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Home My WebLink About03-26-20070 B A Q E. F MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m. Monday, March 26, 2007 Council Chambers, City Hall Meeting No. 07-06 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember APPROVAL OF AGENDA The agenda was amended as follows: M1 Environmental Activities M2 Dispatch Policy M3 Rush Line Corridor M4 Locate Task Force Meeting M5 Property Taxes Present Present Present Present Present Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes -all APPROVAL OF MINUTES Minutes from the March 12, 2007 City Council Meeting Councilmember Cave moved to approve the March 12, 2007 City Council Meeting Minutes as amended. Seconded by Mayor Longrie Ayes -all VISITOR PRESENTATIONS 1. Greg Felbrig, Mayor of Landfall, along with Landfall Councilmember Ron Dick, thanked Chief Lukin and crew for an excellent job with the March 8 fire and also informed the council of a fundraiser for the family on April 21. 2. Ron Cockriel, 943 Century Avenue, spoke regarding the activation of National Guard troops and also reported on the National Preservation Conference in October. March 26, 2007 City Council Meeting 3. Dave Schilling, 1955 Greenbrier Street, spoke regarding the Maplewood article in City Pages magazine. 4. Christine Stone, 2727 Hazelwood St., spoke regarding various city political topics. 5. Dave Hafner, 1037 Marnie Street, complimented the council on their direction and the cable airing of all meetings. 6. Bill Kayser, 6408 81St Avenue North, Brooklyn Park, spoke regarding the Applewood property. 7. Nancy Lazaryan, 10734 West Lake Road, Rice, spoke regarding pending legal issues with the city. 8. Jamie Jensen, 2483 15th Street N.W., New Brighton, spoke regarding the moratorium in south Maplewood. 9. Dale Trippler, 1201 Junction Avenue, spoke in response to Councilmember Hjelle's comments on Mr. Trippler's application to the Environmental Committee and city politics. 10. Bob Zick, 2515 White Bear Avenue, commended the council for fulfilling campaign promises and asked for a copy of information alleging "Mr. Zick calling the city attorney a liar." 11. Mike Kline, 1778 Desoto Street, gave council members copies of a statement and petition relating to the Desoto/Skillman area street improvement project. G. APPOINTMENTS/PRESENTATIONS Resolution of Appreciation — Joel Schurke a. Senior Planner Ekstrand presented the report. Councilmember Rossbach moved to adopt the following resolution: RESOLUTION 07-03-032 RESOLUTION OF APPRECIATION WHEREAS, Joel Schurke has been a member of the Maplewood Community Design Review Board for one year, since February 13, 2006, until February 13, 2007, and has served faithfully in that capacity; and WHEREAS, the Community Design Review Board has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Schurke has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Schurke has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Joel Schurke is hereby extended our gratitude and appreciation for his dedicated service. Councilmember Cave seconded Ayes -all March 26, 2007 City Council Meeting 2 H 2. 2006 Community Design Review Board Annual Report a. Linda Olson, Chairperson of the Community Design Review Board, presented the report. 3. Presentation — Highway 36 Closure — Chuck Ahl, Public Works Director a. City Engineer Ahl presented a project update on Highway 36 closure. PUBLIC HEARINGS Brookview Area Street Improvements, City Project 07-01 ■ Public Hearing 8:30 p.m. ■ Resolution ordering improvement after public hearing (4 votes) a. Engineer Laberee presented the report. (1) Dick Johnson, 207 N. O'Day St., spoke regarding driveway improvements. (2) Joyce Korba, 2667 Brookview Dr., was present but did not speak. (3) Florence Korba, 2659 Brookview Dr., was present but did not speak. (4) Joseph Korba, 2659 Brookview Dr., questioned curb and driveway lengths. (5) Mary & Donna Plan, 2641 Brookview Dr., were present but did not speak. (6) Christine M. Stone, 2727 Hazelwood St., did not address the council. (7) Ken Wolfe, 203 Ferndale St., complimented staff on the presentation. (8) Metta Belisle, 2594 Brookview Dr., spoke in favor of this project. (9) John & Lois Blumer, 175 Crestview Dr., were present but did not speak. (10) Alvin Bierbahm, 222 Crestview Dr., was present but did not speak. (11) Sharon Elizondo, 2447 Brookview Dr., was present but did not speak. (12) Ron Schlangen, 130 Crestview Dr. requested a walkway on Hudson Place. (13) Donald Broske, 2474 Brookview Dr. suggested a walkway on Hudson Place with a gate into the park. (14) Don Disselkamp, 188 Crestview Dr. N., requested the western lane of Hudson Place be part of this project and that a berm be installed for noise reduction. (15) Nancy Adamson, 221 Brookview Ct., asked about school bus traffic. Councilmember Rossbach moved approval of the following resolution ordering the improvement of the Brookview Area Street Improvements, City Project 07-01: RESOLUTION 07-03-033 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 12th day of March, 2007, fixed a date for a council hearing on the proposed street improvements for the Brookview Area Street Improvements, City Project 07-01. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 26th, 2007, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: March 26, 2007 City Council Meeting 3 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Brookview Area Street Improvements, City Project 07-01. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 26th day of March 2007. 3. The city's consultant, SEH, is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $3,198,548 shall be established. The proposed financing plan is as follows: Financing Plan - Brookview Area Street Improvements GO Debt Service $ 902,375.00 28% MSA Funds - internal $ 500,000.00 16% MSA State Aid Bonds $ 290,064.00 9% Mn/DOT Berm cost -share $ 30,000.00 1% Special Assessments $ 830,709.00 26% Sanitary Sewer Fund $ 118,000.00 4% SPRWS $ - 0% Environmental Utility Fund $ 400,000.00 12% WAC Fund $ 97,400.00 3% Driveway Program $ 30,000.00 1% Total $ 3,198,548.00 100% Seconded by Councilmember Juenemann Ayes -all 2. Proposed Right of Way Ordinance — Second Reading — Adoption of Right of Way Ordinance a. Environmental Manager Konewko presented the report. The public hearing was opened at 8:58 p.m. (1) Colette Urick, Community Relations Manager representing Excel Energy spoke. (2) Bill Flynn addressed the council. There were no further comments. The public hearing was closed. Councilmember Cave moved second reading of the Right -of -Way Ordinance. Seconded by Councilmember Hjelle Ayes -all I. CONSENT AGENDA Councilmember Hjelle moved to adopt consent agenda items 1, 2, 6, 8, 10, 13 and 14. Seconded by Councilmember Juenemann Ayes -all Councilmember Juenemann moved to adopt consent agenda items 3, 4 and 5. March 26, 2007 City Council Meeting 4 Seconded by Councilmember Hjelle Ayes -all Councilmember Hjelle moved to adopt consent agenda item 7. Seconded by Councilmember Rossbach Ayes -all Councilmember Rossbach moved to adopt consent agenda item 9. Seconded by Councilmember Hjelle Ayes -all Councilmember Juenemann moved to adopt consent agenda item 11. Seconded by Mayor Longrie Ayes -all Councilmember Cave moved to table consent agenda item 12 until questions are answered and until a citizen group is formed from the citizens on the petition list presented to the city council and to find a solution to the small section of Desoto Street. Public Works Director AN responded to Mayor Longrie's questions regarding the council making changes to the proposed resolution at this point. He concurred on forming a citizens' committee to find a solution to the issues and then to add a change order or addendum before the contract is bid. Director AN clarified that the 26 -foot -wide road would save the oak trees, that there will be reinforced banking cutting back where the curbs are, and that he is not aware that there would be any major tree or shrubs being removed along the corridor. Councilmember Cave removed her previous motion and moved to approve the resolutions for the Desoto -Skillman Area Street Improvements. Citv Proiect 06-16 as follows: a. Approve Plans and Specifications and Advertise for Bids b. Order Preparation of the Assessment Roll C. Form a Citizen Committee from the street area south of Ripley and north of Larpenteur of all effected property owners with the knowledge that change orders can occur as a result of the Citizen Committee findings. Seconded by Councilmember Juenemann Ayes -all Approval of Claims ACCOUNTS PAYABLE: $ 57,315.39 Checks # 72228 thru # 72267 dated 03/13/07 $ 185,901.28 Disbursements via debits to checking account dated 03/02/07 thru 03/08/07 $ 362,895.23 Checks # 722668 thru # 72309 dated 03/20/07 $ 324,252.94 Disbursements via debits to checking account dated 03/09/07 thru 03/15/07 March 26, 2007 City Council Meeting 5 $ 930,364.84 Total Accounts Payable I:• $ 491,987.42 Payroll Checks and Direct Deposits dated 03/09/07 Payroll Deduction check # 1001566 thru # $ 2,802.49 1001568 dated 03/09/07 $ 494,789.91 Total Payroll $ 1,425,154.75 GRAND TOTAL 2. Resolution for Washington County Bank as Designated Depository Approved the following resolution: RESOLUTION 07-03-034 CORPORATE BANKING RESOLUTION RESOLVED, that the Washington County Bank, N.A. at any one or more of its offices or branches, be and is hereby designated as a depository for the funds of this Corporation, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of monies bearing the following appropriate number of signatures: Any three (3) of the following named officers or employees of the Corporation ("Agents") listed below. Diana Longrie, Mayor of City of Maplewood Greg Copeland, City Manager of City of Maplewood Robert Mittet, Finance and Administration Manager of City of Maplewood And that the Washington County Bank, N.A. shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED, that the Washington county Bank, N.A. is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with the Washington County Bank, N.A. bearing the signatures of its Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent's personal account, and the Washington County Bank, N.A. shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein, or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with the Washington County Bank, N.A., or for collection or discount by the Washington County Bank, N.A.; and to accept drafts and other items payable to the Washington County Bank, N.A. March 26, 2007 City Council Meeting 6 FURTHER RESOLVED, that the above named agents are authorized and empowered to execute such other agreements, including, but not limited to, special depository agreements and arrangements regarding the manner, conditions, or purposes for which funds, checks, or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. The other agreements and other acts may not be contrary to the provisions contained in this resolution. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been delivered to and received by the Washington County Bank, N.A. at each location where an account is maintained. The Washington County Bank, N.A. shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. 3. Update U. S. Bank Treasury Management Service Agreement Approved the updated U. S. Bank Treasury Management Service Agreement. 4. Update U. S. Bank Depository Services Resolution for Governmental Entities Approved the following resolution: RESOLUTION 07-03-035 DEPOSITORY SERVICES RESOLUTION FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME: City of Maplewood SUB TITLE: STREET ADDRESS 1830 County Road B East CITY STATE & ZIP Maplewood, MN 55109 CONTACT NAME: Finance Department FAX NUMBER: 651-249-2901 PHONE NUMBER: 651-249-2909 TAX IDENTIFICATION NUMBER: 41-6008920 I, Karen Guilfoile (name of certifying officer) do hereby certify that I am the City Clerk (title of certifying officer) of the above-named entity (therein called the "Depositor") a Municipality existing under the laws of the State of Minnesota and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly and properly called and held on the 26th day of March, 2007; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED, that U.S. Bank National Association is hereby designated as a depository of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorsed; and that any officer of the Depositor is hereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. March 26, 2007 City Council Meeting 7 RESOLVED, that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of a facsimile or mechanical signature or otherwise authorized, by any one of the individuals listed in the section entitled "Authorized Signers", and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person or persons signing or otherwise authorizing the same and including also those payable to the Bank or to any other person for application, or which are actually applied to the payment of any such indebtedness owing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the Depositor from time to time. RESOLVED, that the City Clerk (identify certifying officer by title) hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. RESOLVED, That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED, That any and all transactions by or on behalf of the Depositor with the Bank prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled "Authorized Signers". I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. I further certify that the Authorized Signers below are also hereby authorized to transact any and all other business with and through the Bank regarding this account, including, without limitation, treasury management services offered by Bank. Account Number: 104755879525 and 150080667150 Authorized Signers Name Title Signature Diana Longrie Mayor Greg Copeland City Manager March 26, 2007 City Council Meeting 8 Robert Mittet Finance and Administration Manager IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this day of 20 (Certifying Officer) or (Title) P] (Attest by one other officer) (Title) 5. Updating Resolution Regarding Tort Liability Coverage Limits Approved the following resolution: RESOLUTION 07-03-036 A RESOLUTION MAKING A SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04; and WHEREAS, the choices available are; to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council does hereby elect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04; and, that such election is effective until amended by further resolution of the Maplewood City Council. Adopted by the City Council of the City of Maplewood, Minnesota at a regular meeting held March 26, 2007. ATTEST: Karen E. Guilfoile, City Clerk Diana Longrie, Mayor 6. Approval of Payment of Contract -Peter Frank -Youth Basketball League Approved the contract amount of $6,000. March 26, 2007 City Council Meeting 9 7. Authorization to purchase new pickup truck for Code Enforcement Approved to enter into the State Contract 436606 with Nelson Dodge -GMC for the purchase of one 2007 GMC Canyon for $16,680.70. 8. Donation to Landfall Cops N Kids Fishing Clinic Accepted and make necessary budget adjustments of the donation from Saturn of Saint Paul for the annual Landfall Cops N Kids Fishing Clinic. 9. Adoption Rush Line Joint Powers Agreement Adopted the Rush Line Joint Powers Agreement 10. Rainbow/Mapleridge Driveway Improvements, City Project 07-03, Resolution receiving preliminary report and calling public hearing for April 23, 2007. Approved the following resolution: RESOLUTION 07-03-037 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted February 14, 2007, a report has been prepared by the city engineering division with reference to the improvement of the Rainbow Foods / Maple Ridge Driveway, City Project 07-03, and this report was received by the council on March 26, 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, M I N N ESOTA: 1. The council will consider the street improvement of the Rainbow Foods / Maple Ridge Driveway 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 $17,760. 2. A public hearing shall be held on such proposed improvement on the 23rd day of April, 2007 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 11. Approval of 2006 Annual Recycling Report Approved the 2006 Annual Recycling Report. 12. Desoto Skillman Area Streets, City Project 06.16 (i) Resolution approving final plans and specifications and authorizing advertisement for bids (ii) Resolution authorizing preparation of assessment roll March 26, 2007 City Council Meeting 10 Approved the following resolutions: RESOLUTION 07-03-038 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on January 8th, 2007, plans and specifications for the Desoto -Skillman Area Street Improvements, City Project 06-16, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 27th day of April, 2007, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 14th, 2007. 4. The city engineer and/or assigned staff shall meet with the neighborhood committee formed by the residents south of Roselawn Avenue, north of Larpenteur Avenue, along Desoto Street to reach a consensus regarding the new width of Desoto Street and the removal of any trees as part of the Desoto Skillman Area Street Improvements. RESOLUTION 07-03-039 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the city clerk and city engineer will receive bids for the Desoto -Skillman Area Street Improvements, City Project 06-16. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. March 26, 2007 City Council Meeting 11 13. Purchase of Bituminous Materials Authorized the street superintendent to purchase the necessary bituminous materials up to a maximum of $35,000 as needed to perform street maintenance. 14. Authorization to Pay Invoice for K-9 Car Set Up Authorized payment of invoice for the buildup of the new K-9 squad. J. AWARD OF BIDS None K. UNFINISHED BUSINESS Approve increase in pension benefit for Maplewood Fire Fighters Relief Association, Inc. a. Finance & Administration Manager Mittet presented the report. b. Ed Fitzgerald, President of the Fire Fighters Relief Association spoke. C. Ed Dietz, Treasurer of the Fire Fighter Relief Association spoke. Councilmember Cave moved to approve the bylaw change increasing the benefit level to $4,500. Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Juenemann, Rossbach, Cave Abstention-Councilmember Hjelle A 10 -minute break was taken. L. NEW BUSINESS Resolution of City Support for HUD Grant — NHHI, Inc. a. Senior Planner Ekstrand presented the report. b. Mike Bjerkesett, president of NHHI, addressed the council. Councilmember Rossbach moved adoption of the following resolution showing the city's support for NHHI, Inc. in their application to HUD for development -grant funding. RESOLUTION 07-03-040 RESOLUTION OF SUPPORT FOR HUD FINANCING REQUEST WHEREAS, NHHI, Inc., has requested that the Maplewood City Council support their request for HUD Section 202 Program grant monies by this resolution of support; WHEREAS, this property is located south of County Road C and west of White Bear Avenue behind the businesses that front on those streets. This property is legally described as follows: PARCEL #1: THE SOUTH 75 FEET OF THE NORTH 455 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION II, TOWNSHIP 23, RANGE 22, WHICH LIES WESTERLY OF WHITE BEAR AVENUE. PARCEL #2: THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION II, TOWNSHIP 29 NORTH, RANGE 22 WEST, RAMSEY COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: March 26, 2007 City Council Meeting 12 COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WEST, ASSUMED BEARING, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 170.00 FEET TO THE WEST LINE OF THE EAST 170.00 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 00 MINUTES 08 SECONDS EAST ALONG SAID WEST LINE 225.00 FEET TO THE SOUTH LINE OF THE NORTH 225.00 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE EAST ALONG SAID SOUTH LINE 170.00 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 00 MINUTES 08 SECONDS EAST ALONG SAID WEST LINE 429.00 FEET TO THE SOUTH LINE OF THE NORTH 654.00 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE 396.50 FEET TO THE WEST LINE OF THE EAST 396.50 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 08 SECONDS WEST ALONG SAID WEST LINE 321.00 FEET TO THE SOUTH LINE OF THE NORTH 333.00 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE EAST ALONG SAID SOUTH LINE 166.50 FEET TO THE WEST LINE OF THE EAST 230.00 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 08 SECONDS WEST ALONG SAID WEST LINE 333.00 FEET TO SAID NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE EAST ALONG SAID NORTH LINE 60.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the Maplewood City Council understands that NHHI, Inc., will be formally submitting the necessary development applications to the City of Maplewood for their proposed 54 -unit seniors - housing development and that the submittal plans and documents shall be subject to their review and approval; WHEREAS, the Maplewood City Council support of this request does not commit the city to any future approvals for this project. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby supports the application for HUD Section 202 grant monies by NHHI, Inc. Seconded by Mayor Longrie Ayes -all 2. Ramsey County Correctional Facility (297 Century Avenue South) a. Conditional Use Permit b. Design Approval (1) Senior Planner Ekstrand presented the report. (2) Bruce Thompson, Asst. Director, Ramsey County Property Management Office introduced Al Carlson, superintendent of the correctional facility; Mark Lugadis and Dan Lotinger of BWBR Architects; Jessica Collin Pilarski of Loucks Assoc.; and Jay Biedny, project manager from Ramsey County. Mr. Thompson addressed the council. (3) Lorraine Fischer of the Planning Commission presented the commission's findings. (4) Linda Olson from the Community Design Review Board presented the review board's findings. Councilmember Hjelle moved adoption of the following resolution approving a conditional use permit for the expansion of the Ramsev Countv Correctional Facilitv located at 297 Century Avenue South March 26, 2007 City Council Meeting 13 RESOLUTION 07-03-041 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ramsey County applied for a conditional use permit for the expansion of the Ramsey County Correctional Facility. WHEREAS, Section 44-1092(1) of the city ordinances requires a conditional use permit for any public service or public building use. WHEREAS, this permit applies to the property located at 297 Century Avenue South. The legal description is: EX PART SWLY OF NEWAFTON ROAD; N Y2 OF NE'/4 & EX CRESTVIEW, PART NE OF AFTON RD OF SW'/4 OF NE'/4 & SE'/4 OF NE'/4 & NE'/4 OF SE '/4 (SUBJ TO RDS & PIPE LINE ESMT) IN SEC 12 TN 28 RN 22. WHEREAS, the history of this conditional use permit is as follows: 1. On March 6, 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 everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On March 26, 2007, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. 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. March 26, 2007 City Council Meeting 14 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 the community development department may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. Comply with all requirements of the city's assistant fire chief, police department, engineering department and building official as stated in the staff report. 5. The applicant shall remove the existing temporary office building as part of this facility expansion. 6. Site lights shall be designed so the light source is not visible off site, shall not cause any glare beyond the property lines and not exceed maximum light -intensity requirements of the city ordinance. 7. The expansion to the south end of the parking lot shall be installed with the proposed building expansion. 8. The future driveway to Century Avenue is approved as proposed and is expected to be built in 2009. The existing northerly driveway must then be removed and this area restored as lawn. 9. The location of the future garages behind the building is approved. The applicant must submit the design of these buildings to the community design review board for approval before construction. The Maplewood City Council approved this resolution on March 26, 2007. Seconded by Councilmember Cave Ayes -all Councilmember Hjelle moved design approval for the plans date-stamped February 5, 2007 for the expansion of the Ramsey County Correctional facility at 297 Century Avenue South. Approval is subject to the applicant complying with the following requirements. 1. Repeat this review in two years if the city has not issued a permit for this project. 2. Before getting a building permit, the applicant shall obtain a conditional use permit for the proposed expansion. 3. The applicant shall remove the temporary office building as part of this facility expansion. March 26, 2007 City Council Meeting 15 4. Before getting a building permit, the applicant shall submit a revised photometric plan showing that all new freestanding lights maintain a height of 25 feet or less as measured from ground grade to the top of the lumen. 5. Before getting a building permit, the applicant shall submit a revised grading and drainage plan which addresses all the issues spelled out in the city engineering review dated March 7, 2007. 6. The expansion to the south end of the parking lot shall be installed with the proposed building expansion. 7. The location of the future garages behind the building is approved. The applicant must submit the design of these buildings to the community design review board for approval before construction. 8. Before getting a building permit, the applicant shall submit a revised landscape plan showing the caliper inches of the trees to be replaced. The plan must reflect that the total caliper inches of trees replaced equals 25 as required by city code. 9. Any trash that is kept outside shall be kept in the rear of the building out of the public's sight as required by city code. 10. 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 city receives cash escrow or an irrevocable letter of credit for the required work. c. The amount shall be 150 percent of the cost of the unfinished work. 11. When the Ramsey County Public Works Department completes the relocation of the driveway, the row of trees and shrubs that are along the street frontage shall be further extended across the driveway opening when the existing driveway is removed. 12. All work shall follow the approved plans. Staff may approve minor changes. Seconded by Mayor Longrie Ayes -all Mayor Longrie moved to extend the city council meeting until all agenda items are completed. Seconded by Councilmember Cave Ayes -Mayor Longrie, Councilmembers Cave, Hjelle, Rossbach Nay-Councilmember Juenemann 3. Gladstone Area Redevelopment, City Project 04-21, Review of Alternative Area Urban Review (AUAR) Mitigation Plan Comments and Approval of Resolution Authorizing Distribution for the purpose of considering final adoption of AUAR. a. Public Works Director AN presented the report. b. John Horn from Kimley Horn presented information on the AUAR. Councilmember Hjelle moved to approve the following resolution that authorizes staff to proceed with the distribution of the Mitigation Plan for the Alternative Urban Area -wide Review for the Gladstone Area Improvements, City Project 04-21. March 26, 2007 City Council Meeting 16 RESOLUTION 07-03-042 A RESOLUTION APPROVING DISTRIBUTION FOR PUBLIC COMMENT OF A DRAFT MITIGATION PLAN FOR ALTERNATIVE URBAN AREA -WIDE REVIEW DOCUMENT AND 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 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. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that the draft AUAR Mitigation Plan document for the Gladstone Area Redevelopment Master Plan be distributed for public comment and shall be distributed to all individuals and agencies who supplied comments and responses to the AUAR. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 26th DAY OF MARCH 2007. Seconded by Mayor Longrie Ayes -all 4. Gladstone Area Redevelopment, City Project 04.21, Consider approval of grant request to Minnesota Pollution Control Agency for Investigation of Savanna Contamination a. Public Works Director Ahl presented the report. Councilmember Hjelle moved to approve this grant request to Minnesota Pollution Control Agency for Investigation of Savanna Contamination. Seconded by Councilmember Juenemann Ayes -all M. COUNCIL PRESENTATIONS Environmental Activities Councilmember Juenemann reported that Spring Cleanup Day at Aldrich Arena and also Arbor and Environmental Day at the Maplewood Nature Center will be held Saturday, April 28, and that Water Fest will be held this year on May 19 at Phalen Park. March 26, 2007 City Council Meeting 17 2. Dispatch Policy Councilmember Juenemann reported that she attended the Dispatch Policy Committee meeting and that they are still trying to fill the positions to staff the new consolidated dispatch center and are continuing to work on the building interior. 3. Councilmember Cave reported a time change for the 50th Anniversary Celebration 3M concert on April 1. 4. Locate Task Force Councilmember Rossbach reported on the meeting of the Locate Task Force regarding the Union Depot. 5. Property Taxes Councilmember Hjelle spoke regarding a previous mayor who has delinquent property taxes. N. ADMINISTRATIVE PRESENTATIONS Action by City Attorney to Abate a Public Nuisance at 1799 Edgerton Avenue City Attorney Kantrud reported on this issue and the city's legal action taken, with legal action taken by the county as well. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:35 p.m. March 26, 2007 City Council Meeting 18 City of Maplewood Street Replacement Program State of the City's Streets • From January 8t11: — Street network value is estimated at $106,000.000 at time of construction — This is only the current value; replacement value is $235.000.000. — The City has just over 132 miles of streets it has jurisdiction over. • Is funding adequate to maintain the investment? — Tonight we will review a proposal for the nest 5-6 years. — There is not enough information to make a decision tonight. — Budget considerations will dictate how the Council invests in street improvement projects. Street Reconstruction • Current cost of replacement in Maplewood is $1.78 Million per mile. • MnDOT Highway Construction Index: —12.8% increase from 2004 to 2005 —17.4% increase from 2005 to 2006 • At that rate, roads will increase in cost to replace by 30+% every two years. • Maplewood CIP assumed 3.0% per year. 1 Y' h - - r� WIN or 1. TI!.. J P 1 � I ■n ■ * —— '__ - — o as LL ■ ■ i �rw�n fJ � ■P■if _ .: sa'' dm - �- �■ wiI 4 v PM - ---Lac�- aw II II m! •hal - S ? S, 4 w i k II z- Options for Improvement Program • Increase Program by $46,000 per year - Increase of annual debt service levy to $240,000 annual increase. • Maintain Program at current levels. - Requires annual debt service levy to increase by $194,000 each year. • Attempt to hold Debt Service at current levels. - Cancels plan for $194,000 increase in debt levy. - Current CIP from 2005 plan has been published to residents. 3 E- Increased Program = 2008 • Ferndale/Geranium Area: $1,200,000 • Myrtle/Sterling/Idaho: $1,170,000 • Lark/Prosperity Area: $2,660,000 • Pond/Dorland: $ 300,000 • TOTAL for 2008: $5,330,000* • 2008/09: $1,320,000 — White Bear Ave (Radatz to D) $2,500,000 — Century Ave (Brookview to Lake) $ 500,000 • * - Debt service increase is $240,000 Increased Program = 2009 • Beam Ave $ 900,000 • Cty Rd D (Southlawn to WBA) $2,270,000 • Carsgrove Meadows Area $1,360,000 • Cty Rd C Area $2,970,000 • Edgerton/Roselawn Drainage $ 740,000 • Kohlman Lane $1,320,000 • Total for 2009 $9,562,000 Increased Program = 2010 • Holloway Ave $1,160,000 • Stanich Highlands Area $1,640,000 • Hills and Dales Area $2,970,000 • Hazelwood Street (Frost to Cope) $3,410,000 • Total for 2010 $10,390,000 E Increased Program = 2011 • Beebe Road $ 630,000 • Western Hills/Larpenteur Area $4,990,000 • Cty Rd D (McKnight to Lydia) $2,890,000 • Schadt/Sterling Area $1,870,000 • Total for 2011 $10,380,000 Increased Program = 2012 • Castle Avenue $1,990,000 • Highpoint/CrestviewArea $1,090,000 • Bartelmy/Meyer Area $1,870,000 • Howard/Ripley Area $1,240,000 • Hillwood/CrestivewArea $1,830,000 • Ferndale/Ivy Area $1,750,000 • Total for 2012 $9,770,000 Increased Program = 2013 • Montana/Nebraska $2,740,000 • O'Day/Mary Area $1,320,000 • Farrell/Ferndale Area $3,010,000 • Dennis/McClelland Area $2,400,000 • Upper Afton Road $1,790,000 • Total for 2013 $11,260,000 n Impacts of Increased Program • 2008 Budget: add $194,000 to Debt Levy • 2009 Budget: add $240,000 to Debt Levy • 2010 Budget: add $240,000 to Debt Levy • 2011 Budget: add $240,000 to Debt Levy • 2012 Budget: add $240,000 to Debt Levy • 2013 Budget: add $240,000 to Debt Levy • ` - $194,000 in 2007 was a 1.3% increase in the overall levy. Current CIP Plan Impacts on Increased Program • 2008 • Ferndale/Geranium Area: 2008 • Myrtle/Sterling/Idaho: Delay to 2009 • Lark/Prosperity Area: 2008 • Pond/Dorland: Delay to 2009 Current CIP Plan Impacts on Increased Program • 2009 • Beam Ave Delay to 2010 • Cty Rd D (Southlawn to WBA) 2009 • Carsgrove Meadows Area Delay to 2010 • Cty Rd C Area 2009 • Edgerton/Roselawn Drainage 2009 • Kohlman Lane 2009 FA 0 ir �:I.�■firrJ. ■-� ev a+� 7FiL� 1 Current CIP Plan Impacts on Increased Program • 2013 • Montana/Nebraska Delay to 2015 • O'Day/Mary Area Delay to 2015 • Farrell/Ferndale Area Delay to 2016 • Dennis/McClelland Area Delay to 2016 • Upper Afton Road Delay to 2016 Reduced CIP Plan Impacts on Increased Program • 2008 • Ferndale/Geranium Area: 2008 • Myrtle/Sterling/Idaho: Delay to 2009 • Lark/Prosperity Area: 2008 • Pond/Dorland: Delay to 2009 Reduced CIP Plan Impacts on Increased Program • 2009 • Beam Ave Delay to 2010 • Cty Rd D (Southlawn to WBA) Delay to 2010 • Carsgrove Meadows Area Delay to 2010 • Cty Rd C Area Delay to 2010 • Edgerton/Roselawn Drainage Delay to 2010 • Kohlman Lane 2009 we A RESOLUTION MAKING A SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04; and WHEREAS, the choices available are; to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council does hereby elect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04; and, that such election is effective until amended by further resolution of the Maplewood City Council. Adopted by the City Council of the City of Maplewood, Minnesota at a regular meeting held March 26, 2007. ATTEST: Karen E. Guilfoile, City Clerk P:\WORDWGN\INS-Waive Stat Tort Limits.doc Diana Longrie, Mayor