HomeMy WebLinkAbout09-12-20050
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, September 12, 2005
Council Chambers, City Hall
Meeting No. 05-18
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the City Hall, and was
called to order at 7:00 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
Mayor Cardinal asked everyone to remember the Maplewood and St. Paul residents serving in
the military.
A moment of silence was held in remembrance of September 11, 2001.
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the Council/Manager Workshop -August 22, 2005
Councilmember Juenemann moved to approve the minutes from the August 22, 2005
Council/Manager Workshop.
Seconded by Councilmember Monahan-Junek Ayes -All
2. Minutes from City Council Meeting -August 22, 2005
Councilmember Monahan-Junek moved to approve the minutes from the August 22, 2005 City
Council Meeting as presented.
Seconded by Councilmember Koppen
APPROVAL OF AGENDA
M1. Deer Meeting South Maplewood
M2. Steiner Development
M3. Gladstone Redevelopment
M4. St. Paul Regional Water Update
M5. Myth Update
N1. Petition on Edwards Street
N2. Roselawn Traffic
City Council Meeting 09-12-05
Ayes -All
Councilmember Koppen moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes -All
F. APPOINTMENTS/PRESENTATIONS
1. Financial Planning Week
a. City Manager Fursman presented the report
b. Mayor Cardinal read the proclamation declaring October 3 to October 9 Financial Planning
Week.
2. Dollar Wife Week
a. City Manager Fursman presented the report
b. Mayor Cardinal read the proclamation declaring September 26 to October 1 Dollar Wise
Week.
3. County Correction Facility Update
a. City Manager Fursman presented the report
b. Melinda Coleman presented specifics from the report.
C. Art Cavara, superintendent of the correctional facility, provided an update on the facility.
G. CONSENT AGENDA
Councilmember Monahan-Junek moved to adopt consent agenda items 1 — 6 and 11.
Seconded by Councilmember Juenemann
Ayes -All
Councilmember Juenemann moved to adopt consent agenda
item7.
Seconded by Councilmember Koppen
Ayes -All
Councilmember Juenemann moved to adopt consent agenda
item8.
Seconded by Councilmember Monahan-Junek
Ayes -All
Councilmember Juenemann moved to adopt consent agenda
item 9.
Seconded by Councilmember Monahan-Junek
Ayes -All
Councilmember Rossbach moved to adopt consent agenda item 10 and 12.
Seconded by Councilmember Koppen
Ayes -All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 1,575.00 Checks #67734
City Council Meeting 09-12-05 2
dated 08/16/05
$ 320,734.44 Checks # 67735 thru #67787
dated 08/23/05
$ 292,047.84 Disbursements via debits to checking account
dated 08/12 thru 08/18/05
$ 191,014.06 Checks # 67788 thru #67837
dated 08/26/05 thru 08/30/05
$ 151,397.39 Disbursements via debits to checking account
dated 08/19/05 thru 08/25/05
$ 150.00 Checks # 67838
dated 08/31/05
$ 609,781.82 Checks # 67839 thru #67888
dated 9/06/05
$ 324,034.64 Disbursements via debits to checking account
dated 8/26/05 thru 9/01/05
$ 1,890,735.19 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 521, 245.94 08/26/05
$ 2,406.75 Payroll Deduction check # 102345 thru # 102347
dated 08/26/05
$ 523,652.69 Total Payroll
$ 2,414,387.88 GRAND TOTAL
2. Conditional Use Permit Review — Countryside Motors (1180 Highway 36 East)
Approved the Conditional Use Permit for the expansion of a nonconforming automobile
repair facility and sales/storage lot at Countryside Motors located at 1180 Highway 36
East, and review the conditional use permit again in one year.
3. Conditional Use Permit Review — Launderville Commercial Vehicles (2194 Van Dyke
Street)
Approved the Launderville's conditional use permit for the storage of one commercial
vehicle on the residential property at 2194 Van Dyke Street, and review the conditional
use permit again in one year.
City Council Meeting 09-12-05 3
4. Annual Maplewood Historical Society Payment
Authorized the annual $2,000 payment to the Historical Society.
5. Revisions to Landfall Fire Agreement
Approved the changes to the Landfall contract agreement for the City of Maplewood to
provide fire service to the City of Landfall.
6. Approval of Cisco Equipment Purchase for Storage Area Network
Approved the purchase of Cisco Equipment for storage area network.
7. Consider Approval of Temporary Contract for Food Inspection Services
Approved to enter into a temporary contract with a licensed inspector to perform food
establishment inspection services.
8. Approval of Resolution for DNR Conservation Partners Grant Program Award
Adopted the following resolution approving the DNR Conservation Partners Grant
Program Award:
Applicant Resolution 05-09-136
Conservation Partners and Environmental Partnerships
BE IT RESOLVED that the City of Maplewood act as the legal sponsor for the Conservation
Partners Grant CP05-005 City Hall Campus Restoration.
BE IT FURTHER RESOLVED that the City of Maplewood has the financial capability to meet
the match requirement and ensure adequate completion of the project and certifies that it will
comply with all applicable laws and regulations as stated in the grant agreement.
NOW, THEREFORE BE IT RESOLVED that the Environmental Manager is hereby authorized to
execute the Conservation Partners Grant Agreement CP05-005 necessary to implement the
project on behalf of the City of Maplewood.
I CERTIFY THAT the above resolution was adopted by the City Council of the City of
Maplewood on September 12, 2005.
9. Approval of Fall Clean -Up Event Scheduled for October 15, 2005
Approved the fall clean-up event for October 15, 2005.
10. Consider Approval of Joint Powers Agreement with City of Oakdale for Joint Sewage
System
Adopted the changes in the following agreement with the City of Oakdale and approved
to file the amended agreement with the Metropolitan Council Environmental Services
(MCES) for adjusted billing:
City Council Meeting 09-12-05
AGREEMENT
THIS AGREEMENT, made and entered into by and between the City of
Maplewood, a municipal corporation of the State of Minnesota, hereinafter referred to as
"MAPLEWOOD" and the City of Oakdale, a municipal corporation of the State of
Minnesota, hereinafter referred to as "OAKDALE."
WHEREAS, Oakdale has requested permission from Maplewood to connect a
portion of its public sanitary sewer system to the Maplewood sanitary sewer system for
the purpose of transporting sanitary sewage from Lift Station 7 service area in Oakdale,
and the following agreement is intended to reflect the mutual understanding and
agreement to accomplish this purpose.
NOW, THEREFORE, Oakdale and Maplewood do hereby mutually agree as
follows:
1. Maplewood does hereby grant permission to Oakdale to connect
Oakdale's sanitary sewer conveying sanitary sewage from Lift Station 7 service area in
the vicinity of Stillwater Boulevard and TH 120 to the Maplewood sewer system and
Maplewood Lift Station 6 located on Lakewood Drive at Beaver Lake. Oakdale shall
provide at least 15 -day notice prior to constructing the sewer connection to the
Maplewood sewage system and shall allow Maplewood Public Works Department
inspectors an opportunity to view the connection before covering up the construction
work. Oakdale shall assume all costs connected with the construction of its sanitary
sewage system and the connection to the Maplewood lift station and sewer system.
2. The Oakdale sewer system to be connected to the Maplewood sewer
system shall be used solely for the purpose of conveying sanitary sewage, and Oakdale
shall not permit any storm water runoff to be connected to the sewer system.
3. Oakdale shall be solely responsible for all maintenance, repairs and
claims for damages or injuries caused to any person or property whatsoever or from any
cause whatsoever relating to the properties or persons served by the Oakdale sanitary
sewer. Oakdale agrees to hold harmless, indemnify, and defend Maplewood from any
and all claims for damages to persons or property that arise or that may claim to arise
from any reason relating to the sewers owned and maintained by Oakdale and that are
hereby authorized to be connected to the Maplewood sewer system.
4. It is agreed between the parties hereto that the Metropolitan Council
Environmental Services shall estimate the amount of sanitary sewage attributable to the
Oakdale properties hereby authorized to be connected to this Maplewood sewer system
and shall accordingly charge Oakdale for its proportionate cost of sewage treatment,
conveyance, and related costs in its annual billings. Oakdale and Maplewood shall
cooperate with and provide all necessary information to the Metropolitan Council
Environmental Services so as to permit the proper billing to Oakdale and credit to
Maplewood for this sewage.
5. Maplewood shall operate and maintain the Maplewood Lift Station 6, and
the cost of operation and maintenance shall be shared by Oakdale and Maplewood in
the following manner:
Oakdale's estimated average daily flow will be compared to the actual average
daily flow for Maplewood Lift Station 6. The actual annual operation and
maintenance cost will be shared on a proportionate basis between Oakdale and
Maplewood. Oakdale's present estimated daily flow is 62,000 gallons per day as
calculated by Short, Elliott, Hendrickson, Inc. which is on file. Oakdale may
City Council Meeting 09-12-05
submit documentation to identify a new estimated average daily flow based on
changed conditions. Maplewood cannot unreasonably deny a request to adjust
the Oakdale estimated average daily flow. Maplewood shall submit an annual
billing before March 1 of each year.
AMENDMENT TO AGREEMENT
Maplewood has documented there has been a change in the daily average flows
from original agreement. Maplewood has metered daily flows at the point of
connection from October 19, 2001, to October 23, 2002. Howard R. Green
Company was hired to meter and record data. Maplewood is requesting to
adjust average daily flows to reflect new data collected from metering.
Maplewood recommends the existing daily average flows be amended to 83,450
gallons daily and have MCES reflect such change in billing.
All major repairs or replacements to the Maplewood Lift Station 6 shall be performed by
Maplewood and the costs incurred therefore shall be shared between the parties hereto
with Oakdale paying a proportionate share based on comparison of average daily flows.
11. Consider Approval of Grading Costs at Larpenteur and Adolphus
Authorized the Director of Public Works/City Engineer to incur up to $8,000 from the
Environmental Utility Fund for extra grading costs as needed for the property sold to
Krongard Construction, Inc. at Larpenteur and Adolphus.
12. Consider Approval of Joint Powers Agreement with City of St. Paul for Joint Sewage
System
Adopted the following agreement with the City of St. Paul and file the agreement with the
Metropolitan Council Environmental Services (MCES) for adjusted billing:
Agreement Between the
City of Saint Paul
And the
City of Maplewood
This agreement ("Agreement") is dated this day of September, 2005 by and between the
CITY OF SAINT PAUL, a home rule charter City under the laws of the State of Minnesota, (hereinafter
referred to as "ST. PAUL"), and the CITY OF MAPLEWOOD, a municipal corporation of the State of
Minnesota (hereinafter referred to as "MAPLEWOOD").
WHEREAS, The Metropolitan Council Environmental Services has declared that their interceptor
known as 1 -SP -214, as described in Exhibit A (hereinafter referred to as "INTERCEPTOR"), no longer
meets their criteria as a regional interceptor because its flow is less then 200,000 gallons per day, and
WHEREAS, by law the Metropolitan Council Environmental Services must reconvey the interceptor to
St. Paul, and
WHEREAS, the Metropolitan Council Environmental Services has agreed to make repairs to the
interceptor so that it is reconveyed in good condition, and
WHEREAS, both St. Paul and Maplewood contribute sanitary flow to the interceptor, and
WHEREAS, St. Paul has agreed to accept ownership of the interceptor.
NOW, THEREFORE, this agreement is intended to establish the conditions of the interceptor's joint use
City Council Meeting 09-12-05
by St. Paul and Maplewood and they hereby mutually agree as follows:
1. St. Paul does hereby grant permission to Maplewood to allow Maplewood Sanitary Sewer
Districts 33(S) and 25(S) that currently drain into the interceptor at the locations shown in
Exhibit B to continue to do so in exchange for Maplewood's sharing of maintenance and
replacement costs of the interceptor.
2. The Maplewood sewer system to be connected to the St. Paul sewer system shall be used
solely for the purpose of conveying sanitary sewage. Maplewood shall not permit storm water,
clear water or inflow and infiltration exceeding standards set by the Metropolitan Council
Environmental Services to be connected to the interceptor.
3. Maplewood shall save St. Paul harmless from any damage, cost or expense; and fully indemnify
St. Paul against any and all liability sustained by reason of the connection, or the maintenance
of connections hereunder, between the public sewer system of Maplewood and the public sewer
system of St. Paul by reason of any damage, cost, expense or loss that may be sustained by
Maplewood, its inhabitants or any other person or persons connected with the use of
Maplewood's public sewer system, or by diversion into Maplewood's public sewer system of
roof water or storm water drainage. This agreement is entered into pursuant to all of the terms,
provision and conditions of Chapter 80 (Sewer Contracts, Suburbs) of the Legislative Code of
St. Paul.
4. It is agreed between the parties hereto that the Metropolitan Council Environmental Services
(MCES) shall estimate the amount of sanitary sewage attributable to the Maplewood properties
hereby authorized to be connected to the newly reconveyed interceptor, and shall accordingly
charge Maplewood for its proportionate cost of sewage treatment, conveyance in MCES
interceptors, and related costs in its annual billings. Maplewood and St. Paul shall cooperate
with, and provide all necessary information to the Metropolitan Council Environmental Services
so as to permit the proper billing to Maplewood and credit to St. Paul for its sewage.
5. Maplewood agrees to annually reimburse St. Paul an amount equal to the sum of the products
of the distance of each joint -use sewer segment, times the percentage of flow originating within
Maplewood to the total sewer flow, times an annual sanitary sewer maintenance cost per mile,
as established herein. Exhibit C tabulates the Maplewood flow to total flow percentage for the
various segments of the joint -use sewers based on calculated Residential Equivalent
Connection (REC) units. Should the use of these percentages be unsatisfactory as basis of
maintenance cost apportionment to either party, then they may be superseded by a revised
determination of REC units or field checks of actual flow rates. Exhibit C also tabulates the
proportionate mileage of joint -use sanitary sewer on which Maplewood's annual reimbursement
to St. Paul is based.
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6. On or before February 1 of each year, St. Paul shall submit to Maplewood documentation of the
St. Paul Department of Public Works Sewer Maintenance annual budget and summation of
mileage of sewer, irrespective of size or type. The annual sanitary sewer maintenance cost
utilized for the purposes of this agreement, shall be the annual St. Paul Department of Public
Works Sewer Maintenance budget ($5,770,568 for 2006), divided by the mileage of sewer
within St. Paul (1254 miles in 2006) times 110 percent, to account for other administrative,
depreciation, and related overhead expenses not included within the sewer maintenance
division budget. For 2006, the annual maintenance cost per mile is agreed to be $5062.
7. Maplewood shall make payment to St. Paul within thirty days of receipt of invoice for the
maintenance -cost sharing amount as determined by the basis set forth in this agreement for the
current calendar year.
8. In the event that it is necessary to reconstruct or replace part or all of the existing joint -use
sewers, Maplewood will recompense St. Paul based on the percentages of Maplewood's flow as
shown in Appendix C for the segments to be reconstructed or replaced. If replacement is
needed because Maplewood wishes to convey additional flow, that cost will be paid by
Maplewood.
9. This agreement shall be permanently binding on both parties unless it is terminated by mutual
consent, or in the event that sewerage facilities that allow a connection to the Metropolitan
Council Environmental Services interceptor system within Maplewood become available and
obviates the stated purpose of this agreement.
H. PUBLIC HEARINGS
None
AWARD OF BIDS
None
J. UNFINISHED BUSINESS
The Woodlands of Maplewood (McMenemy Street, north of Kingston Avenue)
a. Land Use Plan Change (R-1 (single-family residential) to R-2) (single and
double dwellings) (4 votes)
b. Zoning Map Change (F (farm residence) to R-2 (single and double dwellings)
C. Street right-of-way vacation (Edgemont Street, north of Kingston Avenue)
d. Conditional use permit (CUP) for a planned unit development (PUD)
e. Preliminary plat
f. Design Approval
a. City Manager Fursman presented the report.
b. Planner Roberts and Public Works Director Ahl presented specifics from the report.
City Council Meeting 09-12-05
C. Chris English, representing Integra Homes, addressed the council.
Councilmember Koppen moved to adopt the following resolution changing the land use pla
the Woodlands of Maplewood plat on the east side of McMenemy Street, north of Kingston
_I._._ - P ^ _.__I _1_..1_1_ _1._._11'._ -.
LAND USE PLAN CHANGE RESOLUTION 05-09-137
WHEREAS, Chris English, representing Integra Homes, proposed a change to the city's land use
plan from R-1 (single dwellings) to R-2 (single and double dwellings).
WHEREAS, this change applies to the properties at 1740, 1750 and 1766 McMenemy Street in
Section 17, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Lots
1-28 of the proposed Woodlands of Maplewood)
WHEREAS, the history of this change is as follows:
On July 18, 2005, 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 persons at the hearing a chance to speak and present written
statements. The planning commission recommended that the city council approve the
proposed change.
2. On August 8, 2005, the city council discussed the proposed land use plan change. They
considered reports and recommendations from the planning commission and city staff.
3. On September 12, 2005, the council again considered the proposed land use plan change.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change
for the following reasons:
1. It would be consistent with the goals and objectives of the comprehensive plan.
2. This site is proper for and consistent with the city's policies for medium -density residential use.
This includes:
a. It is near a minor arterial street (Larpenteur Avenue) and is on a collector street.
b. Minimizing any adverse effects on surrounding properties because there would be minimal
traffic from this development on existing residential streets.
3. It would be consistent with the proposed zoning and land uses.
Seconded by Councilmember Rossbach Ayes -All
Councilmember Koppen moved to adopt the following resolution changing the zoning map fc
the Woodlands of Maplewood plat on the east side of McMenemy Street north of Kingston
Avenue. This change is form F (farm residence) to R-2 (single and double dwelling). The
reasons for this change are those required by the city code and because the owner plans to
develop this property with a mix of singe and double dwellings:
RESOLUTION: ZONING MAP CHANGE 05-09-138
WHEREAS, Chris English, representing Integra Homes, proposed a change to the zoning map from
F (farm residence) to R-2 (single and double dwellings).
WHEREAS, this change applies to the properties at 1740, 1750 and 1766 McMenemy Street (for the
proposed Woodlands of Maplewood).
City Council Meeting 09-12-05
WHEREAS, the legal description of these properties are:
OVERALL DESCRIPTION
The South 91.99 feet of the West 407.00 feet of the North 166.99 feet of the South 325.39 feet of the
West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17,
Township 29, Range 22, Ramsey County, Minnesota.
Parcel A
The South 91.99 feet of the West 158.00 feet of the North 166.99 feet of the South 325.39 feet of the
West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17,
Township 29, Range 22, Ramsey County, Minnesota.
Parcel B
The South 91.99 feet of the East 249.00 feet of the West 407.00 feet of the North 166.99 feet of the
South 325.00 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest
Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota.
All in Section 17, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known
as The Woodlands of Maplewood)
WHEREAS, the history of this change is as follows:
On July 18, 2005, 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 persons at the hearing a chance to speak and present written
statements. The planning commission recommended that the city council approve the zoning
map change.
2. On August 8, 2005, the city council discussed the proposed zoning map change. They
considered reports and recommendations from the planning commission and city staff.
3. On September 12, 2005, the city council again considered the proposed zoning map change.
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 owner plans to develop this property for single and double dwellings.
Seconded by Councilmember Rossbach Ayes -All
City Council Meeting 09-12-05 10
Councilmember Koppen moved to adopt the following resolution for the vacation of parts of the
Edgemont Street right-of-way, north of Kingston Avenue:
STREET VACATION RESOLUTION 05-09-139
WHEREAS, Integra Homes applied to the city for the vacation of the following -described parts of a right-
of-way:
The easterly 15 feet and the westerly 15 feet of the unused Edgemont Street right-of-way located
north of the north right-of-way line of Kingston Avenue. (in Section 17, Township 29, Range 22)
WHEREAS, the history of this vacation is as follows:
On July 18, 2005, the planning commission held a public hearing about this proposed vacation.
The city staff published a notice in the Maplewood Review and sent a notice to the abutting
property owners. The planning commission gave everyone at the hearing a chance to speak and
present written statements. The planning commission also considered reports and
recommendations of the city staff. The planning commission recommended that the city council
approve the proposed vacation.
2. On August 8, 2005, the city council reviewed this proposal. The city council also considered
reports and recommendations of the city staff and planning commission.
3. On September 12, 2005, the city council again considered this proposal.
WHEREAS, after the city approves this vacation, public interest in the property will go to the following
abutting properties:
Lot 1, Block 3, Monn's Villa
385 Kingston Avenue, Maplewood, Minnesota
PIN: 17-29-22-33-0021
2. Lot 10, Block 1, Monn's Villa
395 Kingston Avenue, Maplewood, Minnesota
PIN: 17-29-22-33-0030
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described right-of-way
vacation for the following reasons:
1. It is in the public interest.
2. The applicant and the abutting property owners have no plans to build a public street at this
location.
3. The adjacent properties have street access.
4. The vacation of the parts of the right-of-way will allow the adjacent residents to expand and
improve their homes.
This vacation is subject to the city retaining the center part of the Edgemont Street right-of-way located
north of the north right-of-way line of Kingston Avenue for public purposes.
Seconded by Councilmember Rossbach Ayes -All
Councilmember Koppen moved to adopt the following resolution approving a conditional use
permit for a planned unit development for the Woodlands:
CONDITIONAL USE PERMIT RESOLUTION 05-09-140
WHEREAS, Mr. Chris English, representing Integra Homes, applied for a conditional use permit
City Council Meeting 09-12-05 11
(CUP) for the Woodlands of Maplewood residential planned unit development (PUD).
WHEREAS, this permit applies to properties at 1740, 1750 and 1766 McMenemy Street.
WHEREAS, the legal descriptions of the properties are:
OVERALL DESCRIPTION
The South 91.99 feet of the West 407.00 feet of the North 166.99 feet of the South 325.39 feet of the
West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17,
Township 29, Range 22, Ramsey County, Minnesota.
Parcel A
The South 91.99 feet of the West 158.00 feet of the North 166.99 feet of the South 325.39 feet of the
West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17,
Township 29, Range 22, Ramsey County, Minnesota.
Parcel B
The South 91.99 feet of the East 249.00 feet of the West 407.00 feet of the North 166.99 feet of the
South 325.00 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest
Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota.
All in Section 17, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known
as The Woodlands of Maplewood)
WHEREAS, the history of this conditional use permit is as follows:
1. On July 18, 2005, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning
commission gave persons at the hearing a chance to speak and present written statements.
The commission also considered reports and recommendations of the city staff. The planning
commission recommended that the city council approve the conditional use permit.
2. On August 8, 2005, the city council discussed the proposed conditional use permit. They
considered reports and recommendations from the planning commission and city staff.
3. On September 12, 2005, the city council again reviewed the proposed conditional use permit.
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.
City Council Meeting 09-12-05 12
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans date-stamped August 29, 2005 except where the city
requires changes. Such changes shall include:
a. Revising the grading and site plans to show:
(1) Revised storm water pond locations and designs as suggested or required by the
watershed district or city engineer. The ponds shall meet the city's standards and the
engineering department requirements.
(2) The developer minimizing the loss or removal of the vegetation and large trees.
(3) All the changes required by the city engineer and by the watershed district.
The city council may approve major changes to the plans. The director of community
development may approve minor changes.
2. The proposed construction must be substantially started within one year of council approval or
the permit shall end. The council may extend this deadline for one year.
3. Have the city engineer approve final construction and engineering plans. These plans shall
meet all the conditions and changes noted in Erin Laberee's memo dated September 2, 2005,
and the plans shall include:
a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree
preservation/replacement, and parking plans. The cul-de-sac bulb shall have the
minimum radius necessary to ensure that emergency vehicles can turn around.
b. The following changes for the storm sewer plans:
(1) The developer shall enclose the new ponds with a four -foot -high, black, vinyl -coated
chain-link fence. The contractor also shall install a gate in the fences as may be
required by the city engineer.
(2) Provide for staff approval a detailed storm water management plan.
c. The following for the streets and driveways:
(1) Curb and gutter along the street, if the city engineer decides that it is necessary.
(2) Clearly labeled public streets and private driveways on the plans.
(3) Clearly labeled proof of parking spaces that would have a "green surface" or
another environmentally friendly design (rather than a bituminous surface).
City Council Meeting 09-12-05 13
4. The design of the ponds shall meet Maplewood's ordinance standards and shall be subject to
the approval of the city engineer. The developer shall be responsible for getting any needed
off-site pond and drainage easements, if applicable.
5. The developer or contractor shall:
a. Complete all grading for the site drainage and the ponds, complete all public improvements
and meet all city requirements.
b. Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris, junk, fencing or fill from the site.
6. The approved setbacks for the principal structures in the Woodlands of Maplewood PUD shall
be:
a. Front -yard setback (from a public street or a private driveway): minimum - 20 feet,
maximum — 35 feet
b. Front -yard setback (public side street): minimum - 20 feet, maximum - none
c. Rear -yard setback: 20 feet from any adjacent residential property line.
d. Side -yard setback (townhouses): minimum - 20 feet minimum between buildings.
7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing
unit at the time of the building permit for each housing unit.
8. The city council shall review this permit in one year.
Seconded by Councilmember Rossbach Ayes -All
Councilmember Koppen moved to approve the Woodlands of Maplewood preliminary plat
(received by the city on August 29, 2005). The developer shall complete the following before
the city council approves the final plat:
1. Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage, complete all public improvements and meet
all city requirements.
b. Place temporary orange safety fencing and signs at the grading limits.
c. Provide all required and necessary easements (including ten -foot drainage and utility
easements along the front and rear lot lines of each lot and five-foot drainage and utility
easements along the side lot lines of each lot).
d. Have Xcel Energy install Group V rate street lights in at least seven locations. These shall
be as follows:
(1) At the intersection of Edgemont Lane and Sophia Avenue (by Lot 8).
(2) Near Lot 4 in the middle of the block.
(3) At the northeast corner of the site near Lot 1.
(4) At the north end of Edgemont Lane near Lot 11.
(5) At the intersection of McMenemy Street and Sophia Avenue.
(6) At the intersection of McMenemy Street and the northerly driveway (near Lot 23).
(7) Near Lot 28 at the east end of the driveway.
City Council Meeting 09-12-05 14
The exact style and location of the lights shall be subject to the city engineer's approval.
e. Pay the city for the cost of traffic -control, street identification and no parking signs.
f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and
guidelines.
g. Replace any trees that die within one year of planting or final transplanting. The size and
species of the replacement trees shall be subject to city staff approval.
2. Have the city engineer approve final construction and engineering plans. These plans shall
include grading, utility, drainage, erosion control, driveway, trail, tree, and street plans. The
plans shall meet all the conditions and changes listed in the memo from Erin Laberee dated
September 2, 2005, and shall meet the following conditions:
a. The erosion control plans shall be consistent with the city code.
b. The grading plan shall show:
(1) The proposed building pad elevation and contour information for each building site.
The lot lines on this plan shall follow the approved preliminary plat.
(2) Contour information for all the land that the construction will disturb.
(3) Building pads that reduce the grading on site where the developer can save large
trees.
(4) The street and driveway grades as allowed by the city engineer.
(5) All proposed slopes on the construction plans. The city engineer shall approve the
plans, specifications and management practices for any slopes steeper than 3:1. On
slopes steeper than 3:1, the developer shall prepare and implement a stabilization and
planting plan. These slopes shall be protected with wood -fiber blanket, be seeded with
a no -maintenance vegetation and be stabilized before the city approves the final plat.
(6) All retaining walls on the plans. Any retaining walls taller than four feet require a
building permit from the city. The developer shall install a protective rail or fence on top
of any retaining wall that is taller than four feet.
(7) Sedimentation basins or ponds as required by the watershed board or by the city
engineer.
(8) No grading beyond the plat boundary without temporary grading easements from the
affected property owner(s).
(9) A minimum of a 10 -foot -wide, 10:1 bench below the normal water level (NWL) of any
pond designed to be a wet pond. The depth of the pond below the NWL shall not
exceed four feet.
(10) Emergency overflow swales as required by the city engineer or by the watershed
district. The overflow swales shall be 10 feet wide, one foot deep and protected with
approved permanent soil -stabilization blankets.
(11) The drainage areas and the developer's engineer shall provide the city engineer with
the drainage calculations. The drainage design shall accommodate the run-off from the
entire project site and shall not increase the run-off from the site.
City Council Meeting 09-12-05 15
c. The tree plan shall:
(1) Be approved by the city engineer before site grading or final plat approval.
(2) Show where the developer will remove, transplant, save or replace large trees. This
plan shall include an inventory of all existing large trees on the site.
(3) Show the size, species and location of the transplanted, replacement and screening
trees. The new deciduous trees shall be at least two and one-half (2 %2) inches in
diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other
native species. The new coniferous trees shall be at least eight (8) feet tall and shall
be a mix of Austrian pine, Black Hills spruce and other species.
(4) Show no tree removal beyond the approved grading and tree limits.
(5) Include for city staff a detailed tree planting plan and material list.
(6) Group the new trees together. These planting areas shall be:
(a) near the ponding areas
(b) along the west and south sides of the site to help screen the development from
the existing houses to the west and south.
(7) Show the planting or transplanting of at least 200 trees after the site grading is done.
(8) Require the developer to replace any trees that die within one year of planting or final
transplanting. The size and species of the replacement trees shall be subject to city
staff approval.
d. The street, driveway and utility plans shall show:
(1) The streets and driveways shall be a nine -ton design with a maximum street grade of
eight percent and the maximum street grade within 75 feet of all intersections at two
percent.
(2) Water service to each lot and unit.
(3) Repair of McMenemy Street and Kingston Avenue (street and boulevard) after the
developer connects to the public utilities and builds the new streets, trails and private
driveways.
(4) The developer enclosing the ponds with a four -foot -high, black, vinyl -coated chain-link
fence. The contractor also shall install gates in the fences as may be required by the
city engineer.
(5) The private driveways with continuous concrete curb and gutter except where the city
engineer decides that it is not needed for drainage purposes.
(6) The coordination of the water main locations, alignments and sizing with the standards
and requirements of the Saint Paul Regional Water Services (SPRWS). Fire -flow
requirements and hydrant locations shall be verified with the Maplewood Fire
Department.
(7) All utility excavations located within the proposed right-of-ways or within easements.
The developer shall acquire easements for all utilities that would be outside the project
City Council Meeting 09-12-05 16
area.
(8) The plan and profiles of the proposed utilities.
(9) Details of the ponds and the pond outlets. The outlets shall be protected to prevent
erosion.
e. The drainage plan shall ensure that there is no increase in the rate of storm -water run-off
leaving the site above the current (predevelopment) levels. The developer's engineer shall:
(1) Verify pond, inlet and pipe capacities.
(2) Have the city engineer verify the drainage design calculations.
3. Pay the costs related to the engineering department's review of the construction plans.
4. Change the plat as follows:
a. Show drainage and utility easements along all property lines on the final plat. These
easements shall be ten feet wide along the front and rear property lines and five feet wide
along the side property lines.
b. Label the common areas as outlots.
c. Add drainage and utility easements as required by the city engineer.
d. Have the right-of-way where Sophia Avenue meets the Edgemont Street right-of-way
"squared -off' rather than having it with a radius from the cul-de-sac.
e. Label all the names of all the streets and driveways on all plans and distinguish which are
public and which are private.
f. Change the street and driveway names and addresses as follows:
(1) The north private driveway (for Units 21 — 28) shall have McMenemy Street addresses.
5. Secure and provide all required easements for the development. These shall include any off-
site drainage and utility easements.
6. Sign a developer's agreement with the city that guarantees that the developer or contractor
will:
a. Complete all grading for overall site drainage, complete all public improvements and meet
all city requirements.
b. Place temporary orange safety fencing and signs at the grading limits.
c. Provide for the repair of McMenemy Street and Kingston Avenue (street, curb and gutter
and boulevard) after the developer constructs the sidewalks and connects to the public
utilities and builds the new streets and private driveways.
7. Submit the homeowners' association bylaws and rules to the city for approval by the director of
community development. These are to assure that there will be one responsible party for the
care and maintenance of the common areas, private utilities, landscaping and retaining walls.
8. Record the following with the final plat:
City Council Meeting 09-12-05 17
a. All homeowners' association documents.
b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or
parcels in the plat that would create additional building sites unless approved by the city
council.
c. A covenant or association documents that addresses the proper installation, maintenance
and replacement of any retaining walls.
The applicant shall submit the language for these dedications and restrictions to the city for
approval before recording.
9. The developer shall complete all grading for public improvements and overall site drainage.
The city engineer shall include in the developer's agreement any grading that the developer or
contractor has not completed before final plat approval.
10. Obtain a permit from the Watershed District for grading.
11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA).
12. If the developer decides to final plat part of the preliminary plat, the director of community
development may waive any conditions that do not apply to the final plat.
Seconded by Councilmember Rossbach Ayes -All
Councilmember Koppen moved to approve the project plans (site plan, landscape plan, grading
and drainage plans and building elevations) for the Woodlands of Maplewood townhouses on the
east side of McMenemy Street, north of Kingston Avenue. The city bases this approval on the
findings required by the code. The developer or contractor shall do the following:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. Complete the following before the city issues a building permit:
a. Have the city engineer approve final construction and engineering plans. These plans shall
include: streets, grading, utility, drainage, erosion control, tree, sidewalk and driveway plans.
The plans shall meet the following conditions and shall also meet all the conditions and
changes noted in Erin Laberee's memo dated September 2, 2005.
(1) The erosion control plan shall be consistent with city code.
(2) Submit to staff revised plans that show as many of the private driveways as
possible at 28 feet wide to allow parking on one side.
(3) The grading plan shall:
(a) Include building, floor elevation and contour information for each home site. The
lot lines on this plan shall follow the approved preliminary plat.
(b) Include contour information for the land that the construction will disturb.
(c) Show sedimentation basins or ponds as may be required by the watershed board
or by the city engineer.
(d) Show all proposed slopes steeper than 3:1 on the proposed construction plans.
The city engineer shall approve the plans, specifications and management
City Council Meeting 09-12-05 18
practices for any slopes steeper than 3:1. This shall include covering these
slopes with wood -fiber blankets and seeding them with a "no mow" vegetation
rather than using sod or grass.
(e) Show all retaining walls on the plans. Any retaining walls more than four feet tall
require a building permit from the city.
(f) Show the proposed street and driveway grades as allowed by the city engineer.
(g) Show the drainage areas, and the developer's engineer shall provide the city
engineer with the drainage calculations. The drainage design shall accommodate
the run-off from the surrounding areas.
(h) Show details about the proposed pond fencing including the materials, gate,
height and color.
(4) The tree plan shall:
(a) Be approved by the city engineer.
(b) Include an inventory of all existing large trees on the site and shall show where
the developer will remove, transplant, save or replace large trees.
(c) Show the size, species and location of the transplanted and replacement trees.
The new coniferous trees shall be at least eight feet tall and shall be a mix of
Black Hills spruce and Austrian pine.
(d) Be consistent with the approved grading and landscape plans and shall show no
tree removal beyond the approved grading and tree limits.
(e) Show additional tree planting for screening along the south and west property
lines of the site.
(5) The street, driveway and utility plans shall show:
(a) A water service to each lot and unit.
(b) The repair and restoration of McMenemy Street and Kingston Avenue (including
curbing, street, and boulevard) after the contractor removes the existing
driveways, connects to the public utilities and builds the new streets, sidewalks,
trails and driveways.
(c) The street and the driveways shall have continuous concrete curb and gutter
except where the city engineer decides that it is not needed.
(d) The developer or contractor shall post the streets and driveways with "no
parking" signs to meet city standards.
(e) The public streets and private driveways labeled on all plans.
(f) The common area labeled as Outlot B on all plans.
(g) Areas for proof of parking off of the streets wherever possible.
(6) The design of the ponding areas and any rainwater garden(s) shall be subject to
the approval of the city engineer. The developer shall be responsible for getting
any needed off-site utility, grading or drainage easements and for recording all
City Council Meeting 09-12-05 19
necessary easements.
b. Submit a certificate of survey for all new construction and have each building staked by a
registered land surveyor.
c. Submit a revised landscape plan to staff for approval which incorporates the following
details:
(1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within
the ponding area.
(2) The addition of eight -foot -tall trees and/or fencing for screening along the west and
south sides of the site.
(3) The developer shall install landscaping in the ponding areas to break the appearance
of the deep hole and to promote infiltration. Such landscaping shall be approved by the
city engineer and shall be shown on the project landscape plans.
(4) Having in -ground irrigation for all landscape areas (code requirement).
(5) The plantings proposed around the front of the units shown on the landscape plan
date-stamped February 1, 2005, shall remain on the plan.
(5) A concrete walk from the driveway to the door of each unit.
(6) The manicured or mowed areas from the natural areas. This shall include planting
(instead of sodding) the disturbed areas around the ponding area with native grasses
and native flowering plants. The native grasses and flowering plants shall be those
needing little or no maintenance and shall extend at least four feet from the ordinary
high water mark (OHWM) of the pond. This is to reduce maintenance costs and to
reduce the temptation of mowers to encroach into the gardens. Specifically, the
developer shall have the natural areas seeded with an upland mixture and lowland
mixtures as appropriate.
(7) In addition to the above, the contractor shall sod all front, side and rear yard areas
(except for mulched and edged planting beds and the area within the ponding area).
(8) The contractor shall restore the McMenemy Street and Kingston Avenue boulevards
with sod.
(9) Adding more evergreen trees (Black Hills spruce or Austrian pines) along the west and
south property lines of the site. These trees are to be at least eight feet tall, and the
contractor shall plant these trees in staggered rows to provide screening for the
houses to the south and west.
(10) Shows the in -ground lawn -irrigation system, including the location of the sprinkler
heads.
(11) Shall be approved by the city engineer before site grading and shall be consistent with
the approved grading and landscape plans.
(12) Show the landscape or ground treatment for the areas between the driveways of the
double dwellings.
d. Show that Ramsey County has recorded the final plat for this development.
e. Get the necessary approvals and permits from the watershed districts.
City Council Meeting 09-12-05 20
Submit a site lighting plan for city approval. This plan shall show the installation of at least
seven street lights and how the lighting on the buildings would add to the site lighting. This
plan also shall show details about the proposed light fixtures to ensure they are a design
that hides the bulb and lens from view to avoid nuisances. The light fixtures must have
concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways
and from adjacent residential properties.
g. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans.
h. The developer or builder will pay the city Park Access Charges (PAC fees) at the time of
the building permit for each housing unit.
i. Submit the homeowners' association bylaws and rules to the city for approval by the city
staff. These are to assure that there will be one responsible party for the care and
maintenance of the common areas, outlots, the private utilities, trails, sidewalks, signs,
landscaping and retaining walls.
k. Provide the city with a letter of credit or cash escrow for all required exterior improvements.
The amount shall be 150 percent of the cost of the work.
3. Complete the following before occupying each building:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards and sod all turf areas.
c. Complete all landscaping and turf irrigation for that building and its rainwater garden(s).
d. Install the required concrete curb and gutter.
e. Install a reflectorized stop sign at the exits onto McMenemy Street and addresses on each
building for each unit. In addition, the applicant shall install "no parking" signs within the
site, as required by staff.
f. Install and maintain all required trees and landscaping (including the plantings around each
unit and around the pond) and an in -ground sprinkler system for all landscaped areas (code
requirement).
g. Install on-site lighting for security and visibility that follows the approved site lighting plan. All
exterior lighting shall follow the approved lighting plan that shows the light spread and fixture
design. The light fixtures must have concealed lenses and bulbs to properly shield glare
from the adjacent street right-of-ways and the nearby homes and residential properties.
h. Install a six -foot -high solid screening fence or additional trees along the west and south
property lines of the site where the vegetation does not adequately screen the townhouses
from the existing dwellings. These additional materials are to ensure there is at least a six-
foot -tall, 80 percent opaque screen on these sides of the site. The location, design and
materials of the fence or the additional landscaping shall be subject to city staff approval.
i. The developer or contractor shall:
(1) Complete all grading for the site drainage, complete all public improvements and meet
all city requirements.
(2) Place temporary orange safety fencing and signs at the grading limits.
City Council Meeting 09-12-05 21
(3) Remove any debris or junk from the site.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The above -required letter of credit or cash escrow is held by the city for all required
exterior improvements. The owner or contractor shall complete any unfinished
landscaping by June 1 of the next year if the building is occupied in the fall or winter, or
within six weeks of occupancy if the building is occupied in the spring or summer.
5. All work shall follow the approved plans. The director of community development may
approve minor changes.
6. Provide a sign and landscape plan for the entrance and island at McMenemy Street for city
staff approval. The monument sign shall be no more than six feet tall and shall have
materials that are consistent with and architecturally compatible with the buildings within the
development. The landscaping shall be compatible with the extreme conditions of the
location and the materials shall need little or no maintenance.
7. The building elevations are not approved with this design review. The applicant shall submit
revised building elevations to the community design review board (CDRB) for final approval.
Seconded by Councilmember Rossbach Ayes -All
2. Consolidated Dispatch Financing Options
a. City Manager Fursman presented the report.
b. Finance Director Faust presented specifics from the report.
C. David Twa, Ramsey County Manager was present to address questions from the
council.
No action was taken.
K. NEW BUSINESS
Intoxicating Liquor License — Huey's Saloon — Donald Huot
a. City Manager Fursman presented the report.
b. City Clerk Guilfoile presented specifics from the report.
C. Mr. Huot addressed the council.
Councilmember Monahan-Junek moved to deny the intoxicating liquor license for Donald Huot
for Huey's Saloon.
The facts for denial were based on the criminal background check and records for Mr. Huot.
City Council Meeting 09-12-05 22
Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers
Juenemann and Monahan-Junek
Nay-Councilmember Koppen
2. Set Public Hearing Dates on Proposed 2006 Budget and Property Tax Levy
a. City Manager Fursman presented the report.
b. Finance Director Faust presented specifics from the report.
Councilmember Monahan-Junek moved to set the hearing dates for the proposed Budget and
Property Tax Levy for December 5th at 7:00 pm. and December 12th at 7:00 p.m.
Seconded by Councilmember Koppen Ayes -All
3. Preliminary Approval of Proposed Tax Levy Payable in 2006
a. City Manager Fursman presented the report.
b. City Manager Faust presented specifics from the report.
Councilmember Rossbach moved to adopt the following resolution requiring a tax levy of
$14.106.370 which is 5% more than 2005:
RESOLUTION 05-09-141
PROVIDING PRELIMINARY APPROVAL OF A PROPOSED
TAX LEVY PAYABLE IN 2006
WHEREAS, State law requires that the City Council give preliminary approval of a proposed tax levy
for 2005 payable in 2006 by September 15, 2005 and
WHEREAS, the City Council has reviewed the Proposed 2006 Budget and has determined the
amount of the proposed tax levy payable in 2006 which is the maximum amount that will be levied.
NOWTHEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA THAT the proposed tax levy for 2005 payable in 2006 in the amount of $14,106,370 is hereby
given preliminary approval.
City Council Meeting 09-12-05 23
TAX LEVY FOR 2005-2006
Seconded by Monahan-Junek Ayes -all
4. County Road D Realignment – City Project 02-07 – Consider Resolution Approving
Memorandum of Agreement with State of Minnesota Historical Preservation
Organization for Railroad Right of Way
a. City Manager Fursman presented the report.
b. Public Works Director presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution approving the Memorandum of
Agreement with the State of Minnesota Historical Preservation Organization for Railroad Right
of Way:
City Council Meeting 09-12-05 24
Proposed
2005
2006
Change
Levy
Levy
Amount
Percent
Operations:
General Fund
$9,769,250
10,738,190
$968,940
9.9%
Ambulance Service Fund
$382,240
$0
$382,240
-100.0%
Center Operations Fund
$0
$39,000
$39,000
N/A
—Community
Recreation Programs Fund
$289,440
$312,380
$22,940
7.9%
Operations Total
$10,440,930
$11,089,570
$648,640
6.2%
Capital Improvements:
C.I.P. Fund
$120,710
$0
$120,710
-100.0%
F.T.R. Fund
$55,000
$0
$55,000
-100.0%
Park Development Fund
$0
$0
$0
N/A
Fund
$0
$0
$0
N/A
—Redevelopment
Capital Improvements Total
$175,710
$0
($175,710)
-100.0%
Debt Service:
Debt Service Fund
$2,818,000
$3,016,800
$198,800
7.1%
Totals -All Funds
$13,434,640
$14,106,370
$671,730
5.0%
Seconded by Monahan-Junek Ayes -all
4. County Road D Realignment – City Project 02-07 – Consider Resolution Approving
Memorandum of Agreement with State of Minnesota Historical Preservation
Organization for Railroad Right of Way
a. City Manager Fursman presented the report.
b. Public Works Director presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution approving the Memorandum of
Agreement with the State of Minnesota Historical Preservation Organization for Railroad Right
of Way:
City Council Meeting 09-12-05 24
MEMORANDUM OF AGREEMENT 05-09-142
BETWEEN THE SURFACE TRANSPORTATION BOARD,
THE MINNESOTA STATE HISTORIC PRESERVATION OFFICER, AND
THE CITY OF MAPLEWOOD, MINNESOTA
REGARDING THE
BNSF RAILWAY COMPANY —ABANDONMENT EXEMPTION — IN RAMSEY COUNTY, MN
Docket No. AB -6 (Sub -No. 429X)
MINNESOTA COMMERCIAL RAILWAY COMPANY — DISCONTINUANCE OF SERVICE EXEMPTION — IN
RAMSEY COUNTY, MN
Docket No. AB -882 (Sub -No. 1X)
August 17, 2005
WHEREAS, the Surface Transportation Board (STB)1, the lead Federal Agency, has received a Verified Notice
of Exemption Under 49 U.S.C. § 1152.50 for the BNSF Railway Company (BNSF) abandonment of an out -of -
service rail line that extends from a point approximately 100 feet north of Interstate Highway 694 in White Bear
Township to a point approximately 50 feet north of Beam Avenue in Maplewood, a distance of 0.67 miles in
Ramsey County, Minnesota; and
WHEREAS, the STB has determined that the proposed project is an undertaking which may have an effect
upon historic properties included in or eligible for inclusion in the National Register of Historic Places, and is in
consultation with the Minnesota State Historic Preservation Officer (SHPO), pursuant to Section 800 of the
regulations (36 CFR Part 800) implementing Section 106 of the National Historic Preservation Act, 16 U.S.C.
470f; and
WHEREAS, the STB in consultation with the SHPO has determined that the proposed abandonment will have
an effect on the rail line, a property eligible for listing in the National Register; and,
WHEREAS, the City of Maplewood, the project proponent, participated in the consultation and have been
invited to concur in this Memorandum of Agreement; and,
WHEREAS, the STB has consulted with the SHPO and the City of Maplewood pursuant to Section 36 CFR
800.6 regarding ways to avoid, minimize, or mitigate effects to the rail line; and,
WHEREAS, the STB, in consultation with the Signatory and Invited Signatory, has developed a mitigation plan
for the development of a historic context of the rail line; and,
WHEREAS, the STB may use an independent third -party contractor, working under its supervision, direction,
and control, and at the City of Maplewood's expense, to assist in meeting the STB's responsibilities defined in
the stipulations below; and,
NOW, THEREFORE, STB and the SHPO agree that the undertaking shall be implemented in accordance with
the following stipulations in order to take into account the effect of the undertaking on historic properties.
Stipulations
STB, in consultation with the City of Maplewood, will ensure that the following measures are carried out.
1 The STB was created with the passage of the ICC Termination Act of 1995 (Pub. L. No. 104-88). STB, an independent body within
the U.S. Department of Transportation, is responsible for administering rail, pipeline, and certain adjudicatory function involving
motor and water carriers. These responsibilities are similar to those duties formerly administered by the Interstate Commerce
Commission. The STB is the lead agency under the National Historic Preservation Act for the BNSF Railway Company —
Abandonment Exemption — in Ramsey County, MN and the Minnesota Commercial Railway Company Discontinuance of Service
Exemption in Ramsey County, MN.
City Council Meeting 09-12-05 25
I. The City shall provide an interpretive sign at the trail head located at XXXXX. The interpretive sign will
provide an overview of the history of the rail line corridor and present its importance to the development
of the state of Minnesota. The City will consult with the SHPO on the content and presentation of the
interpretive sign. This sign will be erected at the conclusion of construction of County Road D,
anticipated to be no later than XXXXX.
II. The SHPO shall have thirty (30) calendar days after the receipt of adequate documentation to review
and comment on the City's interpretive sign.
III. The City shall retain the professional services of a qualified historian/architectural historian meeting at a
minimum the Secretary of the Interior's Professional Qualifications Standards for historian or
architectural historian. The history of the rail line will be prepared in accordance with Attachment A
which was developed for this project in coordination with the STB and the SHPO. Work on the history
shall commence no later than April 15, 2006 with completion by April 15, 2007.
IV. The City, on behalf of STB, shall provide the history to the SHPO. The SHPO shall have thirty (30)
calendar days after the receipt of the history to provide comment upon it to the City and STB.
V. The City shall provide two copies of the history to the SHPO. Copies shall also be provided to the
agencies responsible for management of the trails that make use of the railway right-of-way for use in
preservation management and interpretive programs and distributed to libraries in communities located
along the trail corridor and other repositories, as requested.
VI. If Stipulations I-V have not been completed by April 15, 2007, the parties to this Agreement shall review
this Agreement to determine whether revisions are needed. If revisions are needed, the parties to this
Agreement shall consult in accordance with 36 CFR Part 800 to make such revisions.
VII. The City shall permit the SHPO to review and comment on all contracts that the City proposes to use to
implement the terms of this Agreement. The City shall not alter the terms of any such contract, nor
appoint new personnel responsible for overseeing such contract, without first affording the SHPO the
opportunity to review the proposed replacement personnel change and determine whether it will require
that revisions be made in this Agreement. If revisions are needed, the parties to this Agreement shall
consult in accordance with 36 CFR Part 800 to make such revisions.
VIII. Should any party to this Agreement object within thirty (30) days after receipt to any contracts or
reports, or other documents provided for review pursuant to this Agreement, or to the manner in which
this Agreement is being implemented, the STB shall consult with the objecting party to resolve the
objection. If the STB determines that the objection cannot be resolved, the STB will request the
comments of the Advisory Council on Historic Preservation (Council) pursuant to 36 CFR §800.6(b).
Any Council comment provided in response to such a request shall be taken into account by the STB in
accordance with 36 CFR §800.6(c)(2) with reference only to the subject of the dispute; the STB's
responsibility to carry out all actions under this Agreement that are not the subjects of the dispute shall
remain unchanged.
Execution of this Memorandum of Agreement by the STB, the SHPO, and the City, and its subsequent
submission to the Advisory Council on Historic Preservation (Council) in accordance with 36 CFR
800.6(b)(1)(iv), shall, pursuant to 36 CFR 800.6(c), be considered to be and agreement with the Council for the
purposes of the National Historic Preservation Act. Execution and submission of the Memorandum of
Agreement, and implementation of its terms, evidences that the STB has afforded the Council an opportunity
to comment on the proposed action relating to the line, and that STB has taken into account the effects of the
abandonment on historic properties and is satisfying the requirements of Section 106 of the National Historic
Preservation Act (Title 16 USC Section 470(f).
Surface Transportation Board
Seconded by Councilmember Monahan-Junek Ayes -All
City Council Meeting 09-12-05 26
5. Ordinance Amendment — Fee Waivers (First Reading)
a. City Manager Fursman presented the report.
b. City Clerk Guilfoile presented specifics from the report.
Councilmember Koppen moved to approve the first reading of the following ordinance
amendment permitting the City Manager or his designee to waive fees for the aforementioned
licenses or permits.
The city code currently reads:
Sec. 2-7. Waiver of license or permit fee for city events.
The city council may waive any requirements for payment of a license fee or permit fee for any city -
sponsored event.
Staff is requesting that the current code be amended to permit administrative approval on these types
of fee waivers. Any fee waiver that requests intoxicating liquor would continue to be brought to
council for approval.
Sec. 2-7. Waiver of license or permit fee for city events.
The city +l manager or his designee may waive any requirements for payment of a license fee
or permit fee for local organizations, non -profits and a44y-city-sponsored events.
Seconded by Councilmember Monahan-Junek Ayes -All
6. Fire Fighter Relief Association
a. City Manager Fursman presented the report.
Councilmember Rossbach moved to increase the benefits for the Fire Fighters Relief
Association from $3,600 to $4,000 per year and to bring the proposed staff changes of the
bylaws to the September 26th City Council Meeting.
Seconded by Councilmember Koppen Ayes -All
L. VISITOR PRESENTATIONS
Cindy Hall 1596 Grandview Avenue, Maplewood, was present to address the council
regarding the situation with the Pioneer Press located at in the property at1600-1636
Gervais Avenue.
M. COUNCIL PRESENTATIONS
Deer Meeting South Maplewood — Councilmember Rossbach announced a meeting will
be held by the Nature Center staff, at Fire Station #4 at 6:30 p.m. regarding the deer
throughout the city and a future sharp shooter hunt.
2. Steiner Development was addressed during visitor presentations.
3. Gladstone Redevelopment — Councilmember Koppen wanted to inform the public that
there is no discussion among the council regarding using eminent domain during the
Gladstone Redevelopment.
City Council Meeting 09-12-05 27
4. A St. Paul Regional Water Update was given by Mayor Cardinal
5. The Myth Nightclub Update — Chief Thomalla and Chief Lukin gave an update on the
progress of the club and how it is running.
N. ADMINISTRATIVE PRESENTATIONS
City Manager Fursman announced that Police Officers Flor and Szczepanski will be
going to Louisiana to assist the victims of the hurricane and help the city maintain order.
Mayor Cardinal moved to accept Jackie Monahan-Junek's resignation from the City Council
effective at the closing of the meeting.
Seconded by Councilmember Koppen Ayes -All
O. ADJOURNMENT
Councilmember Koppen moved to adjourn the meeting at 9:47 p.m.
Seconded by Councilmember Juenemann Ayes -All
City Council Meeting 09-12-05 28
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LAWN & IANY)C4.:Aft MANAIGI,:Ml•�hlT
9/7/05
To: John Schmelz
SchmClz Countryside Saab -Volkswagen
I 180 East Highway 36
Maplewood, MN 55109
W (651) 484-8441; C ; F (651) 484-8446
Site: Schrm;lz Countryside Saab -Volkswagen
l I80 RA% Highway 36
Maplewood, MN 55109
RE: Trees, Shrubs and Mulch
ell � jd
Dear Mr. Schmelz;
Tharik you for giving The Lawn Ranger the opportunity to help you with the
landscape improvements at Schmelz Countryside Saab -Volkswagen. Your project to
replace deal -.'I and dying plants is scheduled to begin on September 19, There are six fir
trees, six globe arborvitaes and four upright arborvltaes that are to be plarned on the
Volkswagen side of the property. There are two upright arboevitaes that are planned to be
planted on the Saab side if the property. The Mulch around the new shrubs and in one
parking bed is to top -dressed with I" of shredded hardwood mulch. The drip irrigation
line will be buried below the mulch,
We -twill also inspect the existing irrigation to make: sure that it is all working
Properly. Hexads may need to be moved or raised to accommodate the new landscaping. If
so, we will assess that need and give you a price for repair, I<f more extensive irrigation
work is required, we should discuss this, and any maintenance; concerns you have, before
we begin work on your project. You should also know that solne of these plants are going
into areas where there is rte -supplemental irrigation. Plants that do notreceive irrigation
cannot be warranted,
Please review this proposal and call me if you hav+lh any questions about this
Pruject or tale. property in general,
Sincerely,
Jiro Van S1,7 k,e
,Landscape Design & Development
LANDSCAPING & DESIGN - GROUNDS & TREE CArYE . IRRIGATION - SNOW REMMAL - HOLIDAY I_IGHTINC,
P.O_ Box 3940 • MinncapolIs, MN 55439 + Phone, 952--937-6076 s Fax- 9S7_947_�,nns
RECEIVED
SEF 0 7 2005
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