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Home My WebLink About07-23-20070 C. MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, July 23, 2007 Council Chambers, City Hall Meeting No. 07-13 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Acting Mayor Cave. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Absent Rebecca Cave, Acting Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA Councilmember Rossbach requested the addition of M1. Rush Line Corridor under Council Presentations and moving item L7. 2006 Park Commission Annual Report up to Appointments/Presentations as item G.6. Councilmember Hjelle requested the addition of M2. Council Conversation Recap. Councilmember Rossbach moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes — Juenemann, Rossbach Nays — Cave, Hjelle Councilmember Hjelle moved to approve the agenda as amended with the addition of M1. Rush Line Corridor and M2. Council Conversation Recap. Seconded by Acting Mayor Cave. Ayes — Cave, Hjelle, Rossbach Nays — Juenemann E. APPROVAL OF MINUTES Minutes from the July 9, 2007, 5 p.m. Council/Manager Workshop. Councilmember Juenemann moved to approve the Council/Manager Workshop minutes of July 9, 2007, 5 p.m. as submitted. Seconded by Councilmember Hjelle. Ayes- All 2. Minutes from the July 9, 2007, 7:00 p.m. City Council Meeting. Citizen Services Manager, Karen Guilfoile read aloud a few additions to the July 9, 2007, City Council Minutes that she had received from Mayor Longrie. On page 3, above item 2., it should be changed to read Mayor Longrie said she voted Aye based upon the assumptions presented to the council (and then continuing with the remainder of the statement). On page 7, under Award of Bids, the Mayor requested adding 1. b. stating Mayor Longrie confirmed that the recommended bid was from a union shop pursuant to city ordinances. Councilmember Hjelle moved to approve the City Council Meeting minutes of July 9, 2007, as amPnriprl_ Seconded by Councilmember Juenemann. Ayes- All F. VISITOR PRESENTATIONS Elizabeth Sletten, 2747 Clarence Street North, Maplewood, addressed the council. She spoke regarding a letter she sent to the city a year ago regarding decomposing trees on Beam Avenue. She said she attended the July 10, 2007, Environmental and Natural Resources Commission Meeting. Environmentalist, DuWayne Konewko, stated to her he wrote a report regarding the decomposing trees and it was submitted to the City Attorney, Alan Kantrud. However, she said she later found out that DuWayne Konewko did not prepare the written report and that he actually had the city's Naturalist complete the report. (Ms. Sletten handed a document out to the council and staff.) She said prior to the city council meeting the City Manager, Greg Copeland told her the Naturalist was not a "city" employee but was a contracted employee. She was concerned that the Naturalist was composing information on City of Maplewood letterhead even though he wasn't a city employee. Ms. Sletten requested the Naturalist's credentials. 2. Nancy Lazaryan, 10734 West Lake Road, Rice, addressed the council. Ms. Lazaryan said she was serving the council and staff with a Notice of Motion on the civil case and a Notice of Motion In Motion on the criminal action. Ms. Lazaryan spoke about the disorderly conduct case that was brought against her and asked Mr. Kantrud who the prosecutor for this case was. 3. Christine Stone, 2727 Hazelwood, Maplewood spoke regarding the lack of democracy in the City of Maplewood and read aloud a lengthy statement she had written regarding her opinions of the state of the city. 4. Bill Kayser, 6408 — 81" Avenue North, Brooklyn Park, addressed the council. Mr. Kayser spoke regarding an ongoing legal case between the city and his sister Nancy Lazaryan. G. APPOINTMENTS/PRESENTATIONS Lt. Dave Kvam was accepted to the FBI National Academy in Quantico, Virginia, this Fall. a. Chief Thomalla gave the report. 2. Appointments to Parks Commission Councilmember Rossbach moved to appoint Julie Binko to the Parks Commission. Seconded by Councilmember Hjelle. Ayes — All 3. Appointments to the Housing Redevelopment Authority Councilmember Hjelle moved to appoint Rita Andreoli to the Housing Redevelopment Authority. Seconded by Councilmember Juenemann. Ayes — All 4. 360 Event — Susan B. Komen Breast Cancer Walk Slade Thompson , Manager, Event Planning for the Susan B. Komen Breast Cancer Walk. The event will start at the Anoka Ramsey Community College and will end at Boom Island. The event is a three day event which runs from August 24-26, 2007. For more information visit the website at www.The3Da��org or you can call 800-996-3Day. Mr. Thompson thanked everyone in Maplewood who has helped with the participation of this event. 5. National Night Out- Chief Thomalla Chief Thomalla said National Night Out in Maplewood is scheduled for August 7, 2007, from 5:00- 9:00 p.m. This national event is to discuss ways to help fight crime in the community. People have until July 27, 2007, to register block parties and to make arrangements and get the provisions needed for a block party people can contact the Maplewood Police Department for further information. H. PUBLIC HEARINGS Ferndale Geranium Area Street Improvements, City Project 07-14 a. Public Hearing b. Resolution Order Improvement After Public Hearing. C. Resolution Approving Plans and Specification and Advertising for Bids d. Resolution Ordering Preparation of Assessment Roll. e. Resolution Accepting Assessment Roll and Ordering Public Hearing. a. Report given by Assistant City Engineer, Erin Laberee. Acting Mayor Cave opened the public hearing at 7:48 p.m. The following individuals addressed the council: a. Dana Hebert, 1189 Glendon Street, Maplewood, addressed the council. b. Jim Weingartz, 1091 Ferndale Avenue, Maplewood, addressed the council. Councilmember Rossbach moved to approve the Resolution Ordering Improvement after the Public Hearing for the Ferndale Geranium Area Street Improvements, City Project 07-14. RESOLUTION 07-07-118 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 9th day of July, 2007, fixed a date for a council hearing on the proposed street improvements for the Ferndale -Geranium Area Street Improvements, City Project 07-14. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on July 23rd, 2007, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Ferndale -Geranium Area Street Improvements, City Project 07-14. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 23rd day of July 2007. Seconded by Councilmember Juenemann. Ayes - All Councilmember Rossbach moved to approve the Resolution Approving Plans Advertising For Bids for the Ferndale Geranium Area Street Improvements. Citv Proiect 07-14. RESOLUTION 07-07-119 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on July 23rd, 2007, plans and specifications for Ferndale -Geranium Area Street Improvements, Project 07-14, have been prepared by (or under the direction of) the city engineer, 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 clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 22nd day of August, 2007, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 27th, 2007. Seconded by Councilmember Hjelle. Ayes — All Councilmember Rossbach moved to approve the Resolution Ordering Preparation of Assessment Roll for the Ferndale Geranium Area Street Improvements, City Project 07-14. RESOLUTION 07-07-120 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Ferndale -Geranium Area Street Improvements, City Project 07-14. 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 Hjelle. Ayes — All Councilmember Rossbach moved to approve the Resolution Ordering the Assessment Roll Hearing for the Ferndale Geranium Area Street Improvements, City Project 07-14. RESOLUTION 07-07-121 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Ferndale -Geranium Area Street Improvements, City Project 07-14, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 27th day of August, 2007, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Juenemann. Ayes — All 2. Lark Prosperity Area Street Improvements, City Project 07-15 a. Public Hearing b. Resolution Ordering Improvement After Public Hearing. C. Resolution Approving Plans and Specifications and Advertising for Bids. d. Resolution Ordering Preparation of Assessment Roll. e. Resolution Accepting Assessment Roll and Ordering Public Hearing. a. Report given by Assistant City Engineer, Erin Laberee. Acting Mayor Cave opened the public hearing. The following individuals addressed the council: a. Herbert Nadler, 1706 Sandhurst Avenue E., Maplewood, addressed the council. b. Carol Lynne, 1723 East Burke Avenue, Maplewood, presented a petition. C. Linda Halliburton, 2138 Prosperity Road, Maplewood, addressed the council. d. Loyd Hanson, 2152 Prosperity Road, Maplewood, addressed the council. e. Dave T., 1726 Lark Avenue, Maplewood, addressed the council. f. Betty ?, 1712 Laurie Road East, Maplewood, addressed the council. g. Bruce Roman, 1713 Laurie Road East, Maplewood, addressed the council. h. Richard Halliburton, 2138 Prosperity Road, Maplewood, addressed the council. Acting Mayor Cave closed the public hearing. Councilmember Hjelle moved to approve the Resolution Ordering Improvement After the Public Hearing for the Lark Prosperity Area Street Improvements, City Project 07-15. RESOLUTION 07-07-122 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 9th day of July, 2007, fixed a date for a council hearing on the proposed street improvements for the Lark/Prosperity Area Street Improvements, City Project 07-15. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on July 23rd, 2007, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Lark/Prosperity Area Street Improvements, City Project 07-15. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 23rd day of July 2007. Seconded by Councilmember Juenemann. Ayes — All Councilmember Hjelle moved to approve the Resolution Approving Plans and Specifications and Advertising for Bids with further consideration given for a possible cul-de-sac on Burke Avenue and full consideration of the drainage issues in the entire neighborhood for the Lark Prosperity Area Street Improvements, City Project 07-15. RESOLUTION 07-07-123 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on July 23rd, 2007, plans and specifications for Lark/Prosperity Area Street Improvements, City Project 07-15, have been prepared by (or under the direction of) the city engineer, 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 clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 23rd day of August, 2007, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 27th, 2007. Seconded by Councilmember Juenemann. Ayes — All Councilmember Hjelle moved to recommend the Resolution Ordering Preparation of Assessment Roll for the Lark Prosperity Area Street Improvements, City Project 07-15. RESOLUTION 07-07-124 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Lark/Prosperity Area Street Improvements, City Project 07-15. 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 Juenemann. Ayes - All Councilmember Hjelle moved to recommend the Resolution Accepting Assessment Roll and Ordering Public Hearing for the Lark Prosperity Area Street Improvements, City Project 07-15. RESOLUTION 07-07-125 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Lark/Prosperity Area Street Improvements, City Project 07-15, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 27th day of August 2007, at the city hall at 7:15 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Juenemann. Ayes- All I. CONSENT AGENDA Councilmember Hjelle moved to adopt consent agenda items 1, 2, 5, 7, 8, 9, 10. Seconded by Councilmember Rossbach. Ayes- All Councilmember Juenemann moved to adopt consent agenda item 3 with an additional condition. Seconded by Councilmember Rossbach. Ayes- All Councilmember Juenemann moved to adopt consent agenda items 4 & 6. Seconded by Acting Mayor Cave. Ayes- All 1. Approval of Claims Councilmember Hjelle moved approval of Claims. ACCOUNTS PAYABLE: $ 556,633.02 Checks #72989 thru #73051 Dated 06/27/07 thru 07/03/07 $ 295,809.11 Disbursements via debits to checking account Dated 07/02/07 thru 07/05/07 $ 151,716.01 Checks #73105 thru #73156 Dated 07/11/07 thru 07/17/07 $ 172,002.23 Disbursements via debits to checking account Dated 06/21/07 thru 06/28/07 $ 1,176,160.37 Total Accounts Payable PAYROLL $ 498,563.83 Payroll Checks and Direct Deposits dated 07/13/07 $ 2,689.97 Payroll Deduction check #1002568 thru #1002570 Dated 07/13/07 $ 501,253.80 Total Payroll $ 1,677,414.17 GRAND TOTAL Seconded by Councilmember Rossbach. Ayes - All 2. Conditional Use Permit — Walking in Faith Church, 2385 Ariel Street. Councilmember Hjelle moved to approve the Conditional Use Permit for the Walking in Faith Church, 2385 Ariel Street. Seconded by Councilmember Rossbach. Ayes — All 3. Conditional Use Permit — Comfort Bus, 1870 Rice Street. Councilmember Juenemann moved to approve the Conditional Use Permit for the bus maintenance and repair _garage for Comfort Bus Company, 1870 Rice Street, and the Conditional Use Permit shall be reviewed again in four months. Seconded by Acting Mayor Cave. Ayes — All 4. Acceptance of Grant Funds for Police Reserves Councilmember Juenemann moved to approve the Acceptance of Grant Funds for Police Reserves. Seconded by Councilmember Hjelle. Ayes — All 5. Desoto Skillman Area Street Improvements, City Project 06-16. a. Resolution Approving Change Order 1. Councilmember Hjelle moved to approve the Resolution Approving Change Order 1 for the Desoto Skillman Area Street Improvements, City Project 06-16. RESOLUTION 07-07-126 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-16, CHANGE ORDER 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 06-16, Desoto Skillman Area Neighborhood Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 06-16, Change Order Nos. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 1 in the amount of $109,432.30. The revised contract amount is $3,223,020.20. Seconded by Councilmember Rossbach. Ayes — All 6. Mogren Street Improvements, City Project, 06-17 Councilmember Juenemann moved to approve the Mogren Street Improvements, City Project, OFi-17. RESOLUTION 07-07-127 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-17, CHANGE ORDER 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 06-17, Mogren Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 06-17, Change Order Nos. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 1 in the amount of $5,875.50. The revised contract amount is $2,380,301.80. Seconded by Acting Mayor Cave. Ayes — All 7. Pond Overlook Public Improvements, City Project 07-08 a. Resolution Accepting Plans and Specifications and Authorizing Ad for Bid. Councilmember Hjelle moved to approve the Resolution Approving Plans Advertising for Bids for the Pond Overlook Public Improvements, City Project 07-08. RESOLUTION 07-07-128 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on June 25th, 2007, plans and specifications for Pond Overlook Public Improvements (2161 County Rd D), Project 07-08, have been prepared by (or under the direction of) the city engineer, 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 clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 16th day of August, 2007, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 27th, 2007. Seconded by Councilmember Rossbach. Ayes — All b. Resolution Ordering Preparation of Assessment Roll. Councilmember Hjelle moved to approve the Resolution Ordering Preparation of Assessment Roll for Pond Overlook Public Improvements, City Project 07-08. RESOLUTION 07-07-129 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Pond Overlook Public Improvements (2161 County Rd D), City Project 07-08. 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 8. Pond Overlook Developer Agreement, City Project 07-12, Approve Agreement with Developer. Councilmember Hjelle moved to approve the Pond Overlook Developer Agreement, City Project 07-12, Approving the Agreement with the Developer. CITY OF MAPLEWOOD Ramsey County, Minnesota Contract for Residential Development Pond Overlook City Project 07-08 (Public) and 07-12 (Private) THIS AGREEMENT, made this 23 day of July, 2007, between the City of Maplewood, Minnesota, acting by and through its mayor and city manager, herein called the CITY and Andrus Investments, Inc. herein called the DEVELOPER. IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows: 1. In consideration of the CITY constructing Pond Overlook Public Improvements (City Project 07-08), the DEVELOPER shall rough grade the private development site to include the public road area and bring the rough grade elevation within 0.2 -feet of the public road grading grade elevation (1 -foot below final street elevation). This work must be completed prior to the CITY awarding a construction contract for the public improvements. 2. Also in consideration of the CITY construction Pond Overlook Public Improvements (City Project 07-08), the DEVELOPER shall rough grade the development site to include the construction of the infiltration basin at the northwest corner of the development site. This work must be completed prior to the CITY awarding a construction contract for the public improvements. Furthermore, the CITY will take over maintenance of the infiltration basin upon a satisfactory inspection and proper functioning and landscaping of the basin. 3. The DEVELOPER agrees to meet all Special Conditions described in the approved resolution dated June 25th, 2007 by the Maplewood City Council. 4. The DEVELOPER shall implement a homeowners association as part of this development. The homeowners association shall be the responsible party for the maintenance and care of all water service laterals between the water main in County Road D and the proposed building structures. Also, the liability and maintenance of retaining walls, landscaping, fencing, and other commonly shared items located on Lot 11 and Building Lots 1 through 10 will be the responsibility of the homeowners association. 5. The Developer shall reimburse any costs incurred by the City for engineering, legal, and administrative services, associated with the private development project (City Project 07-12). These services will be invoiced and shall be paid in a timely manner. A $10,000 cash escrow shall be established as a guarantee of payment. If the City is not reimbursed for costs associated with City Project 07-12 then the $10,000 posted cash escrow will be used to reimburse the City. The $10,000 escrow is also a financial guarantee for the Public Improvement Project 07- 08, in addition to the required letter of credit (See Condition 14; page 5). Reduction in the cash escrow guarantee may be granted after written request by the Developer based on the value of the completed and paid for improvements restoration of the disturbed project areas and any outstanding service fees at the time of the requested reduction. The amount of the reduction will be determined by the city engineer. 6. The DEVELOPER agrees to dedicate the right-of-way for Furness Place to the CITY as detailed in the final plat for Pond Overlook. This dedication shall be provided at no cost to the CITY. 7. The DEVELOPER agrees to dedicate a 15 foot drainage and utility easement over the drainage pipe, to extend from the cul-de-sac to the infiltration basin location, to the CITY as detailed in the final plat for Pond Overlook. This dedication shall be provided at no cost to the CITY. The DEVELOPER also agrees to dedicate the common area labeled as Lot 11 on the Pond Overlook plat as a public drainage and utility easement. The infiltration basin shall be located fully within Lot 11 to ensure the CITY does not require additional easement area upon the CITY accepting maintenance of the infiltration basin. 8. The DEVELOPER shall furnish all engineering, architectural, and administrative services for the private improvements and building projects. 9. The DEVELOPER agrees that the private work shall be done and performed in the best and most workmanlike manner; and all materials and labor shall be in strict conformity with respect to the approved Plans and Specifications and improvement standards of the City of Maplewood, and shall be subject to the inspection and approval of the CITY or a duly authorized engineer of the CITY; and in case any material or labor supplied shall be rejected by the city or engineer, as defective or unsuitable, then such rejected material shall be removed and replaced with approved material to the satisfaction and approval of the City or engineer and at the sole cost and expense of the DEVELOPER. 10. All ten (10) building lots within the Pond Overlook plat are exempt from the city's sanitary sewer cash connection fee upon connection to the public sanitary sewer main within the public street. 11. After completion of all private work required by the DEVELOPER, the City engineer or the City engineer's designated representative, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City engineer shall be satisfied that all work is satisfactorily completed in accordance with said Plans and Specifications; and the Developer's engineer shall submit a written statement attesting to same. 12. The Developer agrees that all payments to the City from the Developer called for under the terms of this contract and City ordinance shall be made within 30 days of billing. Payments not made within this time period shall be obtained through the guarantees provided in this contract. 13. It is further agreed anything to the contrary herein notwithstanding, that the City of Maplewood City Council and its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractor, material suppliers, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work or the improvements provided herein, and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of actions or the costs disbursements and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering services, and costs of legal services rendered in connection with the defending such claims as may be brought against the City. It is further agreed that the Developer will furnish the City of Maplewood proof of insurance in the amount as required by the approved specifications covering any public liability or property damage by reason of the operation of the Developer's equipment, laborers, and hazard caused by said improvement. 14. Prior to the CITY awarding a construction contract for the Pond Overlook Public Improvements (City Project 07-08), it is agreed that the Developer will furnish the City with an irrevocable letter of credit in a form to be approved by the City in the amount of 125 percent of the estimated project cost, as guarantee of payment. It is understood that funds so deposited or so committed shall guarantee all costs of the work herein specified including administrative overhead, legal, engineering, and interest expense, whether such costs are equal to or more than the estimated cost as indicated in the Special Conditions. The letter of credit must clearly indicate that it is an irrevocable letter of credit (from a financial institution approved by the City Attorney) in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of this development agreement. The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. The letter of credit shall be of a one-year duration and must have a condition indicating automatic renewal, with notification to the City a minimum of 60 days prior to its expiration. Reduction in the surety guarantee may be granted after written request by the Developer based on the value of the completed and paid for improvements, restoration of the disturbed project areas and any outstanding service fees at the time of the requested reduction. The amount of the reduction will be determined by the city engineer. A portion of the surety will be returned to the Developer upon the levy of applicable assessments by the City. 15. Breach of any terms of this agreement by the Developer shall be grounds for denial of building or occupancy permits for buildings within the addition until such breach is corrected by the Developer. 16. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 17. The terms and conditions of this Agreement shall be binding on the parties hereto, their respective successors and assigns and the benefits and burdens shall run with the land and may be recorded against the title to the property. 18. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Doug Andrus Andrus Investments, Inc. 2440 Charles Street N, Suite 210 North St. Paul, MN 55109 SIGNATURE: Andrus Investments, Inc. Doug Andrus Title STATE OF MINNESOTA) )SS COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this 2007, by Doug Andrus of the Developer. SIGNATURES CITY OF MAPLEWOOD: Diana Longrie, Mayor STATE OF MINNESOTA )SS COUNTY OF RAMSEY Notary Public Greg Copeland, City Manager day of The foregoing instrument was acknowledged before me this day of 2007, by Diana Longrie and Greg Copeland of the City of Maplewood, a municipal corporation. Notary Public SPECIAL CONDITIONS FOR POND OVERLOOD DEVELOPMENT CITY OF MAPLEWOOD 1. Subdivision Information: a. Plat Name: Pond Overlook b. Developer: Doug Andrus, Andrus Investments Inc. C. Engineer/Surveyor: Plowe Engineering, Inc. /E.G. Ruud & Sons, Inc. d. General Contractor for Private Development: e. Financial Guarantee: (1) Type: Cash Escrow (Engineering/Legal) Amount: $10,000 (2) Type: Letter of Credit or Cash Surety Amount: $ (125% of total estimate project costs for Pond Overlook Public Improvements, City Project 07-08) 2. Scope of work contemplated under the terms of this contract and covered by escrow guarantee is outlined in conditions of development approval from the June 25th, 2007, city council meeting (see attached conditions). DEVELOPMENT CONDITIONS: POND OVERLOOK All construction shall follow the plans date-stamped April 19, 2007, and the landscape plans dated June 12, 2007, except where the city requires changes. Such changes shall include: a. Revising the grading and site plans to show: (1) Revised storm water pond designs as may be suggested or required by the watershed district or city engineer. The pond shall meet the city's ordinance standards. (2) The developer minimizing the loss or removal of vegetation and large trees. This shall include keeping and protecting as many of the large trees as possible along the east side of the property. (3) The street (Furness Court) must be at least 28 feet wide to allow parking on one side. The city council may approve major changes to the plans. The city planning staff may approve minor changes. 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. 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 May 11, 2007, and the plans shall include: a.The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation/replacement, landscaping and parking plans. The cul-de-sac bulb shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer or contractor shall install a four -foot -high, black, vinyl -coated chain-link fence at the top of retaining walls greater than 4 -ft. (2) Provide for staff approval a detailed storm water management plan. 4. The design of the pond(s) shall meet Maplewood's 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. The developer or contractor shall: a. Complete all grading for the site drainage and the pond and meet all city requirements. b.*Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk or fill from the site. d. Get a demolition permit from the city for the removal of the existing house from the property. This removal shall include all foundation materials, concrete and other related materials from the site. e. Provide the city with verification that the town houses as proposed will meet the state's noise standards. This shall be with a study, testing or other documentation. The contractor will have to build the town houses so that they can meet the noise standards. The contractor or builder may accomplish this 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. 6. The approved setbacks for the principal structures in the Pond Overlook 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 - 30 feet, maximum - none c. Rear -yard setback: 20 feet from any adjacent residential property line 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The city council shall review this permit in one year. C. Approve the Pond Overlook preliminary plat (received by the city on April 19, 2007). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and public street construction and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide all required and necessary easements. This shall include any off-site easements and 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 streetlights in at least two locations. One light shall be at the intersection of County Road D and the proposed street (Furness Place) and the second near the north or east end of the street near the cul-de-sac. The exact style and location 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. Cap, seal and abandon any wells that may be on the site and remove septic systems or drainfields, subject to Minnesota rules and guidelines. g. Demolish or remove the existing house and driveway from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo from Michael Thompson dated May 11, 2007, 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. (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 or as may be required by the city engineer. (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) Emergency overflow swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one -foot deep and protected with approved permanent soil -stabilization blankets. (10) 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. (11) As little grading as possible east of the proposed cul-de-sac and town houses. This is to keep as many of the existing trees on this part of the site as is reasonably possible. c.* The tree plan shall: (1) Be approved by the city engineer or environmental manager before site grading or final plat approval. The developer and city staff will need to negotiate and agree on a final tree planting and preservation plan. This may include adding more trees to the site, increasing the size of the trees that the developer plants on the site, having the developer plant trees else where in the city or having the developer pay into a city -tree planting fund. (2) Show where the developer will remove, 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 replacement and screening trees. The 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 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 the new trees together. These planting areas shall be: (a) near the ponding area. (b) along the north and south sides of the site to help screen the development from the freeway to the north and from County Road D to the south. (c) Along the east side of the site to help provide screening of the new construction from the homes to the east. (7) Require the developer to replace any trees that die within one year of planting. The size and species of the new trees shall be subject to city staff approval. d. The street, driveway and utility plans shall show: (1) The street (Furness Place) shall be a 7 -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) The street with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (4) The coordination of the water service locations, alignments and sizing with the standards and requirements of the North Saint Paul utility department. Fire -flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (5) 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. (6) The plan and profiles of the proposed utilities. (7) Details of the ponds and the pond outlets. The contractor shall protect the outlets to prevent erosion. 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. (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. Add drainage and utility easements as required by the city engineer. b. Label the new street as Furness Place on all plans. 5. Secure and provide all required easements for the development. These shall include any off-site drainage and utility easements. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, rough grading, and the tolerancing of the public road and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. 7. 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, any outlots, private utilities, water services, landscaping and retaining walls. 8. 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.A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. d. A covenant or deed restriction that prohibits any additional driveways (besides the new street shown on the project plans) from going onto County Road D. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. The city will not issue a building permit until after the developer has recorded the final plat and these documents and covenants. 9. The developer shall complete all grading for overall site drainage and shall rough grade and tolerance the site to prepare for the public street and utility improvements. The city engineer shall include in the developer's agreement all grading that the developer or contractor is to perform before the installation of Furness Place as a public improvement project. 10. Obtain a permit from the Watershed District for grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPGA). 12. Obtain the necessary approvals and permits from MnDOT. 13. If the developer decides to final plat part of the preliminary plat, the city staff may waive any conditions that do not apply to the final plat. D. Approve the plans date-stamped April 19, 2007, (site plan, grading and drainage plans and building elevations) and the landscape plans date-stamped June 12, 2007, for the Pond Overlook town houses on the new cul-de-sac on the north side of County Road D west of McKnight Road. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, landscaping, sidewalk and driveway plans. The plans shall meet the following conditions and shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2007. (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. (d) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city and shall have a fence or some other protective barrier along the top of the wall. (e) Show the proposed street and driveway grades as allowed by the city engineer. (f) Show 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 surrounding areas. (g) Show details about the required fence by the pond including the materials, gate, height and color. The contractor shall install the fence above the retaining wall if wall is taller than 4 -ft. (3) The tree plan shall: (a) Be approved by the city engineer or by the city environmental manager before site grading or final plat approval. The developer and city staff will need to negotiate and agree on a final tree planting and preservation plan. This may include adding more trees to the site, increasing the size of the trees that the developer plants on the site, having the developer plant trees else where in the city or having the developer pay into a city -tree planting fund. (b) Include an inventory of all existing large trees on the site and shall show where the developer will remove, save or replace large trees. (c) Show the size, species and location of the replacement trees. The coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (e) Be consistent with the plan the applicant submitted to the city at the June 12, 2007, CDRB meeting that was reviewed by Virginia Gaynor and the CDRB. (4) The street, driveway and utility plans shall show: (a) A water service to each lot and unit. (b) All private driveways to the units at least 20 feet wide. (c) If the developer wants to have parking on one side of the new street, then it must be at least 28 feet wide. (d) The developer or contractor shall post one side of the street with "no parking" signs to meet the above -listed standards. (e) The new street labeled as Furness Place and County Road D labeled on all plans. (5) The design of the ponding area shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site utility, grading or drainage easements and for recording all necessary easements. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Submit a revised landscape plan to staff for approval that incorporates the following details: (1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within the ponding area. (2) The addition of trees along the north and south sides of the site. (3) The developer shall install landscaping in the ponding area that will be attractive and will promote infiltration. Such landscaping shall be approved by the city engineer or city naturalist and shall be shown on the project landscape plans. (4) Having in -ground irrigation for all landscape areas (code requirement). (5) The plantings proposed around the front of the units shown on the landscape plan date-stamped June 12, 2007, shall remain on the plan. (6) A concrete walk from the driveway to the door of each unit. (7) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native flowering plants and shrubs and trees. The native flowering plants, shrubs and trees shall be those needing little or no maintenance. The developer shall have the contractor seed the natural areas with an upland mixture and lowland mixtures as is appropriate. (8) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (9) The contractor shall restore the County Road D boulevard with sod. (10) Adding more evergreen trees (Black Hills spruce or Austrian pines) (where possible) along the north and south property lines of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows to provide screening for the development. (11) Shows the in -ground lawn -irrigation system, including the location of the sprinkler heads. (12) The city engineer or by the city environmental manager shall approve this plan before site grading and shall be consistent with the approved grading and landscape plans. d. Show that Ramsey County has recorded the final plat for this development. e. Get the necessary approvals and permits from the watershed district. f. Have the North Saint Paul utility department approve the proposed utility plans. g. Present to staff for approval colored building elevations and building material samples of all elevations of the town houses. These plans and elevations shall show or include (but are not limited to) that the colors of the town houses will be tones of brown, gray, ivory and beige -colored vinyl siding, any shutters, window grids, decorative lighting for the front elevations and the style and materials of deck or balcony railings. These elevations also shall show details for the enhancement of the south side elevation of Unit 1 and the rear elevations for Units 9 and 10 (that face County Road D) (including the use of shutters) and stone wainscoting on the entire front elevation per the revised sketch submitted to the city by the applicant at the June 12, 2007, CDRB meeting. City staff must approve these plans before the city will issue a building permit. h. The developer or builder will pay the city Park Availability Charges (PAC fees) for each housing unit when they get the building permit for each unit. i. Submit the homeowners' association bylaws and rules to the city for approval by the city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, the private utilities, water services, landscaping and any retaining walls. j. Obtain the necessary approvals and permits from MnDOT. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards and sod all turf areas. c. Complete all landscaping and turf irrigation for that building. d. Install the paved driveway for each unit. e. Install a reflectorized stop sign at the exit onto County Road D and addresses on each building for each unit. In addition, the applicant shall install "no parking" signs within the site, as required by staff. Install and maintain all required landscaping (including the plantings around each unit and around the pond) and an in -ground sprinkler system for all landscaped areas (code requirement). g. Install on-site lighting for security and visibility that follows the approved site lighting plan. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. h. Install additional trees along the north, east and south property lines of the site (where possible) where the proposed or existing vegetation would not screen the town houses from the existing roadways and dwellings to the east. These additional materials are to strive to ensure that there will be at least a six -foot -tall screen on these sides of the site. The location, design and materials of the additional landscaping shall be subject to city staff approval. i. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The city staff may approve minor changes to the project plans. Seconded by Councilmember Rossbach. Ayes - All 9. Private Water Main Agreement Amendment. Councilmember Hjelle moved to approve the Amendment to the Private Water Main Agreement of May 18, 1993. Authorizing the movement of the private water main by the RCCF to accommodate their facility expansion. Seconded by Councilmember Rossbach. Ayes — All 10. Resolution for support for Route 219 Job Access Reverse Commute Councilmember Hjelle moved to approve the Resolution for Support for Route 219 Job Access Reverse Commute. RESOLUTION 07-07-130 SUPPORT FOR METROPOLITAN COUNCIL'S 2007 JOBS ACCESS REVERSE COMMUTE APPLICATION WHEREAS, the Maplewood City Council desires to voice its support for the Metropolitan Council's 2007 Jobs Access Reverse Commute Federal Grant application to improve service on Route 219 in the communities of Maplewood, White Bear Lake, Mahtomedi, Oakdale, North St. Paul, Landfall and St. Paul. The application proposes improved frequency on the route, an extension of service hours on weekday nights, and the introduction of new Saturday service. AND WHEREAS, Route 219 is a vital part of the transportation system in the communities it serves, providing connections to job and career training programs at Century College. The route also connects under -and unemployed persons to entry-level job opportunities in the Sun Ray Shopping Center and Maplewood Mall. Service improvements to Route 219 would benefit our community by improving job prospects for low-income individuals and helping our businesses attract a dependable workforce. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Supports the Metropolitan Council's 2007 Jobs Access Reverse Commute Grant Application to take advantage of this federally funded grant to improve transportation to and from employment opportunities for members of our community. Diana Longrie, Mayor Rebecca Cave Eric Hjelle Kathleen Juenemann Will Rossbach Seconded by Councilmember Rossbach. Ayes - All J. AWARD OF BIDS None. K. UNFINISHED BUSINESS Mississippi Street Park Petition, City Project 06-16, Authorization to Negotiate Change Order for Vacant Lot Grading. a. Report given by Public Works Director, Chuck Ahl. b. Peter Fischer, Chairperson for the Park & Recreation Commission. He had a small correction to the staff report. The error to the Park & Recreation recommendation is shown stricken and the correction is underlined and bolded: It is recommended that council authorize the City Engineer to negotiate a change order with the contractor for the Desoto -Skillman Area Streets Project, City Project 06-16, for the purpose of grading and drainage improvements to the vacant lot at Mississippi Street and County Road B in preparation for the installation of playgroun event. a potential play area. Councilmember Rossbach moved to approve the Mississippi Street Park Petition, City Project 06- 16. Authorization to Negotiate Change Order for Vacant Lot Grading. Seconded by Acting Mayor Cave. Ayes — All 2. 2008-2012 Capital Improvement Plan a. Report given by the Finance and Administration Manager, Bob Mittet. b. Public Works Director, Chuck Ahl, answered questions. C. Peter Fischer, Chairperson for Park & Recreation Commission, addressed the council. Acting Mayor Cave moved to table the Capital Improvement Plan due to insufficient information included from the Park & Recreation Commission and Planning Commission in the CIP report.. Seconded by Councilmember Rossbach. Ayes — All Councilmember Hjelle made a friendly amendment asking why the Park & Recreation Commission minutes and the Planning Commission minutes were not included in the CIP report and he asked who the staff liaison was. After discussing things further with the council Councilmember Hjelle withdrew the friendly amendment. L. NEW BUSINESS Intoxicating Liquor License — Christopher Rude — Broadway Bar & Pizza a. Citizen Services Manager, Karen Guilfoile, gave the report. b. Christopher Rude, Broadway Bar & Pizza, addressed the council. Councilmember Hjelle moved to approve the Intoxicating Liquor License for Christopher Rude, Broadway Bar & Pizza. Seconded by Councilmember Rossbach. Ayes - All 2. Intoxicating Liquor License — Mandy Gillstrom — Applebee's Neighborhood Grill and Bar. a. Citizen Services Manager, Karen Guilfoile, gave the report. b. Mandy Gillstrom, Applebee's Neighborhood Grill & Bar, addressed the council. Acting Mayor Cave moved to approve the Intoxicating Liquor License for Mandy Gillstrom, Applebee's Neighborhood Grill and Bar. Seconded by Councilmember Hjelle. Ayes — All 3. Conditional Use Permit Revision — Keller Lake Convenience Store, 2228 Maplewood Drive. a. Planner, Ken Roberts, gave the report. b. Roger Logan, the applicant, Keller Lake Convenience Store, 2228 Maplewood Drive, addressed the council. C. Steve Lukin, Fire Chief, commented on the propane tank. d. Gary Pearson, Planning Commissioner, addressed the council. e. George Valento, 1081 County Road B East, Maplewood, addressed the council. f. Deb Forbes, and Kathy Dupre, 1071 County Road B East, Maplewood, addressed the council. Councilmember Rossbach said if this request had come to the city council for consideration to begin with he would not have approved the installation of the propane tank in this location because of the city ordinances. Therefore, councilmember Rossbach felt there were two options. Either approve the CUP revision despite the fact that the propane tank was approved by city staff when it shouldn't have been. Or recommend that the propane tank be removed and that the city reimburse the applicant for the cost of the installation of the propane tank. Acting Mayor Cave and Councilmember Juenemann agreed with Councilmember Rossbach's comments. Councilmember Rossbach moved to require the removal of the Propane Tank within 90 days and Reimburse the Owner for the Cost of the Installation for the Keller Lake Convenience Store, 2228 Maplewood Drive. Seconded by Councilmember Hjelle. Ayes — All 4. Gladstone North Area Street Improvements, City Project 04-15. a. Resolution Accepting Project a. Public Works Director, Chuck Ahl, gave the report. Councilmember Juenemann moved to approve the Gladstone North Area Street Improvements, City Project 04-15. RESOLUTION 07-07-131 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Gladstone North Neighborhood Street Improvements, City Project 04-15, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 04-15 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Seconded by Councilmember Rossbach. Ayes — All 5. St. Paul Monastery Redevelopment Project, City Project 07-02, Resolution Receiving Petition Request for Public Improvements and Authorization to Prepare Preliminary Report. a. Public Works Director, Chuck Ahl, gave the report. Councilmember Rossbach moved to approve the St. Paul Monastery Redevelopment Project, City Project 07-02, Resolution Receiving Petition Request for Public Improvements and Authorization to Prepare Preliminary Report. RESOLUTION 07-07-132 RECEIVING PROPERTY OWNER REQUEST ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, Sister Carol Rennie, representing St. Paul's Monastery of 2675 Larpenteur Avenue East has requested consideration of the extension of public utilities, construction of public roadways and sidewalks/trails, all necessary to serve the Council approved plans for the development of their property, and WHEREAS, it is proposed to make said improvements consistent with the said Council - approved plans for the redevelopment of St. Paul's Monastery at 2675 Larpenteur Avenue, City Project 07-02, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, the preparation of this study is contingent upon St. Paul's Monastery establishing a $10,000 cash escrow to assure the payment of costs for the preparation of the preliminary report. Said escrow shall be returned to St. Paul's Monastery if the proposed improvements are ordered to construction. Seconded by Acting Mayor Cave. Ayes - All 6. City Hall Campus Parking Lot Upgrade Program — Authorization to Explore Re- paving Project with Lark -Prosperity Project. a. Public Works Director, Chuck Ahl, gave the report. Councilmember Juenemann moved to approve the Authorization for the City Engineer to prepare plans and receive bids with the Lark -Prosperity project, City Project 07-15, for the purpose of paving and rehabilitating the parking areas at Maplewood Community Center, City Hall and the Public Works Facility and further authorizes the City Engineer to submit the necessa[Y grant applications for the porous pavement proposed at the Public Works facility. The city shall also explore the possibility of a model strip of porous pavement in front of City Hall. Seconded by Acting Mayor Cave. Ayes — All 7. 2006 Park Commission Annual Report. a. Public Works Director, Chuck Ahl, gave the report. Councilmember Rossbach moved to deny the staff report. Seconded by Councilmember Juenemann. Ayes — All Councilmember Juenemann moved to accept the 2006 Park Commission Annual Report and Activity Plan after hearing from the Chair of the Park & Recreation Commission. Seconded by Councilmember Rossbach. Ayes — All Acting Mayor Cave asked the Chair of the Park & Recreation Commission to address the council. Peter Fischer, Chair of the Park & Recreation Commission, 2443 Standridge, Maplewood, addressed the council. He voiced his concerns regarding the communication between the city and the Park & Recreation Commission. Mr. Fischer said he would leave his Park & Recreation information for the council to make copies of so the council would have the information on hand that he had. 11:00 P.M. Commissioner Rossbach moved to continue the council meeting until its completion. Seconded by Councilmember Hjelle. Ayes — Acting Mayor Cave, Councilmember's Hjelle, Rossbach Nay - Juenemann M. COUNCIL PRESENTATIONS M1. Rush Line Corridor Councilmember Rossbach gave an update regarding the Rush Line Corridor. M2. Council Conversation Recap Councilmember Hjelle asked the council if there was any interest in having another council discussion before the Conservation Easement Workshop at the end of August? The council was agreeable to having another council discussion. N. ADMINISTRATIVE PRESENTATIONS H. Alan Kantrud, City Attorney gave the report. a. Report on Quiet Title Action on Applewood Park. b. Report on the Granting of Temporary Injunction by Ramsey County District Court on Nancy Lazaryan. O. ADJOURNMENT Acting Mayor Cave adjourned the meeting at 11:20 p.m. VA NAME: J ADDRESS: PHONE #: 11�0k? CITY OF MAPLEWOOD Agenda Item D2 JUL _ 2 207 BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM t2 S►n L, Work: Home: -mail: DATE: 6- Z5- 07 You may attach a resume or other summary of your background and expel fence for appointment to this Commission. i. On which Board or Commission are Interested in serving? (please check) ❑ Community Design Review Board ❑ Housing & Redevelopment Authority ❑- Community Outreach Commission fi' Parks and Recreation Commission ❑ Environmental & Natural Resources Commission ❑ Planning Commission ❑ Historic Preservation Commission ❑ Police and Civil Services Commission 2. How long have you lived in the City of Maplewood? (S 3. Will other commitments make regular attendance at meetings difficult? Yes p No ya 4. Please list specific reasons why you would like to serve on this �%Board or Commission? I Q yn I �� -� r e s 4" I'., C� a Cl t? v �op !D �J1 r�'� Ph S P a� c( ark S��C� Far Gornrv+un, vse. l WOV Ake 1-4 S ,e vh0"e 5. Do you have'ayspecific'areas of interest within the Board's or Cornmission's scope of responsibilities? �Ocq 7cir//��5 ) ACYa'.1 !-ewvod n YJJGrIC -T/'i os'1 /4r[,/ P `,�4) "A', 1 s. List any community org�izations or activities in w ch you have rec tly or are no an active participant. j� a ni s e w Q 5 h i �� Co,I:-1 �/ �/u r s �i �� f e 7` Please share any additional comments on why you should be selecjjed by the City Council. I teems . -tie 111 ylewo j 12c,/C are (-eS.S aae5s ,cl'� he_e�eIs A L9rl (aor,�r J ov a �snc/ c�1vr fD use e, /L p/d fit., cave y THE INFORMATION CONTAINEQ.IN THIS, APPLICATION SHALL BE CLASSIFIED AS PUBLK HOME AND WORK TELEPHONE NUM ERS -AND EMAIL ADDRESS.' Retum ormall this application to: city of Maplewood, 1830 coulity Road s East, Maplewood, MN 55109 IL�Cmmuiubn� C000n�7ivn - Gmcmi 3ofommtioo\Dm& & Commissiom Applimlimdoc 110806 Agenda Item D2 Teaching Experiences (continued) Core Faculty: April 1996 -August 2000 Walden University, Educational Change and Technology Innovation Program, Minneapolis, MN Adjunct Faculty: December 1995 -April 1996 Walden University, Educational Change and Technology Innovation Program, Minneapolis, MN Developed and facilitated an online graduate course for mid -career educators in family and societal factors in education. Planned and facilitated a residency on educational change and research design. Served on M.S. thesis proposal review committee and project advisor. Social Studies Teacher: September 1997-1998 Saint Paul Public Schools, Battle Creek Middle School, St. Paul, MN Developed and taught gifted and talented debate and geography in a team -based social studies program in an inner city middle school setting. Committee work included working with student problems on the Student Support Team, Curriculum Training and Writing: June 1997 -August 1997 Saint Paul Public Schools, Battle Creek Middle School, St. Paul, MN Developed gifted and talented debate curriculum and a character education implementation plan for an inner city middle school setting. Trained and planned for the introduction of performance-based graduation standards into the social studies program for an inner city middle school setting. Social Studies Teacher: September 1996 -June 1997 Saint Paul Public Schools, Central High School, St. Paul, MN Developed and taught in an interdisciplinary curriculum in a school -to -work program and gifted and talented social studies programs in an inner city high school setting. Clinical and Student Teacher: December 1995 -May 1996 Saint Paul Public Schools, EXPO For Excellence Middle School, St. Paul, MN Developed and taught thematic instruction based on multiple intelligences in an inner city, multicultural, middle school setting. Agenda Item D2 Consulting and Contract Work (continued) Staff Development Consultant: October 1994 The Greater Minneapolis Girl Scout Council, Minneapolis, MN Developed leadership workshops for activity leaders, volunteers, and management to better serve at -risk adolescent girls. Evaluation Design Consultant: April 1994 St. Paul Foundation, Minnesota AIDS Funding Consortium Guided and designed evaluation for the final phase of AIDS education and policy activities. Administrative Aide: January 1993 -June 1993 Saint Paul Public Schools, Nokomis Montessori, St. Paul, MN Coordinated administration of budget, school and student records, and other daily office functions. Test Administration and Evaluation Consultant: 1991-1992 General Mills Foundation, Nelson, Whiteford, and Associates Trained for and administered reading and other learning readiness assessments to elementary aged children. Curriculum Writer: December 1987 -March 1988 The Greater Minneapolis Girl Scout Council, Minneapolis, MN Developed curriculum of a thematic nature for grades 2-6. Curriculum was focused in "hard to deliver" areas for use by adult volunteers. Demonstrated writing, organizational skills, and completed projects in a timely manner. Credential File Available Education Student Affairs Office University of Minnesota 40 Wulling Hall 86 Pleasant Ave. S.E. Minneapolis, MN 55414 RECEIVED MAR 2 f 1007 CITY OF MAPLEWOOD Ci(V of BOARDS AND COMMISSIONS McPie!veed APPLICANT INFORMATION FORM NAME: DATE: ADDRESS: PHONE #: Work: ' Home: , _ E-mail: You may attach a resume or other summary of your background and experience for appointment to this Commission. 1. On which Board or Commission are interested in serving? (please check) ❑ Community Design Review Board ❑ Housing & Redevelopment Authority ❑ Community Outreach Commission V Parks and Recreation Commission ❑ Environmental & Natural Resources Commission ❑ Planning Commission ❑ Historic Preservation Commission ❑ Police and Civil Services Commission 2. How long have you lived in the City of Maplewood? C-1 3. Will other commitments make regular attendance at meetings difficult? Yes t7 No 4. Please list specific reasons why you would like to serve on this Board or Commission? atcatne vNc,fie ivtunloec� w � Jtyt � Li � • Aj�o u.`� a CPCkC k wcu l Sze cxbot. vv �,; �e ��s f lbw �c 1\,,r\ c�.k �2 +� ccar,cliiVlI Q� r1tis d -bI S Saler 0.>1al i� i3e eY C 5. Do you have any specific areas of interest within the Board's or Commission's scope of responsibilities? er.+,,A c .o t a w a� �,�l �,vY ywa be . 6. List any community organizations or activities in which you have recently or are now an active participant. Please share any additional comments on why you should be selected by the City Council. eL� a ��u�� -� k . y 1+�uvt bOte,A P"L \' < �,��( Co��,;�,� a� Mt�p�cwo�.1 1eaatt 1naux �{Cvl 5�ivt-3 abOLI,+ �net�r � wnc. 'P � G i Q e &u 11 �� c t^''� b� °``a 5 a� L t i'3 1� i ✓i I O w 1I CXA -{'1,- P e u P 14- -i-Ss'P►ign uce`; re u•r� , c�r,t� 1�tapc�ulMy caul 1{(t� wtuj�ic 9 e t_l�tr�n�C5_ THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS AND E-MAIL ADDRESS. Return ❑rmait this application to: city of Maptewood, 1830 County Road 8 East, Maplewood, MN 55108 H:KommissionsTammission - arneml Infotmatlonlaoesds G Commlmiom hpplientloadoe 12.03 .06 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME: Th e- 5,o v711 DATE; .`/Z 6 �0 % ADDRESS: PHONE* Work: Home: E: -mail: You may attach a resume or other summary of your background and experience for appointment to this Commission. On which Board or Commission are interested in serving? (please check) ❑ Community Design Review Board ❑ Housing & Redevelopment Authority ❑ Community Outreach Commission 9 Parks and Recreation Commission ❑ Environmental & Natural Resources Commission ❑ Planning Commission ❑ Historic Preservation Commission ❑ Police and Civil Services Commission 2. How long have you lived in the City of Maplewood? 6, 5' YCA r S Srr CL J(,4 1,e # it 9 8 �a r,% d re(1'5 ej .� 3. Will other commitments make regular attendance at meetings difficult? Yes ❑ No 4. Please list specific reasons why you would like to serve on this Board or Commission? eg, tai S/r , ( �t� e �ee�• �v ul �v� 5 f CLI( Ct,al�i�lCuci !'a✓l�S, �V"(L— {=o -r a(l �GY�GS i�Qt Gc'rb►Q0'1 5. Do you have any specific areas of interest within the Board's or Commission's scope of responsibilities? 1 (d leW-; �}o p la tj w tj I k&ve- vjAa "y N 1 e(,, 5 ny Ze- � 50 ; I r �s `s a C,-� v, l stye VVY i w.prr-+at,+ -fo w to -DOo, Aa li��°tnr�� j �loe�cctfe a� vier s 6. List any community organizations or activities in which you have recently or are now an active participant. 0¢ J c,Oxt P ((orov\00LE U�,►�•-� �F MGA, qty !�4>! S� �z, ,z i-+ ktded reCeA-'Hy, we a duac� �Cw�rYS i�Iz(c,�� tri << teff . WC cillo wo-r(c- .b be, f)(2), gak5 by aC �tVe(y Ste�Ik^1 OpIA' 4�411('tZy b deet' yo41 ?t j Please share any h Z additional comments on why you shouldbe selected by the City Council. ak �` u%``'( �=c'ykt, � C t7y t 4. 0 -C eil- Zy CC u,-•.7 J�KV's' 4- 1Z4L'L vvj 3 ;,-t 6C Uw m Gr c� -re �e4lA,,Ce 4 r '"`Y l=c, r H, pa y a 14 tf 5 a f- Cne% as (,tee-li, THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC HOME AND WORK TELEPHONE NUMBERS AND E-MAIL ADDRESS. 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