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Home My WebLink About06-12-2006Q Q E. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 12, 2006 Gymnasium, Carver School 2680 Upper Afton Road Meeting No. 06-15 CALL TO ORDER A meeting of the City Council was held in the Gymnasium, at Carver School, and was called to order at 7:00 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE Army Sergeant Bill Cockriel led the pledge of allegiance. Mayor Longrie thanked Sergeant Cockriel for his years of service in active duty and continuing to serve the Country in the Army Reserves. 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. M1. NEST M5. State Auditor Letter M2. National Night Out M6. South Leg Citizen's Meeting M3. Move L4 to L1 N1. City Hall Air Conditioning M4. Gladstone Master Plan Drafts Seconded by Councilmember Cave Ayes -All APPROVAL OF MINUTES Minutes from the May 22, 2006 Council/Manager Workshop Councilmember Juenemann moved to approve the minutes from the May 22, 2006 Council/Manager Workshop as presented. Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave, Juenemann and Rossbach Abstain-Councilmember Hjelle 2. Minutes from the May 22, 2006 City Council Meeting Councilmember Juenemann moved to approve the minutes from the May 22, 2006 City Council Meetina as amended. Seconded by Councilmember Longrie Ayes -Mayor Longrie, Councilmembers Cave, Juenemann and Rossbach Abstain-Councilmember Hjelle City Council Meeting 06-12-06 F. VISITOR PRESENTATIONS David Bartol, 1249 Frisbee Avenue, spoke regarding the Gladstone Redevelopment Plan. 2. Ron Cockriel, 943 Century, spoke regarding the preservation of the Fish Creek Initiative. 3. Peter Fisher, 2443 Standridge, asked questions of the council regarding data practices. 4. David Schilling, 1955 Greenbrier Street, commented on Maplewood property taxes. 5. Representative Nora Slawik, Senator Chuck Wiger, and Representative Leon Lillie each presented an overview of the 2006 Legislative Session. G. APPOINTMENTS/PRESENTATIONS Park Improvements in South Maplewood -Parks and Recreation Director Bruce Anderson Parks and Recreation Director Anderson gave a report on various facilities and parks in south Maplewood including open space and the Nature Center. 2. Fire Service to South Maplewood -Fire Chief Steve Lukin Fire Chief Lukin reported on issues related to the Londin Lane Fire Station that services south Maplewood including statistics on the volume and types of calls they receive. 3. Police Service to South Maplewood -Police Chief Dave Thomalla Police Chief Thomalla addressed Crime Statistics and calls for service in south Maplewood and explained crime comparisons throughout the city. He also explained the Police Volunteer and Police Reserve programs and several opportunities that residents can be involved in. Mayor Longrie commended Councilmember Cave for her idea to hold a Council Meeting in south Maplewood. H. PUBLIC HEARINGS 8:30 p.m. Gervais Avenue Improvements, City Project 05-17 Public Hearing 8:30 pm Resolution Authorizing Preparation of Plans and Specifications a. Assistant City Engineer Laberee presented the report. b. City Engineer Ahl presented specifics from the report. C. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following persons were heard: Jason Connell, 1041 Gervais Avenue East, Maplewood Tom Hermanson, Hermanson Dental, 1035 Highway 36 East, Maplewood Dave Roeser, property owner of 1065 Gervais, Maplewood d. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to adopt the following resolution ordering the improvement of the Gervais Avenue Street Improvements, delaying consideration of the Connor Avenue and English Street Improvements, Council directed staff to survey the residents regarding the installation of street lights and require property owners to sign waiver forms for the assessment of the street light costs: City Council Meeting 06-12-06 RESOLUTION 06-06-066 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 22nd day of May, 2006, fixed a date for a council hearing on the proposed street improvements for the Gervais Avenue Street Improvements and Maplewood Imports Traffic Improvement, City Project 05-17. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 12, 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 Gervais Avenue Street Improvements and Maplewood Imports Traffic Improvements, City Project 05-17. 2. Such improvement of Gervais Avenue is hereby ordered as proposed in the council resolution adopted the 12th day of June, 2006. The Maplewood Imports Traffic Improvements are hereby ordered delayed and referred to the City Engineer for further analysis and to be considered as part of future improvements in 2007 or 2008. 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 $465,000 shall be established. The proposed financing plan is as follows: Street assessments: $ 177,000 (38%) Storm assessments: $ 15,000 (3%) Sanitary Sewer Utility Fund $ 27,500 (6%) City general tax levy: $ 246,000 (53%) Total $ 465,000 (100%) Seconded by Councilmember Juenemann Ayes -All I. CONSENT AGENDA Mayor Longrie moved to approve consent agenda items 1-4 and 6-11. Seconded by Councilmember Hjelle Ayes -All Councilmember Juenemann questioned the removal of item number 5 from the agenda. Councilmember Juenemann moved to approve consent agenda item 12. Seconded by Councilmember Rossbach Ayes -All City Council Meeting 06-12-06 1. Approval of Claims ACCOUNTS PAYABLE: $ 93,861.19 $ 1,165, 091.25 $ 425,858.71 $ 279, 742.12 $ 432,416.25 $ 170,411.28 $ 2, 567, 380.80 PAYROLL Checks # 69950 thru # 70002 dated 05/12/06 thru 5/23/06 Disbursements via debits to checking account dated 05/12/06 thru 05/18/06 Checks # 70003 thru # 70075 dated 05/24/2006 thru 05/30/2006 Disbursements via debits to checking account dated 05/19/06 thru 05/24/06 Checks # 70076 thru # 70127 dated 5/31/2006 thru 6/6/2006 Disbursements via debits to checking account dated 5/25/2006 thru 6/6/2006 Total Accounts Payable $ 471,568.65 Payroll Checks and Direct Deposits dated 05/19/06 $ 2,364.75 Payroll Deduction check # 105115 thru # 105116 dated 05/19/06 $ 487,693.13 Payroll Checks and Direct Deposits dated 06-02-06 $ 2,364.75 Payroll Deduction check # 105238 thru #105239 dated 06-02-06 $ Total Payroll 963,991.28 $ 3,531,372.08 GRAND TOTAL City Council Meeting 06-12-06 4 2. Temporary Gambling — Maplewood Athletics Association at Gulden's Restaurant Adopted the following temporary gambling resolution for Maplewood Athletics Association: RESOLUTION 06-06-067 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Maplewood Athletics Association, to be held at Gulden's Restaurant, 2999 North Highway 61, 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. 3. MCC Thermo -Dyne Compressor Failure Approved the installation of the compressor at the Maplewood Community Center in the reduced amount of $5,742.74 with the monies to be paid from the M.C.C.'s Equipment Repair budget. 4. Del Mahr Academy Developed a formal lease agreement with Del Mahr Academy for the 2006-2007 school year based on a minimum of $3,350 per month agreement with the details and day-to-day working accommodations to be continually evaluated and resolved at staff level. It is envisioned that this formal lease agreement will be reduced to writing and brought before the city council for formal approval no later than August 1, 2006. Item pulled from agenda. 6. Kenwood Area Street Improvements, City Project 05-16, Authorize Purchase of Manhole Castings and Covers Approved the purchase of manhole castings and covers from ESS Brothers Inc. by Utility Superintendent Ed Nadeau. 7. Gladstone North Area Street Improvement Project, City Project 04-15, Authorize Purchases Authorized the purchase of services from North America Prairie that are required for the completion of the Gladstone North Project, City Project 04-15. 8. County Road D Improvements (TH 61 to Southlawn), City Project 02-07, Approve Dedication of Roadway Easements for County Road D Court at Hazelwood Street Approved the dedication of an easement on the former BNSF right of way to provide for future connection of County Road D Court to County Road D at Hazelwood. City Council Meeting 06-12-06 9. County Road D Improvements (TH 61 to Southlawn), City Project 02-07, Approve Revision to Easement Agreement with Xcel Energy Approved the attached acquisition agreement with Xcel Energy in the amount of $292,500 for County Road D Improvements, City Project 02-07. 10. County Road D Improvements (TH 61 to Southlawn), City Project 02-07, Approve Revision to Option Agreement with Countryview Golf for the Xcel Energy Parcel Approved the extension to the option agreement with Countryview Golf for the Xcel Energy parcel for County Road D Improvements, City Project 02-07. 11. County Road D Improvements (TH 61 to Southlawn), City Project 02-07, Resolution for Modification of Existing Construction Contract, Change Orders 19-24 Adopted the following resolution directing the modification of the existing construction contract, Change Orders Nos. 19 through 24, for the County Road D Realignment East Improvements (Southlawn to Highway 61), City project 02-07: RESOLUTION 06-06-068 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-07, CHANGE ORDER Nos. 19 through 24 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-07, County Road D Realignment (East) Improvements (TH 61 to Southlawn Dr.), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-07, Change Order Nos. 19 through 24, as an increase to said contract by an amount of $80,180.36, such that the new contract amount is now and hereby established as $2,897,850.87. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 19 through 24 as a contract increase in the amount of $80,180.36. The revised contract amount is $2,897,850.87. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. The revised financing as shown below: Funding Sources Original Budget Revised Budget Ramsey County $ 689,680.00 $ 695,957.93 Regional Rail $ 906,645.00 $ 906,645.00 Sewer Fund $ 55,000.00 $ 55,000.00 Sale of Property $ - $ - Interest on Investments $ 61,257.00 $ 61,257.00 Bonding 2006 $ 167,538.00 $ 167,538.00 MSA $ 3,709,200.00 $ 3,774,791.65 TOTAL: $ 5,589,320.00 $ 5,661,189.58 City Council Meeting 06-12-06 12. Public Works Building Improvements, City Project 03-9, Approve Transfer of Funds from Public Works Budget to Project Fund and Adjust Project Budget Approved a transfer of $10,000 from the Public Works Street Maintenance Program to the Public Works budget to fund and adjust project budget 03-19. J. AWARD OF BIDS None K. UNFINISHED BUSINESS Comforts of Home Assisted Living Facility (2300 and 2310 Hazelwood Street) Land Use Plan Change (BC to R -3(H)) (4 votes) Conditional Use Permit for Planned Unit Development Design Approval a. Planner Finwall presented the report. b. Mark Paschke, Frisbee Architects, answered council questions. c Commissioner Dierich presented the Planning Commission report. d. Boardmember Olson presented the Design Review Board report. Councilmember Cave moved to adopt the following resolution approving the proposed comprehensive land use change resolution. This resolution changes the land use plan from business commercial (BC) to high multiple dwelling residential (R -3H) for the properties at 2300 and 2310 Hazelwood Street: COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION 06-06-069 WHEREAS, Maplewood Comforts of Home, LLC, applied for a change to the city's land use plan from Business Commercial (BC) to High Multiple -Dwelling Residential (R -3H). WHEREAS, this change applies to the property at 2300 and 2310 Hazelwood Street in Maplewood, Minnesota. WHEREAS, the legal description for the two lots is: Parcel A: The North 200 feet of that portion of Lot 9, E.G. Roger's Garden Lots lying Southerly of the right of way of S.T.H. No. 36-118. Except that portion of the above described tract conveyed to the Village of Maplewood by Quit Claim Deed recorded May 21, 1981 as Document Number 1798958, Ramsey County, Minnesota. Parcel B: Lot 9, lying South of centerline of Highway 36 except the North 312.5 feet thereof, E.G. Roger's Garden Lots, subject to a road. WHEREAS, the history of this change is as follows: 1. On May 1, 2006, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the comprehensive land use amendment. City Council Meeting 06-12-06 2. On June 12, 2006, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described change for the following reasons: 1. This site is proper for and consistent with the city's policies for high-density residential use. This includes: a) Having a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, town houses, manufactured homes, single-family housing, public -assisted housing and low- to moderate -income housing, and rental and owner -occupied housing. b) Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life -cycle needs of all income levels, those with special needs and nontraditional households. C) The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. d) The city's long-term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. e) It is located off an arterial street, on a collector. f) It is located near a park, open space, and wetlands. Seconded by Mayor Longrie Ayes -All Councilmember Cave moved to adopt the following resolution approving the conditional use permit for Comforts of Home Assisted Living Facility. This resolution authorizes a conditional use permit for a multiple dwelling planned unit development within the BC zoning district. The multiple dwelling development is a 42 -unit assisted living facility at 2300 and 2310 Hazelwood Street: CONDITIONAL USE PERMIT RESOLUTION 06-06-070 WHEREAS, Maplewood Comforts of Home, LLC, applied for a conditional use permit for a planned unit development to construct a 42 -unit, assisted living and memory care, facility within the Business Commercial zoning district for a development known as Comforts of Home. WHEREAS, this permit applies to the properties at 2300 and 2310 Hazelwood Street WHEREAS, the legal description for the two lots is: Parcel A: The North 200 feet of that portion of Lot 9, E.G. Roger's Garden Lots lying Southerly of the right of way of S.T.H. No. 36-118. Except that portion of the above described tract conveyed to the Village of Maplewood by Quit Claim Deed recorded May 21, 1981 as Document Number 1798958, Ramsey County, Minnesota. Parcel B: Lot 9, lying South of centerline of Highway 36 except the North 312.5 feet thereof, E.G. Roger's Garden Lots, subject to a road. City Council Meeting 06-12-06 WHEREAS, the history of this conditional use permit is as follows 1. On May 1, 2006, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the comprehensive land use amendment. 2. On June 12, 2006, the city council discussed the land use plan change. 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 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. Approval is subject to the following conditions: 1. Have the engineering department approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's May 11, 2006, engineering plan review. 2. All construction shall follow the plans date-stamped March 27, 2006, and with revisions as noted in this approval. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. 3. The applicant must provide the city with verification that the assisted living facility will meet state noise standards. This can be accomplished through a study, testing or other documentation. If the noise on this site is a factor, then the applicant will have to construct the facility so it meets the standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound -deadening construction methods. 4. The project is approved with a parking reduction of 59 parking spaces (84 parking spaces are required per city code, 25 parking spaces proposed). City Council Meeting 06-12-06 5. The project is approved with a 359 square foot floor area reduction in the required unit floor area (580 square foot units are required per city code, 221 to 360 square foot units are proposed). 6. The project is approved with a 0.5 -foot parking space width reduction (9.5 foot wide parking spaces are required per city code, 9 -foot wide parking spaces are proposed). 7. All signs on the property must be approved by the community design review board. 8. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 9. The city council shall review this permit in one year. Seconded by Mayor Longrie Ayes -All Mayor Longrie moved to approve the plans date stamped March 27, 2006, and the April 25, 2006, revised grading and drainage, tree preservation and landscape plans for the 42—unit, two-story, assisted living facility (Comforts of Home) to be located at the southeast corner of Highway 36 and Hazelwood Street (currently 2300/2310 Hazelwood Street). Approval is subject to the applicant doing the following: 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 or building permit, the applicant must submit to staff for approval the following items: 1) Revised plans which meet all requirements as spelled out in the May 11, 2006, engineer review including, but not limited to, entering into a development agreement with the city to ensure all construction activities conform to Maplewood's standards and to ensure an escrow is taken by the city for the cost of a 6 -foot -wide sidewalk to be constructed along the entire Hazelwood Street frontage during future Hazelwood Street construction. 2) Revised landscape plan showing the following a) The Colorado blue spruce should be changed to Black Hills spruce. b) Plantings should be shown in the infiltration pond and rainwater garden. The plantings should include pre -approved native seed mixtures. C) The landscape area called out on the main floor plan in front of the entry canopies (sheet A2) should be reflected on the landscape plan. d) A planting bed should be included in the interior of the loop driveway (in between the driveway and the road). e) Two additional sugar maple trees should be planted along Hazelwood Street. f) All landscaping (excluding landscaping within the infiltration basin and rainwater garden) must be irrigated. The landscape plan must reflect the location of all required underground irrigation sprinkler heads. g) All disturbed areas must be established with turf. h) The applicant should attempt to save the large oak tree located on the southeast side of the building (Tree #573 — 30" oak) and must take all means necessary to protect all other large trees scheduled to be preserved on the property during construction of the facility. 3) Revised site plan which shows the following: a) Site plan must match the grading and drainage plan and reflect the required berm located on the north side of the property. b) Future sidewalk to be located along the entire Hazelwood Street frontage. City Council Meeting 06-12-06 10 C) Walking trail to be located on the north side of the property, around the infiltration basin. 4) Revised floor plans showing the expansion of the three outdoor patios if possible. 5) Revised lighting and photometrics plan which shows that the height of the freestanding lights do not exceed 25 feet (measured from ground grade to the top of the lumen). 6) Watershed district approval. 7) Building material samples. 8) The owner shall combine the two properties into one lot for tax identification purposes before the city issues a building permit. 9) 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. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. 4) Install all required outdoor lighting. 5) Install wetland buffer signs which indicate that no mowing, cutting, or building is permitted within the 25 -foot buffer. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. e. Signs are not approved with this design review approval. All signs must be approved by the community design review board before installation. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Juenemann Ayes -All 2. Code Amendment — Noise Control (Second Reading) a. Planner Flnwall presented the report. City Council Meeting 06-12-06 11 Councilmember Rossbach moved to adopt the second reading of the noise -control ordinance amendment. ORDINANCE NO. 869 AN ORDINANCE AMENDING THE NOISE -CONTROL REQUIREMENTS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: DIVISION 3. NOISE CONTROL Section 1. Section 18-111. Prohibition generally; exception. (additions are underlined and deletions are crossed out): (a) At no time shall any N -G person sha-1 make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes such person's enjoyment of property or affects such person's property values. if the event or an+iVity is cnnncnFed by the pity nr is The Thisgeneralnoise prohibition stated above shall always be in effect, however, any excessive noise during the following hours of noise prohibition shall be strictly enforced. Or, Ant IiFn ted by the GpeGifimv-restr�vRVTOf 661196eGtinn this see#GRrThere shall be no excessive noise or disturbance 4n.,yinlatinn of this nonoral nrnhihi+inn between the hours of 7:00 p.m. and 7 a.m. Monday through Saturday and all day Sunday is a per seyinlatinn of this r✓iyicinn. These hours of noise prohibition apply to construction, business, institutional and residential activities. (b) Exceptions. 1) This ordinance allows the following types of noise -generating activities that are necessary and typically occur in all parts of the city during daylight hours, but not before 7 a.m.: lawn mowing, the use of landscape -maintenance equipment, power tools, etc. All forms of snow clearing may be permitted anytime due to necessity. 2) If there is an event or activity that is sponsored by the city, or a party has a permit for a noise -generating activity issued by the city, the prohibition noted in paragraph (a) does not apply. (c) Repetitive or continual noises, that may not be audibly loud, may be equally disturbing. Such noises shall also be prohibited. (d) The city manager may waive the requirement in subsection (a) of this section where the activity would not cause a nuisance and where the proposed activity would not be within 350 feet of a residential use. The city manager's decision may be appealed to the city council. ° ger ..ithin 250 foo+ of;; rocidRAti;;l -;e mi ist be approved by the pity nni innil If an appeal is filed, the The property owners within 350 feet of the proposed activity shall be notified of the waiver request at least ten days before the council meeting. A list of the property owners, certified by an abstract company or the county abstract office, shall be submitted with the waiver request. Section 2. Section 18-112. Construction activities. All construction activities, including the use of any kind of electric, diesel or gas -powered machine or other equipment, shall be subject to this division. A copy of this division shall be attached to each construction permit issued by the city. The applicant for the permit shall be required to sign the copy, acknowledging that he has read and understood it, before a permit can be released. Section 3. Section 18-113. Enforcement. City Council Meeting 06-12-06 12 (a) Police department authority. The police department shall enforce this division. The police department may inspect private premises other than private residences and shall make all reasonable efforts to prevent violations of this division. (b) Civil remedies. This division may be enforced by injunction, action for abatement or other appropriate civil remedy. (c) Noise impact statements. The council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the council. It shall evaluate each such statement and take the evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. (d) Criminal penalties. Every person who violates any section of this division is guilty of a misdemeanor and shall, upon conviction, be in accordance with section 1-15. Each act of violation and each day a violation occurs or continues constitutes a separate offense. Section 4. This ordinance shall take effect after publishing in the official newspaper. Seconded by Councilmember Hjelle Ayes-Councilmembers Cave, Hjelle, Juenemann and Rossbach Nays -Mayor Longrie 10:00 p.m. A ten minute break was taken. L. NEW BUSINESS This item was moved to be heard first under New Business in consideration of the residents present. 4. Carver Crossing Improvements (formerly the CoPar Development), south of Carver Avenue at Henry Lane, City Project 05-07, Resolution Approving Negative Declaration on Environmental Assessment Worksheet (EAW). a. City Engineer AN presented the report. b. Jeanne Witzig, Kimley-Horn, provided further information on the EAW and answered council and visitor questions C. The following persons were heard: Kurt Schneider, CoPar Development Commissioner Dierich, Maplewood Planning Commission Ron Cockriel, 943 Century Avenue, Maplewood John Larson, State Environmental Quality Board Nancy McGuiness, a local teacher representing her students Jim VonHayden, National Park Services Irene Jones, Friends of the Mississippi River Kurt Schneider, second appearance Sheldon Johnson, State Representative, St. Paul Tom Diamond, 2119 Skyway Drive, St. Paul Kurt Schneider, third appearance Mark Bonitz, 1635 Sterling Street South, Maplewood Councilmember Rossbach moved to finish the Carver Crossing agenda item and reconvene at 4:00 p.m. Thursday, June 15tH Seconded by Councilmember Cave Ayes -All City Council Meeting 06-12-06 13 2 3 Mayor Longrie moved to waive the rules of start time for a continuation of a council meeting which is 5:00 p.m. per council rules and procedures for council meetings, Seconded by Councilmember Cave Ayes -All Mayor Longrie moved to complete the Carver Crossing agenda item and reconvene at 4:00 p.m. on Thursday, June 15tH Seconded by Councilmember Cave Ayes -All Councilmember Rossbach moved to table the negative declaration on the Environmental Assessment Worksheet for the Carver Crossing Development, City Project 05-07 until the July 10, 2006 City Council Meeting. Seconded by Councilmember Hjelle Ayes -All Mayor Longrie adjourned at 12:15 a.m. MAPLEWOOD CITY COUNCIL (continuation of June 12, 2006 meeting) 4:00 P.M. Thursday, June 15, 2006 Council Chamber, City Hall Intoxicating Liquor License Change of Manager (Lynn Roth) —AMF Maplewood Lanes a. REaL Director Guilfoile presented the report. b. Ms. Lynn Roth was introduced to the council. Mayor Longrie moved to approve the Intoxicating Liquor License change of Manager for the AMF Maplewood Lanes located at 1955 English Street. Seconded by Councilmember Hjelle Ayes -All REaL Department Purchase of Business License Software — Contingency Fund Request a. REaL Director Guilfoile presented the report. Councilmember Rossbach moved to approve the transfer of $14,070 from the contingency fund for the purchase of Business License Software. Seconded by Councilmember Hjelle Ayes -All Lift Moratorium on Off -Sale Liquor Licenses a. REaL Director Guilfoile presented the report. b. City Attorney Ramberg provided a legal perspective on the issue and answered council questions. Councilmember Rossbach moved to NOT lift the moratorium on off -sale liquor licenses awaiting results of the July 17th Council/Manager workshop on the moratorium on liquor licenses. Seconded by Councilmember Hjelle Ayes -All City Council Meeting 06-12-06 14 5. Valley View Avenue Drainage Concerns, City Project 05-36, Receive Engineering Report on October 4/5, 2005 Storm Event and Authorize Funding for Improvements and Property Owner Settlement Agreements a. City Engineer Ahl presented the report. b. Engineer Ron Leaf, SEH, provided an overview of the storm drainage system evaluation Councilmember Rossbach moved to authorized the City Engineer to direct the City consultant to prepare plans and to implement a drainage improvement at Valley View Drive as itemized in the engineering report for City Project 05-36, and directed the Finance Director to transfer $50,000 from the Environmental Utility to the project fund and settlement agreements. Seconded by Councilmember Juenemann Ayes-Councilmembers Cave, Hjelle, Juenemann and Rossbach Nays -Mayor Longrie 6. Brand Avenue Drainage Improvements, City Project 06-15, Resolution Receiving Report and Authorizing Project for Drainage Improvements a. City Engineer Ahl presented the report. b. Engineer Ron Leaf, SEH, provided further specifics. Councilmember Hjelle moved to adopt the following resolution which receives the Summary Report for Brand Avenue, City Project 06-15, and authorized the City Engineer to implement a project solution through SEH Engineers at a cost not to exceed $75,000 with funding from the Environmental Utility Fund: RESOLUTION 06-06-071 ACCEPTING REPORT AND AUTHORIZING DRAINAGE IMPROVEMENT WHEREAS, pursuant to council direction, a report has been prepared under the direction of the city engineer, through consultant SEH, Inc., with reference to the drainage and wetland issues along Brand Avenue, City Project 06-15, and this report has been presented to the City Council by SEH, Inc., and WHEREAS, the report provides conclusions and recommendations regarding maintenance activities and the need for local drainage improvements, estimated at $50,000 to $75,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council receives and adopts the report of SEH, Inc. on the Brand Avenue Drainage Issues and the Wetland Delineation Report for said project, City Project 06-15. 2. The City Engineer is hereby directed and authorized to implement the findings of said report at a cost not to exceed $75,000 with funding for said expenditures to be dedicated from the Environmental Utility Fund. Seconded by Mayor Longrie with a friendly amendment that community involvement be explored. Ayes-Councilmembers Cave, Hjelle and Juenemann Nays -Mayor Longrie and Councilmember Rossbach City Council Meeting 06-12-06 15 7. Kenwood Area Street Improvements, City Project 05-16, Resolution for Modification of Existing Construction Contract, Change Orders 1, 2, and 3 a. City Engineer Ahl Councilmember Cave moved to adopt the following resolution directing the modification of the existing construction contract for the Kenwood Area Neighborhood Street Improvements City Project 05-16, Change Orders 1-3: RESOLUTION 06-06-072 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 05-16, CHANGE ORDER 1-3 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05-16, Kenwood Area Neighborhood Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 05-16, Change Order Nos. 1-3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA that: The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 1-3 in the amount of $149,063.50. The revised contract amount is $4,385,819.96 2. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $5,325,000 shall be established. The proposed financing plan is as follows: Assessments: $ 1,422,700 (27%) Ramsey Wash Watershed District: $ 90,600 (2%) Sanitary Sewer Utility Fund: $ 561,000 (10%) SPRWS Obligation: $339,900 (6%) WAC Fund $ 80,000 (2%) Environmental Utility Fund $ 327,500 (6%) Investment Interest: $ 60,000 (1%) City general tax levy: $ 2,443,300 (46%) Total $ 5,325,000 (100%) Seconded by Councilmember Juenemann Ayes -All 8. CarMaxx/Mogren Addition, City Project 06-14, Resolution Authorizing Traffic Impact Analysis and Preparation of Feasibility Report a. City Engineer Ahl presented the report. b. Bruce Mogren, 1803 Gervais, the applicant, was present for council questions. Councilmember Hjelle moved to adopt the following resolution ordering the preparation of a feasibility study including a traffic impact analysis, along with the project plans and specifications for the CarMaxx/Mogren Addition, City Project 06-14 and established a project budget of $168,000: City Council Meeting 06-12-06 16 RESOLUTION 06-06-073 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the street and utilities for the CarMaxx / Mogren Addition, City Project 06-14, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Said study and improvement is contingent upon the site developer depositing a total of $168,000 in two installments during the month of June 2006, with the first installment of $48,000 due on June 13, 2006 and the remainder of $120,000 by June 27, 2006. FURTHERMORE, funds in the amount of $168,000 are appropriated to prepare this feasibility report and project plans and specifications. Seconded by Councilmember Rossbach Ayes -All M. COUNCIL PRESENTATIONS Northeast Suburban Transit (NEST) Meeting Councilmember Rossbach reported from the last NEST meeting and stressed that NEST is transportation available for EVERYONE in Maplewood, North St. Paul and Oakdale. The cost of an average ride is $2.00 one way. 2. National Night Out Councilmember Juenemann encouraged everyone to participate in a neighborhood block party On Tuesday, August 1, for National Night Out. 3. Gladstone Edits Mayor Longrie reminded all councilmembers to submit their Gladstone Redevelopment Plan edits prior to leaving the meeting. Mayor Longrie shared photos of detached townhomes from the City of Anoka and other types of townhomes from Little Canada. Councilmember Rossbach expressed his concern about the city owning/developing land. 4. State Auditor's Letter Mayor Longrie distributed a letter from the State Auditor and noted the city's audit firm has already responded. 5. South Leg Meeting The next South Leg meeting is Thursday, June 22, 7:00 p.m. at Fire State #4 (2501 Londin Lane) with the main topic being the Bird Flu Pandemic. City Council Meeting 06-12-06 17 N. ADMINISTRATIVE PRESENTATIONS City Hall Air Conditioner Councilmember Hjelle moved to approve the repairs of air conditioning compressor #1 at City Hall. Seconded by Councilmember Juenemann Ayes -All 2. Gladstone Updates Interim City Manager Copeland and staff will collect all of the Gladstone edits, copy for all councilmembers, and provide a copy to the City Clerk's Office for the public. O. ADJOURNMENT Mayor Longrie moved to adjourn at 6:07 p.m. City Council Meeting 06-12-06 18 !/ JJJJp JJJJJJJJJJlJJIIJJ�. "SII JL+�J� ate. Ipp �E .�� 3es =r __ 1 — _. S.' I 7 : €i• 'Ili .—d �L 99 �i $is31 �i 6 e i � i€i V �6 m. 7 _ M7, 0 IN, ._ _ — _ !/ JJJJp JJJJJJJJJJlJJIIJJ�. "SII JL+�J� r -el -c lE e— c MEMORANDUM TO: Greg Copeland, Interim City Manager FROM: Larry Farr, Chief Building Engineer DATE: June 12, 2006 for City Council Meeting SUBJECT: Trane Air Conditioning Compressor #1 Failure City Hall INTRODUCTION The City Hall / Police Department Trane Air Conditioning Compressor #1 failed on Wednesday afternoon June 7, 2006. This unit cools the Police Department, Council Chambers, and east side of City Hall. After investigating the problem and further analysis on Thursday and Friday it was determined to be more cost effective to replace the ten year old compressor then to rebuild it and not have any guarantees. There has been approximately $4,000.00 dollars spent to date for the parts and labor to investigate and troubleshoot the unit. This work was performed by Cramer Building Services the local Trane service company. I have three (3) proposals for replacing the compressor from the following companies and extended warranty costs. This does not cover any incidental parts or items found that needing replacement during the compressor replacement. • Cramer Building Services: $15,037.00 Extended Warranty years 3-5 $2,890.00 • NewMech: $14,457.00 Extended Warranty years 2-5 $2,775.00 • MMC (Metropolitan Mechanical Contractors: $17,800.00 BACKGROUND There are two (2) Air Conditioning units that serve City Hall / Police Department. Unit #1 (failed unit) serves the east side of City Hall, Council Chambers and the Police Department. Unit #2 serves the west side of City Hall expansion area only. The compressor in unit #1 was replaced in 1996 so it has lasted 10 years which is about normal for this type of compressor. During the investigation we found bad contactors, broken rings, piston damage and cylinder scoring along with low winding readings for the motor armature. RECOMMENDATION The recommendation is to continue using Cramer Building Services to complete this project as they are familiar with and already have been working on the unit and are the local Trane representative. There is a Proposal difference of $580.00 dollars between the low bid and Cramer Building Services. The total expense of this project including investigating, parts and additional parts will be in the $20,000.00 $21,000.00 range. My documents/AHU #1 Compressor 2006.doc Attachments PROPOSAL * NNewMech kN COMPANIES, INC Mechanical Contractors 1633 Eustis Street *St. Paul, MN •55108-1288 *Phone (651) 645-0451 •Fax (651) 642-5599 CompanyName Phone /Fax CITY OF MAPLEWOODDate 651.249.2342 6/12/2006 1830 E. CO. ROAD B COMPRESSOR REPLACEMENT rProject Location MAPLEWOOD, MN. 55109 SAME LARRY FARR SEE BELOW MR. FARR, AS PER YOUR REQUEST, I AM PROVIDING YOU WITH THE FOLLOWING PROPOSAL: • FURNISH THE LABOR AND MATERIALS NECESSARY TO INSTALL ONE (1) REPLACEMENT COMPRESSOR FOR THE TRANE CONDENSING UNIT M# RAUAC806AB011 LOCATED AT THE ABOVE ADDRESS. • ALL LABOR, MATERIALS, TRUCK CRANE, STARTUP AND ONE (1) YEAR WARRANTY (COMPRESSOR ONLY) INCLUDED. $14,457.00 ADD: $2,775.00 FOR YEARS 2-5 EXTENDED WARRANTY (COMPRESSOR ONLY, NO LABOR). All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will become an extra charge over and above the estimate. NewMech Companies, Inc. will not be held liable for agreements contingent upon strikes, accidents or delays beyond our control. Building owner to cant' fire, property and other necessary insurance. Our workers are covered by workmen's compensation insurance. NewMech Companies, Inc. will not be responsible for, nor will bid on this project, any work or cost of asbestos abatement. Building owner to provide safe work area with free access to cant' out above work. As part of this Proposal, if it is required by the Contract, NewMech Companies, Inc. will provide commercial general liability coverage for the scope of NewMech's work on the project to the fullest extent of its current insurance coverage. NewMech Companies, Inc. will not assume any insurance obligations beyond that included in its current insurance policy. Upgrading of existing systems to meet the most current codes is limited to scope of work detailed above. All work to be performed during normal workday (7am to 3:30 pm, M -F) on straight time unless otherwise noted. Drain down and refilling of piping systems by others unless noted above. On all accounts over 30 days, customer agrees to pay all reasonable collection fees and / or attorney fees. Note: Proposal may be with raven by us if of accepted within 30 days. TIM ARNETT / SERVICE SALES Phone (651) 632-9604 Direct Fax (651) 642-5892 ACCEPTANCE OF PROPOSAL - The above prices, specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance Authorized Signature