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