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HomeMy WebLinkAbout04-25-2005MINUTES MAPLEWOOD CITY COUNCIL 7:03 P.M. Monday, April 25, 2005 Council Chambers, City Hall Meeting No. 05-07 A. B. C. D. E F. 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 7:03 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, April 11, 2005 Councilmember Juenemann moved to approve the minutes from the April 11, 2005 City Council/Manager workshop as presented. Seconded by Councilmember Koppen Ayes-All 2. Minutes from City Council Meeting-April 11, 2005 Councilmember Monahan-Junek moved to approve the minutes from the April 11, 2005 City Council Meeting as amended. Seconded by Councilmember Koppen Ayes-All APPROVAL OF AGENDA F1. Proclamation for AARP F2. Proclamation for Falun Dafa M1. Earth Day at the Maplewood Nature Center M2. 2005 Citizens Police Academy M3. Birthday of Former Mayor Rossbach Councilmember Monahan-Junek moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes-All APPOINTMENTS/PRESENTATIONS 1. Proclamation -National Tinnitus Awareness Week a. Mayor Cardinal read the proclamation. City Council 04-25-OS Councilmember Koppen moved to adopt the following proclamation announcing May 21- 28, 2005 National Tinnitus Awareness Week: PROCLAMATION Whereas, approximately 50 million Americans are afflicted with tinnitus, a medical condition what causes a person to hear noises like hissing, ringing, or whooshing when no external source is present; and Whereas, approximately 12 million Americans suffer such debilitating symptoms from their tinnitus that they are forced to seek medical help; and Whereas, many tinnitus sufferers think the only solution to their condition is to "learn to live with it"; and Whereas, tinnitus presently has no cure, and the American Tinnitus Association would like to rally support for research around a theme of Now Cure This! And, whereas, in many cases, simple hearing protection and awareness of risk would help protect people form hearing loss or further damage to their hearing; and Whereas, this proclamation would help inform children and adults about the three basic rules that help protect good hearing: 1. Turn down the volume when it's too loud. 2. Use earplugs or earmuffs in noisy environments. 3. Walk away from noises that are too loud. Whereas, the American Tinnitus Association has taken as its mission the charge to silence tinnitus through education, advocacy, research, and support, and is celebrating National Tinnitus Awareness Week 2005 as a means of raising public awareness, educating people throughout these United States, and advancing the quest for cures, Now, therefore, I, Bob Cardinal, Mayor of Maplewood, do hereby proclaim National Tinnitus Awareness Week, May 21-28, 2005. Seconded by Councilmember Rossbach Ayes-All Proclamation for AARP a. Mayor Cardinal read the proclamation. Councilmember Rossbach moved to adopt the following proclamation of appreciation for AARP Volunteer Tax-Aide team who has provided tax free law training and tax preparation services at the Maplewood Community Center for the past seven years: CERTIFICATE OF APPRECIATION WHEREAS, AARP Volunteer Tax-Aide Team has provided free tax law training and tax preparation services at the Maplewood Community Center for the past seven years; and City Council 04-25-OS WHEREAS, the AARP Volunteer Tax-Aide Team volunteered over 800 hours, electronically filing over 850 Minnesota and Federal tax returns in 2005; and WHEREAS, the AARP Volunteer Tax-Aide Team also provided an uncounted number of rent credit and property tax refunds; and WHEREAS, the AARP Volunteer Tax-Aide Team worked under the direct supervision, coordination and direction of long-time Maplewood resident Mr. Milo Thompson; and WHEREAS, the services that were provided could never be measured in dollars and/or financial terms, but rather they are measured in human terms through impacting each individual's life in a positive and personal manner. NOW, THEREFORE, BE IT RESOLVED, that on behalf of the city of Maplewood, Minnesota, and the over 2,000 individuals who have been provided personal, professional, "free" tax services, the city council hereby resolves that the AARP Volunteer Tax-Aide Team and Mr. Milo Thompson be extended our heartfelt gratitude and appreciation for their dedicated, unselfish and committed service. Seconded by Councilmember Koppen Ayes-All Proclamation for Falun Dafa a. Mayor Cardinal read the proclamation: Councilmember Koppen moved to adopt the following proclamation announcing May 13- 20, 2005 Falun Dafa Week: Proclamation Whereas, Falun Dafa, also known as Falun Gong, is a powerful mind/body cultivation system originating in prehistoric China and made public by Master Li Hongzhi in 1992; and Whereas, Falun Dafa is a form of what the Chinese call gigong (pronounced "thee-gong"), a system of exercises and teachings that deeply transform the mind and body, whose practitioners experience improved health and newfound energy to mental clarity, stress relief and peace of mind and surveys strongly attest to Falun Dafa's power of resolving conditions that other forms of healing do not; and Whereas, Falun Dafa is practiced in more than 40 countries, by millions of people of all ages, cultures and backgrounds, and almost every state in the United States has Falun Dafa practitioners and exercise locations; and Whereas, Falun Dafa was introduced to Minnesota in the fall of 1998 and since then, volunteers offer free instruction and convene regular group exercise practice sites in the Twin Cities, including Como Park in Saint Paul, the University of Minnesota and Pathways in Minneapolis; Now, Therefore, I, Bob Cardinal, Mayor of the City of Maplewood, do hereby proclaim May 13-20, 2005 Falun Dafa Week in the City of Maplewood and urge citizens to become acquainted with this ancient City Council 04-25-OS practice which encourages its practitioners to live according to Zhen-Shan-Ren (Truth, Compassion and Tolerance). Seconded by Councilmember Juenemann Ayes-All G. CONSENT AGENDA Councilmember Koppen moved to adopt consent agenda items: 1, 3, 4, 6, 7, 9-15. Seconded by Councilmember Monahan-Junek Ayes-All Councilmember Juenemann moved to adopt consent agenda item 2. David Steele, the developer of Sibley Cove, addressed council concerns. Seconded by Councilmember Monahan-Junek Ayes-All Councilmember Monahan-Junek moved to adopt consent agenda item 5. Seconded by Councilmember Koppen Mayor Cardinal moved to adopt consent agenda item 8. Seconded by Councilmember Monahan-Junek 1. Approval of Claims ACCOUNTS PAYABLE: $ 132,880.76 Checks # 66667 thru # 66718 dated 4/12/05 Ayes-All Ayes-Mayor Cardinal, Councilmembers Juenemann, Monahan-Junek and Rossbach Abstain-Councilmember Koppen $ 650,460.49 Disbursements via debits to checking account dated 4/01/05 thru 4/07/05 $ 52.00 Checks # 66719 dated 4/12/05 $ 115,873.32 Checks # 66720 thru # 66760 dated 04/15/05 thru 04/19/05 $ 288,745.91 Disbursements via debits to checking account dated 04/08/05 thru 04/13/05 $ 1,188,012.48 Total Accounts Payable PAYROLL City Council 04-25-OS 4 Payroll Checks and Direct Deposits dated 4-08- $ 447,405.13 O5 5,520.38 Payroll Deduction check # 100981 thru # 100986 dated 4-08-05 $ 452,925.51 Total Payroll $1,640,937.99 GRAND TOTAL 2. Conditional Use Permit Review -Sibley Cove (1996 County Road D) Approved to review the conditional use permit (CUP) fir the Sibley Cove Apartments at 1996 County Road D again in six months (October 2005) or sooner if the owner proposes a major change to the site. 3. Conditional Use Permit Review -Van Dyke Village (2191- 2231 Van Dyke Street) Approved to review the conditional use permit (CUP) for the Van Dyke Village Town houses at 2191-2231 Van Dyke Street again in one year or sooner if the owner proposes a major change to the site. 4. Conditional Use Permit Review - Gruber's Power Equipment (1762 White Bear Avenue) Moved to review the conditional use permit for Gruber's Power Equipment for exterior storage at 1762 White bear Avenue again in six months (October 2005). 5. Purchase of 2005-2006 Winter Road Salt Authorized the purchase of road salt under the state contract, not to exceed $35,000. Legacy Parkway Improvements, City Project 03-26 -Resolution for Modification of Existing Construction Contract, Change Order No. 2 Adopted the following resolution directing the Modification of the Construction Contract with Ryan Contracting by $84,826.83 for the Legacy Parkway Improvements, City Project 03-26, by approving Change Order No. 2: RESOLUTION 05-04-046 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-26, Legacy Parkway Improvements, Southlawn to Hazelwood, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-26, Change Order No. 2. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 in the City Council 04-25-OS amount of $84,826.83. The revised contract amount is $1,315,178.03. No revision to the financing plan is required at this time as all items fall within the proposed budget. Waive Temporary Food Permit Fee for Ramsey County Voiture 838 at Ramsey County Fair Approved the fee waiver for the temporary food permit for Ramsey County Voiture at 838 Arcade-Phalen Post 577 of the American Legion to be used at the Ramsey County Fair. Council approval for Temporary Gambling and Beer Permits for St. Paul East Parks Lions Club at Ramsey County Fair Adopted the following resolution for a temporary gambling license and a 3.2 beer permit for Ramsey County Fair that will be held from July 13 - 17: RESOLUTION 05-04-047 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for St. Paul East Parks Lions Club. 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. Budget Changes for Fire Fighters Pension Approved the appropriate budget changes for the additional state aid of $7,000 and $9,980 increase in pension payments. 10. Closure of Street Construction State Aid Fund Authorized a transfer of $3,716.83 from the SCSA Fund to the fund for project 02-21 and approved the appropriate budget changes. 11. Closure of Debt Service Funds Authorized the following: (1) A transfer of $554,252.41 from the fund for the Improvement Refunding Bonds Series of 2004A to close the fund for the Improvement bonds Series 1995A, (2) a transfer of $149,308.43 from the fund for the Tax Increment Refunding Bonds Series 2004E to close the fund for the Tax Increment Bonds Series 19956, and (3) the appropriate budget changes. 12. Transfers to Close Funds for Improvement Projects Authorized the following transfers: City Council 04-25-OS 1) A transfer of $17,470.41 from the fund for Project 01-21 to the Sewer Fund 2) A transfer of $9,305.46 from the fund for Project 03-02 to the fund for Project 02-14 3) A transfer of $97,505.63 from the fund for Project 03-02 to the fund for Project 01-09 4) A transfer of $23,813.00 from the Sewer Fund to the fund for project 02-04 5) A transfer of $12,342.39 from the fund for Project 02-04 to the fund for Project 01-14 6) A transfer of $47,044.00 from the Sewer Fund to the fund for Project 00-03 7) A transfer of $18, 315.69 from the fund for Project 00-03 to the fund for Project 01-04 8) A transfer of $82,320.18 from the fund for Project 00-03 to the fund for Project 98-12 9) A transfer of $388,833.66 from the fund for Project 00-03 to the fund for Project 01-14 10) The appropriate budget changes 13. Joint Powers Agreement with the City of Mahtomedi Approve to enter into the joint powers agreement with the City of Mahtomedi to provide lifeguard services. 14. Joint Powers Agreement with the City of Oakdale Approve to enter into the joint powers agreement with the City of Oakdale to provide aquatic and administrative services for Tanners Beach. 15. Joint Powers Agreement with the Town of White Bear Approve to enter into the joint powers agreement with the Town of White Bear to provide aquatic and administrative services for Bellaire Beach. H. PUBLIC HEARINGS 1. 7:27 p.m. Tax-exempt Financing Request -Vomela (Highway 36 and English Street) a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Randy Hines, representing Vomela, Highway 36 and English, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Juenemann moved to adopt the following resolution giving host approval for up to $3.5 million intax-exempt revenue financing for Vomela, including funds for use at their facility at 2354 English Street: City Council 04-25-OS RESOLUTION 05-04-048 RESOLUTION CONSENTING TO THE ISSUANCE OF REVENUE BONDS BY THE PORT AUTHORITY OF THE CITY OF SAINT PAUL ON BEHALF OF VOMELA SPECIALTY, INC. RESOLUTION CONSENTING TO THE ISSUANCE OF REVENUE BONDS BY THE PORT AUTHORITY OF THE CITY OF SAINT PAUL ON BEHALF OF VOMELA SPECIALTY, INC. BE IT RESOLVED by the Maplewood City Council (the "City"), as follows: SECTION 1 Recitals 1.1 The Port Authority of the City of Saint Paul (the "Port Authority") has previously issued its $3,255,000 Industrial Development Revenue Refunding Bonds (the "2002 Bonds', and loaned the proceeds to Vomela Specialty, Inc. (the "Company!'). These proceeds were to refinance the construction of a facility located in the Riverview Industrial Park in Saint Paul, Minnesota, in which the Company has a facility, and to provide financing for the purchase of printing equipment the Company will use at the Project. The Port Authority has now received a proposal from the Company requesting that the Port Authority consider the issuance of approximately $3,500,000 of 2005 Bonds (which may be in the form of one or more notes or series) (the "2005 Bonds").These bonds would be to provide financing for the purchase of additional printing equipment, some of which the Company is likely to use at its Maplewood facility (the "Project'. 1.2 The Company has represented to the City that the Project will assist the Company in improving its facilities in the City, for the benefit of the residents of the City and surrounding area; that the issuance oftax-exempt or taxable revenue bonds is essential to the successful completion of the Project; and that the Port Authority has evidenced a willingness to issue tax-exempt or taxable revenue bonds and loan the proceeds thereof to the Company to finance the proposed Equipment. 1.3 A notice of public hearing was published on April 6, 2005 in the Maplewood Review. Pursuant to such notice, the Maplewood City Council held a public hearing about the proposal of the Company to finance the Equipment through the issuance of revenue bonds by the Port Authority. The city council heard from all those at the hearing who desired to speak, and in connection with the hearing, the City took written comments in advance. SECTION 2 Consent to Issuance 2.1 On the basis of the information given to the City to date, the City hereby consents to the issuance by the Port Authority of approximately $3,500,000 of its revenue bonds, and the loan of the proceeds thereof to the Company to finance the Project. The adoption of this resolution shall not be deemed, however, to establish a legal obligation on the part of the City, its Council or the Port Authority to issue orto cause the issuance of the Bonds. The Bonds, if issued by the Port Authority, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City or the Port Authority. The Bonds shall be payable solely from said revenues and property of the Company specifically pledged to the payment thereof, and shall not constitute a debt or pecuniary liability of the City or the Port Authority within the meaning of any constitutional or statutory limitation. 2.2 The appropriate officers of the City are hereby authorized and directed to execute any documents and certificates that the Port Authority or its bond counsel reasonably requires to the transaction described herein. The execution of the documents and certificates or any other instrument by the City Council 04-25-OS appropriate officer or offices of the City shall be conclusive evidence of the approval of such documents in accordance with the terms of this resolution. Seconded by Councilmember Koppen Ayes-All 2. 7:35 p.m. Gladstone North Area Street Improvements, City Project 04-15 - Resolution Adoption of Assessment Roll a. City Manager Fursman presented the report. b. Public Works Director Ahl presented specifics from the report and read two additional addresses into the record that were not included in the staff report (1384 Eldridge Avenue East, owner, Ellen Schwartz 1366 Eldridge Avenue East, owner William Priebe.) c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Richard Esbolt, 1970-1974 Dieter Street, Maplewood Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue, Maplewood David Davidson, 1984 Barclay Street, Maplewood Robert King, 1460 Belmont Lane, Maplewood Mayor Cardinal closed the public hearing. Councilmember Juenemann moved to adopt the following resolution for the adoption of the assessment roll for the Gladstone North Area Street Improvement Proiect, City Proiect 04-15: RESOLUTION 05-04-049 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on March 28`h, 2005, calling for a Public Hearing, the assessment roll for the Gladstone North Area Street Improvements, City Project 04-15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: Richard and Marcile Esbolt, 1970-1974 Dieter Street Sayed and Kathryn EI-Kandelgy, 1976 Eldridge Gladys Olson, 1999 Clarence Street Judy Widholm, 1424 Burke Avenue Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 9`h, 2005, as to their recommendations for adjustments. 2. The assessment roll for the Gladstone North Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is City Council 04-25-OS hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2006 and shall bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2005, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2003, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2005, but no later than November 15, 2005, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Koppen Ayes-All 8:10 p.m. Springside Drive Extension, City Project 03-36 -Resolution Adoption of Assessment Roll City Manager Fursman presented the report. Public Works Director presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Patrick Steinhoff, 220 South 6`h Street, Minneapolis, Representing homeowner's Brad and Dawn Fedorowski, 2439 Springside Drive, Maplewood Daniel Billig, 2383 Linwood Avenue, Maplewood Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution for the adoption of the assessment roll for the Springside Drive Extension, City Proiect 03-36. All the obiections will be addressed with a report back to the council on May 9, 2005: RESOLUTION 05-04-050 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on August 9th`h, 2004, calling for a Public Hearing, the assessment roll for the Springside Drive Extension, City Project 03-36, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429: City Council 04-25-OS 10 1. Brad and Dawn Fedorowski, 2439 Springside Drive (PIN 122822340072) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 6. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 9`h, 2005, as to their recommendations for adjustments. The assessment roll for the Springside Drive Street Extension as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 8. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2006 and shall bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 9. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2005, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2005, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 10. The city engineer and city clerk shall forthwith after October 1, 2005, but no later than November 15, 2005, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Juenemann Ayes-All AWARD OF BIDS Employee Uniforms and Floor Mats City Manager Fursman presented the staff report. Assistant City Manager Coleman presented specifics from the report. Councilmember Rossbach moved to award a five year contract for city employee uniform and floor mat service to G & K Services. Seconded by Councilmember Koppen Ayes-All Public Works Building Addition -City Project 03-19 -Resolution Receiving bids, rejecting all bids, approving revised project plans and authorizing receipt of bids City Council 04-25-OS 11 City Manager Fursman presented the staff report. Public Works Director presented specifics from the report. Councilmember Koppen moved to adopt the following resolution receiving the proiect bids, requesting all building expansion bids, awarding a contract to Greystone Construction in the amount of $92,500 for the Salt Storage Facility, approving the revised proiect plans and specifications for the Public Works Building expansion, City Project 03-19, and authorized the receipt of bids at 10:00 a.m. on May 23, 2005: RESOLUTION 05-04-051 RECEIVING PROJECT BIDS, REJECTING BIDS AWARDING CONTRACT FOR SALT BUILDING APPROVING REVISED PROJECT PLANS AND SPECIFICATIONS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on March 14, 2005, plans and specifications for the Public Works Building Expansion, City Project 03-19, were prepared by (or under the direction of) the city engineer, and bids were received on April 14, 2005, as follows: Building Expansion Bid Amount Architect's Estimate $2,000,000 Ebert Construction $2,468,000 Jorgenson Construction $2,579,000 Merrimac Construction $2,582,291 Weber, Inc. $2,601,000 Arkay Construction $2,652,000 Meisinger Construction $2,755,000 Salt Storage Building Bid Amount Greystone Construction $92,500 Ebert Construction $122,000 Architect's Estimate $100,000 WHEREAS, the overall project budget has been established at $2,350,000 by City Council motion, which does not provide adequate funding for the construction of the project, and WHEREAS, the Director of Public Works/City Engineer has presented a revised set of plans potentially eliminating work that will bring the project within the City Council budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD. MINNESOTA: 1. The bids received for the Building Expansion are hereby rejected and the Public Works Director is hereby directed to return the bid bonds accompanying said bids. 2. The revised plans and specifications, acopy 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. 3. 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 19th day of May, City Council 04-25-OS 12 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. 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 23, 2005. 4. The bid of Greystone Construction in the amount of $92,500 is the lowest responsible bid for the construction of the Salt Building Facility and the mayor and manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. Seconded by Councilmember Monahan-Junek Ayes-All Gladstone North Area Street Improvements, City Project 04-15 and Springside Drive Extension, City Project 03-36 -Resolution for Award of Bids City Manager Fursman presented the staff report. Public Works Director Ahl presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolution accepting the bids, combining projects and awarding the contract to T.A. Schifsky and Sons, Inc. in the amount of $1,766,328.58: RESOLUTION 05-04-052 COMBINING PROJECTS AND AWARD OF BIDS WHEREAS, the city engineers deems it in the best interest of the city to combine the Gladstone North Area Street Improvements, City Project 04-15 and Springside Drive Street Extension, City Project 03-36 for bidding and award of bid, and AND WHEREAS, pursuant to resolution passed by the city council on March 14`h, 2005, for advertising for bid for Gladstone North Area Street Improvements, Project 04-15 and Springside Drive Extension, Project 03-36 bids were received opened and tabulated according to law, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, 1. The Gladstone North Area Street Improvements, City Project 04-15 and Springside Drive Street Extension, City Project 03-36 shall be combined for bidding and award of bid. 2. The bid of T.A. Schifsky & Sons, Inc. in the amount of $1,766,328.32 is the lowest responsible bid for the construction of Gladstone North Area Street Improvements, City Project 04-15 and Springside Drive Extension Project 03-36, 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 Koppen Ayes-All UNFINISHED BUSINESS None City Council 04-25-OS 13 K. NEW BUSINESS 1. Easement Vacation (Wyngate Town Homes -Legacy Village) a. City Manager Fursman presented the staff report. b. Senior Planner Ekstrand presented specifics from the report. c. Commissioner Fischer presented the Planning Commission Report Councilmember Juenemann moved to adopt the following resolution vacating an unneeded drainage and utility easement on the Wyngate Townhouse site. This vacation is because it is in the public interest since this drainage and utility easement would serve no public purpose: EASEMENT VACATION RESOLUTION 05-04-053 WHEREAS, Mr. Frank Janes, of The Hartford Group, applied for the vacation of the following: Vacating the Drainage and Utility Easement as Dedicated on the plat of LEGACY VILLAGE OF MAPLEWOOD, Ramsey County, Minnesota over that part of Lot 1 and Lot 4, Block 2 described as follows: Commencing at the Southwest corner of said Lot 4, thence North 2 degrees 50 minutes 09 seconds West along the West line of said Lot 4, a distance of 10.01 feet to the point of beginning of the easement to be vacated; thence North 89 degrees 46 minutes 12 seconds East a distance of 10.01 feet; thence North 2 degrees 50 minutes 09 seconds West a distance of 144.94 feet; thence North 2 degrees 49 minutes 52 seconds East a distance of 21.43 feet; thence South 44 degrees 49 minutes 03 seconds West a distance of 27.66 feet; thence South 89 degrees 46 minutes 12 seconds West a distance of 1.50 feet; thence South 2 degrees 49 minutes 52 seconds West a distance of 1.78 feet; thence South 2 degrees 50 seconds 09 minutes East a distance of 145.02 feet; thence South 89 degrees 46 minutes 12 seconds West a distance of 10.01 feet to the point of beginning. WHEREAS, on April 4, 2005, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on April 25, 2005, the city council approved this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city approves this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described vacation because it is in the public interest since this right-of-way is not needed for any public purpose. Seconded by Councilmember Monahan-Junek Ayes-All Heritage Square Fourth (County Road D, west of Highway 61) Preliminary Plat Parking Lot Setback Variance Design Approval City Council 04-25-OS 14 a. City Manager Fursman presented the staff report. b. Senior Planner Ekstrand presented specifics from the report. d. Planning Commissioner Fischer presented the planning commission report. e. James Kellison, the project Developer was present to answer questions from the council. f. Kevin Clark, Representing Town & Country Homes also answered council questions. g. The following persons were heard: Kelly Lenz, 3027 Duluth Street, Maplewood Dr. Jennifer Bouthilet-Owner of Hillcrest Animal Hospital John Currier, 2962 Duluth Street, Maplewood Helmut Tetzlaff, 1260 Highridge Court, Maplewood Councilmember Monahan-Junek moved to approve the preliminary plat date-stamped February 8, 2005 for the Heritage Square 4`h Addition subject to the following conditions: 1. The applicant shall dedicate trail easements and drainage and utility easements as recommended by Chris Cavett in his memo dated March 1, 2005. 2. The applicant shall sign a developer's agreement with the city for the construction and dedications of: a. Watermain between the south drive and the Duluth Street stub. b. Trail construction. c. Easement dedications for trails, storm sewer, utilities and Watermain. d. Native turf establishment adjacent to the ponds. e. Other issues deemed necessary by the city engineer. The applicant, or the seller of this property to the applicant, shall provide a deed restriction, be filed with Ramsey County, stating that the Prokosch site shall not be developed with more than one single family home. This document shall be submitted to the city attorney for approval. Seconded by Councilmember Koppen Ayes-All Councilmember Koppen moved to approve the plans date-stamped February 8, 2005 for the Heritage Square 4`h Addition. The developer shall comply with the following conditions: 1. Comply with the requirements of the city engineer and those of Chris Cavett in his report dated March 1.2005. 2. Meet all requirements of the building official and fire marshal. 3. Obtain all required permits from the Ramsey-Washington Metro Watershed District. 4. Revise the site plan to provide a 15-foot setback for the proposed frontage drive and visitor parking spaces or obtain a setback variance from the city council. The applicant must provide at least .5 parking spaces for each unit. The northernmost building needs two additional visitor spaces. Revise the site plan to provide pedestrian trails as recommended by Mr. Cavett in his memo dated March 1, 2005. The applicant shall construct these trails as part of this development. City Council 04-25-OS 15 6. The city will allow one building permit before the plat is filed. The plat must be recorded before the city will issue permits for any additional buildings. 7. Repeat this review in two years if the city has not issued a building permit for this project. 8. The applicant shall install an inground irrigation system for all landscaped areas. 9. The applicant shall provide a lighting plan for staff approval before getting a building permit for the first building. 10. A temporary sales office is allowed until the time a model unit is available for use. Such a temporary building shall be subject to the requirements of the building official. 11. The director of community development may approve minor changes to these plans. Seconded by Councilmember Rossbach Ayes-All Councilmember Koppen moved to adopt the following resolution approving alive-foot parking and driveway setback variance form the future County Road D Extension right-of-way line: VARIANCE RESOLUTION 05-04-054 WHEREAS, Town and Country Homes applied for a variance from the zoning ordinance. WHEREAS, this variance applies to the proposed townhome development site west of the future County Road D Extension. The legal description is: LOT 8, BLOCK 1, HERITAGE SQUARE 4T"ADDITION WHEREAS, Section 44-20(C) (5) (a) of the Maplewood Code of Ordinances requires that parking lots be set back at least 15 feet from a street right-of-way. WHEREAS, the applicant is proposing aten-foot front setback. WHEREAS, this requires a variance of five feet. WHEREAS, the history of this variance is as follows: On April 4, 2005, the planning commission held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission recommended that the city council approve this variance. The City Council held a public meeting on April 25, 2005. The council considered reports and recommendations from the city staff and planning commission. The city council agreed this variance request. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described variance for the following reasons: (1) Complying with the 15-foot parking IoUdriveway setback code would cause the applicant undue hardship due to the narrow shape of the site which makes setback compliance difficult. City Council 04-25-OS 16 (2) Relocating the parking lots, frontage drive and buildings to the west would require additional grading and slope stabilization and would impact the neighbors by reducing the building setback to the west. (3) The variance would meet the spirit and intent of the ordinance since there would still be adequate area to plant trees between the driveway curbing and the front lot line. The reduced setback would also not be visually noticeable. Approval of this variance is conditioned upon the applicant providing a 10-foot pavement setback in order to stay off of the required 10-foot-wide utility easement. As required previously, the applicant must also provide at least nine visitor parking spaces for the northerly building. Seconded by Councilmember Monahan-Junek Ayes-All Council took a five minute recess. White Bear Avenue at Community Center -Resolution Requesting Ramsey County Consideration of Turn Lane Improvements City Manager Fursman presented the staff report. Public Works Director Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution requesting Ramsey County to conduct a study of White Bear Avenue at the Maplewood Community Center for the possibility and programming of turn lanes: RESOLUTION 05-04-055 REQUESTING TRAFFIC STUDY WHITE BEAR AVENUE AT MAPLEWOOD COMMUNITY CENTER WHEREAS, traffic volumes along White Bear Avenue between County Road B and Frost Avenue have substantially increased in the past five years; and WHEREAS, Maplewood has observed conflicts and delays with turning movements into and from the Maplewood Community Center; and WHEREAS, Ramsey County has jurisdiction over White Bear Avenue. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, 1. The City of Maplewood does hereby request of Ramsey County to conduct a traffic study of White Bear Avenue between County Road B and Frost Avenue. 2. The City of Maplewood does hereby request of Ramsey County to consider the installation of turn lanes to White Bear Avenue to assist with the safe movement of traffic into and from the Maplewood Community Center. Seconded by Councilmember Rossbach Ayes-All White Bear Avenue Improvements -City Project 02-21 -Resolutions Approving Joint Powers Agreement Revision with Ramsey County and Increasing Project Budget City Manager Fursman presented the staff report. Public Works Director Ahl presented specifics from the report. City Council 04-25-OS 17 Councilmember Koppen moved to adopt the following resolution approving the Joint Powers Cooperative Agreement with Ramsey County and increase the Project Budget for the White Bear Avenue Improvements (Radatz to Buerkle,) City Proiect 02-21: RESOLUTION 05-04-056 APPROVING COOPERATIVE AGREEMENT AND REVISING PROJECT BUDGET WHEREAS, preliminary studies conducted by the City of Maplewood, Ramsey County and the Minnesota Department of Transportation (MnDOT) indicate that it is feasible, practical and technically proper to combine the White Bear Avenue (CSAH 65) Radatz Avenue to County Road D project with the White Bear Avenue / I-694 Interchange project; and WHEREAS, Ramsey County and Maplewood have previously entered into a Cooperative Agreement funding arrangement establishing a 50°~ County - 50°~ City arrangement for cost splits on engineering studies after MnDOT and Federal Funding is received in Cooperative Agreement PW2003-06; and WHEREAS, the City Engineer has reported the need for additional studies and investigations regarding the approvals for improvements to White Bear Avenue and the White Bear Avenue/I-694 interchange; and WHEREAS, Ramsey County and the City of Maplewood have successfully applied for federal funding for the improvement of White Bear Avenue between Radatz and County Road D in Maplewood. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, 1. The Cooperative Agreement Revision in the amount of $52,125.00 is hereby approved and the Mayor and City Manager are hereby authorized to execute said agreement. 2. The project budget for the White Bear Avenue project is hereby increased by $200,000, which shall include the funds to be received from Ramsey County under the Cooperative Agreement and the city-share, which shall be designated to reimburse from the Municipal State Aid Street Account. 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 5. TH 61 -County Road DCourt - TH 61 Frontage Road Improvements -City Projects 03- 07 / 04-06 / 04-25 -Resolution Combining Projects for Bidding; Approving Plans and Specifications; and Authorizing Receipt of Bids 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 combining the TH 61 Improvements; County Road D Court; and TH 61 East Frontage Road proiects for bidding; approving the plans and specifications for each of the three proiects; and authorizing receipts of bids on either May 26 or June 3 at 10:00 a.m. with the specific date to be determined by the city Engineer: City Council 04-25-OS 18 RESOLUTION 05-04-057 COMBINING PROJECTS FOR BIDDING APPROVING PLANS AND SPECIFICATIONS AUTHORIZING BIDS WHEREAS, pursuant to resolution passed by the city council on May 24th, 2004, plans and specifications for TH 61 Improvements (Beam Ave. to Interstate 694), Project 03-07 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, and WHEREAS, pursuant to resolution passed by the city council on December 13th, 2004, plans and specifications for County Road D Court (TH 61 to new County Road D), Project 04-06 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, and WHEREAS, pursuant to resolution passed by the city council on December 13th, 2004, plans and specifications for TH 61 East Frontage Road Improvements, Project 04-25 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, and WHEREAS, the City Engineer has recommended that it would be in the City's best interests for cost and construction coordination issues that these three said projects be combined for bidding and construction purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy 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 28th day of May, 2005, (or, if necessary as determined by the City Engineer to meet MnDOT requirements at 10:00 am on the 3'' day of June, 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 June 13`h, 2005. Seconded by Councilmember Rossbach Ayes-All 6. County Road DCourt -City Project 04-06 -Approve Exchange Agreement with Hillcrest Animal Hospital a. City Manager Fursman presented the staff report. b. Public Works Director Ahl presented specifics from the report. Councilmember Koppen moved to approve the attached agreement with Xaris Properties for the County Road D Court Improvements (New County Road D to TH 61), City Proiect 04-06 and authorized the Mayor and City Manager to execute the agreement: City Council 04-25-OS 19 EXCHANGE AGREEMENT This Agreement, dated April , 2005, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City")and Xaris Properties, LLC, a limited liability company in the State of Minnesota (hereinafter "Xaris"). WHEREAS, the City is undertaking a project known as the County Road D Court Improvements, Project Number 04-06; WHEREAS, Xaris owns property in the County of Ramsey, State of Minnesota with said Project Area, legally described as: That part of the Northwest Quarter of Section 3, Township 29, Range 22 which lies North and West of the Saint Paul and White Bear State Highway and North of a line described as follows: Beginning at a point in the West line of said Section 3, which point is 185.55 feet South of the Northwest corner of said Section 3; thence Southeasterly in a straight line 406.11 feet to a point in the centerline of Saint Paul and Duluth Highway No. 61, which point is 323.36 feet southwesterly from the point of intersection of said centerline of said highway with the North line of said Section 3. "Subject Property;" WHEREAS, Xaris owns the Subject Property; WHEREAS, the City is in need of a roadway parcel portion of the Subject Property for roadway purposes and a temporary easement for construction purposes over, under and across the Subject Property. Said roadway parcel being that part of the above described parcel lying northerly of the following described line: Said line commences at the northwest corner of said Northwest Quarter; thence south 01 degrees 13 minutes 44 seconds east, assumed bearing, along the west line of said Northwest Quarter, a distance of 33.01 feet; thence south 89 degrees 50 minutes 48 seconds east, parallel with the north line of said Northwest Quarter, a distance of 147.05 feet to the point of beginning of the line to be described: thence southeasterly, easterly and northeasterly a distance of 106.55 feet along anon-tangential curve, concave to the north, having a radius of 56.67 feet, a central angle of 107 degrees 43 minutes 44 seconds, a chord length of 91.54 feet and a chord bearing of south 89 degrees 50 minutes 48 seconds east, to the south line of the north 33 feet of said Parcel (also being the south line of County Road D) and there terminating. less "Roadway Parcel" Said roadway parcel containing 1,490 square feet (0.034 acres), more or Said temporary easement being that part of the above described parcel (Subject Property) described as follows: The south 10.00 feet of the north 43.00 feet of the west 94.48 feet of said parcel, which lies adjacent to and southerly of the south right of way of County Road D. "Temporary Easement Property" Said temporary easement containing 945 feet (0.022 acres), more or less. WHEREAS, in exchange for grant of fee simple title to the above-described Roadway Parcel the City shall pay Xaris consideration of five thousand, nine hundred and sixty dollars ($5,960); WHEREAS, in exchange for grant of a temporary easement over, under and across the above-described Temporary Easement Property by Xaris, the City shall pay Xaris consideration of City Council 04-25-OS 20 one dollar ($1.00); WHEREAS, City's roadway and construction purposes will result in the removal or destruction of certain Signage currently in use on Subject Property; and WHEREAS, in exchange for the grant of fee simple title to the above described Roadway Parcel and a temporary easement over, under and across the above-described Temporary Easement Property by Xaris, the City shall pay Xaris additional consideration for the relocation or replacement of said Signage not to exceed Ten Thousand Dollars ($10,000), NOW THEREFORE, Xaris agrees to the following: 1. Xaris agrees to convey to the City fee simple title by Warranty Deed to the above-described Roadway Parcel free of all encumbrances and to obtain all necessary mortgage releases. The total area of the Roadway Parcel is 1,490 square feet, as described in attached Exhibit A and illustrated in attached Exhibit B. Xaris agrees to be responsible for paying all real estate taxes on the Roadway Parcel due at the time of the exchange. Real estate taxes must be paid priorto recording the deed. 2. Xaris agrees and dedicates unto the City a temporary construction easement over, under and across the above-described Temporary Easement Property. The City's rights under this Agreement shall commence upon the execution of this Agreement by Xaris and the City and shall automatically expire on the 1st day of September, 2006 ("Term"). This Agreement shall be of no further force or effect after the expiration of the Term. 3. Xaris agrees to execute all documents necessary to fulfill the obligations and terms of this Agreement. 4. Xaris agrees to pay all assessments on Subject Property outstanding or pending. Xaris further agrees not to contest an assessment amount of $19,594.34 or lower for the County Road D Court improvements. Xaris 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). Xaris represents and warrants to the City that: A. Xaris has all requisite power and authority to convey to the City fee simple title to Roadway Parcel and the officers of the Xaris who execute the conveyance on behalf of Xaris have the power and authority to do so and bind the Xaris. B. Xaris has all requisite power and authorityto grant the Temporary Easement and the officers of the Xaris who execute the Temporary Easement on behalf of Xaris have the power and authority to do so and bind the Xaris. C. To the best of the knowledge of Xaris, after due investigation, the conveyance of the Roadway Parcel pursuant thereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement applicable to the Roadway Parcel, or to Xaris. D. To the best of the knowledge of Xaris, after due investigation, the granting of temporary easement to the Temporary Easement Property pursuant thereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement applicable to the Temporary Easement Property, or to Xaris. E. Xaris has not used the Roadway Parcel or Temporary Easement Property and, to the best of Xaris's knowledge, the Roadway Parcel and Temporary Easement Property have never been used City Council 04-25-OS 21 for the production, storage, deposit or disposal of toxic, dangerous or hazardous substance pollutants, wastes or contaminations, including but not limited to nuclear fuel or wastes or wastes that are considered hazardous by law and regulations, and to the best of Xaris's knowledge and belief, no such substances, pollutants, wastes or contaminants exist on the Roadway Parcel or Temporary Easement Property. To the best of Xaris's knowledge and belief, there are no underground storage tanks on or under the Roadway Parcel or Temporary Easement Property. F. Xaris will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. G. Xaris has good and marketable title in fee simple to the Roadway Parcel free and clear of all liabilities, liens, leases, encumbrances, assessments, obligations, charges and options of any kind whatsoever, except for such matters, if any, to which the City, at its option, may consent to in writing, and except for permitted encumbrances. H. To the best of the knowledge of Xaris after due investigation, there exists no judgment, lien, suit, action or legal, administrative, arbitration or other proceeding, or any change in the zoning or building ordinances affecting the Roadway Parcel or Temporary Easement Property pending or, to the best of Xaris's knowledge and belief, threatened against Xaris which could result in a judgment or lien against Xaris or could result in a re-zoning or taking of the Roadway Parcel or Temporary Easement Property; there exists no other basis for any assertion againstXaris which would interfere with or prevent the transactions contemplated hereby. I. Xaris represents that no other parties have an interest in the Roadway Parcel or Temporary Easement Property either by claim of damage or ascertain of any rental or leasing rights. J. Xaris 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. The other representations shall survive only to the extent that the matter represented is to constitute a lien or charge againstthe premises. Upon the material breach of any thereof, the City may declare this Agreement to be null and void. 6. In the event wells are located on the Right-of-Way Property, the responsibility for sealing and capping said wells including all costs is the responsibility of Bloomer Properties. 7. The City's obligation under this Agreement shall be conditioned, for the sole benefit of the City, upon the following: A. Contingent on the City's engineering studies finding that the Roadway Parcel is suitable for the City's intended use. B. Contingent on the City's engineering studies finding that the Temporary Easement Property is suitable for the City's intended use. C. Contingent upon review and approval of final terms by the City Council. 8. If any provision of this Agreement is held invalid, the validity of the remainder of the Agreement shall not be affected thereby. 9. No provision contained in this Agreement shall be deemed to have been abrogated or waived by any reason of any failure to enforce the same. 10. The terms and conditions contained in this Agreement shall run with the land and be binding upon the owners of the Property or any lot located within the boundaries of the Property, their heirs, successors and assigns. City Council 04-25-OS 22 11. This Agreement has been entered into in the State of Minnesota and shall be governed by and construed under the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written: CITY OF MAPLEWOOD Its: Mayor Its: City Manager XARIS PROPERTY, LLC By: STATE OF MINNESOTA ) )ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this-day of , 2005, by Bob Cardinal, the Mayor, and Richard Fursman, the City Manager ofthe CITY OF MAPLEWOOD, a Minnesota municipal corporation, on behalf of the City. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005, by ,the of XARIS PROPERTIES, LLC, a limited liability company in the State of Minnesota on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: KELLY & FAWCETT, P.A. 2350 Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101 Seconded by Councilmember Juenemann Ayes-All City Council 04-25-OS 23 County Road DCourt -City Project 04-06 -Resolutions (2) Ordering Preparation of Assessment Roll, and Ordering Assessment Hearing City Manager Fursman presented the staff report. Public Works Director Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolutions for County Road D Court Improvements, Proiect 04-06-Ordering the Preparation of Assessment Roll and Ordering the Assessment Hearing for 7:00 p.m. Monday. June 13, 2005. RESOLUTION 05-04-058 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the County Road D Court Improvements, Project 04-06. 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. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Rossbach Ayes-All RESOLUTION 05-04-059 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the County Road D Court Improvements, Project 04-06, 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 13`h day of June 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. TH 61 Frontage Road Improvements -City Project 04-25 -Resolutions (3), Ordering Preparation of Assessment Roll, Accepting Assessment Roll and Ordering Assessment Hearing City Manager Fursman presented the staff report. City Council 04-25-OS 24 Public Works Director Ahl presented specifics from the report. Councilmember Rossbach moved to adopt the following resolutions for County TH 61 East Frontage Road Improvements proiect 04-25-Revising Proiect Financing Plan, Ordering the Preparation of Assessment roll and Ordering the Assessment Hearing for 7:15 p.m. Monday. June 13, 2005: RESOLUTION 05-04-060 REVISING PROJECT FINANCING PLAN FOR T.H. 61 EAST FRONTAGE ROAD IMPROVEMENTS, CITY PROJECT 04-25 WHEREAS, on December 13`h 2004, the City Council of Maplewood, Minnesota had heretofore ordered the Improvement of T.H. 61 East Frontage Road Improvements, Project 04- 25, and authorized the finance director implement a financing plan for the project, and WHEREAS, during the design process it the Engineer determined that it was necessary to make revisions to the design and scope of the project, thus increasing the estimated cost of the project, and WHERAS, it is now expedient that the financing plan for the project be revised to reflect the revised project costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the finance director is hereby directed to revise the financing plan for the T.H. 61 East Frontage Road Improvements, Project 04-25 as follows: Approved Funding Revised Funding Assessments: $275,000 $306,400 Cooperative Agreement Funds: 81,085 75,000 Tax Levy 0 39,700 $356,085 $421,100 RESOLUTION 05-04-061 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the T.H. 61 East Frontage Road Improvements, Project 04-25. 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. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION 05-04-062 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the T.H. 61 East Frontage Road Improvements, Project 04-25, and the said assessment roll is on file in the office of the city engineer. City Council 04-25-OS 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 13`h day of June 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. 4. 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 Hazelwood Street Improvements -City Project 03-39 -Resolution Ordering Assessment Hearing City Manager Fursman presented the staff report. Public Works Director Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolutions for Hazelwood Street improvements, Protect 03-39-Ordering the Assessment Hearing for 7:00 p.m., Monday, May 23, 2005 and Revising the protect financing plan: RESOLUTION 05-04-063 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Hazelwood Street Improvements, City Project 03- 39, 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 23'' day of May 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. 5. 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. City Council 04-25-OS 26 RESOLUTION 05-04-064 REVISING PROJECT FINANCING PLAN FOR HAZELWOOD STREET IMPROVEMENTS CITY PROJECT 03-39 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of Hazelwood Street Improvements, project 03-39 and authorized the finance director implement a financing plan for the project, and WHEREAS, the City Council of Maplewood, Minnesota has entered into developer agreements with Southwinds Builders Inc., and WHEREAS, said agreements waive the amount proposed to be assessed to the affected parcels under the Hazelwood Street Improvements, Project 03-39, and WHEREAS, the waiver of these assessments affects the financing plan for the Hazelwood Street Improvements, Project 03-39 it is now expedient that the financing plan for the project be revised to reflect the reduction in proposed assessments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the finance director is hereby directed to revise the financing plan for the Hazelwood Street Improvements, Project 03-39 as follows: Street and Storm Assessments: $ 326,941 (23°~) Municipal State Aid Bonds: $1,016,911 (71°~) Tax Abatement Fund (# 432): $79,948 (6°~) Total: $1,423,800 (100%) Seconded by Councilmember Juenemann Ayes-All 10. Dahl Avenue Improvements (Woodhill Development) -City Project 05-10 -Resolution Accepting Report and Calling for Public Hearing City Manager Fursman presented the staff report. Public Works Director Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution accepting the report and calling for a public hearing for 7:00 p.m. Monday. May 9`h, 2005 for the Dahl Avenue Street and Utility Improvements: RESOLUTION 05-04-065 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted April 11, 2005, a report has been prepared by the city engineering division with reference to the improvement of Dahl Avenue, City Project 05-10, and this report was received by the council on April 25, 2005, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD. MINNESOTA: City Council 04-25-OS 27 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $599,700. 2. A public hearing shall be held on such proposed improvement on the 9`h day of May 2005 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Rossbach Ayes-All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS Earth Day at the Maplewood Nature Center-Councilmember Juenemann relayed information regarding the event and extended her thanks to the staff who organized the event and all who attended. 2005 Citizens Police Academy-Councilmember Juenemann provided details on the 2005 Citizens Police Academy. Classes will be held Thursday nights, 6:30 p.m. to 9:30 p.m. at Fire Station #2, September 8`h through November 3''. Further information may be found on the city website and in the City News publication. Birthday of Former Mayor Rossbach-Mayor Cardinal informed council that former Mayor George Rossbach's birthday is tomorrow (April 26`h)! N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 10:52 p.m. Seconded by Councilmember Juenemann Ayes-All City Council 04-25-OS 28