HomeMy WebLinkAbout07-10-2006Q
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, July 10, 2006
Council Chambers, City Hall
Meeting No. 06-18
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 Present
Rebecca Cave Councilmember Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF AGENDA
Mayor Longrie moved to approve the agenda as amended.
G1. Interim City Attorney
M1. National Night Out
M2. Data Practices
M3. Dragon Festival
M4. White Bear Avenue Parade
M5. Tartan Ice Board
M6. David Schultz Report
M7. City Manager Investigation/Councilmembers Rossbach's Report
Seconded by Councilmember Cave Ayes -All
APPROVAL OF MINUTES
Minutes from the June 26, 2006 Council/Manager Workshop
Mayor Longrie moved to approve the minutes from the June 26, 2006 Council/Manager Workshop as
presented.
Seconded by Councilmember Cave Ayes -All
2. Minutes from the June 26, 2006 City Council Meeting
Councilmember Cave moved to approve the minutes from the June 26, 2006 City Council
Meeting as presented.
Seconded by Mayor Longrie Ayes -All
VISITOR PRESENTATIONS
Bill Keyser, representing Evelyn Wallace, submitted a document to the Mayor and
Councilmembers regarding the property at 2516 Linwood Avenue East.
07-10-06 City Council Meeting
2. John Jack Wadlund, 2950 Howard Court, (wife Theresa also in attendance) commented on
a recent newspaper article displaying photos of "nice" properties and commented on the
dangers of overpopulated housing.
3. Delores Kujawski, 2956 Howard Court, shared her concern regarding single family home
owners renting their basements out for additional income.
4. Peter Fisher, 2443 Standridge Avenue, questioned the resignation of the City Attorney, and a
data practices request made by Mayor Longrie. Mayor Longrie shared the nature of her
request and detailed the procedure Interim City Manger Copeland followed issuing the
request in the absence of the designated Responsible Authority who was on vacation.
G. APPOINTMENTS/PRESENTATIONS
Interim City Manager Copeland announced the resignation of the City Attorney Kelly and
Fawcett and introduced H. Alan Kantrud, Knaak & Kantrud, who also is the attorney for the
cities of Fridley and Newport. Mr. Kantrud was present to provide interim city attorney services
for the meeting.
H. PUBLIC HEARINGS
Eldridge Avenue, Street and Utility Improvements for the Eldridge Fields Development, City
Project 06-04
Public Hearing 7:00 pm
Resolution Authorizing Preparation of Plans and Specifications
a. City Engineer Ahl presented the report.
b. Mayor Longrie opened the public hearing, calling for proponents or opponents. The
following persons were heard:
None
Councilmember Rossbach moved to adopt the following resolution ordering the improvement of the
Eldridae Avenue Street and Utilitv Improvements. (Four affirmative votes were reauired to approve this
resolution):
RESOLUTION 06-07-078
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 26th day of June, 2006, fixed a date for
a council hearing on the proposed street improvements for the Eldridge Avenue Street and Utility
Improvements for the Eldridge Fields Development, City Project 06-04.
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held on July 10, 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 improvements to Eldridge Avenue Street and Utilities for the Eldridge
Fields Development, City Project 06-04.
2. Such improvement of Eldridge Avenue is hereby ordered as proposed in the council
resolution adopted the 10th day of June, 2006.
07-10-06 City Council Meeting
3. 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.
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 $301,000.00 shall be established.
The proposed financing plan is as follows:
Assessments:
Environmental Utility Fund:
Seconded by Councilmember Juenemann
I. CONSENT AGENDA
$ 268,000 (89%)
$ 33,000 (11%)
Total: $ 301,000 (100%)
Ayes -All
Councilmember Rossbach moved to approve consent agenda items 1-4, 6-8, 10-11, and 13-14.
Seconded by Councilmember Hjelle
Ayes -All
Councilmember Juenemann moved to approve consent agenda items 9 and 12.
Seconded by Councilmember Hjelle Ayes -All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 240,240.61 Checks # 70235 thru # 70302
dated 06/22/06 thru 06/27/06
$ 3,243,369.55 Disbursements via debits to checking account
dated 6/16/2006 thru 6/22/2006
$ 1,162,158.09 Checks # 70303 thru # 70358
dated 6/26/06 thru 07/05/06
$ 112,356.25 Disbursements via debits to checking account
dated 06/23/06 thru 06/28/06
$ 4,758,124.50 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 489, 852.48 06/30/06
$ 200.00 Payroll Deduction check #105472 dated 06/30/06
$ 490,052.48 Total Payroll
$ 5,248,176.98 GRAND TOTAL
07-10-06 City Council Meeting 3
2. Resolution Authorizing Execution of Agreement—Safe & Sober Communities Grant
Moved to adopt the following resolution entering into a grant agreement with the Minnesota
Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER
COMMUNITIES during the period from October 1, 2006 through September 30, 2007:
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT 06-7-079
Be it resolved that the Maplewood Police Department enter into a grant agreement
with the Minnesota Department of Public Safety, Office of Traffic Safety for the
project entitled SAFE & SOBER COMMUNITIES during the period from
October 1, 2006 through September 30, 2007.
The Chief of Police of the Maplewood Police Department is hereby authorized to
execute such agreements and amendments as are necessary to implement the project
on behalf of the Maplewood Police Department.
Be it further resolved that the Sheriff of Ramsey County is hereby authorized to be
the fiscal agent and administer this grant on behalf of the Maplewood Police Department.
3. Purchase of Cisco Firewall for Police Department
Approved the purchase of the Cisco ASA 5520 device in the amount of $6,126.03 for
the Police Department to comply with the requirements of the BCA.
4. July 4th Fireworks Bill Payment $10,000
Approved a payment of $10,000 for the July 4th fireworks to Melrose North Pyrotechnics, Inc.
Item removed from agenda.
6. Applewood Park Playground Equipment $49,127.68
Approved the contract with Earl F. Anderson to purchase playground equipment including
installation through U.S. Communities at a cost of $49,127.68 with the monies to be allocated
from the park development fund as budgeted.
7. Sterling Oaks Playground Equipment Purchase $29,976.31 and Budget Transfer of $3,846.31
Awarded the contract for playground equipment for Sterling Oaks Park to Game Time Inc. in the
amount to $29,976.31 with the monies to be allocated form the Park Development fund.
Authorized the Finance Director to transfer $3,846.31 from the Applewood Park P.A.C. monies
to cover the budgeted shortfall.
8. Budget Adjustment for Purchase of Asphalt Trailer
Approved a budget adjustment be made to the Public Works miscellaneous revenue account
(101-000-000-3633) and the Street Department capital outlay expense (101-502-000-4640) in
the amount of $14,000.00
9. Annual Spring Clean -Up Event Summary
Approved the following changes for the city clean-up events:
Continue with the fall collection event in September/October at Gethsemane Church.
07-10-06 City Council Meeting
• Continue to implement service fees (recommending no increase) for resident who utilize
this service.
• Reduce the hours for the 2007 Spring collection from 7:00 a.m. — 1:00 p.m. to
7:00 a.m. -12:00 p.m.
• Continue to hold the spring collection event at Aldrich Arena in conjunction with
Ramsey County's Household Hazardous Waste Collection Program.
• Staff will evaluate the clean-up program after the 2006 fall collection and present
updated findings to the City Council.
10. City Hall Campus Improvements — Stormwater Collection and Treatment Improvements for
Public Works — Authorization of Payment for materials
Authorized payment of $26,000 for materials for the construction of the stormwater collection
and treatment system.
11. Budget Transfer Request — City Hall Air Conditioning Repair $23,160
Approved a budget transfer request for the City Hall Air Conditioning Repair in the amount of
$23, 160 dollars to pay for the air conditioner compressor replacement. This transfer would be
from the Contingency Fund to the General Fund #101-115-000-4430.
12. Malt Liquor License (Hicham Elarab) — McKnight Mart & Gas
Approved the Malt Liquor License for Hicham Elarab for the McKnight Mart & Gas at 1690
McKnight Road.
13. Acceptance of National Night Out Donation from the Target Corporation
Accepted the $100 donation on behalf of the Police Department from Target in support of the
National Night Out event.
14. Tax -Exempt Revenue Note Financing Request — Regions Sleep Center (2688 Maplewood Drive
North) $2.6 Million
Adopted the following resolution calling for Maplewood to hold a public hearing on August 14,
2006 to consider approval for up to $2.6 million in tax exempt revenue financing for the Regions
Sleep Health Clinic at 2688 Maplewood Drive:
RESOLUTION NO. 06-07-082
RESOLUTION CALLING A PUBLIC HEARING FOR A
HEALTH CARE FACILITY PROJECT PURSUANT TO
THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
WHEREAS,
(a) Minnesota Statutes, Chapter 469.152 to 469.1651 (the "Act") gives municipalities the power to issue
revenue obligations for the purpose of providing necessary health care facilities so that adequate health care
services are available to residents of the State at reasonable cost;
(b) The Maplewood City Council (the "City") has received from Regions Hospital, a nonprofit corporation
organized under the laws of the State of Minnesota (the "Borrower"), a proposal that City assist in financing a
Project hereinafter described, through the issuance of a Revenue Note, referred to in this resolution as the
"Revenue Note" or "Note", pursuant to the Act;
(c) Before proceeding with consideration of the request of the Borrower it is necessary for the City to
hold a public hearing on the proposal pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota as follows
07-10-06 City Council Meeting
I . The Borrower has agreed and it is hereby determined that any and all costs incurred by the City in
connection with the financing of the Project, whether or not the Project is carried to completion, whether or not
approved by the Minnesota Department of Employment and Economic Development and whether or not the
Revenue Note is issued by the City, will be paid by the Borrower;
2. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the
expenditure of any municipal funds on the Project other than the revenues derived from the Project. The Revenue
Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City
except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability
thereon. The holder of the Revenue Note shall never have the right to compel any exercise of the taxing power of
the City to pay the outstanding principal on the Revenue Note or the interest thereon, or to enforce payment thereof
against any property of the City. The Revenue Note shall recite in substance that the Revenue Note, including
interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue
Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation;
3. A public hearing on the Project shall be held on August 14, 2006, pursuant to the notice of public
hearing attached hereto as Exhibit A;
4. The City Clerk is hereby authorized to cause notice of the hearing to be given one publication in the
official newspaper of the City or a newspaper of general circulation available in the City, not less than 14 days nor
more than 30 days prior to the date fixed for the hearing and any actions previously taken with respect to such
publication are hereby ratified.
EXHIBIT A
CITY OF MAPLEWOOD, MINNESOTA
NOTICE OF PUBLIC HEARING
ON THE ISSUANCE OF REVENUE OBLIGATIONS
Notice is hereby given that the City Council of the City of Maplewood, Minnesota (the "City") will meet at the
City Hall, 1830 County Road B East, in Maplewood, Minnesota, on Monday, August 14, 2006, at 7:00 p.m., to
hold a public hearing to consider the proposal of Regions Hospital, a Minnesota nonprofit corporation (the
"Borrower"), that the City assist in financing a project hereinafter described pursuant to Minnesota Statutes,
Sections 469.152 to 469.1651, by the issuance of one or more revenue notes (the "Note").
The Project consists of the financing of the acquisition, construction and equipping of an approximately
7,000 square foot building located at 2688 Maplewood Drive, Maplewood, Minnesota 55109-1021 in the City,
to be used as a sleep disorder clinic. The Borrower will be the initial owner and operator of the Project. The
Project will be used to house the Borrower's operations providing services to persons with sleep disorders.
The maximum aggregate estimated principal amount of the obligations to be issued to finance the project is
$2,600,000.
The obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of
the City, except the revenues of Project, and such obligations will not be a charge against the general credit or
taxing powers of the City, but will be payable from sums to be paid by the Borrower pursuant to a revenue
agreement.
A draft copy of the proposed application to the Commissioner of the Department of Employment and
Economic Development, State of Minnesota, for approval of the project, together with all attachments and
exhibits thereto, is available for public inspection during normal business hours, Monday through Friday, at the
City Hall in the City of Maplewood.
At the time and place fixed for the Public Hearing, the City Council will give all persons who appear at the
hearing an opportunity to express their views with respect to the proposal.
J. AWARD OF BIDS
None
07-10-06 City Council Meeting
K. UNFINISHED BUSINESS
Award of 2007 Charitable Gambling Funds
a. Interim City Manager Copeland presented the report.
b. Parks and Recreation Director Anderson explained the organizations that benefit from
the Charitable Gambling funds for room rental at the Community Center.
Councilmember Cave moved to award the remaining $654.00 to the Dispute Resolution Center.
Seconded by Councilmember Hjelle Ayes -Mayor Longrie, Councilmembers Cave,
Hjelle, and Juenemann
Nays-Councilmember Rossbach
Councilmember Rossbach voted nay due to the order of his allocation requests.
Seconded by Councilmember Cave Ayes -All
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3. Carver Crossing Environmental Assessment Worksheet (EAW) (Carver Avenue and Henry
Lane)
a. City Engineer AN presented the report.
b. Jon Horn, Kimley-Horn and Associates provided further specifics.
C. The following persons were heard:
07-10-06 City Council Meeting
Jeanne Witzig, Kimley-Horn and Associates
Ron Cockriel, 943 Century Avenue, Maplewood
Councilmember Rossbach moved to adopt the following resolution approving the negative
declaration on the Environmental Assessment Worksheet for the Carver Crossing Development, Citv
Project 05-07:
RESOLUTION 06-07-080
APPROVING NEGATIVE DECLARATION
Carver Crossing of Maplewood Project
City of Maplewood, Minnesota
WHEREAS, CoPar Development LLC is the proposer of the Carver Crossing of Maplewood Project; a
senior housing development with up to 299 units on approximately 70 acres of land; and
WHEREAS, the general boundaries of the Carver Crossing project can be described as about 702
acres of land to the west of 1-494 and south of Carver Avenue; and
WHEREAS, the City of Maplewood is the Responsible Governmental Unit (RGU) pursuant to
Minnesota Rules Part 4410.0500; and
WHEREAS, the EAW was prepared using the form approved by the Minnesota Environmental Quality
Board for EAWs in accordance with Minnesota Rules 4410.1300; and
WHEREAS, in accordance with Minnesota Rules 4410.1500, the EAW was completed and distributed
to all persons and agencies on the official Environmental Quality Board distribution list; and
WHEREAS, the notification of the EAW was published in the Minnesota EQB Monitor on March 13,
2006; and
WHEREAS, the public review and comment period remained open until April 12, 2006; and
WHEREAS, a public informational meeting was held for the project on March 30, 2006, in the City of
Maplewood; and
WHEREAS, the comments on the EAW were received and responded to; and
WHEREAS, the draft Findings of Fact/Response to Comments document was reviewed at the May 15,
2006, City of Maplewood Planning Commission meeting: and
WHEREAS, the draft Findings of Fact/Response to Comments document reviewed by the Planning
Commission has been revised to reflect clarification/revisions to specific impact analyses; and
WHEREAS, the City of Maplewood Planning Commission recommended a Negative Declaration
determination for the proposed action evaluated in the EAW; and
WHEREAS, the proposed project under evaluation in this EAW reflects a worst case level of analysis in
terms of density of residential development; and
WHEREAS, the record considered by the City Council for purposes of its decision herein consists of
the EAW, related reports and analysis, the comments received thereon, and the responses to such
comments, all of which are incorporated herein and made a part of this decision; and
WHEREAS, the proposed development will undergo subsequent reviews and required approvals
associated with permits identified in this document; and
07-10-06 City Council Meeting
WHEREAS, the City of Maplewood will work with the developer to determine the feasibility and the
effectiveness of additional noise mitigation to the west of 1-494;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Maplewood, acting with
respect to the Environmental Assessment Worksheet for the Carver Crossing Project of Maplewood,
that it finds and concludes the following:
1. The EAW was prepared in compliance with the procedures of the Minnesota Policy Act and
Minnesota Rules, Parts 4410.1000 to 4410.1700; and
2. The EAW satisfactorily addressed all of the issues for which existing information could have
been reasonably obtained; and
3. The Findings of Fact contained in Exhibit A (attached) are made; and
4. Based on criteria established in Minnesota Rules 4410.1700, and the Findings of Fact, the
Project does not have a potential for significant environmental effects; and
5. An Environmental Impact Statement is not required, and the City of Maplewood therefore makes
a "Negative Declaration".
Seconded by Councilmember Juenemann
L. NEW BUSINESS
Ayes-Councilmembers Hjelle, Juenemann and
Rossbach
Nays -Mayor Longrie and Councilmember Cave
Intoxicating Liquor License Change of Owner/Manager — Nicholas Schwartz - Bleecher's Bar
and Grill
a. REaL Director Guilfoile presented the report.
b. The applicant Nicholas Schwartz was present for council questions.
Councilmember Cave moved to approve the intoxicating liquor license Change of Owner/Manager for
Nicholas Schwartz for Bleecher's Bar and Grill.
Seconded by Councilmember Rossbach Ayes -All
2. 5-8 Club Expansion (2289 Minnehaha Avenue)
Comprehensive Plan Amendment (R-1 to BC -M) (4 votes)
Zoning Map Change (R-1 to BC -M) (4 votes)
Conditional Use Permit Revision
Design Approval
a. Planner Roberts presented the report.
b. Commissioner Fisher presented the Planning Commission Report.
C. Boardmember Ledvina presented the Design Review Board Report.
d. The applicant Jill Skogheim was present for council questions.
e. The following persons were heard:
Jim Beardsley, 2311 Minnehaha Avenue, Maplewood
Councilmember Cave moved to adopt the comprehensive land use plan amendment resolution
changing the comprehensive land use plan from single dwelling residential (R-1) to business
commercial (modified) (BC -M) for the expansion of the 5-8 Tavern and Grill parking lot onto an existin
07-10-06 City Council Meeting
COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION 06-07-083
WHEREAS, Jill Skogheim of the 5-8 Tavern and Grill made application to the City of Maplewood for a
change to the city's comprehensive land use plan from single dwelling residential (R-1) to business commercial
(modified) (BC -M) for the expansion of the restaurant's parking lot.
WHEREAS, this change applies to 2303 Minnehaha Avenue, Maplewood, Minnesota.
WHEREAS, the legal description of this property is: South %2 of Lot 16, Minnehaha Suburban Heights.
WHEREAS, the history of this change is as follows:
On June 19, 2006, the planning commission held a public hearing. City staff published a hearing notice
in the Maplewood Review and sent notices to the surrounding property owners. The planning
commission conducted the public hearing whereby all public present were given a chance to speak and
present written statements. The planning commission recommended that the city council approve the
plan amendments.
2. On July 10, 2006, the city council discussed the land use plan changes. 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 land use
plan change for the following reasons:
This site is proper for and consistent with the city's policies for commercial use. This includes:
a. Require adequate off-street parking and loading facilities.
b. Avoid disruption of adjacent or nearby residential areas.
C. Require commercial developers to make all necessary improvements to ensure compatibility
with surrounding residential uses.
d. Require adequate screening or buffering of new or expanded commercial areas from any
adjacent existing or planned residential development.
2. This development will minimize any adverse effects on surrounding properties because:
a. Expansion of the parking area will supply adequate off-street parking and loading facilities for
the site.
b. The parking lot will be designed in the best manner to avoid disruption of adjacent or nearby
residential areas including locating the parking lot 20 feet from the residential property to the
east and installing a 6 -foot high privacy fence along all shared residential property lines.
Seconded by Councilmember Hjelle Ayes -All
Councilmember Cave moved to adopt the rezoning resolution changing the zoning map from single
dwelling residential (R-1) to business commercial (modified) (BC -M) for the expansion of the 5-8 Tav
and Grill oarkina lot onto an existina sinale-familv lot at 2303 Minnehaha Avenue:
ZONING MAP CHANGE RESOLUTION 06-07-084
WHEREAS, Jill Skogheim of the 5-8 Tavern and Grill has proposed the following change to the City of
Maplewood's zoning map: single dwelling residential (R-1) to business commercial (modified) (BC -M).
WHEREAS, this change applies to 2303 Minnehaha Avenue, Maplewood, Minnesota.
WHEREAS, the legal description of this property is: South %2 of Lot 16, Minnehaha Suburban Heights.
WHEREAS, the history of this change is as follows:
07-10-06 City Council Meeting 10
On June 19, 2006, the planning commission held a public hearing. City staff published a hearing notice
in the Maplewood Review and sent notices to the surrounding property owners. The planning
commission conducted the public hearing whereby all public present were given a chance to speak and
present written statements. The planning commission recommended that the city council approve the
rezoning.
2. On July 10, 2006, the city council discussed the rezoning. 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 change in
the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the zoning code.
2. The proposed change will not substantially injure or detract from the use of neighboring property or
from the character of the neighborhood, and that the use of the property adjacent to the area included
in the proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the community, where
applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical, efficient, and economical
extension of public services and facilities, such as public water, sewers, police and fire protection and
schools.
5. The proposed change is supported by a majority of the neighbors surveyed.
6. The applicant is proposing to use the property in question for a commercial parking lot and not for
residential purposes.
Seconded by Mayor Longrie Ayes -All
Councilmember Juenemann moved to adopt the conditional use permit resolution approving two
conditional use permit for the 5-8 Tavern and Grill at 2289 and 2303 Minnehaha Avenue:
CONDITIONAL USE PERMIT RESOLUTION 06-07-085
WHEREAS, Jill Skogheim of the 5-8 Tavern and Grill applied for two conditional use permits including:
Expansion of a restaurant within the business commercial (modified) (BC -M) zoning district.
2. Expansion of a nonconforming parking lot (20 -foot setback from residential property required, 5 -foot
setback proposed).
WHEREAS, this permit applies to property located at 2289 and 2303 Minnehaha Avenue, Maplewood,
Minnesota. The legal description is:
Minnehaha Suburb Heights: Subject to the highway, the E 60' of Lot 13, the S 148.5' of Lot 14, and the
S %2 of Lot 15, the S %2 of Lot 16, Minnehaha Suburban Heights.
WHEREAS, the history of this conditional use permit is as follows:
On June 19, 2006, the planning commission held a public hearing. City staff published a hearing notice
in the Maplewood Review and sent notices to the surrounding property owners. The planning
commission conducted the public hearing whereby all public present were given a chance to speak and
present written statements. The planning commission recommended that the city council approve the
conditional use permits.
07-10-06 City Council Meeting 11
2. On July 10, 2006, the city council discussed the conditional use permits. They considered reports and
recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional
use permits based on the building and site plans. The city approved this permit because:
The use would not change the existing or planned character of the surrounding area.
2. The use would not depreciate property values.
3. 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.
4. 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.
5. 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.
6. The use would not create excessive additional costs for public facilities or services.
7. The use would cause minimal adverse environmental effects.
Approval of the two conditional use permits is subject to the following conditions:
All construction of the 5-8 Club shall follow the site plan approved by the city. The
director of community development may approve minor changes.
2. The parking lot expansion shall comply with all city engineering requirements as defined in the June 9,
2006, engineering review.
3. The proposed parking lot expansion must be substantially started within one year of council approval or
the permit shall become null and void. The city council may extend this deadline for one year.
4. Remove snow from the parking lot as needed.
5. The city council shall review this permit in one year.
Seconded by Councilmember Hjelle Ayes -All
Councilmember Rossbach moved t
and Grill (2289 Minnehaha Avenue
dans based on
a. Repeat this review in two years if the city has not issued a building permit for this project.
b. Prior to issuance of a grading permit for the parking lot expansion the applicant must
submit the following for staff approval:
1) Revised grading and drainage plan showing the relocation of the driveway to the west, in
line with the first drive aisle. The grading and drainage plan must be approved by the
city engineering department and must comply with all requirements as specified in the
June 9, 2006, engineering review.
07-10-06 City Council Meeting 12
2) Revised site plan showing the following:
a) Relocation of the fence seven feet from the east property line.
b) Relocation of the driveway to the west, in line with the first drive aisle.
C) All new parking stalls 18 feet deep.
d) Reduction in the new drive aisles to 20 and 19.5 feet wide and posting the drive
aisles as one-way traffic with arrows and signs.
e) Replacement curbing (to match existing) along Minnehaha Avenue from the west
side of the existing driveway entrance up to west side of the new driveway
entrance.
3) Fence elevations showing style, height, materials, and color; and also specifications on
which portions, if any, of the existing fence will remain.
4) Revised landscape plan showing the following:
a) Sizes of all proposed plants.
b) A detailed plan of the plantings on the west side of the fence to include at least 1
tree and 18 shrubs.
C) A detailed plan of the plantings on the east side of the fence to be approved by
the property owner of 2311 Minnehaha Avenue prior to planting.
d) A detailed plan of the plantings proposed in the rainwater garden.
e) A detailed plan for the area north of the Stillwater Road driveway to include
hearty plants and/or decorative boulders.
f) The replacement of all dead or unhealthy plants previously required.
g) The location of all sprinkler heads for the required underground irrigation system
(code required).
h) In addition to the above, all common grounds shall be sodded (except for
mulched and edged planting beds).
5) A revised photometrics plan showing the light illumination from all exterior lights not
exceeding .4 foot candles at all property lines.
6) Obtain a permit from the Ramsey County Public Works Department for the relocation of
the Minnehaha Avenue driveway.
7) Obtain a permit, if required, from the Ramsey Washington Metro Watershed District for
the grading of the expanded parking lot.
8) Submit a cash escrow or an irrevocable letter of credit for all required exterior
improvements. The amount shall be 150 percent of the cost of the work.
C. Prior to final inspection of the expanded parking lot by the city the applicant must:
1) Complete all required exterior improvements including parking lot, screening fence,
landscaping, underground irrigation, and exterior lighting.
07-10-06 City Council Meeting 13
2) Repair all portions of the existing fence (unless a new fence is installed) that are broken
or loose. At a minimum, the applicant must replace the existing fence located on the
east property line.
3) Stain the existing fence (unless a new fence is installed) and the patio boards to match
the new fence.
4) Install the required replacement curb along Minnehaha Avenue.
5) Replace any property irons removed because of this construction.
d. All work shall follow the approved plans. The director of community development may approve
minor changes.
Seconded by Councilmember Hjelle Ayes -All
Councilmember Juenemann moved to direct staff to implement no parking restrictions on Minnehaha
Avenue near the establishment.
Seconded by Councilmember Cave Ayes -All
A recess was taken until 10:00 p.m.
3. Legacy Village Townhomes (County Road D and Kennard Street)
Comprehensive Plan Amendment (BC to R -3(H)) (4 votes)
PUD Revision
Preliminary Plat
Design Approval
a. Senior Planner Ekstrand presented the report.
b. City Engineer AN provided further specifics from the report.
C. Planning Commission Fisher presented the Planning Commission report.
d. Boardmember Ledvina presented the Design Review Board Report.
e. Frank Janes, Harford Group was present for council questions.
Councilmember Rossbach moved to deny the comprehensive land use plan amendment from BC
(business Commercial) to R3H (high density residential) for a 1 %2 acre parcel planned or an office
building in Legacy Village and to deny the PUD revision to allow townhomes on this site.
Seconded by Councilmember Juenemann Ayes -All
4. Conditional Use Permit Revision — Liberty Classical Academy (2696 Hazelwood Street)
a. Planner Roberts presented the report,
b. Rebecca Hagstrom, Director of Liberty Classical Academy, was present for council questions.
C. Planning Commissioner Fisher provided the Planning Commission Report.
Councilmember Rossbach moved to adopt the followina resolution revisina and extendina the time fo
revision adds a school to the approved uses (the church ar
permit revision on the findings required by the code and su
are underlined and deleted words are crossed out):
care). Maplewood bases this
followina conditions (new words
07-10-06 City Council Meeting 14
CONDITIONAL USE PERMIT REVISION RESOLUTION 06-07-086
WHEREAS, First Evangelical Free Church and Liberty Classical Academy applied for a revision of the
conditional use permit for a PUD to add a school as a land use to the building at 2696 Hazelwood Street that
now has a church and day-care;
WHEREAS, the PUD now includes the 75 -unit, Hazel Ridge Seniors' Residence, a church and a day
care center;
WHEREAS, this permit applies to 2696 and 2730 Hazelwood Street. The legal descriptions are:
PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT
OF SE'/4 DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH N ON SD EL
341.4 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH S 133 FT TH S 88 DEG 55 MIN 02 SEC E
33 FT TH S 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S
88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE) IN SEC 3 TN 29 RN 22.
(PID 03-29-22-43-0007)
2. PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT
OF SE'/4 DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH S ON SD EL
458.6 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH N 667 FT TH S 88 DEG 55 MIN 02 SEC E
33 FT TH S 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S
88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE & ESMT) IN SEC 3 TN
29 RN 22. (PID 03-39-33-43-0008)
WHEREAS, the history of this conditional use permit is as follows:
1. On June 19, 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 July 10, 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:
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.
07-10-06 City Council Meeting 15
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 plans that the City stamped July 24, 1995, subject to the following
conditions:
a. All construction shall follow the site plan approved by the city and the school shall follow the
building and floor plans submitted to the city. The Interim Director of Community Development
may approve minor changes. The City Council may approve major changes.
b. Dropping the two parking spaces along the south property line at the east end of the parking lot.
2. The proposed school use on the property parking lot expansion construction must be started within one
year after the council approves this revised permit or the permit shall end. The Council may extend this
deadline for one year.
3. The council shall review this permit revision in one year.
4. The school shall have no more than 500 students.
5. The property owner or manager shall sweep and restripe the parking lot before the school occupies
their space. This shall include having the required handicapped parking spaces in the parking area
near the building entrance.
6. The school, the church, the fire marshal and the city building official shall agree on a plan for the school
and the church to make any necessary or required life safety and building improvements to the
building. This plan shall include the installation and maintenance of:
a. The required fire protection (sprinkler) systems.
b. An early warning fire protection system (smoke detection and monitoring).
c. Additional emergency lights and exit signs (if necessary).
d. Updated doors and hardware (if necessary).
e. A proper address on the building.
f. Any other changes the fire marshal or the building official deem necessary.
Seconded by Mayor Longrie Ayes -All
5. Desoto/Skillman Area Street Improvements, City Project 06-16: Resolution Ordering
Preparation of Feasibility Study
a. City Engineer Ahl presented the report.
Councilmember Hjelle moved to adopt the following resolution ordering the preparation of the
feasibility study for the Desoto -Skillman Area Street Improvements, Project 06-16:
RESOLUTION 06-07-087
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the Desoto -Skillman Area Streets, City
Project 06-16, and to assess the benefited property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429,
07-10-06 City Council Meeting 16
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is
instructed to report to the council with all convenient speed advising the council in a preliminary way as
to whether the proposed improvement is necessary, cost effective and feasible and as to whether it
should best be made as proposed or in connection with some other improvement, and the estimated
cost of the improvement as recommended.
FURTHERMORE, funds in the amount of $40,000 are appropriated to prepare this feasibility report.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Rossbach moved to proceed until all agenda items were addressed.
Motion died for lack of a second.
Mayor Longrie moved to waive the rules of city council meeting policies and procedures for
continuation of a City Council meeting.
Seconded by Councilmember Cave Ayes -All
Mayor Longrie moved to address the remaining agenda items at 5:00 p.m. on Wednesday, July 12tH
Seconded by Councilmember Hjelle Ayes -All
Mayor Longrie adjourned the meeting at 11:12 p.m.
CONTINUATION OF MEETING
MAPLEWOOD CITY COUNCIL
5:00 P.M. Wednesday, July 12, 2006
Council Chambers, City Hall
Meeting No. 06-18
6. Authority to Apply to the Met Council for a Livable Communities Grant for Gladstone
Redevelopment
a. City Engineer Ahl presented the report.
Councilmember Rossbach moved to adopt the following resolution providing project direction and
authorization to submit a livable communities arant application to the metropolitan council:
RESOLUTION NO. 06-07-081
A RESOLUTION PROVIDING PROJECT DIRECTION AND AUTHORIZATION TO SUBMIT A LIVABLE
COMMUNITIES GRANT APPLICATION TO THE METROPOLITAN COUNCIL
WHEREAS, in March 2004, the Maplewood City Council established a top priority to be the
redevelopment of the Gladstone area; and,
WHEREAS, in December of 2004, the City of Maplewood initiated a redevelopment planning process
for the Gladstone area generally defined as the area along Frost Avenue between US Highway 61 and
Hazelwood Street N and the area along English Street between Ripley Avenue and the Gateway Trail; and,
WHEREAS, the City has an approved Comprehensive Plan that establishes future land use patterns in
the Gladstone area consisting of open space, single and double dwelling residential, light manufacturing and
07-10-06 City Council Meeting 17
business commercial and that addresses public facilities and implementation strategies; and,
WHEREAS, the Gladstone area contains a number of older commercial uses and parcels that
demonstrate signs of obsolescence, inefficient land use and site layout and other signs of a need for
revitalization; and,
WHEREAS, the City is aware of a number of properties within the project area that are likely to
redevelop in the near future and the desired development patterns are not likely to be consistent with the
current Comprehensive Plan; and,
WHEREAS, in January 2005, the City Council established a 20 -person Task Force of property owners
and local residents to provide recommendations to the City Council on various alternatives; and,
WHEREAS, the master planning effort has provided a plan that establishes a vision and future land use
plan to guide redevelopment efforts on an area wide basis as opposed to reacting to individual redevelopment
proposals; and,
WHEREAS, the master planning effort has resulted in a concept that explores higher density housing
development on redeveloped parcels within the project area and limited neighborhood commercial uses; and,
WHEREAS, the development concept is supported by a range of public improvements to area park and
open space systems, roadway improvements, streetscape enhancements, burial of overhead utility lines, and
storm water management systems; and,
WHEREAS, on August 8, 2005, the Maplewood City Council adopted a resolution directing the
preparation of an Alternative Urban Areawide Review (AUAR), which is a substitute form of environmental
review that replaces an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement
(EIS) as provided for in Minnesota Rules Chapter 4410.3600 and is a more appropriate form of environmental
review that evaluates cumulative impacts resulting from multiple re -development projects spread over a larger
area; and,
WHEREAS, over the last two years the City has conducted a number of public meetings to discuss and
evaluate various redevelopment concepts as presented by private developers, neighborhood groups and
interested landowners, including conducting a Public Hearing on April 18, 2006; and,
WHEREAS, the City Council has provided comments and questions on the Draft Master Plan and
conducted two Work Sessions to discuss and debate the merits of the overall development plan.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Maplewood, County of Ramsey,
State of Minnesota, hereby provides for the following:
1. Authorize staff to develop a Planning Document based upon a revised Master Planning
Document for the Gladstone Redevelopment Initiative at the flowing development levels and public
improvement investment:
Business Retention
Work with Gladstone businesses to encourage them to remain in the neighborhood after
redevelopment begins Do so by promoting loans and grants available for business owners.
Development on the Savanna
Do not allow any building development—only natural development with minimal historic public
structures. Improvements to the Savanna should be one of the first public improvements made
in the neighborhood Efforts should be made to explore conservation easements or other legal
forms to protect this parcel for future generations and until such protections are in place, no sale
of Savanna or park land shall occur as part of the Gladstone project.
07-10-06 City Council Meeting 18
Savanna Improvements
Only natural improvements should be allowed. This includes savanna restoration as a natural
open space.
Flicek Park Improvements
Make limited changes to Flicek Park. Any changes to Flicek Park will be enacted by the council
based upon recommendations of the parks commission and park -planning staff.
Culvert/ Bebo Improvements
Modify the plan so that it includes other options for a pedestrian/storm water system in this area
including enhanced pedestrian and bicycle safety at the roundabout and trail intersections. The
bebo should be considered optional for consideration later and is not specifically included as
part of the overall project plan.
Density
The allowed density shall be a maximum of 650 housing units. This can only be achieved
based on a system of to -be -established density bonuses and project goals. The minimum
density established shall be based upon the existing land -use and zoning within the area. The
density bonuses and project goals shall focus on providing credits to developments which
provide increased Senior Housing, Senior Assisted Living Housing, Accessible Senior Housing,
Underground Parking and green building construction as the primary target focus points.
Building Height Issues
In general, lower buildings are required when they are closer to the street. They can go higher
as the building mass is further set back, up to four stories.
Buildina Setback. Massina and Scale Issues
Identical to building height criteria—buildings with greater mass should be set further back to be
less imposing from street view. Care should be taken to "blend" the scale of the new buildings
with the existing.
Power Line Burial
Support for the burial of power lines at a reduced cost or alternative financing methods.
Eminent Domain
There is no support for the use of eminent domain to achieve project goals
Level of Public Improvements–Frost Avenue Improvement
The likely investment will range to a maximum of $14 million to $15 million in public installed
improvements, although efforts shall be explored to have the developers install as much of the
infrastructure as practical. The goals shall include reduction or removal from the Master Plan in
the amount of center median along Frost Avenue, using trees to create a colonnade along Frost
Avenue and making Frost Avenue narrower by use of restriping. Limited use of irrigation
systems is encouraged. The Roundabout at Frost Avenue and East Shore Drive should be
explored further to see if other alternatives might be more effective. The priority for
improvements shall be Savanna upgrades.
07-10-06 City Council Meeting 19
Phase I of the Gladstone project shall focus improvements on the western end of the project
area and shall include improvement to the transportation and drainage components of the
project. This shall include exploration of improvements to bus service within the area, the
installation of improvements to facilitate the construction of bus shelters, a possible roundabout
at Frost Avenue and East Shore Drive, improvements to the TH 61 and Frost intersection, area
trail connections and improvements, the existing Frost Avenue bridge and the drainage
improvements on the western end of the project, along with possible Savanna improvements.
The value of these improvements is hereby authorized up to a maximum of $2.5 million. The
City Engineer is hereby directed to prepare a feasibility analysis of a project to this amount.
Use of Tax Increment Financin
The goals of the project shall be to limit or eliminate the use of Tax Increment Financing. The
Phase I — Gladstone project improvements shall be explored with a goal of using zero Tax
Increment Financing. The direction shall be to explore alternative financing through grants and
development contributions through assessment and project payments.
2. Authorize the staff to prepare and submit a Livable Communities Demonstration Grant Application to
the Metropolitan Council prior to the due date of July 17, 2006.
3. Authorize the Public Works Director to assemble an Implementation Team which shall include the City
Park and Recreation Director, the City Finance Director, the City Senior Planner, the City Planner, the
consultant Master Planner and the consultant Engineer to develop the following reports and plans:
A. A Prioritized Public Improvement Plan, including a suggested timing schedule for
implementation based upon a 3-5 year project build out.
B. A Prioritized Development Plan, including a listing of potential development parcels that
potentially provided for the first project within the Development Area based upon the TIF
District and Public Improvement Plan.
C. A Preliminary Planning and Zoning Analysis that provides an evaluation of the land -use and
zoning needs to achieve the provisions of the Planning Document.
4. Appropriate $50,000 to the Gladstone Project Fund from future project revenues to pay for the Planning
Consultant, Engineering Consultant and Financial Advisory Consultant noted above within the
Implementation Team. The Public Works Director is hereby authorized to administer the contracts for
said consultants up to the $50,000 maximum.
Seconded by Mayor Longrie Ayes -All
M. COUNCIL PRESENTATIONS
National Night Out
Councilmember Juenemann encouraged all residents to participate in National Night Out on
August 1, 2006. Further information is available on the city website.
2. Data Practices
Councilmember Rossbach stated concerns regarding potential exposure to liability during the
processing of a data practices request made by Mayor Longrie and issued by Interim City
Manager Copeland.
Mr. Rossbach asked specific questions of Mayor Longrie and Interim City Manger Copeland as
to the process that was followed.
07-10-06 City Council Meeting 20
City Clerk Guilfoile, Responsibility Authority for the city, read a statement into the record.
3. Dragon Festival
Councilmember Cave shared the success of the Dragon Festival which was held at Phalen
Lake and Park July 8 -9th.
Councilmember Cave shared her disappointment in what she felt was a lack of support from
other councilmembers for the preservation of open space in reference to the Carver EAW.
4. White Bear Avenue Parade
Councilmember Hjelle confirmed Councilmembers would not be riding on fire trucks in the White
Bear Avenue parade.
5. Tartan Ice Board
Councilmember Hjelle announced he and Councilmember Cave attended the last meeting of the
Tartan Ice Board and will be bringing forward a few issues to the council in the near future (i.e.
zamboni purchase).
6. David Schultz Report
Councilmember Hjelle shared concerns and disappointment with Mr. David Schultz's "gossip
column".
Councilmember Hjelle questioned the status of various pending legal issues.
7. City Manager Investigation/Councilmembers Rossbach's Report
Councilmember Hjelle questioned the attempt to distribute the summary report on the internal
background investigation of Interim City Manager Copeland. Also, the attempt to distribute a
report prepared by Councilmember Rossbach regarding the same. Councilmember Hjelle
stated that he had not accepted or reviewed either report
N. ADMINISTRATIVE PRESENTATIONS
Report on Enhanced Code Enforcement Program
Interim Community Development Director Fisher provided an update on the improvements and
progress of the Enhanced Code Enforcement Program.
2. Report on Unified Building Maintenance Program
Due to time constraints, this item tabled to a future meeting.
3. Transition Period to Seek Legal Counsel
Interim City Manager Copeland updated council on the transition to seek legal counsel.
Kelly & Fawcett will continue to provide prosecutorial services until new counsel is
ascertained. The RFP (Request for Proposal) progress has begun, with a goal set of 45
days to appoint a new City Attorney.
Councilmember Cave moved to accept the resignation of Kelly & Fawcett and to appoint
Knaak & Kantrud as the civil Interim City Attorney.
07-10-06 City Council Meeting 21
Seconded by Councilmember Hjelle Ayes -All
Mayor Longrie moved to retain Kelly & Fawcett as the City Attorney during the transition
period as prosecutorial counsel for the city until the RFP process is completed.
Seconded by Councilmember Hjelle Ayes -All
O. ADJOURNMENT
Mayor Longrie adjourned at 7:00 p.m.
07-10-06 City Council Meeting 22
Memorandum
To: Maplewood City Council
From: The Owners of 2516 Linwood Avenue East
Date: July 10, 2006
RE: Dahl.Avenue, Street and Utility Improvements for
Woodhill Development, City Project 05-10
On September 28, 2005, you requested your ex -attorney's (Patrick Kelly) opinion on ownership
issues affecting certain property legally described as:
The West Quarter of the Northeast quarter of the Northwest Quarter of the Northeast
Quarter and the Northwest Quarter of the Northwest Quarter of the Northeast Quarter
(subject to road) all in Section 13, Township 28, Range 22, Ramsey County,
Minnesota.
Said property was to be assessed in conjunction with the above -referenced project. The parties
requesting said assessments and project do not (and did not) own this property.
BACKGROUND
October 17, 2005, David Ramberg sent a memorandum (See Attachment A) to Maplewood's
Director of Public Works, Chuck Ahl. That memo contained many lies and half-truths that were
designed to misinform Mr. Ahl as to the true nature of the ownership of the subject property.
On November 3, 2005, Chuck Ahl sent a memorandum (see Attachment B) to Maplewood's City
Manager, Richard Fursman. That memo resulted in the circulation of Ramberg's misinformation
in his October 17th memo to the remainder of Maplewood's staff.
ADDITIONAL INFORMATION
Proof that Evelyn Wallace owns the subject property is on file with Ramsey County, and it has been
on file with Ramsey County for many years. (See Attachment C) If your ex -city attorney had truly
wished to see who actually owned that property, the records of the Ramsey County Recorder are (and
were) open for anyone to see. By refusing to perform the task of looking at the public records,
Patrick Kelly performed a severe disservice for Maplewood.
SUMMARY
The incompetent and/or unlawful actions of Maplewood's ex -city attorney (Patrick Kelly) have
placed Maplewood in a dangerous position wherein the entire city staff is in danger of becoming
accessories to his misdeeds and/or crimes. Immediate remedial action is thus demanded.
ATTACHMENT A
ANNOTATED
MEMORANDUM DATED OCTOBER 179 2005
FROM DAVID RAMBERG
TO CHUCK AHL
In this document, added comments to the original text are inside brackets [ ] and are in bold type.
While reading this memo, be aware of the following facts:
1. From 1952 to this very day, The Ramsey County Recorder has always shown Evelyn Wallace to be
the owner of 2516 Linwood in Maplewood, and she held this property in Joint Tenancy With Right
of Survivorship (JTWRS) with James Kayser at the time of his death on June 3, 2003.
2. The Estate of James Kayser never contested Wallace's JTWRS status.
3. Since JTWRS property passes outside of Probate, the will of James Kayser meant nothing.
4. Since Evelyn Wallace was never involved in the Probate proceedings, they meant nothing.
MEMORANDUM
To: Chuck AN
From: Dave Ramberg
Date: October 17, 2005
RE: Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05-10
On September 28, 2005, you requested our opinion on ownership issues affecting certain
property legally described as:
The West Quarter of the Northeast quarter of the Northwest Quarter of the
Northeast Quarter and the Northwest Quarter of the Northwest Quarter of the
Northeast Quarter (subject to road) all in Section 13, Township 28, Range 22,
Ramsey County, Minnesota.
Said property is to be assessed in conjunction with the above -referenced project. This property
has been the subject of multiple lawsuits initiated by or on behalf of, Evelyn Wallace and her two
children William Kayser and Nancy Lazaryan.I It is our opinion that Benchmark Companies
owns the property and that the progeny of lawsuits challenging its ownership is without merit.
[Ramberg makes this statement while ignoring the fact that the Ramsey
County Recorder lists Evelyn Wallace as the fee owner of said property.]
BACKGROUND
On January 9, 2001, James H. Kayser executed his last will and testament. In his will, James
Kayser devised 60% of the residue of his estate to his spouse, Jesusa Kayser, and 40% of the
residue to his two minor children, Karen and Kenneth Kayser. James Kayser "specifically
disinherited all other parties not specifically named" in his will. This group of disinherited parties
included, among others, Nancy Lazaryan and William Kayser.
James Kayser died on June 3, 2003. An application for informal probate of the will followed.
Nancy Lazaryan and William Kayser objected, arguing that decedent lacked testamentary
capacity. Special administrator Ronald Riach moved for summary judgment. In May 2004, the
district court granted his motion on some of the issues but denied his motion on the issue of
testamentary capacity.
1 Evelyn Wallace is a former spouse of James Kayser. William Kayser and Nancy Lazaryan are their children from
that marriage.
The three paragraphs describing what occurred are taken from the recent Appellate Court
decision of Estate of James H. Kayser, Decedent, A04-1910 (Minn. Ct. App. June 28, 2005),
review denied (Minn. Aug. 24, 2005).
Sometime before June 16, 2004, the locks on decedent's homestead were changed
and "no trespassing" signs were posted on decedent's property. On June 17, 2004,
Evelyn Wallace faxed Riach a letter claiming that she had taken possession of
decedent's homestead. The next day, the district court granted Riach's request for a
temporary restraining order prohibiting Wallace and [Nancy Lazaryan and
William Kayser] from entering decedent's homestead. After a hearing, the district
court issued a temporary injunction prohibiting Wallace, [Nancy Lazaryan and
William Kayser], or their agents from entering decedent's homestead. Within a
day or two after the issuance of the temporary injunction, [Nancy Lazaryan and
William Kayser] or their agents returned to decedent's property and again changed
the locks.
On July 1, 2004, Wallace and Nancy Lazaryan and William Kayser filed a lawsuit
against the Ramsey County district court judge who had presided over the probate
proceedings; Riach; and several other parties; alleging various violations of state
law in connection with the issuance of the temporary injunction against Wallace
and Nancy Lazaryan and William Kayser2. That same day, Nancy Lazaryan and
William Kayser filed a request to remove the judge from the probate proceedings.
Their request ultimately was denied for failure to affirmatively show prejudice.
At trial in August 2004, the district court heard testimony regarding decedent's
testamentary capacity from four witnesses. The district court found that decedent
had testamentary capacity when he executed his will and dismissed appellants'
remaining objections to the probate of the will. The district court also determined
that a permanent injunction was necessary to protect decedent's homestead from
damage caused by Wallace and Nancy Lazaryan and William Kayser.
Id., at 1. Among other things, the district court found [This is wrong. The finding was by the
District Court, Probate Division] that James Kayser's "homestead, located [at] 2516 Linwood
Avenue East... was owned in fee simple by the Decedent and is a probate asset, rightfully under
the control of the Special Administrator." (J. Marrinan's Order, Finding of Facts, ¶ 30.) The court
also found that "Evelyn Wallace, formerly Evelyn Kayser, and Robert L. Wallace, her husband,
executed a Quit Claim Deed to the homestead in favor of James H. Kayser on October 5, 1978,
which Deed was recorded... An Amended Judgment and Decree dated October 6, 1978 was filed
in the above described dissolution action and recorded... awarding the homestead to the
Decedent, James H. Kayser..." (Id., $ 35.) The court found "The title insurance commitment
issued by Chicago Title Insurance Company with an effective date of May 9, 2004 correctly
identifies the Decedent as the owner of the real estate..." (Id., ¶ 39.)
2 That lawsuit was eventually dismissed by Judge Harry Crump. The dismissal was upheld by the Court of Appeals
in Lazaryan v. Judge Marrinan of the Ramsey Couno) District Court in her Capacity) Personally, A05-28 (Minn. Ct.
App. Sept. 6, 2005).
4
In addition to these findings of fact, the district court [Wrong again. The finding was by the
District Court, Probate Division] made the following conclusion of law. "Evelyn Wallace, William
Kayser and Nancy Lazaryan have no right, title, or interest in or to the property... which property
is owned in fee by James H. Kayser, deceased." (J. Marrinan's Order, Conclusions of Law, ¶ 3.)
The court granted the permanent injunction [By merely granting an injunction and not ordering a
change to the Ramsey County record so as to remove Evelyn Wallace from title, the Probate Court
proved that it was without jurisdiction to adjudicate title to the property] noted above, stating:
Evelyn Wallace, William Kayser, and Nancy Lazaryan, their agents, servants, employees,
attorneys, and those persons in active concert and participation with them who receive
actual notice of this Order by personal service or otherwise, are hereby prohibited and
restrained from entering upon the property located at 2516 Linwood Avenue East,
Maplewood, Minnesota.
(J. Marrinan's Order at 8, ¶ 2(a).) It further ordered the return of all personal property they
removed from the property (Id., ¶ 2(b)) and discharged the Notice of Lis Pendens3 filed June 15,
2004 (Id. at 9, ¶7). [Wrong. The Lis Pendens remains in force.]
Nancy Lazaryan and William Kayser then challenged on appeal the issuance of the permanent
injunction, the denial of their request for removal, and the dismissal of their objections to the
probate of decedent's will. In June of 2005, the Court of Appeals upheld the lower court's
decisions. See, Estate of James H. Kayser, Decedent. The following month, the Minnesota
Supreme Court declined to further review the matter.
Immediately the Appellate Court's decision, Nancy Lazaryan filed a motion to hold Mr. Riach in
contempt of court. In response, the District Court issued an order 1) declining to entertain the
motion, and 2) prohibiting Ms. Lazaryan and Mr. Kayser from filing any further pleadings in the
case.
In July of 2005, Evelyn Wallace then filed a Complaint for Quiet Title of the property. Ms.
Wallace named Mr. Riach (as representative of the estate) and Ramsey County District Court as
defendants in the matter. (and unknown parties) Ms. Wallace further sought a temporary
injunction. By order dated July 15, 2005, District Court Judge Robert Lynn denied Ms. Wallace's
request for a temporary injunction noting:
The relief sought by Ms. Wallace has already been litigated and decided adversely
to her position in the underlying action. These findings have been upheld
recently... [by] the Court of Appeals.... There is no likelihood Plaintiff will
succeed on the merits of her underlying claims. Rather, she, with the support of
certain family members, seems to believe it proper to file new lawsuits. It is not.
3 A Notice of Lins Pendens serves to place a party on notice that the relevant property is the subject of litigation.
One acquiring an interest in the property during the pending action takes it subject to the outcome of the suit.
3
Judge Lynn then set the matter on for a hearing, to -consider the dismissal of the lawsuit. The
hearing took place on August 30, 2005. At the hearing, Assistant Attorney General John Garry
appeared on behalf of the defending court, attorney Ronald Riach appeared on behalf of the
defending estate, and attorney Patrick Tierney appeared on behalf of plaintiff Wallace.
By Order of September 20, 2005, Judge Lynn granted Defendants' motion of summary judgment
and dismissed Plaintiff's quiet title action. The court found that "Plaintiff [previously] had a full
and fair opportunity to be heard on the ownership issue or that those in privity with Plaintiff (i.e.
Ms. Lazaryan and Mr. Kayser) had a full and fair opportunity to be heard on the ownership
issue." (J. Lynn Order at 11.) The court stated: "It is clear, from the above discussion on
collateral estoppel, that Plaintiff has no legal interest in the Property and, therefore, no legitimate
basis for a quiet title action." (Id. at 13.) The court concluded that, "Plaintiff is estopped from
claiming she has an interest in the Property and there is, therefore, no basis for a quiet title
action." (Id. at 15.)
[Ramberg fails to inform Maplewood that Lynn's Order determined that the
ownership issue was determined in a hearing for an injunction in the probate
division. Ramberg fails to inform Maplewood that title to property, as a matter
of law, cannot be determined in such a hearing for injunctive relief. Ramberg
fails to inform Maplewood that Wallace appealed Lynn's Order (based upon said
matter of law), and that said appeal is pending.]
Notably, Mr. Riach sought and partially received attorneys' fees, sanctions, and the like. The
court found as follows:
In considering Plaintiff's culpability and ability to pay, the Court finds that
Plaintiff must pay any costs and disbursements imposed in this case, and must
post a $2,000 cost bond before filing any action in Minnesota in relation to the
Maplewood property and/or the estate of James H. Kayser. This is the least
restrictive sanction to deter Plaintiff's conduct. The Court notes that if Mr. Kayser
and Ms. Lazaryan were parties to this action, the Court would impose on them the
attorneys' fees of Riach, as well as the sanctions imposed on Plaintiff.
(Id. at 14-15.)
It is also worth noting that on September 19, 2005, William Kayser attempted to effectuate
service of the Complaint for Quiet Title upon the City of Maplewood (on behalf of Ms. Wallace).
It is our position that, however, that service was improper and the City is not legally required to
answer the complaint. Given the seriousness of Mr. Kayser's actions, however, the City would
nonetheless be compelled to respond under normal circumstances. Although Judge Lynn has
dismissed Plaintiff's case, service was attempted prior to the issuance of his order (albeit
subsequent to the hearing for summary judgment).4
4 It is not this fact that we believe constitutes ineffective service, but rather Plaintiff's failure to properly amend the
Complaint.
0
Through multiple phone calls and correspondence with Plaintiffs attorney, our office has
negotiated the following (temporary) resolution. Plaintiff has agreed to grant the City an
indefinite extension to answer or otherwise plead on the matter. In the alternative, Plaintiff will
have the City dismissed from the current action, or seek clarification that the City is already
effectively dismissed. We have assured Plaintiffs attorney that should the City be forced to file a
response in this action it will seek costs, attorneys' fees and sanctions.
It is our position that this suit, like its predecessors, is without merit. We believe the numerous
court rulings on the matter confirm this. It is our opinion that the property that the City now
wishes to assess was owned by the estate of James Kayser and properly conveyed to Benchmark
Companies and Nedegaard Custom Homes, Inc. We do not believe that Evelyn Wallace, William
Kayser or Nancy Lazaryan hold any interest in the property.
ADDITIONAL ASSURANCES
In its Development Agreement for Woodhill Development City Project 05-10, the Developer
Nedegaard "warrants that he is the owner of the property proposed for the construction of the
Woodhill development and maintains all rights and obligations necessary to construct the said
improvements and to incur any property obligations." (Agreement at 1, ¶ 1.) The Developer
further agrees to "reimburse any costs incurred by the City for engineering, legal, and
administrative services, associated with the project." (Id. at 3, ¶ 7). The Developer further agrees
as follows:
the City of Maplewood City Council and its agents or employees shall not be
personally liable or responsible in any manner to... any other person or persons
whomsoever, for any claim demand, damages, actions or causes of action of any kind
or character arising out of or by reason of the execution of this agreement or the
performance and completion of the work or the improvements provided herein, which
the DEVELOPER will save the CITY harmless from such claims, demands,
damages, actions or causes of action or the costs disbursements and expenses of
defending the same, specifically including... costs of legal services rendered in
connection with defending such claims as may be brought against the CITY.
[A fatal defect of this clause is that Maplewood was fully noticed of Wallace's claims
at the time it considered the proposal from Woodhill. Therefore, Maplewood has "dirty
hands" and this clause does not protect it from a lawsuit by Wallace.]
(Id. at 5, ¶ 18.) Although the foregoing provides the City certain protections and assurances, we
do not base our recommendation on them. Rather, we submit our recommendation based on our
understanding of the relevant facts and application of law.
[These warranties have now been shown to be worthless by the failure of said
developer to pay the property taxes that have become delinquent on this development
as of May 16, 2006. Specifically, the developer is a Limited Liability Corporation, and
this means that he can let his company go bankrupt with no impact on his personal
property. The fact that the developer is showing himself to be unable to pay the taxes
is a sign that he might be about to choose to get out of this problem with a bankruptcy
and leave the entire mess in Maplewood's lap.]
5
SUMMARY
It is our opinion that the property the City now wishes to assess was owned by the estate of James
Kayser and properly conveyed to Benchmark Companies and Nedegaard Custom Homes, Inc.
This remains our position notwithstanding the numerous lawsuits filed on behalf of Evelyn
Wallace, William Kayser and Nancy Lazaryan to the contrary. Accordingly, we believe the
dedication of certain land to the City, as well as the notice'and assessment of land addressed
herein and contemplated at this time, is both legal and proper.
Today, the Developer continues to fail to dedicate those certain lands (eight acres of Applewood Park)
to the City of Maplewood. The reason for his failure is simple — he cannot dedicate that which he does
not own.
If the developer actually owned the land, he would have dedicated it to Maplewood. The only possible
reason for the developer to not dedicate it is because he does not own it. And the only reason why the
developer would not own it is because Evelyn Wallace actually owns it.
Since the developer's failure to dedicate proves that Evelyn Wallace owns the land that was to have
been dedicated, that failure also proves that she owns the rest of the property. This remainder of the
property includes the property that was subdivided against her wishes by Maplewood.
Maplewood's ex -city attorney, Patrick Kelly, was powerfully motivated to keep Evelyn Wallace from
returning to her property. This means that he had a powerful motive for encouraging Maplewood to
subdivide Wallace's property against her wishes and to destroy her home. This motivation stems from
his failure to properly supervise Maplewood's purchase of Evelyn Wallace's property in 9995 for what
is now called Applewood Park.
This supervisory failure resulted in Maplewood actually not acquiring fee ownership of the property
that is now Applewood Park, Instead, Maplewood owns only part or none of that park property.
The result of all this is that rather than being a simple mistake, Patrick Kelly's actions have turned
Maplewood's attacks on Evelyn Wallace into premeditated malicious assaults. To avoid becoming
accessories in his crimes, it is vital that this Maplewood City Council takes immediate steps to reverse
each and every action that was part of Kelly's unlawful deeds.
ATTACHMENT B
ANNOTATED
MEMORANDUM DATED NOVEMBER 3, 2005
FROM CHUCK AHL
TO RICHARD FURSMAN
Agenda Item H1
In this document, added comments to the original text are inside brackets [ ] and are in bold type.
While reading this memo, be aware of the following facts:
1. The claimed future removal of Evelyn Wallace from fee ownership of 2516 Linwood never occurred.
2. The developer who pushed for this approval has failed to pay the property taxes on this land.
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Public Works Director/City Engineer
Erin Laberee, Assistant City Engineer
SUBJECT: Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05-10
— Resolution Considering Dismissal of Assessment Objection Related to Property
Ownership
DATE: November 3, 2005
INTRODUCTION
On October 24, 2005, the City Council conducted an Assessment Hearing for the Dahl Avenue
Improvements, City Project 05-10. One objection was filed at the hearing from William Kayser on behalf of
Evelyn Wallace claiming that Evelyn Wallace was the rightful owner of the property. Based on advice from
the City Attorney, this objection should be denied.
Background
Dahl Avenue is a new public street constructed for the Woodhill Development. The proposed assessments
for the Dahl Avenue Street and Utility Improvements are for costs relating to the street and utility
construction that benefit the adjacent properties. The assessment is to property, not individuals, and the
City is not a party nor was involved in the lawsuits over the Woodhill Development. The assessment
objection claim of Mr. Kayser and a further claim that staff (Chuck Ahl) lied to the Council at the October
24, 2005 meeting is not supported by the facts. Attached is a copy of Mr. Kayser's objection form. Mr.
Kayser also left a voice mail and e-mail claiming staff provided the Council incorrect information.
Attached is the explanation of the lawsuits filed by Mr. Kayser on behalf of Evelyn Wallace. The City
Attorney summarizes the results of these lawsuits as follows:
It is our position that this suit, like its predecessors, is without merit. We believe the numerous court
rulings on the matter confirm this. It is our opinion that the property that the City now wishes to
assess was owned by the estate of James Kayser and properly conveyed to Benchmark
Companies and Nedegaard Custom Homes, Inc. We do not believe that Evelyn Wallace, William
Kayser or Nancy Lazaryan hold any interest in the property.
Property Ownership Issue
Mr. Kayser claims that Ramsey County records still show Evelyn C Wallace as the property owner. Mr.
Kayser must be referring to a query search of GIS property records. City staff checked with Ramsey
County Office of Registrar officials and determined that they are currently up to June 26th for records in the
Abstract Office and June 7th for records in the Torrens Office, as of November 3`d. Many of the property
orders identified in the City Attorney memo occurred in September 2005 and will not be identified in the
Ramsey County website data. for another 3-4 months. Mr. Kayser's claim is not valid, as the website data
isnot legal information. Denial of his claim is recommended.
[Guess what? Eight months have elapsed since this memo, and Ramsey County
stili shows that Evelyn Wallace own the land. Did Kelly ever tell you that she still owned
the land, even after the supposed document that was to have taken her our of ownership
had been recorded? NO!
Besides, who makes recommendations based on unknown possibilities? The city
attorney says that our claim is invalid, based on a possible future event (an ownership
change resulting from something that supposedly occurred in three months in the past
but that will not take effect until three months in the future.)]
Agenda Item H1
RECOMMENDATION
It is recommended that the city council approve the attached Resolution Denying the Objection of William
Kayser for the Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05-10.
RESOLUTION DENYING ASSESSMENT OBJECTION
WHEREAS, pursuant to a resolution adopted by the City Council on October 24'x', 2005, calling for a Public
Hearing, the assessment roll for the Dahl Avenue, Street and Utility Improvements for Woodhill Development, City
Project 05-10, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, one property owner, Mr. William Kayser on behalf of Evelyn C. Wallace, filed an objection to
their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
Mr. Kayser claims that Evelyn Wallace is the legal property owner of this parcel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. That the objection of William Kayser is not based upon fact as noted by the City Attorney and records
provided by the current property owner and said objection is hereby denied.
2. The assessment roll for the Dahl Avenue Street and Utility Improvements for Woodhill Development remains
as proposed and approved on October 24, 2005, a copy of which is attached hereto and made a part hereof.
Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of
land therein included is hereby found to be benefited by the proposed improvement in the amount of the
assessment levied against it.
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 2006 and shall bear interest at the rate of
6.1 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, 2005. 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 23`d, 2005, 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 23`d, 2005, 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 transmit a certified duplicate of this assessment to the county auditor to
be extended on the property tax lists of the county no later than November 24`x', 2005. Such assessments shall
be collected and paid over the same manner as other municipal taxes.
Adopted by the council on this 10' day of November 2005.
OUR REBUTTAL
The record continues to show that in spite of the filing of the document cited by ex -attorney Kelly and
ex -director Ahl, Evelyn Wallace remains the fee owner of 2516 Linwood, which is the property that Maplewood
subdivided to create the Woodhill division. Therefore, all actions regarding this property by Maplewood over
the objections of Evelyn Wallace were (and continue to be) totally illegal and/or unlawful.
ATTACHMENT C
DOCUMENT #3762693 DATED JUNE 159 2004
DOCUMENT DATED JANUARY 11, 2005
BOTH PROVING THAT EVELYN WALLACE
OWNS SUBJECT PROPERTY
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1/11/05 RAMSEY COUNTY RECORDER'S OFFICE
11:28:33 DOCUMENT NUMBER INQUIRY
DOCUMENT REVIEWED
Document Number: 3762693 Date Recorded:
Fee Paid.: 20.00 No Fee:. Copy Fee:
Instrument: 0040 AFFT SURVIV
Title Co: 00 CHECKS/CASH
Grantor l: JAMES H KAYSER
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Grantee 1: EVELYN C KAYSER
2: EVELYN C WALLACE
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Returned To: WILLIAM KAYSER
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ABSTRA
6/15/2004 Time Recorded: 1:00:00
.00 Copy Quantity:
City/St/Zip:
Comments: Lien Id:
Reference Doc:
Consideration: .00 Legal Description:
F3=Exit, F8=Legal F24=More Keys
Ramsey County
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AGENDA REPORT
TO: Greg Copeland, Interim City Manager
FROM: Charles Ahl, Director of Public Works/City Engineer
SUBJECT: Gladstone Area Redevelopment Improvements, City Project 04-21 —
Resolution Providing Project Direction and Authorization to Submit a Livable
Communities Grant Application to Metropolitan Council
DATE: July 10, 2006
INTRODUCTION and BACKGROUND
The City Council has submitted their comments on the Gladstone Master Plan and discussed much of the
information from the Master Plan at the June 26th Work Session. The discussion will continue at the July
10th Work Session. Upon conclusion of that discussion, the Council should provide direction on proceeding
with the project. It is critical that the Council adopt a resolution to provide a reasonable submittal for the
Livable Communities Demonstration Grant, which is due on July 17, 2006, and to attempt to provide some
action prior to the expiration of the Gladstone Area Moratorium, which expires on September 8, 2006.
I have prepared the resolution based the staff understanding of the Council's discussion on June 26th.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution that provides for the following:
1. Authorize staff to develop a Planning Document based upon a revised Master Planning Document
for the Gladstone Redevelopment Initiative at the flowing development levels and public
improvement investment:
Business Climate
Work with Gladstone businesses to allow them to remain in the neighborhood if they choose.
Development on the Savanna
Do not allow any building development—only natural development with minimal historic
public structures. Improvements on the Savanna should be one of the first public
improvements made in the neighborhood.
Savanna Improvements
Only natural improvements should be allowed. This includes savanna restoration as a
natural open space.
Flicek Park Improvements
Make no changes to Flicek Park. Any changes to Flicek Park should be left up to the
experts—the parks commission and park -planning staff.
Gladstone Resolution
July 10, 2006
Page Two
Culvert / Bebo Improvements
Modify the plan so that it includes other options for a pedestrian/stormwater system in this
area. The bebo should be considered optional for consideration later and not specifically
approved.
Density
The allowed density shall be a minimum of 600 housing units. More can be allowed based
on to -be -established density bonuses. There was no specific maximum density established.
Building Height Issues
In general, lower buildings are preferred when they are closer to the street. They can go
higher as the building mass is further set back up to four stories.
Building Setback Massing and Scale Issues
Same as building height criteria—buildings with greater mass should be set further back to
be less imposing from street view. Care should be taken to "blend" the scale of the new
buildings with the existing.
Power Line Burial
Support for the burial of power lines at a reduced cost.
Eminent Domain
No support for this.
Level of Public Improvements–Frost Avenue Improvement
The discussion of this item was not concluded, but the council had discussed omitting the
median, using trees to create a colonnade along Frost Avenue and making Frost Avenue
narrower. At the level of density, the likely investment will range from $14 million to $15
million in public installed improvements.
2. Authorize the staff to prepare and submit a Livable Communities Demonstration Grant Application to
the Metropolitan Council prior to the due date of July 17, 2006.
3. Authorize the Public Works Director to assemble an Implementation Team which shall include the
City Park and Recreation Director, the City Finance Director, the City Senior Planner, the City
Planner, the consultant Master Planner and the consultant Engineer to develop the following reports
and plans:
A. The 1st Phase of the Tax Increment Financing Plan, including recommendations from a
Consultant Financial Advisor, with the goal of the first TIF District to be established and
authorized prior to the expiration of the Gladstone Moratorium on September 8, 2006.
Gladstone Resolution
July 10, 2006
Page Three
B. A Prioritized Public Improvement Plan, including a suggested timing schedule for
implementation based upon a 3-5 year project build out.
C. A Prioritized Development Plan, including a listing of potential development parcels that
potentially provided for the first project within the Development Area based upon the TIF
District and Public Improvement Plan.
D. A Preliminary Planning and Zoning Analysis that provides an evaluation of the land -use and
zoning needs to achieve the provisions of the Planning Document.
4. Appropriate $75,000 to the Gladstone Project Fund from future TIF Administrative revenues to pay
for the Planning Consultant, Engineering Consultant and Financial Advisory Consultant noted above
within the Implementation Team. The Public Works Director is hereby authorized to administer the
contracts for said consultants up to the $75,000 maximum.
Financial Impact
The City has invested over $357,000 to date on this important initiative. The proposed expenditure of
$75,000 should provide appropriate expertise to the staff to allow the preparation of grants, financial
analysis for TIF Planning and District creation, planning services to provide a recommendation to the
Council on the appropriate revisions to the land -use and zoning within the area to meet Planning Document
goals, and engineering analysis to determine an appropriate improvement schedule to accommodate and
coordinate the improvements to adjacent development. This will also provide the Council recommendations
on possible property acquisition or TIF investment to achieve the various goals of the Planning Document.
It is anticipated that the funding will provide the necessary consultant services through September 2006 at
which point the Council will likely be making decisions on the various TIF districts.
Attachments:
1. Resolution
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