HomeMy WebLinkAbout10-26-2009
MINUTES
MAPLEWOOD CITY COUNCIL
6:30p.m.,Monday,October 26, 2009
Council Chambers, City Hall
Meeting No.21-09
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 6:30p.m.by Mayor Longrie.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Diana Longrie, MayorPresent
Left at 8:09 p.m.
Erik Hjelle, Councilmember
Kathleen Juenemann, CouncilmemberPresent
John Nephew, CouncilmemberPresent
Will Rossbach, CouncilmemberPresent
D.APPROVAL OF AGENDA
Mayor Longriemoved to approve the agenda as submitted.
Seconded by Councilmember Rossbach.Ayes –All
The motion passed.
E.APPROVAL OF MINUTES
Approval of October 12, 2009,Council Manager Workshop Minutes
Councilmember Juenemannmoved to approve the October 12, 2009, Council Manager
Workshop Meeting Minutes as submitted.
Seconded by CouncilmemberNephew.Ayes –Councilmembers Juenemann,
Nephew & Rossbach
Abstentions–Mayor Longrie &
Councilmember Hjelle
The motion passed.
Approval of the October 12, 2009,Minutes
Maplewood Resident,Elizabeth Sletten requested a fewclarifications be made to the minutes
under visitor presentations, number 2. Specifying the name of the New York lawyerthat she
referred to was Jon A. Kuslerthat drafted the Wetland Ordinance and it was for a DNR permitfor
Kohlman Lake not Kohler Lake. Councilmember Nephew wanted the words drafted the wetland
ordinance changed to drafted “a”wetland ordinance. Mayor Longrie disagreed and felt that
changed what was said.
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Councilmember Nephewmoved to approve the October 12, 2009, City Council Meeting Minutes
as amended.
Seconded by CouncilmemberRossbach.Ayes –Councilmembers Juenemann,
Nephew & Rossbach
Nay
–Mayor Longrie
Abstention–Councilmember Hjelle
The motion passed.
F.VISITOR PRESENTATIONS –PART I
1.Mark Bradley –2164 Woodlynn Avenue, Maplewood.Mr. Bradley discussed an article written
by Nancy Ngo in the St. Paul Pioneer Press regardingcandidates running for seats in
Maplewood that he felt was not factualand not newsworthy.
2.Bob Zick, 2515 White Bear Avenue, Maplewood.Mr. Zick shared various view points of items
he will be discussing on his cable show.
3.David Schilling,1955Greenbrier Avenue, Maplewood.Mr. Schilling read a newspaper article
aloud and talked about the unions and the money they pay to back council members and pay
increases for union employees at the City of Maplewood.
4.Christine Stone, 2727 Hazelwood. Maplewood.Ms. Stone shared her opinion of things
happening at the cityand her appreciation of certain councilmembers as well as the hard
work of the employees at the city.
5.Elizabeth Sletten, 2747 Clarence Street North, Maplewood.Ms. Sletten said she would like a
more thorough writing of the city council minutes and would like to add additional factual
comments to be included in the minutes. Ms. Sletten talked about Aldi’s grocery store and
asked the status of the possibility of Aldi’s coming to Maplewood. Ms. Sletten also discussed
a Maplewood resident who is running for city council and her concern that he is not aware of
what aplan Bcity is.
6.Peter Fischer,2443 Standridge Place, Maplewood. Mr. Fischer discussed the 2009 & 2010
budgetsand the number of full time people that have been added in public safety. Mr. Fischer
discussed the legal name of the Maplewood resident who is running for city council compared
to his name he used on ballot for city council. Mr. Fischer shared his opinion regarding some
of the benefits of having a Human Relations Commission and the fact that Maplewood doesn’t
have one.
7.Del Ray Rokke,454 O’Day Street, Maplewood. Mr. Rokke shared a story with the council as
he felt it related to the way the electionprocesshasoccurred in Maplewoodand if a person
wants to make a change to the process they can always do a write in and decide who they
want to have in office.
G.ADMINISTRATIVE PRESENTATIONS
None.
H.COUNCILPRESENTATIONS
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1.Even Year Elections –
a.Councilmember NephewandCityClerk, Citizen Services, Karen Guilfoile
b.City Attorney, Alan Kantrud answered questions of the council.
This item will be brought back as a workshop in the near future.
I.APPOINTMENTS AND PRESENTATIONS
None.
J.PUBLIC HEARINGS
None.
K.UNFINISHED BUSINESS
1.2010 Charitable Gambling Find Awards
a.Discussion Of Budgeting Funds For
(Councilmember Juenemann)
1.Maplewood Area Historical Society
2.Maplewood Community Center
3.Maplewood Police Reserves
i.Assistant City Manager, Public Works Director, Chuck Ahl gave the reportand
answered questions of the council.
ii.City Attorney, Alan Kantrud answered questions of the council.
iii.Maplewood Police Chief, Dave Thomalla answered questions of the council.
Mayor Longrie asked if anyone wanted to address the council.
1.George Rossbach, 1406 County Road C East, Maplewood. Mr. Rossbach spoke representing
the Historical Societyand as a former member on the city council. Mr. Rossbach felt strongly
about supporting the funding of these programs.
b.Approve Award Amounts
CouncilmemberNephewmoved to approve the charitable gambling expenditures using the same
methodology as 2008 using the amountsin option 2 as shown in the staff report.
Seconded by Mayor Longrie.Ayes –All
The motion passed.
2.Consider Resolution CancelingPublic Hearing On Tax Increment Financing For
Redevelopment District No. 1-10 For The Shores Project Within Gladstone
Redevelopment Area
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report.
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Councilmember Hjellemoved toapprove the resolution canceling the Public Hearing called for
November 9, 2009, for the purpose of discussing the Tax Increment Financing District for The
Shores Development proposal.
RESOLUTION 09-10-274
CANCELLING PUBLIC HEARING ON THE
PROPOSED ESTABLISHMENT OF MUNICIPAL DEVELOPMENT DISTRICT NO. 1,
THEREFORE, THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING
DISTRICT NO. 1-10 WITHIN DEVELOPMENT DISTRICT NO. 1 (LAKE PHALEN
ESTATES PROJECT) AND THE PROPOSED ADOPTION OF A TAX INCREMENT
FINANCING PLAN RELATING THERETO
WHEREAS by resolution adopted on September 28, 2009, the City Council of the City of
Maplewood did hereby call a public hearing for the following matters: (a) proposed modification of
Municipal Development District No. 1, (b) the adoption of a Modification to Development Program
therefore, (c) the proposed establishment of Tax Increment Financing (Redevelopment) District No. 1-10
(Lake Phalen Estates Project) (the “Tax Increment Financing District”) within Development District No. 1,
and (d) the proposed adoption of a Tax Increment Financing Plan relating thereto, all pursuant to and in
accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended
and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively,
the “Act”), and
WHEREAS the proposed developer of said Lake Phalen Estates is not prepared to
provide the necessary information for analysis of said District, and
WHEREAS a new development group has indicated interest in pursuing a revised
development plan for this property.
BE IT RESOLVED by the City Council (the “Council”) of the City of Maplewood, Minnesota (the “City”),
as follows:
1.
Public Hearing. This Council shall cancel the Public Hearing called for November 9, 2009.
2.
The Tax Increment Application filed by the Albert Miller development group is hereby
tabled for consideration when a new development proposal is received. At such time, city staff are
instructed to report to the City Council on said plan and for thepurpose of calling a new hearing for
discussion of said Tax Increment subsidy.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
L.NEW BUSINESS
1.On-Sale Intoxicating Liquor License –Jarrod Keith Byers, New Manager, Champp’s
a.City Clerk, Citizen Services Director, Karen Guilfoile gave the report.
i.Jarrod Byers, Manager Champp’s, 1734 Adolphus Street North, Maplewood
addressed the council.
Councilmember Hjellemoved toapprove the on-sale intoxicating liquor license for Jarrod Keith
Byers for Champp’s, 1734 Adolphus Street North.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
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2.Approval Of Resolution Providing For The Competitive Negotiated Sale Of $2,770,000
General Obligation Improvement Refunding Bond Series 2009B
a.Finance Director, Bob Mittet gave the report and addressed and answered questions of
the council.
i.Doug Green, Springsted Incorporated addressed the council.
Councilmember Hjellemoved toapprove the resolution providing preliminary approval of the sale
of $2,770,000 General Obligation Improvement Refunding Bonds, Series 2009B.
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA
HELD: October 26, 2009
Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City
of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on October 26, 2009, at 7:00
o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $2,770,000
General Obligation Improvement Refunding Bonds, Series 2009B.
The following members were present:
and the following were absent:None
Member Hjelleintroduced the following resolution and moved its adoption:
RESOLUTION 09-10-275
PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF
$2,770,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING
BONDS, SERIES 2009B
A.
WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has
heretofore determined that it is necessary and expedient to issue $2,770,000 General Obligation
Improvement Refunding Bonds, Series 2009B (the "Bonds"), to refund the February1, 2011 through
February 1, 2018 maturities of the City’s General Obligation Improvement Bonds, Series 2002A, dated
August 1, 2002; and
B.
WHEREAS, the City has retained Springsted Incorporated, in Saint Paul,
Minnesota ("Springsted"),as its independent financial advisor and is therefore authorized to sell these
obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60,
Subdivision 2(9); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1.
Authorization. The City Council hereby authorizes Springsted to solicit proposals
for the competitive negotiated sale of the Bonds.
2.
Meeting; Proposal Opening. This City Council shall meet at the time and place
specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals
for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted
and shall be opened at the time specified in such Terms of Proposal.
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3.
Terms of Proposal. The terms and conditions of the Bonds and the negotiation
thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved
and made a part hereof.
4.
Official Statement. In connection with the sale, the City Clerk, Mayor and other
officers or employees of the City are hereby authorized to cooperate with Springsted and participate in
the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City
upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by member Nephew
and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:None
Whereupon said resolution was declared duly passed and adopted.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
M.CONSENT AGENDA
1.Councilmember Hjellemoved to approve items1, 8and 9.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
2.Councilmember Juenemannmoved to approve item2.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
3.Councilmember Hjellemoved to approve item3.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
4.Councilmember Juenemannmoved to approve item4.
Seconded by CouncilmemberHjelle.Ayes –All
The motion passed.
5.Mayor Longriemoved to approve item5.
Seconded by CouncilmemberHjelle.Ayes –All
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The motion passed.
6.Councilmember Nephewmoved to approve item6.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
7.Councilmember Nephew moved to approve items7
Seconded by Councilmember Hjelle.Ayes –All
The motion passed.
1.Approval of Claims
CouncilmemberHjellemoved Approval of Claims.
ACCOUNTS PAYABLE:
$145,865.50Checks # 79549thru #79608
$ 351,463.92Disbursements via debits to checking account
Dated 10/02/09thru 10/09/09
$17,890.27Checks # 79609thru #79623
Dated 10/09/09 thru 10/20/09
$ 145,695.76Disbursements via debits to checking account
Dated 10/09/09thru 10/16/09
__________________
$ 660,915.45Total Accounts Payable
PAYROLL
$581,082.51Payroll Checks and Direct Deposits dated 10/16/09
$ 2,229.75Payroll Deduction check #1007955thru #1007956
dated 10/16/09
___________________
$583,312.26Total Payroll
GRAND TOTAL
$ 1,244,227.71
Seconded by Councilmember Juenemann.Ayes –All
The motion passed.
2.Currency Exchange Annual Renewal For Cashway Checking
Councilmember Juenemannmoved toapprove the annual renewal license for Cashway
Checking.
Seconded by CouncilmemberNephew.Ayes –All
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The motion passed.
3.Approval of Rates For Police and Fire Services Provided To the City of Landfall For 2010
CouncilmemberHjellemoved toapprove the rates for policeand fire services provided to the City
of Landfall for 2010.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
4.White Bear Avenue/County Road D Improvements, City Project 08-13, Approval Of
Cooperative Agreement (PW 2009-16) WithRamsey County
CouncilmemberJuenemannmoved toapprove the White Bear Avenue/County Road D
Improvements (County Road D portion), City Project 08-13, Approval of Cooperative Agreement
(PW 2009-16) with Ramsey County, and the mayor and city manager are authorized to sign the
agreement signifying council approval. Minor modifications may be made upon review and
approval of the City Attorney.
RAMSEY COUNTY
COOPERATIVE AGREEMENT
WITH CITY OF MAPLEWOOD
County Road D betweenEstimated Amount Receivable
Flandrau Street and White Bear Avenuefrom City of Maplewood
Reconstruction
S.P. 62-619-30
S.P. 62-596-04
Minn. Proj. ES10ES (045)Construction Costs
City Project 08-13 (Right-of-Way)
BASE BID
Betterments $21,474.34
Curb & Gutter $5,386.20
EVP, Crosswalks, etc $13,864.18
Alternate Bid 1 $86,848.50
$127,573.22
Attachments:Design Engineering (12%) $73,463.65
Engineers EstimateConstruction Eng. (12%) $73,463.65
$146,927.30
TOTAL $274,500.52
THIS AGREEMENT, by and between the City of Maplewood, a municipal
corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State
of Minnesota, hereinafter referred to as the "County";
WITNESSETH:
WHEREAS, the City and the County desire to reconstruct County Road D between Flandrau
Street and White Bear Avenue; and
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WHEREAS, County Road D between Flandrau Street and White Bear Avenue is designated
County State Aid Highway 19 and is in the City; and
WHEREAS, preliminary studies and reports conducted by the City and County indicate that it is feasible,
practical, and technically proper to provide for the reconstruction of County Road D between Flandrau
Street and White Bear Avenue (“Project”); and
WHEREAS, the County and the City, through its consultant Kimley-Horn, are providing
engineering services for the Project, including preparation of designs, plans, specifications, estimates,
proposals and approvals in accordance with funding requirements to take bids for this Project; and
WHEREAS, the construction portion of the Project is designated as eligible for stimulus
American Recovery and Reinvestment Act (ARRA) Federal Funds as Minn. Proj. ES10ES (045) in an
amount up to $2,548,086.00; and
WHEREAS, the Project is also eligible for funding from County State Aid Highway (CSAH) funds
as S.P. 62-619-30 for reimbursement of County costs and for reimbursement of Maplewood costs as S
P. 62-596-04; and for funding from Maplewood Municipal State Aid (MSA) Funds and Maplewood non-
participating local funds for reimbursement of Maplewood costs; and
WHEREAS, plans for this Project, S P. 62-619-30 and S.P. 62-596-04 and Minn. Proj. ES10ES
(045), showing proposed intersection reconstruction, alignment, profiles, grades and cross-sections for
the improvement of County Road D between Flandrau Street and White Bear Avenue within the limits of
the City as a Federally-assisted CSAH project have been presented to the City; and
WHEREAS, the grading and widening provisions as part of the Construction Plans for County
Road D require acquisition of certain right of way and temporary construction easements prior to
construction for parcels 10, 18, 19, 24, & 25 which are already part of the Right of Way acquisition for the
County’s White Bear Avenue Project 62-665-48; and
WHEREAS, the County has contracted with SRF Consulting Group, Inc. to assist in acquiring
necessary rights of way as determined by the Project grading limits under White Bear Avenue Project
S.A.P. 62-665-48 utilizing CSAH funds; and
WHEREAS, the Project includes grading, concrete and bituminous paving, cross walks, utility
adjustments, concrete curb and gutter, storm sewers, traffic control signals, Emergency Vehicle Pre-
emption System (EVP), and restoration; and
WHEREAS, the County will take bids for the Project, prepare an abstract of bids and cost
participation summary, request the City's concurrence to award a contract, award a contract and pay the
contractor from ARRA Federal Funds, CSAH Funds, MSA Funds, and non-participating Maplewood
Local Funds identified for the Project.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1.Prior to County award of a contract, the County shall first receive concurrence from the City for
award of the contract to the lowest responsible bidder.
2.Upon award of a construction contract the County shall perform or contract the performance of
the construction inspection including survey work.
3.The County shallacquire and pay for all rights of way and easements required for the
construction of the Project within the grading limits of the plan. Any rights of way that cannot be
negotiated will be acquired through eminent domain proceedings.
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4.All City owned rights of way and easements within the limits of the Project for roads, utilities and
stormwater are hereby granted to the County for Project use during construction.
5.The County will contract with SRF Consulting Group, Inc. for rights-of-way acquisition services on
the Project at no cost to the City.
6.The County and the City shall participate in the construction costs and engineering fees in
accordance with the adopted Ramsey County Public Works Cost Participation Policy.
7.The estimated construction cost of items eligible for ARRA Federal Fund participation is
$2,870,518.38 for the base bid, $86,848.50 for Alternate Bid 1, $42,000 for Alternate Bid 2, and
$90,000.00 for Alternate Bid 3.ARRA Federal Funds granted to this Project shall be applied first to all
private drives and the traffic control systems. Any remaining funds shall be applied to all remaining
eligible items in the base bid, then in Alternate Bid 1, then 2, then 3.The ARRA Federal Funds are
capped at $2,548,086.00. Construction costs over the capped ARRA amount shall be paid in
accordance with the Ramsey County Public Works Cost Participation Policy.
8.The City has the right to accept or reject Alternate Bid 1 (Southlawn). The City shall incur 100%
of the costs of Alternate Bid 1 after the application of any ARRA Federal Funds. The City will pay all
design and construction engineering fees for Alternate Bid 1.
9.The County shall incur 100% of the costs of Alternate Bids 2 and 3 after application of any ARRA
Federal Funds including all design and engineering fees for Alternate Bids 2 and 3.
10.The estimated cost of items not eligible for ARRA Federal funding is $21,474.34 (non-
participation) for water service repair/replacement (betterments). This cost will be paid by the City.
11.Storm sewer construction costs attributable to the road rights of way and facilities needed for the
road drainage are eligible for reimbursement from CSAH funds. The City and the County shall each pay
for the storm sewer construction costs as determined by the MN/DOT hydraulics memorandum.
12.Upon completion of the Project, the County shall own and maintain the storm sewer catch basins
and leads on County roads and the City shall own and maintain the storm sewer trunk lines within the
City. Laterals and drains servicing property within the City outside the road right of way shall also be
owned and maintained by the City.
13.The City and the County shall maintain the traffic signals as per the Ramsey County /City of
Maplewood Maintenance Agreements PW2009-17 for the intersection of Southlawn Avenue and County
Road D and PW 2009-18 for the intersection of Maplewood Mall Drive and County Road D.
14.After the application of ARRA Federal Funds, the City shall reimburse the County 100% of the
construction cost for the difference between standard concrete and colored concrete crosswalks and
colored medians on the Project, realizing the color upgrade is requested by the City.
15.After the application of ARRA Federal Funds, the City shall reimburse the County 75% of the
construction cost of the new concrete curb and gutter on the Project.
16.After the application of ARRA Federal Funds, the City shall reimburse the County 100% of the
construction cost of the EVP.
17.After the application of ARRA Federal Funds, the County shall pay 100% of the construction cost
of replacement of the existing concrete curb and gutter.
18.After the application of ARRA Federal Funds, the City shall reimburse the County 100% of the
construction cost of S.P. 62-596-04 items shown in the attached Engineer’s Estimate for Alternate Bid 1.
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19.After the application of ARRA Federal Funds, the County shall pay 100% of the construction cost
of S.P. 62-596-04 items shown in the attached Engineer’s Estimate for Alternate Bids 2 and 3.
20.The City shall reimburse the County twelve percent (12%) of its share of the design cost prior to
the application of ARRA Federal Funds in accordance with the County’s cost participation policy, as
determined by the low bid as a design engineering fee.
21.The City shall reimburse the County twelve percent (12%) of its share of the construction cost
prior to the application of ARRA Federal Funds in accordance with the County’s cost participation policy,
as determined by the final amount due the contractor as a construction engineering fee.
22.All City utilities or facilities modified or added to those provisions presently made in the plans and
specifications may be incorporated in the construction contract by supplemental agreement and shall be
paid for as specified in the supplemental agreement. Designand construction engineering fees will be
paid according to paragraphs 19 and 20 above.
23.Quantity distributions identified above are shown in the Statement of Estimated Quantities in the
plans. Estimated costs are identified in the Engineer’s Estimates. Actual costs shall be based on the
contractor's unit prices and the quantities constructed, including the selection of any Alternate Bids.
24.All liquidated damages assessed against the contractor in connection with the work performed on
the Project shall result in a credit shared by the City and the County in the same proportion as their
respective total share of construction costs to the total construction cost without deduction for liquidated
damages.
25.The City shall not assess or otherwise recover any portion of its cost for this Project through levy
on County-owned property.
26.The County shall, when a construction contract is proposed to be awarded, prepare a revised
estimate and cost participation breakdown based on construction contract unit prices and submit a copy
to the City. Upon concurrence to award a construction contract, the City agrees to advance to the
Treasurer of Ramsey County an amount equal to the City’s total construction cost share.
27.Upon substantial completion of the work, the County shall prepare a revised estimate of the cost
participation breakdown based upon the contract unit prices and the actual units of work estimated to
have been performed and submit a copy to the City. The construction engineering costs to be paid the
County by the City shall be based on this estimated final construction cost. The County shall add to the
City's estimated final construction costs the construction engineering costs, make necessary adjustments
for liquidated damages, if any, and deduct City funds previously advanced for the Project by the City.
The City agrees to pay to the County any amounts due. In the event the calculations show that the City
has advanced funds in a greater amount than is due to the County, the County shall refund the amount
to the City without interest.
28.The City and County shall indemnify, defend and hold each other harmless against any and all
liability, losses, costs, damages, expenses, claims, or actions, including attorney’s fees, which the
indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay,
arising out of or by reason of any act or omission of the indemnifying party, its officials, agents or
performthe indemnifying party’s
employees, in the execution, performance, or failure to adequately
obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by
the County or the City of any statutory or common law immunities, limits, or exceptions on
liability.
This Agreement shall remain in full force and effect until terminated by mutual agreement
29.
of the City and the County.
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Preliminary plans reviewed at the City public hearing and final plans and specifications
30.
are hereby in all things approved.
Notices required under this Agreement shall be sent to the following addresses
31.
City of MaplewoodRamsey County
1830 County Road B1425 Paul Kirkwold Drive
Maplewood, MN 55109Arden Hills, MN 55112-3933
Seconded by CouncilmemberHjelle.Ayes –All
The motion passed.
5.White Bear Avenue/County Road D Improvements, City Project 08-13, Approval Of Traffic
Signal Maintenance Agreements With Ramsey County (County Road D At Southlawn
Avenue and County Road D At Maplewood Mall Drive)
Mayor Longriemoved toapprove the maintenance agreements with Ramsey County for the traffic
control signals located at the intersections of County Road D at Southlawn Avenue and County
Road D at Maplewood Mall Drive, and direct the mayor and city manager to sign the agreements
signifying the city council approval. Minor revisions as approved by the City Attorney are
authorized as needed for the agreement.
AGREEMENT FOR MAINTENANCE
OF TRAFFIC CONTROL SIGNALS
AGREEMENT NO. PW2009-17
THIS AGREEMENT, made and entered into by and between the County of Ramsey,
(“County,") and the City of Maplewood (“City” ) for the installation and maintenance of a traffic control
signal system with street lights, signs, interconnect and emergency vehicle pre-emption at the
intersection of County Road D and Southlawn Avenue;
WHEREAS, the County has determined that there is justification and it is in the public’s best
interest to install new traffic control signals with street lights, signs, interconnect and install an
emergency vehicle pre-emption at County Road D and Southlawn Avenue; and
WHEREAS, the City requested and the County agrees to provide an Emergency Vehicle Pre-
emption System, hereinafter referred to as the “EVP System” as a part of said traffic control signals
with street lights in accordance with the terms and conditions hereinafter set forth; and
WHEREAS, construction cost of the traffic control signals with street lights, signs, interconnect
and emergency vehicle pre-emption will be funded in accordance with a separate agreement for the
reconstruction of County Road D between Flandrau Street and White Bear Avenue American
Reinvestment and Recovery Act Project No. S.P. 62-619-30, S.P. 62-596-04, Minn. Proj. ES10 ES
(045); and
WHEREAS, the County and the City will participate in the maintenance and operation of said
traffic control signals with street lights, signs, interconnect and EVP system as hereinafter set forth.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1.The County shall install or cause the installation of said traffic control signals with street lights,
signs, interconnect and EVP system in accordance with the plan and specification for the County
Road D between Flandrau Street and White Bear Avenue.
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2.The City shall install or cause the installation of an adequate electric power supply to the
service pad including any necessary extensions of power lines. Upon completion of the traffic control
signals with street lights, signs, interconnect and EVP system installation, necessary electrical power
for their operation shall be at the cost and expense of the City. In accordance with the Policy for
lighting County Roadways, County Board Resolution 78-1394, the City shall maintain and pay energy
costs of the integral street lights.
3.Upon completion of the work the County shall maintain and keep in repair the traffic control
signal including relamping and cleaning at its expense.
4.Upon completion of the work the County shall maintain and keep in repair the interconnect and
signs at its cost and expense.
5.The EVP system shall be operated, maintained, revised or removed in accordance with the
following conditions and requirements:
a. All modifications, revisions and maintenance of the EVP System considered necessary or
desirable for any reason, shall be done by County forces, or, upon concurrence in writing by
the County’s Traffic Engineer, may be done by others all at the cost and expense of the City.
b. Emitter units may be installed and used only on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03.
c. The City shall maintain and require others using the EVP System to maintain a log showing
the date, time and type of emergency for each time the traffic signal covered hereby is
actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported
to the County immediately.
d. All maintenance of the EVP System shall be performed by the County, and the City shall be
responsible for actual cost thereof. The County shall submit and invoice to the City annually,
listing all labor, equipment, materials and overhead used to maintain the EVP System. Labor
cost and overhead and equipment costs will be at the established rates paid by the County at
the time the work is performed, and material costs will be invoiced at the actual cost thereof to
the County. The City shall promptly pay the County the full amount due.
e. In the event said EVP System or components are, in the opinion of the County, being
misused or the conditions set forth in Paragraph b above are violated, and such misuse or
violation continues after receipt by said party of written notice thereof from the County, the
EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components
shall become the property of the County. All infrared detector heads and indicator lamps
mounted external to the traffic signal cabinet will be returned to the City. The detector receiver
and any other assembly located in the control signal cabinet, which if removed will not affect
the traffic control signal operation will be returned to the City.
f. All timing of said EVP System shall be determined by the County, through its Traffic
Engineer, and no changes shall be made to these adjustments without the approval of the
County.
6.All timing and related adjustmentsof the traffic control signals shall be determined by the
County through its Traffic Engineer, and no changes shall be made to these adjustments without the
approval of the County.
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7.Any and all persons engaged in the maintenance work to performed by the County shall
not be considered employees of the City, and any and all claims that may arise under the
Worker’s Compensation Act of this State on behalf of those employees so engaged, and any and
all claims made by any third party as a consequence of any negligent act or omission on the part
of those employees so engaged on any of the work contemplated herein shall not be the
obligation and responsibility of the City.
8.The City and the County shall indemnify, defend and hold each other harmless against
any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney’s
fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur,
or be required to pay, arising out of or by reason of any act or omission of the indemnifying party,
its officials, agents or employees, in the execution, performance, or failure to adequately perform
the indemnifying party’s obligation pursuant to this Agreement. Nothing in this Agreement shall
constitute a waiver by the County or the City of any statutory or common law immunities, limits,
or exceptions on liability.
WHEREFORE, this Agreement is duly executed on the last date written below.
RAMSEY COUNTYCITY OF MAPLEWOOD, MN
By:
Jan Parker, ChairPrint Name:
Ramsey County Board of CommissionersIts:
________________________________
____________________________________By:
Bonnie Jackelen, Chief ClerkPrint Name:
Ramsey County Board of CommissionersIts: ________________________________
Date: _______________________________ Date: _______________________________
Approval recommended:
Kenneth G. Haider, P.E, Director
Public Works Department
Approved as to form and insurance:
Assistant County Attorney
Seconded by CouncilmemberHjelle.Ayes –All
The motion passed.
6.2529 White Bear Avenue North, Approval of Environmental Utility Fee Reduction
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Councilmember Nephewmoved toapprove a 75% EUF reduction on 1.04 acres off the 4.14 acre
commercial property located at 2529 White Bear Avenue North.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
7.Resolution Of Support For Habitat Enhancement At Joy Park
Councilmember Nephewmoved toapprove the resolution in support of Habitat Enhancement at
Joy Park and Authorizing an Application for Grant Funds.
RESOLUTION NO09-10-276
.
CITY OFMAPLEWOODMINNESOTA
,
RESOLUTION IN SUPPORT OF HABITAT
ENHANCEMENT AT JOY PARK AND AUTHORIZING AN
APPLICATION FOR GRANT FUNDS
WHEREAS
the City of Maplewood supports the restoration and enhancement of habitat at Joy Park; and
WHEREAS
habitat restoration at Joy Park meets the purposes and criteria of the Minnesota Department
of Natural Resources Conservation Partners Legacy Grant Program. The city has prepared a proposal
for 10 acres of habitat enhancement at the park to include oak woodlands, oak savanna, wetlands, and
shoreline; and
WHEREAS
the City has the institutional, managerial and financial capability to ensure adequate project
administration; and
WHEREAS
the City agrees to match the grant with 10% cash and/or in-kind services, half of which may
be provided by other partners; and
NOW THEREFORE BE IT RESOLVED
that, after appropriate examination and due consideration, the
governing body of the City authorizes its Community Development and Parks Department to submit on
behalf of the City an application for Conservation Partners Legacy grant funds for the Joy Park Habitat
Enhancement Project.
I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota,
on ___________________________.
SIGNED: WITNESSED:
_____________________________________________________
(Signature) (Signature)
Mayor ____________________City Clerk____________________
__________________________ (Date) ____________________________ (Date)
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Seconded by CouncilmemberHjelle.Ayes –All
The motion passed.
8.Legacy Village Annual Planned Unit Development Review
Councilmember Hjellemoved toapprove the conditional use permit for the Legacy Village
planned unit development in one year.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
9.Salvation Army Conditional Use Permit Review –2080 Woodlynn Avenue
Councilmember Hjellemovedtoapprove the conditional use permit for the Salvation Army at
2080 Woodlynn Avenue. This shall be reviewed only if a problem arises or if the owner proposes
a major change.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
N.AWARD OF BIDS
1.White Bear Avenue Improvements (County Road D portion), City Project 08-13,
Resolution of Concurrence with Ramsey County for Award of Bid
Councilmember Hjellemoved to approve the resolution of Concurrence with Ramsey County for
Award of Bid for White Bear Avenue Improvements (County Road D portion), City Project 08-13.
RESOLUTION09-10-277
CONCURRENCE FOR AWARD OF BID
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Shafer Contracting Company, Inc. in the amount of $2,470,631.89 for the Base Bid plus Bid
Alternate 1 is the lowest responsible bid for the construction of the White Bear Avenue
Improvements (County Road D portion) –City Project 08-13, and per the cooperative agreement
between Ramsey County and the City ofMaplewood (Agreement PW 2009-16), the City of
Maplewood, through this resolution, is signifying concurrence in order for Ramsey County to enter
into a construction contract with Shafer Contracting Company, Inc. for said improvements.
Adopted by the council this 26th day of October 2009.
Seconded by CouncilmemberRossbach.Ayes –All
The motion passed.
2.Replacement of City Hall Boilers, Award of Bid (Stimulus Funded)
Councilmember Hjellemoved to approve the approval to spend up to $64,400 of Stimulus Funds
and $1,500 of Funds Leveraged from GL #101-115-000-4430 (Repair and Maintenance of
Equipment) for a total project amount of $65,900. Staff is recommending that City Council
approved the Boilers Replacement Project and award the bid to Egan Companywith a bid of
$65,900.
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Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
O.VISITOR PRESENTATIONS –PART II
None.
P.ADJOURNMENT
Mayor Longrie adjourned the meeting at8:18p.m.
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