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.
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D.
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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
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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
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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
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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
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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:
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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:
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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
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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
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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:
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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,
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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