HomeMy WebLinkAbout03-14-20050
C.
711
E.
F.
MINUTES
MAPLEWOOD CITY COUNCIL
7:02 P.M. Monday, March 14, 2005
Council Chambers, City Hall
Meeting No. 05-05
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
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Absent
Will Rossbach, Councilmember Present
APPROVAL OF MINUTES
Minutes from the Council/Manager Workshop, February 28, 2005
Councilmember Juenemann moved to approve the minutes from the February 28, 2005 City
Council/Manager workshop as presented.
Seconded by Councilmember Koppen Ayes -All
2. Minutes from City Council Meeting -February 28, 2005
Councilmember Juenemann moved to approve the minutes from the February 28, 2005 City
Council Meeting as amended.
Seconded by Councilmember Koppen Ayes -All
APPROVAL OF AGENDA
K9. Justice Assistance Grant
M1. Maplewood 50th Anniversary Committee
M2. Cable Commission
M3. Ramsey County League of Local Government
M4. Maplewood Library
M5. Democratic Governance
Councilmember Koppen moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes -All
APPOINTMENTS/PRESENTATIONS
City Council 03-14-05
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 391,709.00 Checks # 66352 thru # 66408
dated 02/25/05 thru 03/01/05
$ 158,750.61 Disbursements via debits to checking account
dated 02/18/05 thru 02/24/05
$ 244,566.91 Checks # 66409 thru # 66460
dated 03/08/05
$ 291,793.94 Disbursements via debits to checking account
dated 02/25/05 thru 03/03/05
$ 1,086,820.46 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated 02-25-
$ 434,000.27 05
$ 3,840.69 Payroll Deduction check # 100628 thru # 100631
dated 02-25-05
$ 437,840.96 Total Payroll
$ 1,524,661.42 GRAND TOTAL
2. Conditional Use Permit Review — Kline Nissan (3090 Highway 61 North)
Approved to review the conditional use permit for Kline Nissan 3090 Maplewood Drive
again in six months (September 2005). The conditional use permit can be reviewed
sooner if a problem arises or the applicants propose a major change to the site.
3. Conditional Use Permit Review — Hillcrest Animal Hospital (1320 County Road D)
Approved to review the permit in the future only if a problem arises or if Hillcrest Animal
Hospital proposes a major change to the site.
4. Purchase of Two Police Vehicles
Authorized the purchase of two 2005 Ford Crown Victorias for use by the Police
Department's volunteer programs.
5. Temporary Gambling — Temporary Liquor — Church of the Presentation of the Blessed
Virgin Mary
City Council 03-14-05 2
Adopted the following resolution for a temporary gambling and temporary liquor
application for Stephen Klein on behalf of the Church of the Presentation of the Blessed
Virgin Mary, 1725 Kennard Street:
RESOLUTION 05-03-023
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.
6. Grading of the Southwind Builder's Site, City Project 04-31 — Resolution for Acceptance
of Project
Adopted the following resolution for Acceptance of Project for the Grading of the
Southwind Builders site, City Project 04-31:
RESOLUTION
ACCEPTANCE OF PROJECT 05-03-024
WHEREAS, the city engineer for the City of Maplewood has determined that the
City Improvement: Grading of the Southwind Builders Site, City Project 04-31, is complete and
recommends acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that City Project 04-31 is complete and maintenance of this
improvement is accepted by the city. Release of any retainage or escrow is hereby authorized.
Councilmember Koppen moved to adopt consent agenda item 1 and 3-6.
Seconded by Councilmember Rossbach Ayes -All
Mark Weis, Manager of Kline Nissan (3090 Highway 61 North) addressed council regarding the
concerns the council had with the conditional use permit. Council encouraged Mr. Weis to
inform the dealership of his concerns and to ensure the conditions are met.
Councilmember Koppen moved to adopt consent agenda item 2.
Seconded by Councilmember Rossbach Ayes -All
H. PUBLIC HEARINGS
None
AWARD OF BIDS
None
City Council 03-14-05 3
J. UNFINISHED BUSINESS
Gladstone Neighborhood Development Moratorium Extension (Second Reading)
a. City Manager Fursman presented the staff report.
b. Community Development Director Coleman presented specifics from the report.
Councilmember Juenemann moved to adopt the second reading of the following ordinance
extending the development moratorium for the Gladstone Neighborhood for six months or until
the city council approves a redevelopment plan for this area, whichever comes first:
ORDINANCE NO. 861
AN ORDINANCE EXTENDING THE DEVELOPMENT MORATORIUM FOR THE GLADSTONE
NEIGHBORHOOD
The area under consideration (hereinafter "Gladstone Neighborhood") includes land generally located
along Frost Avenue and English Street in Maplewood as follows: properties south of the Gateway Trail,
properties north of Frisbee Avenue, properties east of Phalen Place North, and properties west of Ide
Street North (refer to Gladstone Neighborhood Strategic Planning Study Area map attached for exact
location).
The Maplewood City Council ordains:
SECTION 1. PURPOSE
1.01 The City of Maplewood is conducting a strategic planning study that includes land use planning
components for the Gladstone Neighborhood.
1.02 The objective of the study is to design a strategic development plan including drawings and
design standards the city can use, along with city ordinances, to achieve a sustainable, livable
center for this neighborhood.
1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may
need to be revised to reflect the following issues:
- Land use
- Building setbacks
- Building height
- Design standards for buildings
- Pedestrian flow and safety
- Parking
- Streetscaping
- Signage
- Lighting
- Landscaping
- Housing density
1.04 There is a need for this study to be conducted so that the city can adopt changes to the city's
zoning ordinance, zoning map, comprehensive plan, and design standards for the redevelopment
of the Gladstone Neighborhood.
1.05 There, further, is a need to extend the previously -adopted moratorium ordinance six months for
the continued planning study of the Gladstone Neighborhood.
City Council 03-14-05 4
SECTION 2. STRATEGIC PLANNING STUDY; MORATORIUM
2.01 The study is authorized by the city. City staff shall coordinate this study with the Metropolitan
Council, hired consultants, Gladstone property and business owners, interested citizens, city
council, and various city commissions and boards.
2.02 Upon completion of the study, it shall be presented to the planning commission and community
design review board for their review and recommendation to the city council.
2.03 A moratorium on development in the Gladstone Neighborhood is adopted pending adoption of
the study and any amendments to the city's zoning ordinance, zoning map, or comprehensive
plan as deemed necessary as a result of the study by the city council. The city will not approve
any subdivision, design plans or building permit for commercial, institutional, or multi -family
residential land uses for the exterior construction of new buildings or additions, and freestanding
signs during the moratorium period.
SECTION 3. TERM
3.01 The term of this ordinance extension shall be for one and one-half years from the date of it's
original adoption or until such time as the city council adopts the study and any amendments to
the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a
result of the study.
SECTION 4. VARIANCES
4.01 Variances from this ordinance may be granted by the city council based upon a determination
that a proposed subdivision or development would be compatible with proposed land use and
zoning, and that such proposals would keep with the spirit and intent of this ordinance. The
procedures to be followed in applying for a variance from this ordinance shall be in accordance
with state law on findings for variances and shall include the following:
a. The applicant shall file a completed application form, together with required exhibits, to
the Community Development Department.
b. The application for a variance shall set forth special circumstances or conditions which
the applicant alleges to exist, and shall demonstrate that the proposed subdivision or
development is compatible with existing or proposed land use and zoning.
C. The application shall be submitted to the planning commission for their review and
recommendation to the city council.
d. The city council may in its discretion set a public hearing prior to making a final
determination on the requested variance.
e. The city council may impose such restrictions upon the proposed subdivision or
development as may be necessary to comply with the purpose and intent of this
ordinance.
Seconded by Councilmember Koppen Ayes -All
2. Code Amendment — POD's (Second Reading)
a. City Manager Fursman presented the staff report.
b. Community Development Director Coleman presented specifics from the report.
City Council 03-14-05 5
Councilmember Koppen moved to adopt the following ordinance amendment to the Portable
On -Demand Storage Unit:
Ordinance 860
Section. 30-7 Unlawful disposal; location of containers for collection - portable on -demand
storage units (PODs); disposal of inflammable or explosive materials.
(h) No property owner or person shall store on a residential property a portable on -
demand storage unit (POD) more than 60 days in any 12 -month period starting with the
day/date the POD is first moved on-site. All PODs must be stored on an impervious surface
on the property. The City may grant a time extension of an additional 60 days provided the
Property owner gets a tracking permit for the POD from the City. In no case shall a POD be
stored on a property more than 120 days in any 12 -month period. This provision applies to
all residential properties including townhouses, condominiums, and multi -family complexes.
PODs stored on residential properties in conjunction with a building permit or home
improvement project are exempt from this provision, except for the requirement to keep the
POD on an impervious surface. In such a case, the property owner shall make every effort to
adhere to the 120 day maximum time limit.
Language that is underlined and bolded represents the proposed ordinance additions.
Seconded by Councilmember Juenemann Ayes -All
K. NEW BUSINESS
Schlomka Property Proposed Development, South of Carver Avenue at Henry Lane --
Concept Plan Review and Consider Request for Preparation of Environmental
Assessment Worksheet
a. City Manager Fursman presented the staff report.
b. Public Works Director Ahl presented specifics from the report.
C. Commissioner Trippler presented the Planning Commission Report
d. Clark Whitland, Representing Rottlund Homes, expressed that they were not ready to
present a Concept Plan Review to the council and requested to withdraw the request for
the Environmental Assessment Worksheet at this time.
Councilmember Koppen moved to accept Rottlund Homes request to table their request for an
Environment Assessment Worksheet at this time.
Second Councilmember Rossbach Ayes - All
2. Trout Land Auto Dealerships (County Road D, west of Highway 61)
Conditional Use Permit (Parcel 1)
Conditional Use Permit (Parcel 2)
a. City Manager Fursman presented the staff report.
b. Perry Thorvig, Consultant Planner presented specifics from the report.
C. Commissioner Trippler presented the Planning Commission Report
City Council 03-14-05 6
d. Jim Kellison Representing Trout Land, Proposed Business Owners Steve Bloomer and
Bryan Tetters (representing Ryan Companies) addressed questions from the City
Council.
Councilmember Koppen moved to adopt a resolution approving a conditional use permit for a
used car sales and automotive repair for the property known as Parcel 1 in the Trout Land
development located on the west side of Highway 61, north of the future County Road D
extension.
Seconded by Councilmember Juenemann
Motion Denied
Mayor Cardinal moved to reconsider.
Seconded by Councilmember Rossbach
Ayes-Councilmember Koppen and
Juenemann
Nays—Councilmember Rossbach
and Mayor Cardinal
Ayes -Mayor Cardinal,
Councilmembers Juenemann and
Koppen
Nays-Councilmember Rossbach
Councilmember Juenemann moved that council suspended this item and move to the next item
so that the applicant can reconsider his options.
Seconded by Councilmember Koppen
Ayes -All
Applicant asked council to table this item until the April 11, 2005 City Council Meeting.
Councilmember Juenemann moved to table the items for Parcel 1 and Parcel 2 until the April
11, 2005 City Council Meeting.
Seconded Councilmember Rossbach
3. Overview (McMenemy Street, south of Roselawn Avenue)
Conditional Use Permit for Planned Unit Development (PUD)
Preliminary Plat
Design Approval
a. City Manager Fursman presented the staff report.
b. Senior Planner Ekstrand presented specifics from the report.
C. Gordie Howe, representing Masterpiece Homes
Ayes -All
Councilmember Rossbach moved to adopt the following resolution approving a conditional use
permit for a planned unit development for the Overview Development on the west side of
McMenemy Street, south of Roselawn Avenue. The city bases this approval on the finding
require by code:
CONDITIONAL USE PERMIT RESOLUTION 05-03-025
WHEREAS, Mr. Gordie Howe, representing Masterpiece Homes, applied for a conditional use
permit (CUP) for the Overview residential planned unit development (PUD).
City Council 03-14-05 7
WHEREAS, this permit applies to undeveloped property on the west side of McMenemy Street,
south of Roselawn Avenue in Section 18, Township 29, Range 22, Ramsey County, Minnesota. (PIN
18-29-22-32-0009.)
WHEREAS, the history of this conditional use permit is as follows:
On February 23, 2005, the planning commission held a public hearing. The city staff published
a notice in the paper and sent notices to the surrounding property owners. The planning
commission gave everyone at the hearing a chance to speak and present written statements.
The commission also considered reports and recommendations of the city staff. The planning
commission recommended that the city council approve the proposed permit.
2. On March 14, 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 approve the above-described
conditional use permit, because:
The use would be located, designed, maintained, constructed and operated to be in
conformity with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance
to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes,
water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans date-stamped January 25, 2005, except where the city
requires changes. Such changes shall include:
a. Revising the grading and site plans to show:
(1) Revised storm water pond locations and designs as suggested or required by the
watershed district or city engineer. The ponds shall meet the city's NURP Pond
ordinance standards.
(2) The developer minimizing the loss or removal of the remaining vegetation and large
trees.
City Council 03-14-05 8
(3) The street (Summer Avenue) must beat least 28 feet wide to allow parking on one
side.
The city council may approve major changes to the plans. The director of community
development may approve minor changes.
2. The proposed construction must be substantially started within one year of council approval or
the permit shall end. The council may extend this deadline for one year.
3. Have the city engineer approve final construction and engineering plans. These plans shall
meet all the conditions and changes noted in Chuck Vermeersch's memo dated February 14,
2005, and the plans shall include:
a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree
preservation/replacement, and parking plans. The cul-de-sac bulb shall have the
minimum radius necessary to ensure that emergency vehicles can turn around.
b. The following changes for the storm sewer plans:
(1) The developer shall enclose the new pond with a four -foot -high, black, vinyl -coated
chain-link fence. The contractor also shall install a gate in the fence along
McMenemy Street as may be required by the city engineer.
(2) Provide for staff approval a detailed storm water management plan.
c. The following for the streets and driveways:
(1) Curb and gutter along the street, if the city engineer decides that it is necessary.
d. Providing at least one additional fire hydrant between McMenemy Street and the end of
the cul-de-sac, so there are at least two hydrants along the street.
4. The design of the ponds shall meet Maplewood's NURP pond ordinance standards and shall
be subject to the approval of the city engineer. The developer shall be responsible for getting
any needed off-site pond and drainage easements, if applicable.
5. The developer or contractor shall:
a. Complete all grading for the site drainage and the ponds, complete all public improvements
and meet all city requirements.
b.*Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris, junk or fill from the site.
6. The approved setbacks for the principal structures in Overview PUD shall be:
a. Front -yard setback (from a public street or a private driveway): minimum - 20 feet,
maximum — 35 feet
b. Front -yard setback (public side street): minimum - 30 feet, maximum - none
c. Rear -yard setback: 20 feet from any adjacent residential property line
d. Side -yard setback (townhouses): minimum - 20 feet minimum between buildings.
City Council 03-14-05 9
7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing
unit at the time of the building permit for each housing unit.
8. The city council shall review this permit in one year.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Rossbach moved to adopt the preliminary plat for a planned unit development
of the Overview Development on the west side of McMenemy Street, south of Roselawn
Avenue. The developer shall complete the following before the city council approves the final
plat:
1. Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage, complete all public improvements and meet
all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Provide all required and necessary easements (including ten -foot drainage and utility
easements along the front and rear lot lines of each lot and five-foot drainage and utility
easements along the side lot lines of each lot).
d. Have Xcel Energy install Group V rate street lights in at least three locations. One light shall
be at the intersection of McMenemy Street and the proposed street (Summer Avenue), one
in the middle of the block and the third near the west end of the street near the cul-de-sac.
The exact style and location shall be subject to the city engineer's approval.
e. Pay the city for the cost of traffic -control, street identification and no parking signs.
f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and
guidelines.
2.* Have the city engineer approve final construction and engineering plans. These plans shall
include grading, utility, drainage, erosion control, driveway, tree, and street plans. The plans
shall meet all the conditions and changes listed in the memo from Chuck Vermeersch dated
February 14, 2005, and shall meet the following conditions:
a. The erosion control plans shall be consistent with the city code.
b. The grading plan shall show:
(1) The proposed building pad elevation and contour information for each building site.
The lot lines on this plan shall follow the approved preliminary plat.
(2) Contour information for all the land that the construction will disturb.
(3) Building pads that reduce the grading on site where the developer can save large
trees.
(4) The street and driveway grades as allowed by the city engineer.
(5) All proposed slopes on the construction plans. The city engineer shall approve the
plans, specifications and management practices for any slopes steeper than 3:1. On
slopes steeper than 3:1, the developer shall prepare and implement a stabilization and
planting plan. These slopes shall be protected with wood fiber blanket, be seeded with
a no -maintenance vegetation and be stabilized before the city approves the final plat.
City Council 03-14-05 10
(6) All retaining walls on the plans. Any retaining walls taller than four feet require a
building permit from the city. The developer shall install a protective rail or fence on top
of any retaining wall that is taller than four feet.
(7) Sedimentation basins or ponds as required by the watershed board or by the city
engineer.
(8) No grading beyond the plat boundary without temporary grading easements from the
affected property owner(s).
(9) A minimum of a 10 -foot -wide, 10:1 bench below the normal water level (NWL) of any
pond designed to be a wet pond. The depth of the pond below the NWL shall not
exceed four feet.
(10) Emergency overflow swales as required by the city engineer or by the watershed
district. The overflow swales shall be 10 feet wide, one foot deep and protected with
approved permanent soil -stabilization blankets.
(11) The drainage areas and the developer's engineer shall provide the city engineer with
the drainage calculations. The drainage design shall accommodate the run-off from the
entire project site and shall not increase the run-off from the site.
(12) A creative design for the proposed storm water pond with curves, rather than straight
sides, for a more aesthetic design and visual appeal. The pond, however, shall have
the required storm water capacity.
c.* The tree plan shall:
(1) Be approved by the city engineer before site grading or final plat approval.
(2) Show where the developer will remove, save or replace large trees. This plan shall
include an inventory of all existing large trees on the site.
(3) Show the size, species and location of the replacement and screening trees. The
deciduous trees shall be at least two and one half (2 %2) inches in diameter and shall
be a mix of red and white oaks, ash, lindens, sugar maples or other native species.
The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian
pine, Black Hills spruce and other species.
(4) Show no tree removal beyond the approved grading and tree limits.
(5) Include for city staff a detailed tree planting plan and material list.
(6) Group the new trees together. These planting areas shall be:
(a) near the ponding area
(b) along the north and south sides of the site to help screen the development from
the existing houses to the north and from the MnDOT facility.
(7) Show the planting of at least 120 trees after the site grading is done.
d. The street, driveway and utility plans shall show:
City Council 03-14-05 11
(1) The street (Summer Avenue) shall be a 9 -ton design with a maximum street grade of
eight percent and the maximum street grade within 75 feet of all intersections at two
percent.
(2) Water service to each lot and unit.
(3) Repair of McMenemy Street (street and boulevard) after the developer connects to the
public utilities and builds the private driveway.
(4) The developer enclosing the new pond with a four -foot -high, black, vinyl -coated chain-
link fence. (The fence shall not be six feet high as shown on the plans.) The contractor
also shall install a gate in the fence as may be required by the city engineer.
(5) The private driveways with continuous concrete curb and gutter except where the city
engineer decides that it is not needed for drainage purposes.
(6) The coordination of the water main locations, alignments and sizing with the standards
and requirements of the Saint Paul Regional Water Services (SPRWS). Fire -flow
requirements and hydrant locations shall be verified with the Maplewood Fire
Department.
(7) All utility excavations located within the proposed right-of-ways or within easements.
The developer shall acquire easements for all utilities that would be outside the project
area.
(8) The plan and profiles of the proposed utilities.
(9) Details of the ponds and the pond outlets. The outlets shall be protected to prevent
erosion.
e. The drainage plan shall ensure that there is no increase in the rate of storm -water run-off
leaving the site above the current (predevelopment) levels. The developer's engineer shall:
(1) Verify pond, inlet and pipe capacities.
(2) Have the city engineer verify the drainage design calculations.
3. Pay the costs related to the engineering department's review of the construction plans.
4. Change the plat as follows:
a. Show drainage and utility easements along all property lines on the final plat. These
easements shall be ten feet wide along the front and rear property lines and five feet wide
along the side property lines.
b. Label the common areas as outlots.
c. Add drainage and utility easements as required by the city engineer.
d. Label the street as Summer Avenue on all plans.
5. Secure and provide all required easements for the development. These shall include any off-
site drainage and utility easements.
6. Sign a developer's agreement with the city that guarantees that the developer or contractor
will:
City Council 03-14-05 12
a. Complete all grading for overall site drainage, complete all public improvements and meet
all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Provide for the repair of McMenemy Street (street, curb and gutter and boulevard) after the
developer connects to the public utilities and builds the private driveway.
7. Submit the homeowners' association bylaws and rules to the city for approval by the director of
community development. These are to assure that there will be one responsible party for the
care and maintenance of the common areas, private utilities, landscaping and retaining walls.
8. Record the following with the final plat:
a. All homeowners' association documents.
b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or
parcels in the plat that would create additional building sites unless approved by the city
council.
c. A covenant or association documents that addresses the proper installation, maintenance
and replacement of any retaining walls.
The applicant shall submit the language for these dedications and restrictions to the city for
approval before recording.
9. The developer shall complete all grading for public improvements and overall site drainage.
The city engineer shall include in the developer's agreement any grading that the developer or
contractor has not completed before final plat approval.
10. Obtain a permit from the Watershed District for grading.
11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA).
12. Obtain the necessary approvals and permits from MnDOT.
13. If the developer decides to final plat part of the preliminary plat, the director of community
development may waive any conditions that do not apply to the final plat.
*The developer must complete these conditions before the city issues a grading permit or
approves the final plat.
Seconded by Councilmember Koppen Ayes -All
Councilmember Rossbach moved to approve the plans date-stamped January 25, 2005, (site
plan, landscape plan, grading and drainage plans and building elevations) for the Overview
town houses on the west side of McMenemy Street, south of Roselawn Avenue. The city bases
this approval on the findings required by the code. The developer or contractor shall do the
following:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. Complete the following before the city issues a building permit:
City Council 03-14-05 13
a. Have the city engineer approve final construction and engineering plans. These plans shall
include: grading, utility, drainage, erosion control, tree, sidewalk and driveway plans. The
plans shall meet the following conditions and shall also meet all the conditions and changes
noted in Chuck Vermeersch's memo dated February 14, 2005.
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation and contour information for each home site. The
lot lines on this plan shall follow the approved preliminary plat.
(b) Include contour information for the land that the construction will disturb.
(c) Show sedimentation basins or ponds as may be required by the watershed board
or by the city engineer. A revised design for the storm water pond that shows
curves, rather than straight sides, for a more aesthetic design and visual appeal.
The pond, however, shall have the required storm water capacity.
(d) Show all proposed slopes steeper than 3:1 on the proposed construction plans.
The city engineer shall approve the plans, specifications and management
practices for any slopes steeper than 3:1. This shall include covering these
slopes with wood -fiber blankets and seeding them with a "no mow" vegetation
rather than using sod or grass.
(e) Show all retaining walls on the plans. Any retaining walls more than four feet tall
require a building permit from the city.
(f) Show the proposed street and driveway grades as allowed by the city engineer.
(g) Show the drainage areas and the developer's engineer shall provide the city
engineer with the drainage calculations. The drainage design shall accommodate
the run-off from the surrounding areas.
(h) Show details about the proposed fence by the pond including the materials, gate,
height and color. The contractor shall extend the fence along the east side of the
pond, near McMenemy Street.
(3) The tree plan shall:
(a ) Be approved by the city engineer.
(b) Include an inventory of all existing large trees on the site and shall show where
the developer will remove, save or replace large trees.
(c) Show the size, species and location of the replacement trees. The coniferous
trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and
Austrian pine.
(d) Be consistent with the approved grading and landscape plans and shall show no
tree removal beyond the approved grading and tree limits.
(4) The street, driveway and utility plans shall show:
(a) A water service to each lot and unit.
City Council 03-14-05 14
(b) The repair and restoration of McMenemy Street (including curbing, street, and
boulevard) after the contractor removes the existing driveways, connects to the
public utilities and builds the new street.
(c) All driveways at least 20 feet wide. If the developer wants to have parking on
one side of the street, then it must be at least 28 feet wide.
(d) The street and the driveways shall have continuous concrete curb and gutter
except where the city engineer decides that it is not needed.
(e) The developer or contractor shall post one side of the street with "no parking"
signs to meet the above -listed standards.
(f) The street labeled as Summer Avenue and McMenemy Street labeled on all
plans.
(g) The common area labeled as Outlot A on all plans
(5)The design of the ponding area and the rainwater garden(s) shall be subject to the
approval of the city engineer. The developer shall be responsible for getting any
needed off-site utility, grading or drainage easements and for recording all necessary
easements.
b. Submit a certificate of survey for all new construction and have each building staked by a
registered land surveyor.
c. Submit a revised landscape plan to staff for approval which incorporates the following
details:
(1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within
the ponding area.
(2) The addition of trees for screening along the north and south sides of the site.
(3) The developer shall install landscaping in the ponding area to break the appearance of
the deep hole and to promote infiltration. Such landscaping shall be approved by the
city engineer and shall be shown on the project landscape plans.
(4) Having in -ground irrigation for all landscape areas (code requirement).
(5) The plantings proposed around the front of the units shown on the landscape plan
date-stamped January 25, 2005, shall remain on the plan.
(6) A concrete walk from the driveway to the door of each unit.
(7) The manicured or mowed areas from the natural areas. This shall include planting
(instead of sodding) the disturbed areas around the ponding area with native grasses
and native flowering plants. The native grasses and flowering plants shall be those
needing little or no maintenance and shall extend at least four feet from the ordinary
high water mark (OHWM) of the pond. This is to reduce maintenance costs and to
reduce the temptation of mowers to encroach into the gardens. Specifically, the
developer shall have the natural areas seeded with an upland mixture and lowland
mixtures as appropriate.
(8) In addition to the above, the contractor shall sod all front, side and rear yard areas
(except for mulched and edged planting beds and the area within the ponding area).
City Council 03-14-05 15
(9) The contractor shall restore the McMenemy Street boulevard with sod.
(10) Adding at least 12 more evergreen trees (Black Hills spruce or Austrian pines) along
the north and south property lines of the site. These trees are to be at least eight feet
tall and the contractor shall plant these trees in staggered rows to provide screening
for the houses to the north.
(11) Shows the in -ground lawn -irrigation system, including the location of the sprinkler
heads.
(12) Shall be approved by the city engineer before site grading and shall be consistent
with the approved grading and landscape plans.
d. Show that Ramsey County has recorded the final plat for this development.
e. Get the necessary approvals and permits from the watershed district.
f. Submit a revised site lighting plan for city approval. This plan shall show how the lighting
on the buildings would add to the site lighting. This plan also shall show details about the
proposed light fixtures to ensure they are a design that hides the bulb and lens from view to
avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly
shield glare from the adjacent street right-of-ways and from adjacent residential properties.
g. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans.
h. Present to staff for approval colored building elevations or building material samples of all
elevations of the town houses. These elevations should show that the town houses will
have two tones of ivory and beige -colored vinyl siding and either brick or stone accents on
the front elevation. These elevations also should show that the front elevations would have
a wainscot of brick or stone.
i. The developer or builder will pay the city Park Access Charges (PAC fees) for each
housing unit at the time of the building permit for each housing unit.
j. Submit the homeowners' association bylaws and rules to the city for approval by the city
staff. These are to assure that there will be one responsible party for the care and
maintenance of the common areas, the private utilities, landscaping and any retaining
walls.
k. Obtain the necessary approvals and permits from MnDOT.
I. Provide the city with a letter of credit or cash escrow for all required exterior improvements.
The amount shall be 150 percent of the cost of the work.
3. Complete the following before occupying each building:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards and sod all turf areas.
c. Complete all landscaping and turf irrigation for that building and its rainwater garden(s).
d. Install the required concrete curb and gutter.
City Council 03-14-05 16
d. Install a reflectorized stop sign at the exit onto McMenemy Street and addresses on each
building for each unit. In addition, the applicant shall install "no parking" signs within the
site, as required by staff.
e. Install and maintain all required landscaping (including the plantings around each unit and
around the pond) and an in -ground sprinkler system for all landscaped areas (code
requirement).
f. Install on-site lighting for security and visibility that follows the approved site lighting plan.
All exterior lighting shall follow the approved lighting plan that shows the light spread and
fixture design. The light fixtures must have concealed lenses and bulbs to properly shield
glare from the adjacent street right-of-ways and the nearby homes and residential
properties.
g. Install a six -foot -high solid screening fence or additional trees along the north and south
property lines of the site where the vegetation does not adequately screen the town houses
from the existing dwellings. These additional materials are to ensure there is at least a six-
foot -tall, 80 percent opaque screen on these sides of the site. The location, design and
materials of the fence or the additional landscaping shall be subject to city staff approval.
h. The developer or contractor shall:
(1) Complete all grading for the site drainage, complete all public improvements and meet
all city requirements.
(2) Place temporary orange safety fencing and signs at the grading limits.
(3) Remove any debris or junk from the site.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The above -required letter of credit or cash escrow is held by the city for all required
exterior improvements. The owner or contractor shall complete any unfinished
landscaping by June 1 of the next year if the building is occupied in the fall or winter, or
within six weeks of occupancy if the building is occupied in the spring or summer.
5. All work shall follow the approved plans. The director of community development may
approve minor changes.
Seconded by Councilmember Koppen Ayes -All
4. Outdoor Storage Area Conditional Use Permit Revision (Police Impound Lot - 1160
Frost Avenue)
a. City Manager Fursman presented the staff report.
b. Senior Planner Ekstrand presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution revising the conditional use
permit for the outdoor storage yard located at 1160 Frost Avenue:
City Council 03-14-05 17
CONDITIONAL USE PERMIT REVISION RESOLUTION 05-03-026
WHEREAS, Steve Lukin, Fire Chief for the City of Maplewood, applied for a conditional use
permit revision to allow a police department impound lot on a site previously approved for outdoor
vehicle and material storage.
WHEREAS, this permit applies to 1160 Frost Avenue. The legal description is:
VACATED ALEY ACCRUING AND FOLLOWING, LOTS 1 THRU 10 AND LOTS 16 THRU 20, BLOCK
1, KAVANAGH AND DAWSON'S ADDITION TO GLADSTONE, AND
VACATED ALLEY ACCRUING AND FOLLOWING, LOTS11 THRU LOT 15, BLOCK 1, KAVANAGH
AND DAWSON'S ADDITION TO GLADSTONE.
WHEREAS, the history of this conditional use permit is as follows:
On February 23, 2005, 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 also considered
reports and recommendations of the city staff. The planning commission recommended
that the city council approve this permit.
2. The city council held a public hearing on March 14, 2005. The council considered
reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit revision 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 03-14-05 18
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
= Outside vehicle storage is allowed. The director of community development shall review
the proposed layout for all outdoor storage since there is no current site plan.
= The city council shall review this permit revision annually from the date of this approval.
In addition this permit shall end on November 1, 2007, as previously required.
• The property owner shall clean the site of all debris and shall cut or remove any noxious
weeds. This shall be done on a regular basis.
• The temporary storage of work-related materials such as dirt piles and cable spools, for
example, may be permitted. These materials may be kept on site for no more than one
month. No more than 25 percent of the site shall be used for the storage of such
materials. This condition is left in as part of this permit in case the applicant leases this
property to another user such as Quality Restorations, for whom the permit was originally
approved.
• Normal hours of operation shall be 6:30 a.m. to 7:30 p.m. Monday through Friday.
Exceptions will be allowed to provide emergency service to customers. The permitted
hours of the impound lot are 24 hours a day, seven days a week, unless the city receives
complaints, in which case, there shall be no impound lot activity between the hours of 10
p.m. and 6 a.m..
• The city council will need to approve a revision to this permit if the owner wants to put a
permanent building on the site.
• The owner or operator shall provide a dumpster in the storage yard for business garbage
if a use other than the police impound lot takes place on this property.
• The owner or operator shall provide a driveway to the gate of the storage yard, subject to
the requirements of the fire marshal.
Seconded by Councilmember Koppen Ayes -All
5. Public Works Building Addition, City Project 03-19 — Resolution Considering Approval
of Project Plans and Specifications and Authorize Receipt of Bids
a. City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution approving the project plans
and specifications for the Public Works Building Expansion, City Project 03-19, and authorizing
the receipt of bids at 10:00 a.m. on April 14, 2005:
RESOLUTION 05-03-027
APPROVING PLANS AND SPECIFICATIONS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on March 14, 2005, plans and
specifications for the Public Works Building Expansion, City Project 03-19, have been prepared by (or
under the direction of) the city engineer, who has presented such plans and specifications to the
council for approval,
City Council 03-14-05 19
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 a.m. on the 14th day of April, 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
April 25, 2005.
Seconded by Councilmember Rossbach Ayes -All
6. Gladstone North Neighborhood Street Improvements, Project 04-15 — Resolutions for
Approval of Plans & Advertising for Bids and Ordering Assessment Roll
a. City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
Councilmember Rossbach moved to adopt the following resolutions for the Gladstone North
Area Street Improvements, Project 04-15: Approving Plans and Advertising for Bids and
Ordering the Preparation of the Assessment Roll:
RESOLUTION 05-03-028
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on November 22nd, 2004, plans
and specifications for Gladstone North Area Street Improvements, Project 04-15 have been prepared
by (or under the direction of) the city engineer, who has presented such plans and specifications to the
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 a.m. on the 15th day of April, 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
City Council 03-14-05 20
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
April 25th, 2005.
RESOLUTION 05-03-029
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the Gladstone North Area Street
Improvements, City Project 04-15.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel of land abutting
on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy
of such proposed assessment in the city office for inspection.
thereof.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the council
Seconded by Councilmember Koppen Ayes -All
7. Springside Drive Extension, Project 03-36 — Resolutions for Approval of Plans &
Advertising for Bids and Ordering Assessment Roll
a. City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
Councilmember Koppen moved to adopt the following resolutions for the Springside Drive
Extension, West of Sterling Street, Project 03-36: Approving Plans and Advertising For Bids
and Ordering the Preparation of the Assessment Roll:
RESOLUTION 05-03-030
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on August 9th, 2004, plans and
specifications for Springside Drive Extension, West of Sterling Street, City Project 03-36, have been
prepared by (or under the direction of) the city engineer, who has presented such plans and
specifications to the 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 a.m. on the 15th day of April, 2005, at the city
hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a
City Council 03-14-05 21
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
April 25th, 2005.
RESOLUTION 05-03-031
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the Springside Drive Extension,
West of Sterling Street, City Project 03-36.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel of land abutting
on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy
of such proposed assessment in the city office for inspection.
thereof.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the council
Seconded by Councilmember Rossbach Ayes -All
8. Board and Commission Reappointments
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Koppen moved to approve the reappointment of the following members to the
Park Commission for a three year term:
Peter Fisher
Craig Brannon
Carolyn Peterson
Seconded by Councilmember Juenemann
Ayes -All
Councilmember Koppen moved to interview those that have applied for the CDRB and the
Planning Commission including current members whose terms are up for appointment before
the next council meeting at 6:00 p.m.
Seconded by Councilmember Rossbach
9. Justice Assistance Grant
a. City Manager Fursman presented the staff report.
b. Chief Thomalla presented specifics from the report.
Ayes -Council members Juenemann,
Koppen and Rossbach
Nays -Mayor Cardinal
Councilmember Juenemann moved to authorize the Police Department to enter into the
Interlocal Agreement to apply for and accept grant money under the Justice Assistance Grant.
City Council 03-14-05 22
Seconded by Councilmember Koppen Ayes -All
L. VISITOR PRESENTATIONS
Kim Schmidt, 1800 Phalen Place, expressed concern regarding the condition of the
temporary police impound lot that will be located at 1160 Frost Avenue.
2. Ron Cockriel, 943 Century Avenue, was present to invite the council to an open house at
the Benedictine Monastery (corner of Century and Larpenteur Avenue) to discuss future
plans and projects of the Monastery. The Sierra Club will also be present to speak
about the environmental impact of future projects. The meeting will be held on March
19, 9:00 a. m. to 11:30 a. m.
3. Robert Erickson, 47 Kingston, was present to express concerns about the speeding
traffic in his neighborhood. City Engineer Ahl stated the city review of stop signs is held
annually in May. The notice of the May date will be posted in the Maplewood City News.
M. COUNCIL PRESENTATIONS
50th Anniversary Committee — Mayor Cardinal expressed a desire to establish a 50th
Anniversary Committee for the purpose of preparation for the event.
Councilmember Rossbach moved to establish a 50th Anniversary Committee.
Seconded by Mayor Cardinal Ayes - All
2. Cable Commission — Councilmember Koppen and Mayor Cardinal presented current
Cable Commission issues. Issues included a recommendation from Tim Finnerty,
Director of the Ramsey/Washington Cable Commission, to oppose the proposed Senate
Bill 688 and the House Companion Bill 1319.
Councilmember Koppen moved to direct staff to send a letter opposing Senate Bill 688
and House Companion Bill 1319.
Seconded by Mayor Cardinal Ayes - All
3. Ramsey County League of Local Government — Councilmember Juenemann announced
that next meeting will be held Thursday, March 24th at the Shoreview City Hall Council
Chambers from 7:00 p.m. to 8:30 p.m. The topic will be meth labs, meth use and their
impact on communities.
4. Maplewood Library Construction — Councilmember Rossbach opened discussion
regarding shared parking between the library and city property during the construction
period.
5. Democratic Governance — Councilmember Rossbach discussed issues from the League
of Minnesota Cities Magazine regarding citizen involvement.
N. ADMINISTRATIVE PRESENTATIONS
Dispatch Response Letter — City Manager Fursman read the city's response letter to
Commissioner McDonough regarding the current dispatch consolidation proposal.
Council discussed their thoughts on the current proposal. Council directed City Manager
Fursman to make the requested changes to the letter and e-mail the draft to the council
for final approval.
City Council 03-14-05 23
2. Set Second Retreat Date -The second 2005 council/staff retreat date was set for June
10, 2005. Details to be announced at a future council meeting.
O. ADJOURNMENT
Councilmember Juenemann moved to adjourn the meeting at 10:47 p.m.
Seconded by Councilmember Koppen Ayes - All
City Council 03-14-05 24
_67
MEMORANDUM
March 11, 2005
TO: Commissioner Mary Koppen &
Alternate Commissioners Bob Cardinal & Kim Facile
FROM: Tim Finnerty, Ramsey/Washington Cable Commission
SUBJECT: RECOMMENDATION TO OPPOSE S.F. 688 & H.F. 1319
On behalf of the Ramsey/Washington Cable Commission, we are recommending that
member municipalities oppose S.F. 688 (and its House companion bill H.F. 1319), and
we are recommending that member municipalities immediately urge the League of
Minnesota Cities to oppose it as well.
The bill, put forward by the Minnesota Telephone Association (MTA), would create an
alternative method of franchising cable systems to providers different from the method
used for the incumbent franchise (in our case, the franchise currently held by Comcast).
It would allow telephone companies may obtain a video franchise at reduced
requirements relative to the incumbent franchise pertaining to service area, as well as
technical and financial provisions for local programming. Unfortunately,
Ramsey/Washington Cable Commission and other local franchising authorities found
numerous problems with the bill that will be harmful.
MALTA, the association of municipal franchising authorities and experts in the field,
opposes the bill and has recommended the League of Minnesota Cities oppose it as well.
The League of Minnesota Cities board of directors will meet on March 17 and will
revisit the matter. To this point, LMC has taken a supportive position, but may consider
a change in position. It is critical to express concerns immediately. LMC opposition is
crucial to preventing passage of the bill.
Attached is a summary of the problems and points of concern.
Please contact me if you have questions or wish to discuss this, and please advise me of
any action you take. Thank you.
OPPOSE S.F. 688 & H.F. 1319
(the bill of the Minnesota Telephone Association
seeking to amend cable franchising statutes)
Generally, the bill language is poorly crafted, unclear, and incompatible with
other state and federal laws and rules. Therefore, it is doubted that municipal
implementation will achieve the alleged benefits (fostering fair competition among
multiple providers), and instead it will yield conflict, confusion, litigation, and
negative results.
Also, incumbent franchisees, including Comcast, believe this will create
franchises with inherent, unfair competitive advantages for new providers. And
given the lack of clarity and confusion of the bill, that possibility cannot be ruled
out from the perspective of franchising authorities. Because of that, it is
reasonable to expect that incumbent franchisees like Comcast will seek
legislative protection to assure equal treatment to the lowest threshold required
of any franchise granted pursuant to this bill if it becomes law.
Some of the specific problems are as follows:
The bill imposes a 180 -day timeline within which the municipal must
accept or reject a franchise request. Given the complexity of the other
problems identified with the bill's franchising process, the 180 -day timeline
will likely be insufficient. This sets up a scenario in which municipalities
would be required to reject the franchise request simply because time ran
out. Under Federal law, rejections must have a reasonable basis.
The bill's franchising process relative to PEG provisions (local access
channels, programming, technology, and associated financing) is unclear
and badly conceived, thus implementation is doubtful. A new franchisee's
obligation to provide PEG provisions depends entirely upon whether the
incumbent franchisee permits the new video provider to interconnect and
retransmit the existing PEG programming to the new provider's
customers. If that is not permitted, the new provider would not carry PEG
programming. Additionally, the bill allows the new provider to obtain its
franchise and begin subscriber services BEFORE determining any such
interconnection arrangements with the incumbent. Beyond that, the bill's
language relative to PEG funding and in-kind contributions (I-NETs,
interconnection, and other public service provision) are similarly flawed.
In conclusion, while the goal of fostering competition is shared by all parties, this
bill will not accomplish that. It creates a special franchising process for new
providers that allow then to gain an unfair competitive advantage over the
incumbent, who is locked into its franchise granted under the current process.
Municipalities should oppose this.
AGENDA REPORT
To: City Manager Richard Fursman
From: Chief of Police David J. Thomalla
Subject: Justice Assistance Grant (JAG)
Date: March 14, 2005
Introduction
The Police Department is requesting permission to enter into an Interlocal Agreement with the
St. Paul Police Department, Ramsey County and the Roseville Police Department to apply for a
federal Justice Assistance Grant (JAG).
Background
In previous years, the Police Department has received Local Law Enforcement Block Grants
(LLEBG). These grants are no longer available but have been replaced by the Byrne Memorial
Grant.
We are requesting permission to enter into an Interlocal Agreement with the St. Paul Police
Department, Ramsey County and the Roseville Police Department to apply for this federal
Justice Assistance Grant (JAG).
If the grant is received, the Maplewood Police Department's share would be $14,000. There is
no local match required. The St. Paul Police Department has taken on the administrative
responsibilities for this grant, so there will be no administrative expense to the City.
It is the intent of the Police Department to use this funding to bolster our Crime -Free Multi -
Housing program. This funding will allow us to provide an organized and coordinated effort to
attempt crime prevention in multiple dwelling complexes throughout the City.
This agreement has been reviewed by the City Attorney's office, and appropriate adjustments
have been made to the agreement at their recommendation.
Budget Impact
There will be no cost to the City and a potential $14,000 grant for use by the Police Department.
Recommendation
It is recommended the City Council authorize the Police Department to enter into the Interlocal
Agreement to apply for and accept grant money under the Justice Assistance Grant.
Action Required
Submit to the City Council for review and action.
DJT:js
GMS APPLICATION NUMBER 2005 -91702 -MN -IJ
THE STATE OF MINNESOTA
KNOW ALL BY THESE PRESENT
COUNTY OF RAMSEY
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SAINT PAUL, MAPLEWOOD, ROSEVILLE AND
THE COUNTY OF RAMSEY, MINNESOTA
2005 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Agreement is made and entered into this 8th day of March, 2005, by and between the
CITY of SAINT PAUL, MAPLEWOOD AND ROSEVILLE, acting by and through their
governing bodies, their City Councils, hereinafter referred to respectively as "Saint Paul",
"Maplewood" and "Roseville" and the COUNTY OF RAMSEY, acting by and through its
governing body, the Commissioners of the County, hereinafter referred to as "Ramsey", all of
Ramsey County, State of Minnesota, witnesseth:
WHEREAS, this Agreement is made under the authority of the provision of Minnesota Statutes
Section 471.59, the Joint Powers Act; and
WHEREAS, each governing body, in performing governmental functions or in paying for the
performance of governmental functions hereunder, shall make that performance or those
payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the best
interests of all parties, that the undertaking will benefit the public, and that the division of costs
fairly compensates the performing party for the services or functions under this Agreement; and
WHEREAS, the Saint Paul agrees to provide the City of Maplewood $14,000, City of Roseville
$12,000 and Ramsey County $145,652 from the JAG award for the Collaborative JAG Program;
and
WHEREAS, all parties believe it to be in their best interests to reallocate the JAG funds.
GMS APPLICATION NUMBER 2005 -91720 -MN -IJ
NOW THEREFORE, the Saint Paul, Maplewood, Roseville and Ramsey agree as follows:
Section 1.
Saint Paul agrees to pay Maplewood, Roseville and Ramsey a total of $171,652 of JAG funds as
outlined above.
Section 2.
Maplewood, Roseville and Ramsey agrees to use $171,652 for the Collaborative JAG Program
until September 30, 2008.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims against
Maplewood, Roseville and Ramsey other than claims for which liability may be imposed by the
Minnesota Tort Claims Act.
Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims against Saint
Paul other than claims for which liability may be imposed by the Minnesota Tort Claims Act.
Section 5.
Each party to this Agreement will be responsible for its own actions in providing services under
this Agreement and shall not be liable for any civil liability that may arise from the furnishing of
the services by the other party.
Section 6.
The parties to this Agreement do not intend for any party not a signatory to the Agreement to
obtain a right by virtue of this Agreement.
Section 7.
By entering into this Agreement, the parties do not intend to create any obligations express or
0)
implied other than those set out herein; further, this Agreement shall not create any rights in any
parry not a signatory hereto.
GMS APPLICATION NUMBER 2005 -91702 -MN -IJ
CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA
Maplewood Police Department Chief
APPROVED AS TO FORM:
Maplewood City Attorney
Maplewood Director of Financial Services
Maplewood Mayor
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