesota and its citizens, that Paul Mueller is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Seconded by CouncilmemberKoppen Ayes -All 2. Resolution of Appreciation — Clayton Robinson, Police Civil Service Commission City Manager Fursman presented the staff report. b. Human Resources Director Le presented specifics from the report. Mayor Cardinal moved to adopt the following resolution commending Clayton Robinson for his years of service on the Maplewood Police Civil Service Commission: RESOLUTION OF APPRECIATION 04-10-187 WHEREAS, Clayton Robinson has been a member of the Maplewood Police Civil Service Commission since May 13, 2002 and has served faithfully in that capacity to the present time; and WHEREAS, the Police Civil Service Commission has appreciated his experience, insights and good judgment; and City Council 10-25-04 G. WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, ITIS HEREBY RESOL VEDfor and on behalf of the City of Maplewood, Minnesota and its citizens that Clayton Robinson is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Seconded by CouncilmemberKoppen Ayes -All CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 555,025.75 Checks # 65151 thru # 65214 dated 10/12/04 $ 4,089,493.23 Disbursements via debits to checking account dated 10-01-04 thru 10-07-04 $ 311,011.58 Checks # 65215 thru # 65253 dated 10/15 thru 10/19/04 $ 262,765.18 Disbursements via debits to checking account dated 10/08/04 thru 10/14/04 $ 5,218,295.74 Total Accounts Payable Payroll Checks and Direct Deposits dated 10-08- $ 425,309.47 04 $ 5,697.45 Payroll Deduction check # 99014 thru # 99019 dated 10/08/04 $ 431,006.92 Total Payroll $ 5,649,302.66 GRAND TOTAL City Council 10-25-04 3 2. Senior Citizen Deferment Request from Carl I Ranum--1789 Kennard Street, Project 03- 18A Adopted the following resolution approving a senior citizen deferment for Carl I. Ranum, 1789 Kennard Street: RESOLUTION 04-10-189 SENIOR CITIZEN ASSESSMENT DEFERMENT WHEREAS, Maplewood approved and ratified the final assessment roll for Public Improvement 02-10, Kennard/Frost Avenue Neighborhood on May 12, 2003, and did subsequently certify the outstanding assessment balances to Ramsey County for collection along with the annual property taxes, and WHEREAS, Maplewood property owner Carl I. Ranum, 1789 Kennard Street was assessed $4,200.00 and has now declared his desire to place the assessment as levied by Maplewood for Public Improvement 02-10, Kennard/Frost Avenue Neighborhood in a Senior Citizen Deferment, and WHEREAS, Mr. Ranum qualifies for a Senior Citizen Assessment Deferment in accordance with Minnesota Statutory criteria and City of Maplewood ordinance, and WHEREAS, it is consistent with the city's past practice and policy to grant Senior Citizen Assessment Deferment to qualified property owners and said action in accordance with Minnesota State Statute 429 and all other pertinent statutes. NOW THEREFORE BE IT RESOLVED, that the city council deems it in the public interest and approves the request for a Senior Citizen Assessment Deferment retroactive from May 12, 2003 for the following assessed property: PIN 15-29-22-43-0007 LEGAL Lot 12, Block 4 PLAT NAME Maryknoll Approve 2005 Assessment Rates for Public Improvement Projects Assessment $4,200.00 Adopted the following resolution adopting the 2005 assessment rates in the Maplewood Pavement Management Policy: RESOLUTION 04-10-188 ADOPTION OF THE 2005 ASSESSMENT RATES WHEREAS, the Maplewood Pavement Management Policy has established set assessment rates based on the type of improvement procedure proposed for a given project, and WHEREAS, the policy, established in 1999, calls for the assessment rate to be adjusted each year, and City Council 10-25-04 WHEREAS, feasibility studies have been ordered for the 2005 construction season, WHEREAS, the assessment rates must be established to accurately complete the studies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The updated assessment rates are approved for all construction in the city of Maplewood during the 2005 construction season. 2. All rates shown are residential. Commercial rates are handled on an individual basis, but are typically figured on a front -foot basis. They are calculated by dividing the residential rate by 75 and multiplying by 1.5 (Res. Rate/75x1.5) to get the front -foot commercial and multi -family residential rate. Street Improvement Procedure 2005 1. Complete Street Reconstruction: $4380 2. Partial Reconstruction/Unit: $3280 3. Bituminous Surface Replacement/Unit: $2300 4. Mill & Overlay/Unit: $1640 Other Improvement Rates 5. Storm drainage/unit: $ 680 6. Cash connect charge - water: $2810 7. Water service w/new main construction: $1070 8. Water service w/tap to existing main: $1330 9. Cash connect charge - sewer: $2810 10. Sewer service w/new main construction $1070 11. Sewer service w/tap to existing main: $2000 4. Hazelwood Street Improvements, Project 01 -16 --Change Order No. 2 & No. 3 Adopted the following resolution directing the modification of the existing construction contract, change order Nos. 2 & 3: RESOLUTION 04-10-190 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 01-16, Hazelwood Street Improvements, County Rd. C to Beam Ave., and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 01-16, Change Order Nos. 2 & 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Orders Nos. 2 & 3 in the amounts of $7,610.84 and $41,525.93 respectively. The revised contract amount is $749,110.86. City Council 10-25-04 budget. No revision to the financing plan is required at this time as all items fall within the proposed Hazelwood/County Road C Area Street Improvements, City Project 03 -18 -- Modification of Approval to Transfer Funds from Project 02-08 to Project 03-18 Approved the modification to the project budget of $34,200 of additional 6. Annual Renewal of the Currency Exchange License for Cashway Checking — 3035 White Bear Avenue Approved the annual renewal license for Cashway Checking. H. PUBLIC HEARINGS None L AWARD OF BIDS Grading at Southwinds Development Site, Project 04-31 City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolution receiving the project bids and awarding a construction contract to Forest Lake Contracting Company in the amount of $183,438.50 for the grading of Southwinds Development, Project 04-31: RESOLUTION FOR AWARD OF BIDS 04-10-191 WHEREAS, pursuant to resolution, bids have been received for the making of Grading of Southwinds Development, City Project 04-31, and WHEREAS, the City Engineer has reported the opening and reading of said bids according to policy of the City and Laws of the State of Minnesota, as follows: Contractor Forest Lake Contracting Imperial Developers, Inc. Max Steininger, Inc. Frontier Construct. Co., Inc Veit & Company, Inc. Frattalone Companies, Inc. Arnt Construction Co., Inc. S.R. Weidema, Inc. Northwest Asphalt, Inc. Engineer's Estimate Base Bid $114,338.50 $122,634.20 $130,842.00 $132,976.00 $142,344.00 $147,317.00 $152,105.50 Bid Alt. 1 $5,200.00 $5,700.00 $6,000.00 $7,500.00 $7,500.00 $9,784.69 $9,800.00 $161,075.50 $8,880.00 Bid Rejected /Withdrawn due to errors $145,000.00 $20,000.00 City Council 10-25-04 Bid Alt. 2 $ 69,100.00 $ 97,580.00 $111,270.00 $ 81,280.00 $ 72,120.00 $ 60,484.00 $106,500.00 $107,575.00 $ 81,000.00 WHEREAS, the City Engineer has recommended an award to the low bidder Forest Lake Contracting, Inc. in the amount of the base bid of $114,338.50 and Bid Alternate No. 2 in the amount of $69,100.00 for a total construction contract award of $183,438.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. The bids received on October 22, 2004 are hereby received, with the exception of the bid of Northwest Asphalt, Inc. which was found to be in error of the project specifications. 2. The bid of Forest Lake Contracting, Inc., in the amount of $183,438.50 is the lowest responsible bid for the construction of Grading at Southwinds Development, City Project 04-31, 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. 3. The City Engineer is directed to return all bid bonds received with all bids, with the exception of Forest Lake Contracting and the second low bidder. Said bonds shall be received upon the final execution of the construction contract by Forest Lake Contracting. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded by Councilmember Monahan-Junek Ayes -All J. UNFINISHED BUSINESS Project Reconsideration - Summerhill of Maplewood (Senior Housing Cooperative) (935 Ferndale Street North) Land Use Plan Change — S (school) to R -3(H) (4 votes) Zoning Map Change — R-1 (single dwelling) to R-3 (multiple -family residential) Design Approval City Manager Fursman presented the staff report. b. Planner Finwall presented specifics from the report. Councilmember Koppen moved to adopt the following resolution approving the comprehensive land use change from school (s) to high multiple dwelling residential )R -3H) for the property at 935 Ferndale Street: LAND USE PLAN CHANGE RESOLUTION 04-10-192 WHEREAS, Transfiguration Church and Nichols Development, LLC, applied for a change to the city's land use plan from School (S) to High Multiple -Dwelling Residential (R -3H). WHEREAS, this change applies to the property at 935 Ferndale Street. WHEREAS, the legal description is Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 4, Bartelmy Acres Second Addition, according to the record plat thereof, Ramey County, Minnesota, together with the North Half of Michael Lane, as dedicated in said plat, lying between the southerly extensions of the east line of said Lot 4 and the west line of said Lot 5. WHEREAS, the history of this change is as follows: On August 16, 2004, the planning commission held a public hearing. The city staff published a City Council 10-25-04 hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council deny the plan amendment, subject to neighborhood concerns regarding the compatibility of a 44 -unit, three story senior housing building next to single-family residential homes. 2. On September 27, 2004, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described change for the following reasons: This site is proper for and consistent with the city's policies for high-density residential use. This includes: Having a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, town houses, manufactured homes, single-family housing, public - assisted housing and low- to moderate -income housing, and rental and owner -occupied housing. b. Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life -cycle needs of all income levels, those with special needs and nontraditional households. C. The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. d. The city's long-term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. e. It is on a collector street and is near an arterial street, parks and open space. Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Juenemann, Koppen and Monahan-Junek Nays-Councilmember Rossbach Councilmember Koppen moved to adopt the following resolution approving the zoning map change from single dwelling residential (R-1) to multiple dwelling residential (R-3) for the property located at 935 Ferndale Street: ZONING MAP CHANGE RESOLUTION 04-10-193 WHEREAS, the Transfiguration Church and Nichols Development, LLC, is proposing the following change to the City of Maplewood's zoning map: Single -Family Residential (R-1) to Multiple - Dwelling Residential (R-3). WHEREAS, this change applies to the property located at 935 Ferndale Street. WHEREAS, the legal description is Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 4, Bartelmy Acres Second Addition, according to the record plat thereof, Ramey County, Minnesota, together with the North Half of Michael Lane, as dedicated in said plat, lying between the southerly extensions of the east line of said Lot 4 and the west line of said Lot 5. City Council 10-25-04 WHEREAS, the history of this change is as follows: On August 16, 2004, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council deny the plan amendment, subject to neighborhood concerns regarding the compatibility of a 44 -unit, three story senior housing building next to single-family residential homes. 2. On September 27, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The city council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The owner plans to develop this property for multiple -dwelling senior housing. Seconded by Councilmember Monahan-Junek Ayes -Mayor Cardinal, Councilmembers Juenemann, Koppen and Monahan-Junek Nays-Councilmember Rossbach Councilmember Koppen moved to approve the site plan, building elevations, and photometric plans date-stamped September 10, 2004 for the 44 -unit, three story Summerhill of Maplewood Senior housing cooperative to be located at 935 Ferndale Street. Approval is subject to the applicant doing the following: Repeat this review in two years if the city has not issued a building permit for this proj ect. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: City Council 10-25-04 1) Revised grading and drainage plan for the three-story building. 2) Revised landscape plan for the three-story building as follows: a) Locate and protect existing nature center trees adjacent to the site. b) Expansion of the nature center oak savanna a few feet into the Summerhill property with the addition of large red or white oak trees. c) Rain gardens planted in the storm ponds. d) Allocation of at least 1 percent of the overall construction cost to trees. e) Barberry shrub replaced with an alternative shrub. f) The addition of a native butterfly garden. 3) Revised building elevations showing the following: a) Gazebo/porch located on west side of the building. The gazebo and porch must be constructed of quality building materials, screened, and be consistent with the proposed senior cooperative building. b) Front entry overhang with a clearance of at least 12 feet to accommodate ambulances and fire vehicles. The front entry must be constructed of quality building materials and be consistent with the proposed senior cooperative building. C) Screen porches for all 44 units. d) Consistent building and color elevations showing additional dormers and porches on the east and west elevation. e) Screening of all exterior mechanical equipment from surrounding residential properties. f) The north elevation revised to reflect the change in the driveway location. 4) Site plan to scale ensuring a 15 -foot setback from the parking lot to the right-of- way; construction of 14 northerly parking stalls and 12 southerly parking stalls designated as "proof -of -parking"; Harvester Ave. driveway lining up, to the extent possible, with the existing driveways across Harvester Avenue; trail grading width reduced to ensure no disturbance of nature center trees; no trail access to Nature Center; interior sidewalks leading to exterior sidewalks; play area. 5) Registered land survey of the property. 6) Watershed district approval. 7) Building material samples. 8) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. The applicant shall complete the following before occupying the building 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and an in -ground lawn irrigation system for all City Council 10-25-04 10 landscaped areas. 4) Install all required outdoor lighting. 5) Install all required sidewalks and trails. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Juenemann Ayes -All K. NEW BUSINESS Southwinds Development Site, Project 04-31—Approve Development Contract for Cooperative Grading, Right of Way Purchase, Assessment Payments and Sale of City - Purchased Property with Southwind of Maplewood, LLC City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to approve the following Development Contract 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 Southwinds Development, City Project 04-31: AGREEMENT This Agreement, dated October 25th 2004, 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 is undertaking projects known as the Legacy Parkway Improvements, Project Number 03-26, and as Grading at Southwinds Development, Project Number 04-31; WHEREAS, Southwinds owns property in the Project Area, described by property address as: 3004 Hazelwood Street 3016 Hazelwood Street 3050 Hazelwood Street "Southwinds Property;" City Council 10-25-04 11 WHEREAS, Southwinds desires to purchase additional property that Maplewood has previously purchased as part of a tax abatement plan and said property is adjacent to the northern property line of the Southwinds Property and is described by address as: 3056 Hazelwood Street 3062 Hazelwood Street "Maplewood Property;" WHEREAS, the City has conducted public hearings for the improvement of Legacy Parkway between Kennard Street and approximately 10,400 square feet of the Southwinds Property to the City for right-of-way purposes. NOW THEREFORE, the City and Southwinds agree to make the following agreement Southwinds represents and warrants to the City that: A. It has all requisite power and authority to execute this Agreement, and the officer of Southwinds who did or will execute the same for and on behalf of Southwinds has the power and the authority to do so and to bind Southwinds. B. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. C. It will cooperate with all reasonable requests by the City related to this Agreement that do not detrimentally affect the basis of the terms of this Agreement. 2. Southwinds shall perform the following: A. Purchase the City Property for $150,000. B. Plat said City Property and said Southwinds Property according to documents supplied by the City such that all rights of way for Legacy Parkway are dedicated to the City. C. Grant the City a right -of -entry over the City Property and Southwinds Property in order to construct the City's public improvements. The boundaries of the right -of -entry area shall be defined by the construction limits identified in the final plans and specifications for the construction of Legacy Parkway, City Project 03-26, and Grading at Southwinds Development, City Project 04-31. This right -of -entry shall commence on the date of this agreement and terminate on August 31, 2005. Compensation by the City to Southwinds for this right -of -entry is outlined in Section 3 of this Agreement. D. The final area of the right-of-way is subject to minor alignment adjustments by the City based upon the final alignment of the roadway. E. Pay $75,000 toward the mass roadway grading of the City Property and Southwinds Property to be completed by the City. F. Pay to the City $120,418.00 in assessments for roadway, storm drainage, sanitary sewer and City Council 10-25-04 12 water main improvements for the Southwinds Property. The breakdown of assessments is as follows: Roadway — Legacy Parkway $43,680.00 Roadway — Hazelwood $48,418.00 Storm Sewer — Legacy and Hazelwood $14,090.00 Regional Ponding $14,230.00 Total $120,418.00 Southwinds has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the Southwinds Property with the amount to be $120,418.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5%. Southwinds 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). If the terms of this agreement are met by Southwinds, City shall abatement these assessments. G. Pay to the City $65,470.00 in assessments for roadway, storm drainage, sanitary sewer and water main improvements for the City Property. The breakdown of assessments is as follows: Roadway - Legacy Parkway $43,680.00 Street — Hazelwood $13,330.00 Storm Sewer $ 4,210.00 Regional Storm Sewer $ 4,250.00 Total $65,470.00 Southwinds has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the City Property with the amount to be $65,470.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5%. Southwinds 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). If the terms of this agreement are met by Southwinds, City shall abatement these assessments. H. Pay to the City park dedication fees in the total amount of $1,215 per unit at the time of building permit for the development of the Southwinds Property and City Property. The park dedication fees shall be paid at the time of building permit application. . I. Provide 33 units of development on the Southwinds Property and City property according to the following schedule: 6 units constructed by September 2005; 20 units constructed by September 2006; 33 units constructed by September 2007. The average value of the units as noted on the completion date shall average $215,000. Failure of Southwinds to meet this schedule or value shall result in the City withholding and canceling the tax abatement of the levied assessments for Hazelwood Street. The City shall perform the following: A. Pay to Southwinds at the time of final plat certification from Ramsey County, the sum of City Council 10-25-04 13 $50,000. B. Pay the Legacy Parkway assessments against the City Property prior to sale to Southwinds. C. Waive its storm water ponding requirements for the Southwinds Property and the City Property. This waiver is based on the City's engineering principles, studies and compliance with the Ramsey County Watershed and other agencies' requirements. D. Allow Southwinds to pay the assessments described above and any future assessments to be agreed upon over a fifteen (15) year period at an interest rate of 5.0%. If all conditions of this agreement are met, the City shall abate all Legacy Parkway and Hazelwood Street assessments. E. Pay Southwinds $50,000.00 for the City's right -of -entry onto the Southwinds Property and City Property, described in Paragraph 2 (C) of this Agreement and as payment toward grading costs of the property. F. Pay all costs for the demolition of homes at 3004 Hazelwood Street, 3016 Hazelwood Street, 3050 Hazelwood Street, 3056 Hazelwood Street and 3062 Hazelwood Street. G. The City shall pay Southwinds the amounts described above upon completion of all of Southwind's obligations under this Agreement. Upon determination by the City Engineer of satisfactory completion of all Southwinds obligations, the City shall arrange payment of all funds identified within this agreement within 30 days. 4. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 5. Arbitration. It is agreed by the parties that any differences, dispute or claim which arises under and pursuant to this Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3) persons, one selected by the party interested in one side of the dispute, one by the party interested in the other side of the dispute, and a third person mutually selected and agreed upon by the first two arbitrators. Any party shall notify the other party in writing, served by U. S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and address of selected arbitrator. The other party shall serve notice of its selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days after the response notice stated above. Arbitration shall be commenced within forty-five (45) days of the original notice pursuant to the previous paragraphs hereof, and all proceedings shall be governed by Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If a party does not respond to an arbitration notice, then the party first serving the arbitration notice under the previous paragraph shall be entitled by Motion to petition a court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the Court shall be final, binding and conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally among the parties. City Council 10-25-04 14 6. The City's and Southwind's obligations under this Agreement shall be conditioned, for the sole benefit of the City and Southwind, upon the following: A. Contingent upon review and approval of final terms by the City Council. B. Contingent upon Southwind closing on the purchase of the Southwind Property. Seconded by Councilmember Monahan-Junek Ayes -All 2. Avis Rent a Car Conditional Use Permit (Sears — Maplewood Mall) City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Commissioner Pearson presented the Planning Commission report. d. Jeff Higginbothan, representing Avis Rent -a -Car presented project specifics. Councilmember Koppen moved to adopt the following resolution approving the Conditional Use Permit for Avis Rent a Car (Sears -Maplewood Mall CONDITIONAL USE PERMIT RESOLUTION 04-10-194 WHEREAS, Avis Rent a Car applied for a conditional use permit. The conditional use permit is to operate an automotive rental office in the BC (business commercial) zoning district. WHEREAS, this permit applies to the Sears Store at Maplewood Mall at 3001 White Bear Avenue. The legal description is: MAPLEWOOD MALL ADDITION, N1/2, Section 02, T.29, R. 22 Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit revision is as follows: 1. On October 4, 2004, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners within 500 feet, as 2. required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. City Council 10-25-04 15 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or service. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: The owner or operator shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The city council shall review this permit in one year. The normal hours of operation shall be seven days a week, Monday through Friday 8:00 a.m. to 6:00 p.m., Saturday from 8:00 a.m. to 4:00 p.m., and Sunday 10:00 a.m. to 2:00 p.m. 4. The maximum number of parking stalls, for rental cars at this site, is limited to 10. 5. The contractor must obtain the necessary building and sign permits from the city. Seconded by Councilmember Juenemann Ayes -All Public Works Building Expansion, Project 03-19 — Approve Contract with Architect City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to approve Oertel Architects for the architects for the Public Works Building Expansion Project, City Project 03-19, and authorized the Mayor and City Manager to sign a contract in the amount of $129,500. Seconded by Councilmember Juenemann Ayes -All 4. Noodles and Company City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. City Council 10-25-04 16 Councilmember Koppen moved to approve the on -sale liquor license for Ms. Cori Hean Blodgett to be used at Noodles & Company located at 2865 White Bear Avenue. Seconded by Councilmember Monahan-Junek Ayes -All 5. Hiring of Master Planner -Gladstone a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics from the report. Mayor Cardinal moved to approved staff to solicit a Master Planner for the purpose of Gladstone Redevelopment. Seconded by Councilmember Monahan-Junek Ayes -All L. VISITOR PRESENTATIONS 1. Diane Longrie-Kline, 1771 Burr Street, Maplewood, inquired about a liquor license fence requirement. M. COUNCIL PRESENTATIONS 1. Tuition Reimbursement -To be discussed at a future meeting. 2. South Leg Focus Group -Steve Baker from Ramsey County discussed property taxes. 3. School District 622 encouraged volunteers to participate in the strategic planning process. 4. Girl Scouts Troop 521 thanked City Clerk Guilfoile for the tour of City Hall. N. ADMINISTRATIVE PRESENTATIONS 1. Council/Manager Workshop 5:00 p.m., Monday, November 1st in the Council Chambers to discuss the redevelopment of the Gladstone area. O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 8:05 p.m. Seconded by Councilmember Juenemann Ayes - All City Council 10-25-04 17 AGENDA ITEM AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer 1-1 SUBJECT: Grading at Southwinds Development Site, City Project 04-31 — Resolution Receiving Bids and Awarding Construction Contract DATE: October 18, 2004 Introduction On October 14, 2004, the City Council approved a resolution ordering an improvement contract for the Southwinds Development site. Plans were approved and authorization was given to receive bids on October 22, 2004. Due to the need to quickly accomplish the movement of the fill material, these bids are being fast tracked through the improvement process. Bids will be received and tabulated on Friday, October 22, 2004 at 10:00 am. An award of construction contract is recommended. Background On October 22, 2004 bids were received and opened for the Grading at Southwinds project. A total of 9 contractors submitted the following bids: Contractor Forest Lake Contracting Imperial Developers, Inc. Max Steininger, Inc. Frontier Construct. Co., Inc. Veit & Company, Inc. Frattalone Companies, Inc. Arnt Construction Co., Inc. S.R. Weidema, Inc. Northwest Asphalt, Inc. Engineer's Estimate Base Bid Bid Alt. 1 $114,338.50 $5,200.00 $122,634.20 $5,700.00 $130,842.00 $6,000.00 $132,976.00 $7,500.00 $142,344.00 $7,500.00 $147,317.00 $9,784.69 $152,105.50 $9,800.00 $161,075.50 $8,880.00 Bid Rejected / Withdrawn due to errors $145,000.00 $20,000.00 1:.I_1i� $ 69,100.00 $ 97,580.00 $111,270.00 $ 81,280.00 $ 72,120.00 $ 60,484.00 $106,500.00 $107,575.00 $ 81,000.00 The low bid of Forest Lake Contracting is 21 % below the engineer's estimate for the project. There was a wide range of bids, so it appears that bids are legitimate and appropriate. Forest Lake has completed other projects, recently Kennard Street, and is a competent contractor, and as shown in their bids, have crews immediately available and ready to meet this project's deadlines. The Bid Alternates were dependent upon coordination with the area developers. Bid Alternate No. 1 was for site clearing. Southwinds has decided to proceed under their own forces, so this item is not required. Bid Alternate No. 2 is for the disposal of material to the Ramsey County Courthouse facility. The Courthouse needs fill and the City needs to dispose of fill. Ramsey County has decided to provide a site for this material. C! Y COUNCIL AGENDA BACKGROUND GRADING AT SOUTHWINDS DEVELOPMENT — BID AWARD OCTOBER 25, 2004 PAGE TWO Budget Impact The recommended award is for the base bid and Bid Alternate No. 2 for a total award of $183,438.50. The project budget established on October 14, 2004 for this project is $200,000. The award of both items is appropriate and within budget. Recommendation It is recommended that the city council adopt the attached resolution receiving the project bids and awarding of a construction contract to Forest Lake Contracting Co. in the amount of $183,438.50 for the Grading of Southwinds Development, Project 04-31. RCA Attachment: Resolution RESOLUTION FOR AWARD OF BIDS WHEREAS, pursuant to resolution, bids have been received for the making of Grading of Southwinds Development, City Project 04-31, and WHEREAS, the City Engineer has reported the opening and reading of said bids according to policy of the City and Laws of the State of Minnesota, as follows: Contractor Base Bid Bid Alt. 1 Bid Alt. 2 Forest Lake Contracting $114,338.50 $5,200.00 $ 69,100.00 Imperial Developers, Inc. $122,634.20 $5,700.00 $ 97,580.00 Max Steininger, Inc. $130,842.00 $6,000.00 $111,270.00 Frontier Construct. Co., Inc. $132,976.00 $7,500.00 $ 81,280.00 Veit & Company, Inc. $142,344.00 $7,500.00 $ 72,120.00 Frattalone Companies, Inc. $147,317.00 $9,784.69 $ 60,484.00 Arnt Construction Co., Inc. $152,105.50 $9,800.00 $106,500.00 S.R. Weidema, Inc. $161,075.50 $8,880.00 $107,575.00 Northwest Asphalt, Inc. Bid Rejected /Withdrawn due to errors Engineer's Estimate $145,000.00 $20,000.00 $ 81,000.00 WHEREAS, the City Engineer has recommended an award to the low bidder Forest Lake Contracting, Inc. in the amount of the base bid of $114,338.50 and Bid Alternate No. 2 in the amount of $69,100.00 for a total construction contract award of $183,438.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. The bids received on October 22, 2004 are hereby received, with the exception of the bid of Northwest Asphalt, Inc. which was found to be in error of the project specifications. 2. The bid of Forest Lake Contracting, Inc., in the amount of $183,438.50 is the lowest responsible bid for the construction of Grading at Southwinds Development, City Project 04-31, 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. 3. The City Engineer is directed to return all bid bonds received with all bids, with the exception of Forest Lake Contracting and the second low bidder. Said bonds shall be received upon the final execution of the construction contract by Forest Lake Contracting. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. �3 October/2-3- 20(4 TA=- Robert Card F City of Maplewood 830 E_ County Road " B t Maplewood., Minnesota 55114 Dear Honorable Mayor U Ale61��X RECEIVE® OCT 2 5 2009 c�, of ftleyXw ae: SLmmer � - Map iY p�IW=€sla>Harvester) My uame is Bob Hen en -1 owner -and resident at 2712 Brand Street, Maplewood MN -55119- I -55119_I have lived here for 35 years. My occupation is areal estate broke, for 41 years, home builder and land developer. I can attest to tie ac-, that l have exTer=enced 9 " r Fs de ornsturabon ow as A OnstU�-=iQd to the the same unjustified �..�ty �..���_. o.a...a� developer of S-uminer of Maplewood b�. you and Mr. € ossbach- Your actions are not the best Merest of e czn£ of our commrty-nst remember that you may need our votes to get re-elected some day soon. t and my wife have discussed this proposed development with m -y -tends at neighbors, we cannot understand your negative position on s £.ion; e developme—nt.�t� e share the samne feehng as the dhousands of —mem---hers f c sfiv` align Parish: this project should have been approved a long tutie ago. it is causing undue hardship to she parsln= d e devY o r _as they ha-ve been delayed into the winter months to pnocvtqed wi them- respectiNT bmf ng plans_ There is an old saying `f time is moncv " I hope you. feel good about your actions. Tlus proposed. 44 unit senior development is far s;'Qerloi . c- mnso it o er sew—ior dove o e s thatl di` r Nvi . cit iit3t fetes that thgs`� av�ss'o�"sZa s i �€ t rt n t den v, -�v, 3 our eommunF ty of ocgr re sts to have this pmmeat approved by --he City Council of the City of M lewoo The neigbbors who are opposing this project sboaid not weigh in your decision because they do not represent the majority of the citizens of Maplewood_ TAlost of the 44 seniors that could benefit as purchasers of one of these uuaits, have probably been a homeowner in Maplewood for '00 to 50 yeas. They have paid: real estate taxes, asses eats and Ci f ?t fblr mbe betterment f the �'.l tv and our ��ho�i i-�.er�nti�s �€3 txi� � 03 �3's€`ip=���.od �..,� ;.�� - - -..s�� � - ; corms ty Also the pnr-chasers of one of these its probably has a home to sell which would allow younger or first home buyers an opportunity to by a home and live in our wonder City. So as res=ult t`hiS affects abouit 88 entities. our deny �e approval of this proposes is. grossly unfair to the above mentioned entities. ,also you are denying the possibility of Transfiguration Cam' o'nc parish building their proposed school caddinon, witich avec several h dined child -ren denying them the oppoxz - .n of gettuig a (-ats+olaz eed dation mi our co "?wmN,_ 1 am sure that if this were on a. voter referendum, it would be approved by the majority vote of the ci .ens Olf "Akple ood y a Wage tom . �'i h youi 3. s+)? m of denying this wonderfull proposal of Summerhill of Maplewood, rbank you for the -time that you and your fellow Council members have spent reviewing the Elroy. Si„erely o#�ert M- Mennen -