HomeMy WebLinkAbout06-10-2002MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, June 10, 2002
Council Chambers, Municipal Building
Meeting No. 02-12
A. 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 7:00 P.M. by Mayor Cardinal.
B. PLEDGE OF ALLEGIANCE
Gethsemane Boy Scouts led the Pledge of Allegiance.
C. ROLL CALL
Robert Cardinal, Mayor Present
Kenneth V. Collins, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
D. APPROVAL OF MINUTES
1. Minutes from CounciUManager Workshop May 20, 2002
Councilmember Juenemann moved to approve the Council/Manager Workshop Minutes of Ma~20
2002, as presented.
Seconded by Councilmember Collins Ayes-All
2. Minutes from City Council Meeting 02-10, May 20, 2002
Councilmember Wasiluk moved to approve the City Council Minutes of May 20, 2002, meeting No.
02-10 as presented.
Seconded by Councilmember Collins Ayes-All
3. Minutes from Council Manager Workshop May 28, 2002
Councilmember Juenemann moved to approve the Council Workshop Minutes of May 28, 2002, as
presented.
Seconded by Councilmember Koppen Ayes-All
4. City Council Minutes from May 28, 2002, Meeting No. 02-11
Councilmember Wasiluk moved to approve the City Council Minutes of May 28. 2002, meeting No.
02-11 as amended.
City Council Meeting 06-10-02
Seconded by Councilmember Juenemann
E. APPROVAL OF AGENDA
M 1. Frost and English
M2. Technical Training to Cable Cast
Meetings
M3. Charitable Gambling
M4. Fire Relief Association
Ayes-All
M5. NEST
M6. Ramsey County Meeting
J6. Kline Nissan Site
K10. Suzanne Cuisine
K11. 5-8 Tavern and Grill
Councilmember Wasiluk moved to approve the Agenda as amended.
Seconded by Councilmember Koppen Ayes-All
F. APPOINTMENTS/PRESENTATIONS
None
G. CONSENT AGENDA
Councilmember Wasiluk moved to approve the Consent Agenda Items 1-5 and 9 as presented.
Seconded by Councilmember Koppen
Ayes-All
Councilmember Wasiluk moved to approve the Consent Agenda Items 8 as presented.
Seconded by Councilmember Collins
1. Approval of Claims
ACCOUNTS
PAYABLE
$283.67 Check #57829 dated 5/23/02
Ayes-Mayor Cardinal, Councilmember
Collins, Wasiluk and Juenemann
Abstain-Councilmember Koppen
$91,003.70 Checks #57830 thru #57877 dated 5/28/02
$88,116.89 Disbursements via debits to checking account
dated 5/17 thru 5/24/02
$31,103.44 Checks #57878 thru #57884 dated 5/28/02
$381,501.77 Checks #57885 thru #57932 dated 6/4/02
$201,358.66 Disbursements via debits to checking account
dated 5/23 thru 5/31/02
$793,368.13 Total Accounts Payable
City Council Meeting 06-10-02
2
PAYROLL
$369,005.54 Payroll Checks and Direct Deposits dated
5/24/02
$47,829.47 Payroll Deduction checks #89122 thru #89127
dated 5/24/02
$416,835.01 Total Payroll
$1,210,203.14 GRAND TOTAL
2. Document Management System Purchase
Approved the purchase of a Laser fiche product through Crabtree Companies of Eagan for
$48,908.59 and will be funded through the data processing fund.
3. Conditional Use Permit Review-The Gardens PUD (Summer Lane)
Agreed to review the conditional use permit (CUP) for The Gardens development on
Summer Lane again in one year.
4. Parking Reduction Authorization-S. P. Richards Company (2416 Maplewood Drive)
Approved a parking waiver for S.P. Richards, at 2416 Maplewood Drive, to consider the 20
parking spaces for the proposed addition as proof of parking and not be installed with the
addition.
5. Approve Agreement for Employee Safety Training
Adopted a motion approving an agreement with Safe Assure Consultants in the amount of
$2,500 to be funded form the Contingency Fund for the necessary safety compliance program.
6. Moved to New Business--Intoxicating Liquor License Compliance Failure-Maplewood
Community Center (Suzanne's Cuisine)
7. Moved to New Business--Intoxicating Liquor License Compliance Failure-5-8 Tavern and
Grill-2289 Minnehaha Avenue
8. Parade Permit-White Bear Avenue Business Association
Approved the Miscellaneous Permit to conduct a parade for the White Bear Avenue Business
Association.
9. Ban on Sale of Fireworks in City Parks
Banned the sale of fireworks sales at Hazelwood Park on July 4, 2002, with the understanding
City Council Meeting 06-10-02
that this issue will be addressed in an ordinance being prepared by the Fire Chief for future
city events.
H. PUBLIC HEARINGS
1. 7:10 (7:18 P.M.) Lexus Dealership (3000 Maplewood Drive)
A. Conditional Use Permit Revision
B. Design Approval
a. City Manager Fursman presented the report.
b. Assistant Community Development Director Ekstrand presented the specifics of the report.
c. Boardmember Shankar presented the Community Design Review Board
d. Commissioner Fisher presented the Planning Commission report
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Gregg Madsen, Ryan Construction, representing the applicant
Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution approving a revision for an
existing conditional use permit for a maintenance garage at the Lexus dealership at 3000 Highway
61:
RESOLUTION 02-06-103
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Ryan Construction Company of Minnesota, Inc. applied for a revision to a conditional use
permit to expand an existing motor vehicle maintenance garage.
WHEREAS, this permit revision applies to property at 3000 Highway 61. The legal description is:
Tracts D and G, Registered Land Survey No. 525
WHEREAS, the history of this conditional use permit revision is as follows:
1. On May 20, 2002, the planning commission recommended that the city council approve this permit
revision.
2. On June 10, 2002, the city council held a public hearing. The 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 of the
city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use
City Council Meeting 06-10-02
4
permit revision based on the building and site plans. The city approves this 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 run-
off, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and fire
protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the
development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. This shall include the sump pump catch
basin design submitted on February 26, 1996. The director of community development may approve
minor changes.
2. The proposed construction must be substantially started within one year of council approval or the permit
shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The property owner shall agree to accept responsibility for the annual maintenance and upkeep of the
sump catch basins. The owner shall do such maintenance at least once a year and provide city staff with
written documentation about the maintenance tasks that are performed.
5. The dealership shall not store any materials or supplies on the outside of the building, except for what
they store in the dumpster enclosure.
6. Vehicle transports shall not load or unload vehicles on the public right-of--way of Highway 61.
7. The dealership shall only park vehicles on designated paved surfaces.
Councilmember Koppen moved to approve the plans date stamped April 29, 2002 for proposed additions to
City Council Meeting 06-10-02
the Lexus dealership at 3000 Highway 61.
Approval is subject to the following conditions:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Before getting a building permit, the applicant shall provide staff with detailed plans for the dumpster
enclosure. These plans shall show the enclosure with materials matching the materials of the building
and shall be subject to staff approval.
3. The applicant shall complete the following before occupying the building additions:
a. Screen all roof-mounted equipment visible from streets or adjacent property. (code requirement)
b. Construct the trash dumpster enclosure, subject to staff approval. (code requirement)
c. Post any driveways or drive aisles that are less than 28 feet wide for "no-parking." This includes
the driveway on the east side of the building.
d. The contractor or property owner shall clean up the site including the removal of the unused silt
fence and privacy fence sections.
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 city receives a cash escrow or an irrevocable letter of credit for the required work. The
amount shall be 150% of the cost of the unfinished work.
5. This approval does not include the signs. Staff will review any sign changes through the sign permit
process.
6. All work shall follow the approved plans. The director of community development may approve
minor changes.
Seconded by Councilmember Wasiluk Ayes-All
2. 7:20 (7:45 P.M.) Home Occupation License-Sewing Business (2492 Highwood Avenue)
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented the specifics of the report.
o. Commissioner Fisher presented the Planning Commission Report.
e. Mayor Cardinal opened the public hearing, calling for proponents or
opponents. The following persons were heard:
City Council Meeting 06-10-02
6
Jerry Cullen, applicant, 2492 Highwood Avenue, Maplewood
Dave Hafner, 1037 Marie Street, Maplewood
Dean Wohlhuter, 1024 Marie, Maplewood
Tom Selca, 1016 Sterling Street, Maplewood
Dave Klemens, 1048 Marie Street, Maplewood
Orvill Sether, 962 Marnie Street, Maplewood
Will Rossbach, County Road C, Maplewood
Bob Zick, 1880 E. Shore Drive, Maplewood
Dick Schmidt, 2459 Marnie Street, Maplewood
Ed Locher, 1000 Marnie Street, Maplewood
Dave Bjork, 2511 Highwood Ave., Maplewood
Joe Drevnick, "Kitty Corner" to applicant
Mayor Cardinal closed the public hearing.
Councilmember Collins moved to approve the home occupation license for Jerianne Cullen and
Doua Lee of 2492 Highwood Avenue to conduct a sewing shop business from the barn on their
residential propertX
This approval shall be subject to the following conditions:
1. Compliance with all conditions of the city's home occupation ordinance to include that the area of
the home occupation is limited in size to 20 percent of the combined area of the house and barn.
2. Deliveries and customer hours are limited from 8 a.m. to 5 p.m., Monday through Friday.
3. All customer pick-ups and other deliveries are restricted to the garage door located on the west side
of the barn.
4. The applicants must obtain all necessary building permits for the renovation of the barn.
5. At a minimum, the renovation of the barn should to include painting the entire barn one solid color.
6. The renovation of the barn cannot include any additional windows on the south side of the barn,
unless the applicants can prove that no noise associated with the home occupation will be generated
through the windows onto the adjacent residential properties.
The applicants must remove all exterior storage from the south side of the barn.
8. To help screen the barn from the residential property to the south (1016 Sterling Street South) the
applicants must install six, 6-foot high, evergreen trees between the barn and the east property line.
9. Any garbage container associated with the business must be stored in the barn or screened from view
of the adjacent residential properties.
City Council Meeting 06-10-02
7
10. There shall be no more than seven sewing machines located in the barn.
11. The city council will review this home occupation license in one year.
Seconded by Councilmember Juenemann Ayes-All
3. 7:30 (9:26P.M.) Dearborn Meadow (Castle Avenue)
A. Land Use Plan Change-M 1 (Light Manufacturing) to R-2 (single and double dwellings)
B. Zoning Map Change-M 1 (Light Manufacturing) to R-2 (single and double dwellings)
C. Conditional Use Permit for a Planned Unit Development
D. Preliminary Plat
E. Design Approval
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented the specifics of the report.
c. Tom Ekstrand presented the Design Review Board Report.
d. Commissioner Fisher presented the Planning Commission Report.
e. Mayor Cardinal opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Mike Ackerman, owner of property
Bob Zick, 1880 E. Shore Drive, Maplewood
Jim Oswald, 1948 Cope Avenue, Maplewood
Mayor Cardinal closed the public hearing.
Councilmember Collins moved to approve the following resolution that changes the land use plan for
the Dearborn Meadow plat and two adjacent properties on the south side of Castle Avenue, north of
Cope Avenue. This change is from M-1 (light manufacturing) to R-2 (single and double dwellings):
RESOLUTION 02-06-104
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Mike Ackerman and Maplewood city staff proposed a change to the city's land use plan from
M-1 (light manufacturing) to R-2 (single and double dwellings).
WHEREAS, this change applies to:
1. Lots 16 and 17, Block 6, Lots 27, 28, 29 and the east half of Lot 26, Block 7, Lots 1, 2, and 3, Block
10, Lots 14 and 15, Block 11, all in Dearborn Park, together with adjacent alleys and streets, in Section
11, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Lots 1-10 of
the proposed Dearborn Meadow)
2. Lots 18 through 22, Block 6, Lots 9 through 13, Block 11, all in Dearborn Park, together with adjacent
City Council Meeting 06-10-02
alleys and streets, in Section 11, Township 29, Range 22, Ramsey County, MN.
3. Lot 4 and the east half of Lot 5, Block 7, all in Dearborn Park, in Section 11, Township 29, Range 22,
Ramsey County, Minnesota.
WHEREAS, the history of this change is as follows:
1. On May 20, 2002, 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 June 10, 2002, 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:
L It would be consistent with the goals and objectives of the comprehensive plan.
2. This area would eliminate the planned commercial area that would have been between two residential
areas.
3. This site is proper for and consistent with the city's policies for medium-density residential use. This
includes:
a. Creating a transitional land use between the existing low-density residential and commercial land
uses.
b. It is on a collector street and is near an arterial street.
c. Minimizing any adverse effects on surrounding properties because there would be no traffic from
this development on existing residential streets.
4. It would be consistent with the proposed zoning and land uses.
Seconded by Councilmember Koppen Ayes-All
Councilmember Collins moved to approve the following resolution that changes the zoning map for
Dearborn Meadow plat and two adjacent properties on the south side of Castle Avenue, north of
Cope Avenue:
RESOLUTION 02-06-105
RESOLUTION: ZONING MAP CHANGE
WHEREAS, Mike Ackerman proposed a change to the zoning map from M-1 (light manufacturing) to R-
2 (single and double dwellings).
WHEREAS, Maplewood city staff proposed a change to the zoning map from M-1 (light manufacturing)
to R-2 (single and double dwellings) for two undeveloped parcels adjacentto the proposed development.
City Council Meeting 06-10-02
9
WHEREAS, these changes apply to the undeveloped property on the south side of Castle Avenue, north
of Cope Avenue.
WHEREAS, the legal description of these properties are:
1. Lots 16 and 17, Block 6, Lots 27, 28, 29 and the east half of Lot 26, Block 7, Lots 1, 2, and 3, Block
10, Lots 14 and 15, Block 11, all in Dearborn Park, together with adjacent alleys and streets, in Section
11, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Dearborn
Meadow)
2. Lots 18 through 22, Block 6, Lots 9 through 13, Block 11, all in Dearborn Park, together with adjacent
alleys and streets, in Section 11, Township 29, Range 22, Ramsey County.
3. Lot 4 and the east half of Lot 5, Block 7, all in Dearborn Park, in Section 11, Township 29, Range 22,
Ramsey County, Minnesota.
WHEREAS, the history of this change is as follows:
1. On May 20, 2002, the planning commission recommended that the city council approve this change.
2. On June 10, 2002, the city council held a public hearing. The city staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners. The council gave everyone at
the hearing an opportunity 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 change in the
zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the zoning code.
2. The proposed change will not substantially injure or detract from the use of neighboring property or
from the character of the neighborhood, and that the use of the property adjacent to the area included in
the proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the community, where
applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical, efficient, and economical
extension of public services and facilities, such as public water, sewers, police and fire protection and
schools.
5. The owner plans to develop this property for single and double dwellings.
Seconded by Councilmember Koppen Ayes-All
Councilmember Koppen moved to approve the following resolution approving a conditional use
permit for a planned unit development for the Dearborn Meadow Development on the south side of
Castle Avenue:
City Council Meeting 06-10-02
10
RESOLUTION 02-06-106
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mr. Mike Ackerman, representing Ackerman Construction Company, applied for a
conditional use permit (CUP) for the Dearborn Meadow residential planned unit development (PUD).
WHEREAS, this permit applies to the Dearborn Meadow development plan the city received on April 24,
2002. The legal description is:
Lots 16 and 17, Block 6, Lots 27, 28, 29 and the east half of Lot 26, Block 7, Lots 1, 2, and 3, Block
10, Lots 14 and 15, Block 11, all in Dearborn Park, together with adjacent alleys and streets, in Section
11, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Lots 1-9 of the
proposed Dearborn Meadow)
WHEREAS, the history of this conditional use permit is as follows:
1. On May 20, 2002, the planning commission recommended that the city council approve this
permit.
2. On June 10, 2002, the city council held a public hearing. The 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 of 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 run-off, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic features
into the development design.
City Council Meeting 06-10-02
11
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans approved by the city. The city council may approve major
changes to the plans. The Director of Community Development may approve minor changes to the
plans. Such changes shall include:
a. Revising the grading and site plans to show:
(1) The developer minimizing the loss or removal of natural vegetation.
(2) All driveways at least 20 feet wide. If the developer wants to have parking on one side
of the main drive (Castle Place), then it must be at least 28 feet wide.
(3) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet.
2. The proposed construction must be substantially started within one year of council approval or the
permit shall end. The council may extend this deadline for one year.
3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the
conditions and changes noted in the engineer's memo dated May 14, 2002.
4. The approved setbacks for the principal structures in the Dearborn Meadow PUD shall be:
a. Front-yard setback (from a public street or a private driveway): minimum - 30 feet, maximum -
35feet
b. Front-yard setback (public side street): minimum - 30 feet, maximum - 35 feet
c. Rear-yard setback: 30 feet from any adjacent residential property line
d. Side-yard setback (town houses): minimum - 20 feet from a property line and 20 feet
minimum between buildings.
5. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the
time of the building permit for each housing unit.
6. The city council shall review this permit in one year.
Seconded by Councilmember Wasiluk Ayes-All
Councilmember Koppen moved to approve the preliminary~lat for Dearborn Meadow:
The developer shall complete the following before the city council approves the final plat:
1. Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage, complete all public improvements and meet all
city requirements.
City Council Meeting 06-10-02
12
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Pay the city for the cost oftraffic-control, street identification and no-parking signs.
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. Cap and seal any wells on site.
£ Have Xcel Energy install a street light at the intersection of Castle Avenue and the proposed
private driveway (Castle Place). The exact location and type of light shall be subject to the city
engineer's approval.
g. Install permanent signs around the edge of the wetland buffer easement. These signs shall mark
the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling,
grading or dumping beyond this point. City staff shall approve the sign design and location
before the contractor installs them. The developer or contractor shall install these signs before
the city issues building permits in this plat.
h. Install survey monuments along the wetland boundaries.
2.* Have the city engineer approve final construction and engineering plans. These plans shall include
grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all the
conditions and changes listed in the memo dated May 14, 2002 and shall meet the following
conditions:
a. The erosion control plans shall be consistent with the city code.
b. The grading plan shall:
(1) Include proposed building pad elevation and contour information for each home site. The
lot lines on this plan shall follow the approved preliminary plat.
(2) Include contour information for all the land that the construction will disturb.
(3) Show housing pads that reduce the grading on sites where the developer can save large
trees.
(4) Show the proposed street and driveway grades as allowed by the city engineer.
(5) Include the tree plan that:
•• •9hows where the developer will remove, save or replace large trees. This plan shall
include an inventory of all existing large trees on the site.
•• •9hows no tree removal beyond the approved grading and tree limits.
(6) Show drainage areas and the developer's engineer shall provide the city engineer with
City Council Meeting 06-10-02
13
the drainage calculations. The drainage design shall accommodate the runofffrom the
surrounding areas. The undeveloped parcel to the east of this site shall have unrestricted
access to the storm sewer with a capacity to accommodate post development runoff.
c. The street and utility plans shall show the:
(1) Water service to each lot and unit.
(2) Repair of Castle Avenue (street and boulevard) after the developer connects to the public
utilities and builds the private driveways.
(3) Design of the sanitary sewer allowing for the unrestricted access to the sanitary sewer in
the development from the undeveloped properties adjacent to the site (primarily to the
east).
3. Paying for costs related to the engineering departments review of the construction plans.
4. Change the plat as follows:
a. Add drainage and utility easements as required by the city engineer. This shall include a 30-foot-
wide easement for the existing 16-inch water main and easements for any other existing utilities
on the site. The Saint Paul Regional Water Services (SPRWS) shall approve the description and
location of the easement for the water main.
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 five feet wide along the side
property lines.
a Label the private street as Castle Place and label Castle Street as Castle Avenue on all plans.
d. Label the common area as Outlot A.
e. Provide easements to allow for unrestricted access to the storm sewer, sanitary sewer and water
main in the development from the undeveloped parcel to the east.
5. Secure and provide all required easements for the development including any off-site drainage and
utility easements.
6. The developer shall complete all grading for public improvements and overall site drainage. The
city engineer shall include in the developer's agreement any grading that the developer or contractor
has not completed before final plat approval.
7. If necessary, obtain a permit from the Ramsey-Washington Metro Watershed District for grading.
8. 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.
9.* Submitting the homeowners' association bylaws and rules to the director of community
development. These are to assure that there will be one responsible party for the maintenance of the
private utilities, driveways and common areas.
City Council Meeting 06-10-02
14
*The developer must complete these conditions before the city issues a grading permit or approves
the final plat.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to approve the plans date-stamped April 24. 2002 (site plan.
landscape elan, aradin~ and drainage plans and building elevations) for Dearborn Meadow.
The city bases this approval on the findings required by the code. The developer or contractor shall do
the following:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Complete the following before the city issues a building permit:
a.* Have the city engineer approve final construction and engineering plans. These plans shall
include: grading, utility, drainage, erosion control, tree, sidewalk and 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 and contour information.
(b) Include contour information for the land that the construction will disturb.
(c) Show sedimentation basins or ponds as may be required by the watershed board or by
the city engineer.
(d) Show a berm (two to four feet high) along the south property line of the site.
(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 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) There shall be no parking on one side of the 28-foot-wide driveway (Castle Place).
City Council Meeting 06-10-02
15
The developer or contractor shall post Castle Place with no parking signs to meet the
above-listed standard.
b. Submit a certificate of survey for all new construction and have each building staked by a
registered land surveyor.
c. Submit a revised landscape plan to staff for approval which incorporates the following details:
(1) All trees would be consistent with city standards for size, location and species.
(2) Planting (instead of sodding) the disturbed areas around the wetland 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.
(3) The maple trees must be at least 2 ^ inches in caliper, balled and burlapped.
(4) The plantings proposed around the front of the units shown on the landscape plan date-
stamped April 24, 2002 shall remain on the plan.
(5) In addition to the above, the contractor shall sod all front, side and rear yard areas
(except for mulched and edged planting beds and the area within the wetland easement).
(6) No landscaping shall take place in the Castle Avenue boulevard. The contractor shall
restore the boulevard with sod.
(7) Adding five more evergreen trees (Black Hills spruce or Austrian pines) to the proposed
11 evergreen trees along the south 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 on the berm.
d. Present a color scheme to staff for approval for each building.
e. Present a revised building plan to staff that shows brick wainscoting on the north face of Unit 3
(along Castle Avenue) extending back to at least the peak of the roof.
3. Complete the following before occupying each building:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the area within the
easement, which may be seeded.
a Install continuous concrete curb and gutter along all interior driveways and around all open
parking stalls.
d. The developer or contractor shall:
(1) Place temporary orange safety fencing and signs at the grading limits.
(2) Remove any debris or junk from the site.
City Council Meeting 06-10-02
16
e. Put addresses on each building for each unit.
f Provide driveway turn arounds for Lots 1 and 2 on Castle Avenue.
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 city receives cash escrow or an irrevocable letter of credit for the required work. The
amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall
be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of
occupancy if the building is occupied in the spring or summer.
c. The city receives an agreement that will allow the city to complete any unfinished work.
5. All work shall follow the approved plans. The director of community development may approve
minor changes.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Collins moved to table the liquor and tobacco violations on the agenda (K5. 10 and
K111.
Seconded by Councilmember Koppen Ayes-All
4. 10:25 (7:45 P.M.) Tillges Office Building (South of 1580 Beam Avenue)
A. Sewer Easement Vacation
B. Design Approval
C. Comprehensive Sign Plan Approval
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented the specifics of the report.
c. Tom Ekstrand presented the Design Review Board Report
d. Commissioner Fisher presented the Planning Commission Report.
Councilmember Collins moved to continue the meetine until all agenda items are addressed.
Seconded by Councilmember Juenemann Ayes-All
e. Mayor Cardinal opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Robert Tillges, Jerry Anderson and Al Kreitman, Applicants
Will Rossbach, 1386 County Road C, Maplewood
Cliff Aichinger, Watershed District
Bob Zick, 1880E. Shore Drive
City Council Meeting 06-10-02
17
£ Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to approve the following resolution for the vacation of an unused
sewer easement on the south side of the property:
RESOLUTION 02-06-107
VACATION RESOLUTION
WHEREAS, Robert Tillges applied for the vacation of the following:
A portion of a 10-foot wide unused sewer easement (Ramsey County, MN, Document No. 1584253)
located along the south property line of the property located south of Beam Avenue and east of Hazelwood
Street, Maplewood (Property Identification Number: 03-29-22-42-0009) and described as follows:
Legal Description: South 10 feet of East 543.35 feet of Northwest Quarter of Northwest Quarter of
Southeast Quarter of Section 3, Township 29, Range 22
WHEREAS, the history of this vacation is as follows:
1. On May 20, 2002, the planning commission recommended that the city council approve the
public vacation.
2. On June 10, 2002, 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.
WHEREAS, after the city approves this vacation, public interest in the property will go to Robert
Tillges for the above-mentioned property.
NOW, THEREFORE, BE IT RESOLVED thatthe city council approve the above-described vacation
for the following reasons:
L It is in the public interest.
2. The sewer easement is unused.
3. The sewer easement is not needed for the proposed Tillges Medical Office Building
development.
Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers
Collins, Juenemann and Koppen
Nays-Councilmember Wasiluk
Councilmember Koppen moved to approve Robert Tillges' comprehensive sign plan for the Tillges
Medical Office Building with the following conditions:
City Council Meeting 06-10-02
18
a. Repeat this review in two years if the city has not issued a sign permit or parking lot permit
for this project.
b. Prior to issuance of a sign permit, the applicant will submit or complete the following:
1) A revised sign easement for the proposed freestanding sign on the Maplewood Cancer
Center property aY 1580 Beam Avenue. The revised easement must encompass the
proposed placement of the sign with a 10-foot setback from the Beam Avenue right-
of-way.
2) A revised landscape plan showing landscaping around the base of both freestanding
signs to include low-maintenance perennial shrubs and flowering plants.
3) A revised freestanding sign plan showing the footing detail and verification of an 80-
mile-per-hour wind load capacity to be approved by the building official.
4) A revised lighting plan showing the proposed lighting source for the two and
photometrics for the two freestanding signs.
a The tenant wall signs for the Phase I building (Tillges Medical Office Building) are
limited to the north and west elevations only.
d. The tenant wall signs are limited to 2 feet in height by 8 feet in width and must be placed
within the dormer above the tenants window space.
e. The tenant wall signs for the Phase II building are not approved with this proposal.
Two freestanding signs are approved (overall size is 20.5 feet in height, 17 feet in width).
One freestanding sign is to be located with a 10-foot setback to the Hazelwood Avenue right-
of-way. The second freestanding sign is to be located within a sign easement located on the
Maplewood Cancer Center property at 1580 Beam Avenue East, with a 10-foot setback to
the Beam Avenue right-of--way.
g. A timer shall be installed on the Hazelwood Street freestanding sign that turns the sign lights
off at 10 p.m.
h. All work shall follow the approved plans. The director of community development may
approve minor changes.
Seconded by Councilmember Collins Ayes-All
Councilmember Koppen moved to approve the plans date stamped January 25, February 12, February
18, April 11 and May 8, 2002 for the Phase I portion of the Tillges Medical Office Building
development. The city is approving these plans based on the findings required by the code. The
applicant shall do the following:
a. Repeat this review in two years if the city has not issued a building permit for this project.
b. The Phase II portion of the Tillges Medical Office Building development is not approved
with this approval.
c. Prior to issuance of a grading or building permit, the applicant shall submit or complete the
following:
1) A signed developer's agreement and cash surety to the city which covers the
following: assurance of construction of the sanitary sewer, storm sewer, and water
main; temporary grading easement for grading conducted on city property; acquisition
City Council Meeting 06-10-02
19
of city property; and engineering review charges.
2) A survey completed by a registered land surveyor showing the following: existing
conditions, all easements located on the property (identify the extent and interestfor each
easement), and location of the Phase I building and parking lot. A registered land
surveyor must also stake the location of the building on the property.
3) A revised grading, drainage, utility and erosion control plans which meet conditions
and requirements of the assistant city engineer outlined in his memorandum dated
April 11, 2002.
4) A revised landscape plan that shows 12 replacement trees to be installed on city
property within the area of the approved temporary grading easement. The revised
plan should also identify the planting species, sizes and quantities. City code requires
deciduous trees to be at least 2 '/z inches in caliper, balled and burlapped. Coniferous
trees must be at least six feet tall.
5) A revised lighting plan that shows all pole lights to be a maximum of 25 feet in height,
measured from ground grade to the top of the luminaries, and the maximum light
intensity at all property lines not to exceed .4-foot candles.
6) A temporary grading easement for all proposed grading on the Maplewood
Professional Building property at 1560 Beam Avenue East.
7) An agreement that authorizes the construction of a portion of the parking lot within
the storm water drainage easement located along the north property line of the
southern leg of the property (Easement Document Number 3031096). The agreement
must be signed by the Maplewood Cancer Center property owner at 1580 Beam
Avenue East and all other parties with interest to the easement.
8) The vacation and relocation of portions of the County Ditch No. 18 easement to match
the proposed culvert extension (Ditch Easement Document No. 2207724). The new
easement must be recorded with Ramsey County and shall be subject to the approval
of the city engineer.
9) A revised utility plan showing the location of a fire hydrant to be approved by the
city's fire marshal.
10) Place temporary orange safety fencing at the grading limits, including around all trees
to be preserved (construction fence to the drip line of the trees).
d. The applicant shall complete the following before occupying the building:
1) Install an in-ground lawn irrigation system for all landscaped areas.
2) Install all required Phase I landscaping on the site and install 12 replacement trees on
the city property located to the south of the site.
3) Sod or hydro seed the Phase II portion of the development within 14 days of
City Council Meeting 06-10-02
20
completion of the Phase II grading.
4) Install continuous concrete curb around the parking lots and drives, including
installing concrete curb along the two proposed driveway extensions into the Phase II
portion of the development.
5) Pave all driving surfaces.
6) Install a fire hydrant.
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 city receives a cash escrow or an irrevocable letter of credit for the required work.
The amount shall be 150 percent of the cost of the unfinished work. Any unfinished
landscaping shall be completed by June 1 if the building is occupied in the winter or
within six weeks if the building is occupied in the spring and summer.
3) 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.
Seconded by Councilmember Wasiluk Ayes-All
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
1. English Street Improvements, Project 01-14: Resolution Approving Adjustments and Final
Assessment Roll
a. City Manager Fursman presented the report.
b. Assistant City Engineer Cavett presented the specifics of the report.
Councilmember Koppen moved to adopt the following resolution approving the adoption of the
revised assessment roll for the English Street Improvements, Project 01-14:
RESOLUTION 02-06-108
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on April 8, 2002, the assessment
roll for the English Street Improvements, City Project 01-14, was presented in a Public Hearing format,
pursuant to Minnesota Statutes, Chapter 429, and
City Council Meeting 06-10-02
21
WHEREAS, six property owners filed objections to their assessments according to the requirements
of Minnesota Statutes, Chapter 429, summarized as follows:
1. Duane Gudknecht, 2002 English St.: requests future development deferment along with interest free.
2. Andrew and Cornelia Williams, 1290 Belmont Lane E.: request senior citizen deferment.
3. Domingo Bernal, 2200 English St.: severe hardship, appears to request senior citizen deferment.
4. Richard Revit, 1997 English St.: requests senior citizen deferment.
5. Nicholas Aliksyuk, 2207 English St.: requests a senior citizen deferment.
6. Lester Volkman, 2021 English St.: requests a senior citizen deferment.
7. Jesse Rodriguez, 2131 English St.: requests a senior citizen deferment.
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 English Street Improvements, Project 01-14:
1. Duane Gudknecht, 2002 English St.: Remove 2 half unit street assessments and 2 half unit utility
assessments, and establish cash connection charges for utility assessments, subject to a final
agreement to be finalized by the City Engineer. Deny request for interest free deferment.
2. Andrew and Cornelia Williams, 1290 Belmont Lane E.: Grant senior citizen deferment, subject to
final approval by the city engineer of needed documents.
3. Domingo Bernal, 2200 English St.: Grant senior citizen deferment, subject to final approval by the
city engineer of needed documents.
4. Richard Revit, 1997 English St.: Grant senior citizen deferment, subject to final approval by the city
engineer of needed documents.
5. Nicholas Aliksyuk, 2207 English St; Grant senior citizen deferment, subject to final approval by the
city engineer of needed documents.
6. Lester Volkman, 2021 English St.: Grant senior citizen deferment, subject to final approval by the
city engineer of needed documents.
7. Jesse Rodriquez, 2131 English St.: Grant senior citizen deferment, subject to final approval by the
city engineer of needed documents.
B. The assessment roll for the English Street Improvements as amended is hereby accepted, a copy
of which is attached hereto and made a part hereof. 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 06-10-02
22
C. 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 2003 and shall bear
interest at the rate of 6.0 percent per annum from 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, 2002. To each subsequent installment when due shall be added interest for one year on all
unpaid installments.
D. 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 July 31, 2002, 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
July 31, 2002, 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 neat succeeding year.
E. The city engineer and city clerk shall forthwith after July 31, 2002, but no later than August 31,
2002, 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. Gladstone South Neighborhood Street Improvements, Project 00-03: Resolution Approving
Adjustments and Final Assessment Roll
a. City Manager Fursman presented the report.
b. Assistant City Engineer Cavett presented the specifics of the report.
Councilmember Koppen moved to adopt the following resolution approving the adoption of the
revised assessment roll for the Gladstone South Neighborhood Street Improvements. Project 00-03:
RESOLUTION 02-06-109
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on April 8, 2002, the assessment
roll for the Gladstone South Neighborhood Street Improvements, City Project 00-03, was presented in a
Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, twelve property owners filed objections to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Donald and Viola Chase, 1838 Manton Street: requests a senior citizen deferment.
2. Richard Dean, 1881 Ide Street: states that his property was previously assessed for storm sewer as
part of Frost Ave.
3. Lawrence Redeker, 1415 Price Avenue: requests a correction to error on number of units.
City Council Meeting 06-10-02
23
4. Mary and Phillip Nalewaja, 1878 Ide Street: requests senior citizen deferment.
5. Helen Reider, 1893 Ide Street: requests a senior citizen deferment.
6. Robert E. Jones, 1839 Birmingham St.: opposed to assessment, since no work is done on street.
7. Gloris Rehak, 1830 Birmingham St.: opposed to storm assessment, since work is done in other area.
8. Marilyn Grant, 1840 Birmingham St.: opposed to storm assessment due to no improvements in area,
and Birmingham was done as a model project.
9. Tom Mathisen, 1843 Clarence St.: objects to assessment on 2 undeveloped lots for storm sewer as no
benefit is received from the improvements.
10. Richard C. Moore, 1877 Dieter St: requests senior citizen deferment.
11. Jerome C. Musial, 1883 Dieter St.: request revision to assessment because the amount is a lot to pay.
12. Edward Jungbauer, 1435 Price St.: requests disability deferment.
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 Gladstone South Neighborhood Street Improvements, Project 00-03:
1. Donald and Viola Chase, 1838 Manton Street: Grant senior citizen deferment.
2. Richard Dean, 1881 Ide Street: property was previously assessed. Remove storm sewer assessment.
Remove 1894 Ide Street storm assessment as well.
3. Lawrence Redeker, 1415 Price Avenue: Remove 1 street unit assessment of $4,000.
4. Mary and Phillip Nalewaja, 1878 Ide Street: Grant senior citizen deferment, subject to receipt of
necessary documents to be approved by the city engineer.
5. Helen Reider, 1893 Ide Street: Grant senior citizen deferment, subject to receipt of necessary
documents to be approved by the city engineer.
6. Robert E. Jones, 1839 Birmingham St.: Deny objection as benefit is received for drainage
improvements in area.
7. Gloris Rehak, 1830 Birmingham St.: Deny objection as benefit is received for drainage
improvements in area.
8. Marilyn Grant, 1840 Birmingham St.: Deny objection as benefit is received for drainage
improvements in area No commitment that there would not be a future storm sewer assessment for
the model project.
9. Tom Mathisen, 1843 Clarence St.: Remove 2 undeveloped lot assessments for storm sewer as no
City Council Meeting 06-10-02
24
benefit is received from the improvements.
10 Richard C. Moore, 1877 Dieter St: Grant senior citizen deferment, subject to receipt of necessary
documents to be approved by the city engineer.
11. Jerome C. Musial, 1883 Dieter St.: Deny revision to assessment. Benefit received.
12. Edward Jungbauer, 1435 Price St.: Grant disability deferment, subject to receipt of necessary
documents to be approved by the city engineer.
F. The assessment roll for the Gladstone South Neighborhood Street Improvements, as amended, is
hereby accepted, a copy of which is attached hereto and made a part hereof. 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.
G. 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 2003 and shall bear
interest at the rate of 6.0 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, 2002. To each subsequent installment when due shall be added interest for one year on all
unpaid installments.
H. 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 July 31, 2002, 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
July 31, 2002, 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 neat succeeding year.
L The city engineer and city clerk shall forthwith after July 31, 2002, but no later than August 31,
2002, 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 Juenemann Ayes-All
3. Eldridge Avenue Improvements, Project 01-29: Resolution Revising Hearing Date
a. City Manager Fursman presented the report.
b. Assistant City Engineer Cavett presented the specifics of the report.
Councilmember Juenemann moved to adopt the following resolution rescheduling the public
hearing date for the Eldridge Avenue Improvements. Project 01-29 until June 24. 2002 and
authorized the city engineer to begin preparation of engineering plans:
RESOLUTION 02-06-110
City Council Meeting 06-10-02
25
APPROVING REVISING PUBLIC HEARING DATE
WHEREAS, pursuant to resolution passed by the city council on May 28, 2002, a date of June 10,
2002, was set to hold the public hearing for the Eldridge Avenue Improvement Project, Project 01-29, and
WHEREAS, a clerical error occurred such that legal notice as required by resolution did not occur for
proper notification of said item.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
A hearing shall be held on the 24th day of June, 2002, at the city hall at 7:00 p.m. to pass upon such
proposed improvement and at such time and place all persons owning property affected by such
improvement will be given an opportunity to be heard with reference to such improvement.
Seconded by Councilmember Koppen Ayes-All
4. House Moving Request (Crockett)-Sylvan Street
a. City Manager Fursman presented the report.
b. Assistant Community Development Director Ekstrand presented the specifics of the report.
Councilmember Collins moved to extend the application timeline for the moving of aone-story
stucco house and detached gaffe for Bart Crockett to the lot south of 1754 Sylvan Street until the
June 24. 2002 meeting, or until the proper documentation is provided.
Seconded by Councilmember Koppen Ayes-All
5. Organized Collection
a. City Manager Fursman presented the report.
Councilmember Wasiluk moved to approve to table Organized Collection until early fall 2002.
Seconded by Councilmember Juenemann Ayes-All
6. Mayor Cardinal moved to reconsider the proposed Kline Nissan Dealership on Highway 61
on June 24, 2002.
Seconded by Councilmember Collins
K. NEW BUSINESS
Ayes-Mayor Cardinal, Councilmembers
Collins, Koppen and Wasiluk
Nays-Councilmember Juenemann
Preliminary Approval for Issuance of Improvement Bonds
a. City Manager Fursman presented the report.
b. Finance Director Faust presented the specifics of the report.
City Council Meeting 06-10-02
26
Councilmember Collins moved to adopt the following resolutions providing nreliminar~nnroval
RESOLUTION 02-06-111
RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF
$4,815,000 GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 2002A
A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has
heretofore determined that it is necessary and expedient to issue its $4,815,000 General Obligation
Improvement Bonds, Series 2002A (the "Bonds") to finance the cost of various improvement projects in the
City; and
B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota
("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a
competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for
the competitive negotiated sale of the Bonds.
2. Meeting: Proposal Opening. This City Council shall meet at the time and place
specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed
proposals for, and awarding the sale of, the Bonds. The Clerk or designee, shall open proposals at the time
and place specified in such Terms of Proposal.
3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof
are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a
part hereof.
4. Official Statement. In connection with said competitive negotiated sale, the Clerk and
other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in
the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City
upon its completion.
RESOLUTION 02-06-112
EXHIBIT A
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE
ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL $4,815,000
CITY OF MAPLEWOOD, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Thursday, July 18, 2002, until 11:OOA.M., Central Time, at the
City Council Meeting 06-10-02
27
offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time
they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at
S:OOP.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale
specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between
the bidder and the City to purchase the Bonds regardless of the manner by which the Proposal is submitted.
(a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to
Springsted. Signed Proposals, without final price or coupons, maybe submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and
coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal.
OR
(b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®. For
purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official
time with respect to all Bids submitted to PARITY®. Each bidder shall be solely responsible for mala~ng
necessary arrangements to access PARITI'® for purposes of submitting its electronic Bid in a timely manner
and in compliance with the requirements of the Notice of Sale. Neither the City, its agents nor PARITY®
shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or
ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY®
shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or
have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The
City is using the services of PARITY® solely as a communication mechanism to conduct the electronic
bidding for the Bonds, and PARITY® is not an agent of the City.
If any provisions of this Notice of Sale conflict with information provided by PARITY®, this Notice of Sale
shall control. Further information about PARITY®, including any fee charged, maybe obtained from:
PARITY®, 395 Hudson Street, New York City, New York 10014, Customer Support, (212) 806-
8304.
DETAILS OF THE BONDS
The Bonds will be dated August 1, 2002, as the date of original issue, and will bear interest payable on
February 1 and August 1 of each year, commencing August 1, 2003. Interest will be computed on the basis
of a 360-day year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows
2004 $ 90,000 2008 $345,000 2012 $325,000 2016 $350,000
2005 $345,000 2009 $310,000 2013 $330,000 2017 $360,000
2006 $345,000 2010 $315,000 2014 $335,000 2018 $360,000
2007 $345,000 2011 $320,000 2015 $340,000
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and
City Council Meeting 06-10-02
28
term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption
date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must
conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of
redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and
"Years of Term Maturities" in the spaces provided on the Proposal Form.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for
the services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2010, and on any day thereafter, to prepay Bonds due on or after February
1, 2011. Redemption maybe in whole or in part and if in part at the option of the City and in such manner as
the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify
DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each
participant's interest in such maturity to be redeemed and each participant will then select by lot the
beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par
plus accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and
power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against
benefited properties. The proceeds will be used to finance various projects within the City.
TYPE OF PROPOSALS
Proposals shall be for not less than $4,781,325 and accrued interest on the total principal amount of the
Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or
cashier's check or a Financial Surety Bond in the amount of $48,150, payable to the order of the City. If a
check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an
insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City.
Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial
Surety Bond must identify eaoh underwriter whose Deposit is guaranteed by such Financial Surety Bond. If
the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to
submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as
instructed by Springsted Incorporated not later than 3:30 P. M., Central Time, on the neat business day
following the award. If such Deposit is not received by that time, the Financial Surety Bond maybe drawn
by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of
which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the
City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by
the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the
meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date
without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%.
Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date
of the Bonds to the date of maturity. No conditional proposals will be accepted.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost
(TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary
City Council Meeting 06-10-02
29
practice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters
relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii)
reject any proposal which the City determines to have failed to comply with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the
option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment
shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the
Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has
requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any
other rating agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser
shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but
neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause
for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for
the assignment of CUSIP identification numbers shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser
through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving
legal opinion of Mary Ippel of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis,
Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement,
payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of
the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of
payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be
liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said
terms for payment.
CONTINUING DISCLOSURE
On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing
Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners
of the Bonds to provide certain financial and other information about the City and notices of certain
occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5).
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent information relative to
the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of
Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any
additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the
City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone
(651) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the maturity
dates, principal amounts and interest rates of the Bonds, together with any other information required by law,
City Council Meeting 06-10-02
30
shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in
Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal
therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide
without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 200 copies
of the Official Statement and the addendum or addenda described above. The City designates the senior
managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of
distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter
delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i)
it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating
Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the
Final Official Statement.
Seconded by Councilmember Koppen Ayes-All
1. Dearborn Heights: Request to Initiate Drainage Study
a. City Manager Fursman presented the report.
b. Assistant City Engineer Cavett presented the specifics of the report.
Councilmember Collins moved to adopt the following resolution ordering the Preparation of the
Feasibility for the Dearborn Heights Drainage Stud~provements. Project 02-11:
RESOLUTION 02-06-113
PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to study the drainage systems and make the necessary drainage
improvements to the Dearborn Heights Area, City Project 02-11, 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 $15,000 are appropriated to prepare this feasibility report.
Seconded by Councilmember Koppen Ayes-All
2. Kennard/Frost Area Street Improvements, Project 02-10: Resolution: Ordering Preparation
of Feasibility Study
a. City Manager Fursman presented the report.
b. Assistant City Engineer Cavett presented the specifics of the report.
City Council Meeting 06-10-02
31
Councilmember Koppen moved to approve the following resolution ordering the preparation of the
Feasibility for the Kennard/Frost Area Street Improvements. Project 02-10:
RESOLUTION 02-06-114
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the Kennard/Frost Area Streets, City Project 02-
10, 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 Juenemann Ayes-All
3. Beaver Lake Townhomes Sanitary Sewer Replacement and Bike Path, Project 01-09;
Resolution Accepting Report and Ordering Public Hearing
a. City Manager Fursman presented the report.
b. Assistant City Engineer Cavett presented the specifics of the report.
Councilmember Collins moved to approve the following resolution accepting the report and calling
for a public hearing for 7:15 p.m. Monday. June 24. 2002 for the Beaver Lake Sanitary Sewer
Replacement and Bike Path Improvements. Project 01-09:
RESOLUTION 02-06-115
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the council adopted May 14, 2001, a report has been prepared
by the city engineering division with reference to the improvement of Beaver Lake Sanitary Sewer
Replacement and Bike Path, City Project 01-09, and this report was received by the council on June 10,
2002, and
WHEREAS, the report provides information regarding whether the proposed project is necessary,
cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The council will consider the improvement of such street in accordance with the report and
City Council Meeting 06-10-02
32
the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota
Statutes, Chapter 429 at an estimated total cost of the improvement of $885,330.00.
2. A public hearing shall be held on such proposed improvement on the 24th day of June, 2002,
in the council chambers of city hall at 7:15 p.m. and the clerk shall give mailed and published notice of such
hearing and improvement as required by law.
Seconded by Councilmember Juenemann Ayes-All
4. Intoxicating Liquor License Compliance Failure-Tobacco Compliance Failure-Labers Liquor-
1700 Rice Street
Tabled
5. Public Access TV and PEG Fees (presentation by Bob Zick)
a. City Manager Fursman introduced Mr. Robert Zick, 1880 E. Shore Drive, Maplewood.
b. Maplewood Resident Robert Zick presented his report and requested that council reconsider
their appointment to the Cable Commission. Mr. Zick reiterated that he was the best applicant
for the appointment.
No action was taken.
6. Change of Manager, Intoxicating Liquor License-Chipotle Mexican Grill-Scott Allan
Flewelling
a. City Manager Fursman presented the report.
b. Deputy Chief Thomalla presented the specifics of the report.
Councilmember Collins moved to approve the liquor license application for Scott Allan Flewelling for
Chipotle Mexican Grill.
Seconded by Councilmember Koppen Ayes-All
Maplewood Historical Preservation Commission Request for Historic Designation
a. City Manager Fursman presented the report.
b. Robert Overby presented the specifics of the report.
Councilmember Juenemann moved to: 1. Approve the Bruentrup Historic Farm (BHF) buildings
and site as historically~iificant. 2. Transmit the City Council's historical designation of the BHF
buildings and site to Charles Nelson. State Architect at the State Historic Preservation Office
(SHOP) of the Minnesota Historical Society and ask that staff review the City's historical
designation for their concurrence, and send their reply to the City as soon as possible in June. 3
.Use the historical designation of the BHF buildings and site as a basis for the Maplewood Historical
Commission, the Maplewood Area Historical Society, and other interested parties work with city
and state officials to maintain the BHF in its authentic historical condition to the extent possible.
while also keeping it safe for use by the public.
City Council Meeting 06-10-02
33
Seconded by Councilmember Koppen Ayes-All
8. Bruentrup Farm Parking Lot
a. City Manager Fursman presented the report.
b. Parks and Recreation Director Anderson presented the specifics of the report.
a The following persons were heard:
Gary Charpentier, 2212 E. County Road D, Maplewood
David Huebl, 2191 E. County Road D, Maplewood
No action was taken.
L. VISITOR PRESENTATIONS
1. Kevin Berglund-1929 Kingston Avenue, Maplewood-Mr. Berglund feels the cable
commission should be used for the benefit of the council and city.
2. Bob Zick-1880 E. Shore Drive, Maplewood- Mr. Zick expressed that more attention should
be given to protecting streams and trees in the city.
M. COUNCIL PRESENTATIONS
Frost and English-Councilmember Collins asked for staff to check on the towing business on
the corner of Frost Avenue and English Street.
2. Technical Training for Cablecasting-Councilmember Juenemann felt at least two other staff
people should be trained as backup for the Council Chambers electronic booth.
3. Charitable Gambling-Blood Mobile was overlooked, and Mayor Cardinal would like to see
funds going to that area. City Manager Fursman will follow-up.
4. Fire Relief Association-Mayor Cardinal clarified that Fire Fighter John Capistrand will be
returning on a probarionary status.
5. NEST-Tabled
6. Ramsey County Mayor's Meeting-Their will be a Ramsey County Mayors Meeting at the
Falcon Heights City Hall June 13, 2002 5:30 p.m. to discuss the consequences of 9-11.
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
City Council Meeting 06-10-02
34
Councilmember Collins moved to adjourn the meeting at 12:35 a.m..
Seconded by Councilmember Koppen Ayes -All
City Council Meeting 06-10-02
35