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Home My WebLink About06-11-2007A. B 71- E. E. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 11, 2007 Council Chambers, City Hall Meeting No. 07-10 CALL TO ORDER Mayor Longrie called the city council meeting to order at 7:05 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA G2. Taste of Maplewood K. 1.5 Clarification in minutes regarding adoption of Gladstone plan into Land Use Plan M1. Historical Society Ice Cream Social M2. Discussion of CUP for the Monastery Project. M3. Business Commission M4. Commission Openings M5. Contracting of Conservation Easement Issues M6. Consolidated Dispatch M7. Raingardens M8. National Night Out Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes - All APPROVAL OF MINUTES Minutes from the May 14, 2007, 5 p.m. Council/Manager Workshop. Councilmember Juenemann had a correction to the minutes from the May 14, 2007, council/manager workshop that she was absent from the workshop and the minutes reflect she was present. Councilmember Cave moved to approve the May 14, 2007, council/manager workshop minutes as amended. Seconded by Mayor Longrie. Ayes - Mayor Longrie, Councilmember's Cave, Hjelle, Rossbach Abstention - Councilmember Juenemann 2. Minutes from the May 14, 2007, City Council Meeting. Councilmember Juenemann had a correction on page 18, that she had departed the city council meeting at 11:20 p.m. June 11, 2007, City Council Meeting Councilmember Cave moved to approve the May 14, 2007, city council minutes as amended. Seconded by Councilmember Hjelle. Ayes - All F. VISITOR PRESENTATIONS Mike Manthey, President of Silver Lake Association. He previously requested the City of Maplewood pay a fair share of the lake treatment costs based on a percentage of lakeshore in Maplewood equaling $13,200. Previously he met with city councilmember's, Parks Commission and Environmental Commission and he wondered what the result of the meetings was. Mayor Longrie said that item would have to be added to the Agenda at a future date in order for the city council to vote on it. 2. Ralph Sletten, 2747 North Clarence Street, Maplewood. He would like the commission and board meetings to meet in the city council chambers and be televised. 3. Bill Kayser, 6408 — 81St Avenue North, Brooklyn Park, spoke regarding on going legal issues. 4. Bob Zick, 2515 White Bear Avenue, spoke regarding correcting errors in government. 5. Nancy Lazaryan, 10734 West Lake Road, Rice, spoke regarding legal issues. 6. John Kayser, 6408 — 81St Avenue North, Brooklyn Park, requested to speak during New Business. 7. David Bartol, 1249 Frisbee Avenue, Maplewood, spoke regarding the park system in Maplewood, the Maplewood Community Center and open space. G. APPOINTMENTS/PRESENTATIONS Resolution of Appreciation — Debra Birkholz — Police Civil Service Commission. a. Chief Thomalla presented the report to the council. Councilmember Juenemann congratulated and thanked Debra Birkholz for her service. Mayor Longrie moved to approve the resolution of appreciation for Debra Birkholz on the Police Civil Service Commission. RESOLUTION OF APPRECIATION 07-06-073 WHEREAS, Debra Birkholz has been a member of the Maplewood Police Civil Service Commission since April 12, 2004, and has served faithfully in that capacity until April 2007; and WHEREAS, the Police Civil Service Commission has appreciated her experience, insights, and good judgment; and WHEREAS, she has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens that Debra Birkholz is hereby extended our heartfelt gratitude and appreciation for her dedicated service, and we wish her continued success in the future. June 11, 2007, City Council Meeting 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11" DAY OF JUNE 2007. Diana Longrie, Mayor Seconded by Councilmember Juenemann. Ayes — All 2. Taste of Maplewood, Thursday, June 14, 2007. Ms. Guilfoile invited everyone to the Taste of Maplewood, Thursday, June 14, 2007, from 4:00 — 8:00 p.m., at the Maplewood Community Center to celebrate Maplewood's 50th Anniversary, which is being held in conjunction with the White Bear Avenue Business Association. H. PUBLIC HEARINGS Rainbow/ Maple Ridge Driveway Improvement, City Project 07-03 a. Assessment Hearing 7 p.m. b. Resolution Adopting Assessment Roll a. Chuck AN presented the report. The public hearing was opened and no individuals addressed the council. Councilmember Cave moved to approve the Rainbow/Maple Ridge Driveway Improvement, City Project 07-03. RESOLUTION 07-06-074 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 14th, 2007, calling for a Public Hearing, the assessment roll for the Rainbow/Maple Ridge Driveway Improvements, City Project 07-03, 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. NONE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on June 25, 2007, as to their recommendations for adjustments. 2. The assessment roll for the Cottagewood Public 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 June 11, 2007, City Council Meeting 3 15 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2007, but no later than November 15, 2007, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. Seconded by Councilmember Hjelle. Ayes - All CONSENT AGENDA 1. Councilmember Cave moved to adopt the Approval of Claims. ACCOUNTS PAYABLE: $ 40,123.35 Checks #72415 thru #72463 Dated 04/30/07 thru 04/10/07 $ 551,098.14 Disbursements via debits to checking account Dated 03/30/07 thru 04/05/07 $ 339,191.30 Checks #72464 thru #72512 Dated 04/17/07 $ 291,562.92 Disbursements via debits to checking account Dated 04/06/07 thru 04/11/07 $ 1,221,975.71 Total Accounts Payable PAYROLL $ 448,947.40 Payroll Checks and Direct Deposits dated 03/30/07 June 11, 2007, City Council Meeting 4 $ 2,705.47 Payroll Deduction check #1001780 thru 1001782 Dated 04/06/07 $ 451,652.87 Total Payroll $ 1,673,628.58 GRAND TOTAL Seconded by Councilmember Hjelle. Ayes — All 2. Conditional Use Permit Review — Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive. Councilmember Juenemann moved to adopt the Conditional Use Permit Review for the planned unit development for the Beaver Lake Town Houses at Marvland Avenue and Lakewood Drive. Seconded by Councilmember Hjelle. Ayes — All 3. Adopt the Conditional Use Permit Extension — Comforts of Home Senior Housing at 2300 and 2310 Hazelwood Street. Councilmember Cave moved to adopt the Conditional Use Permit Extension — Comforts of Home Senior Housing at 2300 and 2310 Hazelwood Street. Seconded by Councilmember Hjelle. Ayes — All 4. Purchase of a New Ambulance Chassis. a. Chief Lukin gave the report. Councilmember Cave moved to adopt the purchase of a new Ambulance Chassis. Seconded by Councilmember Hjelle. Ayes — All 5. Acceptance of Donation to Police K-9 Program. a. Chief Thomalla gave the report and accepted the donation on behalf of the Police K-9 Program. Councilmember Juenemann moved to adopt the Acceptance of Donation to Police K-9 Program. Seconded by Councilmember Hjelle. Ayes — All 6. The Approval of Fitness Program Coordinator Contract. Councilmember Cave moved to adopt the Approval of Fitness Program Coordinator Contract. Seconded by Councilmember Hjelle. Ayes — All 7. Lift Station Number 18 Rehabilitation, City Project 05-29, Resolution Approving Change Order No. 1. Councilmember Cave moved to adopt the Lift Station Number 18 Rehabilitation, City Project 05-29, Resolution Approving Change Order No. 1. June 11, 2007, City Council Meeting 5 RESOLUTION 07-06-075 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 05-29, CHANGE ORDER No. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05-29, Lift Station No. 18 Rehabilitation and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 05-29, Change Order No. 1 as an increase to said contract by an amount of $3,286.00, such that the new contract amount is now and hereby established as $104,020.27. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 1 as a contract increase in the amount of $3,286.00. The revised contract amount is $104,020.27. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. Seconded by Councilmember Hjelle. Ayes — All 8. Adopt the Approval of Purchase of Bituminous Materials. Councilmember Cave moved to adopt the Approval of Purchase of Bituminous Materials. Seconded by Councilmember Hjelle. Ayes - All 9. Temporary Gambling Resolution — St. Paul East Parks Lions at Ramsey County Fair. a. Citizens Services Manager, Karen Guilfoile gave the report. Councilmember Cave moved to adopt the Temporary Gambling Resolution — St. Paul East Parks Lions at Ramsey County Fair. RESOLUTION 07-06-076 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the St. Paul East Parks Lions, 1821 North Myrtle Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, June 11, 2007, City Council Meeting 6 Minnesota, be forwarded to the Gambling Control Division for their approval. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. Seconded by Councilmember Hjelle. Ayes — All 10. Adopt the Van Dyke Village Tax Increment Financing Amendment. Councilmember Hjelle moved to adopt the Van Dyke Village Tax Increment Financing Amendment. a. City Attorney, Alan Kantrud gave a report to the council. Seconded by Councilmember Juenemann. Ayes — All J. AWARD OF BIDS Resolution Awarding the Sale of $10,170,000 G. O. Improvement Bonds, Series 2007a. Report to follow. a. Finance and Administration Manager, Bob Mittet, presented the report. b. Bruce Kimmel, Springsted Inc., 380 Jackson St., Ste 300, Saint Paul, gave a presentation. Councilmember Hjelle moved to approve the resolution awarding the sale of $10,170,000 G.O. Improvement Bonds, Series 2007a. Seconded by Councilmember Juenemann. Ayes — All K. UNFINISHED BUSINESS Desoto Skillman Area Street Improvements, City Project 06-16, Resolution Approving Revised Assessment Roll. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Juenemann moved to approve the Desoto Skillman Area Street Improvements, City Project 06-16, Resolution Approving Revised Assessment Roll. Seconded by Councilmember Cave. Ayes — All Public Works Director, Chuck Ahl, reported to the council. Mayor Longrie asked if anyone wanted to address the council regarding this matter. Mr. Pete Kubesh, 1722 Edgerton Street, Maplewood, spoke regarding the Mount. Zion Cemetery. Councilmember Hjelle moved to approve the staff recommendation for the storm sewer assessment June 11, 2007, City Council Meeting 7 ($15,366.80) be waived as the property is very flat and generates little runoff into the street. It is also recommended that a credit be given to the cemetery as the property generates little traffic. A 50% credit would revise the street assessment from $92,950.40 to $46,475.20. A 75% credit would revise the street assessment to $23,237.60. Staff recommends that a 75% traffic credit be given to the two properties. Councilmember Hjelle included in his motion to approve the staff recommendation to adjust the street assessment to $23,237.60. Seconded by Councilmember Rossbach Ayes - All Public Works Director, Chuck AN presented the report for Azure Properties - denial to cancel the storm assessment. Mr. Tom Schuette, Azure Properties, 95 South Owasso Boulevard West, Little Canada, addressed the council. He said they appreciate the reconsideration and they concur with the new conclusion. Councilmember Cave moved to deny the cancellation of the storm sewer assessment and to approve the street assessment revision to $20,832.00 for Azure Properties, representing the Rosoto Villas, 1901 Desoto Street. Seconded by Councilmember Hjelle. Ayes — All Public Works Director, Chuck AN presented the report for 3 property owners of the Tarrytown Common Area Interest on Arkwright Street. Mayor Longrie asked if anyone wanted to speak regarding this item. No individuals addressed the council. Councilmember Hjelle moved to deny the three property owners objection from the Tarrytown Common Area IntPrPst_ Seconded by Councilmember Juenemann. Ayes - All Public Works Director, Chuck Ahl, presented the report for Wayne Hruby, 1720 Desoto Street. Councilmember Juenemann moved to deny Wayne Hruby, 1720 Desoto Street, and his request for a 2nd unit assessment to the property and grant the request for deferment of a second unit assessment without interest, until such time property is developed, subject to a signed agreement by the property owner. Seconded by Councilmember Hjelle. Ayes - All Public Works Director, Chuck Ahl, presented the report for June Wendt, 1989 Arkwright Street. Mayor Longrie asked if anyone wanted to speak regarding this item. Ms. June Wendt, 1989 Arkwright Street, Maplewood, addressed the council. She asked for clarification of the wording in the document. Public Works Director, Chuck Ahl, clarified the wording for the resident. June 11, 2007, City Council Meeting 8 Councilmember Juenemann moved to grant the request for a senior citizen deferment, subject to the receipt of the necessary documents to be approved by the city engineer, and deny the revision to assessment, as benefit is received to property for the street improvement for June Wendt, at 1989 Arkwright Street. Seconded by Councilmember Rossbach. Ayes — All Public Works Director, Chuck Ahl, presented the report for Larry Whitcomb, 518 East County Road B. Mayor Longrie asked if anyone wanted to speak regarding this item. No individuals addressed the council. Councilmember Juenemann moved to deny the request for Larry Whitcomb, 518 East County Road B, for the revision to the assessment as the property was assessed for partial reconstruction, but a full reconstruction is scheduled for the street. Seconded by Councilmember Hjelle. Ayes - All Public Works Director, Chuck Ahl, presented the report for Doug Jones, NorthStar Properties of Minnesota, Inc., representing four property owners on Desoto Street. Mayor Longrie asked if anyone wanted to speak regarding this item. Mr. Doug Jones, NorthStar Properties of Minnesota, Inc., said after meeting with city staff he understands the justification and withdraws his past request. Councilmember Cave moved to deny the revision of assessment as the property owner is being assessed for partial street reconstruction and Clark Street is undergoing a full street reconstruction due to deep utility repairs, for 1997, 1993, 2007 and 2019 Desoto Street. Seconded by Councilmember Hjelle. Ayes — All Public Works Director, Chuck Ahl, presented the report for Joseph Tarnowski, 453 Roselawn Avenue. Mayor Longrie asked if anyone wanted to speak regarding this item. Ms. Pat Tarnowski, 453 Roselawn Avenue, Maplewood, addressed the council. She said she was not happy with the deferment on the second lot because it isn't subdivided. Councilmember Rossbach moved to grant deferral of second unit assessment, without interest, until such time property is developed, subject to a signed agreement by the property owner. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. And grant the request to cancel the storm sewer assessment as storm sewer construction was determined to be paid as part of the Desoto Street construction in 1967. The revised assessment amount will be $7,400.00 for street, with $3,700 being deferred upon completion of the signed agreement for Joseph Tarnowski, 453 Roselawn Avenue. Seconded by Councilmember Cave. Ayes — Mayor Longrie, Councilmember's Cave, Hjelle, Rossbach June 11, 2007, City Council Meeting 9 Nay — Councilmember Juenemann Public Works Director, Chuck Ahl, presented the report for 2140 and 2141 Desoto Street. Mayor Longrie asked if anyone wanted to speak regarding this item. Mr. James Fitzgerald, 2141 Desoto Street, Maplewood, addressed the council. His situation is the same as the Tarnowski's at 453 Roselawn Avenue. Councilmember Cave moved to grant the request for James Fitzgerald, 2141 Desoto Street and for Ann Rinehart, 2140 Desoto Street, to cancel the storm sewer assessment as the storm sewer construction was incidental to the Desoto Street construction in 1967. The revised assessment amount will be $3,700.00 for street improvements. Seconded by Councilmember Rossbach. Ayes — Mayor Longrie, Councilmember's Cave, Hjelle, Rossbach Nay — Councilmember Juenemann Public Works Director, Chuck Ahl, presented the report for ten property owners who submitted a petition to the city council and live on Mississippi Street and who object to their street assessments of $8,298.72 per property owner. Staff proposed to use some cost savings within this project of $35,000 to install park equipment within the vacant city parcel; in exchange, the property owners would agree to the assessments as their contribution to the area improvements. Mayor Longrie asked if anyone wanted to speak regarding this item. Mr. Robert Arndt, Sloan Street, Maplewood, addressed the council. He feels if Mississippi Street didn't receive the full street treatment it would be a detriment to his property and should be treated the same as Sloan Street. Having the playground equipment would bring additional traffic to Mississippi Street. Mr. Steve Dang, 2050 Skillman Avenue East, Maplewood, addressed the council. He appealed the street assessment. The playground would benefit other areas. Even though there are 40 units within this area he felt it wasn't a fair comparison to charge them per owner under commercial property compared to the residential charge. A number of tenants are low income and it's hard to find tenants here due to the location, traffic and freeway noise. Councilmember Hjelle moved to approve the Mississippi Street apartment buildings assessments of $8,298.72 each for a total of $82,987.20. Seconded by Councilmember Juenemann. Ayes — Councilmember's Hjelle, Juenemann, Rossbach Nays — Mayor Longrie, Councilmember Cave Councilmember Hjelle moved to deny the use of funds from this street project to install playground eauioment in this location. Seconded by Councilmember Juenemann. Ayes - All Councilmember Cave stated she would work with Chuck AN to bring forward funding information to June 11, 2007, City Council Meeting 10 assist with the installation of playground equipment in the vicinity of the Mississippi Street Apartments. RESOLUTION 07-06-077 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 14, 2006, the assessment roll for the Desoto -Skillman Area Street Improvements, City Project 06-16, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, thirty-two (32) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Jack Silverman, Board Member of Mount Zion Cemetery, 1670 Payne Avenue (PIN 172922430051 and 17292243008): Mr. Silverman submitted a letter on May 31s' requesting the assessment to Mount Zion Cemetery be waived or reduced based on a financial hardship the assessment presents. 2. Harry and Mary Ryman, 604 Kingston Avenue (PIN 17-29-22-43-0026): The Rymans disagree with the lineal -front -foot computation of their assessment that has been applied to their lot due to the classification of the property as a multi -family residence. They request their assessment be revised to a 1 -unit assessment. 3. Moises and Ireneo Perez Rodriguez, 1699 Jessie Street, (PIN 17-29-22-34-0113): The Rodriguez's request a revision to their assessment as it presents a financial hardship. 4. Azure Properties, representing the Rosoto Villas, 1901 Desoto Street, (PIN 17-29-22-32-0001): Azure Properties disagrees with the assessment of the full lineal front footage of the property along Desoto Street. They request that the storm sewer assessment be cancelled since their storm water runoff is already being managed on the property. They also requested that the lineal -front -footage on the street assessment be reduced to that part of the property which is built -out. 5. Joseph Tarnowski, 453 Roselawn Avenue (PIN 17-29-22-23-0061): Mr. Tarnowski disagrees with the 2 -unit assessment that has been applied to his property. He also disagrees with the storm sewer assessment, believing that he has already been assessed for storm sewer when Desoto Street was constructed in 1967. Mr. Tarnowski requests cancellation of the 2nd unit assessment and cancellation of the storm sewer assessment. 6. Doug Jones, NorthStar Properties of Minnesota, Inc. representing 4 separate properties along Desoto Street with addresses 1997, 1993, 2007 and 2019; and 7 separate properties along Clark Street with addresses 1985, 1994, 1999, 2008, 2011, 2020 and 2025. a. Mr. Jones contacted staff engineer Steve Kummer regarding the lineal -front -footage assessment to his properties, citing that the corner lots were being assessed for both the front -footage and the sidelot frontage along a reconstructed street. Since then, City Staff have revised total assessment to the 11 properties by subtracting the sidelot frontage amounts from the corner lots. These amounts were revised prior to the assessment hearing on May 14, 2007. b. Mr. Jones objects to the partial street reconstruction assessment as he believes that the water main replacement is unnecessary and that Clark Street is in good condition and does not need a partial reconstruction. He requests a reduction in his assessment. 7. James Fitzgerald, 2141 Desoto Street (PIN 17-29-22-22-0004): Mr. Fitzgerald disagrees with the storm sewer assessment believing that he has already been assessed for storm sewer when Desoto Street was constructed in 1967. Mr. Fitzgerald requests a revision to his total assessment and a cancellation of the storm sewer assessment. June 11, 2007, City Council Meeting 11 8. Tarrytown Common Area Interest, Paula Lawislak, 2030 Arkwright Street (PIN 17-29-22-23-0037): Ms. Lawislak and several other owners within the Tarrytown Townhome Association contacted staff engineer Steve Kummer regarding the lineal -front -footage assessment to the town home common property and disagreements in regard to the multi -family residence classification. She also disagreed with including the sidelot frontages of the property along Mt. Vernon and Skillman Avenues. Since then, City Staff have revised the assessment to exclude the sidelot frontages from the assessment computation. The individual assessments to each of the 26 townhomes were revised prior to the assessment hearing on May 14, 2007. 9. Tarrytown Common Area Interest, Sara Walz, 2014 Arkwright Street (PIN 17-29-22-23-0029): Ms. Walz' objection is similar to Paula Lawislak's objection as stated in #7 above. Ms. Walz is part of the several townhome owners who contacted City Staff requesting a revision in the assessment. 10. Tarrytown Common Area Interest, Barbara and John Marquette, 2006 Arkwright Street (PIN 17-29- 22-23-0025): The Marquettes' objection is similar to Paula Lawislak's objection as stated in #7 above. The Marquettes are part of several townhome owners who contacted City Staff requesting a revision in the assessment. 11. Saralinda Bauer, 1901 Sloan Street (PIN 18-29-22-41-0031): Ms. Bauer requests a deferment to her assessment due to financial hardship. 12. Kaylyn McFarland, 1731 Edgerton Street (PIN 17-29-22-34-0059): Ms. McFarland requests a cancellation of the assessment to her property as the street reconstruction project does not benefit her property and that she has primary access to Edgerton Street. 13. Hieu Ngoc Bui Tran, 1696 Jessie Street (PIN 17-29-22-34-0106): Ms. Tran requests a deferment or cancellation of her assessment due to financial hardship. 14. Steven Kubesh, 1726 Edgerton Street (PIN 17-29-22-43-0071): Mr. Kubesh requests a cancellation of the assessment to his property as his property primarily faces Edgerton Street and does not utilize Kingston Avenue as his primary access to his property. 15. Andy Faulkner, 471 Roselawn Avenue (PIN 17-29-22-24-0025): Mr. Faulkner disagrees with the 2nd unit assessment applied to his lot. He requests a cancellation of the 2nd unit assessment to his property. 16. Miguel Angel Salas Perez, 1697 Jessie St. (PIN 17-29-22-34-0114): Mr. Perez requests a deferment to his assessment as it presents a financial hardship. 17. Daniel Barranco Alvarez, 545 Larpenteur Avenue (PIN 17-29-22-34-0057): Mr. Alverez spoke to staff engineer Steve Kummer prior to the assessment hearing indicating that he requests a deferment to his assessment as it presents a financial hardship. 18. Ann Rinehart, 2140 Desoto Street (PIN 17-29-22-21-0106): Ms. Rinehart requests a cancellation or revision to the assessment to her property as she believes that she has been already assessed for street and storm sewer with the construction of Desoto Street in 1967. 19. Ming Yang Wang, 2106 Desoto Street (PIN 17-29-22-21-0036): Mr. Wang requests a cancellation or revision to the assessment on his property as the street is in good repair and that the assessment will present a financial hardship. 20. Annastacia Belladonna, 2144 Bradley Street (PIN 17-29-22-21-0110): Ms. Belladonna disagrees with the assessment and requests more information about the breakdown of the assessment funds. She has June 11, 2007, City Council Meeting 12 also indicated that the assessment will present a financial hardship. A deferment, cancellation or revision of the assessment has been requested. 21. Wayne Hruby, 1720 Desoto Street (PIN 17-29-22-34-0042): Mr. Hruby disagrees with the 2nd unit assessment to his property. He requests cancellation of the 2nd unit assessment as there is a question as to whether his property can be split into another buildable lot. 22. Larry Whitcomb, 518 East County Road B (PIN 17-29-22-21-0099): Mr. Whitcomb requests a revision to the assessment on his property given that the water main under the street is not scheduled for replacement. 23. June Wendt, 1989 Arkwright Street (PIN 17-29-22-23-0071): Ms. Wendt requests a revision or senior citizen deferment to the assessment as it will present a financial hardship. 24. Lien Thi Dang, 2048 Mississippi Street (PIN 18-29-22-11-0042): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 25. Hung Dang, 2056 Mississippi Street (PIN 18-29-22-11-0043): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 26. Philong Dang, 2064 Mississippi Street (PIN 18-29-22-11-0045): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 27. Khai Van Dang, 2072 Mississippi Street (PIN 18-29-22-11-0046): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 28. Lien Thi Dang, 2080 Mississippi Street (PIN 18-29-22-11-0047): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 29. Khai Van Dang, 2088 Mississippi Street (PIN 18-29-22-11-0049): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 30. Steven Dang, 2096 Mississippi Street (PIN 18-29-22-11-0050): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 31. An Nguyen 2104 Mississippi Street (PIN 18-29-22-11-0051): Ms. Nguyen requests a deferral or cancellation of the assessment as it will present a financial hardship. 32. Toua Xiong, 2112 Mississippi Street (PIN 18-29-22-11-0053): Ms. Xiong requests a deferral or cancellation of the assessment as it will present a financial hardship. 33. Kim Nguyen, 2120 Mississippi Street (PIN 18-29-22-11-0054): Ms. Nguyen requests a deferral or cancellation of the assessment as it will present a financial hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Desoto -Skillman Area Street Improvement, Project 06-16: 1. Jack Silverman, Board Member of Mount Zion Cemetery, 1670 Payne Avenue (PIN 172922430051 and 17292243008): Grant the request to reduce the assessment from $92,950.40. It is recommended to waive the $15,366.80 storm sewer and apply a traffic credit to the property as little traffic generated. A 50% credit would revise the street assessment from $92,950.40 to $46,475.20. A 75% credit would June 11, 2007, City Council Meeting 13 revise the street assessment to $23,237.60. Staff recommends that a 75% traffic credit be applied and revise the assessment to $23,237.60. 2. Harry and Mary Ryman, 604 Kingston Avenue (PIN 17-29-22-43-0026): Grant the request to revise the lineal -front -foot assessment to their property to a 1 -unit assessment from a multi family assessment. The current assessment amounts to the property are $7,936.00 for street and $1,312 for storm sewer totaling $9,248.00. The revised assessment amounts will be $4,960.00 for street and $820 for storm sewer totaling $5,780.00. 3. Moises and Ireneo Perez Rodriguez, 1699 Jessie Street, (PIN 17-29-22-34-0113): Grant a financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 4. Azure Properties, representing the Rosoto Villas, 1901 Desoto Street, (PIN 17-29-22-32-0001): Grant the revision to the street assessment. The lineal -front -footage assessment will be based on the frontage along Desoto Street from a site retaining wall to the corner of Roselawn Avenue and Desoto Street. Hence, the assessable lineal -front -footage will be revised from 473 lineal feet to 210 lineal feet for the street assessment. Deny the cancellation of the storm assessment. The existing ponding area composes a portion of the green -space percentage of the property and is needed to meet density requirements. The storm assessment will remain at the full length of 473 lineal feet. The current assessment amounts to the property are $46,921.60 for street and $7,757.20 for storm sewer totaling $54,678.80. The revised assessment to the property will be $20,832.00 for street and $7,757.20 for storm sewer totaling $28,589.20. 5. Joseph Tarnowski, 453 Roselawn Avenue (PIN 17-29-22-23-0061): Grant deferral of second unit assessment, without interest, until such time property is developed, subject to a signed agreement by the property owner. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. And to grant the request to cancel the storm sewer assessment as storm sewer construction was determined to be paid as part of the Desoto Street construction in 1967. The revised assessment amount will be $7,400.00 for street, with $3,700 being deferred upon completion of the signed agreement. 6. Doug Jones, NorthStar Properties of Minnesota, Inc representing 4 separate properties along Desoto Street with addresses 1997, 1993, 2007 and 2019; and 7 separate properties along Clark Street with addresses 1985, 1994, 1999, 2008, 2011, 2020 and 2025: Deny revision of assessment as the property owner is being assessed for partial street reconstruction and Clark Street is undergoing a full street reconstruction due to deep utility repairs. 7. James Fitzgerald, 2141 Desoto Street (PIN 17-29-22-22-0004): Grant the request to cancel the storm sewer assessment as storm sewer construction was determined to be paid as part of the Desoto Street construction in 1967. The revised assessment amount will be $3,700.00 for street improvements. 8. Tarrytown Common Area Interest, Paula Lawislak, 2030 Arkwright Street (PIN 17-29-22-23-0037): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. 9. Tarrytown Common Area Interest, Sara Walz, 2014 Arkwright Street (PIN 17-29-22-23-0029): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. June 11, 2007, City Council Meeting 14 10. Tarrytown Common Area Interest, Barbara and John Marquette, 2006 Arkwright Street (PIN 17-29- 22-23-0025): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. 11. Saralinda Bauer, 1901 Sloan Street (PIN 18-29-22-41-0031): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 12. Kaylyn McFarland, 1731 Edgerton Street (PIN 17-29-22-34-0059): Grant cancellation of assessments as benefit to property will be recognized with a future reconstruction of Edgerton Street. Current total assessments are $5,780.00 This will be revised to $0.00. 13. Hieu Ngoc Bui Tran, 1696 Jessie Street (PIN 17-29-22-34-0106): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 14. Steven Kubesh, 1726 Edgerton Street (PIN 17-29-22-43-0071): Grant cancellation of assessments as benefit to property will be recognized with a future reconstruction of Edgerton Street. Current total assessments are $5,780.00. This will be revised to $0.00. 15. Andy Faulkner, 471 Roselawn Avenue (PIN 17-29-22-24-0025): Grant revision to assessment and cancel all assessments to the property as primary access to the property is from Roselawn Avenue and benefit to the property will be realized with a future reconstruction of Roselawn Avenue. Current total assessment is $9,040.00. This will be revised to $0.00. 16. Miguel Angel Salas Perez, 1697 Jessie St. (PIN 17-29-22-34-0114): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 17. Daniel Barranco Alvarez, 545 Larpenteur Avenue (PIN 17-29-22-34-0057): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 18. Ann Rinehart, 2140 Desoto Street (PIN 17-29-22-21-0106): Grant the request to cancel the storm sewer assessment as storm sewer construction was determined to be paid as part of the Desoto Street construction in 1967. The revised assessment amount will be $3,700.00 for street improvements. 19. Ming Yang Wang, 2106 Desoto Street (PIN 17-29-22-21-0036): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. Deny request to cancel assessment, as benefit to property is realized. 20. Annastacia Belladonna, 2144 Bradley Street (PIN 17-29-22-21-0110): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. City staff have been in contact with Ms. Belladonna regarding her requests for information about the assessments. 21. Wayne Hruby, 1720 Desoto Street (PIN 17-29-22-34-0042): Deny request for cancellation of 2nd unit assessment to property. Community Development and Public Works agree that it is possible to split the lot. The correspondence with Mr. Hruby regarding the research done is attached to this resolution. Grant deferment of second unit assessment, without interest, until such time property is developed, subject to a signed agreement by the property owner. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 22. Larry Whitcomb, 518 East County Road B (PIN 17-29-22-21-0099): Deny revision to assessment as the property was assessed for partial reconstruction, but a full reconstruction is scheduled for the street. June 11, 2007, City Council Meeting 15 23. June Wendt, 1989 Arkwright Street (PIN 17-29-22-23-0071): Grant senior citizen deferment, subject to the receipt of the necessary documents to be approved by the city engineer. Deny revision to assessment, as benefit is received to property for the street improvement. 24. Lien Thi Dang, 2048 Mississippi Street (PIN 18-29-22-11-0042): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 25. Hung Dang, 2056 Mississippi Street (PIN 18-29-22-11-0043): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 26. Philong Dang, 2064 Mississippi Street (PIN 18-29-22-11-0045): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 27. Khai Van Dang, 2072 Mississippi Street (PIN 18-29-22-11-0046): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 28. Lien Thi Dang, 2080 Mississippi Street (PIN 18-29-22-11-0047): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 29. Khai Van Dang, 2088 Mississippi Street (PIN 18-29-22-11-0049): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 30. Steven Dang, 2096 Mississippi Street (PIN 18-29-22-11-0050): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 31. An Nguyen 2104 Mississippi Street (PIN 18-29-22-11-0051): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 32. Toua Xiong, 2112 Mississippi Street (PIN 18-29-22-11-0053): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 33. Kim Nguyen, 2120 Mississippi Street (PIN 18-29-22-11-0054): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. B. The assessment roll for the Desoto -Skillman Area Street Improvements, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. 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. 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 2008 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year June 11, 2007, City Council Meeting 16 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, 2007, 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, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before 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, 2007, but no later than November 15th, 2007, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. A fifteen minute break was taken at 9:32 — 9:47 p.m. 1.5 Clarification of the resolution for adopting the Gladstone Plan into Land Use Plan. City Attorney, Alan Kantrud watched the DVD of the March 12, 2007, city council meeting and discovered that the resolution was in fact not voted on because the resolution was not included in the packet for the city council to vote on. After a very lengthy discussion the city council decided this discussion could be addressed at a future city council meeting and that the minutes had already been voted on and approved. 2. Gladstone Area Improvements, City Project 04-21, Review of Final Alternative Area Urban Review (AUAR) Comments and Approval of Resolution Adopting the AUAR. a. Public Works Director, Chuck AN presented the report. Councilmember Cave moved to approve the Gladstone Area Improvements, City Project 04-21, Review of Final Alternative Area Urban Review (AUAR) Comments and Approval of Resolution Adopting the AUAR. CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 07-06-078 A RESOLUTION APPROVING THE FINAL AUAR AND MITIGATION PLAN FOR THE GLADSTONE AREA REDEVELOPMENT MASTER PLAN WHEREAS, on August 8, 2005, the City Council approved a resolution authorizing that an Alternative Urban Area wide Review ("AUAR") be initiated and completed for the Gladstone Area Redevelopment Master Plan project; and WHEREAS, the City of Maplewood has conducted a master planning project for the Gladstone Area June 11, 2007, City Council Meeting 17 Redevelopment Master Plan that has included a number of public meetings and workshops; and WHEREAS, the City of Maplewood has prepared a draft AUAR document that evaluates the cumulative environmental impacts of two alternative development scenarios, one based on the Comprehensive Plan and one based on a draft of the Gladstone Area Redevelopment Master Plan; and WHEREAS, EQB guidance calls for a mandatory 30 -day public review and comment period on the draft AUAR document that commences with publication in the EQB Monitor; and WHEREAS, the City of Maplewood has conducted and received all comments and responses to the AUAR document and prepared a draft Mitigation Plan that does hereby address all concerns and issues raised during the AUAR process; and WHEREAS, EQB guidance calls for a mandatory 10 -day public comment and objection period on the Final AUAR and Mitigation Plan document; and WHEREAS, the Final AUAR and Mitigation Plan were distributed for review and no substantive comments or objections were received. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that the Final AUAR and Mitigation Plan document for the Gladstone Area Redevelopment Master Plan be approved and notice of approval be distributed to the EQB and all individuals and agencies who received the Final AUAR and Mitigation Plan. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. MAYOR CITY MANAGER Seconded by Mayor Longrie. Ayes — All 3. Gladstone Area Improvements, City Project 04-21, Resolution Authorizing Preparation of Plans and Specifications for LCDA Grant Improvements on Frost Avenue and for Improvements at TH 61/Frost Avenue. a. Public Works Director, Chuck AN gave the report. Councilmember Cave moved to approve the Gladstone Area Improvements, City Project 04-21, Resolution Authorizing Preparation of Plans and Specifications for LCDA Grant Improvements on Frost Avenue and for Improvements at TH 61/Frost Avenue. Mr. AN suggested a friendly amendment to the motion to include the round -a -bout and storm water improvements into the resolution which was accepted by Councilmember Cave. RESOLUTION 07-06-079 ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR LCDA GRANT AND INTERSECTION IMPROVEMENTS AT TH 61/FROST WHEREAS, the Metropolitan Council has awarded a grant to the City of Maplewood in the amount of $1.8 million for the improvement of Phase 1 of the Gladstone redevelopment, and June 11, 2007, City Council Meeting 18 WHEREAS, it is proposed that improvements in the form of turn lane improvements, sidewalk/trail improvements, construction of a roundabout, storm water improvements, utility improvements and intersection improvements at TH 61 and Frost Avenue to be coordinated with Ramsey County and MnDOT for Phase 1 for the Gladstone Area Redevelopment Project, City Project 04-21 be implemented. MINNESOTA: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, That the proposed improvement project be referred to the city engineer for study and that he is instructed and authorized to have prepared plans and specifications for the making of said improvements consistent with the awarded grants for the LCDA Improvements and said intersection improvements as coordinated with MnDOT and Ramsey County. 2. That funds, in the amount of an additional $200,000, are appropriated from future project expenses for the purpose of preparing said plans and specifications. Said funds to be reimbursed from LCDA grant funds, MSAS funds and other project related revenues as approved by the Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. Seconded by Councilmember Hjelle. Ayes — All 4. Gladstone Area Improvements, City Project 04-21, Resolution Accepting Turnback of Frost Avenue and East Shore Drive in Exchange for County Road D from TH 61 to White Bear Avenue. a. Public Works Director, Chuck AN presented the report. Councilmember Cave moved to approve the Gladstone Area Improvements, City Project 04-21, Resolution Accepting Turnback of Frost Avenue and East Shore Drive in Exchange for County Road D from TH 61 to White Bear Avenue. RESOLUTION 07-06-080 WHEREAS, Establishment of "County State Aid Highway' status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §162.02; and WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007-173 on May 8, 2007, locating, establishing, designating and numbering CSAH 19 (County Road D) from Trunk Highway 61 to White Bear Avenue as part of the County State Aid Highway system of Ramsey County, and WHEREAS, said resolution locates and establishes the subject County State Aid Highway within the corporate limits of the City of Maplewood; NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Maplewood that the resolution adopted by the County Board, a copy of which is attached hereto and made part thereof, locating and establishing the above County State Aid Highway within the City limits is in all things approved. RESOLUTION 07-06-081 WHEREAS, Revocation of "County State Aid Highway' (CSAH) status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statues §162.02; and June 11, 2007, City Council Meeting 19 WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007-174 on May 8, 2007, Revoking the CSAH status of Parkway Drive (CSAH 27) from Trunk Highway 61 to Frost Avenue; East Shore Drive (CSAH 62) from Frost Avenue to Larpenteur Avenue; and Frost Avenue (CSAH 28) from Parkway Drive to White Bear Avenue; Now, Therefore, Be It RESOLVED, By the City Council of the City of Maplewood that the resolution adopted by the County Board, a copy of which is attached hereto and made part thereof, revoking the CSAH status of the above roadways is in all things approved. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. MUNICIPAL CONCURRING RESOLUTION 07-06-082 WHEREAS, Establishment of "County State Aid Highway' status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §162.02; and WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007-173 on May 8, 2007, locating, establishing, designating and numbering CSAH 19 (County Road D) from Trunk Highway 61 to White Bear Avenue as part of the County State Aid Highway system of Ramsey County, and WHEREAS, Said resolution locates and establishes the subject County State Aid Highway within the corporate limits of the City of Maplewood; Now, Therefore, Be It RESOLVED, By the City Council of the City of Maplewood, that the resolution adopted by the County Board, a copy of which is attached hereto and made part thereof, locating and establishing the above County State Aid Highway within the City limits is in all things approved. ADOPTED JUNE 11, 2007 ATTEST: Mayor City Clerk CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on June 11, 2007. City Clerk City of Maplewood MUNICIPAL CONCURRING RESOLUTION 07-06-083 WHEREAS, Revocation of "County State Aid Highway' (CSAH) status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §162.02; and WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007-174 on March 8, 2007, Revoking the CSAH status of Parkway Drive (CSAH 27) from Frost Avenue to Larpenteur Avenue; and Frost Avenue (CSAH 28) from Parkway Drive to White Bear Avenue; Now, Therefore, Be it June 11, 2007, City Council Meeting 20 RESOLVED, By the City Council of the City of Maplewood, that the resolution adopted by the County Board, a copy of which is attached hereto and made part thereof, revoking the CSAH status of the above roadways is in all things approved. ADOPTED JUNE 11, 2007 ATTEST: Mayor City Clerk CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on June 11, 2007. City Clerk City of Maplewood Seconded by Councilmember Hjelle. Ayes - All 5. Lawful Gambling Ordinance — Second Reading. a. Citizen Services Director, Karen Guilfoile, gave the report. Councilmember Hjelle moved to approve the Second Reading of the Lawful Gambling Ordinance. Sec. 22-1. Gambling prohibitions. Ordinance 881 Chapter 22 LAWFUL GAMBLING Article L In General Article II. Lawful gambling Sec. 22-2. Adoption of state law by reference. Sec. 22-3. City may be more restrictive than state law. Sec. 22-4. Purpose. Sec. 22-5. Definitions. Sec. 22-6. Lawful gambling permitted. Sec. 22-7. Location. Sec. 22-8. Conditions. Sec. 22-9. Lawful gambling at on -sale establishments. June 11, 2007, City Council Meeting 21 Sec. 22-10. Council approval. Sec. 22-11. Application and local approval of premises permits. Sec. 22-12. Local permits. Sec. 22-13. Revocation and suspension of local permit. Sec. 22-14. License and permit display. Sec. 22-15. Notification of material changes to application. Sec. 22-16. Contribution of net profits to fund administered by city. Sec. 22-17. Designated trade area. Sec. 22-18. Records and reporting. Sec. 22-19. Penalty. Sec. 22-20. Severability. Sec. 22-21. Effective date. ARTICLE L IN GENERAL Sec. 22-1. Gambling prohibitions. (a) Any person engaged in gambling as a participant therein or any person who knowingly permits gambling on his premises, such gambling being defied as gambling within the meaning of Minn. Stats. §§609.75 609.762, shall be guilty of a misdemeanor. (b) All kinds and descriptions of gaming, gambling and fraudulent devices and practices in gaming and all playing of dice or other games of chance are hereby prohibited. (c) All roulette tables; all faro banks; all crap tables; all gambling with cards, gaming tables or gambling devices; all descriptions of gaming and gambling; all houses and places for the purpose of gambling and fraudulent devices and practices; and all playing of cards, dice or other games of chance are hereby prohibited from being set up, used or kept for gaming or gambling purposes in the city. (d) No person shall bet any money or other property at or upon or in any gaming or gambling table, game or device prohibited by this section. (e) No person shall keep any house or place for the purpose ofgambling nor shall any person suffer or allow any gaming table, bank or gambling device or gambling equipment prohibited in this section to be set up or used for the purpose ofgamingin any house, building, boat, lot, hotel, motel, shop, ward, room, space or garden belonging to him, occupied by him or over which he has no control. (f) If any person shall engage in a gambling game or make use of any gambling device or equipment prohibited by this section or shall keep tables, furniture, fixtures or instruments for gaming or gambling or used or intended for use in gaming or gambling, in or out of any house, room or place, such tables, instruments or equipment may be seized and taken into custody by any police officer. It is hereby made the expressed duty of all police officers to enter anyplace, house, room, tent or booth and seize the gaming tables, instruments, fixtures or equipment and hold and keep the gaming tables, instruments, fixtures or equipment. (g) No person shall visit any place, house or room used, occupied or in any way designed for gaming or gambling purposes and there bet any money or valuable thing on any game or device, either played with cards, dice or otherwise. It shall be the duty of the police officers to visit all houses, places, rooms, tents or booths where any such gambling is carried on in violation of this section and to arrest all persons violating this section. (h) No person shall, within the city, whether directly or indirectly, bet or risk any money or other property at or upon anygame, device, horse race, contest of any kind whatever or upon the happening of any event, whether such event takes place within or without the city limits, or the result of any such event or engage in any gaming or gambling of any kind whatever, in which money or other property is directly or indirectly bet, wagered, staked or risked, or aid or abet, directly or indirectly, any other person in the doing of any such acts. June 11, 2007, City Council Meeting 22 (i) This section shall not apply to the game of bingo, as defined by state law, if such game of bingo is duly licensed pursuant to state law and this Code or other city ordinance. 0) Notwithstanding the other subsections of this section, a fraternal, religious, veterans' or other nonprofit organization may set up to operate a gambling device or conduct a raffle, as defined in Minn. Stats. § 349.12, if licensed by the city and conducted pursuant to Minn. Stats.§ 340.12, and a person may manufacture, sell or offer for sale a gambling device to such organization. ARTICLE II. LAWFUL GAMBLING Sec. 22-2. Adoption of state law by reference. The provisions of Minnesota Statutes, Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the Council that all future amendments of Minnesota Statutes, Chapter 349, are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance was adopted. Sec. 22-3. City may be more restrictive than state law. The council is authorized by the provisions of Minnesota Statutes, Section 349.213, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on gambling within its limits beyond those contained in Minnesota Statutes, Chapter 349, as it may be amended from time to time. Sec. 22-4. Purpose. The purpose of this ordinance is to regulate lawful gambling within the City of Maplewood, to prevent its commercialization, to insure the integrity of operations, and to provide for the use of net profits only for lawful purposes. Sec. 22-5. Definitions. In addition to the definitions contained in Minnesota Statutes, Section 349.12, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board. CITY, as used in this ordinance, means the City of Maplewood. COUNCIL, as used in this ordinance, means the City Council of the City of Maplewood. LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the Board. LOCAL PERMIT, as used in this ordinance, means a permit issued by the city. TRADE AREA, as used in this ordinance, is defined as the City of Maplewood and each city and township contiguous to the City of Maplewood. RAFFLE, "Raffle" is an activity that requires no skill in order to win a prize. Prizes are awarded through the purchase of chances. June 11, 2007, City Council Meeting 23 Sec. 22-6. Lawful gambling permitted. Lawful gambling is permitted within the city provided it is conducted in accordance with Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time to time; Minnesota Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time to time; and this ordinance. Sec. 22-7. Location. (a) Lawful gambling under license issued by the state lawful gambling board may be conducted only at the following locations: (1) In the licensed organization's hall where it has its regular meetings. No organization shall rent, lease, or occupy, directly or indirectly, any other property for the purpose of conducting gambling, except an on - sale establishment as permitted in this division. (2) In licensed on -sale liquor, wine, and beer establishments. (3) Notwithstanding subsections (a) (1) and (2) of this section, raffle only licenses may be approved for any proper location. (b) No location shall be approved for gambling unless it complies with the applicable zoning, building, fire, and health codes of the city. Sec. 22-8. Conditions. The conduct of lawful gambling under license issued by the state lawful gambling control board shall be subject to the following conditions in the city: (1) No sale, consumption, or possession of liquor, wine, 3.2 percent malt liquor shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on -sale liquor, wine, or 3.2 percent malt liquor license or a bottle club permit; provided, further, that no sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted in the room where a bingo session is taking place. (2) The organization must have been in existence for three years preceding the license application as a re isg tered Minnesota nonprofit corporation or as an organization designated as exempt from the payment of income taxes by the Internal Revenue Code. The organization must have at least 15 active members. (3) Before any person may serve as gambling manager for any organization licensed to conduct gambling in the city, that person must have satisfactorily completed a course of instruction conducted by the state lawful gambling control board on the duties and responsibilities of the gambling manager. Sec. 22-9. Lawful gambling at on -sale establishments. Lawful gambling at on -sale liquor, wine, and 3.2 percent malt liquor establishments shall be Conducted in compliance with the following: (1) Only licenses for lawful gambling and raffles may be issued, except where the licensed gambling organization also holds the on -sale liquor, wine, or 3.2 percent malt liquor licenses for the premises, in which case any gambling license may be issued. (2) On -sale establishments shall be limited to one licensed gambling organization at any one time in the June 11, 2007, City Council Meeting 24 licensed premises and any rooms adjoining the premises under the same management. No lease shall be made with one organization while another lease is in effect for the same on -sale establishment. (3) Every agreement between a nonprofit organization and an on -sale premises for gambling shall be in the form of a written lease. The written lease shall be the complete agreement between the parties, and there shall be no unwritten terms or conditions. The lease shall specifically provide that the lessee shall operate only after issuance of a license and shall be subject to the terms of this division. (4) A copy of any lease agreement between a nonprofit organization and an on -sale licensee shall be filed with the city clerk and the police chief with the gambling license application. (5) A lease agreement between a nonprofit organization and an on -sale establishment shall not provide for rental payments based on a percentage of receipts of profits from la wful gambling. There shall be no other compensation paid to the on -sale establishment, directly or indirectly, other than the rental fee provided in the lease agreement. The maximum rental fee shall be according to state law. (6) All gambling shall be conducted from a booth or other area properly segregated from the rest of the licensed premises. The physical layout of the area set aside for gambling shall be subject to approval of the police department. (7) The gambling booth shall be constructed and maintained by the organization licensed to conduct gambling and shall be under the exclusive control of that organization. The organization licensed to conduct gambling shall prominently display its name and license number at its gambling booth and shall indicate that all profits from gambling are for the benefit of the organization. (8) No employees or agents of the on -sale establishment shall handle gambling devices, gambling money, prizes, or gambling records; nor shall they record winners, replays, or free games; nor shall they otherwise conduct or assist the licensed gambling organizations in conducting the gambling operation. (9) No person shall be jointly employed by both the nonprofit organization and the on -sale establishment. (10) The gambling booth shall be separate from the liquor service bar. No gambling shall be conducted from the liquor service bar. (11) The organization licensed to conduct gambling shall have exclusive control over all gambling devices, money, and records. Whenever the organization is not present, all gambling devices, money, and records shall be securely locked and shall be inaccessible to employees of the on -sale establishment. (12) No gambling funds shall be commingled with funds of the on -sale establishment. (13) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale ofgambling devices or chances. (14) The on -sale establishment shall allow the organization to conduct gambling at any time during its lawful business hours and shall prohibit gambling at any time other than its lawful business hours. (15) The on -sale licensee shall make no agreements with any gambling equipment distributor requiring the use of his gambling equipment in the establishment. (16) Subsections (6), (7), (8), (9), (10), and (11) of this section shall not apply when the licensed gambling organization is also the holder of the on -sale license for the establishment where the gambling is conducted. June 11, 2007, City Council Meeting 25 (17) The city council may disapprove a gambling license application for an on -sale establishment in which gambling violations have previously occurred. Section 22-10. Council approval. Lawful gambling authorized by Minnesota Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the council, subject to the provisions of this ordinance and state law. Section 22-11. Application and local approval of premises permits. (a) Any organization seeking to obtain a premises permit or bingo hall license, or renewal of a premises permit or bingo hall license from the Board shall file with the city clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as filed with the Board. The application and accompanying exhibits and documents shall be filed not later than three (3) days after they have been filed with the Board. (b) Upon receipt of an application for issuance or renewal of a premises permit or bingo hall license, the city clerk shall transmit the application to the chief of police for review and recommendation. (c) The chief of police shall investigate the matter and make its review and recommendation to the city council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. (d) Organizations or bingo halls applying for a state issued premises permit shall pay the city an investigation fee as set by State Statute for cities of the second class. This fee shall be refunded if the application is withdrawn before the investigation is commenced. (e) The applicant shall be notified in writing of the date of which the council will consider the recommendation. (f) The council shall receive a report from the city clerk that includes pertinent information from the background investigation and consider the application within 45 days of the date that the application was submitted. (g) The council shall, by resolution, approve or disapprove the application within 60 days of the receipt of the application. (h) The council shall disapprove an application for issuance or renewal of a premises permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last 3 years. (2) Violation by the on -sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last 3 years. (3) Lawful gambling would be conducted at premises other than those for which an on -sale liquor license has been issued. (4) Lawful gambling would be conducted at more than 4 premises within the city. (5) Failure of the applicant to pay the investigation fee within the prescribed time limit. (6) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. June 11, 2007, City Council Meeting 26 Otherwise the council shall pass a resolution approving the application. Sec. 22-12. Local permits. (a) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minnesota Statute, Section 349.166, as it may be amended from time to time, without a valid local permit. (b) Applications for issuance or renewal of a local permit shall be on a form prescribed by the city. The application shall contain the following information: (1) Name and address of the organization requesting the permit. (2) Name and address of the officers and person accounting for receipts, expenses, and profits for the event. (3) Dates of gambling occasion for which permit is requested. (4) Address of premises where event will occur. (5) Copy of rental or leasing arrangement, if any, connected with the event including rental to be charged to organization. (6) Estimated value of prizes to be awarded. (c) When filing an application for the issuance of a local permit under this division, the applicant must pay to the city cleric, in full, the amount of the permit fee as imposed, set, established and fixed by the city council. (d) Upon receipt of an application for issuance or renewal of a local permit, the city cleric shall transmit the notification to the chief of police for its review and recommendation. (e) The chief of police shall investigate the matter and make review and recommendation to the city cleric as soon as possible to be included in the report for the council, but in no event later than 45 days following receipt of the notification by the city. (f) The applicant shall be notified in writing of the date on which the council will consider the recommendation. (g) The council shall receive the public safety department's report and consider the application within 45 days of the date the application was submitted to the city clerk. (h) The council shall disapprove an application for issuance or renewal of a premises permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last 3 years. (2) Violation by the on -sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last 3 years. (3) The organization has not been in existence for at least 3 consecutive years prior to the date of application. (4) The organization does not have at least 15 active members. (5) Exempted or excluded lawful gambling will not take place at a premises the organization owns or rents. June 11, 2007, City Council Meeting 27 (6) Exempted or excluded lawful gambling will not be limited to a premises for which an on -sale liquor license has been issued. (7) Exempted or excluded lawful gambling will occur at more than 4 premises within the city. (8) More than one licensed, qualified organization will be conducting exempted or excluded lawful gambling activities at any one premises. (9) Failure of the applicant to pay the permit fee within the prescribed time limit. (10) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise the council shall approve the application. Sec. 22-13. Revocation and suspension of local permit. (a) A local permit may be revolted, or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. (b) A license shall not be revolted or suspended until notice and an opportunity for a hearing have first been given to the permitted person. The notice shall be personally served and shall state the provision reasonably believed to be violated. The notice shall also state that the permitted person may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permitted person requests a hearing, the council shall hold a hearing on the matter at least one weep after the date on which the request is made. If, as a result of the hearing, the council finds that an ordinance violation exists, then the council may suspend or revoke the permit. Sec. 22-14. License and permit display. All permits issued under state law or this ordinance shall be prominently displayed during the permit year at the premises where gambling is conducted. Sec. 22-15. Notification of material changes to application. An organization holding a state issued premises permit or a local permit shall notify the city in writing whenever any material change in the information submitted in the application occurs within ten days of the change. Sec. 22-16. Contribution of net profits to fund administered by city. (a) Each organization licensed to conduct lawful gambling within the city pursuant to Minnesota Statute, Section 349.16, as it may be amended from time to time, shall contribute ten percent of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The city shall disburse the funds for lawful purposes as defined by Minnesota Statutes Section 349.12, Subdivision 25, as it may be amended from time to time. An organization's receipts from lawful gambling that is exempt from licensing under Minn. Stats. § 349.166 are not subject to ten -percent contribution imposed by this section. (b) The ten percent contribution imposed by this section shall be paid to a fund administered and regulated by the city, without cost to the city, for disbursement for lawful purposes on a monthly basis and shall be reported on a duplicate copy of the gambling tax return filed with the state lawful gambling control board each month. The report shall be an exact duplicate of the report filed with the state lawful gambling control board, without deletions or additions, and must contain the signatures of organization officials as required on the report form. At the time of submitting a copy of the gambling tax return, each organization shall also file a computation of charitable contribution form. June 11, 2007, City Council Meeting 28 The gambling tax return and payment of the contribution due must be postmarked or, if hand -delivered, received in the office of the finance director on or before the last day of the month following the month for which the report is made. An incomplete gambling tax return will not be considered timely unless corrected and returned by the due date for filing. Delays in the mailing, mail pickups, and postmarking are the responsibility of the organization. The tax return and contribution shall be delivered to: Finance and Administration Manager City of Maplewood 1830 East County Road B Maplewood, MN 55109 Checks shall be made payable to the city. (c) There shall be an interest charge of eight percent per annum on the unpaid balance of all overdue contributions owed by an organization under this section. (d) The city council shall disapprove any pending application for renewal or the original issue of a lawful gambling license for any organization which owes delinquent contributions to the city. Further, the police chief may notify the state lawful gambling board of any organization owing delinquent contributions to the city and may request that the board revoke or suspend the organization's license during the license year. The city council shall not issue or renew any on -sale or off -sale alcoholic beverage license, bottle club permit, or food license to any organization which owes delinquent contributions to the city. The remedies in this subsection are not exclusive and shall be in addition to any other powers and remedies provided bylaw. Sec. 22-17. Designated trade area. (a) Each organization licensed to conduct gambling within the city shall expend 51 percent of its lawful purpose expenditures on lawful purposes conducted within the city's trade area. (b) This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premise within the city's jurisdiction. Sec. 22-18. Records and reporting. (a) Organizations conducting lawful gambling shall file with the city cleric one copy of all records and reports required to be filed with the Board, pursuant to Minnesota Statutes, Chapter 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. (b) Organization licensed by the Board shall file a report with the city proving compliance with the trade area spending requirements imposed by Section 16. Such report shall be made on a form prescribed by the city and shall be submitted annually and in advance of application for renewal. Sec. 22-19. Penalty. Any person who violates (1) any provision of this ordinance; (2) Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time to time; or June 11, 2007, City Council Meeting 29 (3) Minnesota Statutes, Sections 349.11-349.21, as they may be amended from time to time or any rules promulgated under those sections, as they may be amended from time to time shall be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days, or both, plus in either case the costs of prosecution. Sec. 22-20. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. Sec. 22-21. Effective date. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minnesota Statute, Section 412.191, Subdivision 4, as it may be amended from time to time, which meets the requirements of Minnesota Statute Section 331A.01 Subdivision. 10, as it may be amended from time to time. Passed by the Council this 11 th day of June, 2007. Ayes — All (5) Nays - None Mayor Attested: City Clerk Seconded by Councilmember Cave. Ayes — All L. NEW BUSINESS Corner Kick Soccer Center Expansion at 1357 Cope Avenue a.) Conditional Use Permit Revision b.) Design Approval a. Planner, Ken Roberts, presented the report. b. Matt Ledvina, CDRB member reported on the board's comments. C. Joe Walton, PC reported on the planning commissioner's comments. d. Ryan Manning, Owner of Corner Kick, 1357 Cope Avenue, addressed the council. e. Mike Hoeffler, Architect, Lake Elmo, addressed the council. Councilmember Cave moved to adopt item A. the resolution on pages 49-51. This resolution approves a revision for the conditional use permit for Corner Kick Soccer Center at 1357 Cope Avenue. CONDITIONAL USE PERMIT REVISION RESOLUTION 07-06-084 WHEREAS, Mr. Ryan Manning, representing Corner Kick Soccer Center, has requested a revision to the conditional use permit for the soccer center. June 11, 2007, City Council Meeting 30 WHEREAS, this permit applies to the existing soccer center property at 1357 Cope Avenue and the vacant properties to the west of the existing soccer center. The legal descriptions are: CORNER KICK LEGAL DESCRIPTION #1 Existing — 1357 Cope Avenue 10-29-22-32-00-14 IN SECTION 10, TOWNSHIP 29, RANGE 22, EXCEPT WEST 398 FT; THE PARTS OF HWY 36 & WEST RAILROAD R/W (Bruce Vento Trail) OF THE NW'/4 OF SW 14 (SUBJECT TO ROAD) CORNER KICK LEGAL DESCRIPTION #2 10-29-22-32-00-17 SECTION 10, TOWNSHIP 29, RANGE 22, THAT PART OF WEST 398 FT OF SW '/2 OF NW '/4 OF SW '/4 NORTHEASTERLY OF FOLLOWING DESCRIBED LINE; COMMENCING AT SW CORNER OF SOUTH'/2 OF NW'/4 OF SW 1/4; THE EAST 342 FEET ALONG THE SOUTH LINE OF SAID SOUTH 1/2 OF NW'/4 OF 3 WEST'/4 TO POINT OF BEGINNING, THEN N 91.86 FT PARALLEL TO WEST LINE, SAID SOUTH 1/2 CORNER KICK LEGAL DESCRIPTION #3 10-29-22-32-00-18 SECTION 10, TOWNSHIP 29, RANGE 22, THAT PART OF THE WEST 398 FT OF THE SW'/2 OF NW '/4 OF SW'/4 SOUTHWESTERLY OF FOLLOWING DESCRIBED LINE; COMMENCING AT SW CORNER OF SOUTH'/2 OF NW'/4 OF SW 1/4; THE EAST 342 FT ALONG SOUTH LINE OF SAID'/2 OF NW '/4 OF SW '/4 TO POINT OF BEGINNING; THEN NORTH 91.86 FEET PARALLEL TO WEST LINE SAID SOUTH 1/2 WHEREAS, the history of this conditional use permit revision is as follows: 1. On May 1, 2007, 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 approve the conditional use permit revision. 2. On June 11, 2007, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit revision for the following reasons: 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. June 11, 2007, City Council Meeting 31 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: !.All construction shall follow the site plan approved by the city. The Director of Community Developmen may approve minor changes 1. All construction shall follow the plans date-stamped April 6, 2007 and the plans date-stamped May 31, 2007. The city council may approve major changes to the plans and city staff may approve minor changes to the plans. Such changes shall include: a. Revising the project plans to meet all the conditions of the city engineer (including the addition of a sidewalk along Cope Avenue) and city staff. b. Revising the building elevations as may be required by staff, the Community Design Review Board (CDRB) or the city council. 3. The owner or contractor shall start the construction for this permit revision within one year of city council approval or the permit revision shall end. The city council may extend this deadline for one year. 3. The city council shall review this permit revision one year from the date of approval. 5. The owners/operators of the soccer center, the fire marshal and the city building official shall agree on a plan for the soccer center to make the required life safety and building improvements to the existina buildina. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. The necessary changes to meet the handicapped accessibility code requirements. e. A proper address on the building. f. Any other changes the fire marshal or the building official deem necessa[y. 6. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes that the engineer noted in the memo dated April 23, 2007, including the installation of the sidewalk along Cope Avenue. 7. The owner or operator shall be responsible for the maintenance and clean up of the ponding areas on their property. June 11, 2007, City Council Meeting 32 8. The owner or operator shall post the driveways and drive aisles as no parking zones. 9. The owner or operator of Corner Kick shall ensure that visitors or users of the facility do not cause disturbances or make unreasonably loud noise in the parking lot that disturb nearby residents. The owner or operator shall submit a plan to city staff for the education of their patrons about behavior outside the center, for the enforcement of noise rules and how they will deal with, control and minimize other disturbances on their property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. Maplewood bases this permit revision on the findings required by the code and it is subject to the following conditions (the additions are underlined and the deletions are crossed out): 1. All construction shall follow the plans date-stamped April 6, 2007, and the plans date-stamped May 31, 2007. The city council may approve major changes to the plans and city staff may approve minor changes to the plans. Such changes shall include: a. Revising the project plans to meet all the conditions of the city engineer (including the addition of a sidewalk along Cope Avenue) and city staff. b. Revising the building elevations as may be required by staff, the Community Design Review Board (CDRB) or the city council. 2. The owner or contractor shall start the construction for this permit revision within one year of city council approval or the permit revision shall end. The city council may extend this deadline for one year. 3 The city council shall review this permit revision one year from the date of approval. 4. The owners/operators of the soccer center, the fire marshal and the city building official shall agree on a plan for the soccer center to make the required life safety and building improvements to the existing building. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. The necessary changes to meet the handicapped accessibility code requirements. e. A proper address on the building. f. Any other changes the fire marshal or the building official deem necessacy. 5. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes that the engineer noted in the memo dated April 23, 2007, including the installation of the sidewalk along Cope Avenue. 6.The owner or operator shall be responsible for the maintenance and clean up of the ponding areas on their property. June 11, 2007, City Council Meeting 33 7. The owner or operator shall post the driveways and drive aisles as no parking zones. 8. The owner or operator of Corner Kick shall ensure that visitors or users of the facility do not cause disturbances or make unreasonably loud noise in the parking lot that disturb nearby residents. The owner or operator shall submit a plan to city staff for the education of their patrons about behavior outside the center, for the enforcement of noise rules and how they will deal with, control and minimize other disturbances on their property. Seconded by Mayor Longrie. Ayes — Mayor Longrie, Councilmember's, Cave, Hjelle, Juenemann Abstention — Rossbach Councilmember Rossbach didn't want to vote yes or no, so he chose to abstain from voting despite the recommendation from the City Attorney that there was not a legitimate reason for him to do so. Councilmember Cave moved to approve the staff recommendation item B. B. Approve the grading and drainage plans date-stamped April 6, 2007, and the plans date-stamped May 31, 2007 (site plan, landscape plan, and building elevations) and the building elevation for the north and west sides submitted at the May 8, 2007, CDRB meeting for Corner Kick Soccer Center. The city bases this approval on the findings required by the code. This approval is subject to the applicant or contractor doing the following: 1. Repeat this review in two years if the city has not issued a grading permit or a building permit for this project. 2. Complete the following before the city issues a grading or building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, retaining wall, tree, sidewalk, driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100 -year high water elevation for the ponds. (b) Include contour information for all 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. The ponds or basins shall meet the city's design standards and shall include best management practices and rainwater gardens wherever practical. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood -fiber blankets and seeding them with a "no mow" native vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city and a fence on the top to help prevent falls. The design and materials for the retaining walls are subject to staff approval. June 11, 2007, City Council Meeting 34 The city encourages the applicant and designer to tier the retaining wall and add landscaping along the front, the tiers and the back of the wall. (f) Show the required sidewalk along Cope Avenue. (3) The tree plan shall: (a) Be approved by the city engineer or city environmental manager before site grading or tree removal. (b) 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. (c) Show the size, species and location of the replacement trees. The spruce and pine trees shall be at least eight feet tall (not two and one half (2 1/2) inches in diameter). (d) Show no tree removal beyond the approved grading and tree limits. (4) All the parking areas and driveways shall have continuous concrete curb and gutter except where the city engineer decides that it is not needed. (5) The project engineer shall submit to the city a storm water management plan, including drainage and ponding calculations, for the proposal. (6) Make all the changes and meet all the conditions as required by the city engineer and as noted by Michael Thompson in the memo dated April 23, 2007. b. Submit a certificate of survey for all new construction. c. Submit a revised landscape plan to staff for approval that incorporates or shows the following details: (1) The manicured or mowed areas from the natural areas. The native grasses and flowering plants shall be those needing little or no maintenance. Specifically, the developer or contractor shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (2) The location of all large trees on the site. (3) That all new trees would be consistent with city standards for size, location and species. (4) The planting (instead of sodding) the disturbed areas around the ponding areas with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of people mowing into the pond. (5) The plantings proposed around the building shown on the landscape plan date-stamped May 31, 2007, shall remain on the plan. (6) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged plantings or tree beds). (7) No landscaping being put in the Cope Avenue boulevard. The contractor shall restore the boulevard with sod. (8) The relocation of some of the evergreen trees now shown on the landscape plan along the north side of the building and along the south side of the site. These trees are to be at least June 11, 2007, City Council Meeting 35 eight feet tall, and the contractor shall plant these trees in staggered rows wherever possible. The contractor shall place the trees on the north side of the addition to help break up the large wall and on the south side of the site to reduce the effects of motor vehicle headlight glare onto adjacent residential properties. (9) An underground irrigation system for all landscape areas. d. Submit final, revised north -wall building elevations and material samples and color schemes for the building addition to staff for approval. The revised building elevations for the north side should include placing the downspouts in the center and integral (flush) to the piers. All building materials and windows (including the frames and glass) shall be compatible with the existing building, including the proposed metal panels that should match the color of the existing building. e. Get the necessary approvals and permits from the watershed district. f. If necessary, get any approvals and permits from Ramsey County. g. Get the necessary approval and permits from MnDOT. h. Provide city staff with design details (height, depth and materials) about the proposed retaining walls, including any fencing for those that are more than four feet tall. i. Provide for city staff approval the final photometric plan that includes information about the height of the proposed light fixtures and details about the style of the light fixtures. j. The owner shall combine all three properties into one at Ramsey County for tax and identification purposes and provide the city with documentation of this action. k. Submit to the city a letter of credit or cash escrow for all required exterior improvements. The amount of the escrow shall be 150 percent of the cost of the work. 3. Complete the following before using the new parking lots or before occupying the building addition: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the ponding areas, which may be seeded. c. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. d. Install a handicap -parking sign for each handicap -parking space and an address on the building. In addition, the applicant shall install "no parking" signs along all the driveways and drive aisles within the site and elsewhere, as may be required by staff. e. Paint any visible roof -top mechanical equipment to match the uppermost part of the building. (code requirement) f. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. All light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right- of-ways and from adjacent properties. g. The developer or contractor shall: (1) Complete all grading for the site drainage and meet all city requirements. June 11, 2007, City Council Meeting 36 (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. (4) Install the curb and gutter, parking lots, sidewalk and retaining walls as shown on the approved project plans. 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 if the contractor finishes the new parking lot in the fall or winter or if the building additions are occupied in the fall or winter, or within six weeks of occupancy if the building additions are occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. City staff may approve minor changes to the project plans. 6. This approval does not include signage. All proposed signs must be approved the community design review board and the applicant shall get sign permits from the city before the installation of any signs. Seconded by Mayor Longrie. Ayes - All Councilmember Hjelle moved to continue the city council meeting until completion. Seconded by Councilmember Cave. Ayes — Mayor Longrie, Councilmember's Cave, Hjelle Nays — Councilmember's Juenemann, Rossbach 2. Costco on the North side of Beam Avenue, West of Bruce Vento Trail a.)Conditional Use Permit b.)Parking Reduction Authorization a. Senior Planner, Tom Ekstrand presented the report. Staff handed out revised plans dated May 31, 2007, and he requested the recommendations on page 5 of the staff report be changed to reference May 31, 2007, instead of the April 3, 2007, date listed. b. Ted Johnson, Costco, Oak Brook, Illinois, addressed the council. C. Joe Walton, Planning Commissioner, addressed the council. Councilmember Cave moved to adopt item A. the resolution for Costco, changing the date for the plans from April 3, 2007, to May 31, 2007. A. Adopt the resolution approving a conditional use permit for the tire -service center and fuel station at the proposed Costco store in the Mogren Retail Addition east of Highway 61 on the north side of Beam Avenue. Approval is based on the findings required by the ordinance and subject to the following conditions: (Changes to the motion are underlined.) June 11, 2007, City Council Meeting 37 CONDITIONAL USE PERMIT RESOLUTION 07-06-085 WHEREAS, Costco Wholesale Corporation applied for a conditional use permit to be allowed to install a fuel station and tire -service center on the recently -approved Mogren Retail Addition, formerly the Country View Golf Course property; WHEREAS, this permit applies to the 16 -acre site in the southeast corner of the Mogren Retail Addition planned unit development. The legal description is: LOT 1, BLOCK 2, MOGREN RETAIL ADDITION WHEREAS, the history of this conditional use permit is as follows: On May 1, 2007, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this conditional use permit. 2. The city council reviewed this request on June 11, 2007. The council considered the reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passed 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: June 11, 2007, City Council Meeting 38 1. The development shall follow the plans date-stamped May 31, 2007, except where the city requires changes. 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. The city council shall review this permit in one year. 4. The applicant shall comply with the requirements in the engineer's report dated April 20, 2007. 5. There shall not be any outdoor storage of tires unless they are kept within a decorative screening enclosure approved by the community design review board. 6. The fueling area shall have proper safeguards provided to prevent or contain any fuel spills as required by the Minnesota Pollution Control Agency. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. 1. The development shall follow the plans date-stamped May 31, 2007, except where the city requires changes. 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. The city council shall review this permit in one year. 4. The applicant shall comply with the requirements in the engineer's report dated April 20, 2007. 5. There shall not be any outdoor storage of tires unless they are kept within a decorative screening enclosure approved by the community design review board. 6.The fueling area shall have proper safeguards provided to prevent or contain any fuel spills as required by the Minnesota Pollution Control Agency. Seconded by Councilmember Hjelle. Ayes — Mayor Longrie, Councilmember's Cave, Hjelle, Rossbach Nay — Councilmember Juenemann Councilmember Cave moved to adopt item B. of the staff report for the parking waiver for Costco. B. Approve the parking waiver as proposed subject to the retention of the proposed "proof of parking" spaces in case they are needed for future parking needs. If a parking shortage develops after the paving and curbing of the "proof -of -parking" spaces, the city council may require parking lot restriping to add more spaces. Seconded by Councilmember Hjelle. Ayes — All 3. Century Avenue Improvements, City Project 03-15, Resolution Accepting Feasibility Study and Ordering Public Hearing. June 11, 2007, City Council Meeting 39 a. Public Works Director, Chuck AN presented the report. This public hearing would be June 25, 2007, at 7:15 p.m. Councilmember Cave moved to approve the Century Avenue Improvements, City Project 03-15, Resolution Accepting Feasibility Study and Ordering Public Hearing. Seconded by Councilmember Hjelle. Ayes — Councilmember's Cave, Hjelle, Juenemann, Rossbach Nater — Mayor Longrie Mayor Longrie voted Nay because she doesn't believe the city has had an opportunity to develop a public policy with regard to things like this and the amount of debt the city is taking on. RESOLUTION 07-06-086 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted April 9th, 2007, a report has been prepared by the city engineering division with reference to the improvement of Century Avenue Improvements, City Project 03-15, and this report was received by the council on June 11th, 2007, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $22,809,000. 2. A public hearing shall be held on such proposed improvement on the 25th day of June, 2007 in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 4. Pond Overlook Public Improvements at 2161 County Road D, City Project 07-08, Resolution Accepting Feasibility Study and Ordering Public Hearing. a. Public Works Director, Chuck Ahl, presented the report to the city council. Councilmember Cave moved to approve the Pond Overlook Public Improvements at 2161 County Road D, City Project 07-08, Resolution Accepting Feasibility Study and Ordering Public Hearing. RESOLUTION 07-06-087 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted March 12th, 2007, a report has been prepared by the city engineering division with reference to the improvement of Pond Overlook Public Improvements, City Project 07-08, and this report was received by the council on June 11, 2007, and June 11, 2007, City Council Meeting 40 WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of Pond Overlook Public Improvements (2161 County Road D) in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $263,427. 2. A public hearing shall be held on such proposed improvement on the 25th day of June, 2007 in the council chambers of city hall at 7:30 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. Seconded by Councilmember Hjelle. Ayes — All 5. Desoto Skillman Area Street Improvements, City Project 06-16, Petition to Install Street Light on Desoto Street. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if anyone wanted to speak regarding this item. b. Dick Dufrene, 1721 Desoto Street, Maplewood, addressed the council. Councilmember Hjelle moved to approve the Desoto Skillman Area Street Improvements, City Project 06-16, Petition to Install Street Light on Desoto Street. Seconded by Councilmember Cave. Ayes - All 6. Desoto Skillman Area Street Improvements, City Project 06-16, Petition to Construct Parking Bays on Mount Vernon Avenue. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if anyone wanted to speak regarding this item. b. Doug Jones, 2505 Silver Lane NE, St. Anthony, addressed the council. Councilmember Rossbach moved to approve the Desoto Skillman Area Street Improvements, City Project 06-16. Petition to Construct Parking Bays on Mount Vernon Avenue. With the direction for staff to work out the details with Doug Jones. Seconded by Mayor Longrie. Ayes — All 7. NPDES Phase II — Set Public Hearing Date of June 25, 2007, to Discuss 2006 Annual Report and Receive Comments From the Public. a. Public Works Director, Chuck Ahl, presented the report. June 11, 2007, City Council Meeting 41 Councilmember Juenemann moved to approve the NPDES Phase II — Set Public Hearing Date of June 25, 2007, to Discuss 2006 Annual Report and Receive Comments From the Public. Seconded by Councilmember Rossbach. Ayes — All 8. Ferndale/Geranium Area Street Improvements, City Project 07-14, Resolution Ordering Preparation of Feasibility Study. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Rossbach moved to approve the Ferndale/Geranium Area Street Improvements, City Project 07-14, Resolution Ordering Preparation of Feasibility Study. RESOLUTION 07-06-088 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Ferndale/Geranium Area Streets, City Project 07-14 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, funds in the amount of $125,000 are appropriated to prepare this feasibility report. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. Seconded by Councilmember Juenemann. Ayes — Councilmember's Cave, Hjelle, Juenemann, Rossbach Nay — Mayor Longrie Mayor Longrie voted Nay because she doesn't believe the city has had an opportunity to develop a public policy with regard to things like this and the amount of debt the city is taking on. 9. Lark/Prosperity Area Street Improvements, City Project 07-15, Resolution Ordering Preparation of Feasibility Study. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Rossbach moved to approve the Lark/Prosperity Area Street Improvements, City Project 07-15, Resolution Ordering Preparation of Feasibility Study. RESOLUTION 07-06-089 June 11, 2007, City Council Meeting 42 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Lark/Prosperity Area Streets, City Project 07-15 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, funds in the amount of $150,000 are appropriated to prepare this feasibility report. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. Seconded by Councilmember Hjelle. Ayes — Councilmember's Cave, Hjelle, Juenemann, Rossbach Nay — Mayor Longrie 10. Applewood Park Litigation a. City Attorney, Alan Kantrud presented the report. Mr. Kantrud stated an error had been made in the memorandum dated June 6, 2007, in the third paragraph, first sentence. The reference to Judge Warner is incorrect and it should say Judge Smith. He apologized for the error and requested the amendment be made. Councilmember Hjelle moved to adopt the following resolution authorizing legal actions taken to quiet, and such actions to be taken, and authorizing staff and others to pursue whatever means necessary to preserve the comfort, safety and repose of the public as they seek to enjoy Applewood Park while this litigation is active, including but not limited to the use of a restraining order preventing civil unrest on or around the property. RESOLUTION 07-06-090 RATIFYING ACTIONS TAKEN AND APPROVING FURTHER ACTION WHEREAS: the City of Maplewood is the owner of certain lands in the City designated by it as "Applewood Park," and has so -represented so since approximately 1995 and, WHEREAS: the City has made many improvements on said property for the benefit and enjoyment of the public and, WHEREAS: no challenge to the ownership or use of the property was made by anyone for the ten (10) years following the purchase and possession by the City of the Applewood Park property and, WHEREAS: certain parties have made claims and undertaken efforts to undermine the City's legitimate ownership interest in the Applewood Park property and, WHEREAS: the City has been cooperating with its title insurer in participating in an action to "quiet" the title to the property known as Applewood Park due to our obligation to do so as follows: June 11, 2007, City Council Meeting 43 Paragraph 4d of the conditions and stipulations reads as follows, "In all cases where this policy permits or requires the company to prosecute or provide for the defense or any action or proceeding the insured shall secure to the company the right to so prosecute or provide defense in any motion or proceeding and all appeals therein, and permit the company to use, at its option, the name of the insured for this purpose." Paragraph 4d of conditions and stipulations also contains the following language: "Whenever requested by the company, the insured, at the company's expense, shall give the company all reasonable aid in (i) any action or proceeding, securing evidence, obtaining, witnesses, prosecuting or defending the action proceedings, or effecting settlement, (ii) any other lawful act which in the opinion of the company may be necessary or desirable to establish the title to the estate or interest as insured. If the company is prejudiced by the failure of the insured, the policy shall terminate, including any and all liability or obligation to defend, prosecute or continue any litigation with regards to the matter or matters requiring such cooperation." Section 13(a) contains the following language: "The company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim would have had against any person or property in respect to the claim had this policy not been issued. If requested by the company the insured claimant shall transfer to the company all rights and remedies against any person or property necessary in order to protect the rights of subrogation. The insured claimant shall permit the company to sue, compromise or settle in the name of the insured claimant and to use the power of the insured claimant in any transactions or litigation involving these rights or remedies." WHEREAS: the City is aware that members of the public and City staff are being subjected to needless harassment and extra work due to the direct actions of parties to the current litigation and such a result is not in the best interests of the City, its staff or its residents. THEREFORE BE IT RESOLVED: that the Maplewood City Council does hereby approve of the ongoing efforts to quiet title to the property known as Applewood Park and specifically authorizes the use of the courts to settle the matter and, RESOLVED: that the Maplewood City Council will continue to support and participate if required in future proceedings pursuant to its obligation to do so as written in the contract that constitutes the policy of title insurance covering the property known as Applewood Park and, RESOLVED: that the Maplewood City Council specifically authorizes its staff and agents and attorneys to use whatever means necessary to secure the park property from unnecessary acts of civil disobedience and or criminal conduct including but not limited to the securing of civil restraining orders as required. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11th DAY OF JUNE 2007. Seconded by Councilmember Rossbach. Ayes - All 11. Request for Resolution Supporting a Financing Program For The Village on Woodlynn, a Multi - Family Rental Housing Development. a. Finance and Administration Manager, Bob Mittet, gave the report. b. Daniel Lindh, 1800 Chatham Avenue, Arden Hills, addressed the council. He said they were hoping for 55 and over as suggested by the guidelines from the State of Minnesota June 11, 2007, City Council Meeting 44 for the TIF and not 62 and over as stated in the report. Age 62 and over was from the original project because it was HUD financed. Councilmember Rossbach moved to approve the staff recommendation item 1-4: (with the correction to change the age restriction.) 1. Give preliminary approval to the proposal. 2. Call for a Public Hearing, to be held on July 9 to consider the proposal for issuance of revenue bonds. 3. Authorize an application for bonding authority to the Minnesota Department of Finance, and, 4. Authorize the preparation of necessary documents and materials. Councilmember Hjelle seconded. Ayes — All M. COUNCIL PRESENTATIONS 1. Ice Cream Social Councilmember Cave invited everyone to the Bruentrup Farm for the Ice Cream Social June 13, 2007, from 6:00 — 8:30 p.m. 2. CUP Monastery Property Councilmember Cave said the city has been informed the group has merged with Chrysalis. She requested staff review the CUP for the above mentioned items and allow the planning commission to review them and bring any changes back to the city council to make any amendments. Staff should look into the fact that this group went to the state to request money for this facility. 3. Business Commission Mayor Longrie met with business owners within Maplewood and some business owners thought it would be nice to have a Business Commission to promote business opportunities in Maplewood. Apparently St. Paul has something like that. The Mayor will do more research on this. 4. Commission Openings Councilmember Rossbach asked what the status was for the openings the city has available. City Manager, Greg Copeland, said the city has been advertising openings for two months in the Lillie News and on the city website. The city has received 2 applications for the Environmental Commission at this time, and interviews will be soon. 5. Contracting of Conservation Easement Issues Councilmember Rossbach asked for clarification regarding a motion made at a city council meeting authorizing the contracting of conservation easement issues because he didn't remember that occurred. Mr. Copeland said his recommendation was to move to where the city would bring back a product from the Minnesota Land Trust to put before a matter of implementing that on the city open space. Mavor Lonarie recommended listenina to the manaaer work shop DVD from a few months aao and find out what exactly was decided. Councilmember Hjelle asked Mr. Copeland to add it to the next agenda to discuss further. 6. Consolidated Dispatch June 11, 2007, City Council Meeting 45 Councilmember Juenemann said June 11, 2007, was the grand opening at the Law Enforcement Center for the Dispatch Center. The dispatch center goes live Wednesday, June 20, 2007. Councilmember Juenemann thanked the dispatch center for their years of dedicated service and said Ramsey County should be excited and thankful for getting such an incredible group of people who have done an outstanding job. 7. Raingardens Councilmember Juenemann said her neighborhood had the raingarden experience as a follow up to last year's road project. It was unbelievably successful, staff was very helpful and people were impressed and happy to be doing it. She asked Chuck AN to thank the staff that dealt with the raingarden experience. 8. National Night Out Councilmember Juenemann wanted to remind people that National Night Out is Tuesday, August 7, 2007, and she said it's a good time for neighborhoods to organize a neighborhood crime watch program. N. CITY ATTORNEY — ALAN KANTRUD REPORTS City Attorney, Alan Kantrud said the Clear Channel Sign located off of Highway 494 still exists. The city was waiting for the case in Minnetonka to be resolved before Maplewood moved forward. This will require action by the city council in order to help resolve the issue because there is a clear conflict between what has been done and what the city code allows. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:55 a.m. June 11, 2007, City Council Meeting 46 - 1 - 6 711 - - June 11, 2007 involvement in Maplewood City government that have been very successful. a. South Maplewood Moratorium Study — Town Hall Meetings and hiring an independent consultant to lead a community driven process to plan for future growth on the City's least developed and most natural area with unique environmental features. b. Conservation Easement Workshop — Large levels of public participation that topped normal attendance levels for regular City Council Meetings c. Designation and funding for Responsibility Authority to fulfill citizen data requests. d. There have been systems put in place to reach out to citizens on matters of concern to them. • GovDelivery e-mail has 1900 subscribers • 249 -CODE Hot Line to report City Code Enforcement complaints • Broadcast on Channel 16 of all City Commission meetings live from City Hall • Greater use of the Website to deliver news and documents to the public e. Other Citizen Involvement Actions • Re-establishment of the Housing Redevelopment Authority. HRA Board to guide the new code enforcement program. • Desoto Street Resident Committee formed to guide Street Reconstruction Program. • Kick off of the Community Emergency Response Team volunteer training program in August 2007 2 June 11, 2007 2. Policy Change: — The last year has seen an array of major policy changes completed. a. New Tree Ordinance b. New Alcoholic Beverage Ordinance c. New Right of Way Ordinance d. A new direction was set that Maplewood Community Center would be a self-sustaining entity and that new revenue would be generated from customers and MCC members not Maplewood taxpayers. e. Parks maintenance moves to Public Works to increase efficiencies in operation and reduce administrative overhead. f. Integration of the Nature Center and Open Space Programs into the City's environmental mission at Public Works to meet recycling goals, MPCA non -degradation requirements with regard to our storm water permit and citizen environmental education programs. g. Contracting for Phase One of the Conservation Easement Program to permanently protect the City's Open Spaces. h. Completion of the Gladstone Neighborhood Redevelopment Plan and a grant of $1.8 million to implement Phase I of the Plan. 3. Public Service Improvements have been the focus of all departments over the last year. a. Saturday hours for Passports and Drivers Licenses. b. Offsite service delivery of Passport services at AAA. c. Installation of an ATM machine at City Hall and the Community Center. d. Establishment of a City Code Enforcement Program with one step accountability for complaints to 249 -CODE. 3 P June 11, 2007 e. New EMS Billing System f. Electronic Business Licensing systems to be fully operational in August 2007. g. Creation of 12 major programs at the Maplewood Community Center. • Bridal Boot Camp • Groom Be Fit • Smart Women • TeenFit • Walk to New Orleans • Basketball Camp • Floor Hockey • Youth Activity Club for After School. • Ballroom Dancing/Salsa Dancing Lessons • Zumba Body/mind Workout • Fall Adult Swim 4. Staffing a. Labor Contract for all but one unit has been agreed to within budget at a 3% annual wage increase over 2007 and 2008. b. The one unit in arbitration is the police patrol officers who are seeking a wage increase over 3%, 4.19%. Wages are the only issue not resolved. c. 2007 Medical Insurance had no premium increase due to an aggressive effort to contract with a new carrier to contain costs; savings approximately $240,000. 4 June 11, 2007 d. Maplewood Confidential and Supervisory Association, the City's newest bargaining unit, voted to unanimously approve an annual 3% increase in wages for 2007 and 2008 last week. e. The Police Department is now training 3 new officers. The department will hire 2 more police officers in 2007. f. The Fire Department hired two new full-time Firefighter/Paramedics for a full complement of 12 full-time Firefighters/Paramedics. g. 80 Pay -Per -Call Firefighters on duty today. • 12 Pay -Per -Call Firefighters added in 2006. • 14 Pay -Per -Call Firefighters added in 2007. h. Hired one full-time Code Enforcement Officer to staff the new program with the City's first full-time dedicated code enforcement officer. i. In 2006 there was one internal employee promotion. In 2007, there have been ten internal promotions to date. j. Certification of Commercial Plumbing Inspector on staff; savings of $40,000 over outside consultant. 5. City Facilities and Roads a. A major focus has been for staff to develop a Long Range Capital Maintenance Plan for the City. Such a plan did not exist and the City Council has supported this critical effort to care for our existing facilities. b. The 2007 Budget and the 2008-2012 Capital Improvement Plan fund the projects and the costs of taking care of City facilities and roads. c. The City Council deserves credit for moving some 2008 Street Reconstruction Projects into 2007 to take advantage 5 June 11, 2007 of significantly lower market prices. The Public Works Director and his Engineering staff have worked hard, directly with citizens, to make this multimillion dollar process go smoothly in each affected neighborhood. d. Bruentrup Farm Barn Improvements Scope of work is awaiting approval by the Minnesota State Architect for completion of work September 2007. 6. Finances — See the following page. 6 City of Maplewood, Minnesota General Fund Statement of Revenues, Expenditures, and Changes in Fund Balance December 31, 2006 2006 2005 Percent Percent Amended YTD Of Actual Amended YTD Of Actual Budget Actual To Budget Budget Actual To Budget Revenues: TAXES $10,279,910 $10,322,892 100.4% $ 9,341,570 $ 9,376,575 100.4% SPECIAL ASSESSMENTS 34,610 32,746 94.6% 38,650 56,998 147.5% LICENSES AND PERMITS 1,398,790 1,554,984 111.2% 1,541,410 1,575,557 102.2% FINES AND FORFEITS 206,210 196,089 95.1 % 188,030 184,084 97.9% INTcRGOVERNMENTAL 971,685 954,207 98.2% 933,760 897,779 96.1 % CHARGES FOR SERVICES 3,412,070 3,300,939 96.7% 3,282,980 3,276,884 99.8% INVESTMENT EARNINGS 132,300 266,540 201.5% 142,830 106,201 74.4% MISCELLANEOUS. 127,865 136,372 106.7% 142,195 174,426 122.7% Total revenues 16,563,440 16,764,769 101.2% 15,611,425 15,648,504 100.2% Expenditures: COMMUNITY DEVELOPMENT 1,356,250 1,345,793. 99.2% 1,244,955 1,238,779 99.5% EXECUTIVE 1,458,160 1,350,893 92.6% 1,246,910 1,213,138 97.3% FINANCE 659,460 646,446. 98.0% 646,970 644,657 99.6% FIRE 1,597,760 1,597,141 100.0% 1,650,730 1,611,607 97.6% HUMAN RESOURCE 371,320 355,981 95.9% 367,470 359,553 97.8% LEGISLATIVE 146,090 129,294 88.5% 143,660 117,887 82.1 % PARKS AND RECREATION 1,526,060 1,540,218 100.9% 1,588,495 1,592,944 100.3% POLICE 6,629,085 6,596,924 99.5% 6,533,625 6,483,191 99.2% PUBLIC WORKS 2,163,925 2,066,764 95.5% 2,068,940 2,049,580 99.1 % R.E.A.L. 767,175 749,110 97.6% 695,650 692,833 99.6 % Total expenditures 16,675,285 16,378,563 98.2% 16,187,405 16,004,168 98.9% Excess (deficit) of revenues over expenditures (111,845) 386,206 (345.3%) (575,980) (355,664) 61.7% Other financing sources (uses): TRANSFERS IN 90 90 100.0% 0 0 0.0% TRANSFERS OUT (50,520) (50,517) 100.0% 0 0 0.0% Total other financing sources (uses) (50,430) (50,427) 100.0% 0 0 0.0% Excess (deficit) of revenues over expenditures and other financing sources (uses) (162,275) 335,779 (206.9%) (575,980) (355,664) 61.7% Fund balance - beginning 5,906,733 5,977,888 101.2% 6,694,183 6,333,553 94.6% Fund balance - ending $ 5,744,458 $ 6,313,667 109.9% $ 6,118,203 $ 5,977,888 97.7% Norm = 100.0 % i' 9 � ` . � '�.•+ � 9�:St �a � Rrf i� �;r _m -'3'u #v��1 ,�•' Sz � ^ � _ �r`."5-- � z� irrY=�11�=ti ai _._ _ L"` �J 4 � -.. F• -r :. a 1 r d 1 I .T kelt s' �._ ,s�. l -_ V� a 5r4,ii-1_ �, , - - - - - - - - - - - 2 - - _ y a' Rv r , ILA RI.III :.. viai 7�kfl 1 _ s a 1 S US —R�s��l+� 4E' -R! �S!4liA �i5"r�� a� •�• — u u 1 NLRU1 12. Promotes gender balance among UT -H staff x 13. Promotes ethnic diversity among UT -H staff X Job Knowledge and Performance 14. Has appropriate knowledge to perform leadership role x 15. Acknowledges own mistakes and takes corrective action x 16. Is knowledgable about work/family - work/life related x policies and benefits. Interpersonal Skills 17. Is accessible x 18. Is sensitive to others' feelings and points of view x 19. Actively participates as a team member x 20. Seeks and considers my opinion on decisions affecting me x 21. Seeks to understand before rendering judgment x 22. Respects my abilities x 23. Deals with pressure and conflict positively x 24. Has a positive outlook on department, A&F & UT -H x Communication 25. Communicates clearly x 26. Encourages diversity of opinions x 27. Shares information openly with the team x 28. Is approachable on difficult subjects x Values 29. Is someone I trust x 30. Treats me with respect x 31. Supports team/department values x 32. Support institutional commitment to helping employees x appropriately balance work and family/personal responsibilities Mentoring and Performance Evaluation 33. Sets reasonable expectations on scope of work and goals X 34. Provides information I need to perform my duties X 35. Provides valuable counseling and insight into my work. X 36. Discusses my career and training opportunities X 37. Is a positive role model X 38. Is timely in conducting performance evaluations X 39. Evaluates my performance fairly X 40. Recognizes and rewards accomplishments X Overall Assessment Is someone I would choose to work for on a team again X REVIEW OF GREG COPELAND G: M The instructions on the review form I have used for this process indicates that I should rate the person on my own interaction on rumors or hearsay. These comments are an effort to detail the rating that I have given in each category. 1. The council as a whole has never met to discuss our visions for the future. Mr. Copeland has never asked me what I think of the future of the city and has never told me if he has any. 2. There has been no goal setting sessions with the full council. 3. I am thinking mostly of human resources here. We have people in charge of departments in which they have no background or education to guide them. He has out sourced the Human Resources Dept., the "super" department heads can not possilbily have enough time to do their best job in their area, he has wasted the knowledge and institutional knowledge of several people by reorganizing the out of a job. This action by the way has wasted both the city's money and staff time. Financially we are putting to much emphasis on the community center; the new CIP is gutting our parks project funding. 4. In viewing of the process no one seems to be empowered except Mr. Copeland. I have observed a couple exceptions but they are few and far between. 5. He certainly seeks new ways of doing things. So far some of those have generated law suits, some have inspired good people to leave, and some have helped to divide the council, so I do not believe they are good things. 6. From my prospective the majority of staff wants to do just what is required and keep themselves from standing out. 7. We have a problem with the Human Relations director, his action gets us sued. We have a problem with organizational structure, his action gets us sued, and we have a situation with union organization his actions get us sued. We have a problem with the Parks Dept., his action loses a 20 plus year manager. 8. The council struggles to do almost anything. Mr. Copeland has done nothing to remove these barriers, and seems to have decided that he is only interested in the views of the council majority. 9. The budget process for 2007 was poorly organized affair leaping from one thing to another always behind schedule. I just received a final copy of the budget on 6- 7-07. As a side bar the citizens did comment that they enjoyed all the meetings about the budget. 10. He has done this on several occasions. 11. I have no personal knowledge in this area. 12. This does not seem to be an issue. 13. This does not seem to be an issue. 14. As was shown in the background report Mr. Copeland has almost no qualifications or educational background or experience for the job he has been given. 15. I have not witnessed this occurring as a matter of fact I wrote an article on my website about a situation where he could have stepped in with the old "the buck stops here," but instead blamed the low person on the pole. 16. He rewrote several sections of the employee hand book. (The changes are a different topic) but I assume he must be somewhat familiar at this time. 17. Mr. Copeland's management style seems very top down. This type of approach tends to separate the staff into layers so that the further you are from the top the less you feel that you are able to approach those above you. From strictly my own experience I can go in and talk to him if I choose. 18. As mentioned above in a top down style there is little free exchange with most of the staff. I have been told by some staff that Mr. Copeland does not even know their names let -a lone what they feel about things. From my direct experience I can not recall Mr. Copeland ever asking me what my point of view was on an issue. 19. See the top down answers above. 20. From just my own interaction with Mr. Copeland this has not happened. 21. Same as above. 22. I have been given no reason to believe that this is true. 23. See #'s 7, 8 and 15. 24. I do not know what his out look is. 25. From my own experience and some direct input from others I do not believe the communication is a strong suit for Mr. Copeland. 26. See #'s 17, 18, and 19. 27. This does not happen on any type of regular basis. 28. Asked and answered several times above. 29. Mr. Copeland has not given me any reason to believe that I should trust him. The fact that he seems to only respond to the actions and input of the majority is the driving force for this thinking. 30. He seems on occasion to at least introduce me to others as a council person. As witnessed in my above answers I doubt that he has much respect for me. To be fair however and also witnessed in my answers I do not have much respect for him. I realize it is a two way street. 31. My answer reflects the decisions of the council majority I believe Mr. Copeland is a big supporter of their values. 32.1 have no knowledge to answer this question. 33. I think this is true in most cases. 34. It is way too common to receive information directly before the meeting at which we are expected to decide an issue or as in the case where we were supposed to ratify union agreements we were given no information. 35. This never happens. 36. He does forward training information to the council. 37. He is not. 3 8. I do not know. 39. There is no formal process for this and it has not happened informally. 40. He does in most cases make a point of getting the word out if the city or a staff member is recognized. T m P. 1 Communication Result Report ( Jul, 9, 2007 8:21AM ) * * * Fax Header) Date/Time: Jul. 9. 2007 8:20AM File Page No. Mode Destination Pg (s) Result Not Sent ---------------------------------------------------------------------------------------------------- 1415 Memory TX 8464328 P. 6 OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1) Hang u or 1 i n e f a i 1 E. 2) Busy E. 3) N o a n s w e rE. 4) N o f a c s i m i l e c o n n e c t i o n E.5) Exceeded max. E—mail size 111.1- scs.ns. ux cn Karen E. GuiNoDe, City Clerk Manager CRIzen Services (651) 249-2002 Phone (651) 249-2009 Fax karan.guilfbile@cl.maplemod.mn.us FACSIMILE TRANSMISSION COVER SHEET Date: TW -9I 2007 Number of Pages Including Cover: 6 Fax N v/6„ j/3R g ATTN: Councilmember Hjelle HANDLING INSTRUCTIONS: CONFIDENTIAL CALLRECIPIENT WHEN COMPLETED HIGH PRIORITY NORMAL PROCESSING Attached is the "evaluation" of Mr. Copeland that was submitted by Councilmember Rossbach at the June 11, 2007 council meeting. Please let me know if you need any additional information. See you this evening) Karen IF FOUEXPERIENCEPROBLEAa OR DO 1,'0rRECEIPE4L PAGFSLjsTE0, GAL 651-249-2000. ��^My CrrY OF MAnXWOOD 01830 E. COUNTY ROAD B a MAPLEWOOD, MN '55109 NJ� ^