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HomeMy WebLinkAbout01-24-2005A. B. C. W MINUTES MAPLEWOOD CITY COUNCIL 7:02 P.M. Monday, January 24, 2005 Council Chambers, City Hall Meeting No. 05-02 CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:02 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE Mayor Cardinal read a letter for the parents and family of I sz Class Petty Officer Benjamin Farrell, a Maplewood Resident, who was killed on the USS Ronald Reagan on route to deliver aircraft to South Asia. A moment of silence was held for Officer Farrell. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the City Council/Manager Workshop- January 10, 2005 Councilmember Juenemann moved to approve the minutes from the January 10, 2005 City Council/Manager workshop as presented. Seconded by CouncilmemberMonahan-Junek Ayes -All 2. Minutes from the City Council Meeting- January 10, 2005 Councilmember Juenemann moved to approve the minutes from the January 10, 2005 City Council Meeting as amended. Seconded by Councilmember Koppen Ayes -All E. APPROVAL OF AGENDA M1. Premier Bank Offer M2. RAMCO League of Local Government Legislative Night M3. Report on South Leg Meeting M4. Environmental Fees Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes -All City Council Meeting 01-24-05 1 F. G. APPOINTMENTS/PRE SENTATIONS 1. Police Civil Service Commission Reappointment a. City Manager Fursman presented the report. b. Human Resource Director Le presented specifics from the report. Mayor Cardinal moved to reappoint Steven Gunn to the Police Civil Service Commission. Mr. Gunn's term will be for three years, expiring on December 31, 2007. Seconded by Councilmember Monahan-Junek Ayes -All 2. LEAP Awards Presentation a. City Manager Fursman presented the report. b. Parks and Recreation Director Anderson presented the report. C. Jack Frost, Manager of the Ramsey/Washington Metro Watershed District Board, presented history on the Landscape Ecology Awards Program. d. Dana Larson, Ramsey Co -Chair of the Natural Resource Board, presented the award and certificate to Maplewood for a portion of the state trail behind City Hall. CONSENT AGENDA Councilmember Monahan-Junek moved to approve consent agenda items 5 and 6 as submitted. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal, Councilmembers Juenemann, Monahan-Junek and Rossbach Abstain-Councilmember Koppen Councilmember Koppen moved to approve consent agenda items 10-13 and 16 as submitted. Seconded by Councilmember Rossbach Ayes -All Councilmember Monahan-Junek moved to approve consent agenda items 1, 2, 3, 4, 7, 8, 9, 14, 15, and 17-20 as submitted. Seconded by CouncilmemberRossbach Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE: $ 186,416.16 Checks # 65926 thru # 65997 dated 01/07/05 thru 01/11/05 City Council Meeting 01-24-05 2 $ 815,549.97 Disbursements via debits to checking account dated 12/30/04 thru 01/06/05 $ 275,596.50 Checks # 65998 thru # 66051 dated 01/18/05 $ 152,242.68 Disbursements via debits to checking account dated 01/07/05 thru 01/13/05 $ 1,429,805.31 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 450,977.24 01/14/05 $ 5,746.25 Payroll Deduction check # 100145 thru # 100150 dated 01/14/05 $ 456,723.49 Total Payroll $ 1,886,528.80 GRAND TOTAL 2. Temporary Liquor — Presentation of the Blessed Virgin Mary Church Approved the temporary liquor license for Stephen Klein on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. 3. Carver Elementary — Miscellaneous Permits — Carnival and Temporary Food Approved the fee waiver for the Carnival and Temporary Food permits for Catherine Boehm for the Carver Elementary PTO for April 16, 2005 from 10:00 a.m. to 2:00 p.m. 4. Annual Renewal of Intoxicating Liquor Licenses — On Sale Adopted the following resolution approving the 2005 Intoxicating Liquor License Annual Renewals for On -Sale Liquor License: City Council Meeting 01-24-05 3 RESOLUTION 05-01-004 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On -Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 2005, with approval granted herein subject to satisfactory results of required Police, Fire and Health Inspections: 5-8 Tavern & Grill Bret Shogren Pao Thao Yang James Emison Chipotle Mexican Grill Smiley's D.G. Burger 2289 Minnehaha Avenue 2303 White Bear Avenue 2425 Highway 61 Jose Leon Paul J. Mateyka, Jr. Amanda Kranz Acapulco Mexican Restaurant Deans, Inc. Stargate Bar & Danceclub 3069 White Bear Avenue 1986 Rice Street 1700 Rice Street James Gartner Raymond R. Emerfoll Suzanne Schilling AMF Maplewood Lanes Garrity's Suzanne's Cuisine 1955 English Street 1696 White Bear Avenue 2100 White Bear Avenue Dorothy Helen Piotrowski Bernard Diebel Brian Meyer Applebee's Neighborhood Grill Goodrich Golf Course The Bird 3001 White Bear Avenue 1820 North Van Dyke 3035 White Bear Avenue Bernard Klarkowski Michael Gengler Thomas Hecker Bennigan's Gulden's The Olive Garden 1749 Beam Avenue. 2999 N. Highway 61 1749 Beam Avenue Stephen Yantes Patricia Belde Brain Baumani Bleechers Keller Clubhouse The Rock 2220 White Bear Avenue 2166 Maplewood Drive 2029 Woodlyn Avenue Scott Uttley Noah Castle Club On -Sale Best Western -Maplewood Inn Myth 1730 E. County Road D 3090 Southlawn Avenue Don Standley Loyal Order of Moose 963 Matthew Kielas Cori Blodgett 1946 English Street The Chalet Lounge Noodles & Company 1820 Rice Street 2865 White Bear Avenue Wine On -Sale Judith Landreville Stephen Parr Balbir Shoker Champp's Outback Steakhouse Taste of India 1734 Adolphus 1770 Beam Avenue 1745 Cope Avenue Martin Mongoven Kin Phing Lee Chill's Restaurants Ehrick Holland Singapore Chinese Cuisine Southlawn & Beam Red Lobster 1715-A Beam Avenue 2925 White Bear Avenue City Council Meeting 01-24-05 4 Annual Renewal of Intoxicating Liquor Licenses — Off Sale Adopted the following resolution approving the 2005 Intoxicating Liquor License Annual Renewals for Off -Sale Liquor License: RESOLUTION 05-01-005 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Off -Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2005, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: Todd Norman A-1 Liquor, Inc. 19 North Century Avenue Laber's Liquors Arthur Mark Stein 1700 D Rice Street Lor's Liquor Store Charly Lor 1347 Fost Avenue Wendy Lauber Maplewood Wine Cellar 1281 Frost Avenue Joseph Hurdy M.G.M. Liquor Warehouse 2950 White Bear Avenue Marvin C. Koppen Party Time Liquor 1835 E. Larpenteur Ave. Blong Lee Princess Liquor `n Tobacco 2728 Stillwater Road Christopher Sarrack Sarrack's International Wine & Spirits 2305 Stillwater Road Edwin Koenen Sid's Discount Liquor 2515 White Bear Avenue 6. Annual Renewal of Charitable Gambling Licenses Adopted the following resolution approving the 2005 Annual Gambling Renewals: Marvin Koppen Thomas Nikolas White Bear Avenue Business Maplewood Athletic Association Association 2999N. Highway 61 (Gulden's) 1955 English Street (AMF Lanes) Marvin Koppen Peggy Lang White Bear Avenue Business Church of St. Jerome Association 1986 Rice Street (Dean's) 3035 White Bear Avenue (The Bird) City Council Meeting 01-24-05 Brain Halgrimson TSE, Inc. 1820 Rice Street (The Chalet) Jacqueline Jansen Pioneer Booster Club 2220 White Bear Avenue (Bleecher's) Wendy Busch Merrick, Inc. 1696 White Bear Avenue (Garrity's) Wendy Busch Merrick, Inc. 2029 Woodlyn Avenue (The Rock) Barbara Petersen Hill -Murray Mother's Club 2289 Minnehaha Avenue (5-8 Tavern) Gerald Jansen Hill -Murray Father's Club 1734 Adolphus Street (Champps) RESOLUTION 05-01-006 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the aforementioned business, at the addresses indicated in 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. 7. Planning Commission Rules of Procedure Adopted the Planning Commission's Rules of Procedure. 8. Planning Commission's 2004 Annual Report Accepted the Planning Commission's 2004 Annual Report. 9. Liability Insurance Coverage Approved accepting liability coverage limits of $300,000 per claimant and $1,000,000 per occurrence. 10. Budget Changes for State Fire Aid Approved the appropriate budget changes for 2004 and 2005 for the Maplewood Fire Fighters Relief Association. City Council Meeting 01-24-05 6 11. Budget Changes for Park Development Fund Approved the changes in budget for the 2005 Park Development Fund. 12. Budget Changes for Tax Increment District #1-5 Approved the $7,385 increase in the 2004 Budget for Tax Increment District #1-5. 13. Transfers from Tax Increment Funds Authorized the appropriate 2004 budget adjustments and 2004 transfers totaling $329,890 from the Tax Increment Fund to the Debt Service Fund. 14. Transfer to Close Hazmat Fund Approved the transfer of $2,704.93 from the Hazmat Fund to the General Fund. 15. Budget Changes for 2004 Bond Issues Authorized staff to make the appropriate 2004 and 2005 budget changes for 2004 bond issues. 16. Budget Adjustment for Audit Fees Approved the 2005 budget adjustment of $5,000 to finance the annual audit. 17. Donation from Applebee's — Fire Department Accepted a $1,125.00 donation from Applebee's for the Maplewood Fire Department and thanked firefighter Jeff Schadt for his time and efforts. 18. Purchase of Police Vehicles Authorized the purchase of six 2005 Ford Crown Victoria Police Interceptor Squad Cars. 19. Donation from Schmelz Countryside Volkswagen Accepted a $2,000 donation from John Schmelz from Countryside Volkswagen for the D.A.R.E. program and Senior Citizen blood pressure checks at Maplewood Mall. 20. Assignment of Tax Abatement Note Approved the Assignment of Tax Abatement Note subject to review by Briggs and Morgan. H. PUBLIC HEARINGS 7:00 p.m. Trout Land Development (Highway 61 and new County Road D) Right -of -Way and Easement Vacations Final Plat Revision a. City Manager Fursman presented the report. City Council Meeting 01-24-05 7 b. Planner Roberts presented specifics from the report. C. James Kellison, the developer, answered questions from council. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to adopt the following resolution vacating the excess Highway 61 right-of-way a shown on the Trout Land Final Plat. Vacation is because it is in the public interest since this right-of-way is not needed for highway purposes: RIGHT OF -WAY VACATION RESOLUTION 05-01-007 WHEREAS, James Kellison, of Kelco Real Estate Development Services, applied for the vacation of the following: Vacate that part of State Trunk Highway No. 61, as dedicated on the recorded plat of FRATTALONE' S HIGHPOINT RIDGE, Ramsey County, Minnesota. All that part of the Northwest Quarter of the Northwest Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, which lies westerly of a line drawn parallel and concentric with and distant 135.00 feet westerly from the following described line: From a point on the east and west quarter line of Section 4, Township 29 North, Range 22 West, distant 156.3 feet west of the east quarter corner thereof, run southwesterly at an angle of 77 degrees 13 minutes 30 seconds from said east and west quarter line (measured from west to south) for 53.6 feet; thence deflect to the right at an angle of 9 degrees 52 minutes 00 seconds for 529.44 feet to a point of beginning of Line "A" to be described; thence run northeasterly along the last described course for 100 feet to tangent spiral point; thence deflect to the left on a spiral curve of decreasing radius (spiral angle 1 degree 30 minutes 00 seconds) for 200 feet to spiral curve point; thence deflect to the left on a 1 degree 30 minute 00 second circular curve (delta angle 6 degrees 2 minutes 00 seconds) for 457.77 feet to curve spiral point; thence deflect to the left on a spiral curve of increasing radius (spiral angle 1 degree 30 minutes 00 seconds) for 200 feet; thence on a tangent to said curve for 163 8.3 3 feet to tangent spiral point; thence deflect to the right on a spiral curve of decreasing radius (spiral angle 2 degrees 00 minutes 00 seconds) for 200 feet to a spiral curve point; thence deflect to the right on a 2 degree 00 minute 00 second circular curve (delta angle 15 degrees 15 minutes 30 seconds) for 762.92 feet to curve spiral point and there terminating And which lies northerly of the westerly extension of the southerly line of TRACT G, REGISTERED LAND SURVEY NO. 525, files of the Ramsey County Registrar of Titles, said westerly extension and said southerly line also being the southerly line of said Northwest Quarter of the Northwest Quarter. And which lies southerly of the easterly extension of the southerly line of TRACT B, REGISTERED LAND SURVEY NO 322, files of the Ramsey County Registrar of Titles. Except TRACT A, REGISTERED LAND SURVEY NO 322. City Council Meeting 01-24-05 8 Subject to the rights of the City of Maplewood as assignee of the limited highway easement created by that document filed for record on August 5, 1935 in the Office of the Ramsey County Registrar of Titles as Document Number 152625. WHEREAS, on January 24, 2005, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff. WHEREAS, after the city approves this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation because it is in the public interest since this right-of-way is not needed for highway purposes. Seconded by Councilmember Monahan-Junek Ayes- All Councilmember Rossbach moved to approve the revised Trout Land Final Plat showing the inclusion of a third commercial lot fronting on Highway 61. Approval is subject to the November 22, 2004 CitX Council conditions of the final plat approval. Seconded by Councilmember Koppen Ayes- All 2. 7:35 p.m. Conditional Use Permit Review - Maplewood Business Center (1616 Gervais Avenue) a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: 1. Patrick Lensing, representing Steiner Development Company 2. Cindy Hall, 1596 Grandview Avenue 3. Frank Peak, 345 Cedar Street, representing the Pioneer Press 4. Cindy Hall, second appearance 5. Ed Pawlenty, 345 Cedar Street, representing the Pioneer Press 6. Patrick Lensing, second appearance d. Mayor Cardinal closed the public hearing. Councilmember Rossbach City Council Meeting. Seconded by Councilmember Juenemann Ayes -All L AWARD OF BIDS None City Council Meeting 01-24-05 9 J. K. UNFINISHED BUSINESS None NEW BUSINESS Intoxicating Liquor License — Moose Lodge — Alan Hartman a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. Applicant Alan Hartman was present for council questions. Councilmember Monahan-Junek moved to approve the on -sale intoxicating liquor license for Alan Hartman for the Maplewood Moose Lodge located at 1964 English Street. Seconded by Councilmember Rossbach 2. Tobacco Free Parks Ayes -Mayor Cardinal, Councilmembers Juenemann, Monahan-Junek and Rossbach Abstain-Councilmember Koppen City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. The following persons were heard: Kayla Helkamp, 1997 Price Avenue, Maplewood Carolyn Wiger, 2200 Buehl Avenue, North St. Paul Daniel Olson, 2244 Arkwright Street, Maplewood Andrea Vento, 2298 Frank Street, Maplewood Danita Sanders, 2524 Hazelwood Street, Maplewood Vicky Sanders, 2425 Hazelwood Street, Maplewood Christina Thill, 2356 Dorland Lane, Maplewood Patricia Gallagher, 1989 Payne, Maplewood Councilmember Rossbach moved to support the parks and recreation commission's recommendation as well as that of the North High students to support a tobacco -free policy. With a friendly amendment that the policy would not allow the exception during adult softballag mes. Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Juenemann and Rossbach Nays-Councilmembers Koppen and Monahan-Junek City Council Meeting 01-24-05 10 Mayor Cardinal moved to support the parks and recreation commission's recommendation as well as that of the North High students to support a tobacco -free policy and that the policy would not allow the exception during adult softball games. Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Juenemann, Monahan-Junek and Rossbach Nays-Councilmember Koppen Katie Engman, with the Ramsey County Tobacco Coalition provided information on who is responsible for posting the no smoking signs and where in the parks they are typically located. A five- minute break was taken. Maplewood Imports Auto Center (2450 Maplewood Drive) a. Land Use Plan Change (CO to M-1) b. Zoning Map Change (CO to M-1) C. Conditional Use Permit d. Design Approval City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. John Hanson with LeJuene Investments provided further specifics about the proposal. d. Commissioner Fisher provided the Planning Commission report. Boardmember Shankar provided the Community Design Review Board Report. f. John Baker, architect for the project answered council questions. Councilmember Koppen moved to adopt the following resolution approving the proposed land use change for the Maplewood Imports Auto Center at 2450 Maplewood Drive: LAND USE PLAN CHANGE RESOLUTION 05-01-011 WHEREAS, Jon Hansen, representing the property owner, proposed a change to the city's land use plan from CO (commercial office) to M-1 (light manufacturing). WHEREAS, this change applies to the vacant property on the east side of Maplewood Drive, north of Gervais Avenue, in Maplewood, Minnesota. WHEREAS, the history of this change is as follows: 1. On December 20, 2004, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the proposed plan amendment. 2. On January 24, 2005, the city council discussed the proposed land use plan change. They considered reports and recommendations from the planning commission and city staff. City Council Meeting 01-24-05 11 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described land use plan change because it will: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 6. Prevent premature use, overcrowding or overuse of land especially when supportive services and facilities, such as utilities, drainage systems or streets are not available. 7. Help to implement the goals of the comprehensive plan including: a. The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks and open space. b. Safe and adequate access will be provided for all properties. C. Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man-made or natural barriers. d. The city coordinates land use changes with the character of each neighborhood. e. Group compatible businesses in suitable areas. f Promote the joint use of parking areas, drives and trash containers. g. Avoid disruption of adjacent or nearby residential areas. 8. The previous property owner never constructed the office park on the property that the CO land use designation was for, that the city had implemented for the site. Seconded by CouncilmemberMonahan-Junek Ayes -All Councilmember Koppen moved to adopt the following resolution approving the proposed zoning map changes for the Maplewood Imports Auto Center at 2450 Maplewood Drive. ZONING MAP CHANGE RESOLUTION 05-01-010 WHEREAS, Jon Hansen, representing the property owner, proposed a change to the city's zoning map from CO (commercial office) to M-1 (light manufacturing). WHEREAS, this change applies to the vacant property on the east side of Maplewood Drive, north of Gervais Avenue, in Maplewood, Minnesota. WHEREAS, the history of this change is as follows: 1. On December 20, 2004, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the proposed zoning map change. 2. On January 24, 2005, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described change in the zoning map for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning City Council Meeting 01-24-05 12 code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The previous property owner never constructed the office park on the property that the CO zoning designation was for, that the city had implemented for the site. Seconded by CouncilmemberMonahan-Junek Ayes -All Councilmember Koppen moved to adopt the following resolution approving the Conditional Use Permit for the Imports Auto Center at 2450 Maplewood Drive: RESOLUTION 05-01-008 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Jon Hansen, representing the property owner, applied for a conditional use permit for a motor vehicle sales and maintenance complex, including a new Audi dealership and three other motor vehicle dealerships; WHEREAS, this permit applies to the vacant properties on the east side of Maplewood Drive, north of Gervais Avenue. The legal descriptions are: All of Lots 15, 16 and 17 lying Easterly of Duluth Street and Maplewood Drive, W. H. Howard's Garden Lots and all that part of Lot 18 lying easterly of Duluth Street and Maplewood Drive and westerly of the east 300 feet thereof, W. H. Howard's Garden Lots, Ramsey County, Minnesota (PINS 09-29-22-14-0007, 09-29-22-13-0001, 09-29-22-14-0002, 09-29-22-14-0003 and 09-29- 22-14-0004) (Addresses: 2444, 2464 and 2490 Maplewood Drive) WHEREAS, the history of this conditional use permit is as follows: 1. On December 20, 2004, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the proposed permit. 2. On January 24, 2005, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described conditional use permit based on the building and site plans. The city approves this permit because: City Council Meeting 01-24-05 13 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water 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. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The construction of the proposed Audi building must be started within one year of city council approval or the approval for this addition shall end. The city council may extend this deadline for one year. 3. The loading or unloading of automobiles on the public right-of-way is prohibited. The owner or operator shall only conduct such activities on their private property. 4. The operators of the dealerships shall park the automobiles and motor vehicles on designated paved or engineered porous or permeable surfaces. 5. The owners and operators of the dealerships shall not store damaged vehicles on the site for more than 48 hours, except in the buildings or in fully -screened storage areas. 6. The owners and operators of the dealerships shall store all garbage, trash, waste materials. tires, vehicles parts and obsolete parts in the buildings or in fully -enclosed trash containers or enclosures. 7. The owners and operators of the dealerships shall not store any tires, vehicle parts, garbage, trash, waste materials or other debris outside. All such storage must be inside the buildings or in approved enclosures. City Council Meeting 01-24-05 14 8. The owners and operators shall ensure that all vehicle repair, assembly, disassembly and maintenance is done within enclosed buildings. 9. The owners and operators shall ensure that the noise from the business operations, including any external speakers, shall not exceed the state noise standards and all activities on the site must meet all city noise regulations. 10. The city council shall review this permit in one year. 11. Before starting the construction of the second building on the site, the owner or developer shall contribute money to the city for their fair share of the costs of city -installed improvements at TH 36 and English Street and at TH 61 and Connor Avenue as determined by the cities traffic engineer and by the city council. The developer may contribute this payment by providing an escrow to the city or by signing an assessment waiver agreement. 12. The owners and operators of the dealerships shall meet all the requirements of the Maplewood sign ordinance and shall not use banners, streamers, flags, balloons or inflatable devices for advertising purposes. Seconded by CouncilmemberMonahan-Junek Ayes -All Councilmember Koppen moved to approve the plans date-stamped November 17, 2004, for the proposed Audi automobile dealership building and related sales/storage lot at 2450 Maplewood Drive. Approval is subject to the property owner doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this prod ect. 2. Signs shown on the site plan and building elevations are not part of this approval and will require separate sign permits. 3. Submit the following for staff approval before the city issues a grading or building permit: (a) Final grading, paving, drainage, utility, traffic/street improvement and erosion control plans. These plans shall meet the requirements of the city code and the city engineer. (b) A striping plan for the new automobile sales/storage lot. The plan must include drive aisles that are at least 24 feet in width. (c) A revised landscape plan to include: (1) The ponds should be vegetated with native grasses with Forbes. Native shrubbery and trees should be planted on the upland portion of the perimeter of the pond. (2) All landscaped areas, excluding landscaping within the ponds, must have an underground irrigation system. road). (3) Showing additional overstory trees on the west side of the site (near the frontage City Council Meeting 01-24-05 15 (d) A revised outdoor lighting and photometric plan. The revised plan shall show the height and style of all outdoor lights and that the light illumination from all outdoor lights does not exceed .4 foot candles at all property lines. (e) A 100 -foot -wide wetland protection buffer easement. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, grading, filling or dumping within the buffer. The applicant shall record the deed for this easement before the city will issue a grading or building permit. (f) Verification that all watershed district special provisions, as indicated on the watershed district permit, are met before the city issues a building or grading permit for the site. (g) A revised south building elevation showing the final design elements and materials for the gates of the trash enclosure. The gates are to be 100 percent opaque and shall be constructed of wood or metal instead of chain-link fencing with slats. (h) Combine the five existing parcels into one parcel for tax and identification purposes with Ramsey County. The owner or contractor must submit proof of lot combination to city staff before the city will issue a grading or building permit. (i) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 4. The applicant or the contractor shall complete the following before occupying the Audi building or before using the storage lot: a. Replace any property irons removed because of this construction. b. Install a reflectorized stop sign at the exit and a handicap -parking sign for each handicap accessible parking space. c. Construct a trash dumpster enclosure to meet code requirements, unless trash dumpsters are stored indoors. d. Install an in -ground lawn irrigation system for the parking lot islands and for all landscape areas (except the ponding areas). Lawn irrigation in the right-of-way may be waived if MnDOT will not allow it. It is also waived in the wetland buffer area. e. Post signs identifying the customer and employee parking spaces. f Install city -approved wetland buffer signs at the edge of the wetland buffer easement that notifies that no building, mowing, cutting, grading, filling or dumping is allowed within the buffer. g. Install all the required exterior improvements, including landscaping and signs. h. Install all bituminous and the engineered porous or permeable surface and the curb and gutter. Stripe all drive aisles. Install all required landscaping by June 1 if the dealership or if the sales/storage lot is City Council Meeting 01-24-05 16 finished in the fall or winter, or within six weeks of completion of the sales/storage lot if it is finished in the spring or summer. k. Install all exterior lighting. Screen all roof -mounted equipment visible from public streets. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. 6. All work shall follow the approved plans. The director of community development may approve minor changes. 7. This approval does not include the signs. The signage for the development will be reviewed by staff through the sign permit process. 8. This approval does not include any of the other buildings on the site (except the Audi dealership). The owner shall apply to the city for design approval for each of these buildings (including the architectural, landscaping and drainage plans). The community design review board (CDRB) must approve the project plans for each of these buildings before the city can issue a building permit for each building. 9. This approval sets the design standard for the future buildings on this campus. The city expects high quality design, materials consistent with this building, a unified theme with similar features and design elements for the other buildings on this site. Seconded by CouncilmemberMonahan-Junek Ayes -All 4. Trunk Highway 36 Comprehensive Transportation Plan Update — Authorize Consultant Contract City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to approve the hiring of SEH, Inc. as consultant to conduct an update of the Transportation Section of the City's Comprehensive Plan in the amount of $39,665. It is further recommended the City Council approve the carryover of $35,000 from the 2004 Buffet. Seconded by CouncilmemberRossbach Ayes -All 5. Resolution Authorizing City Engineer to pursue Speed Limit Change on Holloway Avenue -Item Pulled City Council Meeting 01-24-05 17 6. County Road D Realignment (West), Project 02-08 — Resolution Approving Plans and Advertising for Bids, (Re -Bid of Street Construction) City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolution approving the plans and specifications for the roadway construction of the County Road D Realignment) West of TH 61 to Highridge Court) City Project 02-08, and authorized receipt of bids on March 18, 2005 at 10:00 a.m.): RESOLUTION 05-01-009 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on February 9, 2004, plans and specifications for the roadway construction of County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the city council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00.m. on the 18th day of March, 2005, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of March 28, 2005. Seconded by CouncilmemberRossbach Ayes -All 7. Time Extension for the Larpenteur Property Purchase Agreement a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Monahan-Junek moved to extend their approval for the closing on the land sale to February 28, 2005. City Council Meeting 01-24-05 18 L. M. N Seconded by Councilmember Koppen VISITOR PRESENTATIONS None COUNCIL PRESENTATIONS Ayes -Mayor Cardinal, Councilmembers Juenemann, Monahan-Junek and Rossbach Nays-Councilmember Koppen 1. Premier Bank Offer -Mayor Cardinal forwarded a certificate term offer from Premier Bank to Finance Director Faust. 2. Ramsey County League of Local Government Legislative Meeting-Councilmember Juenemann announced the next meeting will be held Thursday, January 28th 7:00 p.m. at 145 University Avenue in St. Paul. 3. South Leg Group-Councilmember Rossbach provided an update from the January meeting. 4. Environmental Fee-Councilmember Koppen relayed a question regarding credit items for the environmental fee. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Councilmember Koppen moved to adjourn at 11:05 a.m. Seconded by Councilmember Juenemann Ayes -All City Council Meeting 01-24-05 19 e e, e, �7?, AGENDA NO. G-20 AGENDA REPORT TO: City Manager FROM: Assistant Finance Director RE: ASSIGNMENT OF TAX ABATEMENT NOTE DATE: January 24, 2005 The Hartford Group is refinancing their mortgage on the remaining parcels they own in the Legacy Village development with Stearns Bank. As part of this process, they require a new Assignment of Tax Abatement Note. Please note that the attached Assignment may require changes. Briggs and Morgan is in the process of reviewing the document and may suggest some minor modifications. It is recommended that the Council approve the Assignment of Tax Abatement Note subject to review by Briggs and Morgan. The final Assignment will be presented at the city council meeting on January 24, 2005. P:\agn\Hartford Assign Dev Agree ASSIGNMENT OF TAX ABATEMENT NOTE -" Deleted: DEVELOPMENT AGREEMENT This ASSIGNMENT OF TAX ABATEMENT NOTQd he_"Assignment") is made as of Deleted: this _ day of January, 2005, from LEGACY HOLDINGS -MW, LLC, a Minnesota limited Deleted: DEVELOPMENT liability company ("Assignor"), to STEARNS BANK NATIONAL ASSOCIATION, a AGREEMENT Minnesota banking corporation ("Assignee"). RECITALS: A. Assignor and Assignee are parties to that certain Business Loan Agreement dated as of January , 2005 (the "Loan Agreement") whereby Assignee agreed to make a loan to Assignor in the original principal amount of up to $6,240,000 (the "Loan"), which Loan is evidenced by that certain Promissory Note dated January , 2005, in the original principal amount of $6,240,000 executed by Assignor and payable to the order of Assignee (the "Note"), which Note is secured by, among other documents, that certain Mortgage dated January , 2005, by Assignor, as mortgagor, to Assignee, as mortgagee (the "Mortgage"), which covers real property legally described on Exhibit A attached to the Mortgage (the "Property"). B. Assignor has entered into that certain Development Agreement, dated September 8, 2003, as amended ("Development Agreement") by and between Assignor and the City of Maplewood, Minnesota ("City"), pursuant to which City has agreed to issue its General Obligation Public Improvement Bonds and its General Obligation Tax Abatement Bonds, in the amounts required by the Development Agreement; has agreed to construct certain improvements on or adjacent to the Property; and has agreed to issue its Tax Abatement Note to Assignor in the original principal amount of $2,888,000 (the "Tax Abatement Note"). C. As a condition to making the Loan, Assignee requires that Assignor enter into this Assignment. D. Assignor has determined that the execution, delivery and performance of this Assignment are in Assignor's best business and pecuniary interests. E. Assignor is delivering this Assignment as security for Assignor's obligations to Assignee contained in the Loan Agreement, the Note, the Mortgage and the other documents and instruments executed and delivered by Assignor in connection therewith (collectively, "Loan Documents"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, it is agreed as follows: 1. ASSIGNMENT. In consideration of the Loan as evidenced by the Note and as security for Assignor's obligations pursuant to the Loan Agreement, the Note, the Mortgage and the other Loan Documents, ASSIGNOR HEREBY ASSIGNS, TRANSFERS AND GRANTS A SECURITY INTEREST TO ASSIGNEE, its successors and assigns, in and to all Assignor's right, title, interest and benefits in, to, for or relating to the Tax Abatement Note. While an Event of Default under the Mortgage is continuing, Assignee may, but shall not be obligated to, instruct City that Assignee shall thereafter exercise all rights and privileges of Assignor with respect to the Tax Abatement Note. COVENANTS, WARRANTIES AND REPRESENTATIONS. 2.1 Assignor represents and warrants to Assignee that (i) Assignor has not previously assigned, conveyed, transferred or encumbered any interest whatsoever in the Tax Abatement Note; (ii) the Tax Abatement Note has not been amended, modified, terminated or supplemented in any respect and the Tax Abatement Note is in full force and effect; (iii) Assignor has not performed any acts or executed any instruments which might prevent Assignee from exercising Assignor's rights under the Tax Abatement Note; and (iv) a true and correct copy of the Tax Abatement Note is attached hereto and made a part hereof as Exhibit A. ,Assignor sha_ ll cause the Deleted: Upon the is5�a��e cne�eorby original Tax Abatement Note to be delivered to Assignee, to be held by Assignee as security for city' Assignor's obligations, as provided above. 2.2 Neither this Assignment nor any action or actions on the part of Assignee shall constitute an assumption by Assignee of any obligation on the part of Assignor under the Development Agreement, but Assignee acknowledges that its interest in the Property is subject to the terms of the Development Agreement, and Assignor shall continue to be liable for all obligations thereunder. Assignor hereby agrees to perform each and all of its obligations under the Development Agreement and to defend, indemnify and hold Assignee free and harmless from and against any loss, cost, liability or expenses (including, but not limited to, attorneys' fees and accountants' fees) resulting from any failure of Assignor to so perform. 2.3 Assignor hereby irrevocably constitutes and appoints Assignee its true and lawful attorney-in-fact in Assignor's name or in Assignee's name or otherwise to, upon the occurrence and during the continuance of an Event of Default under the Loan Agreement, enforce all rights of Assignor under the Tax Abatement Note. It is hereby recognized that the power of attorney herein granted is coupled with an interest and shall not be revocable. if under the terms of this Assignment. the City makes any payments to the Assignee, Assignee will indemnify City as to any claim made by Assienor against the City relating to such payment. 2.4 Assignor hereby agrees that (i) Assignor will not assign, convey, transfer or encumber any interest whatsoever in the Tax Abatement Note, other than by this Assignment; (ii) the Tax Abatement Note will not be amended, modified, terminated or supplemented in any respect, except with the prior written consent of Assignee and except as provided below; and (iii) Assignor will not perform any acts or execute any instruments which might prevent Assignee from exercising Assignor's rights under the Tax Abatement Note. BINDING. This Assignment shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 4. MISCELLANEOUS. 4.1 Termination. This Assignment shall be automatically terminated without any action by the parties and shall be of no further force or effect upon the payment or prepayment of all outstanding principal and accrued interest due on the Note and the satisfaction of all of Assignor's obligations under the Loan Agreement and the other Loan Documents. 4.2 Notices. All communications and notices hereunder shall be given in accordance with the notice provisions of the Loan Agreement. 4.3 Governing Law. This Assignment shall be governed by the internal laws of the State of Minnesota. Wherever possible each provision of this Assignment shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Assignment shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Assignment. 4.4 Attorney's Fees. In the event of litigation between the parties hereto, declaratory or otherwise, in connection with or arising out of this Assignment, the prevailing party shall recover from the non -prevailing party all actual litigation costs and expenses, including attorneys' fees, paralegals' fees and other professional or consultants' fees expended or incurred in connection therewith, as set by the court, including for appeals, which shall be determined and fixed by the court as part of the judgment. 4.5 Consent to Jurisdiction. Assignee submits and consents to personal jurisdiction to the courts of the Ramsey County, Minnesota and the courts of the United States of America sitting in such State for the enforcement of this instrument and waive any and all personal rights under the laws of any state or the United States of America to object to jurisdiction in such courts in the State of Minnesota. Litigation may be commenced in the state court of general jurisdiction for Ramsey County, Minnesota or the United States District Court located in that state, at the election of Assignee. Nothing contained herein shall prevent Assignee from bringing any action in any other state or jurisdiction against any other party or exercising any rights against any security given to Assignee or against Assignor personally or against any property of Assignor, if Assignee is unable for any reason to obtain jurisdiction over any party to such action in such courts. Commencement of any such action or proceeding in any other state or jurisdiction shall not constitute a waiver of consent to jurisdiction of or the submission made by Assignor to personal jurisdiction within the State of Minnesota. 4.6 Jury Trial Waiver. THE UNDERSIGNED WAIVES TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH ANY PARTIES TO THIS ASSIGNMENT ARE INVOLVED DIRECTLY OR INDIRECTLY AND ANY MATTER IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THIS ASSIGNMENT OR THE RELATIONSHIP ESTABLISHED HEREUNDER, AND WHETHER ARISING OR ASSERTED BEFORE OR AFTER THE DATE OF THIS ASSIGNMENT. This Assignment is executed and delivered as of the day and year first above written. ASSIGNOR: LEGACY HOLDINGS -MW, LLC, a Minnesota limited liability company M Jack C. Brandt, Its: Chief Manager CITY: The City hereby acknowledges and consents to the foregoing Assignment. THE CITY OF MAPLEWOOD, MINNESOTA By: Its: Dated: 2005.