HomeMy WebLinkAbout08-28-2006Q
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, August 28, 2006
Council Chambers, City Hall
Meeting No. 06-22
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at
7:10 P.M. 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
M1. Jacob Wetterling
M2. Crestview Townhome Association
M3. South Leg Meeting
M4. Carver Sewer Repair Update
Present
Present
Present
Present
Present
Mayor Longrie moved to approve the agenda as amended.
Seconded by Councilmember Hjelle
APPROVAL OF MINUTES
Ayes -All
Minutes from the August 14, 2006 Council/Manager Workshop
Councilmember Juenemann moved to approve the minutes from the August 14, 2006
Council/Manager Workshop as presented.
Seconded by Councilmember Hjelle
Ayes -All
2. Minutes from the August 14, 2006 City Council Meeting
Councilmember Juenemann moved to approve the minutes from the August 14, 2006
Council/Manager Workshop as amended.
Seconded by Councilmember Cave
VISITOR PRESENTATIONS
Ayes -All
Nancy Lazaryan, 10734 West Lake Road, Rice, readdressed questions she posed at the
August 14th City Council Meeting.
2. Elizabeth Sletten, 804 Village Parkway, Circle Pines, questioned when she will be notified or
begin receiving the data practices request she submitted in June.
City Council Meeting 08-28-06
3. Joe Keller, 1655 Harris Avenue East, Maplewood, submitted a No Parking/Stop Sign Petition.
4. William Kayser, 6408 81St Avenue, Brooklyn Park, commented on a Maplewood property and a
data practices request.
G. APPOINTMENTS/PRESENTATIONS
1. Appointments to the Historical Preservation Commission
a. Mayor Longrie presented the report.
Mayor Longrie moved to appoint Ron Cockriel and Al Galbraith to the Historical Preservation
Commission.
Seconded by Councilmember Cave Ayes -All
H. PUBLIC HEARINGS
Kenwood Curb Assessment, City Project 05-16
Assessment Hearing
Approve Resolution for Adoption of Assessment Roll
a. Environmental Manager Konewko presented the report.
b. Mayor Longrie opened the public hearing (8:00 p.m.), calling for proponents or
opponents. The following persons were heard:
None
C. Mayor Longrie closed the public hearing.
Councilmember Rossbach moved to adopt the following resolution for the adoption of the
assessment roll for the Kenwood Curb Assessment. Citv Proiect 05-16. less all obiections
received within the staff repot and all objections received at the Assessment hearing. Any filed
objections will be referred to the staff for review with recommendation to the City Council on
September 11, 2006:
RESOLUTION 06-08-104
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on August 28th, 2006,
calling for a Public Hearing, the assessment roll for the Kenwood Area Street Improvements,
City Project 05-16, 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:
As of August 18, 2006, staff has received no written objections to the proposed
assessments.
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, as noted above, along with any and all objections filed at the Assessment Hearing,
and report to the City Council at the regular meeting on September 11th, 2006, as to their
City Council Meeting 08-28-06
recommendations for adjustments.
2. The assessment roll for the Kenwood Area Street Improvements as amended,
without those property owners' assessments that have filed objections, a copy of which is
attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall
constitute the special assessment against the lands named therein, and each tract of land
therein included is hereby found to be benefited by the proposed improvement in the amount of
the assessment levied against it.
3. Such assessments shall be payable in equal annual installments extending over a
period of 15 years, the first installments to be payable on or before the first Monday in January
2007 and shall bear interest at the rate of 5.9 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, 2006. 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 November 1, 2006, 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 November 1, 2006, 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 November 1, 2006, but no later
than November 15, 2006, 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.
Seconded by Councilmember Juenemann Ayes -All
2. Cottagewood Subdivision Public Improvements, City Project 06-10
Public Hearing 7:10 pm
Cottagewood Town Houses (2666 Highwood Avenue)
Conditional Use Permit for Planned Unit Development Revision
Preliminary Plat
Resolution Ordering Improvement (4 votes)
a. Environmental Manager Konewko presented the public improvement report.
b. Civil Engineer Kummer provided further specifics from the report.
C. Commissioner Pearson presented the Planning Commission report.
d. Planner Roberts presented the project approval report.
e. Phil Soby, the applicant, 200 East Chestnut Street, Stillwater, was present for council
questions.
Mayor Longrie opened the public hearing (9:03 p.m.), calling for proponents or
opponents. The following persons were heard:
Kip Johnson, Project Engineer for the Developer
Chris Gerke, 2660 Highwood Avenue East, Maplewood
Sharon Soby, Realtor and applicants wife
City Council Meeting 08-28-06
g. Mayor Longrie closed the public hearing
Councilmember Cave moved to approve the following resolution. This resolution approves a
conditional use permit revision for a planned unit development for the property at 2666
Highwood Avenue to be known as Cottagewood. This site is on the south side of Highwood
Avenue. east of Dennis Street. The citv bases this approval on the findinas reauired by code:
CONDITIONAL USE PERMIT REVISION RESOLUTION 06-08-105
WHEREAS, Mr. Phil Soby, representing the project developers, applied for a conditional use
permit (CUP) revision for the Cottagewood residential planned unit development (PUD).
WHEREAS, this permit applies to the Cottagewood town house development plan the city
received on July 7, 2006 for the property at 2666 Highwood Avenue. The legal description is:
Subject to State TH 100/117 and HWY 393, the north 1100 feet of the West 173 feet of the East
198 feet of the West Y2 of the NE'/4 of the SE'/4 of Section 13, Township 28, Range 22,
Ramsey County, Minnesota. (This is the property to be known as Lots 1-15 of the proposed
Cottagewood)
WHEREAS, the history of this conditional use permit is as follows:
1. On August 7, 2006, 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.
2. On August 28, 2006, the city council discussed the proposed conditional use permit.
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 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.
City Council Meeting 08-28-06
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:
1. All construction shall follow the plans for 4$ 15 detached town houses as approved by
the city. The city council may approve major changes to the plans. The Director of Community
Development may approve minor changes to the plans. Such changes shall include:
a. Revising the grading and site plans to show:
(1) The developer minimizing the loss or removal of natural vegetation.
(2) All driveways at least 20 feet wide. If the developer wants to have parking on one side of
the main driveway, then it must be at least 28 feet wide. However, widening of the driveway
must not lessen the side setback of the driveway from the east property line.
(3) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. Also,
review and possibly revise the parking spaces and the turn -around area at the south end of the
site to maximize the number of trees to be saved and to minimize the amount of hard surface
area.
(4) Revised storm water pond locations and designs as suggested or required by the
watershed district or city engineer. The ponds shall meet the city's design standards.
(5) The developer minimizing the loss or removal of natural vegetation including keeping
and protecting as many of the large trees in the undisturbed area south of the town houses and
parking areas.
2. The proposed construction must be substantially started within one year of council
approval or the permit shall end. The council may extend this deadline for one year.
3. Have the city engineer approve final construction and engineering plans. These plans shall
meet all the conditions and changes noted in the engineer's memo dated July 28, 2006. These
shall include:
,
dFiveway and parking Int p laRS
a. The grading, utility, drainage, erosion control, streets, trails, tree, retaining walls, driveway
and parking plans. This approval includes the design of the proposed private cul-de-sac.
b. Showing no grading or ground disturbance in the conservation easement. This land is to be
preserved for open space purposes. The developer and contractors shall protect this area,
including the large trees that are in and near the south side of the site, from encroachment from
equipment, grading or filling.
c. Include a storm water management plan for the proposal.
4. The design of all ponds shall meet Maplewood's design standards and shall be subject to the
approval of the city engineer. If needed, the developer shall be responsible for getting any off-
site pond and drainage easements.
5. The developer or contractor shall
City Council Meeting 08-28-06
a. Complete all grading for the site drainage and the ponds, complete all public improvements
and meet all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris or junk from the site, including the conservation area.
d Provide the city with verification that the town houses on the proposed site plan will meet the
state's noise standards. This shall be with a study, testing or other documentation. If the noise
on this site is a factor, then the contractor will have to build the town houses so that they can
meet the noise standards. This may be done with thicker walls, heavier windows, requiring air
conditioning or other sound -deadening construction methods. The developer shall provide the
city with this documentation before the city will issue a building permit for the town houses.
6. The approved setbacks for the principal structures in the Cottagewood PUD shall be:
a. Front -yard setback (from a public street or a private driveway): minimum - 20 feet, maximum
— 35 feet
b. Rear -yard setback: 12 feet from any adjacent residential property line
c. Side -yard setback (town houses): minimum of six feet from a side property line and at least 12
feet between units.
7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing
unit at the time of the building permit for each housing unit.
8. Submit the homeowner's association documents to city staff for review and approval.
9. The developer shall provide a permanent means to preserve and maintain the common open
space. This may be done by conservation easement, deed restrictions, covenants or public
dedication. The developer shall record this document with the final plat and before the city
issues a permit for grading or utility construction.
10. The city council shall review this permit in one year.
11. This approval does not include the design approval for the townhomes or any signs. The
project design plans, including architectural, signs, site, lighting, tree and landscaping plans,
shall be subject to review and approval of the community design review board (CDRB). The
projects shall be subject to the following conditions:
a. Meeting all conditions and changes as required by the city council.
b. For the driveways:
(1) Minimum width - 20 feet.
(2) Maximum width - 28 feet.
(3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides.
Driveways at least 28 feet wide may have parking on one side and shall be posted for No
Parking on one side.
c. Showing all changes required by the city as part of the conditional use permit for the planned
unit development (PUD).
City Council Meeting 08-28-06
12. The city shall not issue any building permits for construction on an outlot (per city code
requirements). The developer must record a final plat to create buildable lots in the preliminary
plat before the city will issue a building permit.
Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave, Hjelle,
and Juenemann
Nay -Council member Rossbach
Mayor Longrie moved to approve the Cottagewood preliminary plat (received by the city on July
7, 2006). The developer shall complete the following before the city council approves the final
plat:
1. Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage, complete all public improvements and meet all
city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Have Xcel Energy install Group V rate street lights in two locations - primarily at the street
intersection and near the south end of the driveway. The exact style and location shall be
subject to the city engineer's approval.
d. Pay the city for the cost of traffic -control, street identification and no parking signs.
e. Provide all required and necessary easements, including any off-site easements.
f. Demolish or remove the existing house and garage from the site, and remove all other
buildings, fencing, trailers, scrap metal, debris and junk from the site.
g. Cap and seal all wells on site that the owners are not using; remove septic systems or
drainfields, subject to Minnesota rules and guidelines.
h. Complete all the curb and gutter on Highwood Avenue on the north side of the site. This is to
replace the existing driveways on Highwood Avenue and shall include the restoration and
sodding of the boulevards.
i. Install a sign where the new driveway intersects Highwood Avenue indicating that it is a
private driveway.
j. Install survey monuments and signs along the edges of the conservation easement area.
These signs shall explain that the area beyond the signs is a conservation easement area and
that there shall be no building, fences, mowing, cutting, filling, dumping or other ground
disturbance in that area. The developer or contractor shall install these signs before the city
issues building permits in this plat.
2. Have the city engineer approve final construction and engineering plans. These plans shall
include grading, utility, drainage, erosion control, driveway, trail, tree, and street plans. The
plans shall meet all the conditions and changes listed in the memo from Michael Thompson
dated July 28, 2006, and shall meet the following conditions:
a. The erosion control plans shall be consistent with the city code.
b. The grading plan shall show:
(1) The proposed building pad elevation and contour information for each building site.
The lot lines on this plan shall follow the approved preliminary plat.
City Council Meeting 08-28-06
(2) Contour information for all the land that the construction will disturb.
(3) Building pads that reduce the grading on sites where the developer can save large
trees.
(4) The proposed street and driveway grades as allowed by the city engineer.
(5) All proposed slopes on the construction plans. The city engineer shall approve the
plans, specifications and management practices for any slopes steeper than 3:1. On
slopes steeper than 3:1, the developer shall prepare and implement a stabilization
and planting plan. At a minimum, the slopes shall be protected with wood -fiber
blanket, be seeded with a no -maintenance vegetation and be stabilized before the
city approves the final plat.
(6) All retaining walls on the plans. Any retaining walls taller than four feet require a
building permit from the city. The developer shall install a protective rail or fence on
top of any retaining wall that is taller than four feet.
(7) Sedimentation basins or ponds as required by the watershed board or by the city
engineer.
(8) No grading beyond the plat boundary without temporary grading easements from the
affected property owner(s).
(9) As little grading as possible west and south of the town houses. This is to keep as
many of the existing trees on the site as is reasonably possible.
c. The street, driveway and utility plans shall show:
(1) The driveway shall be a nine -ton design with a maximum grade of eight percent and the
maximum grade within 75 feet of the intersection at two percent.
(2) The street (driveway) with continuous concrete curb and gutter, except where the city
engineer determines that curbing is not necessary for drainage purposes.
(3) The removal of the unused driveways and the completion of the curb and gutter on the
south side of Highwood Avenue and the restoration and sodding of the boulevards.
(4) The coordination of the water main alignments and sizing with the standards and
requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow
requirements and hydrant locations shall be verified with the Maplewood Fire Department.
(5) All utility excavations located within the proposed right-of-ways or within easements.
The developer shall acquire easements for all utilities that would be outside the project area.
(6) The plan and profiles of the proposed utilities.
(7) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor
shall protect the outlets to prevent erosion.
(8) The minimum cul-de-sac size to meet the public safety needs while preserving as many
trees as possible.
d. The drainage plan shall ensure that there is no increase in the rate of storm water run-off
leaving the site above the current (predevelopment) levels. The developer's engineer shall:
City Council Meeting 08-28-06
(1) Verify inlet and pipe capacities.
(2) Submit drainage design calculations.
e.* The tree plan shall:
(1) Be approved, along with the landscaping, by the Community Design Review Board
(CDRB) before site grading or final plat approval.
(2) Show where the developer will remove, save or replace large trees. This plan shall
include an inventory of all existing large trees on the site.
(3) Show the size, species and location of the replacement and screening trees. The
deciduous trees shall be at least two and one half (2 %2) inches in diameter and shall be a mix of
red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees
shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and
other species.
(4) Show no tree removal in the buffer zones, conservation easement, or beyond the
approved grading and tree limits.
(5) Include for city staff a detailed tree planting plan and material list.
(6) Group the new trees together. These planting areas shall be:
(a) near the ponding areas
(b) on the slopes
(c) along the west side of the site to screen the proposed buildings from the homes
to the west
(7) Show the planting of at least 37 trees after the site grading is done.
3. Change the plat as follows:
a. Add drainage and utility easements as required by the city engineer. This shall include
showing a 20 -foot -wide drainage and utility easement along the north side of Lot 15.
b. Show drainage and utility easements along all property lines on the final plat. These
easements shall be ten feet wide along the front and rear property lines and five feet wide along
the side property lines.
c. Label the common areas as an outlot or as outlots.
d. If allowed, show the conservation easement on the final plat
4. Pay for costs related to the engineering department's review of the construction plans.
5. Secure and provide all required easements for the development including any off-site
drainage and utility easements. These shall include, but not be limited to, an easement for the
culvert draining the pond at the northwest corner of the plat.
6. The developer shall complete all grading for public improvements and overall site drainage.
The city engineer shall include in the developer's agreement any grading that the developer or
contractor has not completed before final plat approval.
7. Sign a developer's agreement with the city that guarantees that the developer or contractor
will:
City Council Meeting 08-28-06
a. Complete all grading for overall site drainage, complete all public improvements and meet
all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Provide for the repair of Highwood Avenue (street, curb and gutter and boulevard) after the
developer connects to the public utilities and builds the private driveway.
8. Record the following with the final plat:
a. All homeowner's association documents.
b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or
parcels in the plat that would create additional building sites.
c. A covenant or deed restriction that prohibits any additional driveways (besides the one new
driveway shown on the project plans) from going onto Highwood Avenue.
d. The conservation easement for the undisturbed area of the site.
The applicant shall submit the language for these dedications and restrictions to the city for
approval before recording. The city will not issue a building permit until after the developer has
recorded the final plat and these documents and covenants.
9* Submit the homeowners association bylaws and rules to the director of community
development. These are to assure that there will be one responsible party for the maintenance
of the common areas, outlots, private utilities, driveways, retaining walls and structures.
10. Obtain a permit from the Ramsey -Washington Metro Watershed District for grading.
11. If the developer decides to final plat part of the preliminary plat, the interim director of
community development may waive any conditions that do not apply to the final plat.
12. The developer shall complete all grading for public improvements and overall site
drainage. The city engineer shall include in the developer's agreement any grading that the
developer or contractor has not completed before final plat approval.
*The developer must complete these conditions before the city issues a grading permit or
approves the final plat.
Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave, Hjelle,
and Juenemann
Nay -Council member Rossbach
Councilmember Juenemann moved to adopt the following resolution ordering the improvement of
the Cottagewood Subdivision Public Improvements, City Project 06-10, after action is taken for the
private development (New Business) for which it would service:
RESOLUTION 06-8-106
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 14th day of August, 2006, fixed a date
for a council hearing on the proposed public improvements for the Cottagewood Subdivision,
City Project 06-10.
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AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held on August 28, 2006, and the council has heard all persons
desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the
City of Maplewood make public improvements to the proposed Cottagewood Subdivision
Development, City Project 06-10.
2. Pertaining to City Code Section 40-96 regarding requirement of connection to city sewer
within one year, a waiver is hereby given, due to special circumstances, to the following
addresses: 2692, 2670, 2684, and 2660 Highwood Avenue. Connection to the city sewer will be
required upon septic system failure.
3. Such improvement is hereby ordered as proposed in the council resolution adopted the 28th
day of August 2006.
4. The city engineer is designated engineer for this improvement and is hereby directed to
prepare final plans and specifications for the making of said improvement.
5. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. A project budget of $110,762.92 shall be
established. The proposed financing plan is as follows:
Developer assessments: $ 110,762.92 (100%)
Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave, Hjelle,
and Juenemann
Nay-Councilmember Rossbach
I. CONSENT AGENDA
Mayor Longrie moved to approve consent agenda items 1, 2, 5, 8, 9, 11.
Seconded by Councilmember Hjelle Ayes -All
Mayor Longrie moved to approve consent agenda item 3 with the condition that a
notice section is added to the document so the citv has to appropriate contact address for the
developer.
Seconded by Councilmember Juenemann Ayes -All
Mayor Longrie moved to approve the conditional use permit, agenda item 4 with the conditions
that school activities shall be completed by 6:00 p.m., litter will be picked up as needed, a
garbage can will be outside, the school will contain grades kindergarten through 5th grade with a
maximum of 60 students, and four evening events to go no later than 9:30 P.M.
Seconded by Councilmember Rossbach Ayes -All
Councilmember Hjelle moved to approve consent agenda item 6.
Seconded by Councilmember Cave Ayes -All
Councilmember Hjelle moved to approve consent agenda item 7.
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Seconded by Councilmember Cave Ayes -All
Councilmember Hjelle moved to approve consent agenda item 10.
Seconded by Councilmember Cave Ayes -All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 321,902.03 Checks # 70620 thru # 70666
dated 08/09/06 thru 08/15/06
$ 135,028.95 Disbursements via debits to checking account
dated 08/04/06 thru 08/10/06
$ 178,378.00 Checks # 70667 thru # 70714
dated 08/15/06 thru 08/22/06
$ 262,970.53 Disbursements via debits to checking account
dated 08/11/06 thru 08/15/06
$ 898,279.51 Total Accounts Payable
PAYROLL
$ 483,658.53 Payroll Checks and Direct Deposits dated 08/11/06
$ 2,305.25 Payroll Deduction check # 105892 thru # 105893
dated 08/11/06
$ 485,963.78 Total Payroll
$ 1,384,243.29 GRAND TOTAL
2. Authorization to Make Payment for Microsoft Enterprise Agreement Yearly Bill
Approved payment of the bill for the Microsoft Enterprise Agreement.
3. Comforts of Home, City Project 06-06,
Approve Developer's Agreement
Approve Storm Water Maintenance Agreement
Approved the Developer's Agreement and Storm Water Maintenance Agreement
between Comforts of Home, Inc. and the City of Maplewood.
4. Conditional Use Permit Review — Liberty Classical Academy (1717 English Street)
Planner Robert provided a brief staff report. Craig Votel, 1730 Atlantic Street, submitted
a petition to the city. Rebecca Hagstrom, Director of Liberty Classical Academy
addressed various neighbor complaints.
City Council Meeting 08-28-06 12
Mayor Longrie moved to approve the conditional use permit School activities shall be
completed by 6:00 p.m., litter will be picked up as needed, a garbage can will be outside,
the school will contain grades kindergarten through 5th grade with a maximum of 60
students, and four evening events no later than 9:30 p.m.
Seconded by Councilmember Rossbach Ayes -All
5. Alcohol Compliance Grant
Accepted the $1,620 alcohol compliance grant from the Alcohol and Gambling
Enforcement Division of the Minnesota Department of Public Safety.
6. Police Mutual Aid Agreement with Washington County
Approved the Police Mutual Aid Agreement with Washington County.
7. Buckthorn Removal
Awarded the low bid of $6,603 to Natural Resources Restoration for buckthorn and
honeysuckle removal to include cutting, herbicide treatment, hauling, stacking and
burning at Kohlman Creek Neighborhood Preserve with the monies allocated form the
open space budget.
8. Lawful Gambling — Pioneer Booster Club at Bleecher's 2220 White Bear Avenue
Adopted the following lawful gambling resolution application for the Pioneer Booster Club:
RESOLUTION 06-08-101
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
premises permit for lawful gambling is approved for the Pioneer Booster Club, to operate at
Bleechers Bar located at 2220 White Bear Avenue, 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, Minnesota, be forwarded to the Gambling Control Division for their approval.
9. Holy Redeemer Parish — Temporary Gambling Permit
Adopted the following resolution approving temporary gambling for Holy Redeemer
Church, 2555 Hazelwood Street on October 25, 2006:
RESOLUTION 06-08-102
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary permit for lawful gambling is approved for the Holy Redeemer Parish, 2555 Hazelwood
Street, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness
City Council Meeting 08-28-06 13
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 as being in compliance with
Minnesota Statute 349.213.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution by the City Council
of Maplewood, Minnesota be forwarded to the Gambling Control Division for their approval.
10. Maplewood Community Center Intoxicating Liquor License RFP
Adopted the request for proposal for liquor providers as outlined with the understanding that
the city council will be making a final selection at the October 23, 2006 City Council
Meeting.
11. Temporary Gambling —American Liver Foundation —Myth Night Club
Adopted the following resolution approving the temporary gambling for the American Liver
Foundation at the Myth Nightclub for on September 24th.
RESOLUTION APPROVING CHARITABLE GAMBLING 06-08-103
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary permit for lawful gambling is approved for the American Liver Foundation for use at
the Myth Night Club 3090 Southlawn Avenue, Maplewood, Minnesota on September 24, 2006.
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 as being in compliance
with Minnesota Statute 349.213.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution by the City
Council of Maplewood, Minnesota be forwarded to the Gambling Control Division for their
approval.
J. AWARD OF BIDS
Lift Station No. 18 Rehabilitation, City Project 05-29, Receive Bids and Award
Construction Contract
a. Environmental Manager Konewko presented the report.
b. Mark Jay, Jay Bros., Inc., was present for council questions.
Councilmember Hjelle moved to accept the low bid from Jay Brothers, Inc. in the amount of
$98,606.36 for the rehabilitation of lift station #18.
Seconded by Councilmember Juenemann Ayes -All
K. UNFINISHED BUSINESS
MnDOT Property at TH 5 and TH 120, City Project 03-20, Consider Approval of Letter of
Notice to ISD #622 of No Support for Bus Garage Relocation
a. Environmental Manager Konewko presented the report.
City Council Meeting 08-28-06 14
b. The Following persons were heard:
Kay Green, 2507 Knoll Circle, Maplewood, submitted a petition opposing the building of
a bus garage to council.
Barb Telser-Gadow, 2525 Knoll Circle, Maplewood
Mayor Longrie read the following email from Joe Fox, Ramsey County, into the record:
1 will not be able to attend your meeting on Monday night -I am one of the board of managers at
the Minnesota State Fair and it is impossible for me to be off of the grounds that evening. This
is just a very brief message to let you know that 1 would very much support your disapproval of
allowing the District 622 to move their bus garage to the site on Hgwy 120 and Hgwy 5. The
environmental impact to this area would be devastating to this wetland area if this type of
construction were allowed. 1 would appreciate your denial of their request. Maplewood
Resident — 1821 Myrtle Street Joe Fox
Councilmember Cave moved to adopt the following letter to Independent School District No.
622 indicating the Council's negative finding on relocating the bus garage facility to the MnDOT
Property at TH 5 and TH 120:
Draft
August 28, 2006
Members of School Board
Independent School District No. 622
2520 E 12th Avenue
North St. Paul, MN 55109
RE: Proposed Bus Garage Facility Relocation
Dear School Board Members:
We, the members of the Maplewood City Council, would like to acknowledge our full support for
the operations and financial planning of Independent School District No. 622. We have
common goals in the development of our communities and strongly agree on the programs
needed for the betterment of our youth within our area.
The Maplewood City Council has reviewed a number of proposals that your staff in cooperation
with the City of North St. Paul and MnDOT have developed over the past years for relocating
your bus garage facility to property within Maplewood. After careful consideration of each of
these proposals, we must inform you that it does not appear to us to be a reasonable request
that your facility be relocated within the city limits of Maplewood. We are currently struggling
with issues surrounding a bus facility on our western city limits. Given our knowledge of those
impacts on area residents along with the impacts on the environmental features at the TH 5 —
TH 120 site, it is our conclusion that a bus garage facility at this location is not supported by this
Council and we encourage you to abandon your efforts at this location. We intend to pursue
other concepts that include environmental features and wetland enhancement.
Thank you for your consideration. We look forward to our continued efforts in developing youth
programs in our community.
Sincerely,
CITY OF MAPLEWOOD
Mayor Longrie and the Maplewood City Council Members
City Council Meeting 08-28-06 15
Seconded by Councilmember Juenemann Ayes -All
L. NEW BUSINESS
Stop Sign and Parking Restriction Requests:
1715 Rosewood Ave S
Atlantic Street and Leland Rd/Junction Ave
Bush Ave and Meyer St N
Frank St and Edward St N
Mailand Rd E and Crestview/Highpoint Curve
a. Environmental Manager Konewko presented the report.
b. Engineer Kummer presented further specifics of the report.
C. The following persons were heard:
Connie Sarnel, 1205 Leland Road, Maplewood, submitted a petition
opposing the proposed removal of stop signs at the intersections of Atlantic Street with
Leland Road and Junction Avenue (two intersections).
Dale Trippler, 1201 Junction Avenue, Maplewood
Jerry Markie, 1247 Leland Road, Maplewood
Gerald Berreth, 785 Meyer Street, Maplewood
CouncilmemberJuenemann moved to approve the installation of a "no parking" stop sign along
the street in front of 1715 Rosewood Avenue.
Seconded by Councilmember Hjelle
Ayes -All
Councilmember Rossbach moved to deny the removal of two stop signs on Atlantic at Leland
and to approval the removal of two stop signs on Junction at Atlantic.
Seconded by Councilmember Juenemann Ayes -Mayor Longrie, Councilmembers
Hjelle, Juenemann, and Rossbach
Nay-Councilmember Cave
Councilmember Hjelle moved to approve the 4 -way stop condition at Bush and Meyer Street.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Hjelle moved to approve the 4 -way stop condition on Frank and Edward.
Seconded by Councilmember Juenemann Ayes -All
CouncilmemberJuenemann moved to deny a stop condition on Mailand Road at this time but
approved a traffic study by the city's consultant, to see if a stop condition is warranted on this
MSAS route. All MSAS routes are restricted to warrants.
Seconded by Councilmember Cave
Ayes -All
Councilmember Cave moved to continue the meeting until all agenda item are addressed.
Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers
Cave, and Rossbach
Nays-Councilmembers Hjelle and
Juenemann
City Council Meeting 08-28-06
16
11:30 p.m. - A ten minute break was taken.
Due to a prior obligation, Councilmember Hjelle left the meeting at 11:40 p.m.
2. Easement Vacation — Erickson (2699 Hazelwood Street)
a. Senior Planner Ekstrand presented the report.
Councilmember Cave moved to adopt the following resolution vacating the unneeded utility
easement for Ronald Erickson at 2699 Hazelwood Street and for Carol Henkes, at 2681
Hazelwood Street. Vacation is in the public interest since this easement serves no public
purpose:
EASEMENT VACATION RESOLUTION 06-08-107
WHEREAS, Mr. Ronald Erickson applied for the vacation of a 15 -foot -wide utility easement
on the south side of his property located at 2699 Hazelwood Street.
WHEREAS, the abutting property owner to the south, Ms. Carol Henkes at 2681 Hazelwood
Street, is also requesting the vacation of the adjacent 15 feet of utility easement on the north side
of her property.
WHEREAS, this easement is described as follows:
A permanent 30 foot easement for public utilities over, across and through that part of Lot 6,
Gardena Addition to wit: Said easement being described as: The south 30 feet of the north 190
feet of Lot 6, Gardena Addition, Ramsey County as recorded. Torrens Certificate No. 276056.
WHEREAS, on August 7, 2006, the planning commission held a public hearing. The city staff
published a notice in the Maplewood Review and sent a notice to the abutting property owners.
The planning commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission also considered reports and recommendations from the
city staff. The planning commission recommended that the city council approve this request.
WHEREAS, on August 28, 2006, the city council approved this request after considering the
recommendations of staff and the planning commission.
WHEREAS, after the city approves this vacation, the public interest in the property will go to
Mr. Erickson and Ms. Henkes.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacation because this utility easement is not needed and, therefore, would serve no public
purpose.
Seconded by Councilmember Rossbach Ayes -All
3. Hill -Murray School (2625 Larpenteur Avenue)
Conditional Use Permit Revision
Design Approval
a. Planner Roberts presented the report.
b. Commissioner Pearson presented the Planning Commission Report.
C. Boardmember Schurke presented the Design Review Board report.
City Council Meeting 08-28-06 17
d. Craig Rafferty, architect for Hill Murray school responded to council questions.
Councilmember Cave moved to adopt the following resolution approves revisions for the
conditional use permit for Hill -Murray school and athletic facilities at 2625 Larpenteur Avenue
East:
CONDITIONAL USE PERMIT REVISION RESOLUTION 06-08-108
WHEREAS, Hill -Murray High School requested that the city revise their existing conditional
use permit for a school and athletic facilities.
WHEREAS, this permit applies to the property at 2625 Larpenteur Avenue East. The legal
description is:
Part of the S %2 of the SE'/4 of S 13, T 29N, R22W, Ramsey County, MN (PIN 13-29-22-43-
0002)
WHEREAS, the history of this conditional use permit revision is as follows:
On August 7, 2006, 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.
2. On August 28, 2006, 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, because:
1. The use would be located, designed, maintained, constructed and operated to be inconformity
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 runoff, 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.
City Council Meeting 08-28-06 18
10. The city council may waive any of the above requirements for a public building or utility
structure, provided the council shall first make a determination that the balancing of public interest
between governmental units of the state would be best served by such waiver.
Approval is subject to the following conditions:
All construction shall follow the plans as noted below
a. For the athletic fields, follow the plans date-stamped March 6, 1998.
b. For the school and parking lot addition, follow the plans date-stamped May 19, 1999.
c. For the chapel addition, follow the plans date-stamped October 1, 2001.
d. For the field house, follow the plans dated June 28, 2006. These plans shall meet all
the conditions and changes required by the city engineering department.
The interim director of community development may approve minor changes.
2. The proposed construction for thee4 field house addition must be substantially started within
one year of council approval or the permit revision shall end. The council may extend this
deadline for one year.
3. The city council shall review this permit annually to monitor the traffic and parking situations
related to the use of the athletic fields.
4. Any new lights shall be installed to meet the city code. This requires that they be screened or
aimed so they do not cause any light -glare problems on streets or residential properties.
5. Post and maintain signs on the edge of the wetland -protection buffer prohibiting any building,
mowing, cutting, filling or dumping within the buffer. Wetland buffer signs in the mowed area
shall be placed at the edge of the lawn.
6. That portion of the proposed walking/running path that is within 50 feet of the wetland shall be
built with a pervious material.
7. Ensure that all bleachers and dugouts are at least 30 feet from the Sterling Street and Larpenteur
Avenue right-of-ways.
8. The city may require the applicant to plant 30 native species of trees for screening between the
playing fields and the homes on Knoll Circle, as may be determined at a future hearing on the
conditional use permit.
9. The school shall prepare for city approval a turf management plan for the athletic fields. This
plan shall include the mowing, watering and fertilizing practices that the school will follow in the
care of their athletic fields and grounds. The school shall prepare and follow the plan so the
practices will minimize the impact of the storm water run off on the nearby wetlands.
10. Submit a grading and drainage plan for watershed district approval to provide sedimentation
control at the storm water discharge point before it dumps into the south wetland area.
Seconded by Mayor Longrie Ayes -All
City Council Meeting 08-28-06 19
Mayor Longrie moved to approve the project plans date-stamped June 28, 2006, (site plan,
landscape plan, grading and drainage plans and building elevations) for the field house addition
at Hill -Murray School at 2625 Larpenteur Avenue. The city bases this approval on the findings
required by the code. The developer or contractor shall do the following:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. Complete the following before the city issues a building permit:
a. Have the city engineer approve final construction and engineering plans. These plans
shall include: grading, utility, drainage, erosion control, tree and sidewalk plans. The plans shall
meet the following conditions and shall meet all the conditions and changes noted in Steve
Kummer's memo dated July 14, 2006.
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation and contour information for the site and for the
building addition.
(b) Include contour information for the land that the construction will disturb.
(c) Show all retaining walls on the plans. Any retaining walls more than four feet tall
require a building permit from the city and shall have a fence along the top.
(d) Show the drainage areas, and the developer's engineer shall provide the city
engineer with the drainage calculations. The drainage design shall accommodate
the run off from the surrounding areas.
(3) The design of the ponding area and any rainwater garden(s) shall be subject to the
approval of the city engineer. These plans shall correct the drainage problem on the south side
of the track and field. The city may require some type of storm water BMP for treatment of any
flow into this low area from impervious surfaces.
b. Submit a certificate of survey for all new construction.
c. Submit a revised landscape plan to staff for approval that incorporates the following details:
(1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within the
ponding area.
(2) The contractor shall install landscaping in the ponding area to promote infiltration. Such
landscaping shall be approved by the city engineer and shall be shown on the project landscape
plans.
(3) That shows the manicured or mowed areas from the natural areas. This shall include
planting (instead of sodding) the disturbed areas around the ponding area with native 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
mowers to encroach into the garden.
City Council Meeting 08-28-06 20
(4) It shall be approved by the city engineer before site grading and shall be consistent with
the approved grading and landscape plans.
(5) Showing the birch clumps being at least 2 %2 inches in diameter.
d. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans.
e. Provide the city with a letter of credit or cash escrow for all required exterior improvements.
The amount shall be 150 percent of the cost of the work.
3. Complete the following before occupying the building addition:
a. Replace property irons that are removed because of this construction.
b. Install reflectorized stop signs at all exits, a handicap -parking sign for each handicap -parking
space and an address on the building.
c. Post a "no left turn" sign at the easterly curb cut.
d. Paint the roof -top mechanical equipment to match the building color if the units are visible.
The applicant shall provide screening enclosures around the units if they are visible from
residential properties.
e. Meet all the requirements of the fire marshal.
f. Restore and sod damaged boulevards and sod all turf areas.
g. Complete all landscaping and turf irrigation for the building addition.
h. Install and maintain all required trees and landscaping (including the plantings around the
pond) and an in -ground sprinkler system for all landscaped areas (code requirement).
i. 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. The light fixtures must have concealed lenses and bulbs to properly shield glare from
the adjacent street right-of-ways and residential properties.
j. Install all the required exterior improvements, including all exterior lighting.
k. The developer or contractor shall:
(2) Complete all grading for the site drainage and meet all city requirements.
(3) Place temporary orange safety fencing and signs at the grading limits.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The above -required letter of credit or cash escrow is held by the city for all required
exterior improvements. The owner or contractor shall complete any unfinished landscaping by
June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of
occupancy if the building is occupied in the spring or summer.
5. All work shall follow the approved plans. The director of community development may
approve minor changes.
City Council Meeting 08-28-06 21
6. This approval does not include signs. Any signage will be reviewed by city staff through the
sign permit process.
Seconded by Councilmember Cave Ayes -All
4. White Bear Avenue Family Health Center (2099 White Bear Avenue)
Conditional Use Permit
Design Approval
a. Senior Planner Ekstrand presented the report.
b. Commissioner Pearson presented the Planning Commission report.
C. Boardmember Schurke presented the Design Review Board report.
d. Randy Wagner architect for the applicant was present for council questions.
Councilmember Cave moved to adopt the following resolution approving a conditional use
permit for the vacant property north of 2055 White Bear Avenue. This approval is for a medical
clinic in an M1 (light manufacturing) district that would be within 350 feet of residential property:
CONDITIONAL USE PERMIT RESOLUTION 06-08-109
WHEREAS, B.I.C. Development Inc. applied for a conditional use permit to construct a
medical office building within 350 feet of residentially -zoned property. The proposed building
would be set back a distance of 190 feet from the abutting residential district.
WHEREAS, this permit applies to the vacant property north of 2055 White Bear Avenue.
The legal description is:
All that part of Lot 2, Block 6, SABIN GARDEN LOTS lying Southerly of a line running from a
point on the Westerly line of said Lot 2 distant 158.25 feet Southwest of the Northwest corner
thereof to a point on the East line of said Lot 2 distant 136.3 feet South of the Northeast Corner
thereof; all of Lot 3 in said Block 6; and all that part of Lots 4 and 5 in said Block 6 lying
Northerly of a line running from a point on the Westerly line of said Lot 4 distant 368 feet
Northeast of the Southwest corner of Lot 6 in said Block 6 to a point on the East line of said Lot
5 distant 368 feet North of the Southeast corner of said Lot 6; according to the plats thereof on
file and of record in the office of the Register of Deeds of Ramsey County;
Subject to easements as shown hereon.
WHEREAS, the history of this conditional use permit is as follows:
1. On August 7, 2006, the planning commission recommended that the city council approve this
permit. The planning commission held a public hearing. City staff published a notice in the
paper and sent notices to the surrounding property owners as required by law. The planning
commission gave everyone at the hearing a chance to speak and present written statements.
2. The city council reviewed this request on August 28, 2006. The 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.
City Council Meeting 08-28-06 22
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:
1. All construction shall follow the site plan that the city has date-stamped July 17, 2006. The
director of community development may approve minor changes.
2. The proposed construction must be substantially started, or the proposed use utilized, within one
year of council approval or the permit shall become null and void. The council may extend this
deadline for one year.
3. The city council shall review this permit in one year.
4. All parking lot lights must have concealed bulbs and lenses so as not to shine into neighbors'
windows. This lighting must not give off more light than a typical residential wall or yard light.
Light -intensity maximums must meet code requirements.
5. Provide a revised landscaping plan that has an evenly spaced/staggered double row of
evergreens along the north property line where the trees are spaced no more than 10 feet on
center in each planted row. The applicant shall also revise the landscaping plan to provide 14
trees spaced at 30 feet on center along the White Bear Avenue frontage between the entrance
drive and the north lot line. There shall also be two trees planted south of the entrance drive.
6. The grading of the site to the west is not allowed to prevent problems resulting from difficulty with
turf restoration. Grading shall be limited to that necessary to blend grades between the
proposed site and the remaining undeveloped land to the west.
7. The grading plan shall be revised for the approval of the city engineer deleting the narrow ponds
proposed between White Bear Avenue and the parking lot.
8. The applicant shall comply with all requirements stated in Steve Kummer's engineering report
dated July 28, 2006.
9. Prior to getting a building permit, the applicant shall dedicate a uniform 65 feet of roadway
easement along the entire property frontage for future street widening. This shall be subject to
the approval of the city engineer.
City Council Meeting 08-28-06 23
Seconded by Mayor Longrie Ayes -All
Councilmember Cave moved to approve the plans date-stamped July 17, 2006, for the
proposed White Bear Avenue Family Health Center north of 2055 White Bear Avenue.
Approval is subject to the applicant/developer complying with the following conditions:
Repeat this review in two years if the city has not issued a building permit for this
project.
2. Comply with all conditions stated in Steve Kummer's engineering report dated July
28, 2006.
3. Obtain a permit from the Ramsey/Washington Metro Watershed District before the
issuance of a building permit.
4. Install wetland -protection buffer signs around the mitigated wetland and any
contiguous wetlands if needed by the watershed district. Wetland signs shall be spaced every
100 feet and shall comply with the city's approved sign design requirements.
5. All wetland and drainage and rainwater ponds shall be planted with plantings as
required by the watershed district and the city engineer.
6. The applicant shall enter into a maintenance agreement with the city and the
watershed district for the maintenance of ponds.
7. Revise the landscaping plan to provide for an evenly spaced/staggered double row
of evergreens along the north property line where the trees are spaced no more than 10 feet on
center in each planted row. The applicant shall also revise the landscaping plan to provide 14
trees spaced at 30 feet on center along the White Bear Avenue frontage between the entrance
drive and the north lot line. There shall also be two trees planted south of the entrance drive.
The applicant shall provide three deciduous trees on the north lot line, along with the
evergreens, to provide some higher, overstory-tree screening for the easterly property owner to
the north. The revised landscaping plan shall be subject to staff approval.
8. The grading of the site to the west is not allowed in order to prevent problems
resulting from difficulty with turf restoration. Grading shall be limited to that necessary to blend
grades between the proposed site and the remaining undeveloped land to the west.
9. The grading plan shall be revised for the approval of the city engineer deleting the
narrow ponds proposed between White Bear Avenue and the parking lot.
10. The applicant must provide an in -ground irrigation system as required by code. The
area around the pond does not need to be sprinklered.
11. The roof -top mechanical equipment shall be screened from the view of all
residential properties.
12. All site lights must be properly screened or shielded so the lenses and bulbs are not
visible off site from any home.
13. Provide cash escrow in the amount of 150 percent of the cost of completing the
landscaping and exterior site improvements before the applicant shall obtain a building permit.
14. The community design review board shall approve major changes to these plans.
Minor changes may be approved by staff.
City Council Meeting 08-28-06 24
15. The site plan shall be revised to add a right-in/right-out only turning movement to
and from the site. This detail shall be subject to the approval of the city engineer.
16. The site plan shall be revised to provide a six -foot -wide, concrete sidewalk along the
White Bear Avenue boulevard. The location of this sidewalk shall be subject to the approval of
the city engineer. This sidewalk shall be placed from the southerly lot line of the site to the
northerly lot line.
Seconded by Mayor Longrie Ayes -All
5. Cigarette and Tobacco Licenses — Compliance Failures
a. City Clerk Guilfoile presented the report.
b. The following persons were heard:
Tim Stieger, Knowlan's Super Market
Mike Fuhr, BP Amoco
Jan Treble, Freedom Value Center
Mike Fuhr, Second Appearance
Brian Bauman, The Rock Nightclub
Tao Vang, Big Discount Liquor
Mary Koppen, Party Time Liquor
Councilmember Cave moved to impose the following tobacco compliance failure fines:
Abe's Tobacco
$250
Knowlan's Supermarket
$600
Champp's
$250
M & W Tobacco
$250
CVS Pharmacy
$250
Maplewood Amoco BP
$250
Freedom Valu Center
$250
Rainbow Foods
$250
Hilltop Foods, Inc.
$250
The Rock
$250
Keller Lake Convenience
$250
Walgreen's
$250
Big Discount Liquor
$250
Seconded by Councilmember Rossbach Ayes -All
6. Maplewood Community Center/White Bear Avenue Plantings
Mayor Longrie moved to table this item to the September 11, 2006 City Council Meeting.
Seconded by Councilmember Cave Ayes -All
M. COUNCIL PRESENTATIONS
Jacob Wetterling Foundation-Councilmember Cave is coordinating a town meeting with the
Wetterling Foundation and requested council collaboration and suggestions.
2. Crestview Townhome Association-Councilmember Rossbach requested that the city research
taking over Crestview Drive and create an approval process and procedure for the acquisition of
private streets.
3. South Leg Meeting-Councilmember Rossbach announced that the next south leg meeting will
be held October 26th. Further details are available on the city website.
4. Carver Avenue Sewer Repair Update-Councilmember Rossbach asked Interim City Manger
Copeland to gather further information from City Engineers and Met Council to update residents
on the progress of the project.
City Council Meeting 08-28-06 25
N. ADMINISTRATIVE PRESENTATIONS
Items tabled to the September 11, 2006 City Council Meeting
O. ADJOURNMENT
Mayor Longrie moved to adjourn at 1:34 a.m.
City Council Meeting 08-28-06 26
CiPage 1 of 1
Greg Copeland
From: Joe Fox [foxxx012@umn.edu]
Sent: Saturday, January 05, 2002 2:53 PM
To: Diana Longrie; Kathleen Juenemann; Erik Hjelle; Will Rossbach; Rebecca Cave (External)
Cc: Greg Copeland
Subject: Dist. 622 Bus garage
I will not be able to attend your meeting on Monday night - I am one of the board of managers at the Minnesota
State Fair and it is impossible for me to be off of the grounds that evening. This is just a very brief message to let
you know that I would very much support your disapproval of allowing the District 622 to move their bus garage
to the site on Hgwy 120 and Hgwy 5. The environmental impact to this area would be devastating to this wet land
area if this type of construction were allowed. I would appreciate your denial of their request. Maplewood
Resident -1821 Myrtle St. Joe Fox
8/28/2006
City Engineer and
City Council, City of Maplewood
Maplewood, Minnesota 55109
August 27, 2006
Re: No Parking, Stop Sign Petition Dated September 30, 2003
Neighbors are continually concerned about the safety of our children and trying to slow
traffic. We have very smooth pavement and there is need for two changes.
1. The no parking signs are very much needed to be placed on the other side of
Harris Avenue from where they are standing now. They are much needed on the
south side of Harris Avenue starting at the curve. This will allow daytime parking
on the North side of the street without creating any problem of blocking the view
of oncoming traffic. This will also somewhat fulfill the concerns of the petition
dated in 2003.
2. There is still the need of a stop sign to be placed at the intersection of Kennard
St., Maryknoll and Rosewood Avenue South creating a four way stop instead of
the two way that is currently there. This will slow down traffic going too fast on
our nice pavement.
Hopefully we can change this as safety is our concern in the neighborhood as well as
function.
Thank you for your time and consideration. Any questions please contact Joe Keller,
1655 Harris Avenue East.
Respectfully Submitted,
Printed Name Address
y
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August 26, 2006 Page 1 of 2
Statement of opposition to the building of a bus garage on the MnDOT land located at the
intersection of Highway 120 and Highway 5 in Maplewood.
We the neighbors and adjacent landowners oppose the proposed building of an ISD 622
school bus garage on the MnDOT land -located at the above site. We oppose this bus
facility because of the adverse impact it would have on the surrounding wetlands, air
quality, increased traffic and the undesirable change to the character and quality of our
neighborhood.
6,_
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1 1 T
i
II''\
August 26, 2006
Page 2 of 2
Statement of opposition to the building of a bus garage on the MnDOT land located at the
intersection of Highway 120 and Highway 5 in Maplewood.
We the neighbors and adjacent landowners oppose the proposed building of an ISD 622
school bus garage on the MnDOT land located at the above site. We oppose this bus
facility because of the adverse impact it would have on the surrounding wetlands, air
quality, increased traffic and the undesirable change to the character and quality of our
neighborhood.
Address
All
b�xt�
^� t 1C vice t',(� �_c A L4-...'
August 26, 2006
Page 3 of 3
Statement of opposition to the building of"a bus garage on the MnDOT land located at the
intersection of Highway 120 and Highway 5 in Maplewood.
We the neighbors and adjacent landowners oppose the proposed building of an ISD 622
school bus garage on the MnDOT land located at the above site. We oppose this bus
facility because of the adverse impact it would have on the surrounding wetlands, air
quality, increased traffic and the undesirable change to the character and quality of our
neighborhood.
Name
�l
J
J
Address
a(
August 26, 2006
Page 2 of 2
Statement of opposition to the building of a bus garage on the MnDOT land located at the
intersection of Highway 120 and Highway S in Maplewood.
We the neighbors and adjacent landowners oppose the proposed building of an ISD 622
school bus garage on the MnDOT land located at the above site. We oppose this bus
facility because of the adverse impact it would have on the surrounding wetlands, air
quality, increased traffic and the undesirable change to the character and quality of our
neighborhood.
Name Address
ATt//�K L !l`'4�s%� /YX('CIw/AY � n ye��
t
August 26, 2006
Page 4
Statement of opposition to the building of a bus garage on the MnDOT land located at the
intersection of Highway 120 and Highway 5 in Maplewood.
We the neighbors and adjacent landowners oppose the proposed building of an ISD 622
school bus garage on the MnDOT land located at the above site. We oppose this bus
facility because of the adverse impact it would have on the surrounding wetlands, air
quality, increased traffic and the undesirable change to the character and quality of our
neighborhood.
Name Address
1
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PETIOTION REGARDING LIBERTYACADEMY'S
Application for Special Use Permit
WE THE NEIGHBORS OF LIBERTYACADEMY OBJECT TO THJE JSUANCE OF A USE PERMIT TO
LIBERTYACADEMY UNTIL THIS IS A WRITTENAGREEMENT REGARDING THE CORRECTION OF
ONGOING PROBLEMS
A. The practice field not to be used after S: 00 pm for soccer. No baseball, softball or football.
B. Parent teacher conferences to be held in the school and ended by 7: 00 pm. Children to stay with
parents during conferences and not running the field.
B. Special Evening activities: Activity to take place in the school with participants leaving quietly.
No children on the field afterwards.
C. No Parking on Atlantic Street for after school events or conferences,
D. No trespassing in neighbors' yards. Utilize the field so there is no problem.
E. Garbage pick up: Lunches should be eaten inside. The field should be policed after eve7y
activity. When parents come to watch an activity they should clean up after themselves or the
coach holding the practice should pickup the field. Any dogs brought to the field are to remain
on leashes and droppings to be cleaned up immediately
15.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
p/'zj�;j oc-'
N2, kwkiucsrp-i=vy'
CITY ATTORNEY
FIRM
LOCATION
PROPOSED FEES
MINIMUM PROJECTED
ANNUAL COST BASED ON
100 HOURS PER MONTH
BRADLEY &
St. Paul
$175 per hour Senior Attorney
$210,000 to $162,000
GUZZETTA
$135 Staff Attorney
KENNEDY & GRAVEN
Minneapolis
$12,500 monthly retainer
$150,000
covers all routine matters. City
Council meetings less than 4
hours including travel time, the
actual duration of the meeting
will apply to retainer at $135
per hour. City Council
meetings exceeding 4 hours
including travel time applied to
retainer $500 per meeting.
KNAAK&KANTRUD
Vadnais Heights
$8,250 per month flat fee.
$ 99,000
Except litigation exceeding 10
hours on an individual file in a
single month, billed at $90 per
hour Attorney/ $50 per hour
paralegal.
MORRISON, FENSKE &
Minnetonka
$5,000 monthly retainer, with
$150,000
SUND
range of 25-50 hours per
month with, additional charge
or credit of: $150 per hour
PRIOR CONTRACTOR
2006 PER HOUR RATES
2005 ACTUAL COST
KELLY & FAWCETT
St. Paul
$300 Partner
$190,180.20
$190 Associates
$ 90 Law Clerks
$ 90 Paralegal
CITY ATTORNEY CONTINUED
FIRM
LITIGATION
COPIES
FAX
MILEAGE
MESSENGER
ONLINE
OPEN TO
COSTS
EXPRESS
LEGAL
CITY HALL
MAIL
RESEARCH
OFFICE
HOURS
BRADLEY &
Attorney $175-$135
Cost
Cost
.485 pm
Cost
Not
Yes
GUZZETTA
Paralegal $90
Addressed
KENNEDY &
Attorney $155
.20 pp
.50 pp
.445 pm
Actual
Actual
Yes
GRAVEN
Paralegal $90
Cost
Cost
KNAAK&
Attorney $90
First 500
No
No
No
No
Yes
KANTRUD
Paralegal $50
copies
Charge
Charge
Charge
Charge
each
month no
charge
MORRISON,
Not
No
No
No
Not
No
Not
FENSKE &
Addressed
Charge
Charge
Charge
Addressed
Charge
Addressed
SUND
PROSECUTION SERVICES
FIRM
LOCATION
PROPOSED FEES
MINIMUM PROJECTED
ANNUAL COST BASED
ON 100 HOURS PER
MONTH
BRADLEY &
St. Paul
$175 Senior Attorney per hour
$210,000 to $162,000
GUZZETTA
$135 Staff Attorney
BURSTEIN GLASER
Minneapolis
$110 Senior Attorney per hour
$132,000 to $108,000
$90 Associate Attorney per hour
HELLMUTH&
Eden Prairie
$9,600 Retainer Fee
$115,200
JOHNSON
KNAAK&KANTRUD
Vadnais Height
$8,250 fixed monthly fee
$ 99,000
MORRISON FENSKE
Minnetonka
$5,000 per month plus $1,200
$114,000
& SUND
for 4'h jury trial day in a month
and each jury trial day thereafter
MARGARET
St. Paul
$80 per hour
$ 96,000
MURPHY
PRIOR CONTRACTOR
2006 RATE
2005 ACTUAL COSTS
KELLY & FAWCETT
St. Paul
$9,825 flat rate per month
$117,900
PROSECUTION SERVICES CONTINUED
FIRM
OPEN TO
COPIES
FAX
MILEAGE
ONLINE
POSTAGE
TELEPHONE
MESSENGER
CITY HALL
LEGAL
LONG
COURIER
OFFICE
RESEARCH
DISTANCE
SERVICES
HOURS
BRADLEY&
Yes
Not
Not
Not
Not
Not
Not
Not
GUZZETTA
Addressed
Addressed
Addressed
Addressed
Addressed
Addressed
Addressed
BURSTEIN
Not
.10 pp
No
Not
Not
Cost
Not
Not
GLASER
Addressed
Charge
Addressed
Addressed
Addressed
Addressed
HELLMUTH
Yes
No
No
Not
No
No
Not
Cost
& JOHNSON
Charge
Charge
Addressed
Charge
Charge
Addressed
KNAAK&
Yes
First 500
Not
Not
Not
Not
First $25 per
Not
KANTRUD
per month
Addressed
Addressed
Addressed
Addressed
month no
Addressed
no charge
charge
MORRISON,
Not
No
No
No
No
Not
Not
Not
FENSKE &
Addressed
Charge
Charge
Charge
Charge
Addressed
Addressed
Addressed
SUND
MARGARET
Not
Not
Not
Not
Not
Not
Not
Not
MURPHY
Addressed
Addressed
Addressed
Addressed
Addressed
Addressed
Addressed
Addressed
CONTRACT NEGOTIATIONS, PERSONNEL CONSULTATION AND
EMPLOYMENT INVESTIGATION
FIRM
LOCATION
LABOR
GENERAL
EMPLOYMENT
PERCENTAGE OF
CONTRACT
PERSONNEL
INVESTIGATION
CURRENT
NEGOTIATION
CONSULTATION
CHARGES
CLIENTS THAT
SERVICES
CHARGES
ARE LABOR
CHARGES
UNIONS
BETHEL &
St. Paul
$85-$95 per hour
$95-$105 per hour
Attorney $75-$85
0%
ASSOCIATES PA
Law Clerk $45
per hour
KENNEDY &
Minneapolis
$135 per hour
$135 per hour
$135 per hour
0%
GRAVEN
MORRISON,
Minnetonka
$190 per hour
$190 per hour
$190 per hour
0%
FENSKE & SUND
CONTRACT NEGOTIATIONS, PERSONNEL CONSULTATION
AND EMPLOYMENT INVESTIGATION CONTINUED
FIRM
COPIES
FAX
MILEAGE
ONLINE
POSTAGE
MESSENGER
LEGAL
COURIER
RESEARCH
BETHEL &
Not
Not
Not
Not
Not
Not
ASSOCIATES PA
Addressed
Addressed
Addressed
Addressed
Addressed
Addressed
KENNEDY&GRAVEN
.20 pp
.50 pp
.445 pm
Actual
Not
Actual
Cost
Addressed
Cost
MORRISON, FENSKE
Not
Not
Not
Not
Not
Not
& SUND
Addressed
Addressed
Addressed
Addressed
Addressed
Addressed
912'&Ih
TAX LEVY FOR 2006-2007
P:\EXCEL\BUDMISC\2007 BUDGET\07TAXESTD 22 -Aug -06
Proposed
2006
2007
Change
Levy
Levy
Amount
Percent
Operations:
General Fund $
10,738,190 $
11,377,490
$639,300
6.0%
Community Center Fund:
Working capital deficit
$39,000
$124,950
$85,950
220.4%
Building maintenance
$0
$96,320
$96,320
N/A
Recreation Programs Fund
$312,380
$335,730
$23,350
7.5%
Operations Total
$11,089,570
$11,934,490
$844,920
7.6%
Capital Improvements:
C.I.P. Fund
$0
$0
$0
N/A
Fire Truck Replacement Fund
$0
$0
$0
N/A
Park Development Fund
$0
$0
$0
N/A
Capital Improvements Total
$0
$0
$0
N/A
Debt Service:
Debt Service Fund
$3,016,800
$3,140,800
$124,000
4.1%
Totals -All Funds
$14,106,370
$15,075,290
$968,920
6.9%
Tax levy for deferred mtnce
$87:3,140
$873,140
N/A;
Revised Totals
$14,106,370
$15,948,430
$1,842,060
13.1%
Tax levy to replace franchise tax
...a.. . _.....
..., _
$981,934"
...
$981,934
N/A
Revised Totals
$14,106,370
$16,930,365
$2,823,995
20.0%
P:\EXCEL\BUDMISC\2007 BUDGET\07TAXESTD 22 -Aug -06
FILE: TAX BASE
LOCATION: P:\FINANCE\EXCEL\BUDMISC\2007 BUDGET
DATE: 23 -Aug -06
PREPARED BY: DF
CITY OF MAPLEWOOD, MINNESOTA
TAX BASE 2004-2007
Sub -Total 35,744,863 38,904,061 43,251,535 48,721,372
Fiscal Disparities:
Contribution
Distribution
Total Taxable Value
Percent Change
Prior Year Total Taxable
Value
(4,902,306) (5,239,396)
3,269,704 3,370,550
34,112,261
10.5%
30,874,105
37,035,215
8.6%
(5,247,843)
3,522,442
41,526,134
12.1%
(6,002,384)
3,801,563
46,520,551
12.0%
MARKET VALUE: 2,804,910,000 3,117,413,900 3,489,726,700 3,892,558,100
Percent Change 11.8% 11.1% 11.9% 11.5%
Prior Year Market Value 2,508,311,400
2007
TAXABLE VALUE:
2004
2005
2006
ESTIMATE
Real Estate
35,725,410
38,947,265
43,322,776
48,756,851
Personal Property
414,893
429,727
436,597
463,173
Tax Increment Districts
(395,440)
(472,931)
(507,838)
(498,652)
Sub -Total 35,744,863 38,904,061 43,251,535 48,721,372
Fiscal Disparities:
Contribution
Distribution
Total Taxable Value
Percent Change
Prior Year Total Taxable
Value
(4,902,306) (5,239,396)
3,269,704 3,370,550
34,112,261
10.5%
30,874,105
37,035,215
8.6%
(5,247,843)
3,522,442
41,526,134
12.1%
(6,002,384)
3,801,563
46,520,551
12.0%
MARKET VALUE: 2,804,910,000 3,117,413,900 3,489,726,700 3,892,558,100
Percent Change 11.8% 11.1% 11.9% 11.5%
Prior Year Market Value 2,508,311,400
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