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88-1147 , WHITE - CITV C�ERK PINK - FINANC G I TY OF SA I NT YA U L Council �j , / CANARV - DEPAR7MENT File NO. �v !// / � BLUE - MAVOR , R S 0 L U T I � N RETURN COPY f�0 VALUATIONS ��'-_-------- ROOM 218 � �� ; 0��,. �CRAC08��56) � � /� ,? resente y Refer d To Committee: Date Out ot� Committee By Date I WHEREAS , on February 23 , 1988 , by Final Order , C. F. No. 88-256 the Ciky Council approved the acquisition of the following described proper�y : Lots 1 thru 11 and 20 thru 30 , Block 1 , and Lots 1 thru 11 , Block 4 , Aurora Addition , Ramsey County, Minnesota, (in the vicinity of E. Seventh and Hazel Streets ) ' WHEREAS , the above described property is necessary for public purpos$s in connection with the Stillwater/Nokomis Pond , and ! WHEREAS , it is necessary for the City ' s contractor to enter the abpve described property as soon as possible to begin construction of the pond to provide an outlet for the Stillwater/Nokomis Storm Sewer System which is currently under construction, and WHEREAS , the owners have disputed the appraised value of the proper�y and, WHEREAS , the City has filed a Petition in Condemnation to acquir� the above—described property , and � WHEREAS , in order to obtain access to the property prior to the fi�nal determination of value by District Court proceedings , the City must d�posit the appraisal amount in a trust account in accordance with a stiplulation agreement between the City and the owners , now therefore be it ' RESOLVED , that the proper City officials are hereby authorized to pay� to Bannigan and Kelly, P. A. , Trust Account , representatives of the prpperty owners , the sum of $313 , 800. 00. Said sum to be charged to Fundin�g Source C88-2T621-0788-29037. COUNCI MEN Yeas Nays ; o Requested by Department of: �w � �� Finance and Management Services � � (rcS��YZ In Favor Director Rettma � Scheibe � Against BY �i�t0�co -uyi�son Adopted by Cou�ncil: Date ,�^"` � 4 �v Form Ap oved by Cit At ney , � � � Certified Pass y cil Se ry BY � By � Appro by Ma�or. Da � i 81988 Appro y Mayor for Submis cil B PIALISNED J U L 2 � 1988 . �,�.�,� �,�� S ��iu� Finance � �age�ent Services ; 6/30 J88 � ��t "� �� NO. �01��1, COl�rACT ' oe+�t+r ouxc,on �raa roR o�s.r�wry ' ,. ��t2i �1�.� �Eq FOR _ FiniwcE a ww�.e�ar'eerv�s onecron �+-cm a�c _ �.a.,( , ra. . — � v ROU?tNG euooerowECroA Valutat�ons � Aasess ':ts 5317 o�a: T �,n;,,�„ — . . .. . . . . : . . . ... . . . , � � . . . . . , . . . .:.. �. . ' .. �� .: '-_`3 =` Apprai�e payment of tt�e appraisec� vglue of the land aecessarg for the �tillwater/1Qolcomi"s Poad in. return. far dsed from prop rty owners. The final value will he determined bp ��str.3c Court. NQTE: It is ur$ nt. for the City to begin canstruction on the ponding site in order to complete the prm ect. , IN�e 4A1 a�(R1) ' COtir��naPOar: � r�Na�r�o avw se�co�issioN w�T��+ o��our. Nw.var ; w�No. .. . .� DDPM�O IBO 826 9CNOOL BOARD . ... . . � � .. . � � � . �. . . . - . A �„� �� _�,�� .�►.�_ _�;°R�,� ��•` � �� :-�. . '. •OWIAN,,,,t,N: � � ��..�.. nJ�I1� . 1Y{:� �� Counctl Resea , fi Ce�ter � _ .�. .IUL �1 i988 .1U� - 1 i988 , JUL 0 7 �wnYO�s o�cE ��°� �� - MEtVT'QF i AND NU9WqCfMp�11'�� - . . . . ', - : _ rNr�t�MS amoMr�lN�rr,r twho:v�rwe.rw�,.r�,e►e. : . The const ction di the Stillwater/ oko�is Storm Sewex Pro�ect requires the acquisition of this_ pro erty for ponding purposes. This is the €irst step: in the Can.demnation .Praceas_ ` and will allogi the cvntractor -a�c ss to the propertX.' ` ` ; , I .�c�t�to� �,r�ar. � , _ _ . _ �" 7� The acqu sition �tll`provide an a� a for storm s,iater ruaoff draina.ge. This ailows for the most cost effieient storm sew�� system. 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(�, <�, • �� '�(�t) I IC � i ��) /B58 �s�) �s�) (ss) �,`�, . � �I I w _�� . �i� � 'i � I � �' h. � o � . ;I �C-�//�7 i I Case Type: Condemnation ST;ATE OF MINNESOTA , DISTRICT COURT � CCIUNTY OF RAMSEY SECOND JUDICIAL DISTRICT Court File No: CI'�Y OF SAINT PAUL, Petitioner, vs. S'1�ULATION AGREEMENT LOIS BROM JACOBS; ... et �1, Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF ST. PAUL, COUNTY OF RAMSEY, STATE OF MINNESOTA TO PROVIDE PONDING FOR STORM WATER CONSTRUCTION IN THE STILLWATER/NOKOMIS , STORM SEWER PROJECT � , THIS STIPULATION AGREEMENT entered into this day of , 198�, by and between: ' CITY OF ST. PAUL, RAMSEY COUNTY, MINNESOTA, a municipal corporation, Petitioner in the above-captioned proceedinqs, hereinafter referred to as the "City", and � �' LOIS BROM JACOBS; LOIS B. JACOBS; HJN ENTERPRISES; CHEN CHI HUANG; JANE W. HUANG; FRANK L. REESE; GRETA JEAN REESE; STUART T. HUNGERFORD; C. STUART HUNGERFORD; JOHN D. JACOBS; TERESINHA P. JACOBS; PATRICIA T. JACOBS; GEROGE J. REILING; MARY JANE REILING: CHYNTHIA ANN JACOBS; LBJ REALTY, Respondents in the above-captioned proceedings, hereinafter referred � to as "Owners". t . ', � � ��/�7 WI!TNESSETH: WHEREAS, the Owners hold title in fee simple to those certain properties sit�ated in the City of St. Paul, County of Ramsey, State of Minnesota, described as follows: See Exhibit A attached hereto and incorporated herein by reference bei�g hereinafter known as ParceLs I, II, III, IV and V; and WHEREAS, the City has filed its Petition in Condemnation against the abave-described property in which proceedings the Owners v�Tere properly named and;served with process and to which Owners interpose no objection; and WHEREAS, the parties hereto desire to delimit the issues in these pro�eedings to the issue of damaqes sustained by the Owners on account of the taki�ng by the City of the above-referenced real property and to effect a transfer of r�arketable title to and possession of said property in the City. � ! NOW, THEREFORE, it is hereby mutually agreed as follows: 1) The Owners will, upon disbursement of the monies provided in Par�graph 2 below, deliver to the City properly executed Quit Claim Deeds to the I above-described property naming the City of St. Paul, Ramsey County, Min�esota, a municipal corporation, as Grantee therein, together with such other doc�ments, if any, necessary to vest an unencumbered fes simple title to said prop�rty in the City with the exception of the purported interest of Schurmeier Lanc� & Improvement Co., noted as claimaint of a possible interest arising out of pr�or ownership to tax forfeiture. , 2) The City wi]1 deliver its check in the amount of $ in e�crow, payable to Bannigan & Kelly, P.A., Trust Account, to be disbursed by B�nniqan & Kelly, P.A. to the co-parties Respondent herein, as their interest -2- I � � � � � �� may jappear, as mutually aqreed among them. ' 3) The payment provided in Paraqraph 2 above toqether with the requ�rement that the Owngrs peacibly surrender possessipn to the above described real 'property to the City on or before the date of payment provided in said Para�qraph 2 above is made pursuant to the provisions of Minn. Stat. §ll7.042 ther�of, as amended. '4) The Owners hereby admit to the jurisdiction of the Court in the above- captipned proceedings and waive any rights they may have to contest the suffiGiency of the Petition and the service of Notice thereof, the public character of th� taking, and any other issue or claim exceptinq that of damages sustained by re�son of said taking. 'S) It is understood and agreed that nothinq in this Stipulation Agreement conta�ned shall be construed as prejudicing the riqht of the Owners to receive just qompensation for the takinq of the premises. The City agrees to diligently proseaute these proceedinqs in condemnation. The parties hereto agree that the a�nount of such compensation is and shall remain an issue between them to be� determined in the manner provided by Minn. Stat. Ch. ll7 thereof, as amendled. The parties further aqree that the sum paid hereunder shall apply fully �gainst the ultimate award of damages in these proceedinqs. Interest on the un�aid balance of the Commissioners' Award shall run from the date of taking which,� for purposes of these proceedings, is the date of transfer of title to and posses�ion of the above-described premises. I�i WITNESS WHEREOF, the parties hereto, through the undersiqned, their respec�ive attorneys, set their hands and seaLs all as of the day and year first -3- i �' ; � I � � �� ' � � ��i�7 . , abo�e written. CITY OF SAINT PAUL, � EDWARD �. STARR, City Attorney By John B. McCormick Assistant City Attorney 647 City Hall and Courthouse St. Paul, MN 55102 (612) 298-5121 Attorney No. 69875 Attorneys for Petitioner LOIS;BROM JACOBS, LOIS B. JACOBS, HJN '�ENTERPRISES, CHENG CHI HUANG, JAN� W. HUANG, FRANK L. REESE, GRE't'A JEAN REESE, C. STUART HUNGERFORD, JOH� D. JACOBS, TERESINHA P. JACOBS, PAT ICIA T. JACOBS, GEORGE J. REILING, MARY JANE REILING, CYNTHIA ANN JACQBS, LBJ REALTY By John . Bannigan, Tr. Banni an & Kelly, P.A. 409 lv�idwest Federal Building 50 E. �th Street St. P 1, MN 55101 � (612)�24-3781 Attor�Dey No. 4546 Attorriey for Respondents , i iI -4- I i � , EXHIBIT A ��//� PARCEL I' • ' Lots 1 �0 11 inclusive , Lots 20 to 3B inclusive , all in Block 1 , Aurora Aiddition to St. Paul , Minnesota . Names � � Interests Lois Brolm Jacobs Apparent Fee Owner Cheng-Ch'li Huang Apparent Fee Owner Jane W. �Huang Apparent Fee Owner Frank L. Reese Apparent' Fee Owner Greta Jeian Reese � Apparent Fee Owner Stuart T'. Hungerford aka C. 'Stuart Hung erford Apparent Fee Owner John D. �7acobs Apparent Fee Owner Teresinhla P. Jacobs � aka Patpricia T. Jacobs Apparent •Fee Ownez HJN Enteprprises Possible Claimant of an Interest County olf Ramsey Possible Del inquent Taxes PARCEL � Lots 1 , , 5, 6, and 7 , Block 4 , Aurora Addition to St . Paul Names Interests George J'� Reiling Apparent Fee' Owner � Mary Jan� Reiling Apparent Fee Owner Schurmei�r Land & Improvement Co . Possible Claimant of an Interest � (Owner prior to tax forfeiture) Lois B. ,7acobs • Possible Claimant of an Interest Ramsey CQunty • • Possible Delinquent Taxes PARCEL I Z Lots 3 a d 4 , Block 4 , Aurora Addition to St . Paul . Names Interests � � Lois Brom Jacobs Apparent Fee Owner . Ramsey Cq�unty Possible Delinquent Taxes PARC�L I Lot 8 , B�ACk 4 , Aurora Addition to St. Paul . ' Names �' � Interests , Cynthia Ann Jacobs Apparent Fee Owner ' LBJ Real�y Possible Claimant of an Interest Ramsey C�unty Possible Delinquent Taxes . � PARCEL V �Lots 9 , �0 , and 11 , Block 4 , Aurora Addition to St . Paul . Names ! Interests � Lois B. jfacobs Apparent Fee Owner Ramsey C�unty . Possible Delinquent Taxes , �� i . . � � � " , ,.... /�7 " � ��-� t�: � Q . .... , i CITY OF SAINT PAUL INTERDEP^RTMENTAL MEMORANOUM TO: Tom Kuhfeld FROM�: Dick Hedman �� DATE': February 22 , 1988 SUBJECT: Stillwater-Nokomis Ponding Area When planning for combined sewer separation in Saint Paul, the Sewer Divi�ion considers all feasible cost effective methods to complete this task. In certain cases it has been determined that certain exisiLing large trunk sewers can be used as storm sewers after sanitary sewaqe has been removed. Such is the case with_ the East Side of the city 'bounded by Interstate 94 , Johnson Pkwy, Larpenteur Avenue and' Mc KnigY�t Road. In the period of 1986 to 1988 , The Metropolitan Waste Cont�ol Commission (MWCC) constructed the Middle Beltline Sanitary Inte�'ceptor (Beaver Lake Branch and Lake Phalen Branch) . The construction of this sanitary interceptor now makes it possible to use the qxisting trunk sewer for stormwater. Although the trunk sewer rangels in size from 6 feet to 11 feet 4 inches in diameter, it does not have sufficient capacity for stormwater from the East Side. Theretfore, the Comprehensive Sewer Plan of 1984 , anticipating the MWCC constkuction, proposed the use of four ponding areas for stormwater deten�ion. By temporarily detaining part of the peak stormwater runof� the ponds will relieve the trunk sewer enough to provide adequ�te capacity. water in the ponds will drain away during off peak haurs. The St�illwater-Nokomis Combined Sewer Separation project is consistent with $he Comprehensive Plan. The proposed ponding areas at Hazel and Ross are part of this project scheduled in 1988 . The overall separ�tion plan detailing the ponding areas and trunk sewer�s are shown on th� attached maps. At the� request of the Public Works Committee, I have investigated the altern�atives to such a proposal and the associated costs. The only altern�ative to this ponding area is to build a new storm trunk to reliev�e the existing trunk sewer. The estimated costs for these alternatives are: 1� Ponding as proposed, ', Engineer's Estimate: Pond Construction $ 321, 000 Engineering (16.5�) 32 , 000 Land Acquisition 325 0 Total 678, 000 ' ��-�/S�7 r�� . � 2. Lonq outlet sewer. to partially relieve the existing outlet, outlet, a. Estimated costs to carry flow to Etna-Third Pond: Construction Cost S5, 326, 800 Engineering (16. 5�) 878 , 900 Misc. (10�) 532 ,700 $6, 738 , 400 Easements 20 000 Total 6, 758 , 40 b. Estimated costs to drain to the river without ponding: Construction Cost $7 , 834 , 400 Engineering (16.5�) 1, 292 , 700 Misc. (10�) 783 , 400 $9, 910, 500 Easements 58 000 Total 9 , 968 , 5 Case 2a. involves increased costs of $6, 080, 000 and Case 2b. increased costs' of $9, 291, 000. . -�.____ Failu�re to provide relief by either Case 1 or Case 2 would cause serious flooding of the streets and adjoining property. This would cost �othing for pond or sewer construction but could cause severe propejrty damage and i11-wi11. This project would then be ineligible for federal and state aid because it does not meet design standards. _-.— Under�, this "do nothing" approach local storm sewers would be built and d�ained to the existing trunk sewer. This would violate engin�ering standards, causing potential flooding several times in a 10 year period. The flooding would center on Hazel Street and Ross Avenu� and overflow onto private property and extend for two to three block�. We have on record a number of complaints of backups within this �ewer system. • For dl' scussion purposes, I have considered the possibility of not const�ucting any of the four ponding areas. As you can see, the other three lie along the trunk sewer alignment. Again the alternative would be to build a relief trunk sewer`` ponding alternate would save a very large amount of money. �-�...E:�' /'4�c..: �.u.<...1-.:. s..E,c,,,e.r-- The c�st estimates are: � �� 4�_ �.. Four ponding areas as planned, G�- �� _ �� C•' Engineer's Estimate: ��✓ � F.,� �� Construction $1, 452 , 000 � "'L`-�`-�^g1?, �"� Acquisition 925 000 � � Total 2, 377, 000 �� "�� '�? � � _ _� . ��,��7 � x�� . � • i �� 2. Relief trunk sewer: Engineer's Estimate: Construction $12, 111, 200 Engineering (16. 5�) 1, 999, 200 Ground Support (5�) 605, 500 Misc. (10�) 1, 211, 100 $15,927, 000 Easements 250 000 Total 16, 177, 000 RJH/Qk AttaChments � I I I I , � �`�� ' Members: CITY OP' SAIN'1' PAUL Roger J. Goswitz, chair � „��;,;, Janice Rettman nnl�i o - OFFICI� OF TFI� CITY COUNUIL Tom Dimond �� Date: Committee Report To: Saint Paul City Council �rom :Public Works, Utilities, and Transportation � Committee Roger J. Goswitz, Chair The Public Works Committee at its meeting of July 13, 1988 took the following action: Hearing Date 1. 7/19/88 RATIFICATION OF AWARD OF DAMAGES: Condemning and taking an � easement in the land necessary for slopes, cuts and fills, including right of removal of lateral support from subject land or remainder thereof occasioned by excavations thereof or construction of slopes in the grading and paving of the following avenue and streets. UPLAND AVENUE from Burlington Road to Oakridge Street and OAKRIDGE STREET from approximately 130 feet west of Upland Avenue � to Howard Street and in FIR STREET from Oakridge Street to approximately 500 feet south of Oakridge Street and in HOWARD STREET from Burlington Road to approximately 800 ft. south of Burlington Road. Recommended unanimous approval on 3-0 vote. 2. RATIFICATION OF ASSESSMENTS: For the installation of a sanitary sewer in FORESTER STREET from Canton Street to Bay Street (Laid over from June 22nd) . Recommended unanimous approval on 3-0 vote. 3. FINAL ORDER: Sidewalk construction and/or reconstruction at the following locations: SS-88-36 - Both sides E. COTTAGE AVENUE from Kennard Street to Flandrau Street (Laid over from June 29th) . Recommended unanimous approval on 3-0 vote. SS-88-44 - West side NOKOMIS AVENUE from unimproved E. ' Geranium to unimproved E. Maryland Avenue (Laid over from June 29th) . Recommended unanimous approval on 3-0 vote. CITY HALC. SEVENTH FLOOR SAINT PAUL, MINNFSOTA 55102 . �,4e I ! I I SS-88-56 - North side of E. SEVENTH STREET from E. I! Abutment of E. Seventh Street Bridge to Maria Avenue and i west side of MARIA AVENUE from E. Seventh Street to approximately 12 feet north of E. Seventh Street (Referred to Committee June 28th. � Laid over in Committee indefinitely. 4} FINAL ORDER: For the installation of approximately 42 ', single globe style decorative lights on both sides of SMITH AVENUE from 50 feet north of Annapolis Street to 100 � feet south of Baker Street (West side) and 75 feet south of Baker Street (East side) to be known as the SMITH AVENUE NEIGHBORHOOD PARTNERSHIP PROGRAM (NPP) LIGHTING PROJECT N0. 2. (Laid over from June 29th) . Laid over in Committee to July 27, 1988. 5� , FINAL ORDER: For the operating costs for the Above Standard Street Lighting System for the SMITH AVENUE NEIGHBORHOOD PARTNERSHIP PROGRAM (NPP) LIGHTING PROJECT N0. 2. (Laid over from June 29th) . Laid over in Committee to July 27, 1988. 6. RESOLUTION 88-949 - Authorizing proper City officials to execute a three-year lease agreement with BUDGET TOWING OF ST. PAUL, INC. from June l, 1988 to June 1, 1991 for 7,667 sq. ft. of vacant land under the Earl Street Bridge for storage of non-toxic and non-combustible material by Budget Towing (Laid over from June 29th) . Recommended unanimous approval with amendment to change lease to one year instead of three years. 7. APPLICATION: For transfer of Motor Vehicle Salvage Dealer, Tow Truck Operator-A and 8 Tow Truck Licenses from Roy R. Carlson, Sr. , DBA: Andi's Towing, Inc. at 846 Earl Street � to Roy R. Carlson, Jr. , DBA: BUDGET TOWING, INC. , Recommended unanimous approval with stipulations. 8. RESOLUTION 88-1001 - Authorizing proper City officials to execute an agreement for consultant engineering services with BRW, Inc. for traffic management system on SNELLING AVENUE from Lexington Parkway to Prior Avenue to correct ; air quality problems. Recommended unanimous approval on 3-0 vote. I 2 . �� i�u� �. � i�f �- I� 9,. RESOLUTION 88-1002 - Authorizing proper City officials to execute an agreement with the State Department of ' Transportation which covers the cost,� maintenance and operation of the air quality traffic control signal work ' on SNELLING AVENUE and University Avenues. Recommended unanimous approval on 3-0 vote. lp. RESOLUTION 88-1041 - Approving the reappointment by the Mayor of Raymond Eyler to the Water Board of Commissioners, term to expire June 22, 1992. Recommended unanimous approval on 3-0 vote. 11. FINAL ADOPTION 88-827 - An ordinance amending Chapter 87 of the Legislative Code pertaining to the Water Code and Water Service connections (referred from Council on 6-30- 88) . Recommended approval on 2-1 vote - Dimond voting "NO". 12. RESOLUTION: ' AcquiszCion for acquiring ponding. area a , S�eirth a��iazel StreeCS. Racommended �,,p�roval-� 3-O�:�ote,,� I i �