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HomeMy WebLinkAbout10-24-2005/_1 A MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 24, 2005 Council Chambers, Municipal Building Meeting No. 05-23 CALL TO ORDER PLEDGE OF ALLEGIANCE C. ROLL CALL A E. F Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Will Rossbach, Councilmember APPROVAL OF MINUTES Present Present Present Present 1. Minutes from the October 10, 2005 City Council Meeting Councilmember Koppen moved to approve the minutes from the October 10, 2005 City Council Meeting as amended. Seconded by Councilmember Rossbach Ayes -All 2. Minutes from the October 17, 2005 Special City Council Meeting Councilmember Koppen moved to approve the minutes from the October 17, 2005 Special City Council Meeting. Seconded by Councilmember Juenemann Ayes -All APPROVAL OF AGENDA Councilmember Koppen moved to approve the agenda as amended. M1. Mayor's Forum M2. South Leg Meeting M3. Paramedic Service M4. Paid Per Call Firefighter M5. Ramsey County League of Local Government N1. Council Appointment Seconded by Councilmember Juenemann Ayes -All APPOINTMENTS/PRESENTATIONS 1. Proclamation — World Town Planning Day a. City Manager Fursman presented the report. City Council Meeting 10-24-05 b. City Manager Fursman read the proclamation announcing November 8 as World Planning Day. 2. D and D Towing Gift to Police Department a. City Manager Fursman presented the report. b. Dean Mathisen, 2096 McKnight Road, North St. Paul, Mr. Mathisen presented the Police Department with a donation in honor of his father who passed away on October 8, 2005. G. CONSENT AGENDA Councilmember Juenemann moved to approve consent agenda items 1-11. Seconded by Councilmember Koppen Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE: $ 7,904.03 Checks # 68153 thru # 68154 dated 10/05/05 $ 673,909.31 Checks #68155 thru # 68218 dated 10/11/05 $ 759,634.25 Disbursements via debits to checking account dated 9/30/05 thru 10/06/05 $ 380.25 Checks # 68219 dated 10/13/05 $ 340,438.57 Checks # 68220 thru # 68271 dated 10/18/05 $ 284,210.83 Disbursements via debits to checking account dated 10/07/05 thru 10/13/05 $ 2,066,477.24 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated 10-07- $ 461,592.86 05 $ 2,406.75 Payroll Deduction check # 102805 thru # 102807 dated 10-07-05 2 City Council Meeting 10-24-05 $ 463,999.61 Total Payroll $ 2,530,476.85 GRAND TOTAL 2. Conditional Use Permit Review — Sibley Cove Apartments (1996 County Road D) Moved to review the conditional use permit (CUP) for the Sibley Cove Apartments at 1996 County Road D again in June, 2006, or sooner if the owner proposes a major change to the site. 3. Conditional Use Permit Review — Hmong Alliance Church (1770 McMenemy Street) Moved to approve the conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street again in one year. 4. Increase in Records, Elections and License Department Service Charges Approved the following revisions in the Records, Elections, and License Service Charges: RECORDS, ELECTIONS, AND LICENSES Service Charges Estimated Annual Volume 2004 Fee 2005 Fee 2006 Fee Adult Use & Sexually -Oriented Business 0 $508 $515 $525 Alarm Installation Permit 20 49 50 51 Alarm System License 165 49 50 51 Amusement Park License 1 341 345 352 Auctioneer License 1 94 95 97 Bench Permit 1 st Bench Additional Benches 1 18 61 37 62 37 63 38 Business Registration License 125 0 35 36 Carnival License 3 335 339 346 Cat License - fee for two years ' 100 18 19 19 Catering Food Vehicle License 1st Vehicle Each Additional Vehicle Fleet 2 1 1 114 77 305 115 78 309 117 80 315 Christmas Tree Sales License 8 202 205 209 City Council Meeting 10-24-05 Cigarette and Tobacco License 65 86 87 89 Coin Op. Amusement Device Base Fee 38 200 203 207 Per Device 447 50 51 52 Contractors License 600 114 115 117 Currency Exchange License 1 313 317 323 Dog Kennels - New License 1 74 75 77 Dog Kennels - Renewal License 2 39 40 41 Dog License - Fee for two years ' 700 18 19 19 Food Establishment License 126 590 598 610 Golf Course License 4 289 293 299 Home Occupations - Renewal 5 55 56 57 Itinerant Food Establishment License 12 67 68 69 Liquor License - Investigation Fee: Investigations in state 2 Investigations out of state 8 0 500 902 500 914 500 932 Liquor License - Temporary On -Sale - Per Day 179 181 185 Motels: 1 - 15 Units 16 - 35 Units 36 - 100 Units Over 100 Units 1 2 1 2 109 148 272 313 110 150 276 317 112 153 282 323 Motor Vehicle Repair License 49 141 143 146 Nonperishable Food Vehicle License 1st Vehicle Each Additional Vehicle Fleet 2 1 1 67 40 155 68 41 157 69 42 160 Pawn Shop 1 9,140 9,260 9,260 Pending Assessment Search 170 42 43 44 Personal Service Business Premise License -New 1 635 643 656 Personal Service Business Premise License - Renewal 3 226 229 234 Personal Service Worker - Investigation Fee 1 118 120 122 City Council Meeting 10-24-05 Personal Service Worker - License 13 195 198 202 Potentially Haz. Food Vehicle Licensing 1st Vehicle 3 160 162 165 Each Additional Vehicle 1 77 78 80 Fleet 1 456 462 471 Second Hand Dealer License 4 321 325 332 Service Station License 1st Pump 17 161 163 166 Each Additional Pump 101 14 14 14 Sewer Connection Permit 145 83 84 86 Solicitor License Base Charge 2 151 153 156 Each Solicitor 2 52 53 54 Special Food Handling Establishment 35 90 91 93 Swimming Pool License - Commercial Indoor 10 104 105 107 Outdoor 22 104 105 107 Combined 2 141 143 146 Tavern License 1 51 52 53 Taxicab License 71 72 73 Base Charge 1 53 54 55 Each Driver 1 24 24 24 Temporary Food and Beer License 31 47 48 49 Temporary Gambling Permit - Per Day 3 50 51 52 Theater License - Indoor 14 204 207 211 Theater License - Outdoor 0 500 507 517 Trailer Rental License 1st Five Trailers 3 40 41 42 Each Additional License 13 13 13 Used Car Dealer License 11 292 296 302 5. 2005 Budget Adjustments for Debt Service and Capital Project Funds Approved the 2005 Budget Adjustments for Debt Service and Capital Project Funds. 6. Traffic Control Signal Agreement 88640M for TH 61 at Arcade Street and Roselawn Avenue — Park Entrance City Council Meeting 10-24-05 Adopted the following resolution approving Traffic Control Signal Agreement No. 88640M between the Minnesota Department of Transportation and the City of Maplewood: RESOLUTION 05-10-156 BE IT RESOLVED that the City of Maplewood enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: For maintenance and operation of the existing traffic control signal with Street Lights, Interconnect and Signing on Trunk Highway 61 at Arcade Street/Roselawn Avenue -Park Entrance in accordance with the terms and conditions set forth and contained in Agreement No. 88640M, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 88640M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF MAPLEWOOD FOR Maintenance and Operation of the existing Traffic Control Signal with Street lights, Interconnect and Signing on Trunk Highway 61 at Arcade Street/Roselawn Avenue -Park Entrance, in Maplewood, Ramsey County, Minnesota. C.S. 6222 Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE None AMOUNT ENCUMBERED None Otherwise Covered PARTI ES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State), and the City of Maplewood, (City). City Council Meeting 10-24-05 RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The Ramsey County Public Works Department has turned back the road formerly known as County State Aid Highway No. 60 (Arcade Street)/Roselawn Avenue -Park Entrance to the City. This road is currently known as Arcade Street/Roselawn Avenue -Park Entrance. The parties desire to provide the maintenance and operation for the existing traffic control signal, including street lights, interconnect and signing (Traffic Control Signal), on Trunk Highway 61 at Arcade Street/ Roselawn Avenue -Park Entrance. Due to Ramsey County no longer having jurisdiction over any legs of this intersection, Ramsey County will no longer perform the minor maintenance or pay for the monthly electrical power for the existing Traffic Control Signal, at the location provided for above. The City and the State will participate in the maintenance and operation of the existing Traffic Control Signal. CONTRACT 1. The responsibility for the existing Traffic Control Signal is as follows: a) the City will, at its cost and expense: (1) relamp the existing traffic control signal; (2) clean and paint the existing traffic control signal, cabinet and luminaire mast arm extensions; (3) maintain the luminaires and all their components, including replacement of the luminaire if necessary; and (4) relamp the street lights; and b) The State will, at its cost and expense, maintain the signing and interconnect and perform all other existing traffic control signal and street light maintenance. 2. The City will, at its cost and expense, pay all monthly electrical service expenses necessary to operate the existing Traffic Control Signal. 3. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. The City's liability is governed by Minnesota Statutes Chapter 466 and other applicable law. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 4. All timing of the existing Traffic Control Signal will be determined by the State, and no changes may be made except with the approval of the State. 5. Upon execution and approval by the City and the State, this agreement will supersede and terminate the maintenance and operation terms in Agreement No. 77076, Dated July 14, 1998, regarding the intersection of Trunk Highway 61 at County State Aid Highway No. 60 ( Arcade Street)/ Roselawn Avenue Park Entrance, between Ramsey County, Maplewood, and the State. 6. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7. If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 8. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 9. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written City Council Meeting 10-24-05 agreement of the parties. 7. Currency Exchange License Renewal — Cashway Checking — 3035 White Bear Avenue Approved the annual renewal license for Cashway Checking. 8. Temporary Gambling Resolution — Presentation of the Blessed Virgin Mary Adopted the following resolution approving the temporary gambling resolution for the Presentation of the Blessed Virgin Mary, 1725 Kennard Street, Maplewood, MN: RESOLUTION 05-10-157 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 9. IT Budget Transfer Approved the Finance Director to make the appropriate budget adjustments for 2005 by moving $45,000 from the IT Fund Reserves. 10. Legacy Village Release of Obligation Adopted the following Release of Obligations Under Master Development Agreement: CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RELEASE OF OBLIGATIONS UNDER MASTER DEVELOPMENT AGREEMENT KENNARD PROFESSIONAL BUILDING, LLC I. Recital. 1.1 The Effective Date of this Agreement is 2005. 1.2 The Parties to this Agreement are City of Maplewood, Minnesota, a Minnesota statutory city ("City"), Legacy Holdings -MW LLC, a Minnesota limited liability company ("Master Developer') and Kennard Professional Building, LLC, a Minnesota limited liability company ("Successor Developer"). 1.3 City and Master Developer are parties to a Master Development Agreement with an effective date of September 8, 2003, recorded November 21, 2003 as Document No. 3704070 in the Office of the Ramsey County Recorder and recorded November 21, 2003 as Document No. 1791278 in the Office of the Ramsey County Registrar of Titles, as amended by First Amendment to Development Agreement with an City Council Meeting 10-24-05 8 effective date of February 9, 2004 and as amended by a Second Amendment to Development Agreement with an effective date of April 26, 2005 ("Master Development Agreement"). 1.4 Various real estate parcels are subject to the Master Development Agreement and Successor Developer has entered into an Agreement with Master Developer to purchase one of the parcels subject to the Master Development Agreement for the purpose of developing a corporate/commercial facility (the "Kennard Development"). Such parcel is referred to as the western part of "Phase 7 — Outlot G" in the Master Development Agreement but is now legally described as: That part of Lot 2, Block 2, LEGACY VILLAGE OF MAPLEWOOD, according to the recorded plat thereof, lying westerly of a line described as follows: Commencing at the northeast corner of said Lot 2; thence South 89 degrees 46 minutes 12 seconds West, along north line of said Lot 2, a distance of 594.65 feet to the beginning of the line to be described; thence South 0 degrees 14 minutes 51 seconds East a distance of 357.70 feet to the south line of said Lot 2, and said line there terminating. 1.5 In connection with the acquisition of the Subject Parcel, Successor Developer has requested that the Subject Parcel and the Successor Developer be released from the terms and conditions of the Master Developer Agreement pursuant to Section 9.2(c) of the Master Development Agreement and Master Developer has requested to be released from the terms and conditions of the Master Development Agreement as to the Subject Parcel pursuant to Section 9.3 of the Master Development Agreement. 1.6 City has approved the Subject Parcel for use consistent with the proposed Kennard Development, on that basis, City is willing to release both the Successor Developer and Master Developer from the terms and conditions of the Master Development Agreement subject to Master Developer's acknowledgement of its obligations under Section 6.2 of the Master Development Agreement to pay a part of the special assessments attributable to the Subject Parcel as set forth on Exhibit F to the Master Development Agreement and its continuing obligations as to other parcels that remain subject to the Master Development Agreement. 1.7 THEREFORE, IT IS AGREED AS FOLLOWS: II. Agreement. 2.1 Because City has approved the Kennard Development as set forth above, City agrees that: (a) The Subject Parcel is released from the Master Development Agreement and therefore the Master Development Agreement no longer encumbers the Subject Parcel. (b) Successor Developer has no liability or obligations under the Master Development Agreement; provided however, this Agreement does not release the Successor Developerfrom its obligations to timely pay City fees and charges due in the ordinary course of development and building construction. 2.2 Successor Developer will commence and complete the Kennard Development as approved by the City. 2.3 From and after the effective date set forth above, Master Developer is released from its obligations under the Master Development Agreement as to the Subject Parcel subject to the following: (a) Master Developer will comply with the terms of Section 6.2 of the Master Development Agreement in connection with the payment of special assessments attributable to the Subject Parcel; and City Council Meeting 10-24-05 (b) Master Developer remains liable under the Master Development Agreement as to all other parcels subject to the Master Development Agreement that are not released hereby or previously released. This document drafted by: Briggs and Morgan, P.A. (DJC) W2200 First National Bank Bldg. 332 Minnesota Street St. Paul, MN 55101 11. Legacy Village Assessments Adopted the following Special Assessment Escrow Agreement: See attachment A H. PUBLIC HEARINGS 7:00 p.m. Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05-10: a. Assessment Hearing b. Approve Resolution for Adoption of Assessment Roll a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: William Kayser, 6408 81St Avenue North, Brooklyn Park d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution adopting the assessment roll for the Dahl Avenue Street and Utilitv Improvements for Woodhill Development: RESOLUTION 05-10-158 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on October 24th, 2005, calling for a Public Hearing, the assessment roll for the Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05-10, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, no property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: No property owners have filed objections as of October 17, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on November 14th, 2005, as to their recommendations for adjustments. 2. The assessment roll for the Dahl Avenue Street and Utility Improvements for Woodhill City Council Meeting 10-24-05 10 Development as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2006 and shall bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 23rd, 2005, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 23rd, 2005, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county no later than November 24tH 2005. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Rossbach Ayes -All I. AWARD OF BIDS None J. UNFINISHED BUSINESS Second Reading Special Election Ordinance a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented specifics from the report. Councilmember Koppen moved to adopt the following second reading of the Special Election Ordinance No. 866: ORDINANCE 866 Filling a Council Vacancy A. The council shall appoint an eligible person to fill a vacancy on the city council as soon as is practicable after the vacancy occurs. The person appointed shall serve for the unexpired portion of the term unless a special election is required hereunder or by state law. B. Special Election — In the event a vacancy is declared pursuant to state law, the city council shall by resolution declare such a vacancy to exist. If the unexpired term is for a period of six months or less, the council shall appoint an eligible person to serve for the remainder of the unexpired term. In the event the unexpired term is greater than six months, the council shall hold a special election to fill the unexpired term. The special election shall be held as soon as the vacancy is declared as is practical under state law, no special primary election shall occur in cases of special elections held pursuant to this City Council Meeting 10-24-05 11 section. The ordinance will be published on November 2nd in the official newspaper and will then be in effect. K. NEW BUSINESS Ramsey County Public Library (3025 Southlawn Drive) a. Land Use Plan Change (BC (business commercial) to L (Library)) (3 votes) b. Conditional Use Permit for Planned Unit Development (PUD) Revision a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics of the report. City Attorney Kelly informed the council that the land use plan change requires a super majority vote. With the one vacant council seat, that would mean 3 votes are needed for approval. d. Commissioner Fischer representing the Planning Commission Report. e. The following persons were heard: Susan Niemitz, Director Ramsey County Library Tim Karle, HDA Architects Jason Thomas, representing the Hartford Group Councilmember Rossbach moved to adopt the resolution approving a comprehensive land use plan amendment from BC (business commercial) to L (library) for the proposed Ramsey County Library to locate within Legacy Village along Southlawn Drive. Approval is based on the following reasons: LAND USE PLAN CHANGE RESOLUTION 05-10-160 WHEREAS, the Hartford Group applied for a change to the City's land use plan from BC (business commercial) to L (library) for the construction of a library for Ramsey County. WHEREAS, this change applies to the property located at the southwest corner of Legacy Parkway and Southlawn Drive. The legal description is: Lots 1 and 2, Block 4, Legacy Village of Maplewood WHEREAS, the history of this change is as follows: On October 3, 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 everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the land use plan change. 2. On October 24, 2005, 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: Libraries are desired and beneficial facilities in both residential and commercial areas. 2. The proposed library would not negatively affect the approved tax -abatement financing plan for Legacy Village. City Council Meeting 10-24-05 12 Seconded by Councilmember Koppen Ayes -All Councilmember Rossbach moved to adopt the following resolution approving a PUD (planned unit development) revision for Legacy Village to allow the proposed Ramsey County Library on Southlawn Drive south of Legacy Parkway. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): CONDITIONAL USE PERMIT REVISION RESOLUTION 05-10-161 WHEREAS, the Hartford Group applied for a conditional use permit revision to amend the PUD (planned unit development) for Legacy Village for the construction of a proposed Ramsey County library. WHEREAS, this permit applies to the property at the southwest corner of Legacy Parkway and Southlawn Drive. The legal description is: Lots 1 and 2, Block 4, Legacy Village of Maplewood WHEREAS, the history of this conditional use permit is as follows: On October 3, 2005, the planning commission recommended that the city council approve this permit. The planning commission held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission considered the recommendations of city staff and the public. 2. The city council reviewed this request on October 24, 2005 and considered the recommendations of the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 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. City Council Meeting 10-24-05 13 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1. Compliance with the following PUD revisions: 6) Library G^iel Site (Outlot D): a. This The ^eFnFne ^ ^' site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The library One of the buildings ^n the ^ al site should be sited close to the corner of Southlawn Drive and Legacy Parkway, within 30' of the Se thla yin Drove right-of-way or as close as practicable; c. Allowed signage should only be wall signage or ground -mounted monument signs no more than 12' in height; d. The architectural character and exterior building materials must be in keeping with the nearby senior assisted living building, townhomes and other buildings if present; e. Access to the site will be off Legacy Parkway and onto Southlawn if approved by the city engineer; All ground -mounted and roof -mounted mechanical equipment will be completely screened from eye -level view of adjacent streets and adjacent properties, including the park and trail around the ponding area to the west; r wW rM.T.-MMIsrT.M. :rrwr�. .rsrrsa h. There must be sidewalks connecting enemies to all buildings en site te Legacy Parkway, Southlawn Drive and the path around the pond to the west. and teaet E. Sueh -sidQetbe sepaFatedFeFn the level;let at eHFb level, net paFking let The developer must enter into a development agreement with the city to dedicate a trail along the south side of the property to connect the existing park trail to a future sidewalk along Southlawn Drive. The developer must construct these trails and sidewalks, and any others deemed necessary by the city engineer. i_ Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; L Overstory trees must be planted along the north side of Legacy Parkway and the west side of Southlawn Drive an average of 30'-40' on center. City Council Meeting 10-24-05 14 2. The developer shall comply with the requirements of the city's wetland -protection ordinance. 3. All construction shall follow the site plan (review pending) approved by the city. The director of community development may approve minor changes. 4. The proposed construction shall be substantially started within one year of council appro'� or the permit shall become null and void. The council may extend this deadline for one vear. 5. The city council shall review this permit in one year. 6. If the proposed library has any impact on the terms of the development agreement for Legacy Village, the applicant or county shall pay for any costs associated with the library proposal. Seconded by Councilmember Koppen Ayes -All 2. No Parking Zones —Twin Cities Hmong Alliance Church (1234 County Road B (at Atlantic Street)) a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics from the report. Dr. Steven Mouacheupao, 2717 Longview Drive, North St. Paul Police Chief Lukin expressed his fire safety concerns. City Council Meeting 10-24-05 15 Mayor Cardinal moved to table the item until the November 28th City Council Meeting until the Church Pastor returns from out of the countrv. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal, Councilmembers Koppen and Rossbach Nay-Councilmember Juenemann The following persons were heard: Gerry Markie, 1247 Leland Road, Maplewood Rebecca Groveland, Duluth Street, Maplewood Ahl Her— no address stated David Bartol, 1249 Frisbee, Maplewood Cher Chou Mor, Assistant Pastor of Hmong Alliance Church 3. Metro Transit Park and Ride Facility — City Project 05-32 — Resolution Requesting Traffic Study at County Road B/Rice Street and Improvements to Rice Street/TH 36 Bridge a. City Manager Fursman presented the report b. City Engineer Ahl presented the specifics of the report Councilmember Rossbach moved to adopt the following resolution requesting a traffic study by Metro Transit at the Rice Street/County Road B intersection prior to site approvals for the park and Ride Facility at this intersection and a petition to our local legislative leaders to expedite the improvements to the Rice Street Bridge over TH 36: RESOLUTION 05-10-162 REQUESTING TRAFFIC STUDY AND INTERCHANGE IMPROVEMENTS COUNTY ROAD B/RICE STREET/TH 36 WHEREAS, traffic flow at the intersection of County Road B and Rice Street is impeded by the configuration of the Rice Street Bridge over Highway 36 and the number of intersections in close proximity to the bridge, and WHEREAS, business in this area including St. Jude Medical, Inc., Joe's Sporting Goods, and Cub Foods generate substantial traffic flows on County Road B, and WHEREAS, most traffic utilizing the aforementioned businesses are impacted by the impediments at Rice and County Road B, and WHEREAS, Metro Transit is contemplating the creation of a park and ride lot on the Northeast corner of the intersection of County Road B and Rice Street, and WHEREAS, the park and ride lot will accommodate over 400 vehicles in addition to the bus traffic that will serve this site, and WHEREAS, the vast majority of these vehicles will further exacerbate the existing problems at the County Road B and Rice Street intersection, and WHEREAS, it is believed that further conflicts at the County Road B and Rice Street intersection will have negative impacts on existing businesses in this area, and WHEREAS, the business community in this area is valuable to Maplewood, Ramsey County, and the State of Minnesota due to its creation of qualityjobs and the importance of the products it produces, and WHEREAS, future expansion of these businesses will be jeopardized if employees and customers are negatively impacted by poor traffic flow at the intersection of County Road B and Rice Street, City Council Meeting 10-24-05 16 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Maplewood that: 1. Metro Transit conduct a traffic study on the intersection of County Road B and Rice Street that documents existing traffic impediments, measures the impact of the proposed park and ride lot, and factors in any growth of existing business whose traffic flow utilizes this intersection prior to any consideration of the project by the Maplewood City Council or the award of any contracts by Metro Transit. 2. The Maplewood City Council, Metro Transit, the area businesses, our local senators and representatives and Ramsey County hereby petition the Minnesota Department of Transportation and Governor Pawlenty for funding to reconstruct the Rice Street Bridge over Highway 36 as soon as possible to resolve the existing traffic problems at the intersection of County Road B and Rice Street to enable the construction of a new park and ride lot to serve the area's transit needs as well as making it feasible for existing properties and businesses to continue expanding in Maplewood and Little Canada. Seconded by Council member Juenemann Ayes -All 4. Public Works Building Expansion — City Project 03-19 — Approve Proposal Request ASI No. 8 and Authorize Budget Transfer a. City Manager Fursman presented the report. b. City Engineer AN presented the specifics of the report Councilmember Koppen moved to approve the Proposal Request No. 8 from Jorgenson Construction, Inc. for the Public Works Building Expansion in the amount of $8,857 and authorized the Finance Director to transfer the same amount from the Fleet Management Fund to the Public Works Building Expansion Fund. Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Juenemann and Koppen Nay-Councilmember Rossbach 5. Staff Changes for Building Inspections — Approve Addition of Two Positions (Apprentice Building Inspector and Civil Engineer 1) and Authorize Budget Revisions for 2005/2006 a. City Manager Fursman presented the report. b. David Fischer presented specifics from the report Assistant City Engineer Ahl and Assistant City Manager Coleman answered questions from council. Councilmember Juenemann moved the following staff recommendation to approve the addition of two staff position additions: A. Approve the addition of a full-time apprentice building inspector position as a two-year position as of November 14, 2005. The city will review the need for this position based on the volume of work (quantity of inspections) and the supporting revenue at the end of 2006 and 2007 and after each apprentice building inspector leaves the city. B. Approve the addition of a second full-time Civil Engineer I position as a two-year position as of November 14, 2005. This position will be budgeted 75% to the engineering division (general fund) and 25% to the environmental utility fund. The position will be reviewed with City Council Meeting 10-24-05 17 A. Approve the addition of a full-time apprentice building inspector position as a two-year position as of November 14, 2005. The city will review the need for this position based on the volume of work (quantity of inspections) and the supporting revenue at the end of 2006 and 2007 and after each apprentice building inspector leaves the city. B. Approve the addition of a second full-time Civil Engineer I position as a two-year position as of November 14, 2005. This position will be budgeted 75% to the engineering division (general fund) and 25% to the environmental utility fund. The position will be reviewed with building inspection and engineering revenue numbers at the end of 2006 and again at the end of 2007 to insure a positive budget impact occurs. C. Approve the following budget changes for these positions: 1. Transfer $6,830 from the 2005 General Fund Contingency Reserve into the Building Inspections program budget to cover the cost of this position for the remainder of 2005. 2. Add $55,360 to the Building Inspections program budget for 2006. ($51,880 is needed for the position and $3,480 to maintain an additional vehicle). 3. Add $8,730 to the Engineering program budget for 2006, by adding $39,448 to Engineering Expenditures and $30,718 to Engineering Revenue. 4. Add $18,030 in Employee Services to the Storm Sewer program (Environmental Utility) budget for 2006. Seconded by Mayor Cardinal Ayes -All 6. Strategic Team Development a. City Manager Fursman presented the report and specifics of the report. Councilmember Rossbach moved to approve the transfer of $6,900 from the contingency fund to the executive department for the purposed strategic development function. Seconded by Councilmember Juenemann Ayes—All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. Mayor's Forum -A Mayor's Forum will not be held in November. 2. South Leg Meeting -The next meeting will be held on November 10th at Fire Station #4 with the topic being Development in Maplewood. 3. Paramedic Service -It was brought to Councilmember Juenemann's attention that there was confusion among the public regarding the current status of the paramedic program. Deputy Police Chief Banick stated currently the police department is employing 9 Paramedic/Police Officers, 4 Sergeant/Paramedics and one Police Officer who is in paramedic school. Fire Chief Lukin clarified that he has 8 Firefighter/Paramedics, 1 Firefighters taking his test in the near future and utilizes 2 to 3 of the paid per call Fire Fighter/Paramedics. Deputy Chief Banick stated the primary responder is the Fire Department with the Police Department being the secondary responders. The "police side" of the paramedic program is not being eliminated and all newly hired police officers are required to attend paramedic training if asked as a condition of their employment. City Council Meeting 10-24-05 18 4. Paid per Call Firefighters -Fire Chief Lukin stated the paid per call fire fighters are city employees, the Fire Fighters Relief Association are not. 5. Ramsey County League of Local Government -The next meeting is Thursday, October 27th with the topic being Communication between School Districts and Cities. The meeting will start at 7:00 p.m. will be held at the White Bear School District Service Center. N. ADMINISTRATIVE PRESENTATIONS Council Appointment -The council completed the interview process and have narrowed down the candidates from 9 to 1. David Bartol was voted as the number one candidate after Mayor Cardinal broke a three way tie of the applicants. The temporary appointment will be officially appointed on November 14th, 2005. O. ADJOURNMENT Councilmember Juenemann moved to adjourn at 9:40 p.m. Seconded by Councilmember Koppen Ayes -All City Council Meeting 10-24-05 19 Attachment A October 24, 2005 City Council Minutes SPECIAL ASSESSMENTS ESCROW AGREEMENT THIS SPECIAL ASSESSMENTS ESCROW AGREEMENT ("Agreement") is made and entered into this day of October, 2005, by and between LEGACY HOLDINGS -MW, LLC, a Minnesota limited liability company ("Legacy"); COMMERCIAL PARTNERS TITLE, LLC, a Minnesota limited liability company ("Title"); KENNARD PROFESSIONAL BUILDING, LLC, a Minnesota limited liability company ("Kennard") and CITY OF MAPLEWOOD, MINNESOTA, a Minnesota statutory city ("City"). RECITALS A. Legacy Holdings -MW, LLC, ("Legacy") and the City entered into the Development Agreement relating to the Legacy Village Project, City of Maplewood, Minnesota effective September 8, 2003, as amended ("Development Agreement"). B. Outlot G ("Corporate Commercial Facilities") described on Exhibit F of the Development Agreement has subsequently been platted as Lot 2, Block 2, Legacy Village of Maplewood, Ramsey County, Minnesota. ("Lot 2"). C. The City has approved an administrative lot split for Lot 2 into 2 separate lots, one of which is legally described as: That part of Lot 2, Block 2, LEGACY VILLAGE OF MAPLEWOOD, according to the recorded plat thereof, lying westerly of a line described as follows: Commencing at the northeast corner of said Lot 2; thence South 89 degrees 46 minutes 12 seconds West, along north line of said Lot 2, a distance of 594.65 feet to the beginning of the line to be described; thence South 0 degrees 14 minutes 51 seconds East a distance of 357.70 feet to the south line of said Lot 2, and said line there terminating. (the "Property") D. The Property represents 57% of the total area of Lot 2 as shown on the attached Exhibit A. E. Legacy and Kennard entered into a Purchase Agreement effective August 31, 2004, as amended, for the sale of the Property by Legacy to Kennard. F. Concurrent with the execution of this Agreement, Legacy has conveyed the Property to Kennard. The lot split will be effectuated at the recording of the deeds with the Ramsey County Recorder executed at the closing of this sale. G. There has been a total of $620,869.21 in assessments levied against Lot 2 pursuant to the Development Agreement. Currently the principal balance of the assessments levied against Lot 2 is $567,671.15. The Property's 57% share of the total assessments levied against Lot 2 is $353,895.45. The Property's 57% share of the current principal balance of the assessments levied against Lot 2 is $323,572.56. There are no pending assessments against Lot 2 or the Property. Attachment A October 24, 2005 City Council Minutes H. Section 6.2(e) of the Development Agreement provides that the City will pay $238,575.08 (67.414%) of the $353,895.45 in total assessments levied against the Property at such time as the requirements of Section 6.2(e) of the Development Agreement have been fulfilled. As to the building permit requirements, Kennard anticipates that such building permits will be issued within sixty (60) days of the date of this Agreement. I. Legacy's share of the current principal balance of the assessments levied against the Property is $84,997.48. J. If the requirements of Section 6.2(e) of the Development Agreement are not met on or before November 15, 2005, additional interest of $29,918.45 on the current assessment principal balance for the Property will accrue for tax year 2006. K. Legacy and Kennard are desirous of consummating the sale and purchase at this time, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and the terms and conditions hereinafter set forth, Legacy, Kennard, the City and Title agree as follows: 1. Concurrent with the execution of this Agreement, Legacy has deposited in escrow with Title $114,915.93 (the sum of the amounts recited in Recitals I and J), the receipt of which is hereby acknowledged by Title, to be used to pay assessments as levied as set forth in Recital G above. 2. Title agrees to hold the $114,915.93 until it receives written notice from the City and Kennard that the terms of Section 6.2(e) of the Development Agreement have been fulfilled, at which time the City shall deliver to Title $238,575.08. Title will then hold a total of $353,491.01. Legacy and Kennard agree that the City's obligation to pay special assessments under this Agreement shall be a maximum of $238,575.08. 3. At such time as the terms of Section 6.2(e) of the Development Agreement have been fulfilled Title shall immediately disburse to the Ramsey County Finance Department from the escrowed funds the amount necessary to pay in full the assessments for the Property. Any excess escrowed funds remaining after payment to Ramsey County plus any accrued interest shall be disbursed to Legacy at 1300 Wells Fargo Plaza, 7900 Xerxes Avenue South, Bloomington, MN 55431, Attn. Frank A. Janes, General Counsel. 4. If the terms of Section 6.2(a) of the Development Agreement have not been fulfilled by no later than October 19, 2006, Title will disburse the escrow funds to the City and the City will cause the special assessments against the Property to be paid in full. If for any reason, the payoff of the special assessments is more than the sum of the Escrowed Funds and the amount the City is required to pay under Section 2 hereof, then upon written request from the City to Legacy and Kennard, any additional funds needed will be immediately paid to the City so that the City can pay such special assessments. To the extent that payments are not promptly made, that is within 10 business days of the request, the City will have the right to deduct any such amount from the amount it owes to Legacy pursuant to the provisions of the Tax Abatement Note issued under the Development Agreement and use funds to pay the special assessments. 2 Attachment A October 24, 2005 City Council Minutes 5. The City is executing this Agreement for the following purposes only: (a) to affirm that, subject to the terms of the Development Agreement, it has no interest in the $114,915.93; (b) to affirm that Section 6.2(e) of the Development Agreement, as amended, is in full force and effect as to the Property; (c) to affirm that Legacy is not in default under the Development Agreement as to the Property; (d) to affirm its obligations under Section 6.2(e) of the Development Agreement as to the Property. 6. This Agreement shall terminate upon the release of the $114,915.93 pursuant to Section 2 herein and the performance by the City under Section 6.2(e) of the Development Agreement. 7. Title's escrow service fee is $200.00, receipt of which is hereby acknowledged. Legacy shall be responsible for this fee. 8. The acceptance by Title of its duties under this Agreement is subject to the following terms and conditions, which all parties to this Agreement hereby agree shall govern and control with respect to the rights, duties, liabilities and immunities of Title. (a) Title is not a party to and is not bound by, any agreement which may be evidenced by or arise out of the foregoing escrow instructions, other than expressly therein set forth. (b) Title shall be protected in acting upon any written notice, request, waiver, consent, receipt or other paper or document which Title in good faith believes to be genuine and what it purports to be. (c) Title shall not be liable for any error of judgment, or for any act done or step taken or admitted by it in good faith, or for any mistake of fact or law, or for anything for which it may do or refrain from doing in connection therewith, except its own misconduct. Legacy and Kennard shall indemnify and agree to pay Title for any claims or expenses arising out of this Agreement, including court costs and reasonable attorneys' fees. 9. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. 10. This Agreement shall be governed by the laws of the State of Minnesota. 11. No rescission of this Agreement or modification of its terms shall be effective without the written consent of the undersigned parties. 9 Attachment A October 24, 2005 City Council Minutes IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LEGACY HOLDINGS -MW, LLC a Minnesota limited liability company By: Keith Gruebele Its: Chief Financial Manager KENNARD PROFESSIONAL BUILDING, LLC a Minnesota limited liability company B U. Its: COMMERCIAL PARTNERS TITLE, LLC, CITY OF MAPLEWOOD, MINNESOTA a Minnesota limited liability company a Minnesota statutory city Its: By: Its: By: Its: 4 Attachment A October 24, 2005 City Council Minutes Exhibit A to Special Assessments Escrow Agreement