HomeMy WebLinkAbout05-24-2004A.
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MINUTES
MAPLEWOOD CITY COUNCIL
7:06 P.M. Monday, May 24, 2004
Council Chambers, Municipal Building
Meeting No. 04-11
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at the Municipal
Building, and was called to order at 7:06 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
A moment of silence was held in memory of Barbara Goss, the mother of Maplewood City
Clerk Karen Guilfoile.
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the Council/Manager Workshop --May 10, 2004
Councilmember Juenemann moved to approve the minutes from the May 10, 2004 City
Council/Manager workshop as presented.
Seconded by CouncilmemberMonahan-Junek Ayes -All
2. Minutes from the City Council Meeting-- May 10, 2004
Councilmember Rossbach moved to approve the minutes from the May 10, 2004 City
Council Meeting as presented.
Seconded by Councilmember Juenemann Ayes -All
APPROVAL OF AGENDA
M1. National Hunger Awareness Week
M2. Girl Scouts
M3. Tartan Ice Arena Update
M4. Cable Commission
M5. NEST
M6. Shape up Challenge
M7. South Leg Group
City Council Meeting 05-24-04
Councilmember Monahan-Junek moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes -All
F. APPOINTMENTS/PRESENTATIONS
Commissioner Reinhardt -Courthouse Update
a. City Manager Fursman presented the staff report.
b. Commissioner Reinhart provided an overview of the selection process for the new
Ramsey County Courthouse location. She also thanked City Manager Fursman,
Assistant City Manager Coleman and Police Chief Thomalla for their efforts in
brining the Maplewood proposal to the board.
2. HRC Diversity Speech Contest Winner — Faraaz Mohammed - North St. Paul High
School
a. City Manager Fursman presented the staff report.
b. Councilmember Juenemann presented specifics from the report.
C. Faraaz Mohammed, 1st place winner of the 2004 Maplewood Human Relations
Committee Diversity Speech Contest, and a student at North High School presented
his speech. Mr. Mohammed also formally accepted the $500 first prize for his
school to be used to further promote diversity.
Planning Commission Appointment(s)
a. City Manager Fursman presented the staff report.
b. Mayor Cardinal announced the appointment of Daniel Lee and Michael Grover to
the Planning Commission. Their term will begin immediately and run through
December 31, 2005.
4. 2003 Annual Financial Report and Audit
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented specifics from the report.
C. Chris Omdahl from KPMG Accountants reviewed the annual financial report and
audit reports.
Councilmember Koppen moved to accept the 2003 Annual Financial Report and
Audit
Seconded Mayor Cardinal Ayes -All
City Council Meeting 05-24-04
G. CONSENT AGENDA
1.
Approval of Claims
ACCOUNTS PAYABLE:
$
535.59
Checks # 63786 thru # 63787
dated 5/04/04 thru 5/06/04
$
94,637.98
Checks # 63788 thru # 63841
dated 5/11/04
$
137,700.13
Disbursements via debits to checking account
dated 4/30/04 thru 5/06/04
$
528,343.80
Checks # 63842 thru # 63912
dated 5/18/04
$ 285,834.45 Disbursements via debits to checking account
dated 5/7/04 thru 5/13/04
$ 1,047,051.95 Total Accounts Payable
PAYROLL
$ 410,266.58 Payroll Checks and Direct Deposits dated 5-07-04
$ 6,128.41 Payroll Deduction check # 97420 thru # 97424
dated 5/07/04
$ 416,394.99 Total Payroll
$ 1,463,446.94 GRAND TOTAL
2. Conditional Use Permit Review — Dearborn Meadow (Castle Avenue and Castle
Court)
Approved to review the conditional use permit for the Dearborn Meadows PUD on
Castle Avenue and Caste Court again in one year or sooner if the developer of the
owner proposes a major change to the site.
3. Police & Fire Laptop Computers -Purchase
Approved the purchase of 30 laptop computers for in -car and fire apparatus use.
City Council Meeting 05-24-04 3
4. Temporary Food Permit — Todd Hawkins (The Donut Family) — MCC Summer
Program Kickoff
Approved the miscellaneous permit to sell food at the Maplewood Community
Center and to waive the $47.00 permit fee.
5. County Road D (East) Realignment Improvements, City Project 02-07 - Resolution
Approving No Parking Restrictions
Adopted the following resolution approving the No Parking restrictions on County
Road D from Highway 61 to Southlawn Drive:
RESOLUTION 04-05-093
NO PARKING RESTRICTION
COUNTY ROAD D REALIGNMENT IMPROVEMENT, PROJECT 02-07
S.A.P. 138-121-03
S.A.P. 138-112-05
WHEREAS, the City of Maplewood has approved the plans for the construction of County
Road D from T.H. 61 to Southlawn Drive; and
WHEREAS, the city will be expending Municipal State Aid (MSA Projects 138-121-03 and
138-112-05) funds on the improvement of said street; and
WHEREAS, said improvement does not conform to the approved minimum State Aid width
standard with unrestricted parking; and
WHEREAS, release of MSA funds is dependent on specified parking restrictions.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban
the parking of motor vehicles from the following locations:
1. Both the northerly and southerly sides of County Road D, (S.A.P. 138-121-03)
from T.H. 61 to Southlawn Drive; and
2. Both the easterly and westerly sides of Hazelwood Street, (S.A.P. 138-112-05)
from County Road D to 585 -feet south of County Road D.
6. Budget Changes— Building and Sewer Maintenance
Approved increasing the General Fund budget for building maintenance by $8,545
and the sewer fund budget for sewer maintenance be decreased by $8,545.
7. Transfer to Close Fund for Project 03-05
Approved a transfer of $2,923 from the Sewer Fund to the fund for Project 03-05 and
the appropriate budget changes.
8. Continuing Education -City Manager
City Council Meeting 05-24-04
Approved to transfer $9,000 from the reserve account to the executive budget (under
administration) to provide for continuing education expenses.
Councilmember Koppen moved to approve Consent Agenda Items 1-8.
Seconded by Councilmember Juenemann Ayes -All
H. PUBLIC HEARINGS
1. 7:50 p.m. Legacy Parkway Improvements (Southlawn to Hazelwood), Project
03-26 Assessment Hearing & Resolution for Adoption of Assessment
Roll
a. City Manager Fursman presented the report.
b. City Engineer AN presented specifics from the report.
C. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following person was heard:
George Supan, 3050 Hazelwood Street, Maplewood
d. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolutions for the adoption of the
assessment roll for the Legacy Parkway and the exclusion of 3050 Hazelwood:
RESOLUTION 04-05-092
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on April 26, 2004, calling for
a Public Hearing, the assessment roll for the Legacy Parkway Improvements, City Proj ect 03-26, was
presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, no property owners have filed objections to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the City Engineer and City Clerk are hereby instructed to review the objections received
and report to the City Council at the regular meeting on June 14th, 2004, as to their
recommendations for adjustments.
2. The assessment roll for the Legacy Parkway Improvements as amended, without those property
owners' assessments that have filed objections, a copy of which is attached hereto and made a
part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment
against the lands named therein, and each tract of land therein included is hereby found to be
benefited by the proposed improvement in the amount of the assessment levied against it.
City Council Meeting 05-24-04
3. Such assessments shall be payable in equal annual installments extending over a period of 15
years, the first installments to be payable on or before the first Monday in January 2005 and
shall bear interest at the rate of 5.0 percent per annum for the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire assessment
from the date of this resolution until December 31, 2004. To each subsequent installment when
due shall be added interest for one year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, but no later than October 1, 2004, pay the whole of the assessment on
such property, with interest accrued to the date of the payment, to the city clerk, except that no
interest shall be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and they may, at any time after October 1, 2004, pay to the county auditor the entire
amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before November 15 or interest will
be charged through December 31 of the next succeeding year.
The city engineer and city clerk shall forthwith after October 1, 2004, but no later than
November 15, 2004, transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county. Such assessments shall be collected and paid
over the same manner as other municipal taxes.
RESOLUTION 04-05-094
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on April 26, 2004, calling for
a Public Hearing, the assessment roll for the Legacy Parkway Improvements, City Proj ect 03-26, was
presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, one property owner filed an objection to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
George and Kathy Supan, 3050 Hazelwood Street: Objected to the assessment as not
providing any benefit since their home will be removed by the improvements. They
requested a cancellation of the entire assessment amount due to the developer
obligation to pay the amount.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
6. That the City Engineer and City Clerk are hereby instructed to adjust the assessment for 3050
Hazelwood Street to $0.00. The City Council hereby instructs the City Engineer and City Clerk
that they intend to collect the assessment at 3050 Hazelwood Street in its entire amount at a
future date to be determined by the City Engineer as part of the redevelopment of this property.
For purposes of this assessment, there is hereby no pending amount due for 3050 Hazelwood
Street.
7. The assessment roll for the Legacy Parkway Improvements as amended, without those property
owners' assessments that have filed objections, a copy of which is attached hereto and made a
part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment
City Council Meeting 05-24-04
against the lands named therein, and each tract of land therein included is hereby found to be
benefited by the proposed improvement in the amount of the assessment levied against it.
8. Such assessments shall be payable in equal annual installments extending over a period of 15
years, the first installments to be payable on or before the first Monday in January 2005 and
shall bear interest at the rate of 5.0 percent per annum for the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire assessment
from the date of this resolution until December 31, 2004. To each subsequent installment when
due shall be added interest for one year on all unpaid installments.
9. The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, but no later than October 1, 2004, pay the whole of the assessment on
such property, with interest accrued to the date of the payment, to the city clerk, except that no
interest shall be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and they may, at any time after October 1, 2004, pay to the county auditor the entire
amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before November 15 or interest will
be charged through December 31 of the next succeeding year.
The city engineer and city clerk shall forthwith after October 1, 2004, but no later than
November 15, 2004, transmit a certified duplicate of this assessment to the county auditor to
be extended on the property tax lists of the county. Such assessments shall be collected and
paid over the same manner as other municipal taxes.
Seconded by Mayor Cardinal Ayes -All
2. 8:15 p.m. Mounds Park Academy Expansion (2051 Larpenteur Avenue)
Land Use Plan Change (R-1 to S (school) (4 votes)
Conditional Use Permit Revision
Design Approval
a. City Manager Fursman presented the report.
b. Associate Planner Roberts presented specifics from the report.
d. Community Design Review Board member Longrie-Kline presented the Design
Review Board Report
e. Commissioner Bartol presented the Planning Commission Report.
f. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Dave Aune, Business Manager for Mounds Park Academy, Maplewood
Ron Cockriel, 943 Century Avenue, Maplewood, Maplewood
g. Mayor Cardinal closed the public hearing.
Councilmember Monahan-Junek moved to adopt the following resolution changing the land
use plan designation from R-1 (single Dwellings) to S (school) for the properties at 2025
City Council Meeting 05-24-04
and 2027 Larpenteur Avenue:
LAND USE PLAN CHANGE RESOLUTION 04-05-095
WHEREAS, David Aune, representing Mounds Park Academy, proposed a change to the city's
land use plan from R-1 (single dwellings) to S (school).
WHEREAS, this change applies to the properties at 2025 and 2027 Larpenteur Avenue (in
Section 14, Township 29, Range 22, Ramsey County, Minnesota).
WHEREAS, the history of this change is as follows:
On May 3, 2004, the planning commission held a public hearing. The city staff published a
hearing notice in the Maplewood Review and sent notices to the surrounding property owners.
The planning commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission recommended that the city council approve the plan
amendment.
2. On May 24, 2004, the city council discussed the proposed land use plan change. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
change for the following reasons:
1. It would be consistent with the goals and objectives of the comprehensive plan including:
a. Provide for orderly development.
b. Minimize conflicts between land uses.
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. Transitions between distinctly differing types of land uses should not create a negative
economic, social or physical impact on adjoining developments.
e. The city coordinates land use changes with the character of each neighborhood.
f. Protect neighborhoods from encroachment or intrusion of incompatible land uses by
adequate buffering and separation.
2. This area would eliminate the planned residential area that was on a minor arterial street and
was between a residential area and the existing school.
3. This site is proper for and consistent with the city's policies for a school. This includes:
a. It is on a minor arterial street and is near a collector street.
b. Minimizing any adverse effects on surrounding properties because there would be no
traffic from this development on existing residential streets.
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4. It would be consistent with the proposed land use.
Seconded by Councilmember Koppen Ayes -All
Councilmember Monahan-Junek moved to adopt the following resolution approving a
revision for the conditional use permit for Mounds Park Academy at 2051 Larpenteur
Avenue:
CONDITIONAL USE PERMIT REVISION RESOLUTION 04-05-096
WHEREAS, Mr. David Aune, representing Mounds Park Academy, has requested a revision to the
conditional use permit for their school.
WHEREAS, this permit applies to the existing school property at 2051 Larpenteur Avenue and the
properties at 2025 and 2027 Larpenteur Avenue. The legal descriptions are:
Tracts A, D, E, F, G, and H of Registered Land Survey No. 396, Ramsey County,
Minnesota.
Subject to County Road A (Larpenteur Avenue), the west 132 feet of the South 330 feet of
the SE'/4 of Section 14, Township 29, Range 22 (PIN 14-29-22-43-0009)
Subject to County Road A (Larpenteur Avenue), the east 132 feet of the West 264 feet of the
South 330 feet of the SE'/4 of Section 14, Township 29, Range 22 (PIN 14-29-22-43-0008)
WHEREAS, the history of this conditional use permit revision is as follows:
The planning commission discussed the conditional use permit revision on May 3, 2004.
They recommended that the city council approve the revision.
2. The city council held a public hearing on May 24, 2004. City staff published a notice in
the paper and sent notices to the surrounding property owners as required by law. The
council gave everyone at the hearing a chance to speak and present written statements.
The council also 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 for the following reasons:
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,
City Council Meeting 05-24-04
fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness,
electrical interference or other nuisances.
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.
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:
All construction must comply with the site plan, date-stamped April 8, 2004. , I ,.__ '
The city council may approve major changes. The director of community development
may approve minor changes. Such changes shall include:
a. Revising therg ading and site plans to show the contractor minimizing the loss or removal
of natural vegetation and to meet all the conditions of the city engineer.
The school may implement the changes and additions shown on the plans in phases.
2. The city council shall review this permit revision one year from the date of approval, based
on the procedure in the city code.
3. The school shall turn the tennis court lights off by 9:00 p.m. Only the school shall use the
tennis court lights.
4. The school shall only use the area between the tennis courts and pond and the west lot line as
a track or route for running during fall and spring cross-country meets.
5. The school shall not allow garbage or trash pick-up between the hours of 11:00 p.m and
5.30 a m
d. The city council requires that the school remove the westerly access at Price Avenue
b"eadedA
e. The wooden screening fence shall be kept in good repair.
City Council Meeting 05-24-04 10
f. The school, the fire marshal and the city building official shall agree on a plan for the
school to make the required life safety and building improvements to the existing building.
This plan shall include the installation of:
a. The required fire protection (sprinkler) systems.
b. An early warning fire protection system (smoke detection and monitoring).
c. Additional emergency lights and exit signs (if necessary).
d. The necessary changes to meet the handicapped accessibility code requirements.
e. A proper address on the building.
f. Any other changes the fire marshal or the building official deem necessary,
g. 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.
h. Have the city engineer approve final construction and engineering plans. These plans shall
meet all the conditions and changes that the engineers noted in the memo dated April 26,
2004, including the installation of the sidewalk along Larpenteur Avenue.
i. The school shall be responsible for the maintenance and clean up of the ponding areas on
their property_
j. The school shall post the driveways and drive aisles as no parking zones.
k. The citv council shall review this hermit revision in one
Seconded by Councilmember Koppen Ayes -All
Councilmember Monahan-Junek moved to approve the plans date-stamped April 8, 2004
(site plan, landscape plan, grading and drainage plans and building elevations) for Mounds
Park Academy.
This approval is subject to the applicant or contractor doing the following:
1.Repeat this review in two years if the city has not issued a grading permit or a
building permit for this project.
2. Complete the following before the city issues a grading or building permit:
a. Have the city engineer approve final construction and engineering plans. These plans
shall include: grading, utility, drainage, erosion control, retaining wall, tree, sidewalk,
driveway and parking lot plans. The plans shall meet the following conditions:
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation, water elevation and contour information.
These shall include the normal water elevation and 100 -year high water
elevation for the ponds.
City Council Meeting 05-24-04 11
(b) Include contour information for all 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. The ponds or basins shall meet the city's design
standards and shall include best management practices and rainwater gardens
wherever practical.
(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" native
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 as little disturbance as possible on the west and east sides of the site to
minimize the loss or removal of the trees. This is to keep and protect as many of
the trees along the west and east property lines as possible.
(g) Show the required sidewalk along Larpenteur Avenue.
(3) The tree plan shall:
(a) Be approved by the city engineer before site grading or tree removal.
(b) 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.
(c) Show the size, species and location of the replacement trees. The deciduous
trees shall be at least two and one half (2 1/2) inches in diameter and shall
be a mix of coniferous trees and red and white oaks and sugar maples.
(d) Show no tree removal beyond the approved grading and tree limits.
(4) All the parking areas and driveways shall have continuous concrete curb and
gutter except where the city engineer decides that it is not needed.
(5) The project engineer shall submit to the city a storm water management plan,
including drainage and ponding calculations, for the proposal.
(6) Make all the changes and meet all the conditions as required by the city engineer
and as noted by Chuck Vermeresch in the memo dated April 26, 2004.
b. Submit a certificate of survey for all new construction.
c. Submit a revised landscape plan to staff for approval that incorporates the following
details:
City Council Meeting 05-24-04 12
(1) Preserving as much of the existing vegetation (including large trees) along the
western and eastern property lines as possible.
(2) The manicured or mowed areas from the natural areas. The native grasses and
flowering plants shall be those needing little or no maintenance. Specifically, the
developer or contractor shall have the natural areas seeded with an upland
mixture and lowland mixtures as appropriate.
(3) That shows the location of all large trees on the site.
(4) All trees would be consistent with city standards for size, location and species.
(5) Planting (instead of sodding) the disturbed areas around the ponding areas 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 people mowing into the
pond.
(6) The maple trees must be at least 2 1/2 inches in caliper, balled and burlapped.
(7) The plantings proposed around the building shown on the landscape plan date-
stamped April 8, 2004 shall remain on the plan.
(8) In addition to the above, the contractor shall sod all front, side and rear yard
areas (except for mulched and edged plantings or tree beds).
(9) No landscaping shall take place in the Larpenteur Avenue boulevard. The
contractor shall restore the boulevard with sod.
(10) Adding more evergreen trees (Black Hills spruce or Austrian pines) along the
west property line of the site. These trees are to be at least six feet tall and the
contractor shall plant these trees in staggered rows. The contractor shall place the
trees to reduce the effects of motor vehicle headlight glare to adjacent residential
properties.
d. Submit material samples and color schemes for each building addition to staff for
approval. The building materials and windows (including the frames and glass) shall be
compatible with the existing building.
e. Get a demolition permit from the city to remove the existing houses and garages from
the properties at 2025 Larpenteur Avenue and 2027 Larpenteur Avenue.
f. Get the necessary approvals and permits from the watershed district.
g. Get the necessary approvals and permits from Ramsey County.
h. Provide design details (height, depth and materials) about the proposed retaining walls.
i. After demolition, the school shall combine the properties at 2025 and 2027 Larpenteur
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Avenue with the school property for tax and identification purposes.
Submit plans for staff approval for the removal and replacement of the six -foot -high
screening fence along the west property line. This fence shall extend from the
Larpenteur Avenue right-of-way to the existing pond.
k. Submit a letter of credit or cash escrow for all required exterior improvements. The
amount of the escrow shall be 150 percent of the cost of the work.
3. Complete the following before using the new parking lots or before occupying the building
additions:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the ponding
areas, which may be seeded.
c. Install continuous concrete curb and gutter along all interior driveways and around all
open parking stalls.
d. Install a handicap -parking sign for each handicap -parking space and an address on the
building. In addition, the applicant shall install "no parking" signs along all the
driveways and drive aisles within the site and elsewhere, as may be required by staff.
e. Paint any roof -top mechanical equipment to match the uppermost part of the building.
(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. All light fixtures must have concealed lenses and bulbs to
properly shield glare from the adjacent street right-of-ways and from adjacent
properties.
g. Remove and replace the privacy fence along the western property line from the right-of-
way of Larpenteur Avenue to the existing pond.
h. The developer or contractor shall:
(1) Complete all grading for the site drainage 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) Install the curb and gutter, parking lots, sidewalk and retaining walls as shown on
the approved project plans.
(5) Install the required landscaping with each phase of the project.
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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 if the contractor finishes the new parking lot in the fall or
winter or if the building additions are occupied in the fall or winter, or within six
weeks of occupancy if the building additions are occupied in the spring or summer.
The city receives an agreement that will allow the city to complete any unfinished
work.
All work shall follow the approved plans. The director of community development may
approve minor changes.
6. This approval does not include signage. All proposed signs must comply with the city's
sign ordinance and the applicant must obtain all required sign permits before the
installation or relocation of signs.
Seconded by Councilmember Juenemann Ayes -All
9:25 p.m. Capital Improvement Plan and the Issuance of Capital Improvement
Bonds (4 VOTES)
Councilmember Monahan-Junek moved to continue this item until after the
completion of Public Hearings 4 and 5.
Seconded by Councilmember Juenemann Ayes -All
4. 9:26 p.m. Chesapeake Companies Retail Center (Maplewood Movies I Site - 3091
White Bear Avenue)
Preliminary Plat
Planned Unit Development
Design Approval
a. City Manager Fursman presented the report.
b. Associate Planner Finwall presented specifics from the report.
C. Boardmember Longrie-Kline presented the Community Design Review Board report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Jeff Wurst, Chesapeake Companies Development Group, LLC
Jim Schmidt, Legal Counsel for Buffalo Wildwings, Inc.
Sheri Ahrens, Westwood Professional Services, Inc
Jeff Wurst, second appearance
City Council Meeting 05-24-04 15
e. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to approve the preliminary plat for the Chesapeake Retail
Center at 3091 White Bear Avenue date stamped March 30, 2004. Approval is subject to
the following conditions:
a. Have the city engineer approve final construction and engineering plans. These
plans shall comply with all requirements as specified in the city engineering
department's April 26, 2004, engineering plan review.
b. Revise the plat to show:
1) The dedication of 10 feet of additional right-of-way along White Bear
Avenue.
2) The dedication of 17 feet of additional right-of-way along County Road D.
C. Prior to final plat approval, the following must be submitted for city staff approval:
1) Easement agreement that governs and provides for legal cross easements for
parking, access, and utilities between all lots within the project.
2) Easement agreement for the installation and maintenance of a freestanding
sign on Lot 1 to benefit Lot 2.
3) Owners association agreement specifying responsibilities for insurance, taxes
and maintenance of all commonly owned property and facilities (including
snow plowing).
d. Record all easements and owners association agreements with the final plat.
Seconded by Councilmember Rossbach Ayes -All
Councilmember Koppen moved to adopt the following resolution approving a conditional
use permit for a planned unit development for the development of four restaurant/retails
buildings at 3091 White Bear Avenue ) Chesapeake Retail Center
CONDITIONAL USE PERMIT RESOLUTION 04-05-097
WHEREAS, Chesapeake Companies Development Group, LLC, applied for a conditional use
permit for a planned unit development to construct four restaurant/retail buildings for a
development known as Chesapeake Retail Center.
WHEREAS, this permit applies to the property at 3091 White Bear Avenue. The legal
description is Lot 1, Block 1, Maplewood Mall Addition.
WHEREAS, the history of this conditional use permit is as follows:
On May 3, 2004, the planning commission reviewed this request and made a recommendation
City Council Meeting 05-24-04 16
about this permit.
2. On May 24, 2004, the city council held a public hearing. City staff published a notice in the
paper and sent notices to the surrounding 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 and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit, because:
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 runoff, vibration, general unsightliness, electrical interference or other
nuisances.
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.
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:
Have the city engineer approve final construction and engineering plans. These plans shall
comply with all requirements as specified in the city engineering department's April 26, 2004,
engineering plan review as well as the following:
a. A westward extension of the retaining wall south of Building D (Jared Jewelers). The
retaining wall height must be sufficient to create a prevailing ground slope away from
Building D, thereby deflecting a potential flow from a pipeline leak.
2. An easement agreement that governs and provides for legal cross easements for parking, access,
and utilities between all lots within the project.
3. An easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to
City Council Meeting 05-24-04 17
benefit Lot 2.
4. An owners association agreement specifying responsibilities for insurance, taxes and
maintenance of all commonly owned property and facilities (including snow plowing).
All 8 -foot -wide parking spaces must be signed as either "employee" or "compact" car parking
only.
6. Signage for Buildings B, C, and D are allowed as follows:
a. One freestanding sign, 25 feet in height and 100 square feet in area. Freestanding sign
height must be measured from building grade to top of the sign, not ground grade to top of
sign. The TGI Friday's and Jared Jeweler's freestanding signs must maintain a 5 -foot
setback to the White Bear Avenue right-of-way and a 10 -foot setback to all side property
lines. The Buffalo Wild Wing's freestanding must maintain a 1 -foot setback to the County
Road D right-of-way and a 5 -foot setback to the side property line. All three freestanding
signs must have a decorative base constructed of quality building materials to match the
corresponding buildings.
b. Three wall signs per building, only one per elevation. Size of the wall sign is limited to 20
percent of the gross wall area on which the sign is attached. Wall signs are not permitted on
a canopy.
7. All construction shall follow the plans date-stamped March 30, 2004 and April 26, 2004, with
revisions as noted in this approval. The city council may approve major changes to the plans.
The Director of Community Development may approve minor changes to the plans, including a
change to the site plan for the proposed future driveway access onto White Bear Avenue,
pending Ramsey County engineer and city engineer approval.
8. The proposed construction must be substantially started within one year of city council approval
or the permit shall end. The city council may extend this deadline for one year.
9. The city council shall review this permit in one year.
Seconded by Councilmember Monahan-Junek Ayes -All
Councilmember Koppen moved to approve the buildingand nd sign elevations, site plan, and
landscape plan date-stamped March 30, 2004, the lighting plan date-stamped April 26,
2004, and the Jared Jewelers foundation landscape plan date-stamped April 26, 2004, for the
development of the Chesapeake Retail Center 3091 White Bear Avenue:
The developer shall do the following (changes made by city council reflected as
underlined if added or stricken if deleted):
a. Repeat this review in two years if the city has not issued a building permit for all
three buildings for this project (Buildings B, C, and D).
b. Submit the following to city staff prior to issuance of a grading or building permit:
1) Have the city engineer approve final construction and engineering plans.
These plans shall comply with all requirements as specified in the city
City Council Meeting 05-24-04 18
engineering department's April 26, 2004, engineering plan review as well as
the following:
a) A westward extension of the retaining wall south of Building D (Jared
Jewelers). The retaining wall height must be sufficient to create a
prevailing ground slope away from Building D, thereby deflecting a
potential flow from a pipeline leak.
2) Obtain a demolition permit for the removal of the existing Maplewood Movie
I Theater building.
3) Obtain the required Ramsey/Washington Metro Watershed District permits.
4) Submit payment for all required Park Access Charges (PAC fees) as
specified in the Park Director's April 14, 2004, correspondence to
Chesapeake Companies.
5) Submit an easement agreement that governs and provides for legal cross
easements for parking, access, and utilities between all lots within the
proj ect.
6) Submit an easement agreement for the installation and maintenance of a
freestanding sign on Lot 1 to benefit Lot 2.
7) Submit an owners association agreement specifying responsibilities for
insurance, taxes and maintenance of all commonly owned property and
facilities (including snow plowing).
8) Submit a revised site plan showing the following:
a) The dedication of 10 feet of additional right-of-way along White Bear
Avenue.
b) The dedication of 17 feet of additional right-of-way along County
Road D.
c) Building C (TGI Fridays) and Building D (Jared Jewelers) shifted
approximately five feet to the south, or a lesser distance, to
accommodate a future driveway located to the north of Building C
that would extend onto White Bear Avenue.
d) Pending continued cooperation with the adjacent property owner,
show the location of a driveway and pedestrian cross -access on the
south side of the property, to accommodate entrance and egress to and
from the southerly property (3065 White Bear Avenue).
e) The extension of the sidewalk in front of Building A (future
retail/restaurant) onto the County Road D trail.
f) A pedestrian access extending from the White Bear Avenue sidewalk.
City Council Meeting 05-24-04 19
9) A revised landscape plan, subject to review and approval by staff, that shows
the following:
a) Pending a shared driveway scenario with Arbys, a revised landscape
plan showing the area of disturbance and landscaping proposed.
b) additional trees on the west side of the property, between the
sidewalk and the Maplewood Mall road.
C) Additional plantings in front of Jared Jeweler's dumpster enclosure to
help screen the enclosure from White Bear Avenue.
d) A foundation landscape plan for TGI Fridays and Buffalo Wild
Wings. These plans should be consistent and complement the overall
landscaping and Jared Jeweler's foundation plantings, and should
ensure appropriate plantings in front of all dumpster enclosures to
ensure screening from the roadways.
e) An underground irrigation plan to ensure all landscaping is irrigated
per city code.
10) Revised building and dumpster enclosure elevations showing the following:
TGI Fridays:
a) Removal of the EIFS building material and replacement with brick,
granite, and/or stone building materials and consistent building detail,
including parapet walls, on all elevations of the building.
b) Dumpster and recycling enclosure constructed of quality building
materials to match the building. The enclosure must be at least 6 feet
high and have a 100 -percent opaque gate.
Jared Jewelers:
a) Dumpster and recycling enclosure constructed of quality building
materials to match the building. The enclosure must be at least 6 feet
high and have a 100 -percent opaque gate.
Buffalo Wild Wings:
a) Removal of the exposed neon stripe.
b) Dumpster and recycling enclosure constructed of quality building
materials to match the building. The enclosure must be at least 6 feet
high and have a 100 -percent opaque gate.
C) A 6 -foot -high fence around the proposed outdoor patio to be approved
City Council Meeting 05-24-04 20
by the city council prior to issuance of a liquor license for Buffalo
Wild Wings.
11) A revised outdoor lighting and photometric plan. The revised plan shall
show the exact location, height, and style of all outdoor lights. The light
illumination from all outdoor lights may not exceed .4 -foot-candles at all
property lines.
12) 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.
C. Prior to issuance of sign permits, the following must be submitted:
1) Sign elevations for Buildings B, C, and D as follows:
a) One freestanding sign, 25 feet in height and 100 square feet in area.
Freestanding sign height must be measured from building grade to top
of the sign, not ground grade to top of sign. The TGI Friday's and
Jared Jeweler's freestanding signs must maintain a 5 -foot setback to
the White Bear Avenue right-of-way and a 10 -foot setback to all side
property lines. The Buffalo Wild Wing's freestanding sign must
maintain a 1 -foot setback to the County Road D right-of-way and a 5 -
foot setback to the side property line. All three freestanding signs
must have a decorative base constructed of quality building materials
to match the corresponding buildings.
b) Three wall signs per building, only one per elevation. Size of the wall
sign is limited to 20 percent of the gross wall area on which the sign
is attached. Wall signs are not permitted on a canopy.
2) A detailed landscape plan for the base of all three proposed freestanding
signs.
d. Complete the following before occupying the buildings:
1) Install all required exterior improvements.
2) Screen all roof -mounted equipment visible from streets.
e. If any required work is not done, the city may allow temporary occupancy if:
1) The city determines that the work is not essential to the public health, safety
or welfare.
2) 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.
City Council Meeting 05-24-04 21
f. All work shall follow the approved plans. The city council may approve major
changes to the plans. The Director of Community Development may approve minor
changes to the plans, including a change to the site plan for the proposed future
driveway access onto White Bear Avenue, pending Ramsey County engineer and
city engineer approval.
g. Building A and signs associated with Building A are not included in this community
design review approval.
h. T_ h design r-eview baar-d r-eeammeads that a 4 feat high fenee ar-Emad
the Buff -ale Wild Wing's patia be appr-aved as pr-apased by the applieant. The
Seconded by Councilmember Monahan-Juenk Ayes -All
8:15 p.m. T.H. 61 Improvments (Beam to I-694), Project 03-07 —Resolution
Authorizing Preparation of Plans and Specifications, Authorizing
Acquisition of Right of Way, Ordering Project to be Constructed,
and Authorizing Purchase of Signal System Mast Arms
a. City Manager Fursman presented the report.
b. City Engineer AN presented specifics from the report.
C. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following person was heard:
Steven Heth, SEH Engineer
Jennifer Bouthilett, Owner of Hillcrest Animal Hospital
d. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution authorizing preparation of
plans and specifications, authorizing acquisition of right of way, ordering project to be
constructed and authorizing purchase of signal system mast arms:
RESOLUTION 04-05-098
AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS
AUTHORIZING ACQUISITION OF RIGHT OF WAY
ORDERING PROJECT TO BE CONSTRUCTED
AUTHORIZING PURCHASE OF SIGNAL SYSTEM MAST ARMS
WHEREAS, a report has been prepared under the direction of the city engineer
with reference to the improvement of Trunk Highway 61 (Beam to Interstate 694), City
Project 03-07, and
WHEREAS, the report provides information regarding whether the proposed
project is necessary, cost-effective, and feasible,
WHEREAS, the city council requested a council hearing on the proposed street
improvements for Trunk Highway 61 (Beam to Interstate 694), City Project 03-07, and
City Council Meeting 05-24-04 22
WHEREAS, ten days mailed notice and two weeks published notice of the
hearing was given, and the hearing was duly held on May 24 2004, and the council has
heard all persons desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is necessary, cost-effective and feasible, as detailed in the
feasibility report, that the City of Maplewood make improvements to Trunk Highway 61
between Beam and Interstate 694, City Project 03-07.
2. Such improvement is hereby ordered as proposed in the council resolution
adopted the 24th day of May 2004.
3. The city engineer is designated engineer for this improvement and is
hereby directed to prepare final plans and specifications for the making of said
improvement.
4. The city engineer is authorized to acquire the necessary right of way and
easements for the making of these improvements by direct negotiations.
5. The finance director is hereby authorized to make the financial transfers
necessary to create a financing plan for the project by the amounts detailed in the
preliminary report. The project budget of $1,295,835 is hereby directed to be
established as follows:
Total
Municipal State Aid $ 477,435
MnDOT Cooperative Agmt $ 540,000
MnDOT Safety Agmt Funds $ 278,400
TOTAL $1,295,835
6. The city engineer is authorized to order signal system mast arms for said
intersection improvement and directed to enter said purchase into the project costs.
Approved this 22nd day of March 2004.
Seconded by Councilmember Rossbach Ayes -All
Councilmember Juenemann moved to extend the meetin,- until all a,-enda items were
completed
Seconded by Mayor Cardinal Ayes -All
10:57 p.m. Capital Improvement Plan and the Issuance of Capital Improvement
Bonds (4 VOTES)
City Manager Fursman presented the report.
b. Finance Director Faust presented specifics from the report.
Mayor Cardinal moved to forgo the viewing of the Capital Improvement Plan video
and the meeting. The video has been publicly telecast during the Maplewood
Planning Commission Meeting.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Koppen moved to adopt the following resolution approving a capital
improvement plan and the issuance of Capital improvement bonds.
City Council Meeting 05-24-04 23
RESOLUTION 04-05-099
APPROVING A CAPITAL IMPROVEMENT
PLAN AND THE ISSUANCE OF
CAPITAL IMPROVEMENT BONDS
WHEREAS,
A. Pursuant to Minnesota Statutes, Section 475.521, the City of Maplewood, Minnesota
(the "City") is authorized to adopt a capital improvement plan and issue bonds to finance capital
improvements described therein;
B. Pursuant to Minnesota Statutes, Section 475.521, Subdivision 2 the City Council held a
public hearing on the date hereof, and
C. In approving the Capital Improvement Plan, the City Council considered for each proj ect
and for the overall plan:
1. The condition of the City's existing infrastructure, including the projected need for
repair and replacement;
2. The likely demand for the improvement;
3. The estimated cost of the improvement;
4. The available public resources;
5. The level of overlapping debt in the City;
6. The relative benefits and costs of alternative uses of the funds;
7. Operating costs of the proposed improvements; and
8. Alternatives for providing services more efficiently through shared facilities with
other local governmental units; and
D. The City Council has determined that the issuance of Capital Improvement Bonds in the
aggregate principal amount of $700,000 is the best way to finance those portions of Capital
Improvement Plan eligible under Minnesota Statutes, Section 475.521.
NOW, THEREFORE, BE IT RESOLVED, by the Maplewood City Council adopts the 2005-
2009 Capital Improvement Plan and authorizes the issuance of Capital Improvement Bonds in the
aggregate principal amount of $700,000.
Seconded by Councilmember Rossbach Ayes -All
L AWARD OF BIDS
Legacy Parkway Improvements (Southlawn to Hazelwood), Project 03-26 —
Resolution for Award of Bids
City Manger Fursman presented the report.
b. City Engineer AN presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution accepting the bids
and awarding construction contract to Ryan Construction Company in the amount of
$1.154.703.70:
City Council Meeting 05-24-04 24
RESOLUTION 04-05-010
RECEIVING BIDS AND
AWARDING CONSTRUCTION CONTRACT
WHEREAS, pursuant to resolution passed by the city council on April 12, 2004, plans and
specifications for the Legacy Parkway Improvements, have been approved, and
WHEREAS, pursuant to resolution passed by the city council on April 12, 2004, bids were
received and publicly opened and read aloud on May 20th, 2004 at 2:00 pm as follows:
Contractor Bid Amount
Ryan Contracting Co. $1,154,703.70
Richard Knutson Inc. $1,189,181.63
Forest Lake Contracting Inc. $1,203,594.00
F.M. Frattalone Excavating & Grading, Inc. $1,243,579.85
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
Said bids as opened on May 20, 2004 are hereby received and acknowledged.
2. A construction contract in the amount of $1,154,703.70 is hereby awarded to the
lowest responsible bidder, Ryan Contracting Company and the mayor and city manager are hereby
authorized to execute said construction contract.
3. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan.
Seconded by Councilmember Rossbach Ayes- All
J. UNFINISHED BUSINESS
Toenjes Hills Estates (1966 McMenemy Street)
Vacations
Preliminary Plat
City Manger Fursman presented the report.
b. Associate Planner Roberts presented specifics from the report.
The following people were heard:
Tim Freeman, of Folz, Freeman, Erickson, Inc.
Don Bachmier, builder of the St. Paul Business Center
Councilmember Koppen moved to adopt the following resolution for the vacation of
the unused Edgemont Street right-of-way, the unused alley and the excess drainage
easements on the property for the site of the Toenjes Hills Estates Plat:
City Council Meeting 05-24-04 25
VACATION RESOLUTION 04-05-101
WHEREAS, Hugh Toenjes, representing the property owner, applied for the vacation of the
following:
1. The Edgemont Street right-of-way, according to the plat of Magoffin's Northside Addition
to Saint Paul, Minnesota, lying south of the vacated Vernon Avenue and north of Lot 7,
Block 5 and Lot 24, Block 6.
1. The 20 -foot -wide alley in Block 5, Magoffin's Northside Addition to Saint Paul, Minnesota,
lying south of the vacated Vernon Avenue and north of Lot 7 and Lot 24 of said Block 5.
2. That part of the drainage and utility easement in Document No. 2690368, described as that
part of said easement lying southerly of the centerline of vacated Vernon Avenue between
the west line of Block 5 and the east line of Block 5 in Magoffin's Northside Addition to
Saint Paul, Minnesota, Ramsey County.
WHEREAS, the history of this vacation is as follows:
1. On April 19, 2004, the planning commission recommended that the city council approve
the above-described vacations.
2. On May 10, 2004, 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 and planning commission. The
council then tabled action on the request.
3. On May 24, 2004, the city council again considered this request.
WHEREAS, after the city approves this vacation, the public interest in the property will go to the
following properties:
Lots 1-7 and Lots 24-30, Block 5, Magoffin's Northside Addition to St. Paul (PIN 17-29-22-
23-0073).
2. Lots 1-7 and Lots 24-30, Block 6, Magoffin's Northside Addition to St. Paul (PIN 17-29-22-
23-0072).
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacation for the following reasons:
1. It is in the public interest.
2. The city and the property owner have no plans to build a street or an alley in the
right-of-ways.
3. The adjacent properties have adequate street access.
4. The developer will be dedicating a new right-of-way and new easements with the
new plat.
City Council Meeting 05-24-04 26
Seconded by Councilmember Rossbach Ayes- All
Councilmember Koppen moved to approve the Toenjes Hills Estates preliminary pla
(received April 1, 2004). The developer shall compete the following before the citX
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 retaining walls, site
landscaping and meet all city requirements.
b. * Place temporary orange safety fencing and signs at the grading limits.
Have Xcel Energy install Group V rate street lights in two locations - primarily at the
street intersections and at the east end of the cul-de-sac. The exact style and location
shall be subject to the city engineer's approval.
d. Provide all required and necessary easements (including all utility easements and 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).
e. Pay the city for the cost of traffic -control, street identification, and no parking signs.
f. Provide all required and necessary easements, including any off-site easements.
g. Demolish or remove the existing shed from the site, and remove all other buildings,
fencing, scrap metal, debris and junk from the site.
h. Cap and seal all wells on site; and remove septic systems or drainfields, subject to
Minnesota rules and guidelines.
Complete all curb on McMenemey Street on the west side of the site. This is to replace
the existing driveways on McMenemey Street, and restore and sod the boulevards.
2. * Have the city engineer approve final construction and engineering plans. These plans shall
include grading, utility, drainage, erosion control, tree, trail and street plans. The plans
shall meet all the conditions and changes listed in the memo from Erin LaBeree dated April
12, 2004, and shall meet the following conditions:
a. The erosion control plans shall be consistent with the city code and shall be extremely
detailed to the satisfaction of the city engineer.
b. The grading plan shall show:
(1) The proposed building pad elevation and contour information for each home 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) House pads that reduce the grading on sites where the developer can save large trees.
City Council Meeting 05-24-04 27
(4) The proposed 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. At a minimum, the slopes shall be protected with wood -fiber
blanket, be seeded with a no -maintenance vegetation and be stabilized before the
city approves the final plat.
(6) Include the tree plan that:
a. Shows where the developer will remove, save or replace large trees. This plan
shall include an inventory of all existing large trees on the site.
b. Shows no tree removal beyond the approved grading and tree limits.
c. Changes the proposed Colorado Blue Spruce trees on the planting plans with
other species that are more native and compatible to the climate and conditions
in Maplewood.
d. Shows the planting of Black Hills spruce or Austrian Pines in the front yard
of the house at 1967 McMenemey Street to provide screening for the house.
(7) All retaining walls on the plans. Any retaining walls taller than 4 feet require a
building permit from the city.
(8) Sedimentation basins or ponds as required by the watershed district or by the
city engineer.
(9) No grading beyond the plat boundary without temporary grading easements
from the affected property owner(s).
(10) As little grading as possible north and south of the proposed street. This is to
keep as many of the existing trees on the site as is reasonably possible.
(11) The 8 -foot -wide trail from the cul-de-sac to the east property line.
c. The street and utility plans shall show:
(1) The street with a width of 28 feet (with parking on one side), shall be a 9 -ton design
with a maximum street grade of eight percent and the maximum street grade within
75 feet of the intersection at two percent.
(2) The new street (Toenjes Place) with continuous concrete curb and gutter, except
where the city engineer determines that concrete curbing is not necessary.
(3) The completion or replacement of the curb on the east side of McMenemey Street
and the restoration and sodding of the boulevards.
City Council Meeting 05-24-04 28
(4) Repair of McMenemey Street (curb, street and boulevard) after the developer
connects to the public utilities and builds the new street.
(5) The coordination of the water main alignments and sizing with the standards and
requirements of the Saint Paul Regional Water Services (SPRWS).
(6) 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.
(7) The plan and profiles of the proposed utilities.
(8) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor
shall protect the outlets to prevent erosion.
(9) The cul-de-sac with a minimum pavement radius of at least 42 feet.
(10) Label McMenemey Street and the new street as Toenjes Place on all construction
and project plans.
d. 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 inlet and pipe capacities.
(2) Submit drainage design calculations.
e. A landscape plan for:
(1) The areas along the street and the ponding areas. The coniferous trees shall
be at least six feet tall and shall include Black Hills spruce or Austrian pines instead
of Colorado blue spruce trees.
(2) All deciduous trees shall be at least 2'/z inches in diameter.
(3) The screening of the house at 1967 McMenemey Street. This plan shall
include the planting of Black Hills spruce or Austrian Pines in the front yard to help
screen the house from the new street.
3. Change the plat as follows:
a. Add drainage and utility easements as required by the city engineer.
b. 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 at least
five feet wide along the side property lines.
c. Revise the plans and lot layout to:
1. Accommodate a 20 -foot -wide pedestrian way for a trail from the cul-de-sac to the
City Council Meeting 05-24-04 29
city park.
2. Make the corner lots at least 100 feet wide on each street right-of-way.
Show the street right-of-way with a width of 60 feet and the cul-de-sac with a
right-of-way radius of 55 feet.
4. Show house pads that meet all city setback requirements.
4. Pay for costs related to the engineering department's review of the construction plans.
5. Secure and provide all required easements for the development including any off-site
drainage and utility easements. These shall include, but not be limited to, an easement
for the culvert draining the pond on the north side of the plat and paying the city for the
easement for the ponding area on the park property.
6. The developer shall complete all site grading and retaining wall construction. The city
engineer shall include in the developer's agreement any grading that the developer or
contractor has not completed before final plat approval.
7. Sign a developer's agreement with the city that guarantees that the developer or
contractor will:
a. Complete all grading for overall site drainage and ponding areas, install all retaining
walls, install the landscaping and replacement trees, install all other necessary
improvements and meet all city requirements.
b. Place temporary orange safety fencing and signs at the grading limits.
c. Provide for the repair of McMenemey Street (street, curb and boulevard) after the
developer connects to the public utilities.
d. Meet all the requirements of the city engineer.
8. Record the following with the final plat:
a. Any homeowners' association documents.
b. A covenant or deed restriction with the final plat that prohibits any driveways on Lots
1 and 6 from going onto McMenemey Street.
A covenant or association documents that addresses the proper installation,
maintenance and replacement of the retaining walls.
The applicant shall submit the language for these dedications and restrictions to the city
for approval before recording.
9. Obtain a permit from the Ramsey -Washington Metro Watershed District for grading.
10. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency
City Council Meeting 05-24-04 30
(MPCA).
11. The property owner shall submit a petition to the city requesting the installation of the
public improvements.
12. If the developer decides to final plat part of the preliminary plat, the director of
community development may waive any conditions that do not apply to the final plat.
*The developer must complete these conditions before the city issues a grading permit or
approves the final plat.
Seconded by Councilmember Rossbach Ayes- Mayor Cardinal,
Councilmembers Juenemann,
Koppen and Rossbach
Nays-Councilmember Monahan-
Junek
2. Nuisance Ordinance -Second Reading
City Manger Fursman presented the report.
b. Police Chief Thomalla presented specifics from the report.
Mayor Cardinal moved to adopt the following second reading of the Nuisance
Ordinance
ORDINANCE NO. 849
AMENDING THE CITY CODE RELATING
TO NUISANCES
Sec. 1. Purpose and intent.
The purpose of this article is to protect the public health, safety and welfare and to
reduce public exposure to health risks where law enforcement officers have determined
that hazardous chemicals from a suspected clandestine drug lab or chemical dump site
may exist. These conditions present health and safety risks to occupants and visitors of
such structures and land through fire, explosion and skin and respiratory exposure to
chemicals. The City Council finds that such sites may contain hazardous chemicals,
substances or residues that place people, particularly children or adults of child-bearing
age, at risk of exposure through inhabiting the property, visiting the property or using or
being exposed to contaminated personal property.
Sec. 2. Definitions.
Child means any person less than 18 years of age.
Chemical dump site means any place or area where chemicals or other waste
materials have been located.
Clandestine drug lab means the unlawful manufacture or attempt to manufacture
controlled substances.
Clandestine drug lab site means any place or area where law enforcement has
determined that conditions associated with the operation of an unlawful clandestine
drug lab exist. A clandestine drug lab site includes any dwellings, accessory structures,
buildings, a chemical dump site, a vehicle, boat, trailer or other similar appliance or any
City Council Meeting 05-24-04 31
other area, land or location.
Cleanup means proper removal and/or containment of substances hazardous to
humans and/or the environment at a clandestine drug lab site or chemical dump site.
Controlled substance means any drug, substance or immediate precursor in
Schedules I through V of Minnesota Statutes Section 152.02. The term does not
include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
Owner means any person, firm, corporation or other entity who owns, in whole or in
part, the land, building, structure, vehicle, boat, trailer or other location associated with a
clandestine drug lab site or chemical dump site.
Public health nuisance means a nuisance as defined under Section 18-31 of the
Maplewood City Code or under Minnesota Statute Section 145A.02, subd. 17.
Remediation means methods such as assessment, evaluation, testing, venting,
detergent scrubbing, enclosure, encapsulation, demolition and/or removal of
contaminated materials from a clandestine drug lab site or chemical dump site.
Sec. 3. Declaration of property as a public health nuisance.
(1) Any property containing a clandestine drug lab or chemical dump site will be
declared a public health nuisance.
(2) No person may occupy, enter or allow occupancy or entrance to property
declared a public health nuisance under this section until such declaration is
vacated or modified to allow occupancy.
Sec. 4. Law enforcement notice to other authorities.
Upon identification of a clandestine drug lab site or chemical dump site deemed to
place neighbors, visiting public or present and future occupants of the affected property
at risk for exposure to harmful contaminants and other associated conditions, law
enforcement officials shall notify the City Environmental Health Official and other
appropriate municipal, child protection and public health authorities of the property
location, the property owner, if known, and conditions found.
Sec. 5. Seizure of property.
(1) If a clandestine drug lab or chemical dump site is located inside a vehicle,
boat, trailer or other form of moveable personal property, law enforcement
authorities may immediately seize such property and transport it to a more
secure location.
(2) Personal property may not be removed from a clandestine drug lab site or a
chemical dump site without prior consent from the City Environmental Health
Official.
Sec. 6. Action by City Environmental Health Official.
(1) Upon notification by law enforcement authorities, the City Environmental
Health Official or other appropriate municipal or public health authority will
issue a Declaration of Public Health Nuisance for the affected property and
post a copy of the Declaration at all probable entrances to the dwelling or
property.
(2) Removal of the posted Declaration of Public Health Nuisance by anyone
other than the Environmental Health Official, law enforcement authorities or
their designees is prohibited.
(3) The City Environmental Health Official shall also attempt to notify the
following parties of the Declaration of Public Health Nuisance:
City Council Meeting 05-24-04 32
(a) Owner of the property;
(b) Occupants of the property;
(c) Neighbors within close proximity that can be reasonably affected
by the conditions found;
(d) The City of Maplewood Police Department and
(e) Other state and local authorities, such as the Minnesota Pollution
Control Agency and the Minnesota Department of Public Health,
which are known to have public and environmental protection
responsibilities applicable to the situation.
(4) Any rental license issued by the city for the property is immediately
suspended upon issuance of the Declaration of Public Health Nuisance.
Such license will be reinstated only after full compliance with an abatement
order.
(5) After issuance of the Declaration of Public Health Nuisance, the City
Environmental Health Official will issue an order to the property owner to
abate the public health nuisance. The abatement order will include the
following:
(a) A copy of the Declaration of Public Health Nuisance;
(b) An order to immediately vacate those portions of the property,
including building or structure interiors, which may place the
occupants or visitors at risk;
(c) Notification of suspension of the rental license, if applicable;
(d) A summary of the owner's and occupant's responsibilities;
(e) Information on locating professional services necessary to remove
and abate the public health nuisance status as provided in this
ordinance and Minnesota State Statute Section 145A.04 and
(f) Information about the potentially hazardous condition of the clandestine
drug lab site or chemical dump site.
Sec. 7. Responsibilities of owner.
(1) Upon receipt of an abatement order by the City's Environmental Health
Official, the property owner must, at the owner's expense:
(a) Immediately vacate those portions of the property, including building
or structure interiors, that may place the occupants or visitors at risk.
This includes dwellings, buildings, motor vehicles, trailers, boats,
appliances or any other affected area or location. No persons shall
occupy, enter or allow occupancy or entrance to a building or
structure declared a Public Health Nuisance until such declaration is
vacated or modified to allow occupancy;
(b) Properly secure and post warning signs on the perimeter of any
contaminated areas on the property in an effort to avoid exposure to
unsuspecting parties;
(c) Promptly contract with one or more acceptable environmental hazard
testing and cleaning firms (acceptable firms are those that have
provided assurance of appropriate equipment, procedures and
personnel, as determined by the Minnesota Department of Health)
to accomplish the following:
1) A detailed on-site assessment of the extent of contamination at
the site and the contamination of the personal property therein;
2) Soil testing of the site and testing of all property and soil in
City Council Meeting 05-24-04 33
proximity to the site that the environmental hazard testing and
cleaning firm determines may have been affected by the
conditions found at the site;
3) A complete cleanup of all property and soil at the site and in
proximity to the site that is found to be affected by conditions
found at the site (including, but not limited to, the cleanup or
removal of contaminated plumbing, ventilation systems, fixtures
and contaminated soil) or a demolition of the site and a complete
cleanup of the demolished site and
4) Remediation testing and follow-up testing to determine all health
risks are sufficiently reduced, according to the Minnesota
Department of Health guidelines, to allow safe human occupancy
and use of the site and use of the personal property therein.
(d) Regularly notify the city of actions taken and reach agreement with the
city on the cleanup schedule. The city shall consider practical
limitations and the availability of contractors in approving the schedule
for cleanup and
(e) Provide written documentation to the city of the cleanup process,
including a signed, written statement that the property is safe for human
occupancy and that the cleanup was conducted in accordance with
Minnesota Department of Health guidelines.
(2) The property may not be re -occupied or used in any manner until the city has
obtained the written statement in Section 7 (1) (e) and has confirmed that the
property has been cleaned in accordance with the guidelines established by
the Minnesota Department of Health.
Sec. 8. Owner's responsibility for costs.
The owner is responsible for all costs associated with nuisance abatement and
cleanup of the clandestine drug lab site or chemical dump site, including, but not limited
to, costs for:
(1) Emergency response;
(2) Posting and physical security of the site;
(3) Notification of affected parties;
(4) Expenses related to the recovery of costs, including the assessment process;
(5) Laboratory fees;
(6) Cleanup services;
(7) Administrative fees and
(8) Other associated costs.
Sec. 9. City authority to initiate cleanup and recovery of costs.
(1) If, within ten (10) days after service of notice of the Declaration of Public
Health Nuisance, the city is unable to locate the property owner or if the City
Environmental Health Official determines that the owner refuses to or cannot
pay the costs or arrange timely assessment and cleanup that is acceptable to
the city, the City Environmental Health Official is authorized to proceed in a
prompt manner to initiate the on-site assessment and cleanup.
(2) The city may abate the nuisance by removing any hazardous structure,
building or otherwise in accordance with Minnesota Statutes Chapter 463,
Chapter 18 of the Maplewood City Code or by any other means provided
under law.
City Council Meeting 05-24-04 34
(3) If the city abates the public health nuisance, in addition to any legal remedy,
it is entitled to recover all costs associated with such abatement plus an
additional 25% of the city's costs for administration. In addition to any other
legal remedy, the city may recover costs by civil action against the person or
persons who own the property or by assessing such costs as a special tax
against the property in the manner that taxes and special assessments are
certified and collected pursuant to Minnesota Statutes Section 429.101 and
Section 18-37 of the Maplewood City Code.
Sec. 10. Authority to modify or remove declaration of public health nuisance.
(1) The Environmental Health Official is authorized to modify the Declaration
conditions or remove the Declaration of Public Health Nuisance.
(2) Such modifications or removal of the Declaration shall only occur after
documentation from a qualified environmental or cleaning firm stating that
the health and safety risks, including those to neighbors and potential
dwelling occupants, are sufficiently abated or corrected to allow safe
occupancy of the dwelling.
Sec. 11. Penalties.
Any person violating any provision of this ordinance is guilty of a misdemeanor and
upon conviction shall be subject to the penalties set forth in Minnesota Statute Section
609.02, subd. 3.
Sec. 12. Severability.
Should any section, subdivision, clause or other provision of this ordinance be held
to be invalid by any court of competent jurisdiction, such decision shall not affect the
validity of the ordinance as a whole, or of any part thereof, other than the part held to be
invalid.
Sec. 13. Effective date.
This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Koppen Ayes -All
K. NEW BUSINESS
Consideration of Zoning Code Change — BC (M) (Business Commercial Modified)
District
City Manger Fursman presented the report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Koppen moved to adopt option 4 of the staff report in consideration
of an amendment to the BC(M) Zoning District.
Seconded by Mayor Cardinal Ayes- Mayor Cardinal,
Councilmember Koppen
Nays-Councilmembers
Juenemann, Monahan-Junek and
City Council Meeting 05-24-04 35
Rossbach
Motion failed
2. Intoxicating Liquor License (Smiley's Sports Bar & Grill) Change of Owner/New
Manager - Pao Thao Yang
City Manger Fursman presented the report.
b. Police Chief Thomalla presented specifics from the report.
Pao Thao Yang, the applicant, was present for questions.
Councilmember Koppen moved to approve the liquor license application for
Smiley's Sports Bar & Grill.
Seconded by Councilmember Monahan-Junek Ayes- All
Gladstone North Area Streets, Project 04-15 — Resolution Ordering Feasibility Study
City Manger Fursman presented the report.
b. City Engineer AN presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution ordering the
preparation of the feasibility study for the Gladstone North Area Street improvement,
Project 04-15:
RESOLUTION 04-05-102
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the Gladstone North Area
Streets, City Project 04-15, and to assess the benefited property for all or a portion
of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he
is instructed to report to the council with all convenient speed advising the council
in a preliminary way as to whether the proposed improvement is necessary, cost
effective and feasible and as to whether it should best be made as proposed or in
connection with some other improvement, and the estimated cost of the
improvement as recommended.
FURTHERMORE, funds in the amount of $40,000 are appropriated to prepare this
feasibility report.
Seconded by Councilmember Monahan-Junek Ayes -All
City Council Meeting 05-24-04 36
rd
L.
M.
User Fee Study
City Manger Fursman presented the report.
b. Finance Director Faust presented specifics from the report.
Councilmember Koppen moved to approve a $25,000 appropriation for the
preparation of a user fee study by the Maximus Company.
Seconded by Councilmember Rossbach Ayes -All
VISITOR PRESENTATIONS
Diana Longrie-Kline, 1771 Burr Street, commented on how impressed she was with
the Diversity Speech winner and the impact of his message, the placement of Visitor
Presentations on the agenda, informing the public on how they may get an item
placed on the agenda, complaints to the Cable Commission, and the new location for
the Ramsey County Court House.
COUNCIL PRESENTATIONS
National Hunger Awareness Day
Councilmember Rossbach moved to proclaim June 3rd Hunger Awareness Day in the
City of Maplewood as requested by the United States Conference of Mayors.
Seconded by Councilmember Koppen
Ayes -Mayor Cardinal,
Councilmembers Rossbach and
Koppen
Nays-Councilmembers
Juenemann and Monahan-Junek
2. Girl Scouts -Mayor Cardinal announced the following Girl Scout Gold Award
recipients from Maplewood:
o Cassandra Cunningham, Tartan Senior High
o Rena Dobervich, Tartan Senior High
o Amy Horwath, Tartan Senior High
o Diane Shockley, Tartan Senior High
0
o Lisa Walters, Tartan Senior High
Mayor Cardinal asked staff to contact the winners and invite them to a City Council
Meeting.
Tartan Ice Arena Update-Councilmember Monahan-Junek distributed the final
minutes from the April Tartan Ice Arena Meeting.
4. Cable Commission-Councilmember Koppen reported from the last Cable
Commission meeting. The next meeting is scheduled for July 15tH
City Council Meeting 05-24-04
37
5. NEST-Councilmember Koppen thanked staff for the NEST ad in the City News and
would like to see the video on-line.
6. Shape up Challenge-Councilmember Juenemann thanked the committee who
organized the 6 -week Shape Up Challenge and all those who participated to improve
their health; physically, emotionally and socially.
7. South Leg Group-Councilmember Rossbach reported from the meeting held May
20th
N. ADMINISTRATIVE PRESENTATIONS
Schedule 800 MHz Meeting -City Manager Fursman set a meeting date of June 14th
at 5:30 p.m. to discuss 800 MHz.
Councilmember Juenemann moved to adjourn at 12:18 a.m.
Seconded by Councilmember Koppen Ayes -All
City Council Meeting 05-24-04 38
May 24, 2004
Mayor Robert Cardinal
City of Maplewood, Minnesota,
Dear Mayor Cardinal,
We received an assessment notice on our property at 3050 Hazelwood St. Maplewood, MN 55109 for
Project Number —03-26 Legacy Parkway improvement in the amount of $77,544.75.
As you may know the property at 3050 Hazelwood is currently under a purchase agreement with
Southwind Builders, Inc. The purchase agreement is as a result of the development of Legacy Village of
Maplewood. In 2002 the Home owners on the East Side of Hazelwood St. were asked by The Hartford
Group to be part of the development for Legacy Village of Maplewood. All five home owners agreed and
then The Hartford Group backed out. The five home owners were in communication with the City of
Maplewood to Purchase our properties but the City had to purchase all five or none. One of the
homeowners elected to stay and did not want to be a part of the process.
During the processing of the AUAR and EAW for Legacy of Maplewood questions were asked at public
hearings at the Maplewood City Council about a road going through from Legacy of Maplewood to
Hazelwood St. The Council was told no road was to extend to Hazelwood St. through the property owners
land. The road was to go to the west, then south and east to reconnect to Kennard St. all on the Legacy of
Maplewood development.
The three properties owners East of Hazelwood St. established a purchase agreement for the purchase of
their properties by Southwind Builders, Inc. Town and Country proposed a development East of the
properties with a road to the property line at 3050 Hazelwood St.. At the public hearing for the
development we were told a road would not go through until our property was developed and that the road
would not have an impact on the number of units Southwind Builders, Inc. could put on three parcels of
property. We advised the Council that the road may have an impact on Southwind Builders, Inc. and if it
did there may be an infringment on the purchase agreement the property owners have with Southwind
Builders, Inc. The Town and Country project was approved with the Legacy Parkway road up to the
property line. The Legacy Parkway road was later approved in order for the process to take place to
purchase the two remaining properties on Hazelwood St. and to connect Legacy Parkway to Hazelwood St.
once development of the property took place. Our home at 3050 Hazelwood St. has to be removed for
Legacy Parkway to be completed.
Assessment of the Legacy Parkway development to our property at 3050 Hazelwood St. would be an
infringement on the purchase agreement we have with Southwind Builders, Inc. We will not be able to sell
our property until the assessment is paid. The assessment is for the development of the road to be used by
the developers of the properties and the City of Maplewood not by the current home owner of the property.
As the current home owners of the property at 3050 Hazelwood St. we are totally opposed to the
assessment in the amount of $77,544.75. A deferment of the assessment is an infringement of our purchase
agreement as the assessments would have to be paid by the current home owners in order to sell the
property. We would suggest that the City Council of Maplewood adjust the assessment of the property at
3050 Hazelwood St. to $1.00. We would be willing to pay the assessment of $1.00 to clear the property of
any assessments for the pending sale of the property to Southwind Builders, Inc. With the assessment
cleared and the property sold to Southwind Builders, Inc. the future development of Legacy Parkway and
the properties East of Hazelwood St. could take place.
Sincerely,
eorge and Kathleen Supan
3050 Hazelwood St.
Maplewood, MN 55109
CC: Council Members
City Clerk
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