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HomeMy WebLinkAbout08-27-2007MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, August 27, 2007 Council Chambers, City Hall Meeting No. 15 A. B. C. D. E. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:10 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA G1. City Manager Copeland requested moving G1. Appointments/Presentations to item F1. making item F1. Swearing in of Officer Markese Benjamin and moving Visitor Presentations to item G1. F2. CERT training -Chief Lukin F3. Emergency Storm Response -Chuck Ahl K1. City Manager Copeland requested Tabling K1. Unfinished Business, Adoption of the Capital Improvement Plan M1. Wendy's Restaurant- Rebecca Cave M2. NEST -Eric Hjelle M3. City Manager Evaluation Update -Kathleen Juenemann Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Ayes -All APPROVAL OF MINUTES Minutes from the August 13, 2007, 5 p.m. Council/Manager Workshop. Councilmember Cave moved to approve the Council/Manaaer Workshop minutes of Auaust 13 2007, 5 p.m. Seconded by Councilmember Hjelle. Ayes - Mayor Longrie, Councilmembers Cave, Hjelle, Rossbach Abstention -Juenemann August 27, 2007 City Council Meeting 2. Minutes from the August 13, 2007, 7:00 p. m. City Council Meeting. Councilmember Cave moved to approve the City Council Meeting minutes of August 13, 2007. Seconded by Councilmember Rossbach. Ayes- All 3. Minutes from the August 16, 2007, 5:00 p. m. City Council Meeting (A continuation of August 13, 2007). Councilmember Cave moved to approve the City Council Meeting minutes of August 16, 2007. Seconded by Councilmember Hjelle. Ayes -All F. APPOINTMENTS/PRESENTATIONS Swearing in of Police Officer Markese Benjamin a. Chief Thomalla introduced Markese Benjamin and Mayor Longrie gave Officer Benjamin the Oath of Office. 2. CERT Training -Chief Lukin Maplewood Fire Chief, Steve Lukin said the Maplewood Fire Station at 1955 Clarence Street will be holding nine CERT training classes (Certified Emergency Response Training) beginning Wednesday, September 12, 2007, through Wednesday, October 24 from 6:30- 9:30 p.m. The last training class will be held Thursday, November 1, with the final exercise and graduation at the Ramsey County Law Enforcement Center on Wednesday, November 7. 3. Emergency Storm Response -Chuck Ahl Mr. Ahl spoke regarding the recent storm that hit parts of Maplewood harder than others along with the loss of power and the emergency storm response team that responded to the situation. He also thanked the City of North St. Paul who assisted Maplewood with the use of some of their equipment. G. VISITOR PRESENTATIONS Emil Sturzenegger, 2455 Londin Lane, Maplewood, spoke regarding the problems with cable television because he enjoys watching the city council, board and commission meetings. He expressed concern that there have been problems with the transmittal of the programs and that council resolve the issue. Maggie Chaukline, 1863 County Road B East, spoke regarding the traffic concerns the neighborhood has regarding the increased traffic on County Road B from the Highway 36 construction detour and the accidents that have happened because of the detour. Chief Thomalla spoke regarding the discussion he had with Ramsey County and the contractors working on Highway 36 and the latest information he has to share with the public. August 27, 2007 City Council Meeting 2 Bob Zick, 2515 White Bear Avenue, Maplewood, addressed the council. He stated the proper way to say the Pledge of Allegiance. He also asked newly sworn in police officer Markese Benjamin to read the oath and learn the oath and documents that go along with serving the public and to know the rights of the citizens. He spoke regarding the September 11, 2007, Primary Election and General Election November 6, and reminded voters to research who they vote for, what the candidates stand for and their history in Maplewood. 4. Elizabeth Sletten, 2747 Clarence Street, Maplewood, spoke regarding the dated correspondence she sent to the council and Mayor and the fact that those were dated requests that she is still waiting for responses. She also expressed her feelings of disappointment regarding the lack of response from the city. 5. Christine Stone, 2727 Hazelwood, Maplewood. Ms. Stone expressed her opinion of things that have occurred with the management of the city. 6. Nancy Lazaryan, in propria persona, in summo jure, 10734 West Lake Road Rice, spoke regarding the rules of professional conduct in city government. 7. Bill Kayser, 2574 Dahl Avenue, Maplewood, addressed the council. He spoke regarding Mr. Bruce Nedegaard (deceased) and his past dealings with the City of Ramsey and the City of Maplewood. 8. Red Bronson, 186 Brookview Court, Maplewood, addressed the council. He questioned whether Maplewood had a privacy law or not because he was sent a questionnaire regarding a particular project and his response was made public which concerned him. He also brought up an ongoing problem he has had with his neighbors' snow removal methods and he asked what he could do about this ongoing problem. City Attorney, Alan Kantrud offered his business card to Mr. Bronson so the issues could be discussed privately. Dave Schilling, 1955 Greenbrier Street, Maplewood, addressed the council. He spoke regarding current and future council members being elected. H. PUBLIC HEARINGS Ferndale/Geranium Street Improvements, City Project 07-14 a. Assessment Hearing 7:15 p.m. b. Resolution Adopting Assessment Roll c. Resolution Awarding Construction Contract a. Public Works Director, Chuck Ahl, introduced the item. b. Assistant City Engineer, Erin Laberee, presented the report. August 27, 2007 City Council Meeting 3 Mayor Longrie opened the public hearing and the following individuals spoke: (1) Mary Jane Schuler, 2648 Geranium Ave E., Maplewood, addressed the council regarding her objection to the Ferndale/Geranium Improvements. She complimented the Public Works staff for their good work. (2) Richard Gilbert, 1140 Glendon St., Maplewood, addressed the council. He questioned how assessments were estimated in Maplewood. He also asked about the lighting in the park and having a rainwater garden. (3) Tim Kennedy, 1134 Glendon St N., Maplewood, addressed the council about the natural spring that was capped in the park. He asked if there would be increased parking added for the park. He thanked the Public Works staff for a nice job done on this project. (4) Nelson Gerben, 2638 Geranium, Maplewood, addressed the council. His well was failing in May of 2007 so he called the Public Works Department asking if there would be any chance of connecting to the city utilities and was told no so he spent $9,000 on a new well and now this project comes up. He is not interested in paying to connect to the city utilities after he spent money on a new well. He would like the person that owns the property to pay for this. (The Mayor added that this project was planned for 2008 and the project was moved up.) (5) Margaret Ferguson, 2512 Rose Ave. E., Maplewood addressed the council. She said she was told the assessment would be divided by four and felt her assessment cost was too high. (6) Nancy White 2532 Rose Ave E., Maplewood didn't want to address the council. Instead she handed her objection to Erin Laberee. Ms. White felt 30 days wasn't enough time to allow her to pay the assessment. Mayor Longrie Closed the public hearing. Councilmember Cave moved to approve the Resolution Adopting the Assessment Roll for the Ferndale/Geranium Street Improvements, City Project 07-14. RESOLUTION 07-08-148 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on July 23rd, 2007, calling for a Public Hearing, the assessment roll for the Ferndale-Geranium Area Street Improvements, City Project 07-14, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, due to clerical errors in the previously accepted assessment roll, the following changes were necessary, and the assessment roll shall be amended as follows: 1. Parcel ID 252922110033 - 1122 Ferndale Street N -Changed to two residential units from one due to the ability for the lot to be split (+$3,700); also added fees for sanitary and water service extensions to proposed lot-split (+$9,460). Total Assessment changed from $3,700 to $16,860. August 27, 2007 City Council Meeting 4 2. Parcel ID 252922120188 - 2563 Geranium Avenue E -Changed to two residential units from one due to the unit being a duplex (+$3,700). Total assessment changed from $3,700 to $7,400. 3. Parcel ID 252922140001 - 2627 Stillwater Road -Changed from a full street reconstruction rate to a partial street reconstruction rate (-$5,394.40). Total assessment changed from $21,526.40 to $16,132. 4. Parcel ID 252922110035 - 2637 Stillwater Road -Changed from a full street reconstruction rate to a partial street reconstruction rate (-$2,376.80). Total assessment changed from $10,812.80 to $8,436. 5. Parcel ID 252922110031 - 2638 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 6. Parcel ID 252922110029 - 2648 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 7. Parcel ID 252922110030 - 2648 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 8. Parcel ID 252922110016 - 2637 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 9. Parcel ID 252922110017 - 2645 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 10. Parcel ID 252922110018 - 2657 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$2,460.00). Total assessment changed from $29,640 to $27,180. 11. Parcel ID 252922110028 - 2666 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 12. Parcel ID 252922110027 - 2674 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 13. Parcel ID 252922110026 - 2682 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 14. Parcel ID 252922110019 - 2683 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. August 27, 2007 City Council Meeting 5 15. Parcel ID 252922110020 - 2691 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 16. Parcel ID 252922110025 - 2692 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 17. Parcel ID 252922110024 - 2700 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 18. Parcel ID 252922110021 - 2701 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. 19. Parcel ID 252922110060 - 2707 Geranium Avenue -Removed the Storm Sewer Assessment due to record of previous payment of a storm sewer assessment (-$820.00). Total assessment changed from $9,880 to $9,060. And, WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 252922130065 -Richard and Virginia Weinhold; 2615 Stillwater Road Mr. and Mrs. Weinhold object to the assessment based upon a senior citizen financial hardship. b. Parcel 252922120016- John Nickolaus and Keith Johnson; 1146 Evar Street Mr. Nickolaus and Mr. Johnson object to the assessment based upon financial hardship. c. Parcel 252922120037 -Laura Linroth; 2530 Rose Avenue Laura Linroth objects to the assessment based upon paying too much for taxes. d. Parcel 252922120028 -Margaret Ferguson; 2512 Rose Avenue Margaret Ferguson objects to the assessment based upon living in a town home. e. Parcel 252922120024 -Nancy L. White; 2532 Rose Avenue Nancy White objects to the assessment based upon a financial hardship. f. Parcel 252922110018 -Sharon Hansen and Edward Rang; 2657 Geranium Avenue Ms. Hansen and Mr. Rang object to the assessment based upon unbuildable lots. g. Parcel 252922110029 -Mary Jane and Larry Schuler; 2648 Geranium Avenue Mr. and Mrs. Schuler object to the assessment based upon an unbuildable lot. h. Parcel 252922110030 -Mary Jane and Larry Schuler; 2648 Geranium Avenue Mr. and Mrs. Schuler object to the assessment based upon not wanting to connect to City water at this time. i. Parcel 252922110035 -Robert Doane; 2637 Stillwater Road Mr. Doane objects to the assessment based upon a financial hardship. j. Parcel 252922110031 -Nelson J. Gerben, Jr.; 2638 Geranium Avenue Mr. Gerben objects to the assessment based upon not wanting to connect to City water at this time. August 27, 2007 City Council Meeting 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 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 September 10, 2007, as to their recommendations for adjustments. The assessment roll for the Ferndale-Geranium 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 hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 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 2008 and shall bear interest at the rate of 6.0 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, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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, 2007, 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, 2007, 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. The city engineer and city clerk shall forthwith after October 1, 2007, but no later than November 15, 2007, 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. Adopted by the council on this 27`h day of August 2007. Seconded by Councilmember Juenemann. Ayes -All August 27, 2007 City Council Meeting 7 Councilmember Rossbach moved to approve the Resolution Awarding the Construction Contract to AWARD OF BIDS RESOLUTION 07-08-149 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky and Sons Inc., in the amount of $1,475,929.16 is the lowest responsible bid for the construction of Ferndale-Geranium Area Street Improvements -City Project 07-14, 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. Adopted by the council on this 27`h day of August 2007 Seconded by Councilmember Juenemann. Ayes - Councilmembers Cave, Hjelle, Juenemann, Rossbach ~- Mayor Longrie August 27, 2007 City Council Meeting 8 2. Lark/Prosperity Area Street Improvements, City Project 07-15 a. Assessment Hearing 7:15 p.m. b. Resolution Adopting Assessment Roll c. Resolution Authorizing the Installation of Burke Avenue Cul-De-Sac based on Resident Petition Request d. Resolution Awarding Construction Contract a. Assistant City Engineer, Erin Laberee, presented the report. Mayor Longrie opened the public hearing and the following individuals spoke: (1) Ralph Reller, 1734 Lark Ave. E., Maplewood, addressed the council. (2) Tom Zangs, 1771 Burke Ave. E., Maplewood, addressed the council. He is opposed to the project. His concerns were drainage and snow removal from the site. (3) Joe Fleming, 2271 White Bear Ave., Maplewood. He owns Fleming Auto and objected to being assessed on three sides of his commercial property. (4) Willard Franz, 1750 Burke Ave. E., Maplewood. He disagreed with Mr. Ahl's traffic count assessment of 500 cars a day. He estimated 50 cars a day. He disagreed with the report. (5) Terry Nadler, 1706 Sandhurst Ave. E., Maplewood. He asked if the width of Sandhurst Avenue would be increased or decreased with this project. Mayor Longrie closed the public hearing. Councilmember Juenemann moved to approve the Resolution Adopting Assessment Roll for the Lark/Prosperity Area Street Improvements, City Project 07-15. RESOLUTION 07-08-150 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on July 23rd, 2007, calling for a Public Hearing, the assessment roll for the Lark/Prosperity Area Street Improvements, City Project 07-15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, due to a clerical error in the previously accepted assessment roll, the following changes were necessary, and the assessment roll shall be amended as follows: Parcel ID 102922430044 - 1655 County Road B E -This property was inadvertently omitted from the original assessment roll. This property has a main driveway off of Kennard Street and should be assessed in order to treat all properties equally. Total Assessment is $4,960. And, WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 10.29.22.44.0027 -Robert F. Parsons; 2229 Prosperity Road Mr. Parsons objects to the assessment based upon senior citizen financial hardship. b. Parcel 10.29.22.44.0056 - Dorothy Sleva; 1680 Lark Avenue Mrs. Sleva objects to the assessment based upon senior citizen financial hardship. August 27, 2007 City Council Meeting 9 c. Parcel 11.29.22.33.0001 -Joe Fleming; 2271 White Bear Avenue Mr. Fleming objects to the assessment amount based upon the usable Lark Ave front frontage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 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 September 10, 2007, as to their recommendations for adjustments. The assessment roll for the Lark/Prosperity 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 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 2008 and shall bear interest at the rate of 6.0 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, 2007. 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, 2007, 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, 2007, 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, 2007, but no later than November 15, 2007, 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. Adopted by the council on this 27`h day of August 2007. Seconded by Councilmember Hjelle. Ayes -All August 27, 2007 City Council Meeting 10 Councilmember Juenemann Improvements, City Project 07-15. Further, staff is instructed to conduct a traffic study of the volume of traffic on the roadway, investigate the drainage concerns of the residents, investigate other tum restriction options at the White Bear Avenue-Burke Avenue intersection and then re-survey the September 2007. Seconded by Councilmember Cave. RESOLUTION 07-08-151 AWARD OF BIDS Councilmember Rossbach moved to approve the Resolution Awarding the Construction Contract for respectivelyl. Seconded by Councilmember Hjelle. The motion failed. Ayes -All Ayes -Councilmembers Hjelle, Rossbach Navs -Mayor Longrie, Councilmembers Cave and Juenemann Councilmember Juenemann moved to approve the resolution awarding the Construction Contract for engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky & Sons, Inc. in the amount of $2,494,240.24 which includes Bid Alternates 1, 2, 3, and 5, is the lowest responsible bid for the construction of Lark/Prosperity Area Street Improvements -City Project 07-15, 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. Adopted by the council on this 27`h day of August 2007. Councilmember Cave seconded. Ayes -Councilmembers Cave, Hjelle, Juenemann, Rossbach Navs -Mayor Longrie August 27, 2007 City Council Meeting 11 3. City Code Amendment- Planning Commission First Reading 7:30 p. m. a. Planner, Ken Roberts presented the report. b. Jeremy Yarwood from the Planning Commission gave a report. Councilmember Cave moved to approve the First Reading of the proposed code amendment. This amendment changes Sections 2-246 through 2-255 of the code about the planning commission. Seconded by Councilmember Hjelle. Ayes -All The council took a 5-minute recess at 9:50 p. m. I. CONSENT AGENDA Councilmember Juenemann moved to adopt consent agenda items 2, 3, & 7. Seconded by Councilmember Hjelle. Ayes- All Mayor Longrie moved to adopt consent agenda item 1. Seconded by Councilmember Hjelle. Ayes- All Councilmember Juenemann moved to adopt consent agenda item 4. Seconded by Councilmember Hjelle. Ayes- All Councilmember Juenemann moved to adopt consent agenda item 5. Seconded by Councilmember Hjelle. Ayes- All Mayor Longrie moved to adopt consent agenda item 6. Seconded by Councilmember Hjelle. Ayes- All No action was needed for consent agenda item 8. Councilmember Juenemann moved to adopt consent agenda items 9. Seconded by Councilmember Cave. Ayes- All August 27, 2007 City Council Meeting 12 Approval of Claims. Mayor Longrie moved approval of Claims. ACCOUNTS PAYABLE: $ No accounts payable checks were processed during this report period. $ 169,324.80 Disbursements via debits to checking account Dated 08/02/07 thru 08/09/07 $ 1,322,925.54 Checks #73312 thru #73401 Dated 08/07/07 thru 08/21/07 $ 324,201.13 Disbursements via debits to checking account Dated 08/10/07 thru 08/16/07 $ 1,816,451.47 Total Accounts Payable PAYROLL $ 511,623.81 Payroll Checks and Direct Deposits dated 08/10/07 $ 2,624.27 Payroll Deduction check #1002820 thru #1002822 Dated 08/10/07 514,248.08 Total Payroll $ 2 330 699.55 GRAND TOTAL Seconded by Councilmember Hjelle. Ayes -All 2. City Ordinance Update -Building Codes. Councilmember Juenemann moved to adopt the following code updates to Section 12-39 (b)(3) of the city code. These changes are necessary to make the city code consistent with the optional parts of the recently enacted State Building Code for use in the City of Maplewood. (The old language is crossed out and the new language is underlined): A. Option ~ °n~ ~"^'.,'+~^ ^a Grading: onno iQr e .,io...o..+ n.,.,o..a~., u 2006 IBC Appendix J. (This gives cities regulations in the building code about grading) B. Option 1306.0020 Subpart 3;-€ Option #1 #2 Existing & New Buildings Special Fire Protection System: (This allows the city to require fire sprinkler systems in all assembly occupancies except for open stadiums. This also allows the city to require fire sprinkler systems in spaces with a smaller floor area than the building code would require.) August 27, 2007 City Council Meeting 13 Existing option 1335 Flood Proofing Regulation. This does not allow buildings to be built in a flood plain zone and allows the inspectors to require drain the and damp proofing for dwellings. The City of Maplewood has this provision in its current ordinance. The state made no changes to this option in 2007. Seconded by Councilmember Hjelle. Ayes -All 3. Conditional Use Permit Review -Liberty Classical Academy 1717 English Street. Councilmember Juenemann moved to approve the Conditional Use Permit Review for Liberty Classical Academy at 1717 English Street and review the CUP again in one year. Seconded by Councilmember Hjelle. Ayes -All 4. Conditional Use Permit Review -Kline Nissan 3090 Highway 61 North. Councilmember Juenemann moved to approve the Conditional Use Permit Review for Kline Nissan 3090 Highway 61 North. This CUP shall be reviewed again by June 1, 2008, to check the planting in the buffer zone. The Code Enforcement Officer shall visit the site immediately city council. Seconded by Councilmember Hjelle. Ayes -All 5. Authorization to Purchase Total Station for Engineering Services Program. Councilmember Juenemann moved to approve the purchase of the Total Station and required components from Frontier Precision in the amount of $15,124.07 and authorize the City Engineer to make the necessary fund transfers. Seconded by Councilmember Hjelle. Ayes -All 6. Approval of Developer's Agreement for Walgreen's at White Bear Avenue and Beam Avenue, City Project 04-37. Public Works Director, Chuck Ahl gave the report. Mayor Longrie moved to approve the Developer's Agreement for Walgreen's at White Bear Avenue and Beam Avenue, City Project 04-37. August 27, 2007 City Council Meeting 14 CITY OF MAPLEWOOD Ramsey County, Minnesota Development Agreement for Walgreen's at Beam Avenue and White Bear Avenue THIS AGREEMENT, made this 27th day of August, 2007, between the City of Maplewood, a Minnesota municipal corporation, acting by and through its mayor and city manager, herein called the CITY, W.B.-Beam,LLC, a Minnesota Limited Liability Company herein called the OWNER and Meer Construction, Inc. a Minnesota Corporation, herein called the DEVELOPER. IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows: 1. In consideration of the CITY accepting the Walgreen's development, the DEVELOPER shall provide all internal water systems, storm water management facilities, sanitary sewers and street improvements, including concrete curb and gutter, signing, landscaping and other improvements as specified herein, all in conformance with current City standards, more specifically outlined in the Special Conditions, Plans and Specifications attached to this contract. All internal improvements constructed by the DEVELOPER shall be considered private utilities and/or improvements and shall be maintained by the DEVELOPER or their assign. The exception to the private improvements is the sidewalk along Beam Ave. The OWNER warrants that he is the owner of the property proposed for the construction of Walgreen's and maintains all rights and obligations necessary to construct the said improvements. 2. The DEVELOPER agrees to provide a cash escrow in the form of cash deposit for the construction of sidewalk along Beam Avenue. The City shall construct this sidewalk when the White Bear Avenue Street Improvements are constructed in 2008. The cash escrow shall be in the amount of $9,000. August 27, 2007 City Council Meeting 15 3. The OWNER agrees to dedicate at no cost to the city, 10 feet of right away along White Bear Avenue for the future reconstruction of White Bear Avenue in 2008 as specifically shown on the plan attached hereto as Exhibit A. 4. The OWNER agrees to execute, prior to issuance of the Certificate of Occupancy, a maintenance agreement establishing the maintenance requirements and responsibilities for the storm sewer treatment structures. 5. Cash escrow shall be letter of credit or cash deposit. If the surety is in the form of a letter of credit, the letter of credit must clearly indicate that it is an irrevocable letter of credit (from a financial institution approved by the City Attorney) in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of this developer's agreement. The letter of credit shall be of a one-year duration and must have a condition indicating automatic renewal, with notification to the CITY a minimum of 60days prior to its expiration. 6. The DEVELOPER shall complete the public works improvements, if any, covered by this agreement by no later than April 30, 2009. No deviation from the required completion date shall be permitted unless approved in writing by the CITY. After receipt of written notice from the DEVELOPER of the existence of causes over which the DEVELOPER has no control which will delay the completion of the work, the CITY, at its discretion, may extend the completion date and any financial sureties required shall be continued to cover the work during the extension of time. 7. The DEVELOPER shall furnish all engineering, architectural and administrative services for the private improvements and building projects. 8. The DEVELOPER agrees that the work shall be done and perFormed in the best and most workmanlike manner; and all materials and labor shall be in strict conformity with respect to the approved Plans and Specifications and improvement standards of the City of Maplewood, and shall be subject to the inspection and approval of the CITY or a duly authorized engineer of the CITY; and in case any material or labor supplied shall be rejected by the CITY or engineer as August 27, 2007 City Council Meeting 16 defective or unsuitable, then such rejected material shall be removed and replaced with approved material to the satisfaction and approval of the CITY or engineer and at the sole cost and expense of the DEVELOPER. 9. After completion of any private work required by the DEVELOPER within public right-of-way or easements, the City engineer or the City engineer's designated representative and a representative of the DEVELOPER'S engineer will make a final inspection of the work. This provision shall apply only to work within public right-of-way or easements. The City engineer will not inspect or warrant any private work conducted by the contractor or contractors hired by the DEVELOPER. 10. It is further agreed, anything to the contrary herein notwithstanding, that the City of Maplewood City Council and its agents or employees shall not be personally liable or responsible in any manner to the OWNER, DEVELOPER, the DEVELOPER'S contractor or subcontractor, material suppliers, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the perFormance and completion of the work or the improvements provided herein, which the DEVELOPER will save the CITY harmless from all such claims, demands, damages, actions or causes of action or the costs disbursements and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for CITY administrative time and labor, costs of consulting engineering services, and costs of legal services rendered in connection with the defending such claims as may be brought against the CITY. It is further agreed that the DEVELOPER will furnish the City of Maplewood proof of insurance in the amount as required by the approval specifications covering any public liability or property damage by reason of the operation of the DEVELOPER'S equipment, laborers, and hazard caused by said improvement. August 27, 2007 City Council Meeting 17 11. Breach of any terms of this agreement by the DEVELOPER shall be grounds for denial of building or occupancy permits for the Walgreen's building until the DEVELOPER corrects such breach. 12. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 13. The terms and conditions of this agreement shall be binding on the parties hereto, their respective successors and assigns and the benefits and burdens shall run with the land and may be recorded against the title to the property. In the event that this agreement is recorded, the CITY, DEVELOPER and OWNER hereby agree to execute and record a termination of this agreement upon issuance of a Certificate of Occupancy. 14. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: W.B. -Beam, LLC C/O Semper Development, Ltd 80 South Eight Street Suite 1275 Minneapolis, Minnesota 55402 August 27, 2007 City Council Meeting 18 SIGNATURES FOR OWNER W.B. -Beam, LLC BY TITLE STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this August, 2007, by ,the of the Owner. Notary Public SIGNATURES FOR DEVELOPER MEER CONSTRUCTION. INC. BY TITLE STATE OF MINNESOTA) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of August, 2007, by ,the of the Owner. Notary Public day of August 27, 2007 City Council Meeting 19 SIGNATURES CITY OF MAPLEWOOD: Diana Longrie, Mayor STATE OF MINNESOTA) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2007, by Diana Longrie, Mayor, of the City of Maplewood, a municipal corporation. Notary Public SIGNATURES CITY OF MAPLEWOOD: Greg Copeland, City Manager STATE OF MINNESOTA) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2007, by Greg Copeland, City Manager, of the City of Maplewood, a municipal corporation. Notary Public August 27, 2007 City Council Meeting 20 SPECIAL CONDITIONS FOR SUBDIVISION DEVELOPMENT CITY OF MAPLEWOOD 1. Project Information: a. Name: Walgreen's b. Developer: W.B. -Beam, LLC c. Engineer: Plowe Engineering d. General Contractor: Meer Construction e. Financial Guarantees: (1) Type: Cash Escrow (Sidewalk along Beam Avenue) Amount: $9,000 2. Scope of work contemplated under the terms of this contract and covered by escrow guarantee are outlined in the conditions of development approval from the December 11`h, 2006, city council meeting (see attached minutes). August 27, 2007 City Council Meeting 21 MINUTES MAPLEWOOD CITY COUNCIL 7:20 P.M. Monday, December 11, 2006 Council Chambers, City Hall Meeting No. 06-33 New Business Walgreen's (Northeast Corner of White Bear and Beam Avenues) Lot Division Land Use Plan Amendment (LBC to BC) Zoning Map Change (LBC to BC) Design Review a. Planner Finwall presented the report. b. John Kohler, Architect, Semper Development, was present for council questions. c. Matt Reagan, Construction Manager, Meer Construction, Inc., addressed sidewalk issues. d. Scott Reagan, Meer Construction, answered council questions. e. Commissioner Grover, representing the Maplewood Planning Commission, presented the Planning Commission report. Mayor Longrie Submit a revised survey to staff for approval which shows the following: 1) Legal descriptions of Parcels A and B. 2) Location and legal description of a utility and access easement on the east side of Parcel A to accommodate utilities and access for the property to the north (2950 White Bear Avenue) and access for the property to the east (Parcel B). 3) Location and legal description of an access easement on the north side of Parcel A and the south side of the property to the north (2950 White Bear Avenue) to accommodate the driveway located on the north side of the Walgreen's' building and the shared curb cut on White Bear Avenue. 4) Location and legal description of aten-foot-wide roadway easement along White Bear Avenue the entire length of Parcel A to accommodate for future roadway widening. Deeds describing the two new legal descriptions for Parcels A and B, including the required utility, access, and roadway easement descriptions described above. c. Deeds must be recorded with Ramsey County within one year of the date of lot division approval or the lot division will become null and void (city code requirement). August 27, 2007 City Council Meeting 22 d. Prior to issuance of a grading or building permit for the proposed Walgreen's retail store and pharmacy on Parcel A, the following must be submitted to staff for approval: 1) Proof that Ramsey County has recorded the deeds. 2) A signed certificate of survey for Parcel A showing the location of all property lines, building, parking, driveway, freestanding sign, and easements. Seconded by Councilmember Cave Ayes-All Councilmember Rossbach moved to adopt the following comprehensive land use plan change resolution. This resolution changes the comprehensive land use plan for the newly subdivided 1.54 acre western lot (Parcel A) n the vacant lot located on the northeast corner of Beam an White Bear Avenues from Limited Business Commercial (LBC) to Business Commercial (BCC COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION 06-12-153 WHEREAS, Semper Development, representing Walgreen's, applied for a change to the city's comprehensive land use plan from Limited Business Commercial (LBC) to Business Commercial (BC). WHEREAS, this change applies to the west 253 feet of the vacant property located on the northeast corner of Beam and White Bear Avenues (Parcel A as described in the October 5, 2006, Lot Split Boundary Exhibit). WHEREAS, the property identification number for the property is 02-29-22-24-0004. WHEREAS, the legal description of Parcel A is as follows: That part of the South 284.96 feet of the South 731.5 feet of the Southeast Quarter of the Northwest Quarter of Section 2, Township 29 North, Range 22 lying East of the center line of White Bear Avenue, Except the part thereof described as follows: Beginning at a point on the East line of the Southeast Quarter of the Northwest Quarter of Section 2, Township 29, Range 22, said point being 175 feet Northerly of the South line of said Southeast Quarter; thence Northerly 556.5 feet along the East line; thence 354.5 feet due West; thence 350 feet due South; thence in a Southeasterly direction to a point which is 120 feet due West of the point of beginning; thence Northwesterly along last said line 166.75 feet to the north line of the said South 284.96 feet; thence along last said north line, South 89 degrees 19 minutes 05 seconds West a distance of 94.73 feet; thence deflecting left 90 degrees, South 00 degrees 40 minutes 55 seconds East a distance of 284.96 feet to the east /west quarter line of said Section 2; thence along said east /west quarter line, North 89 August 27, 2007 City Council Meeting 23 degrees 19 minutes 05 seconds East to the center of said Section 2; thence northerly along the East line of the Southeast Quarter of the Northwest Quarter of said Section 2 a distance of 175.00 feet to the point of beginning; according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Subject to the right of way for Beam Avenue and White Bear Avenue and encumbrances as shown on an ALTA survey prepared by Houston Engineering dated March 24, 2006. Containing approximately 67,013 square feet. WHEREAS, the history of this change is as follows: On November 20, 2006, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On December 11, 2006, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described change to the land use plan for the following reasons: Provide for orderly development. Protect and strengthen neighborhoods. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. Minimize the land planned for streets. Minimize conflicts between land uses. Prevent premature use, overcrowding, or overuse of land especially when supportive services and facilities, such as utilities, drainage systems, or streets are not available. Help to implement the goals of the comprehensive plan including: a) The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks, and open space. b) Safe and adequate access will be provided for all properties. c) Transitions between distinctly differing types of land uses should not create a negative economic, social, or physical impact on adjoining developments. d) Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man- made ornatural barriers. e) The city coordinates land use changes with the character of each neighborhood. f) Group compatible businesses in suitable areas. g) Avoid disruption of adjacent or nearby residential areas. Seconded by Councilmember Cave Ayes-All August 27, 2007 City Council Meeting 24 Councilmember Rossbach ZONING MAP CHANGE RESOLUTION 06-12-154 WHEREAS, Semper Development, representing Walgreen's, applied for a change to the city's zoning map from Limited Business Commercial (LBC) to Business Commercial (BC). WHEREAS, this change applies to the west 253 feet of the vacant property located on the northeast corner of Beam and White Bear Avenues (Parcel A as described in the October 5, 2006, Lot Split Boundary Exhibit). WHEREAS, the property identification number for the property is 02-29-22-24-0004. WHEREAS, the legal description for Parcel A is as follows: That part of the South 284.96 feet of the South 731.5 feet of the Southeast Quarter of the Northwest Quarter of Section 2, Township 29 North, Range 22 lying East of the center line of White Bear Avenue, Except the part thereof described as follows: Beginning at a point on the East line of the Southeast Quarter of the Northwest Quarter of Section 2, Township 29, Range 22, said point being 175 feet Northerly of the South line of said Southeast Quarter; thence Northerly 556.5 feet along the East line; thence 354.5 feet due West; thence 350 feet due South; thence in a Southeasterly direction to a point which is 120 feet due West of the point of beginning; thence Northwesterly along last said line 166.75 feet to the north line of the said South 284.96 feet; thence along last said north line, South 89 degrees 19 minutes 05 seconds West a distance of 94.73 feet; thence deflecting left 90 degrees, South 00 degrees 40 minutes 55 seconds East a distance of 284.96 feet to the east /west quarter line of said Section 2; thence along said east /west quarter line, North 89 degrees 19 minutes 05 seconds East to the center of said Section 2; thence northerly along the East line of the Southeast Quarter of the Northwest Quarter of said Section 2 a distance of 175.00 feet to the point of beginning; according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Subject to the right of way for Beam Avenue and White Bear Avenue and encumbrances as shown on an ALTA survey prepared by Houston Engineering dated March 24, 2006. Containing approximately 67,013 square feet. August 27, 2007 City Council Meeting 25 WHEREAS, the history of this change is as follows: On November 20, 2006, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On December 11, 2006, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection, and schools. Repeat this review in two years if the city has not issued a building permit for this project. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1) Revised grading/drainage/utility plans which comply with all city engineering department requirements as specified in the November 20, 2006, engineering report including, but not limited to, the granting of a right-of-way easement along White Bear Avenue and the submittal of an escrow to the city to ensure construction of a six-foot- wide sidewalk along the length of Beam Avenue adjacent Walgreen's development to be complete by the city in 2008. August 27, 2007 City Council Meeting 26 Seconded by Councilmember Cave Ayes-All 2) Revised site plan showing a bike rack to be located near the building entrance. 3) A revised lighting and photometric plan which shows that the overall illumination from outdoor lights does not exceed .4-foot-candles at all property lines. 4) Obtain a permit from Ramsey County for construction on county right-of-way for the driveway access, utility work, and sidewalk. 5) Watershed district approval if revisions warrant a new review. 6) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. c. Signage on the property is part of the design review approval and is subject to the following sign criteria: 1) One freestanding sign to be located on the corner of Beam and White Bear Avenue. Freestanding sign to be a maximum of 15 feet in height, 60 square feet in area, maintain a 10-foot setback to all property lines and comply with traffic visibility requirements. 2) Two Walgreen's wall signs to be located on the south and west elevation. Signs to be constructed of individual letters with a maximum letter height of two feet and must be centered within the manufactured limestone facade. 3) Two one-hour photo signs and two pharmacy signs to be located on the south and west elevation. Signs to be constructed of individual letters with a maximum letter height of 1.5 feet, and must be centered within the manufactured limestone piers, above the windows. 4) One drive-through pharmacy directional sign to be located above the standing seam metal roof on the south elevation. Sign to be constructed of individual letters with a maximum letter height of 1.5 feet. 5) One interior entrance tower neon sign, 22 square feet in area. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and underground irrigation. 4) Screen the rooftop mechanical equipment. 5) Install all required outdoor lighting. August 27, 2007 City Council Meeting 27 If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Rossbach. Ayes-All August 27, 2007 City Council Meeting 28 7. Mogren Street Improvements, City Project 06-17, Resolution Approving Cooperative Agreement with MnDOT for Signal Reimbursement Expenses. Councilmember Juenemann moved to approve the execution of Cooperative Agreement No. 91575 Approving Cooperative Agreement with MnDOT for Signal Reimbursement Expenses. RESOLUTION 07-08-152 IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 91575 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of Maplewood for the State's share of the costs of the traffic control signal and interconnect construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 61 at Beam Avenue within the corporate City limits under State Project No. 6222-159 (T.H. 61=001). IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Seconded by councilmember Hjelle. Ayes -All August 27, 2007 City Council Meeting 29 PRE-LETTING STATE OF MINNESOTA SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT N0. 91575 S.P. 6222-159 (T.H. 61=001) S.A.P. 138-020-032 S.A.P. 138-122-002 C.P. 06-17 State Funds The State of Minnesota Department of Transportation, and The City of Maplewood Re: State cost traffic signal system "C" construction by the City on T.H. 61 at Beam Avenue ORIGINAL AMOUNT ENCUMBERED $122,593.50 (FY 2011) AMOUNT RECEIVABLE None August 27, 2007 City Council Meeting 30 91575 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Maplewood, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". August 27, 2007 City Council Meeting 31 91575 WHEREAS, the City is about to perform grading, aggregate base, bituminous surfacing, concrete curb and gutter, concrete walk, utilities, storm sewer and traffic signal improvements construction and other associated construction upon, along and adjacent to Beam Avenue (C.S.A.H. 19) from Trunk Highway No. 61/Maplewood Drive to the BNSF Railroad bridge and on Beam Avenue (C.S.A.H. 19) from Trunk Highway No. 61/Maplewood Drive to Duluth Street within the corporate City limits in accordance with City-prepared plans, specifications and special provisions designated by the City as City Project 06-17 and by the State as State Project No. 6222-159 (T.H. 61=001) and S.A.P No's. 138-020-032, 138-122-002; and WHEREAS, the City has requested participation by the State in the costs of the traffic control signal system "C" and interconnect construction; and WHEREAS, the State is willing to participate in the costs of the traffic control signal system "C" and interconnect construction which includes the State's share for State Furnished Materials and associated construction engineering in a lump sum amount as hereinafter set forth; and WHEREAS, although the State is willing to pay the City, it can pay only after funds for the traffic control signal system "C" and interconnect construction have been encumbered, which encumbrance must be preceded by the appropriation of such funds by the Minnesota Legislature; and WHEREAS, this construction is currently part of the State's 2011 fiscal year road construction program, and the State will seek the appropriation of funds, and encumber the funds, if available; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. August 27, 2007 City Council Meeting 32 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: 91575 ARTI CLE I - CCNSTRUCTI CN BY THE CI TY Section A. Contract Award and Construction The City did receive bids and has awarded a construction contract to the lowest responsible bidder in accordance with State-approved City plans, specifications and special provisions designated by the City as City Project No. 06-17 and by the State as State Project No. 6222-159 (T.H. 61=001). Execution of this Agreement shall constitute concurrence by the State in that award. The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions that are on file in the office of the City's Engineer, and are incorporated into this Agreement by reference. Sect i on B. a r ect i on, The contract constructio under the supervision of State cost participation be open to inspection by representatives. Super vi si on and I nspect i on of Const r uct i on 1 shall be under the direction of the City and a registered professional engineer; however, the construction covered under this Agreement shall the State District Engineer's authorized Responsibility for the control of materials for the State cost participation construction covered under this Agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction". Sect i on C. Corrpl et i on of Const r uct i on The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance thereof. August 27, 2007 City Council Meeting 33 91575 Section D. Additional Construction, Plan Changes, Etc. The State shall not participate in the cost of any contract construction that is in addition to the State cost participation construction covered under this Agreement unless the necessary State funds have been encumbered and the terms and conditions in the following paragraph have been met. All changes in the plans, specifications and special provisions for the State cost participation construction covered under this Agreement and all addenda, change orders and supplemental agreements entered into by the City and its contractor for State cost participation construction covered under this Agreement must be approved in writing by the State District Engineer's authorized representative before payment is made by the State therefore. Sect i on E. Corrpl i ance with Laws, Q di nances and Requl at i ons The City shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. Sect i on F. Const r uct i on Engi Weer i nq Cost s The State shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under this Agreement. Sect i on G Addenda, Change Q der s and Suppl errent al Aqr eerrent s The State shall share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to complete the State cost participation construction covered under this Agreement and that have been approved in writing by the State District Engineer's authorized representative. August 27, 2007 City Council Meeting 34 ARTICLE II - PAYMENT BY THE STATE 91575 The State shall pay to the City, as the State's full and complete share of the costs of the traffic control signal system "C" and interconnect construction, the State's share of state furnished materials and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 61 at Beam Avenue within the corporate City limits under State Project No. 6222-159 (T.H. 61=001), a lump sum in the amount of $122,593.50. After the following conditions have been met, the State shall pay to the City the State's full and complete lump sum cost share: 1. Execution and approval of this Agreement and the State's transmittal of it to the City. 2. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for State cost participation construction covered under this Agreement. 3. Legislative appropriation of funds for the State's road construction program. It is anticipated that payment by the State that depends on Legislative appropriation of funds will be made after July 1, 2010 and before June 30, 2011 for Fiscal Year 2011. 4. Encumbrance by the State of the State's total estimated construction cost share, the State's share of the state furnished materials and the 8 percent construction engineering cost share,_no earlier than July 1, 2010. 5. Receipt by the State of a written request from the City for the payment of funds. ARTI CLE I V - GENERAL PRCr/I SI ONS Sect i on A. Nei nt enance and oper at i on of si final system Upon completion of the traffic signal system "C", interconnect and EVP construction to be performed within the corporate City limits under the construction contract, the existing signal operation and maintenance agreement No. 74350 dated March 28, 1996 between the State, City and Ramsey County shall remain in full force and effect. August 27, 2007 City Council Meeting 35 91575 Section B. Termination of Agreement Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered under this Agreement. Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. Section C. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Sect i on D. CI ai rrs Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. August 27, 2007 City Council Meeting 36 Sect i on E. Nondi scr i rri nat i on 91575 The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Sect i on F. Aqr eerrent Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTI CLE V - AUTHCRI ZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 366-4634. The City's Authorized Agent for the purpose of the administration of this Agreement is Chuck Ahl, Public Works Director, or their successor. Their current address and phone number are 1902 County Road B East, Maplewood, MN 55109, (651) 249-2402. IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. August 27, 2007 City Council Meeting 37 STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. ~~ 16A.15 and 16C.05. By Date MAPS Encumbrance No. CI TY OF M4PLEVVDOD By Mayor Date 91575 DEPARTMENT OF TRANSPORTATION Recommended for approval: By Approved: By Date State Design Engineer Approved as to form and execution: By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By By Title Date Date August 27, 2007 City Council Meeting 38 8. Minnesota Department of Natural Resources MnReleaf Grant for Oak Wilt Disease Control. No action is needed for this item. 9. Temp-Seasonal-Casual Part-Time Pay Ranges for 2007. Councilmember Juenemann moved to approve the Temp-Seasonal-Casual Part-Time Pay Ranges for 2007 for these part-time non-benefit earning employees. RESOLUTION 07-08-153 WHEREAS, according to the Minnesota Public Employees Labor Relations act, part- time employees who do not work more than 14 hour per week and temporaryfseasonal employees who work in positions that do nok exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees end are therefore not eligible for membership in a public emptoyee un~an. NOW, THEREFORE, BE IT RESO classifications are hereby established for hours or fewer/wk) employees effe~ti~!e_~i Accountant Accounting Technician Buildi Buildi Clerk an an IT Technician Laborer Lifeguard Manager on Duty Differential pay ranges and job casual part-time (14 $10.40-30.Ofl per hour $9.Ot}-22.00 per hour $9.Ob-23.00. per hour $25.0-35.00 per hour $14.Q0-35.00 per hour $~i.1 ~-15.00' per hour $7.5~-15.00' per hour $ta.15-15.00; per hour $B.OQ-1ta.00' per hour $8.00-12.00 per hour $6.50-12.00 per hour $9.00-15.00 per hour $9.00-16.00 per hour $7.00-16.00 per hour $10.00-16.00 per hour $600-690 per quarter $8.74-15.31 per run $18.00 per drill Shift Fill-in $12.00 per hour Intern $ 6.50-20.00 per hour $15.00-20.00 per hour $6.50-14.00 per hour $6.15-14.00 per hour $1.00 per hour August 27, 2007, City Council Meeting 3g Office Specialist Receptionist Recreation Instructor/Leader Recreation Official Recreation Worker Theater Technician Vehicle Technician Video Coordinator* Video Technician* Water Safety Instructor (WSI) WSI & Head Lifeguard Differential (Lifeguards or WSIs workin Lifeguards; Lifeguards wor4 *Video positions shall be paid a BE IT FURTHER RESOLVED, the pay rate within the above ranges..; Seconded by Councilmember $8.50-18.00 per hour $8.00-16.00 per hour $6.15-32.00 per hour $6.15-30.00 per hour $6.15-18.00 per hour $20.00-30.00 per hour $9.00-15.00 per hour $11.00-19.00 per hour $10.00-18.00 per hour $7.50-1£.00 per hour $1.00 per hour less. have the authority to set August 27, 2007, City Council Meeting 40 J. AWARD OF BIDS Pond Overlook Public Improvements, City Project 07-08, Resolution Awarding Construction Contract. Public Works Director Chuck Ahl presented the report. Councilmember Cave moved to approve the Pc 08, Resolution Awarding Construction Contact. AWARD OF BIDS RESOLUTION 07-08-1 K. BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWQOD, MINt*IESOTA,that the bid of Northdale Construction in the amount of $107,6Q6.7~ is the lowest responsible bid for the construction of Pond Overlook Public Improvements (2161 County Road D}-City Project 07-08, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Adopted by the council on this 27"~ day of August 2007_ Seconded by Mayor Longrie. 'Ayes-',All UNFINISHED BUSINESS 1'. Adoption of the Capital Improvement Plan. This item was tabled. August 27, 2007, City Council Meeting 41 L. NEW BUSINESS 1. Renewal of Annual Lawful Gambling License -White Bear Avenue Business Association at AMF Maplewood Lanes and The Dive Bar. a. City Clerk, Karen Guilfoile presented the report. Councilmember Cave RESOLUTION 07-08-1 BE IT HEREBY RESOLVED, by the City Council premises permits for lawful gambling is approved for the to operate at AMF Maplewood Bowl located at 1955 En 3035 White Bear Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplew application for said permit as governed by FURTHERMORE, that the Maplew Division of the Minnesota Department of f compliance with Minnesota Statute ~340s NOW, THEREFORE, be it further r Maplewood, Minnesota, be forwarded fo tf Seconded by Councilmembe~ Hjelle Cave. the atV rat the Gambling Control application as being in by the City Council of i for their approval. All of hong - Bambu Asian Cuisine. the report. nbu Asian Cuisine, 1715-A Beam Avenue. Ayes- All Date for the Purpose of Canvassing the Primary Election Results. a. City Clerk, Karen Guilfoile presented the report. The poles for the Primary Election will be open to vote on Tuesday, September 11`h at 7:00 a.m. until 8:00 p.m. The city council set a special meeting for Thursday, September 13, 2007, at 5:00 p.m. for the purpose of canvassing the primary election results. No action is needed for this item. August 27, 2007, City Council Meeting 42 4. Kohlman Lane Area Street Improvements, City Project 07-21, Resolution Ordering Preparation of Feasibility Study. a. Public Works Director, Chuck Ahl presented the report. Councilmember Juenemann moved to approve the Kohlman Lane Area Street Improvements, City RESOLUTION 07-08-1 ORDERING PREPARATION OF A WHEREAS, it is proposed to make Project 07-21 and to assess the benefited improvement, pursuant to Minnesota Statu NOW, THEREFORE, BE IT MINNESOTA: That the proposed improvement report to the couneil'with all ~ni whether the proposed improvem should best be made as proppsE cost of the imoroverrrent as recd City CIL OF MAPLEWOOD, 'study and that he is instructed to in `a preliminary way as to J feasible and as to whether it r improvement, and the estimated to prepare this feasibility Cave. Ayes - Councilmembers Cave, Hjelle, Juenemann, Rossbach - Mayor Longrie August 27, 2007, City Council Meeting 43 5. Myrtle-Idaho Street Improvements, City Project 07-19, Resolution Ordering Preparation of Feasibility Study. a. Public Works Director, Chuck Ahl presented the report. Councilmember Juenemann moved to approve the Myrtle-Idaho Street Improvements, City Project 07-19, Resolution Ordering Preparation of Feasibility Study. RESOLUTION 07-08-1 ORDERING PREPARATION OF A WHEREAS, it is proposed to make Project 07-19 and to assess the benefited improvement, pursuant to Minnesota Statu NOW, THEREFORE, BE IT RESOL MINNESOTA: That the proposed improvement be referred report to the council with all convenient spe+ whether the proposed improvement is rtece; should best be made as proposed or it cord cost of the improvement as recommended.' report. FURT Approved th iy and that he is instructed to preliminary way as to isible and as to whether it irovement, and the estimated to prepare this feasibility Councilmembers Cave, Juenemann, Rossbach is to the Myrtle-Idaho Area Streets, City Nays -Mayor Longrie, Councilmember Hjelle August 27, 2007, City Council Meeting 44 6. Pond-Dorland Street Improvements, City Project 07-20, Resolution Ordering Preparation of Feasibility Study. a. Public Works Director, Chuck Ahl presented the report. Councilmember Rossbach moved to approve the Pond-Dorland Street Improvements, City Project 07-20, Resolution Ordering Preparation of a Feasibility Stud RESOLUTION 07-08-1 ORDERING PREPARATION OF A WHEREAS, it is proposed to make Project 07-20, and to assess the benefited improvement, pursuant to Minnesota Statu NOW, THEREFORE, BE IT RESOL MINNESOTA: That the proposed improvement I instructed to report to the council as to whether the proposed impry it should best be made as propo estimated cost of the improveYne FURT Road, City CIL OF MAPLEWOOD, udy and that he/she is the council in a preliminary way Wand feasible and as to whether r improvement, and the to prepare this feasibility Ayes - Councilmembers Cave, Juenemann, Rossbach Navs -Mayor Longrie, Councilmember Hjelle August 27, 2007, City Council Meeting 45 7. Arkwright Utility Extensions, City Project 07-22, Resolution Ordering Preparation of Feasibility Study. a. Public Works Director, Chuck Ahl presented the report. b. Donald Kaar, 394 Lark Avenue East, Maplewood, addressed the council. Councilmember Cave moved to approve the Arkwright Utility Extensions, City Project 07-22, Resolution Ordering Preparation of Feasibility Study for the extension of sanitary sewer and water on Arkwright Street between Lark Avenue and Laurie Road. RESOLUTION 07-08-1 ORDERING PREPARATION OF A WHEREAS, it is proposed to make improvements to Arkwright Utility Extension"between Lark Avenue and Laurie Road, City Project 07 22, and to assess the benefited property foe all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429..; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineerfor study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessar;+, cost efFective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Seconded by Councilmember Rossbach. :Ayes '-All August 27, 2007, City Council Meeting 46 8. Mogren Street Improvements, City Project 06-17 a. Resolution Ordering Preparation of Assessment Roll b. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for September 24, 2007. a. Public Works Director, Chuck Ahl presented the report. Councilmember Cave moved to approve the Resolu the Mogren Street Improvement, City Project 06-17. Seconded by Councilmember Juenemann. ORDERING WHEREAS, the city clerk and city eng Improvements, City Project 06-17. NOW, THEREFORE, BE MINNESOTA that the city clerk specially assessed for such impr abutting on the streets affected, file a copy of such proposed ass FURT thereof. CIL OF MAPLEWOOD, ate the proper amount to be t, piece or parcel of land rovided by law, and they shall assessment notify the council August 27, 2007, City Council Meeting 47 Councilmember Cave the Mogren Street Improvement, City Project 06-17. RESOLUTION 07-08-147 ORDERING ASSESSMENT ROLL AND HEARING WHEREAS, the clerk and the city engineer have, assessment roll for the Mogren Street Improvements, Ci roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOL MINNESOTA: 1. A hearing shall be held on the 8`h day upon such proposed assessment and affected by such improvement will be assessment. 2. The city clerk is hereby d assessment to be publisf and to mail notices to the The notice of improvement city engineer an y h~Il at 7:00 pm. to pass persons awning property heard with reference to such on the proposed o weeks prior to the hearing, assessment. the general nature of the t roll is on file with the clerk and Ayes -All August 27, 2007, City Council Meeting 4$ M. N. COUNCIL PRESENTATIONS M1 M2 M3 ADMI Wendy's Restaurant Councilmember Cave asked if Mr. Ahl could shed some light on the future road improvement project on White Bear Avenue and County Road D. Mr. Ahl gave a brief update regarding the latest he had heard regarding the future road construction of White Bear Avenue that may impact Wendy's Restaurant located at 1975 County Road D East, Maplewood. NEST Councilmember Hjelle asked Mayor Longrie and Councilmember Rossbach what the rational was for naming Jim Norman to the position with NEST. Mayor Longrie said Jim Norman recommended by the Mayor of Councilmember Rossbach didn't see a pfoblem with the hiring of this person grid felt the situation didn't need to be discussed anvfurther. City Manager Evaluation Update Councilmember Juenemann felt there had not begirt an improvement in Mr. Copeland's communication skills with her since htls recet>It evaluation. CQ~ncilmember Juenemann said she doesn't have Internet at home, chooses not to'use her f,ome fax and felt the City Manager should call her via the' telephone. Cauncitmemberluenemann was also concerned that there was still a Zack of trust and res~rect for city staff which negatively impacts communication. Councilmember Juenemann also had concerns regarding how the city legal matters. O. August 27, 2007, City Council Meeting 4g