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HomeMy WebLinkAbout06-28-2004A. B. C. E. MINUTES MAPLEWOOD CITY COUNCIL 7:03 P.M. Monday, June 28, 2004 Council Chambers, City Hall Meeting No. 04-13 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 7:03 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 Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the City Council/Manager Workshop -June 14, 2004 Councilmember Juenemann moved to approve the minutes from the June 14, 2004 City Council/Manager workshop as presented. Seconded by Councilmember Koppen Ayes -All 2. Minutes from the City Council Meeting -June 14, 2004 Councilmember Monahan-Junek moved to approve the minutes from the June 14, 2004 City Council/Manager workshop as amended. Seconded by Councilmember Koppen Ayes -All APPROVAL OF AGENDA M1. 800 MHz M2. National Night Out M3. Historical Commission M4. South Leg Group M5. Commission Rules of Conduct N1. White Bear Business Association July 15th Parade N2. 494 Project Update Councilmember Monahan-Junek moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes -All City Council 06-28-04 F. APPOINTMENTS/PRESENTATIONS None G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 471,766.90 Checks # 64078 thru # 64129 dated 6/15/04 $ 276,704.77 Disbursements via debits to checking account dated 6/04/04 thru 6/10/04 $ 211,040.70 Checks # 64130 thru # 64187 dated 6/22/04 $ 127,660.25 Disbursements via debits to checking account dated 6/11/04 thru 6/17/04 $ 1,087,172.62 Total Accounts Payable PAYROLL $ 429,698.03 Payroll Checks and Direct Deposits dated 6/18/04 $ 4,481.77 Payroll Deduction check # 97763 thru # 97766 dated 6/18/04 $ 434,179.80 Total Payroll $ 1,521,352.42 GRAND TOTAL 2. Conditional Use Permit Review — A -Gem Auto Sales (2720 Maplewood Drive) Approved to review the conditional use permit for A -Gem Used auto Dealers at 2720 Maplewood Drive again only if problems arise or changes are proposed. 3. Conditional Use Permit Review — Beaver Lake Townhomes (Maryland Avenue and Lakewood Drive) Approved to review the conditional use permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year. City Council 06-28-04 2 4. Big Brothers Big Sisters — Temporary Food Permit — Fee Waiver Waived the $47.00 per day permit fee. Parks and Recreation — Firework and Noise Control Permit Approved the permits for fireworks and noise control for the City Parks and Recreation Department for the Fourth of July celebration. 6. Approval of Program Supervisor Position -Maplewood Community Center Authorized the hiring and creation of one regular part-time position at the MCC entitled Program Supervisor. The pay range has been established by the Union and City Council at $11.89-$15.00/hour for 20 to 32 hours per week with the position budgeted out of the MCC enterprise fund. Councilmember Koppen moved to approve the consent agenda items 3-6 as presented. Seconded by Councilmember Monahan-Junek Ayes -All Councilmember Koppen moved to approve the consent agenda items 1-2 as presented. Seconded by Councilmember Juenemann Ayes -All H. PUBLIC HEARINGS 7:15 p.m. Existing County Road D Realignment, Walter Street to T.H. 61, Project 04-06 — Public Hearing and Resolution Ordering Project and Authorizing Preparation of Plans and Specifications Assistant City Manager Coleman presented the report. b. City Engineer AN presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Jennifer Bouthilett, Hillcrest Animal Hospital, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to adopt the following resolution authorizing the preparation of plans and specifications for the existing County Road D Improvements, Walter Street to T.H. 61, City project 04-06: RESOLUTION 04-06-113 AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, pursuant to resolution of the council adopted May 12, 2003, a report has been prepared under the direction of the city engineer with reference to the improvement of Existing County Road D Improvements, Walter Street to T.H. 61, City Project 04-06, and this report was received by the City Council 06-28-04 council on June 14, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, WHEREAS, a resolution of the city council adopted the 14th day of June 2004, fixed a date for a council hearing on the proposed street improvements Existing County Road D, Walter Street to T.H. 61, City Project 04-06, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 28, 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 Existing County Road D, Walter Street to T.H. 61, City Project 04-06. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 28th day of June 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 finance director is hereby authorized to make the necessary financial transfers to implement the financing plans as follows: Ramsey County CSAH Funds $150,000.00 Ramsey County Turnback Funds $ 64,099.62 MnDOT Cooperative Agreement Funds $ 25,000.00 City of Vadnais Heights (through Joint Powers Agreement) $145,916.13 Maplewood Property Assessments $ 73,324.76 Maplewood General Levy Debt Service Funds $ 32,760.50 Total Project Financing $491,101.01 Seconded by Councilmember Koppen Ayes -All 2. 7:25 p.m. Code Amendment — Public Hearings (First Reading) Assistant City Manager Coleman presented the report and specifics from the report. b. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Lorraine Fischer, Chair of the Planning Commission Diane Longrie-Kline, 1771 Burr Street, Maplewood George Rossbach, 1406 East County Road C, Maplewood Mayor Cardinal closed the public hearing. Councilmember Juenemann moved to adopt the proposed ordinance amendment about public City Council 06-28-04 hearings: ORDINANCE NO. 848 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MAPLEWOOD CITY CODE ABOUT PUBLIC HEARINGS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment changes Section 12-310 (f)(1). Variances. (additions are underlined and deletions are crossed out): (f) Variances. Procedures for granting variances from this section are as follows: (1) The city council may approve variances to the requirements in this section. Before the city council acts on a variance, the planning commission shall hold a public hearing and shall make a recommendation to the city council. The city staff shall notify the property owners within 500 ;=-'-Q feet of the buffer at least ten days before the hearing. The city may require the applicant to mitigate any buffer alteration. Section 2. This amendment changes Section 14-57. License application approval procedure. (additions are underlined and deletions are crossed out): Sec. 14-57. License application approval procedure. An application for a home occupation shall be filed with the director of community development. Upon receipt of a complete application, the director of community development or his or her designee, shall prepare a report and recommendation to send to the planning commission. The planning commission shall hold a public hearing for each home occupation license request. The city shall mail a notice to all property owners within 500 feet of the proposed home occupation at least 10 days before the hearing. The city also shall publish the public hearing notice in the official newspaper at least ten days before the hearing. The planning commission will consider the proposal and then shall make a recommendation. The planning commission's recommendation shall be forwarded to the city council. The city council will make the final decision about all home occupation license reauests. (Code 1982, §17-22) Section 3. This amendment changes Section 34-5(c). (additions are underlined and deletions are crossed out) Sec. 34-5. Preliminary plat procedure. (c) The director of community development shall deliver to the finance director for deposit any moneys received as fees required in this chapter with each preliminary plan. The finance director shall credit the money to the general fund of the city. All moneys so received shall be used to defray the expenses of processing the application. The director of community development shall prepare a report and recommendation. This report shall then be forwarded to the planning commission. The planning commission shall hold a public hearing about the proposal and they shall forward a recommendation to the city council. . The hearing shall be held following publication of notice of the time and place thereof in the official newspaper at least ten days before the day of the hearing. The applicant, property owner, and all other property owners within 500 ;=5:4 feet of the property to be subdivided shall be notified by mail at least ten days before the day of the hearing. When a division or subdivision to which this chapter does not apply is presented to the city, the city clerk shall with in ten days certify that this chapter does not apply to the particular division. If the city fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminary approved, and upon demand the city shall execute a certificate to that effect. Section 4. This amendment changes Section 44-10. Zoning map. (additions are underlined and deletions are crossed out): City Council 06-28-04 Sec. 44-10. Zoning map. (a) Generally. The boundaries of the districts designated in section 44-9 will be shown on a map, and the map is hereby made part of this chapter, which map shall be known as the zoning map of the City of Maplewood. The map shall include any zoning changes recommended by the planning commission wand adopted by the city council. The planning commission shall hold a public hearing to consider all zoning map changes and shall make a recommendation about such changes to the city council. The city shall notify all property owners within 500 feet of the proposed zoning map change about the public hearing and shall publish a public hearing notice in the official newspaper at least ten days before the public hearing All interested persons shall be heard at the hearing or any adjournment thereof. After the hearing, the planning commission shall forward a recommendation to the city council. The t4@ city council shall adopt the zoning map and anchanges to it; and all notations, references and data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described. The map shall be kept up to date as provided in subsection (c) of this section. Section 5. This amendment changes Section 44-1093(c). (additions are underlined and deletions are crossed out): (c) The development shall conform to the plan as filed with the city. Any substantive changes in the plan shall require a recommendation by the planning commission after they hold a public hearing and requires the approval � of the city council. Section 6. This amendment changes Section 44-1096(b). (additions are underlined and deletions are crossed out): Sec. 44-1096. Procedure. (b) The planning commission shall hold at least one public hearing on each application for a conditional use permit. 60 6 -0 - The director of community development shall have a notice of the hearing published in the official newspaper at least ten days before the hearing. The director shall also cause a notice to be mailed to each of the owners of property within 500 4=5:4 feet of the boundary lines of the property upon which such use has been requested, which notices are to be mailed to the last known address of such owners at least ten days before the date of the hearing. Such notice shall include the date, time and place of the hearing and shall describe the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section. Section 7. This amendment changes Section 44-1240(b). (additions are underlined and deletions are crossed out): Sec. 44-1240(b). (b) The city shall send a copy of approved amendments, subdivisions, variances or conditional uses under this article to the commissioner. The city shall mail all such approvals within ten days of final action. When the city approves a variance after the commissioner has recommended denial, the notification of the approved variance shall include the minutes of the public hearing and of the city council's action. Section 8. This amendment changes Section 44-1283(a). (additions are underlined and deletions are crossed out): Sec. 44-1283. Permit termination. (a) The material extraction permit may be terminated for violation of this article of any conditions of the permit. No permit may be terminated until the planning commission has held a public hearing and the city council has determined whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The city council may establish certain conditions which, if not complied with by the operator, will result in immediate suspension of operations until the planning commission holds a public hearing and the city council considers terminating -i a6_ .— i Ai. , "-the permit Section 9. This ordinance shall take effect after publishing in the official newspaper. Seconded by Councilmember Koppen Ayes -All City Council 06-28-04 7:38 p.m. Code Amendment — Commission Chairperson Appointments (First Reading) Assistant City Manager Coleman presented the report and specifics from the report. b. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Linda Olson, Community Design Review Board George Rossbach, 1406 East County Road C, Maplewood Diana Longrie-Kline, Community Design Review Board Lorraine Fischer, Planning Commission Chair Dale Trippler, Planning Commission Peter Fischer, Parks and Recreation Chair Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to deny the ordinance approving the proposed code amendments regarding the planning commission and community design review board and to continue to allow the commissions to appoint their own chairs. Seconded by Councilmember Koppen Ayes -Mayor Cardinal, Councilmembers Juenemann, Koppen and Rossbach Nays-Councilmember Monahan-Junek 4. 8:10 P.M. Heritage Square Second Addition (Legacy Village — Kennard Street and Legacy Parkway) Planned Unit Development Revision Preliminary Plat Design Approval Councilmember Koppen moved to table this item per the applicants request until the July 26, 2004 City Council Meeting. Seconded by Councilmember Juenemann Ayes -All L AWARD OF BIDS County Road D Realignment (East), T.H. 61 to Southlawn Drive, Project 02-07 — Resolution for Award of Bids Assistant City Manager Coleman presented the report. b. City Engineer AN presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution accepting the bids and awarding the contract to Shafer Contracting Co., Inc. for the Base Bid and Bid Alternate No. 1 in the amount of $2,364,326.51: RESOLUTION 04-06-114 City Council 06-28-04 FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Shafer Contracting Co., Inc. for the Base Bid and Bid Alternate No. 1, in the amount of $2,364,326.51 is the lowest responsible bid for the construction of County Road D Realignment East (T.H. 61 to Southlawn) City Project 02-07, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded by CouncilmemberMonahan-Junek Ayes -All J. UNFINISHED BUSINESS County Road D Realignment (East), T.H. 61 to Southlawn Drive, Project 02-07 — Resolution for Adoption of Assessment Roll Assistant City Manager Coleman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolution for the Adoption of the Assessment Roll for the County Road D Realignment Improvements, City Project 02-07: RESOLUTION 04-06-115 ADOPTION OF 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 County Road D Realignment (East), T.H. 61 to Southlawn Dr., Project 02-07, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed an objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Eric J. Palmer, 1645 County Road D East: PIN 343022430018 2. Country View Golf Center, Inc., 2926 Highway 61: PIN 032922230009 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the County Road D Realignment (East), T.H. 61 to Southlawn Dr., Project 02-07: 1. Eric J. Palmer, 1645 County Road D East; PIN 343022430018; Deny revision to assessment as benefit received. Accept assessment as originally proposed. 2. Country View Golf Center, Inc., 2926 Highway 61; PIN 032922230009; Make no adjustment. Accept assessment as originally proposed. B. Such assessments shall be payable in equal annual installments extending over a period of 15 City Council 06-28-04 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. C. 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 Councilmember Koppen Ayes -All K. NEW BUSINESS County Road D Realignment (West), Walter Street to T.H. 61, Project 02-08 — Resolutions for: a. Approving Plans and Advertising for Bids b. Ordering Preparation of Assessment Roll Assistant City Manager Coleman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Juenemann moved to adopt the following resolutions for the County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll: RESOLUTION 04-06-116 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on February 9, 2004, plans and specifications for County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the city council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: Such plans and specifications, a copy of which are attached hereto and made a part City Council 06-28-04 hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00.m. on the 30th day of July, 2004, 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 August 9, 2004. RESOLUTION 04-06-117 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08. 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. FURTHER, the clerk and city engineer shall, upon completion of such proposed assessment notify the council thereof. Seconded by CouncilmemberMonahan-Junek Ayes -All 2. English Street Improvements, Frost to Cope, Project 01-14 — Approve Settlement Agreement with William Diesslin, 2115 English Street Assistant City Manager Coleman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to approve the settlement agreement with William Diesslin, 2115 English Street, in the amount of $7,486.00 and to authorize payment from the Legal Program of the General Fund (101-103-4970 Seconded by Councilmember Monahan-Junek Ayes -All Kennard Street Improvements, Beam to County Road D, Project 03-04 — Approve Engineering Agreement for Streetlight Study and Authorize Project Funds Assistant City Manager Coleman presented the staff report. b. City Engineer AN presented specifics from the report. City Council 06-28-04 10 Councilmember Juenemann moved to authorize the City Engineer to enter into a work order agreement with Kimley-Horn Associates in the amount of $29,700 for preparation of the street lightingproposal for the Legacy Village Project and the Master Lighting Plan. Seconded by Councilmember Koppen Ayes -All 4. Trunk Highway 61 Improvements, Beam to I-694, Project 03-07 — Resolution Authorizing Preparation of Preliminary Report and Approving Agreement with Kline Volvo Assistant City Manager Coleman presented the staff report. City Engineer AN presented specifics from the report. Councilmember Koppen moved to table until the July 12, City Council M Seconded by Councilmember Juenemann Ayes -All White Bear Avenue Improvements, Radatz to Buerkle Road, Project 02 -21 --Authorize Funding for Engineering Expenditures Assistant City Manager Coleman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Rossbach moved to adopt the following resolution approving a motion authorizing a budget increase of $150,000 as part of the joint project with Ramsey County for the White Bear Avenue Improvements between Radatz and Buerkle Road, Project 02-21: Seconded by Councilmember Koppen Ayes -All L. VISITOR PRESENTATIONS Diana Longrie-Kline-1771 Burr Street -commented on the recent Channel 15 Suburban Cable Committee meeting regarding the code of ethics for journalists. M. COUNCIL PRESENTATIONS 1. 800 MHz -A public hearing for 800 MHz is scheduled for the July 12, 2004 City Council Meeting. 2. National Night Out -Mayor Cardinal commended everyone for doing so well with National Night Out last year, and encouraged all to participate on August 3rd 3. Historical Commission -Discussion was held regarding the interview and appointment process for the Historical Commission. 4. South Leg Group-Councilmember Rossbach noted that 42 residents attended the last South Leg Group Meeting and that there will not be a July meeting of the group. 5. Commissioner Policy -Staff was directed to create a policy and procedure manual for commission members. City Council 06-28-04 11 N. ADMINISTRATIVE PRESENTATIONS 1. White Bear Business Association -Discussion was held regarding councils' participation in the parade. 2. City Engineer AN gave a brief update on the I-494 project. This item will be on the next agenda. O. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 8:58p.m. Seconded by Councilmember Koppen Ayes - All City Council 06-28-04 12 06/28/04 MON 12:02 FAX 12100 Singletree Lane, Suite 100 Eden Prairie, MN 56344-7933 952-745-1200 Fax 952-746-1201 r iY-�/vh C/J L 1-412 ,Harffor r o To: Melinda Coleman From: Frank A. Janes Fax. (651) 249-2059 Pages: 0 plus cover sheet Phone: We: June 28, 2004 Re: Legacy Village at Maplewood CC: Terry Matula (9.52) 944-3437 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Melinda, Per our telephone conversation earlier today, 1 wish to conf un that we, along with Town & Country Homes, will be continuing the preliminary plat approval and PUD revision approval request to July 26"'. Town +& Country will be modifying its approval request to encompass the portion of the site cast of Kennard Street only. Thank you for your assiatance. Frank A. Janes General Counsel Hartford Croup, Inc. 12.100 Singletree Lane, Suite 120 Eden Prairie, MN 55344 Direct Dial: (952) 746-1211 Fax: (952) 746-1201 Email: fjanes a,hartford rp_com 22'w4y4l'T /tt ee-, -I _ , Interstate 94 Improvements McKnight Road to Century Avenue June 28, 2004 In preparation for a public meeting on July 12th, please review the following situation: • MnDOT is requesting Municipal Consent from Maplewood to construct / add a third lane in each direction on I-94 between McKnight and Century. Project cost is estimated at $40 million. No cost to Maplewood: • Two homes on the south side of I- 94 likely will exceed the evening noise standard. The neighborhood has organized on this issue. • MnDOT rules do not provide noise walls in these type of circumstances. This is based on a cost-effective analysis that provides for prioritization of noise wall construction. o MnDOT perspective: If MnDOT were to construct noise walls for this type of situation; they would set a precedent for walls in 500+ locations at a cost that greatly exceeds $200 million. • If Maplewood City Council were to deny Municipal Consent on this project over the noise wall issue, the entire regional project would be delayed from 2004 — 05 construction. The delay would need to be 3-5 years to avoid conflict with Unweave the Weave. • If Maplewood agrees to pay the wall construction cost of $200,000, Maplewood would set a precedent for similar locations in our City that could approach a cost of $5 million. • Maplewood alternatives to be considered on July 12th: o Withhold Municipal Consent and delay the 1-94 Improvements o Approve the project with contingencies: ■ Agree to MnDOT proposal for berming and plantings ■ Provide for a used noise wall o Approve the project with further study on a possible noise wall to be constructed as part of a City improvement project with: ■ Assessments for a portion or all of the wall cost to the properties that may benefit from the wall construction. ■ The City would hold a hearing once costs are developed. Page 1 of 6 Bob & Sharon Cardinal U�/� `�LLCi. C����i Ag From: g-I-behm [behm303O@bitstream.net] 6XI Sent: Monday, June 28, 2004 5:01 PM To: Robert Cardinal [ // Subject: Historical Commission Appointments These are the e-mails to & from Melinda about the applications & appointment process - in reverse order, of course: This is pretty lengthly, but hope it serves the purpose. Lois Behm ----- Original Message ----- From: -I-behm To: Melinda Coleman Sent: Wednesday, June 16, 2004 10:51 PM Subject: Re: update please Hi, Melinda - I guess I misunderstood the policy - I thought the Council would contact the applicants, set up individual interviews at their convenience and invite a Commission member to participate, make their decision following the interviews, then make the appointment at a Council meeting, rather than interviewing them at a Council Meeting. Apparently that was incorrect. Three of the candidates, (Richard Currie, Fran Rongstad and Lu Aurelius) have been interviewed at a Commission meeting. The fourth candidate, (Robert Creager) has not yet attended a meeting, but I talked with him at length on the phone about the Commission's purpose and his interest and relayed that information to the remaining three commissioners. We agree that all four candidates are acceptable to us, as indicated in the note I sent with Lu's application. We are hoping the appointments will be made soon as it has been very difficult for us with only three members. I have not talked with the Commissioners about availability for the July 26 Council meeting, but I'm sure someone could be available then or whenever the Council wants to conduct the interviews. I will be out of town from tomorrow morning thru Monday evening (17 - 24) and again July 8 - 12 for sure. There may be some other 1- or 2 -day outings, but nothing definite at this point. If you need to contact a commissioner before Tuesday, their phone numbers are: George Rossbach (who has been acting as Chair since Bob Overby's departure) 484-3081; Gordon Heininger 772-2300; and Edna Ledo 739-0405. I will plan to contact you on Tuesday. Lois ----- Original Message ----- From: Melinda Coleman To: behm303Oabitstream.net Sent: Tuesday, June 15, 2004 2:07 PM Subject: update please Hi Lois, would you please let me know when you would like to have the city council interview HP candidates. The next available agenda for them is July 26th. thanks,mc Melinda Coleman Assistant City Manager City of Maplewood 1830 County Road B East Maplewood, MN 55109 6/28/2004 Page 2 of 6 Direct 651-249-2052 Fax 651-249-2059 ----- Original Message ----- From: Melinda Coleman To: -Ig behm Sent: Monday, April 19, 2004 2:26 PM Subject: RE: new appointment HI again, I asked Andrea to make copies for you and put them in your mail box. Mr. Creager stopped in today and asked what the status was so it seems he is still interested. The new council has changed their appointment process. they now interview all the applicants and make the appointments. a representative from the commission sits in on the interview and can prepare questions for the council to use. I will forward you a copy of the new policy. let me know when you think you have enough candidates and I can schedule the interviews for you. me -----Original Message ----- From: g-I-behm [mailto:behm303O@bitstream.net] Sent: Monday, April 19, 2004 1:28 PM To: Melinda Coleman Subject: Re: new appointment Hi Melinda - The only application the Commission has seen is the one from Richard Currie. He has been a Society member for several years and we are familiar with his interest in historic preservation. Richard lives in the western part of Maplewood, and we need another representative from there (since Carolyn Peterson who previously lived west of 35E moved, then chose not to be re- appointed. He attended a previous Commission meeting and we would like to have him appointed. I was told there are two other applicants - Fran Rongstad (who recently joined the Society) and a Mr. Creager (I don't have his first name or telephone number), but they have not been forwarded to me. Fran has been invited to the Commission meeting Thursday (Apr. 22) and if we would like to invite Mr. Creager if you could give me his first name and phone number. I think Mr. Creager lives in southern Maplewood, which would be ideal for purposes of balance. There is apparently some confusion on our part as the Commission members were under the impression that the Council wanted to review the applications before they were given to us. Don Wiegert very recently decided that he did not want to continue on the Commission - I think for health reasons, but he did not say that. This leaves us with 4 vacancies, so if we have 3 people who are interested in historic preservation and willing to be Commission members, we will probably want them all and will continue looking for one more. There was another person who had indicated an interest, but has changed her mind, so we will continue looking. Let me know about the applications - If you could leave them at the reception desk I could pick them up late this afternoon and mail copies to the three remaining Commissioners for review before Thursday's meeting, and call Mr. Creager to invite him to join us. Lois ----- Original Message ----- From: Melinda Coleman To: behm3030@bitstream.net Sent: Monday, April 19, 2004 11:50 AM Subject: new appointment Hi Lois, just wanted to check in with you on the new appointment process. city council would like 6/28/2004 to interview your candidates. where are you in this process?? me Melinda Coleman Assistant City Manager City of Maplewood 1830 County Road B East Maplewood, MN 55109 Direct 651-249-2052 Fax 651-249-2059 ----- Original Message ----- From:-Ig behm To: Melinda Coleman Sent: Monday, March 01, 2004 5:19 PM Subject: Commission Vacancies My apologies for the delay in responding with the information you need. I had a serious convergence of urgent family and volunteer responsibilities on top of a sinus situation and things have gotten a little out of hand. The following is what I have put together for a newspaper ad/web page announcement - I will also send it to Andrea Sindt but would like you to review the wording since I'm sure you have far more experience with these matters than I do. I'm not sure if it should request the applications be sent to the City (as the other commissions do) or directly to me to distribute to the (remaining) commission members. If applicants should contact me directly, I'm ok with having my name & phone number listed in the ad. I have received 2 calls today as a result of mentioning the openings in the Historical Society item in the March City Newsletter. Also, could a description of the Historical Preservation Commission be included on the web page which describes the other 6 commissions and added to the commission application .pdf? Here is what I suggest for the ad: The City of Maplewood is seeking volunteers to serve on the Maplewood Historical Preservation Commission. Residents willing to serve on this commission would have an interest in history, historical preservation and neighborhood character as well as land use, economic development and redevelopment issues. Previous experience in any of these areas is helpful, but not required. The Maplewood Historical Preservation Commission is a seven -member advisory committee to the City Council. Their duties are to identify historic and/or significant structures and sites in Maplewood and advise the Council and city staff of their value with regard to preserving Maplewood's history and the unique character of its neighborhoods. The commission meets at 7:00 p.m. on the 3rd Thursday of each month except December. For additional information or to obtain an application contact - - - - - -. Let me know if there is any other information you need Thanks - Lois ----- Original Message ----- From: Melinda Coleman To: behm3030Cc_bitstream.net Sent: Wednesday, February 25, 2004 11:41 AM Subject: vacancy 6/28/2004 Page 3 of 6 i Lois, Andrea reminded me this morning that we never received the info from )u regarding a description of the HPC that we can put on the web page and eview. Could you get that to us. once we receive this we will get out the )propriate notices in the right places. thanks,mc ----- Original Message ----- From: Melinda Coleman To: -Ig behm Cc: Andrea Sindt Sent: Wednesday, January 28, 2004 11:18 AM Subject: RE: Historic Preservation Commission Vacancies Lois, in order for us to place an ad in the Maplewood Review, I need you to write a description of what you are looking for and what the ad should say. Please forward that information to and rea. sindt(a)ci. maplewood. mn. us she will then put it on the web page and run the ad. thank you.mc -----Original Message ----- From: g-I-behm [mailto:behm303O@bitstream.net] Sent: Tuesday, January 20, 2004 11:55 AM To: Melinda Coleman Subject: Re: Historic Preservation Commission Vacancies Hello again - I just downloaded the application form - I noticed the Historic Preservation Commission is not listed on the form - probably because we haven't needed to advertise to fill vacancies before now. If it's OK I will just modify the form to include MHPC and change the line about where to mail them in this instance. I forgot to give you my address, etc. when I said the applications could be sent to me, in case you don't: have it handy: Lois N. Behm 3030 N. Bartelmy Maplewood, MN 55109 651-770-8941 --- Original Message ----- rom: Melinda Coleman o: g-I-behm ent: Tuesday, January 20, 2004 11:36 AM ubject: RE: Historic Preservation Commission Vacancies application is actually on our web page so you can load it from there. I will ask for an ad to put on the web e. do you have a brief description I could use. me -----Original Message ----- From: g-I-behm [mailto:behm303O@bitstream.net] Sent: Tuesday, January 20, 2004 11:20 AM To: Melinda Coleman 6/28/2004 Page 4 of 6 Subject: Re: Historic Preservation Commission Vacancies Hi Melinda - Is my memory correct that the normal process is for the Commission to screen the applicants and make recommendations to the Council for appointment? If so, I suppose the simplest thing to do would have them sent to me since Bob Overby, who is currently the Commission Chair, will be moving out of Maplewood the end of February. I could then make copies for the 4 remaining Commissioners to review so and we could then have them come to a meeting and/or set up an interview schedule. Can a request for applicants be placed on the City website and included in the Cable announcements? If that could be done we could possibly get some earlier responses and maybe fill the vacancies a little sooner. Is there a time factor in how long the request has to be out there before appointments are made like there is for public notices? Final question (for now): Is there a generic application form for commissions we could send to people who inquire about the Commission? If there is, would you mail a copy tome? Thanks again for your help - Lois --- Original Message ----- rom: Melinda Coleman o: g-1-behm ent: Tuesday, January 20, 2004 10:50 AM ubject: RE: Historic Preservation Commission acancies missed the deadline for the Feb. newsletter. I I have something put in for March. where do you nt the applications sent? me -----Original Message ----- From: g-I-behm [mailto: behm303O@bitstream.net] Sent: Sunday, January 18, 2004 6:47 PM To: Melinda Coleman Subject: Historic Preservation Commission Vacancies Hi Melinda - I talked with Bob Overby about the criteria for Commission applicants. The basic criteria follow, and if anyone wants additional information they could call Bob (after 5:30) at home: 651-776-0111. 1 am guessing there is a standard format for Commission vacancy notices that the criteria could be fit into for 6/28/2004 Page 5 of 6 the website, City Newsletter and the Maplewood Review. The basic criteria: Interest in history, historic preservation, neighborhood character, land use issues and economic development and redevelopment. Previous experience in any of these areas is helpful but not required. Thanks for your help. Lois 6/28/2004 Page 6 of 6 06/28/04 MON 12:02 FAX 12100 Singletree Lane, Suite 100 Eden Prairie, MN 56344-7933 952-745-1200 Fax 952-746-1201 r iY-�/vh C/J L 1-412 ,Harffor r o To: Melinda Coleman From: Frank A. Janes Fax. (651) 249-2059 Pages: 0 plus cover sheet Phone: We: June 28, 2004 Re: Legacy Village at Maplewood CC: Terry Matula (9.52) 944-3437 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Melinda, Per our telephone conversation earlier today, 1 wish to conf un that we, along with Town & Country Homes, will be continuing the preliminary plat approval and PUD revision approval request to July 26"'. Town +& Country will be modifying its approval request to encompass the portion of the site cast of Kennard Street only. Thank you for your assiatance. Frank A. Janes General Counsel Hartford Croup, Inc. 12.100 Singletree Lane, Suite 120 Eden Prairie, MN 55344 Direct Dial: (952) 746-1211 Fax: (952) 746-1201 Email: fjanes a,hartford rp_com 22'w4y4l'T /tt ee-, -I _ , Interstate 94 Improvements McKnight Road to Century Avenue June 28, 2004 In preparation for a public meeting on July 12th, please review the following situation: • MnDOT is requesting Municipal Consent from Maplewood to construct / add a third lane in each direction on I-94 between McKnight and Century. Project cost is estimated at $40 million. No cost to Maplewood: • Two homes on the south side of I- 94 likely will exceed the evening noise standard. The neighborhood has organized on this issue. • MnDOT rules do not provide noise walls in these type of circumstances. This is based on a cost-effective analysis that provides for prioritization of noise wall construction. o MnDOT perspective: If MnDOT were to construct noise walls for this type of situation; they would set a precedent for walls in 500+ locations at a cost that greatly exceeds $200 million. • If Maplewood City Council were to deny Municipal Consent on this project over the noise wall issue, the entire regional project would be delayed from 2004 — 05 construction. The delay would need to be 3-5 years to avoid conflict with Unweave the Weave. • If Maplewood agrees to pay the wall construction cost of $200,000, Maplewood would set a precedent for similar locations in our City that could approach a cost of $5 million. • Maplewood alternatives to be considered on July 12th: o Withhold Municipal Consent and delay the 1-94 Improvements o Approve the project with contingencies: ■ Agree to MnDOT proposal for berming and plantings ■ Provide for a used noise wall o Approve the project with further study on a possible noise wall to be constructed as part of a City improvement project with: ■ Assessments for a portion or all of the wall cost to the properties that may benefit from the wall construction. ■ The City would hold a hearing once costs are developed. Page 1 of 6 Bob & Sharon Cardinal U�/� `�LLCi. C����i Ag From: g-I-behm [behm303O@bitstream.net] 6XI Sent: Monday, June 28, 2004 5:01 PM To: Robert Cardinal [ // Subject: Historical Commission Appointments These are the e-mails to & from Melinda about the applications & appointment process - in reverse order, of course: This is pretty lengthly, but hope it serves the purpose. Lois Behm ----- Original Message ----- From: -I-behm To: Melinda Coleman Sent: Wednesday, June 16, 2004 10:51 PM Subject: Re: update please Hi, Melinda - I guess I misunderstood the policy - I thought the Council would contact the applicants, set up individual interviews at their convenience and invite a Commission member to participate, make their decision following the interviews, then make the appointment at a Council meeting, rather than interviewing them at a Council Meeting. Apparently that was incorrect. Three of the candidates, (Richard Currie, Fran Rongstad and Lu Aurelius) have been interviewed at a Commission meeting. The fourth candidate, (Robert Creager) has not yet attended a meeting, but I talked with him at length on the phone about the Commission's purpose and his interest and relayed that information to the remaining three commissioners. We agree that all four candidates are acceptable to us, as indicated in the note I sent with Lu's application. We are hoping the appointments will be made soon as it has been very difficult for us with only three members. I have not talked with the Commissioners about availability for the July 26 Council meeting, but I'm sure someone could be available then or whenever the Council wants to conduct the interviews. I will be out of town from tomorrow morning thru Monday evening (17 - 24) and again July 8 - 12 for sure. There may be some other 1- or 2 -day outings, but nothing definite at this point. If you need to contact a commissioner before Tuesday, their phone numbers are: George Rossbach (who has been acting as Chair since Bob Overby's departure) 484-3081; Gordon Heininger 772-2300; and Edna Ledo 739-0405. I will plan to contact you on Tuesday. Lois ----- Original Message ----- From: Melinda Coleman To: behm303Oabitstream.net Sent: Tuesday, June 15, 2004 2:07 PM Subject: update please Hi Lois, would you please let me know when you would like to have the city council interview HP candidates. The next available agenda for them is July 26th. thanks,mc Melinda Coleman Assistant City Manager City of Maplewood 1830 County Road B East Maplewood, MN 55109 6/28/2004 Page 2 of 6 Direct 651-249-2052 Fax 651-249-2059 ----- Original Message ----- From: Melinda Coleman To: -Ig behm Sent: Monday, April 19, 2004 2:26 PM Subject: RE: new appointment HI again, I asked Andrea to make copies for you and put them in your mail box. Mr. Creager stopped in today and asked what the status was so it seems he is still interested. The new council has changed their appointment process. they now interview all the applicants and make the appointments. a representative from the commission sits in on the interview and can prepare questions for the council to use. I will forward you a copy of the new policy. let me know when you think you have enough candidates and I can schedule the interviews for you. me -----Original Message ----- From: g-I-behm [mailto:behm303O@bitstream.net] Sent: Monday, April 19, 2004 1:28 PM To: Melinda Coleman Subject: Re: new appointment Hi Melinda - The only application the Commission has seen is the one from Richard Currie. He has been a Society member for several years and we are familiar with his interest in historic preservation. Richard lives in the western part of Maplewood, and we need another representative from there (since Carolyn Peterson who previously lived west of 35E moved, then chose not to be re- appointed. He attended a previous Commission meeting and we would like to have him appointed. I was told there are two other applicants - Fran Rongstad (who recently joined the Society) and a Mr. Creager (I don't have his first name or telephone number), but they have not been forwarded to me. Fran has been invited to the Commission meeting Thursday (Apr. 22) and if we would like to invite Mr. Creager if you could give me his first name and phone number. I think Mr. Creager lives in southern Maplewood, which would be ideal for purposes of balance. There is apparently some confusion on our part as the Commission members were under the impression that the Council wanted to review the applications before they were given to us. Don Wiegert very recently decided that he did not want to continue on the Commission - I think for health reasons, but he did not say that. This leaves us with 4 vacancies, so if we have 3 people who are interested in historic preservation and willing to be Commission members, we will probably want them all and will continue looking for one more. There was another person who had indicated an interest, but has changed her mind, so we will continue looking. Let me know about the applications - If you could leave them at the reception desk I could pick them up late this afternoon and mail copies to the three remaining Commissioners for review before Thursday's meeting, and call Mr. Creager to invite him to join us. Lois ----- Original Message ----- From: Melinda Coleman To: behm3030@bitstream.net Sent: Monday, April 19, 2004 11:50 AM Subject: new appointment Hi Lois, just wanted to check in with you on the new appointment process. city council would like 6/28/2004 to interview your candidates. where are you in this process?? me Melinda Coleman Assistant City Manager City of Maplewood 1830 County Road B East Maplewood, MN 55109 Direct 651-249-2052 Fax 651-249-2059 ----- Original Message ----- From:-Ig behm To: Melinda Coleman Sent: Monday, March 01, 2004 5:19 PM Subject: Commission Vacancies My apologies for the delay in responding with the information you need. I had a serious convergence of urgent family and volunteer responsibilities on top of a sinus situation and things have gotten a little out of hand. The following is what I have put together for a newspaper ad/web page announcement - I will also send it to Andrea Sindt but would like you to review the wording since I'm sure you have far more experience with these matters than I do. I'm not sure if it should request the applications be sent to the City (as the other commissions do) or directly to me to distribute to the (remaining) commission members. If applicants should contact me directly, I'm ok with having my name & phone number listed in the ad. I have received 2 calls today as a result of mentioning the openings in the Historical Society item in the March City Newsletter. Also, could a description of the Historical Preservation Commission be included on the web page which describes the other 6 commissions and added to the commission application .pdf? Here is what I suggest for the ad: The City of Maplewood is seeking volunteers to serve on the Maplewood Historical Preservation Commission. Residents willing to serve on this commission would have an interest in history, historical preservation and neighborhood character as well as land use, economic development and redevelopment issues. Previous experience in any of these areas is helpful, but not required. The Maplewood Historical Preservation Commission is a seven -member advisory committee to the City Council. Their duties are to identify historic and/or significant structures and sites in Maplewood and advise the Council and city staff of their value with regard to preserving Maplewood's history and the unique character of its neighborhoods. The commission meets at 7:00 p.m. on the 3rd Thursday of each month except December. For additional information or to obtain an application contact - - - - - -. Let me know if there is any other information you need Thanks - Lois ----- Original Message ----- From: Melinda Coleman To: behm3030Cc_bitstream.net Sent: Wednesday, February 25, 2004 11:41 AM Subject: vacancy 6/28/2004 Page 3 of 6 i Lois, Andrea reminded me this morning that we never received the info from )u regarding a description of the HPC that we can put on the web page and eview. Could you get that to us. once we receive this we will get out the )propriate notices in the right places. thanks,mc ----- Original Message ----- From: Melinda Coleman To: -Ig behm Cc: Andrea Sindt Sent: Wednesday, January 28, 2004 11:18 AM Subject: RE: Historic Preservation Commission Vacancies Lois, in order for us to place an ad in the Maplewood Review, I need you to write a description of what you are looking for and what the ad should say. Please forward that information to and rea. sindt(a)ci. maplewood. mn. us she will then put it on the web page and run the ad. thank you.mc -----Original Message ----- From: g-I-behm [mailto:behm303O@bitstream.net] Sent: Tuesday, January 20, 2004 11:55 AM To: Melinda Coleman Subject: Re: Historic Preservation Commission Vacancies Hello again - I just downloaded the application form - I noticed the Historic Preservation Commission is not listed on the form - probably because we haven't needed to advertise to fill vacancies before now. If it's OK I will just modify the form to include MHPC and change the line about where to mail them in this instance. I forgot to give you my address, etc. when I said the applications could be sent to me, in case you don't: have it handy: Lois N. Behm 3030 N. Bartelmy Maplewood, MN 55109 651-770-8941 --- Original Message ----- rom: Melinda Coleman o: g-I-behm ent: Tuesday, January 20, 2004 11:36 AM ubject: RE: Historic Preservation Commission Vacancies application is actually on our web page so you can load it from there. I will ask for an ad to put on the web e. do you have a brief description I could use. me -----Original Message ----- From: g-I-behm [mailto:behm303O@bitstream.net] Sent: Tuesday, January 20, 2004 11:20 AM To: Melinda Coleman 6/28/2004 Page 4 of 6 Subject: Re: Historic Preservation Commission Vacancies Hi Melinda - Is my memory correct that the normal process is for the Commission to screen the applicants and make recommendations to the Council for appointment? If so, I suppose the simplest thing to do would have them sent to me since Bob Overby, who is currently the Commission Chair, will be moving out of Maplewood the end of February. I could then make copies for the 4 remaining Commissioners to review so and we could then have them come to a meeting and/or set up an interview schedule. Can a request for applicants be placed on the City website and included in the Cable announcements? If that could be done we could possibly get some earlier responses and maybe fill the vacancies a little sooner. Is there a time factor in how long the request has to be out there before appointments are made like there is for public notices? Final question (for now): Is there a generic application form for commissions we could send to people who inquire about the Commission? If there is, would you mail a copy tome? Thanks again for your help - Lois --- Original Message ----- rom: Melinda Coleman o: g-1-behm ent: Tuesday, January 20, 2004 10:50 AM ubject: RE: Historic Preservation Commission acancies missed the deadline for the Feb. newsletter. I I have something put in for March. where do you nt the applications sent? me -----Original Message ----- From: g-I-behm [mailto: behm303O@bitstream.net] Sent: Sunday, January 18, 2004 6:47 PM To: Melinda Coleman Subject: Historic Preservation Commission Vacancies Hi Melinda - I talked with Bob Overby about the criteria for Commission applicants. The basic criteria follow, and if anyone wants additional information they could call Bob (after 5:30) at home: 651-776-0111. 1 am guessing there is a standard format for Commission vacancy notices that the criteria could be fit into for 6/28/2004 Page 5 of 6 the website, City Newsletter and the Maplewood Review. The basic criteria: Interest in history, historic preservation, neighborhood character, land use issues and economic development and redevelopment. Previous experience in any of these areas is helpful but not required. Thanks for your help. Lois 6/28/2004 Page 6 of 6