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HomeMy WebLinkAbout05-12-2008A. A A FBI E MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, May 12, 2008 Council Chambers, City Hall Meeting No. 15-08 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:37 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA Councilmember Hjelle moved to continue the council meeting through item L2 and meet again on Thursday, May 15, 2008, at 5:00 p.m. for the remainder of the council items. The public hearing item would be at 7:00 p.m. Seconded by Nephew. The motion passed. APPROVAL OF MINUTES Ayes — Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Nay — Councilmember Juenemann Councilmember Hjelle moved to approve the April 28, 2008, 5:00 Special Closed Session Meetina minutes as submitted. Seconded by Councilmember The motion passed. Ayes — All Approval of the April 28, 2008, City Council Meeting Minutes Councilmember Juenemann requested that the recording secretary verify the correct spelling on page 37, item K1, speaker number 1. Michelle DeMar at 2746 Clarence Street verifying the spelling of her last name. (The recording secretary confirmed that according to Ramsey County records the correct spelling is Demarre. The corrections were made to the minutes.) Councilmember Hjelle moved to approve the April 28, 2008, City Council Meeting minutes as amended. Seconded by Councilmember Nephew. Ayes — All May 12, 2008 City Council Meeting Minutes The motion passed. Councilmember Nephew moved to approve the May 1, 2008, Special Closed Session Meeting Minutes as submitted. Seconded by Councilmember Hjelle. Ayes — Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Abstain —Councilmember Juenemann The motion passed. F. VISITOR PRESENTATIONS — PART I Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. Mr. Schriener stated some time ago he went to the Maplewood City Hall to speak with a planner in the Planning Department and he requested to look at the tree plan for the Beaver Creek development. He was told a tree plan existed but nobody could find the tree plan. This concerned Mr. Schriener so he mentioned it several times at previous council meetings. Recently he revisited the Planning Department when he heard the tree plan had been located and it had been put away in the wrong area. He was surprised and upset to see the tree plan in question had been dated March 7, 2008, when the tree plan supposedly existed years ago when the development proposal came before the council for approval. This concerned him and he wanted the council to be aware of this important fact. 2. Roger Kyle, 1140 Beaver Creek Parkway, Maplewood. Mr. Kyle said he is a neighbor of Mr. Schriener and he too was concerned about the tree plan that Mr. Schriener spoke of. He has other concerns regarding this development and wanted to bring this information to the attention of the council. Mayor Longrie requested that Mr. Ahl schedule a follow up on this for the city council and stated that the council would like to see this tree plan in question that was mentioned by the two residents dated March 7, 2008. 3. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten discussed the Sniffer article that Mayor Longrie had discussed at a past council meeting and referenced money that was to be spent by city's to pay for the use of Sniffers. Ms. Sletten also mentioned that she has made several data practice requests that she still has not received which she requested over a month ago and wanted to know when it would be available. 4. Bob Zick 2515 White Bear Avenue, Maplewood. Mr. Zick said his comments and concerns during visitor presentations haven't been accurately reflected in the council minutes and he asked why that was. Mr. Zick went on to discuss a number of controversial items such as his opinion that there are political payoff's going on at the city and that former City Manager, Richard Fursman should not have received reimbursement of $8,700 for educational expenses from his former contract. Mr. Zick stated he wants someone to find out the price difference for educational expenses for the classes Mr. Fursman took at St. Thomas compared to the price of classes at the University of Minnesota. Mr. Zick stated there were allegations of a former City Manager regarding sexual harassment, he discussed allegations of $4,000 legal fees for Applewood Park against Nancy Lazaryan and Mr. Zick discussed the fact that the Maplewood Fire Department is suspected of May 12, 2008 2 City Council Meeting Minutes stealing computers from the Wipers Recycling building in Maplewood since the Fire Department had keys to the building. G. ADMINISTRATIVE PRESENTATIONS None. Mayor Longrie stated that due to the schedule the council is following and that its 7:00 p.m., item H. would be moved to the end of the council meeting. H. COUNCIL PRESENTATIONS 1. Request for Ideas and Designs for Building a Personal Fire Pit — Councilmember Hjelle 2. The "Nicest' Fire Pit in Maplewood Contest — Councilmember Hjelle 3. Update regarding on-line Council Packets — Mayor Longrie 4. Follow-up Regarding Contacts at 3M. — Mayor Longrie 5. Follow-up of Recycling of Printer Cartridges — Mayor Longrie 6. Attending the Ball of the Wild — Mayor Longrie 7. Beaver Lake Follow up — Mayor Longrie APPOINTMENTS AND PRESENTATIONS Proclamation — 2008 Police Week a. Maplewood Police Chief, Dave Thomalla gave the report. b. Mayor Longrie read the Proclamation aloud. Councilmember Juenemann moved to approve the Proclamation in recognition of May 11-17, 2008. as Police Week and Mav 15. 2008 as Peace Officers Memorial Day. PROCLAMATION WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day and the week in which it falls as Police Week; and WHEREAS, the members of the Maplewood Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Maplewood; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the Maplewood Police Department has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service; NOW, THEREFORE, we, the City Council of Maplewood, call upon all citizens of Maplewood and upon all patriotic, civil and educational organizations to observe the week of May 11 through 17, 2008, as Police Week, with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. May 12, 2008 3 City Council Meeting Minutes WE FURTHER call upon all citizens of Maplewood to observe Thursday, May 15, 2008, as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. IN WITNESS WHEREOF, we have hereunto set our hands and caused the Seal of the City of Maplewood to be affixed. Done at the City of Maplewood this date of May 12, 2008. Diana Longrie, Mayor Kathleen Juenemann, Councilmember Erik Hjelle, Councilmember Seconded by Councilmember Nephew. The motion passed. Will Rossbach, Councilmember John Nephew, Councilmember Ayes — All 2. Resolution of Appreciation for James Beardsley, Environmental and Natural Resources Commission. a. Acting City Manager, Chuck AN introduced the report. b. Mayor Longrie read the Resolution of Appreciation for James Beardsley aloud. Councilmember Nephew moved to approve the Resolution of Appreciation for James Beardsley on the Environmental and Natural Resources Commission. RESOLUTION 08-05-063 RESOLUTION OF APPRECIATION WHEREAS, James Beardsley has been a member of the Maplewood Environmental and Natural Resources Commission for one year and two months, from December 11, 2006, to February 19, 2008; and served on the Environmental and Natural Resources Committee for two years prior to that, and has served faithfully in that capacity; and WHEREAS, the Environmental and Natural Resources Commission has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Beardsley has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Beardsley has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. May 12, 2008 4 City Council Meeting Minutes NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that James Beardsley is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on May 12, 2008. Passed by the Maplewood Environmental and Natural Resources Commission on April 1, 2008. Attest: Karen Guilfoile, City Clerk Diana Longrie, Mayor Ginny Yingling, Chairperson Seconded by Councilmember Juenemann. Ayes — All The motion passed. J. PUBLIC HEARINGS Hazelwood Street Improvements, City Project 07-25. a. Assessment Hearing 7:00 p.m. b. Resolution for Adoption of Assessment Roll. c. Resolution for No Parking. d. Resolution for Awarding Construction Contract. e. Maplewood Civil Engineer II, Michael Thompson gave the presentation and read the objections aloud that were received prior to the council meeting. Mr. Thompson answered questions of the council. f. Acting City Manager, Public Works Director, Chuck AN said the Assessment Hearing Objection Forms are on the table in the back of the room. If residents in this area complete one of these objection forms they should be presented to the city clerk or the Civil Engineer prior to the Mayor closing the public hearing in order for the objection forms to be accepted. Mayor Longrie opened the public hearing. Patrick Horan, 2034 Hazelwood Avenue, Maplewood. Mr. Horan said he believes the restriction for parking should be setback to the south of the Gateway Trail on the east side of Hazelwood a significant distance so that any cars that would be parking in the now permitted proposed parking area would not obstruct the view of the drivers of the cars as well as the pedestrians as people skateboard, rollerblade or push strollers through the area. (Michael Thompson said staff is acting on this request. Staff is requesting that the council adopt the "no parking resolution" now but would likely bring this back to the council on June 9th to readopt a new version of the resolution with the input received.) May 12, 2008 5 City Council Meeting Minutes Mayor Longrie closed the public hearing Councilmember Rossbach moved to approve the Adoption of the Assessment Roll for the Hazelwood Street Improvements Project, City Project 07-25, less all objections as noted within this report and five objections received at the assessment hearing. Objections will be referred to staff for review and recommendation to the city council at the June 9, 2008, regular meeting. RESOLUTION 08-05-064 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on March 24th, 2008, calling for a Public Hearing, the assessment roll for the Hazelwood Street Improvements, City Project 07-25, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Stanley Sommers, 2107 Hazelwood Street (PIN 15-29-22-21-0039) 2. William Carlson (son) on behalf of Elizabeth and William Carlson, 1962 Hazelwood Street (PIN 15-29-22-13-0051) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: That the City Engineer and City Clerk are hereby instructed to review the objections received, as noted above, along with any and all objections filed at the Assessment Hearing, and report to the City Council at the regular meeting on June 9th, 2008, as to their recommendations for adjustments. The City Engineer and City Clerk are hereby instructed to delay all assessments proposed for the above objections thereof and shall be included in the final recommendations of the City Engineer on June 9th, 2008. 2. The assessment roll for the Hazelwood 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 2009 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, 2008. 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, 2008, 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, 2008, 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 October 15 or interest will be charged through December 31 of the next succeeding year. May 12, 2008 6 City Council Meeting Minutes 5. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November 1, 2008, 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 12th day of May 2008. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Councilmember Rossbach moved to table the Resolution Adopting the "No Parking" restrictions as stated herein until such time staff has time to further clarify and work with the neighbors. Seconded by Mayor Longrie. The motion to table passed. Ayes — Al I Councilmember Juenemann moved to Award the Base Bid, Bid Alternate #1 and partial Bid Alternate #3 portions of the construction contract for the Hazelwood Street Improvement Project, City Project 07-25, to Tower Asphalt Inc. of Lakeland, Minnesota in the amount of $1,241,296.25. RESOLUTION 08-05-065 AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Tower Asphalt Incorporated in the amount of $1,241,296.25, which includes the Base Bid, Bid Alternate #1 and partial Bid Alternate #3 portions of the contract, is the lowest responsible bid for the construction of Hazelwood Street Improvements, City Project 07-25, 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 12th day of May, 2008. Seconded by Councilmember Hjelle. The motion passed. K. UNFINISHED BUSINESS Ayes — Al I May 12, 2008 7 City Council Meeting Minutes 1. Kohlman Lane Area Street Improvements, City Project 07-21, Resolution Adopting Revised Assessment Roll. a. Maplewood Civil Engineer II, Michael Thompson gave the presentation. Mayor Longrie asked if any citizens wanted to speak regarding this item. There were no speakers to come forward. Councilmember Nephew moved to approve the Resolution for the Adoption of the Revised Assessment Roll for the Kohlman Lane Area Street Improvements, Project 07-21. Further moving to Approve the Deferral for John Kaskey, 2674 Keller Parkway North. RESOLUTION 08-05-066 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 28th, 2008, the assessment roll for the Kohlman Lane Area Street Improvements, City Project 07-21, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, eleven property owners filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Karen Benker, 2786 Keller Parkway (PIN 04-29-22-32-0014): It is currently proposed that the lot be assessed for 2 assessment units (water main, sanitary sewer, and storm sewer) since it has been verified that the parcel can be split into two lots. Ms. Benker is requesting that the assessment for the future lot be deferred. Mrs. Benker has requested cancellation of the storm sewer assessment amount. 2. Robert Hjort, 970 Kohlman Lane (PIN 04-29-22-31-0019): It is currently proposed that the lot be assessed for 2 units (street, water main, and storm sewer) since it has been verified that the parcel can be split. Mr. Hjort is requesting that the 1 unit assessment for the future lot be deferred. Mr. Hjort is also requesting that the property description on the assessment statement match the description on his tax statement. 3. R Brett Day, 851 County Road C E (PIN 04-29-22-31-0001): Mr. Day requests that a revision be made to the assessment because the street will not be wider than currently exists on Linden Lane. 4. Daniel Rydel and Kelly Bretz, 980 Kohlman Court E (PIN 04-29-22-31-0015): A revision to the water assessment is requested because there is an existing water line within Kohlman Court. 5. Raymond Anderson, 989 Kohlman Court E (PIN 04-29-22-31-0013): Mr. Anderson is requesting a revision to the water assessment because there is an existing water line within Kohlman Court. 6. John Kaskey, 2674 Keller Parkway N (PIN 04-29-22-33-0008): Mr. Kaskey is requesting a revision or deferral to the assessments because he has a second access onto Keller Parkway, and Linden Lane is no longer his primary access. 7. John Olin, 2756 Keller Parkway N (PIN 04-29-22-33-0001): Mr. Olin is requesting a revision to the storm sewer assessment. 8. David Taklo, 2770 Keller Parkway N (PIN 04-29-22-32-0045): Mr. Taklo is requesting cancellation of the storm sewer assessment. 9. Roland Renner, 2780 Keller Parkway N (PIN 04-29-22-32-0015): Mr. Renner is requesting cancellation of the storm sewer assessment. May 12, 2008 8 City Council Meeting Minutes 10. Robert Stine, 2814 Keller Parkway N (PIN 04-29-22-32-0012): Mr. Stine is requesting a revision to the storm sewer assessment. 11. Alicia Pechmann & Cory Gilbert, 2828 Keller Parkway N (PIN 04-29-22-32-0011): Mr. Gilbert is requesting cancellation of the storm sewer assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Kohlman Lane Area Street Improvements, City Project 07-21: 1. Karen Benker, 2786 Keller Parkway (PIN 04-29-22-32-0014): Grant deferral of the second unit assessment, without interest, until such time property is split and second lot is developed, subject to a signed agreement. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. Deny request for cancellation of the storm sewer assessment. 2. Robert Hjort, 970 Kohlman Lane (PIN 04-29-22-31-0019): Grant deferral of the second unit assessment, without interest, until such time property is split and second lot is developed, subject to a signed agreement. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. Staff is working on Mr. Hjort's request that the property description on the assessment statement match the description on his tax statement. 3. R Brett Day, 851 County Road C E (PIN 04-29-22-31-0001): Deny request that a revision be made to the assessment because the proposed street will not be wider than currently exists on Linden Lane. No revision is being recommended because many streets within the city have varying widths and the assessment amount is a city council set residential rate regardless of street width. 4. Daniel Rydel and Kelly Bretz, 980 Kohlman Court E (PIN 04-29-22-31-0015): Deny a revision to the water assessment. The water assessment has already been reduced from $4,510 to $3,270 understanding that there is already a water line within the roadway. The assessment is not being recommended for further reduction because the assessment is still required to pay for costs associated with water main extension from the City of Little Canada to Kohlman Court in Maplewood. The $3,270 fee is the standard fee for all properties when they make a connection to water main. 5. Raymond Anderson, 989 Kohlman Court E (PIN 04-29-22-31-0013): Deny a revision to the water assessment. The water assessment has already been reduced from $4,510 to $3,270 understanding that there is already a water line within the roadway. The assessment is not being recommended for further reduction because the assessment is still required to pay for costs associated with water main extension from the City of Little Canada to Kohlman Court in Maplewood. The $3,270 fee is the standard fee for all properties when they make a connection to water main. 6. John Kaskey, 2674 Keller Parkway N (PIN 04-29-22-33-0008): Approve a revision to the assessments and cancel all assessments at this time. The street and storm sewer assessments would be made against the property when Keller Parkway is improved along the frontage of the property. 7. John Olin, 2756 Keller Parkway N (PIN 04-29-22-33-0001): Deny the request for revision to the storm sewer assessment. May 12, 2008 9 City Council Meeting Minutes 8. David Taklo, 2770 Keller Parkway N (PIN 04-29-22-32-0045): Deny the request for cancellation of the storm sewer assessment. 9. Roland Renner, 2780 Keller Parkway N (PIN 04-29-22-32-0015): Deny the request for cancellation of the storm sewer assessment. 10. Robert Stine, 2814 Keller Parkway N (PIN 04-29-22-32-0012): Deny the request for a revision to the storm sewer assessment. 11. Alicia Pechmann & Cory Gilbert, 2828 Keller Parkway N (PIN 04-29-22-32-0011): Deny the request for cancellation of the storm sewer assessment. B. The assessment roll for the Kohlman Lane Area Street Improvements, City Project 07-21, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the 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. C. 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 2009 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, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. 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, 2008, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, 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, 2008, 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 October 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November 1, 2008, 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 12th day of May 2008. Seconded by Mayor Longrie. The motion passed. Ayes — Mayor Longrie, Councilmembers Hjelle, Juenemann, Nephew, Nay — Councilmember Rossbach 2. Myrtle -Sterling Street Improvements, City Project 07-19, Resolution Adopting Revised Assessment Roll. a. Maplewood Civil Engineer II, Michael Thompson gave the presentation. May 12, 2008 10 City Council Meeting Minutes Mayor Longrie asked if anyone wanted to speak regarding this item. There were no speakers to come forward. Councilmember Juenemann moved to approve the Resolution for the Adoption of the Revised Assessment Roll for the Myrtle -Sterling Street Improvements, City Project 07-19. RESOLUTION 08-05-067 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 28th, 2008, the assessment roll for the Myrtle -Sterling Street Improvements, City Project 07-19, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, five property owners filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: James and Franceen Thurstin, Owners: 1595 Myrtle Street (PIN 242922220018): Mr. and Mrs. Thurstin request that the second lot assessment to their property be deferred. 2. Brian Jents, Owner: 1636 Myrtle Street (PIN 242922220007): Mr. Jents requests a revision of assessment to postpone interest accrual on the assessment until the project is completed. 3. Judith Clos, Owner: 1580 Myrtle Street (PIN 242922220014): Ms. Clos requests that the second lot assessment to her property be deferred. 4. Michelle Bakke, Owner: 1622 Myrtle Street (PIN 242922220009): Mrs. Bakke requests a deferral of assessment based upon a financial hardship. 5. Hill Murray Foundation, C/O Joe Peschges, 2625 Larpenteur Avenue East (PIN 132922430002): Mr. Peschges requests the cancellation of the storm assessment to this property because the assessment for the proposed improvements does not seem appropriate with the closing of Sterling Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Myrtle -Sterling Street Improvements, Project 07-19: 1. James and Franceen Thurstin, Owners: 1595 Myrtle Street (PIN 242922220018): Grant deferral of second unit assessment, without interest, until such time property is developed, subject to a signed agreement. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 2. Brian Jents, Owner: 1636 Myrtle Street (PIN 242922220007): Deny request to withhold interest accrual until project is completed. It is consistent with past city projects, in treating all property owners equally, to begin assessment interest accrual after the adoption of the assessment roll. There is a 30 day window whereby payments can be made interest free to the City as described in the official assessment statement notice. 3. Judith Clos, Owner: 1580 Myrtle Street (PIN 242922220014): Grant deferral of second unit assessment, without interest, until such time property is developed, subject to a signed agreement. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. May 12, 2008 11 City Council Meeting Minutes 4. Michelle Bakke, Owner: 1622 Myrtle Street (PIN 242922220009): Grant deferral of assessment, upon approval of necessary financial paperwork. 5. Hill Murray Foundation, C/O Joe Peschges, 2625 Larpenteur Avenue East (PIN 132922430002): Deny request for cancellation of assessment. Staff recognized the lack of an improvement to the street section in this area and therefore did not propose a street assessment. The only assessment proposed for this property is the storm sewer assessment. This assessment was proposed due to the proposed installation of storm sewer piping and an infiltration basin south of Ripley Avenue. Likewise, the removal of pavement through the wetland area and the installation of native plantings will improve the quality of stormwater runoff in the area. F. The assessment roll for the Myrtle -Sterling Street Improvements, City Project 07-19, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the 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. G. 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 2009 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, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. H. 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, 2008, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, 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, 2008, 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 October 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, 2008, but no later than November 1St, 2008, 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 12th day of May 2008. Seconded by Councilmember Rossbach. Ayes — All The motion passed Mayor Longrie requested a 5 -Minute Recess. The council meeting reconvened. 3. Carver Crossing Development — Consideration Litigation Settlement. a. Consider Conditional Use Permit for Planned Unit Development b. Consider Directing Vacation of Existing Easements C. Consider Preliminary Plat May 12, 2008 12 City Council Meeting Minutes d. Consider Approval of Settlement of Litigation through Approval of Development Contract 1. John Baker, Attorney, Greene Espel, PLLP gave the report and addressed and answered questions of the council. 2. Howard Roston, Attorney Representing the Applicant, 220 South Sixth Street, Suite 1900, Minneapolis, addressed and answered questions of the council. 3. Kurt Schneider, CoPar Companies, 8677 Eagle Point Blvd, Lake Elmo, addressed and answered questions of the council. 4. Clark Wicklund, Engineer, Alliant Engineering, 233 Park Avenue S., Ste. 300, Minneapolis addressed and answered questions of the council. 5. Alan Kantrud, City Attorney, addressed and answered questions of the council. 6. Chuck Ahl, Acting City Manager, Public Works Director addressed and answered questions of the council. 7. Tom Ekstrand, Senior Planner addressed and answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Ron Cockriel, 943 Century Avenue, Maplewood. Mr. Cockriel asked questions and made statements regarding this development. 2. Ms. Michael Bailey, 1615 Sterling Street South, Maplewood. (spoke twice) Ms. Bailey asked questions and made statements regarding this development. 3. Howard Roston, Attorney Representing the Applicant, 220 Sixth Street South, Suite 1900, Minneapolis addressed the council again. 4. Mark Bonitz, 1635 Sterling Street South, Maplewood. Mr. Bonitz asked questions and made statements regarding this development. 5. John Baker, Attorney, Greene Espel, PLLP gave the report and addressed and answered auestions of the council. Councilmember Rossbach moved to approve the Resolution approving a Conditional Use Permit for a 174 -unit planned unit development for the Carver Crossing of Maplewood development on the west side of 1-494, south of Carver Avenue. RESOLUTION 08-05-068 CONDITIONAL USE PERMIT WHEREAS, Mr. Kurt Schneider, representing CoPar Companies, applied for a May 12, 2008 13 City Council Meeting Minutes conditional use permit (CUP) for the 174 -unit Carver Crossing of Maplewood residential planned unit development (PUD). WHEREAS, this permit applies to the area south of Carver Avenue and west of 1-494. WHEREAS, the legal descriptions of the properties are: Commitment No. 242035 PARCEL A: The West One-half (1/2) of the Northeast Quarter (1/4) of the Southwest Quarter (1/4) of Section Twenty-four (24), Township Twenty-eight (28), Range Twenty-two (22), lying Westerly of the Westerly right-of-way line of State Trunk Highway 494, Ramsey County, Minnesota; Except the North 150 feet of the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of the Southwest Quarter (1/4) of Section Twenty-four (24), Township Twenty-eight (28), Range Twenty-two (22) lying Westerly of the Westerly right-of-way line of State Trunk Highway 494; And also except that part of the Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4), Section 24, Township 28 North, Range 22 West, Ramsey County, Minnesota, described as follows: Commencing at the intersection point of the North line of the Southwest Quarter (SW 1/4); Section 24 and the Westerly Right -of -Way line of T.H. #393; thence Southwesterly along the Westerly Right -of -Way line of T.H. #393, a distance of 223.75 feet to the actual point of beginning of the tract to be herein described; thence continuing Southwesterly along said Westerly Right -of - Way line of T.H. #393 a distance of 200 feet, to an angle point in said Right -of -Way line of said T.H. #393, a distance of 195.51 feet, to another angle point in the said Right -of -Way line; thence Northeasterly, along a line drawn parallel to and 168 feet Northwesterly of the said Westerly Right -of -Way line, as measured at right angles, a distance of 246.49 feet, more or less, to its intersection with a line drawn parallel to the North line of said SW 1/4, Section 24 and Westerly from the actual point of beginning; thence East along said parallel line, a distance of 176.32 feet, more or less, to the actual point of beginning. And the West 974.9 feet of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Twenty four (24), Township Twenty -Eight (28), Range Twenty-two (22), except the North Five Hundred feet (500 ft.) thereof, all lying Westerly of the Westerly Right -of -Way line of State Trunk Highway 494, Ramsey County, Minnesota. And the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section Twenty-four (24), Township Twenty-eight (28), Range Twenty-two (22), Ramsey County, Minnesota; except that part taken by County of Ramsey in Final Certificates filed as Document No.'s 2254933 and 2256730. PARCEL B: That part of the Northeast 1/4 of the Southwest 1/4, Section 24, Township 28, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the intersection point of the North line of the Southwest 1/4, Section 24 and the Westerly Right -of -Way line of Trunk Highway #393; thence Southwesterly along the Westerly Right -of -Way line of Trunk Highway #393, a distance of 223.75 feet to the actual point of beginning of the tract to be herein described; thence continuing Southwesterly along said Westerly Right -of -Way line of Trunk Highway #393, a distance of 200 feet, to an angle point in said Right -of -Way line; thence deflecting Southwesterly 59 degrees 14 minutes to the right, May 12, 2008 14 City Council Meeting Minutes continuing along the Right -of -Way line of said Trunk Highway #393, a distance of 195.51 feet, to another angle point in the said Right -of -Way line; thence Northeasterly, along a line drawn parallel to and 168 feet Northwesterly of the said Westerly Right -of -Way line, as measured at right angles, a distance of 246.49 feet, more or less, to its intersection with a line drawn parallel to the North line of said Southwest 1/4, Section 24 and Westerly from the actual point of beginning; thence East along said parallel line, a distance of 176.32 feet, more or less, to the actual point of beginning. PARCEL C: The Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section Twenty-four (24), Township Twenty-eight (28), Range Twenty-two (22), Ramsey County, Minnesota. Commitment No. 240565 PARCEL D: The Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 24, Township 28, Range 22, Ramsey County, Minnesota, together with an easement over that part of the Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of said Section 24 and the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of said Section 24; being 33.00 feet either side of the following described centerline: Commencing at the Northeast corner of said Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 24; thence South 89 degrees 58 minutes 49 seconds West (assumed bearing) along the North line thereof a distance of 33.00 feet to the point of beginning of said centerline; thence Northeasterly on a non-tangential curve concave to the Southeast having a chord bearing of North 33 degrees 43 minutes 49 seconds East with a radius of 120.00 feet, central angle of 67 degrees, 28 minutes 00 seconds, a distance of 141.37 feet; thence North 67 degrees, 28 minutes 49 seconds East; tangent to last described curve a distance of 217.69 feet, more or less, to the Right of Way of Inter -State Highway No. 494 and there terminating. Commitment No. 249737 PARCEL E: That part of the Southeast Quarter of the Northwest Quarter (SE 1/4 of NW 1/4) of Section 24, Township 28 Range 22, described as follows: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter (N. line SE'/4 of NW 1/4) of Section Twenty four (24), Township Twenty eight (28), Range Twenty two (22), a distance of 325.3 feet West of the Northeast corner thereof thence West along said North line a distance of 975.93 feet to the Northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 24 (NW corner SE 1/4 of NW 1/4); thence Southerly, along the West line of said Quarter -Quarter section line, a distance of Five Hundred (500) feet; thence East, and parallel with the North line, a distance of 974.93 feet; thence Northerly Five Hundred (500) feet to the point of beginning; except the East 150 feet of the North 290.4 feet and except the West 110 feet of the North 396 feet, Ramsey County, Minnesota. 2410 Carver Avenue Maplewood, Minnesota Abstract Property, Ramsey County Commitment No. 242032 PARCEL F: The Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 24, Township 28, Range 22, according to the government survey thereof, Ramsey County, May 12, 2008 15 City Council Meeting Minutes Minnesota 1501 Henry Lane S Maplewood, Minnesota 55119 Abstract Property, Ramsey County All in Section 24, Township 28, Range 22, Ramsey County, Minnesota. (The property to be known as Carver Crossing of Maplewood) WHEREAS, the history of this conditional use permit is as follows: 1. On April 15, 2008, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council deny the conditional use permit. 2. On May 5, 2008, the Maplewood City Council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. 3. On May 12, 2008, the City council discussed a revised proposal plan that showed 174 units on the site. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: May 12, 2008 16 City Council Meeting Minutes 1. All construction shall follow the plans date-stamped May 9, 2008, except where the city requires changes. These plans include only having emergency vehicle and trail access from the new development to Heights Avenue. The changes to the plans shall include: a. Revising the grading and site plans to show: (1) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's standards and the engineering department requirements. (2) The developer minimizing the loss or removal of the vegetation and large trees. (3) All the changes required by the city engineer and by the watershed district. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. For purposes of this condition and for compliance with Section 44-1099 of the Maplewood City Code, and based on the City's recent experience in applying this requirement, substantial ground or site preparation would constitute a substantial start on the proposed construction. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Michael Thompson's memo dated April 9, 2008, and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation/replacement, and parking plans. The cul-de-sac bulbs and round — about shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. A final detailed storm water management plan. c. The following for the streets and driveways: (1) Curb and gutter along the street, if the city engineer decides that it is necessary. (2) Clearly labeled public streets and private driveways on the plans. 4. The design of the ponds shall meet Maplewood's ordinance standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site pond and drainage easements, if applicable. 5. Have the city environmental planner and city naturalist approve the wetland, grading and tree replacement/preservation plans. 6. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove any remaining debris, junk, fencing or fill from the site. d. Provide the city with verification that all the units or town houses on the proposed site plan will meet the state's noise standards. This shall be with a study, testing or other May 12, 2008 17 City Council Meeting Minutes documentation. For any units that are within the 65 -decibel noise contour, the contractor will have to build the units or town houses so that they can meet the noise standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound - deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the town houses. 7. The approved setbacks for the principal structures in the Carver Crossing of Maplewood PUD shall be: a. Front -yard setback (from a public street or a private driveway): minimum - 20 feet, maximum - 35 feet. b. Front -yard setback (public side street): minimum - 20 feet, maximum — none. c. Rear -yard setback: 20 feet from any adjacent residential property line. d Side -yard setback: 15 feet minimum between buildings. 8. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on May 12, 2008. Seconded by Councilmember Juenemann. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie, Councilmember Hjelle The motion passed. Mayor Longrie wanted her statement noted for the record regarding this proposal. Mayor Longrie said she has done a lot of thinking about this proposal and the Comprehensive Plan is a legal document that guides the land use based upon a public policy of an elected body. It's not just one small item in the comprehensive plan; it's a holistic look at many of the different principles within the comprehensive plan. Mr. Trippler from the planning commission went through the Comprehensive Plan and the different chapters very clearly and which parts needed to be looked at as a whole when this decision is made by the council. This document needs to be construed as a whole and not just as one aspect. Mayor Longrie said she studies and reads very carefully all the documents that come before her. Her decision is based upon the things that were presented at the May 5, 2008, council meeting. She said she bases this decision on what she has read and what has been presented as part of the record. She said she has taken the time to extensively read the condensed transcript from the Maplewood City Council Meeting Continuation of the September 28th, 2006, meeting regarding when this proposal was reviewed before. Mayor Longrie said she is not able to recite this into the record but she wanted this transcript to be submitted as part of the record. This is what Mayor Longrie said she bases her decision upon. At the hearing it was discussed whether or not there was municipal water and sewer service available. The city was asked as part of the admissions for discovery whether or not to admit if there was municipal sewer and water service available to the property. The City of Maplewood denied that and Mayor Longrie said she wanted the admissions to be part of the record. Mayor Longrie said Mr. Ahl said at the last meeting that the moratorium was enacted before this litigation was started. Mayor Longrie said there is an amended complaint that she thinks was amended because the moratorium was enacted after the May 12, 2008 18 City Council Meeting Minutes complaint was served and she wants the amended complaint in the record because this documents the time frame of when things happened. Mayor Longrie read a portion of an email aloud from Mr. Tom Ekstrand to Mr. Greg Copeland dated July 31, 2007. Mayor Longrie read: This is based on the very extensive study that Rose Lorsung did, which is the south Maplewood study executive summary report. We had workshops on this, she said she can't ignore this, this is very important, this is what we have been talking about and this is important to read into the record: The city can stage the sewer extensions in anyway it sees appropriate with their current or proposed future land uses. Upon review of the regional planning expectations provided to the city by the Met Council for planning into the year 2030 their current land use guide is appropriate. Here are several different options that we have that flexibility as a council to make a public policy decision based on current and existing land use protocols. Those maps do show exactly what we have here for R-1 (R). There was something presented to the council from the National Park Service. They talked about the Mississippi Critical Area in regard to significant cultural management and comprehensive management. Mayor Longrie said she went on the Met Council's website to see what they say is the 2005 generalized land use for this area. The Met Council website says the area is undeveloped, it doesn't say R-1. Mayor Longrie said she knows that we have talked about archaeologist sites. She is disappointed that CoPar Companies didn't put into the record their archaeological study and their survey. This is a good survey and she wants that information put in there. Mayor Longrie said we already have all of the documentation from the memorandum Planner, Mr. Ken Roberts put in his 2003 memorandum of R -1(R) and the rational behind it, what its all about, the importance of it and the public policy decision that was made in 2003. Mayor Longrie said she knows that Councilmember Rossbach was on the city council then and he is very much a part of this. She knows Councilmember Juenemann was on the council then too. Documents have been submitted for the record as well. Mayor Longrie said don't forget the history of where this came from and she wanted all of this information part of the record. The Minnesota Department of Natural Resources mentions the importance of this area and the Fish Creek area. Mayor Longrie wished this would have been in the staff report but it wasn't and it should have been because it's critical. Mayor Longrie said there were questions regarding the grading this evening during the council meeting. How is the grading going to affect the land? She asked if anybody had a grading plan for this evening's proposal to show us that so as a council we could discuss the grading? She said when she served on the Community Design Review Board along with watching the Planning Commission meetings, grading plans are used and the board and commission review specs. Mayor Longrie wanted to have the slope analysis methodology which discusses that there are two different methodologies. These are the things that are on her mind and that are part of her decision. Mayor Longrie said quite frankly she meant it when she said it before that the only way she can vote "for this plan" is if we say right here and now, without a bunch details that will never be hammered out, because she knows how government works, that the details will never be hammered out. Everybody's going to forget what went on at the meetings and the city will have another crisis and another emergency and things will never get done. If we can say we are going to work together as a team, developer and city together on everything south of Fish Creek putting their resources together to get the funding to purchase that property through funding of some kind and then go with the plan north of Fish Creek, she could go vote for that. Mayor Longrie said anything other than that she simply can't vote for. Mayor Longrie said she doesn't trust that it will be preserved in that way. We all have the great vision it could be. If you don't put it down on paper, all the lawyers that are watching this meeting and are in the room know if it's not on paper, it's not binding. Councilmember Nephew wanted it added for the record the grading plan that was given to the council at the May 5, 2008, Council meeting. He said there must be minor changes for the adjustment of adding nine units but the basic outlines were provided for the council. Councilmember Nephew said to his mind neither winning nor losing in court would accomplish May 12, 2008 19 City Council Meeting Minutes what he thinks we need as a city for this plot of land. Because if we win in court and we hold the developer to 2 acre lots and it gets developed in that manner, he still thinks the city is losing out on the ecological opportunity here. Eventuality in court he thinks this has less likelihood to creating a path to conservation. Councilmember Hjelle said the city has gone through this for almost 2 years now. His opposition to the original plan was and is still partially valid now. Unfortunately the issues at the time were more of a public safety concern. There were obviously other issues that he thought were challenging. He still has issues with the way in which the litigation was executed. He thinks the way in which the city has conducted itself, how the legal arguments were made is very disappointing. But it still doesn't hide the fact that he thinks the first initial lawsuit was revolving around a staff person's complete failure to do their job and violating state law by not notifying the appropriate people within the 60 -day rule. The City got through that problem which nobody said the city would be able to get through. Up until the City of Minnetrista had gone through a court case things like this have never been successfully challenged. Councilmember Hjelle said he thinks the city got to a point where there was a real effort by a lot of people to get this project to go through. One of the realities are and he thinks a lot of people have ignored is that these development projects, no matter how much you want them or how much you don't want them bring in a lot of money and the revenues brought into the city pay a lot of people's salaries. The City of Maplewood has a budget of $38 million if we levy $15 and $16 million. Councilmember Hjelle said the difference comes in from fees and revenue that are collected by other fees and permits. You are fighting a bureaucracy where self preservation is very important. Councilmember Hjelle said he thinks that is what has driven a lot of this. Unfortunately at the end of the day he thinks certain people have made a pretty good effort to try and look out for the best interest of the City of Maplewood and the Maplewood taxpayers. Especially living in south Maplewood, the residents honored what we said we would honor a couple years ago which was to preserve the existence of the community there as it was with some limitations on development. Councilmember Hjelle said a perfect example of that is the Haller's Woods neighborhood. The homes are on a couple acre lots there. Given what Mayor Longrie has already stated and the comments that have been made he doesn't know what more he can add because he agrees with about 95% of this. He said he votes no for this for the various reasons that were given. Seconded by Councilmember Juenemann. Ayes — Councilmembers Rossbach, Nephew & Juenemann Nays — Mayor Longrie, Councilmember Hjelle The motion passed. Councilmember Rossbach moved to approve the resolution vacating the unused easements and right-of-ways within the Carver Crossing of Maplewood development (the area west of 1-494 and south of Carver Avenue). VACATION RESOLUTION 08-05-069 WHEREAS, CoPar Companies applied to the city for the vacation of the following - described parts of a public right-of-way and the following easements: LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF HENRY LANE That part of Henry Lane turned back to the City of Maplewood per Document Number 1843272 and according to the Minnesota Department of Transportation Right -of Way Plat No. 62-19, Document Number 352354 and Minnesota Department of Transportation Right -of Way Plat No. 62-20, Document Number 3548682, and that part of Legislative Trunk Highway 393, currently May 12, 2008 20 City Council Meeting Minutes known as Trunk Highway 494 as described in Final Certificate, Document Number 1565350, all filed in the office of County Recorder, Ramsey County, Minnesota which lies westerly of the following described line: Commencing at the northeast corner of the Southeast Quarter of the Northwest Quarter of Section 24, Township 28, Range 22; thence South 89 degrees 01 minutes 24 seconds West 607.01 feet on an assumed bearing along the north line of said Southeast Quarter of the Northwest Quarter; thence South 00 degrees 52 minutes 01 seconds East 238.73 feet; thence easterly 169.04 feet along a tangential curve concave to the northeast having a radius of 184.00 feet and a central angle of 52 degrees 38 minutes 12 seconds; thence South 53 degrees 30 minutes 13 seconds East 42.60 feet to the point of beginning of said line; thence southeasterly, southerly and southwesterly 152.16 feet along a tangential curve concave to the southwest having a radius of 120.00 feet and a central angle of 72 degrees 38 minutes 56 seconds; thence southwesterly 283.33 feet along a reverse curve concave to the southeast having a radius of 7,800.93 feet and a central angle of 02 degrees 04 minutes 51 seconds; thence South 17 degrees 03 minutes 52 seconds West 520.45 feet to a point hereinafter referred to as Point A and said line there terminating; Together with that part of said Henry Lane lying westerly, northwesterly and southeasterly of the following 60.00 foot strip. Said strip lies 30.00 feet on each side of the following described centerline: Commencing at the hereinbefore described Point A; thence continuing South 17 degrees 03 minutes 52 seconds West 157.55 feet; thence North 89 degrees 15 minutes 36 seconds East 31.51 feet to the point of beginning of said centerline; thence South 17 degrees 03 minutes 52 seconds West 194.51 feet; thence southerly and southwesterly 218.59 feet along a tangential curve concave to the northwest having a radius of 200.00 feet and a central angle of 62 degrees 37 minutes 19 seconds; thence, South 79 degrees 41 minutes 11 seconds West 236.08 feet and said centerline there terminating. Easements and Right-of-ways to be Vacated: 1. A 30 -foot -wide drainage and utility easement as defined in Document No. 2499330 2. The drainage easement as defined in Document No. 2499331. 3. A 60 -foot -wide driveway easement as defined in Document No. 2060364. 4. A 66 -foot -wide roadway and utility easement as defined in Document No. 2060365. 5. The Henry Lane right-of-way per MN DOT right-of-way Plat No. 62-19. 6. The Henry Lane right-of-way per MN DOT right-of-way Plat No. 62-20. All in Section 24, Township 28, Range 22. WHEREAS, the history of these vacations is as follows: On April 15, 2008, the planning commission held a public hearing about this proposed vacation. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council deny the proposed vacations. 2. On May 5, 2008, the city council reviewed this proposal. The city council also considered reports and recommendations of the city staff and planning commission. 3. On May 12, 2008, The City Council again considered these vacation requests. May 12, 2008 21 City Council Meeting Minutes WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: 1. 2410 Carver Avenue Maplewood, Minnesota PIN: 24-28-22-24-0010 2. 1481 Henry Lane Maplewood, Minnesota PIN: 24-28-22-31-0017 3. 1461 Henry Lane Maplewood, Minnesota PIN 24-28-22-31-0002 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above described right-of-way and easement vacations for the following reasons: 1. It is in the public interest. 2. The city and the developer do not need or use the existing easements or right-of-ways for their original purposes. 3. The existing easements and right-of-ways conflict with the proposed street and lot layout. 4. The developer will be dedicating new easements and right-of-ways with the final plat. These vacations are subject to the property owner or developer granting to the city new drainage and utility easements and right-of-ways over parts of the property, subject to the approval of the city engineer. The Maplewood City Council adopted this resolution on May 12, 2008. Seconded by Councilmember Nephew. Ayes — Councilmembers Rossbach, Nephew & Juenemann Nays — Mayor Longrie, Councilmember Hjelle The motion passed. Councilmember Juenemann said for the record, the reason she is willing to agree with the higher number of units (174) compared to the 165 units because the city got rid of the million dollars that was tied to them and the city has not lost the ability to continue to negotiate for the southern piece of the property which is a huge piece of this proposal to her. Mayor Longrie said for the record, under City Ordinance 44-1091, the city is not obligated to approve a conditional use permit (CUP). Under City Ordinance 44-1097, the applicant has the burden of proving that the use would meet all the standards required for the approval of a conditional use permit (CUP). Mayor Longrie said she doesn't believe the developer has done that. Acting City Manager, Chuck Ahl said the correct date for the next motion should be May 9, 2008, not May 12, 2008. Councilmember Rossbach moved to approve the Carver Crossing Preliminary Plat for a 174 -unit plan and the date of the oreliminary plat shall be referenced as submitted on "",�2. 2009. Mav 9, 2008, with direction that all reference to 165 -units and plans dated March 31, 2008, shall be revised to 174 -units and plans dated ,May 12,2008, May 9, 2008. The applicant or developer shall complete the following before the city council approves the final plat: Sign a development agreement with the city that guarantees that the applicant, developer or contractor will: May 12, 2008 22 City Council Meeting Minutes a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. C. Provide all required and necessary easements (including ten -foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot). d. Have Xcel Energy install Group V rate street lights in at least 12 locations. The exact style and location of the lights shall be subject to the city engineer's approval. e. Pay the city for the cost of traffic -control, street identification and no parking signs. f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and guidelines. g. Replace any trees that die within one year of planting or final transplanting. The size and species of the replacement trees shall be subject to city staff approval. h. Not do any tree removal, grading or construction in the area south and west of the proposed round -about until after November 13, 2008. i. Build a project that is consistent with the development plans of the application and with financial terms (if approved by the city council contemporaneously with the applications. The effectiveness of this approval is conditioned upon the parties' execution of such a development agreement. j. Provide for the repair of Carver Avenue (street, curb and gutter, ditch and boulevard) after the developer constructs the sidewalks and connects to the public utilities and builds the new streets, turn lanes and private driveways. k. Provide for restoration of the former Henry Lane south of Carver Avenue after the construction of the new Henry Lane. 2. Have the city engineer, city environmental planner and city naturalist approval final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, trail, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo from Michael Thompson dated April 9, 2008, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on site where the developer can save large trees. (4) The street and driveway grades as allowed by the city engineer (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood -fiber blanket, be seeded with a no - maintenance vegetation and be stabilized before the city approves the final plat. May 12, 2008 23 City Council Meeting Minutes (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) A minimum of a 10 -foot -wide, 10:1 bench below the normal water level (NWL) of any pond designed to be a wet pond. The depth of the pond below the NWL shall not exceed four feet. (10) Emergency overflow swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one -feet deep and protected with approved permanent soil -stabilization blankets. (11) The drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run-off from the entire project site and shall not increase the run-off from the site. C. The tree plan shall: (1) Be approved by the city engineer and city environmental planner before site grading or final plat approval. (2) Show where the developer will remove, transplant, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the transplanted, replacement and screening trees. The new deciduous trees shall be at least two and one- half (2%2) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The new coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine, Black Hills spruce and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group additional new trees together including in the front yard of the property at 2431 Carver Avenue to help reduce headlight glare from Henry Lane. (7) Show the planting or transplanting of at least 552 trees. (8) Require the developer to replace any trees that die within one year of planting or final transplanting. The size and species of the replacement trees shall be subject to city staff approval. d. The street, driveway and utility plans shall show: May 12, 2008 24 City Council Meeting Minutes (1) The streets and driveways shall be a nine -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2) Water service to each lot and unit. (3) Repair of Carver Avenue (street and boulevard) after the developer connects to the public utilities and builds the new streets, turn lanes, trails, sidewalks and private driveways. (4) The developer enclosing any ponds or basins that will have a normal water depth of two feet or more with a four -foot -high, black, vinyl -coated chain-link fence. The contractor also shall install gates in the fences as may be required by the city. (5) The private driveways with continuous concrete curb and gutter except where the city engineer decides that is not needed for drainage purposes. (6) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire -flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (7) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (8) The plan and profiles of the proposed utilities. (9) Details of the ponds and the pond outlets. The contractor shall protect the outlets to prevent erosion. (10) The repair and restoration of the temporary Heights Avenue cul-de-sac including the installation of new curb and gutter, the trail connection, street pavement and the restoration of the boulevard. (11) The pipelines in and near Henry Lane and Outlot B. (12) The restoration of the former Henry Lane south of Carver Avenue after the completion of the new Henry Lane. (13) All traffic mitigation measures as outlined by the EAW including the additional turn lanes on Carver Avenue. (14) The installation of the design elements and safety measures for Henry Lane including a 3 -cable "Texas Fence" adjacent to the MnDOT chain link fence and the 32 -inch high retaining wall near the east side of Henry Lane (as outlined in the letter dated April 4, 2008, from Copar Companies). e. The drainage plan shall ensure that there is no increase in the rate of storm -water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify pond, inlet and pipe capacities. May 12, 2008 25 City Council Meeting Minutes (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Label the common areas as outlots. C. Add drainage and utility easements as required by the city engineer. d. Work with city staff on the preparation of a street and driveway naming plan. City staff shall approve this naming plan. e. Label the names of all the streets on all project plans and distinguish which are public and which are private. 5. Secure and provide all required easements for the development. These shall include any off-site drainage and utility easements. 6. Submit the homeowners' association bylaws and rules to the city for approval by city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, private utilities, landscaping and retaining walls. 7. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. C. Covenants or association documents that address the proper installation, maintenance and replacement of any retaining walls and of the common areas. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 8. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 9. Combining all the properties into one property for tax and identifications purposes. 10. Obtain a permit from the Watershed District for grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. If the developer decides to final plat part of the preliminary plat, city staff may waive any conditions that do not apply to the final plat. May 12, 2008 26 City Council Meeting Minutes Seconded by Councilmember Juenemann. The motion passed. Ayes — Councilmembers Rossbach, Nephew & Juenemann Nays — Mayor Longrie, Councilmember Hjelle Mr. Baker said Mr. AN has passed out the clarified Resolution. This new Resolution differs from the Resolution in the staff report in two respects. First with regard to the language about the 16 unit option it adds the words approximately, solely because of the change in the number of 9 units we are not sure those numbers are exactly the same as when we were looking at a slightly smaller project. Second, the title of the Resolution is Approving Settlement Concepts and Directing Preparation of a Development Agreement Consistent With Those Concepts. It was pointed out that the action at the end of the Resolution didn't specifically say we are approving settlement concepts so we have spelled this out in this. So his suggestion is that where the staff report refers to adopting the attached resolution you refer to this revised resolution that has been provided for the record. Councilmember Nephew said earlier in the meeting the council discussed the line in parentheses under paragraph 5 that says (except for grading trail areas and building up to two model homes in that area). Councilmember Nephew asked if we can strike that one line so that there would be no building until the calendar year 2009? Mr. Roston said correct, that is something we have agreed with tonight. Councilmember Rossbach moved to approve the Revised Resolution for Settlement of Litigation through Approval of Development Contract with the following amendments made by Attorney John Baker and Attorney Mr. Howard Roston in paragraph 5, in parentheses (strikin_g buildin_g up to two model homes in that area). RESOLUTION 08-05-070 APPROVING SETTLEMENT CONCEPTS AND DIRECTING PREPARATION OF A DEVELOPMENT AGREEMENT CONSISTENT WITH THOSE CONCEPTS RECITALS A. Whereas, this Resolution is being acted upon by the Council only after consideration and approval by the Council of the following (hereinafter described as "the Approvals"): A conditional use permit ("CUP") for a 174 -unit planned unit development ("PUD") known as Carver Crossing; 2. A resolution vacating the unused easements on Carver Crossing; and 3. A Preliminary Plat for Carver Crossing. B. Whereas, as part of settlement negotiations between representatives of CoPar Development, LLC ("the Developer') and the City, the City's representatives persuaded the Developer's representatives to revise their proposed development and to otherwise agree, as a condition to approval of the applications referenced above, to the following: May 12, 2008 27 City Council Meeting Minutes reducing the proposed amount of overall density from 191 units to 174 units, 2. providing a means by which the overall density would be further reduced to 158 units by granting the City an option to purchase, at a cost of $150,000 per lot, up to a total of $2,400,000, the approximately 8.3 acre southwesterly slope area and approximately 25.5. acres of integrated open space (as depicted on a map already provided to the City), including 16 specified building lots, plus outlots with the areas specified, 3. providing that if the City purchases at least one lot under this option provision, all green space identified in the March 31, 2008, plans shall be dedicated to the City, at the city's option, at a cost of $1.00, IV at the nity'c nn+inn at a nnc4 of $1.00-, Providing the City with the opportunity to purchase, subject to CoPar's right of refusal, additional platted lots (adjacent to one or more lots designated in the 16 -lot option), at their appraised value. 5. providing the City with an opportunity to finance its exercise of one or both of these options, whether through referendum vote, grants from other entities, or a combination thereof, by leaving the period to exercise the options and enter into a purchase agreement open through calendar year 2008 (and the period in which to close on the purchase open until June 30, 2009), refraining from commencing development of that portion of Carver Crossing that is south of Fish Creek and south of the roundabout during calendar year 2008 and further refraining from developing that area between January and June 2009 if the City timely exercises its option in 2008. 6. providing a 300 -foot protected corridor for Fish Creek through the use of conservation easements, 7. designing building pads so as to allow for a 20 -foot deck without impacting conservation easements, 8. providing the City with the opportunity to declare or identify trail corridors through the open space areas and conservation easement areas that will be disclosed to all potential lot purchasers to avoid confusion regarding future intentions to improve the open space area, 9. providing a road right of way for a majority of the roads that is 50 feet width, streets 24 feet in width and with a ten -foot wide trail or suitable sidewalk along a majority of the streets, and 10. adding a guard rail or equivalent protection east of Henry Lane for protection from vehicles potentially leaving the 494 Corridor. C. Whereas, in order for the Developer to agree to dismiss its suit, and to these modifications to the proposed development, it would be necessary for the City to agree to the following: Prepare all public improvements as a City project but with no financial contribution by the City to the infrastructure costs; 2. Assess the improvements at the exact cost of the bond sale over a 15 -year term; May 12, 2008 28 City Council Meeting Minutes 3. Allow the Developer to have joint approval over the final design; 4. Assess the Carver Crossing development property on an annual basis for any and all improvements to be constructed by agreement with CoPar in that calendar year; and 5. Except for phased final approvals as so required by approvals by the City in May 2008, refrain from imposing and enforcing further review or development time constraints, limitations, or encumbrances on the Developer or the project. 6. Consider providing improvements for future utility extensions as part of the project, at Maplewood's expense. D. Whereas, the City and the Developer agree that the Developer will pay a $574,200 fee in lieu of park dedication; payment of this fee may be considered as part of the City's option to purchase properties in the southern portion of the development, but the amount shall become due no later than June 30, 2009. The Developer shall have the option prior to June 30, 2009, to assign this park dedication charge to the individual lots as a building permit fee at the current park dedication charge in effect at the time of the building permit issuance. E. Whereas, if the City grants the Approvals and adopts this Resolution, the Developer and the City intend to enter into a development agreement that is consistent with the development plans of the application and with the terms of this Resolution. F. Whereas, the effectiveness of the approval of the applications and of the obligations under this Resolution are conditioned upon the parties' execution of such development agreement. G. Whereas, such development agreement shall be presented to the City Council at its first regular meeting in June 2008 following adoption of this Resolution. H. Whereas, such development agreement shall include findings consistent with the actions taken by the City regarding the Approvals. Whereas, litigation is currently pending in Ramsey County District Court arising from the City's September 28, 2006, denial of applications for a 191 -unit version of a development at the same general location, with a summary judgment hearing currently scheduled for June 2, 2008; and Whereas, the parties understand that upon the City's issuance of the Approvals and authorization of the execution of a development agreement that is consistent with the terms of this Resolution, the Developer will dismiss with prejudice the pending suit, and the City and the Developer will agree to mutual releases of the parties and their agents. COUNCIL ACTION ACCORDINGLY, IN RELIANCE UPON THE ASSERTIONS OF THE DEVELOPER AS SPECIFIED ABOVE, THE CITY COUNCIL OF THE CITY OF MAPLEWOOD HEREBY RESOLVES AS FOLLOWS: 1. The Council hereby approves settlement concepts herein; and 2. directs staff and attorneys for the City to prepare and present to the Council at its first regularly scheduled council meeting in June 2008 a development agreement that is consistent with the Recitals of this Resolution as set forth above. May 12, 2008 29 City Council Meeting Minutes Seconded by Councilmember Nephew. Ayes — Councilmembers Rossbach, Nephew & Juenemann Nays — Mayor Longrie, Councilmember Hjelle The motion passed. At 9:50 p.m. the council requested a RECESS. At 10:00 p.m. the council reconvened. 4. Century Avenue Improvements, City Project 03-15 a. Resolution Approving Plans and Advertising for Bids. b. Resolution Ordering Preparation of Assessment Roll. C. Maplewood Civil Engineer II, Michael Thompson gave the presentation and answered questions of the council. d. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. 1. Jerry Auge, Jr., Project Manager, Ramsey County Public Works gave a presentation. Mr. Auge addressed and answered questions of the council regarding the Century Avenue and Valley Creek Road Improvements. Councilmember Nephew moved to approve the Resolutions for the Century Avenue Improvements, City Project 03-15: Approving Plans and Specs and Advertisement for Bids, and Ordering the Preparation of the Assessment Roll. RESOLUTION 08-05-071 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on June 25th, 2007, plans and specifications for Century Avenue Improvements, City Project 03-15, have been prepared by Ramsey County, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city engineer. 2. Ramsey County representatives shall prepare and cause to be published an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required in advance of the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by Ramsey County. 3. Ramsey County representatives are hereby authorized to receive, open, and read aloud bids received, and to tabulate the bids received. The council will consider the bids, and the award of a contract, likely at the second regular meeting in July, 2008, depending on Ramsey County attaining all necessary approvals. May 12, 2008 30 City Council Meeting Minutes RESOLUTION 08-05-072 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Century Avenue Improvements, City Project 03-15. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 5. Authorization to Renew Insurance Agent Services with Arthur J. Gallagher Company. a. Acting City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. Councilmember Juenemann moved to recommend to retain Arthur J. Gallagher and Company as our insurance agent at a cost of $12,500.00. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 6. Gethsemane Senior Housing District — Consideration of a Resolution Directing Preparation of a Tax Increment Financing (TIF) Plan and Tax Increment District and setting a Public Hearing for July 14, 2008, for Gethsemane Senior Housing Proposal. a. Acting City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. b. Paul Steinman, Vice President/Consultant, Springsted Inc., 380 Jackson Street, Suite 300, St. Paul gave a presentation and addressed and answered questions of the council. C. Bob Van Slyke, Presbyterian Homes, 2845 Hamline Avenue North, Roseville, addressed and answered questions of the council. d. Richard White, Senior Pastor, Gethsemane Church, 2410 Stillwater Road, Maplewood, addressed and answered questions of the council. May 12, 2008 31 City Council Meeting Minutes Councilmember Rossbach moved to approve the Resolution Directing Preparation Of A Tax Increment Financing Plan For A Tax Increment District And Calling A Public Hearing July 14, 2008, For Gethsemane Senior Housing Proposal. RESOLUTION 08-05-073 DIRECTING PREPARATION OF A TAX INCREMENT FINANCING PLAN FOR A TAX INCREMENT DISTRICT AND CALLING A PUBLIC HEARING FOR GETHSEMANE SENIOR HOUSING WHEREAS, the City Council received a Tax Increment Request from Gethsemane Senior Housing, Inc. on January 7, 2008, and WHEREAS, the City Council has reviewed information on said request from financial consultant Springsted, Inc. and WHEREAS, the City Council has found in a preliminary way that the request can be considered as appropriate and warrants further analysis and investigation, and WHEREAS, the City Council has reviewed all relevant financial information related to Tax Increment Financing and desires to proceed with consideration of tax increment financing as a method of support for the development of Gethsemane Senior Housing, and WHEREAS, the goals for further rent income restrictions of at least 20% of the proposed development meet a local need. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the Acting City Manager and Finance Director are hereby directed to work with the City's financial consultant and bond attorney in the preparation of a Tax Increment Financing Plan for the establishment of a Tax Increment District consistent with plans and proforma reviewed by Springsted, Inc. as part of the Tax Increment Financing request from Gethsemane Senior Housing, Inc., dated January 7, 2008. Said staff and consultants shall insure that all proper and legal documents and notices are prepared consistent with statute and process. 2. That a Public Hearing shall be called and set for July 14, 2008, at 7:15 p.m. for the consideration of said Tax Increment Financing Plan. Adopted this 12th Day of May, 2008. Seconded by Councilmember Juenemann. The motion passed. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle Councilmember Nephew moved to continue the council meeting through item L2. and complete the remainder of the council meeting until Thursday, May 15, 2008, at 5:00 p.m. Seconded by Councilmember Rossbach. Ayes — Councilmembers Nephew, & Rossbach May 12, 2008 32 City Council Meeting Minutes Nays_— Mayor Longrie, Councilmembers Hjelle, & Juenemann The motion failed. Mayor Longrie adjourned the meeting at 12:30 p.m. and will reconvene Thursday, May 15, 2008, at 5:00 p.m. The remainder of the agenda items will be continued on Thursday, May 15, 2008, at 5:00 Am - 7. m. 7. Consider Approval of 2007-2008 Contract between City of Maplewood and Maplewood Confidential and Supervisory Association. L. NEW BUSINESS 2008 Election Cycle — Resolution Defining Precinct Boundaries 2. Resolution Providing for the Competitive Negotiated Sale of $9,900,000 General Obligation Improvement Bonds, Series 2008A. 3. Resolution Ordering an RFP for a Recruiting Firm for the Maplewood City Manager Search. — Mayor Longrie (NO REPORT) 4. Discussion and Resolution calling for an Audit by the State Auditor's Office for the Past Seven Years. — Mayor Longrie (NO REPORT) 5. Authorization to Purchase Project Accounting Software M. CONSENT AGENDA 1. Approval of Claims 2. Pond Avenue and Dorland Road Improvements, City Project 07-20, Progress Report (No Action Needed). 3. Beam Avenue Improvements, City Project 07-26 a. Resolution Accepting Assessment Roll and Ordering Assessment Hearing. 4. Upper Afton Road Improvements, City Project 07-27 5. Request to Set Public Hearing Date of June 9, 2008, to Discuss Annual Report of the National Pollutant Discharge Elimination System Phase II Permit. N. AWARD OF BIDS 1. Award of Contract for Lift Station 17 Upgrades. O. VISITOR PRESENTATION — PART II H. COUNCIL PRESENTATIONS 1. Request for Ideas and Designs for Building a Personal Fire Pit — Councilmember Hjelle 2. The "Nicest' Fire Pit in Maplewood Contest — Councilmember Hjelle May 12, 2008 33 City Council Meeting Minutes 3. Update regarding on-line Council Packets — Mayor Longrie 4. Follow-up Regarding Contacts at 3M. — Mayor Longrie 5. Follow-up of Recycling of Printer Cartridges — Mayor Longrie 6. Attending the Ball of the Wild — Mayor Longrie 7. Beaver Lake Follow up — Mayor Longrie P. ADJOURNMENT May 12, 2008 34 City Council Meeting Minutes Public Sector Advisors Springsted What is TIF? • A method of capturing tax base growth resulting from new development • Captures new local taxes -(increment) to pay for public improvements related to development • Fixed term for capture, then new development added to tax base Springsted 1 How are property taxes calculated? Parcel .; � Class,;- . `T`axaiile . Taxable tomes 0'� =Rate equats- Net Tax Market Capacity Value Hmstd,j How is TIF calculated? • Net Tax Capacity from existing land and building value is called the Original NTC after conversion from Base Value. — Property taxes generated by the ONTC of the TIF district continue to flow to individual taxing jurisdictions (e.g. City, County, ISD). • NTC. growth above the ONTC is captured by the TIF district and generates tax increment. NO -oh, ectvf Advisors Sprfngsted 3 Vi.. How is a TIF District Created? • Development District • TIF District — TIF Plan Budget • Geographic boundaries • Purpose — Public Hearing — Certification . hkc Sector Ado tors Springsted Process for Approving TIF District • Subsidy Review • Approximate 60 day approval process, which includes notifications to County and School Board, publication of hearing notice, Planning Commission review, and holding of public hearing • But -For test: — City to make a finding that "...the proposed redevelopment would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future..." PW,lir Sector Advisors s Springsted 5 r , M 0:�s:� c� �it Ef �• ' �I � �1 P, Redevelopment District Illustration • Term — 25 years after the date of receipt of first increment (26 years maximum). • Restrictions — At least 90% of the increment must be used to finance the costs of correcting conditions that allow designation of redevelopment districts. These costs include but are not limited to: • Acquiring properties containing substandard improvements or hazardous substances; • Acquiring adjacent parcels necessary to provide a site of sufficient size to permit development; • Demolition and rehabilitation of structures, clearing of land; . • Removal or remediation of hazardous substances; and • Installation of utilities, roads, sidewalks and parking facilities. Springsted Redevelopment District Illustration • Qualifications — Improved parcels make up at least 70% of the district. To be considered improved, at least 15% of the parcel's area must contain improvements. _ — More than 50% of the buildings (excluding outbuildings) are structurally substandard to a degree requiring substantial renovation or clearance. — A building is not considered substandard if it could be brought up to code at a cost of less than 15% of a comparable new building on that parcel. • OR — The district consists of vacant, unused, underused, inappropriately used, or infrequently used rail yards, rail storage facilities or excessive or vacated railroad rights-of-way. Pu0ik'-e for Advdso;-s ._._ ' Springsted 7 Eligible Costs Public Improvements • Land Acquisition • Soil Correction • Site Preparation/Demolition • Relocation • Financing Fees/Capitalized Interest • Administrative Costs (10%) • Housing Districts: Almost All Costs Public Sector Advisors Springsted • Bridges and Interchanges • Parking • Sidewalks and walkways • Soft costs related to any of the above ... ..... .... Springsted 0 u x r� Imo, y; s � 'RFs a arsi � � ..}r r'i. � �t sa• q '� .. - _ �.. �� ,; a .. - .. -.. , - .. r ... g � .. ... - ._ _ �. ... ... .. � .. - _... i .. �!� � € ifµ I7L� SG � �. d.�k 3f � �K � � � [. VCC��F /E� :5 R :�€ � h e<�4r � y , n �` .a �lC .: F F', ��tu E'!+ ihi Sae fd ,- .� __.- _� .._ - i � n .. .. i ea"��' a nr m � •� e s 5 Year Rule • Before or within five years after certification of the district: — TIF to be paid to developer — Bonds are issued and sold — Binding contracts with a third party entered into — Costs are paid and revenues spent • No TIF after 5 years with limited exceptions • Done making deals in your TIF District after 5 years — Not applicable to Housing Districts ^ubik Spdur nrMsors Springsted Impact of TIF on Taxes • TIF redirects tax dollars to meet a defined public purpose • Assists projects that would not otherwise occur (but -for test) • Adds tax base upon decertification of the district (long-term investment) Public Sector Rde .... Springsted 11 Public Sector Advisors i City of Maplewood SoNr ingsted Presentation to City Council May 5, 2008 Analysis of Gethsemane Senior Housing Tax Increment Financing Request Presenter: Paul Steinman, Vice President/Consultant 651-223-3066 PuNic SeCIO! F^,:;vi ers SPringsted 1 Development Proposal • Development of 6 acres adjacent to Gethsemane • Approximately 4 acres needed for the project, remainder for City Park * TIF Housing District — Allows maximum 26 years of collection of increment — Tax increment used to subsidize affordable housing * 23 units (20% of total) of affordable housing, renting for $740/mth ......... .... . F Wic Sector Adv;sors Springsted Development Proposal • Developer required to maintain 20% of units at affordable levels until decertification of the District Cost of this is $5.96M over next 26 years • 75% of the value constructed in 08 • 25% of the value constructed in 09 4- 100% of the value assessed in 2010 for taxes payable 2011 • Property currently tax exempt ... . .... .. .. . ..... . PuMc Seq.,)r Adviws Springsted K r Ih 0 u . ■ rk I 1 I I ` — ■ I I ■ ■ -.i III ,, ■ ■ h .. r d I r .. OF ■ ■ I But -For Analysis • Without TIF, IRR is 11.28% • With TIF, IRR is 20.49% Reasonable range is 10% -15% • Without TIF, Debt Service Coverage (DSR) is 1.18 in Year 3 • With TIF — excessive, up to 1.72 in tenth yr Pub0c Siaur Ad,kws Springsted But -For Analysis • Developer has stated they cannot proceed with the project as planned unless they achieve DSC of 1.35 in Year 3 • The project meets the but -for test, DSC likely required to be 1.35 in Year 3 • Meets but -for test due to DSC, but with TIF has IRR outside of reasonable range Se,Aor Advisors Springsted R V. m ,` '� N1 .. 4c • (ii WE J yp �3 I� _,.3�k 'i1..— pi YY�'Jflieit3l.41— — _ RESOLUTION APPROVING SETTLEMENT CONCEPTS AND DIRECTING PREPARATION OF A DEVELOPMENT AGREEMENT CONSISTENT WITH THOSE CONCEPTS RECITALS A. Whereas, this Resolution is being acted upon by the Council only after consideration and approval by the Council of the following (hereinafter described as "the Approvals"): 1. A conditional use permit ("CUP") for a 174 -unit planned unit development ("PUD") known as Carver Crossing; 2. A resolution vacating the unused easements on Carver Crossing; and 3. A Preliminary Plat for Carver Crossing. B. Whereas, as part of settlement negotiations between representatives of CoPar Development, LLC ("the Developer") and the City, the City's representatives persuaded the Developer's representatives to revise their proposed development and to otherwise agree, as a condition to approval of the applications referenced above, to the following: 1. reducing the proposed amount of overall density from 191 units to 174 units, 2. providing a means by which the overall density would be further reduced to 158 units by granting the City an option to purchase, at a cost of $150,000 per lot, up to a total of $2,400,000, the approximately 8.3 acre southwesterly slope area and approximately 25.5 acres of integrated open space (as depicted on a map already provided to the City), including 16 specified building lots, plus outlots with the areas specified, 3. providing that if the City purchases at least one lot under this option provision, all green space identified in the March 31, 2008 plans shall be dedicated to the City, at the city's option, at a cost of $1.00, 4. providing the City with the further opportunity to purchase, subject to CoPar's right of refusal, additional platted lots (adjacent to one or more lots designated in the 16 -lot option), at their appraised value, 5. providing the City with an opportunity to finance its exercise of one or both of these options, whether through referendum vote, grants from other entities, or a combination thereof, by leaving the period to exercise the options and enter into a purchase agreement open through calendar year 2008 (and the period in which to close on the purchase open until June 30, 2009), refraining from commencing development of that portion of Carver Crossing that is south of Fish Creek and south of the roundabout during calendar year 2008 (except for grading trail areas and building up to two model homes in that area), and further refraining from developing that area between January and June 2009 if the City timely exercises its option in 2008. 6. providing a 300 -foot protected corridor for Fish Creek through the use of conservation easements, 7. designing building pads so as to allow for a 20 -foot deck without impacting conservation easements, 8. providing the City with the opportunity to declare or identify trail corridors through the open space areas and conservation easement areas that will be disclosed to all potential lot purchasers to avoid confusion regarding future intentions to improve the open space area, 9. providing a road right of way for a majority of the roads that is 50 feet width, streets 24 feet in width and with a ten -foot wide trail or suitable sidewalk along a majority of the streets, and 10. adding a guard rail or equivalent protection east of Henry Lane for protection from vehicles potentially leaving the 494 Corridor. C. Whereas, in order for the Developer to agree to dismiss its suit, and to these modifications to the proposed development, it would be necessary for the City to agree to the following: 1. Prepare all public improvements as a City project but with no financial contribution by the City to the infrastructure costs; 2. Assess the improvements at the exact cost of the bond sale over a 15 -year term; 3. Allow the Developer to have joint approval over the final design; 4. Assess the Carver Crossing development property on an annual basis for any and all improvements to be constructed by agreement with CoPar in that calendar year; and 5. Except for phased final approvals as so required by approvals by the City in May 2008, refrain from imposing and enforcing further review or development time constraints, limitations, or encumbrances on the Developer or the project. 6. Consider providing improvements for future utility extensions as part of the project, at Maplewood's expense. D. Whereas, the City and the Developer agree that the Developer will pay a $574,200 fee in lieu of park dedication; payment of this fee may be considered as part of the City's option to purchase properties in the southern portion of the development, but the amount shall become due no later than June 30, 2009. The Developer shall have the option prior to June 30, 2009, to assign this park dedication charge to the individual lots as a building permit fee at the current park dedication charge in effect at the time of the building permit issuance. E. Whereas, if the City grants the Approvals and adopts this Resolution, the Developer and the City intend to enter into a development agreement that is consistent with the development plans of the application and with the terms of this Resolution. F. Whereas, the effectiveness of the approval of the applications and of the obligations under of this Resolution are conditioned upon the parties' execution of such development agreement. G. Whereas, such development agreement shall be presented to the City Council at its first regular meeting in June 2008 following adoption of this Resolution. N) H. Whereas, such development agreement shall include findings consistent with the actions taken by the City regarding the Approvals. I. Whereas, litigation is currently pending in Ramsey County District Court arising from the City's September 28, 2006 denial of applications for a 191 -unit version of a development at the same general location, with a summary judgment hearing currently scheduled for June 2, 2008; and J. Whereas, the parties understand that upon the City's issuance of the Approvals and authorization of the execution of a development agreement that is consistent with the terms of this Resolution, the Developer will dismiss with prejudice the pending suit, and the City and the Developer will agree to mutual releases of the parties and their agents. COUNCIL ACTION ACCORDINGLY, IN RELIANCE UPON THE ASSERTIONS OF THE DEVELOPER AS SPECIFIED ABOVE, THE CITY COUNCIL OF THE CITY OF MAPLEWOOD HEREBY RESOLVES AS FOLLOWS: 1. The Council hereby approves settlement concepts herein; and 2. directs staff and attorneys for the City to prepare and present to the Council at its first regularly scheduled council meeting in June 2008 a development agreement that is consistent with the Recitals of this Resolution as set forth above.