HomeMy WebLinkAbout04-28-2003
MINUTES
MAPLEWOOD CITY COUNCIL
7:15 P.M., Monday, April 28, 2003
Council Chambers, Municipal Building
Meeting No. 03-08
A. CALL TO ORDER:
A meeting ofthe City Council was held in the Council Chambers, at the Municipal Building, and
was called to order at 7: 15 P.M. by Mayor Cardinal.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Robert Cardinal, Mayor
Kenneth V. Collins, Councilmember
Kathleen Juenemann, Councilmember
Marvin C. Koppen, Councilmember
Julie A. Wasiluk, Councilmember
Present
Present
Present
Present
Present
D. APPROVAL OF MINUTES
1. Minutes from the Council/Manager Workshop
Councilmember Wasiluk moved to approve the Council/Manager Workshop Minutes of April
14, 2003 as presented.
Seconded by Councilmember Juenemann
Ayes-All
2. Minutes from the April 14, 2003 City Council Meeting, Meeting No. 03-07
Councilmember Collins moved to approve the City Council Minutes of April 14, 2003 meeting
as amended.
Seconded by Councilmember Wasiluk
Ayes-All
E. APPROVAL OF AGENDA
F3. Nate Dey-Mr. Hockey
F 4. Acting Emergency Management
Director
Ml. Reconsideration-Hazelwood
Street Improvements
M2. Recycling Files
M3. City Recycling Day
M4. Joint Meeting w/ School Districts
MS. Sidewalks
M6. Environmental Issues
M7. Ramsey County Watershed
District
M8. LMC Award Programs
M9. Meeting Extensions
Councilmember Collins moved to approve the agenda as amended.
Seconded by Councilmember Wasiluk
Ayes-All
F. APPOINTMENTS/PRESENT A nONS
1. Proclamation-Falun Dafa Month
Approved the following proclamation and declared the month of May 2003 as Falun Dafa Month
in the City of Maplewood:
c&~
Whereas, Falun Dafa, also known as Falun Gong, is a powerful mind/body cultivation system
originating in prehistoric China and made public by Master Li Hongzhi in 1992; and
Whereas, Falun Dafa is aform of what the Chinese call qigong (pronounced "chee-gong''), a
system of exercises and teachings that deeply transform the mind and body, whose practitioners
experience improved health and newfound energy to mental clarity, stress relief and peace of mind and
surveys strongly attest to Falun Dafa's power of resolving conditions that other forms of healing do not;
and
Whereas, Falun Dafa is practiced in more than 40 countries, by millions of people of all ages,
cultures and backgrounds, and almost every state in the United States has Falun Dafa practitioners and
exercise locations; and
Whereas, Falun Dafa was introduced to Minnesota in the fall of 1998 and since then, volunteers
offer free instruction and convene regular group exercise practice sites in the Twin Cities, including
Como Park in Saint Paul, the University of Minnesota and Pathways in Minneapolis;
Now, Therefore, I, Bob Cardinal, Mayor of the City of Maple wood, do hereby proclaim May
2003 as Falun Dafa Month.
2. Human Relations Commission Appointment
Councilmember Koppen moved to appoint Annastacia Belladonna to the Maplewood Human
Relations Commission.
Seconded by Councilmember Juenemann
Ayes-All
G. CONSENT AGENDA
Councilmember Juenemann moved to approve consent agenda items 1-6 and 8-9.
Seconded by Councilmember Wasiluk
Councilmember Juenemann moved to approve consent agenda items 7.
Seconded by Councilmember Collins
Ayes-All
1. Approval of Claims
City Council 04-28-03
2
ACCOUNTS
PAYABLE
$255,472.75 Checks #60635 thru #60698 dated 4/11 thru
4/15/03
$135,240.20 Disbursements via debits to checking account
dated 4/7 tbru 4/11/03
$126,082.99 Checks #60699 thru #60764 dated 4/17 thru
4/22/03
$217,867.01 Disbursements via debits to checking account
dated 4/14 thru 4/17/03
$734,662.95 Total Accounts Payable
PAYROLL
$403,363.65 Payroll Checks and Direct Deposits dated
4/11/03
$25,737.57 Payroll Deduction checks #93219 thru #93225
dated 4/11/03
$429,101.22 Total Payroll
$1,163,764.17 GRAND TOTAL
2. White Bear Township Aquatics Agreement
Approved the lifeguard service contract with White Bear Township as proposed.
3. Special Tax Assessment for Property at 2575 Carver Avenue
Adopted the following resolution allowing the city, or an agent of the city, to repair the septic
system located at 2575 Carver Avenue and assess back the costs associated with this repair to the
property in the form of a special tax assessment:
RESOLUTION NO. 03-04-064
RESOLUTION APPROVING REPAIR AND REPLACEMENT OF SEPTIC SYSTEM AT
2575 CARVER AVENUE AND ORDERING THE COST OF REPAIR AND REPLACEMENT
TO BE ASSESSED ON THE PROPERTY.
WHEREAS, upon the City of Maplewood's inspection of Patty Gearin ("Owner")'s property at
2575 Carver Avenue, Maplewood, Minnesota, Parcel Number 24.18.22.12.0010 ("Property"), surface
discharge of effluent from a septic tank located on the Property was found;
WHEREAS, due to the effluent's potential effect on the public and the environment, the City and
the Owner wish to properly collapse the existing holding tank, remove it from service, install a new holding
tank and return the vegetation to its preexisting condition;
City Council 04-28-03
3
WHEREAS, pursuantto Section 19-12 ofthe Maplewood Code of Ordinances, the Owner has been
served with notice by the City stating that the above work on the property must be completed;
WHEREAS, the Owner has stated that she is financially unable to properly perform the above work
in time stated in the City's notice;
WHEREAS, the City may take action to perform the above work on the Property;
WHEREAS, the Owner supports the above work on her Property by the City and has agreed to
payment ofthe proposed assessment:
a. Gearin - PIN 24.28.22.12.0010
Removal and Installation:
$ refer to total.
25% Expenses:
$ refer to total.
Total:
$ * not to exceed 6,250.00.
WHEREAS, Ms. Gearin, based on an agreement for the assessment amount of $ * 6,250.00 for
removal of the Materials from the Property, agrees to waive the notice of hearing, hearing and right to
appeal pursuant to Minnesota Statute Section 429.061, et al;
WHEREAS, Ms. Gearin has agreed and hereby directs the City of Maplewood to place the
respective total amount of assessment as follows:
a. Gearin, $ * 6,250.00, ;
with the Ramsey County Auditor for the 2004 property tax rolls.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA THAT:
The City and Ms. Gearin have agreed to an assessment amount for the above work on the Property in the
total amount of $ * 6,250.00, said amount representing the following:
Removal and Installation:
$ refer to total
25% Expenses:
Total:
$ refer to total
$ * 6,250.00.
4. Kennard/Frost Area Streets, Project 02-10: Resolutions-Calling for Public Hearing and
Calling for Assessment Hearing-6 Parcels
Approved the following resolutions: Calling for Public Hearing and Calling for Assessment
Hearing for the Kennard/Frost Area Street Improvements, City Project 02-10:
RESOLUTION 03-04-065
CALLING FOR PUBLIC HEARING
City Council 04-28-03
4
WHEREAS, pursuant to resolution of the council adopted June 10, 2002, a report had been
prepared by the city engineering division with reference to the improvement of Kennard/Frost Area
Streets, City Project 02-10, and said report was received by the council on January 13, 2003, and
WHEREAS, the report provided information regarding whether the proposed project is
necessary, cost-effective, and feasible, and
WHEREAS, a public hearing was held on January 27, 2003, for the city council to consider the
improvement in accordance with the report and the assessment of benefiting property for all or a portion
ofthe cost ofthe improvement pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the improvement was ordered by the city council on January 27, 2003, following
the public hearing, and
WHEREAS, it was later determined that the following six parcels had inadvertently not been
sent notice ofthe original public hearing:
PIN 15-29-22-42-0025,
PIN 15-29-22-42-0031,
PIN 15-29-22-42-0032,
PIN 15-29-22-42-0033,
PIN 15-29-22-42-0034,
PIN 15-29-22-42-0035,
1915 Maryknoll Avenue
1872 Prosperity Avenue
1871 Maryknoll Avenue
1885 Maryknoll Avenue
1891 Maryknoll Avenue
1899 Maryknoll Avenue, and
WHEREAS, a public hearing is still desired to determine whether the proposed project is
necessary, cost-effective, and feasible, as it relates to the six parcels referenced above,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD,
MINNESOTA:
1. The council will consider the Kennard/Frost Area Street Improvements in accordance
with the report and 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 $3,160,500.
2. A public hearing shall be held on such proposed improvement on the 12th day of May
2003 in the council chambers of city hall at 7 p.m., and the clerk shall give mailed and published notice
of such hearing and improvement as required by law.
RESOLUTION 03-04-066
ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the engineer have, at the direction ofthe council, prepared an
assessment roll for the Kennard/Frost Area Street Improvements, City Project 02-10, and the said
assessment roll is on file in the office ofthe city engineer, and
WHEREAS, a public hearing will be held at 7:00 p.m. on May 12, 2003, to determine whether
the proposed project is necessary, cost-effective, and feasible, as it relates to the six parcels referenced
below:
PIN 15-29-22-42-0025,
1915 Maryknoll Avenue
City Council 04-28-03
5
PIN 15-29-22-42-0031,
PIN 15-29-22-42-0032,
PIN 15-29-22-42-0033,
PIN 15-29-22-42-0034,
PIN 15-29-22-42-0035,
1872 Prosperity Avenue
1871 Maryknoll Avenue
1885 Maryknoll Avenue
1891 Maryknoll Avenue
1899 Maryknoll Avenue, and
WHEREAS, a May 12th, 2003, assessment hearing was ordered by the city council on April 14,
2003, and
WHEREAS, it is still desired to include the six above referenced parcels in the assessment roll
for the Kennard/Frost Area Street Improvements, and
WHEREAS, the city council may still elect, following the public hearing, to exempt the six
above referenced parcels from the assessment roll if public benefit has is not determined.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD,
MINNESOTA:
1. The above referenced parcels shall be included in the assessment hearing
to be held on the 12th day of May 2003, at the city hall at 7:00 p.rn., following the public hearing, to
pass upon such proposed assessment 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 assessment.
2. The city clerk is hereby directed to cause a notice ofthe hearing on the
proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing,
and to mail notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the
general nature ofthe improvement the area to be assessed, that the proposed assessment roll is on file
with the clerk and that written or oral objections will be considered.
s. Temporary Gambling Resolution-VFW Post 8901-1964 English Street
Adopted the following resolution approving the Temporary Gambling Resolution for Lawrense
Kaiser on behalf of Moose Lodge 963 and VFW 8901 located at 1946 English Street:
RESOLUTION 03-04-067
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary
permit for lawful gambling is approved for VFW 8901.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute s349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division
ofthe Minnesota Department of Gaming approve said permit application as being in compliance with
Minnesota Statute s349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
City Council 04-28-03
6
6. Food Permit Approval and Waiver of Fee-Boy Scout Troop 64
Approved the miscellaneous permit to sell food at Cross Lutheran Church and to waive the
$46.00 permit fee.
7. Proclamation-Stephanie Sward-Hometown Day
Approved the following proclamation and declared the date of May 3rd as the Official Stephanie
Sward Hometown Day in the City of Maplewood:
c&'~
Whereas, the City of Maple wood, Minnesota is actively concerned and involved in nurturing and
supporting the educational and physical development and achievements of its natives and residents, and
Whereas, the achievements academically and athletically of our native citizen Stephanie Sward
are a source of great community pride and interest as she represents our hometown in the nation and at
the University of Minnesota as an accomplished athlete and student, and
Whereas, she will be especially honored during ceremonies at the University of Minnesota; and
"Rainbow Foods Hometown Days" celebration of her achievements is representative of the recognition
our City supports,
Therefore, as Mayor of the City of Maple wood, Minnesota, I hereby do ordain and declare the
date of MAY 3, 2003 AS THE OFFICIAL STEPHANIE SWARD HOMETOWN DAY IN THE CITY OF
MAPLEWOOD.
8. Car Allowance-City Manager
Approved the request from the City Manager to convert his approved car allowance into salary.
9. Approval of Energy Management System Upgrade
Approved the purchase and installation of a Trane Summit Energy Management System at the
Maplewood Community Center.
H. PUBLIC HEARINGS
1. 7:40 p.rn. Assessment Hearing-Parkway Lift Station Removal Improvements, Project 02-
14: Resolution-Adoption of Assessment Roll with Revisions
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Gary Blair, 1769 Reaney Avenue, St. Paul
d. Mayor Cardinal closed the public hearing.
City Council 04-28-03
7
Councilmember Koppen moved to adopt the following resolution for the Adoption ofthe
Assessment Roll for the Parkway Lift Station Improvements, Proiect 02-14:
RESOLUTION 03-04-068
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on March 31, 2003, calling for
a Public Hearing, the assessment roll for the Parkway Lift Station Removal Improvements, City Project
02-14, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, five property owners have filed objections to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. None
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD,
MINNESOTA:
1. That the City Engineer and City Clerk are hereby instructed to review the objections received
and report to the City Council at the regular meeting on May 12, 2003, as to their
recommendations for adjustments.
2. The assessment roll for the Parkway Lift Station Removal Improvements as amended, without
those property owners' assessments who have filed objections, a copy of which is attached
hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the
special assessment against the lands named therein, and each tract ofland therein included is
hereby found to be benefited by the proposed improvement in the amount of the assessment
levied against it.
3. Such assessments shall be payable in equal annual installments extending over a period of 15
years, the first installments to be payable on or before the first Monday in January 2004 and shall
bear interest at the rate of 6.0 percent per annum for the date of the adoption ofthis assessment
resolution. To the first installment shall be added interest on the entire assessment from the date
ofthis resolution until December 31, 2003. To each subsequent installment when due shall be
added interest for one year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to certification ofthe assessment
to the county auditor, but no later than August 1, 2003, pay the whole of the assessment on such
property, with interest accrued to the date ofthe payment, to the city clerk, except that no
interest shall be charged ifthe entire assessment is paid within 30 days from the adoption of this
resolution; and they may, at any time after August 1, 2003, 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.
City Council 04-28-03
8
s. The city engineer and city clerk shall forthwith after August 1, 2003, but no later than September
2, 2003, transmit a certified duplicate ofthis 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 Collins
Ayes-All
2. 8:00 p.rn. Utility Easement Vacation-Schroeder Milk (2080 Rice Street)
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Robert Banken, 2211 Regent, White Bear Lake
d. Mayor Cardinal closed the public hearing.
Councilmember Juenemann moved to adopt the following resolution for the vacation of the
water utility easement on the Schroeder Milk property. The reason for this vacation is because
the easement is no longer needed due to the rerouting ofthe water main:
RESOLUTION 03-04-069
EASEMENT VACATION RESOLUTION
WHEREAS, the Schroeder Milk Company has applied for the vacation ofthe following:
Water main easement recorded under document number 1066193.
WHEREAS, the history ofthis vacation is as follows:
1. On April 7, 2003, the planning commission recommended that the city council approve this
vacation.
2. On April 28, 2003, 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 the
property located at 2080 Rice Street, legally described as follows:
That part of the following described property:
That part of the Northwest Quarter ofthe Northwest Quarter of Section 18, Township 29, Range 22,
Ramsey County, Minnesota, lying South ofthe South line of REGISTERED LAND SURVEY NO. 447,
files of the Registrar of Titles, Ramsey County, Minnesota, and North ofthe North line ofIRENE'S
ADDITION TO THE CITY OF ST. PAUL, according to the recorded plat thereof, Ramsey County,
City Council 04-28-03
9
Minnesota.
And
Blocks 1, 2 and 3 of said IRENE'S ADDITION TO THE CITY OF ST. PAUL, together with alleys in
Blocks 1,2 and 3 vacated by Doc. No. 650000; and that part of McMillan Street, vacated, lying East of
the Right of Way of Rice Street as widened, in Book 1312 of Deeds, page 421 as platted in IRENE'S
ADDITION TO THE CITY OF ST. PAUL, vacated by Doc. No. 650001; and all of Kenna Street,
vacated and all of Irene Street, vacated, as platted in IRENE'S ADDITION TO THE CITY OF ST.
PAUL, vacated by Doc. No. 650001.
And
All that part of the fractional West Yz ofthe Northwest Quarter of Section 18, Township 29 North, Range
22 West, described and bounded as follows:
Commencing at a point on the East line of said West Yz of the Northwest Quarter 1214 feet North of the
Southeast corner of said West Yz of Northwest Quarter; thence running West on a straight line 1061 feet
to the West line ofthe West Yz of Northwest Quarter; thence North on the said West line 200 feet; thence
East on a straight line to the East line of said West Yz of Northwest Quarter at a point 200 feet North of
the place of beginning; thence South on said East line 200 feet to the place of commencement.
Which lines easterly of a line described as commencing at the southeast corner of said REGISTERED
LAND SURVEY NO. 447; thence South 89 degrees 16 minutes 00 seconds West, assumed bearing,
along the south line of said REGISTERED LAND SURVEY NO. 447, a distance of739.18 feet to the
point if beginning of the line to be described; thence South 0 degrees 46 minutes 13 seconds East a
distance of 802.76 feet to the south line of the above described property and said line there terminating.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described
easement vacation because the easement is no longer needed due to the rerouting ofthe water main.
Seconded by Councilmember Koppen
Ayes-All
3. 8:05 p.rn. Sibley Cove Apartments Reconsideration (County Road D)
Land Use Plan Change (BC to R-3 (H)) (4 Votes)
Conditional Use Permit for a Planned Unit Development
Design Approval
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
c. Commissioner Mueller presented the Planning Commission Report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
David Steele, the applicant, MWF Properties
Keith Larson, 1990 East County Road D, Maplewood
Shirley Muelker, 266 Hardsman Ave. South, St. Paul
Gary Olson, 2330 Maplewood Lane E, Maplewood
City Council 04-28-03
10
Pat Flaherty, 3100 Arial Street Maplewood
Bob Larson, 1990 East County Road D, Maplewood
Sally Renish, 2025 East County Road D, Maplewood
Bob Bankers, 3100 Ariel Street, Maplewood
Hans Neve, 2998 Chishom Parkway, Maplewood
Howard Nelson, 2175 East County Road D, Maplewood
Howard Simon, 1990 East County Road D, Maplewood
Bonnie Woodbeck, 2025 Ide Streeet #104, Maplewood
Kurt Soular, 2974 Chisholm Parkway, Maplewood
e. Mayor Cardinal closed the public hearing.
Councilmember Collins moved to adopt the following resolution for the land use plan change
from BC (business commercial) to R-3 (H) (residential high density). This is for the 7. I-acre site
ofthe Sibley Cove Housing Development:
RESOLUTION 03-04-070
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, David Steele, representing MWF Properties, applied for a change to the city's land use plan
from BC (business commercial) to R-3(H) (residential high density).
WHEREAS, this change applies to the undeveloped property located on the south side of
County Road D, west of Ariel Street and east of White Bear Avenue.
WHEREAS, the history ofthis change is as follows:
1. On February 19, 2003, 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 proposed
plan amendment.
2. On March 10, 2003, the city council discussed the land use plan change. They considered
reports and recommendations from the planning commission and city staff.
3. On April 28, 2003, the city council again considered this request. The council again considered
reports from city staff and the testimony given at the meeting.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described changes for
the following reasons:
1. This site is proper for and consistent with the city's goals, objectives and policies for high-
density residential land use in the comprehensive plan. This includes:
a. Creating a transitional land use between the existing residential and commercial land
uses.
b. Being near a collector street, being between two arterial streets and is near open space and
shopping and services.
City Council 04-28-03
11
2. This development will minimize any adverse effects on surrounding properties because:
a. The on-site pond and large setback from W oodlynn Avenue will separate the apartment
building from the properties to the south.
b. There should be no significant traffic increase from this development on existing local
residential streets. The existing street pattern keeps the apartment traffic separate from the
existing single dwellings and other residences.
There should be less traffic from this development than from a commercial development on the same site.
Seconded by Councilmember Wasiluk
Ayes-All
Councilmember Juenemann moved to adopt the following resolution for a conditional use permit
for a planned unit development for the Sibley Cove Apartment Development on County Road D,
west of Aerial Street:
RESOLUTION 03-04-071
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mr. David Steele, representing MWF Properties, applied for a conditional use permit
(CUP) for the Sibley Cove apartment planned unit development (PUD).
WHEREAS, this permit applies to the undeveloped property on the south side of County Road D
between Ariel Street and White Bear Avenue. The legal description is:
PARCEL A:
The Easterly 239.00 feet ofthe Westerly 329.31 feet ofthe Southerly 428.33 feet of the Northerly
681.33 feet ofthe Northwest Quarter ofthe Northeast Quarter of Section 2, Township 29 North, Range
22 West, Ramsey County, Minnesota.
PARCEL B:
That part of the Northwest Quarter ofthe Northeast Quarter of Section 2, Township 29, Range 22, more
completely described as follows:
Commencing at a point 33 feet South ofthe North Y4 corner of said Section 2; thence running
South on North and South Y4line of said Section 2, a distance of 615.15 feet to a point; thence
East a distance of 90.31 feet to a point; thence North a distance of 615.15 feet to a point on the
South right-of-way line of County Road "D"; and thence West, a distance of90.31 feet to the
point of beginning.
PARCEL C:
The North Ten (N 10) acres of the East Twenty (E 20) acres ofthe North Half(N Yz) ofthe Northwest
Quarter (NW Y4) of Section Two (2), Township Twenty-nine (29) North, Range Twenty-two (22) West,
according to the United States Government Survey thereof, subject to White Bear Avenue and County
Road "D", excepting the following portions thereof, to wit:
Except the South One hundred (S 100) feet thereof; and
City Council 04-28-03
12
Except that part thereoflying West of the Easterly line of White Bear Avenue; and
Except that part thereof described as follows:
Beginning at the southeast corner of County Road "D" and White Bear Avenue; thence running
East along the Southerly line of said County Road "D", Seventy-five (75) feet; thence running
South and parallel with the West line of said Section Two (2), One hundred twenty-five (125)
feet; thence West and parallel with the Southerly line of said County Road "D" to a point on the
Easterly line of White Bear Avenue; thence Northerly along the Easterly line of said White Bear
Avenue to the point of beginning; and
Except that part thereof described as follows:
Beginning at a point on the Southerly line of County Road "D", a distance of One hundred
seventy-five (175) feet Easterly of the Southeast corner ofthe intersection of County Road "D"
and White Bear Avenue; thence running Southerly on a line parallel with the West section line of
said Section Two (2) for a distance of One hundred twenty-five (125) feet; thence Westerly on a
line parallel to the Southerly right of way line of County Road "D" to a point, Seventy-five (75)
feet Easterly ofthe Easterly right of way line of White Bear Avenue; thence Northerly on a
deflection angle of Ninety (90) degrees to the Southerly right of way line of said County Road
"D"; thence Easterly along said right of way line to the point of beginning; and
Except that part thereof described as follows:
The West One hundred fifty (W 150) feet ofthe East Three hundred sixty-seven (E 367) feet of
the North Three hundred forty and fifty hundredths (N 340.50) feet thereof, except County Road
"D" right of way, and
Except that part thereof described as follows:
Commencing at the Southeast corner of White Bear Avenue and County Road "D"; thence
Easterly along the South line of County Road "D" a distance of One hundred seventy-five (175)
feet; thence in a Southerly direction and parallel to the West line of said Section Two (2), a
distance of One hundred twenty-five (125) feet to the point of beginning; thence in a Southerly
direction and parallel to the West line of said Section Two (2), a distance of Ninety-five (95)
feet; thence in a Westerly direction and parallel to County Road "D" to the Easterly line of
White Bear Avenue; and thence Northwesterly along the East line of White Bear Avenue, a
distance of Ninety-five and eleven hundredths (95.11) feet; thence Easterly and parallel to
County Road "D" to the point of beginning; and
Except that part thereof described as follows:
Commencing at a point on the centerline of County Road "D" and Thirty-three (33) feet East of
the centerline of White Bear Avenue; thence in a Southerly direction along the East line of White
Bear Avenue, a distance of Three hundred forty and eighty-seven hundredths (340.87) feet to the
point of beginning; thence East and parallel with County Road "D", a distance of Three hundred
thirteen and ninety hundredths (313.90) feet; thence South, One hundred fifty-three (S 153.0)
feet; thence West and parallel with County Road "D", a distance of Three hundred eight and
sixty-two hundredths (308.62) feet to the East line of White Bear Avenue; thence in a Northerly
direction, One hundred fifty-three and nineteen hundredths (153.19) feet to the point of
beginning; and
City Council 04-28-03
13
Except that part thereof described as follows:
Commencing at a point on the Easterly line of White Bear Avenue, Two hundred twenty and
twenty-six hundredths (220.26) feet Southerly ofthe Southeast corner of the intersection of
County Road "D" and White Bear Avenue; thence Easterly on a line drawn parallel to the
Southerly right of way line of County Road "D", a distance of One hundred sixty-seven and six
hundredths (167.06) feet; thence Southerly at an angle of Ninety (90) degrees, a distance of
Eighty-seven and fifty hundredths (87.50) feet; thence Westerly on a line drawn parallel to the
Southerly right of way line of County Road "D" to the Easterly right of way line of White Bear
Avenue; thence Northerly along said Easterly line of White Bear Avenue to the point of
beginning; and
Except that part of the following described parcel lying Westerly of the Easterly 114.15 feet thereof;
That part of the North 10 acres of the East 20 acres of the North Half of the Northwest Quarter of
Section 2, Township 29, Range 22, Ramsey County, Minnesota, described as follows:
Beginning at the intersection ofthe Easterly right-of-way line of White Bear Avenue and the
North line ofthe South 100 feet of said North 10 acres; thence Easterly along said North line of
the South 100 feet, a distance of309.40 feet; thence Northerly at a right angle, 155.94 feet to a
point on a line parallel with and distant 493.50 feet South of the North line ofthe Northwest
Quarter of Section 2; thence Westerly along said parallel line to the Easterly right-of-way line of
White Bear Avenue; thence Southerly along said right-of-way line to the point of beginning.
All in the NE 1/4 of Section 2, Township 29, Range 22. (PINs 02-29-22-12-0009, 02-29-22-12-0010
and 02-29-22-21-0017)
WHEREAS, the history of this conditional use permit is as follows:
1. On February 19, 2003, the planning commission recommended that the city council approve
this permit.
2. On March 10, 2003, 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 ofthe city staff and planning commission.
3. On April 28, 2003, the city council held another public hearing about this proposal. The city
staff published a notice in the paper and sent notices to the nearby property owners. The city
council gave everyone at the hearing a chance to speak and to present written statements. The
council also considered reports and recommendations ofthe city staff and ofthe 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 ofthe surrounding area.
City Council 04-28-03
14
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.
s. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans date-stamped January 24, 2003. The city council may
approve major changes. The director of community development may approve minor changes.
2. The proposed construction must be substantially started within one year of council approval or
the permit shall end. The council may extend this deadline for one year.
3. Have the city engineer approve final construction and engineering plans. These plans shall
include: grading, utility, drainage, erosion control, streets, sidewalks, tree and driveway and
parking lot plans. In addition, the applicant shall include:
a. Changes to the plans to minimize the loss or removal of natural vegetation including
keeping and protecting as many of the large trees along the north and east property lines (near
the daycare center) as possible.
b. Revised plans for storm water pond locations and designs as suggested or required by the
watershed district or city engineer. The ponds shall meet the city's design standards and shall
include best management practices and rainwater gardens wherever practical.
c. A storm water management plan for the proposal.
d. All the changes and meet all the conditions noted by the city engineer in the memo
dated February 10, 2003.
4. The design ofthe pond shall be subject to the approval of the city engineer. The developer shall
provide to the city a 20-foot-wide drainage and utility easement over the storm sewer pipe
between the pond and the Arial Street right-of-way.
City Council 04-28-03
15
s. The developer or contractor shall:
a. Complete all grading for the site drainage and the pond, complete all public
improvements and meet all city requirements.
b. Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris, junk and garbage from the site.
d. Install a 6-foot-wide concrete sidewalk along the west side of Ariel Street between
County Road D and Woodlynn Avenue.
e. Provide the city with verification that the apartment building will meet the state's
noise standards. This shall be with a study, testing or other documentation. Ifthe noise
on this site is a factor, then the contractor will have to build the apartment building so
that it can meet the noise standards. This may be done with thicker walls, heavier
windows, requiring air conditioning or other sound-deadening construction methods.
The developer shall provide the city with this documentation before the city will issue a
building permit for the apartment building.
6. There shall be no outdoor storage of recreational vehicles, boats or trailers.
7. Residents shall not park trailers and vehicles that they do not need for day-to-day
transportation on site. Ifthe city decides there are excess parking spaces available on site,
then the city may allow the parking of these on site.
8. The developer shall provide an on-site storm shelter in the apartment building. This
shelter shall be subject to the approval ofthe director of emergency preparedness. It shall
have a minimum ofthree square feet per person for 80% ofthe planned population.
9. The city council shall review this permit in one year.
10. The owner/manager of Sibley Cove shall require every tenant to review and sign a
"noise disclaimer" with their lease agreement. This disclaimer form shall be
approved by the city staff.
Seconded by Councilmember Wasiluk
Ayes-All
Councilmember Wasiluk moved to approve the design plans for Sibley Cove Apartment
Development on County Road E, West of Aerial Street. This approval is for the 80-unit
building and does not include the 20-unit addition on the east end ofthe site. The city bases
this approval on the findings required by the code, and 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
proj ect.
2. Complete the following before the city issues a grading permit or a building permit:
a. Have the city engineer approve final construction and engineering plans. These
City Council 04-28-03
16
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, water elevation and contour
information. These shall include the normal water elevation and 100-
year high water elevation.
(b) Include contour information for the land that the construction will
disturb.
(c) Show sedimentation basins or ponds as required by the watershed
board or by the city engineer. The ponds or basins shall meet the
city's design standards and shall include best management practices
and rainwater gardens wherever practical.
(d) Show all proposed slopes steeper than 3:1 on the proposed
construction plans. The city engineer shall approve the plans,
specifications and management practices for any slopes steeper than
3: 1. This shall include covering these slopes with wood-fiber blankets
and seeding them with a "no mow" vegetation rather than using sod or
grass.
(e) Show all retaining walls on the plans. Any retaining walls more than
four feet tall require a building permit from the city.
(f) Show as little disturbance as possible on the north and east sides of
the site (near the daycare center) to minimize the loss or removal of
natural vegetation. This is to keep and protect as many of the large
trees along the north and east property lines (near the daycare center)
as possible.
(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 no tree removal beyond the approved grading and tree limits.
(d) Be consistent with the approved grading and landscape plans.
(4) The design of the storm water pond shall be subj ect to the approval ofthe
city engineer. The developer shall be responsible for getting any needed
City Council 04-28-03
17
off-site grading or drainage easements and for recording all necessary
easements.
(5) All the parking areas and driveways shall have continuous concrete curb
and gutter.
(6) The driveways shall meet the following standards:
24-foot width--no parking on either side and 28-foot width--parking on one
side
The developer or contractor shall post the driveways with no parking signs
to meet the above-listed standards.
(7) The developer shall disturb as little as possible ofthe area along the north
and east property lines near the daycare center. Change the grading plan for
this part of the site as recommended by the city engineer.
(8) The developer shall install a six-foot-wide concrete sidewalk along Ariel
Street between the existing sidewalk north of W oodlynn Avenue and the
south property line ofthe daycare center.
(9) Include a storm water management plan, including drainage and ponding
calculations, for approval by the city engineer.
(10) Make all the changes and meet all the conditions noted by the city engineer
in the memo dated February 10, 2003.
b. Submit a lawn-irrigation plan to staff showing the location of sprinkler heads.
c. Submit a certificate of survey for all new construction.
d. Submit a revised landscape plan for city staff approval showing:
(1) As much ofthe existing vegetation (including large trees) remaining along
the northern and eastern property lines (near the daycare center) as possible.
(2) The manicured or mowed areas from the natural areas. This shall include
planting (instead of sodding) the disturbed areas on the south side of the
parking lot around the storm water pond with native grasses and native
flowering plants. The native grasses and flowering plants shall be those
needing little or no maintenance. This is to reduce maintenance costs and to
reduce the temptation of mowers to encroach into the pond. Specifically,
the developer shall have the natural areas seeded with an upland mixture
and lowland mixtures as appropriate.
(3) The planting of native grasses, flowering plants and low-level shrubs around
the proposed storm water pond. These materials shall extend at least four
feet from the ordinary high water mark (OHWM) ofthe pond.
City Council 04-28-03
18
(4) The planting details (including flowering plants and shrubs) for the
rainwater garden at the northeast corner ofthe building.
e. Get the necessary approvals and permits from the watershed district.
f. Submit a revised site lighting plan for city staff approval. This plan shall show
how the lighting on the building would add to the site lighting, and the plan should
have additional lighting near the driveways, where they intersect the public streets,
so the driveways are adequately lit. This plan also shall show details about the
proposed light fixtures to ensure they are a design that hides the bulb and lens from
view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to
properly shield glare from the adjacent street right-of-ways and from adjacent
properties.
g. The developer shall record the following with Ramsey County:
(1) The documentation to combine the properties into one property for tax and
identification purposes.
(2) A ten-foot-wide permanent easement for public street right-of-way and
public utility purposes along the south side of the County Road D right-of-
way.
h. Have the Saint Paul Regional Water Services (SPRWS) review and approve the
proposed utility plans.
1. The fire chief shall approve the access to the back (northeast side) of the building
for firefighting needs.
J. Submit plans for city staff approval for any outdoor trash or recycling containers
and enclosures. Ifthe developer wants to build such facilities, the enclosure shall
have materials that are compatible with the building, and they shall have gates that
are 100 percent opaque.
k. Submit plans for city staff approval ofthe south elevation, including the garage.
I. Submit samples of the proposed building materials and colors to staff for approval.
m. Provide the city with verification that the apartment building will meet all state
noise standards. This shall be with a study, testing or other documentation. Ifthe
noise levels on this site violate any of the state standards, then the contractor will
have to construct the building so that it can meet the noise standards. This may be
done with thicker walls, heavier windows, requiring air conditioning or other
sound-deadening construction methods. The developer shall provide the city with
this documentation before the city will issue a building permit for the building.
n. A letter of credit or cash escrow for all required exterior improvements. The
amount shall be 150 percent of the cost ofthe work.
City Council 04-28-03 19
o. This approval does not include the 20-unit addition on the east end of the site. The
developer or builder shall submit all necessary plans to the CDRB for their
approval before the city may issue a building permit for this part ofthe project.
3. Complete the following before occupying the building:
a. Replace property irons that are removed because ofthis construction.
b. Restore and sod damaged boulevards.
c. Install reflectorized stop signs at each exit, a handicap-parking sign for each
handicap-parking space and an address on the building. In addition, the applicant
shall install "no parking" signs within the site, as required by staff.
d. Paint any roof-top mechanical equipment to match the uppermost part of the
building. Screen all roof-mounted equipment visible from streets or adjacent
property. (code requirement)
e. Construct trash dumpster and recycling enclosures as city code requires for any
dumpsters or storage containers that the owner or building manager would keep
outside the building. Any such enclosures must match the materials and colors of
the building.
f. Install and taper the concrete sidewalk along Ariel Street to match the driveways.
g. Install and maintain an in-ground sprinkler system for all landscaped areas.
h. Install continuous concrete curb and gutter along all interior driveways and around
all open parking stalls.
1. Install on-site lighting for security and visibility that follows the approved site
lighting plan. All exterior lighting shall follow the approved lighting plan that
shows the light spread and fixture design. The light fixtures must have concealed
lenses and bulbs to properly shield glare from the adjacent street right-of-ways and
from adjacent properties.
J. Install a six-foot-high solid screening fence along the west property line of the site.
The location, design and materials ofthe fence shall be subject to city staff
approval.
k. Install a quality video surveillance system that covers the underground garage and
its entrance/exit doors. This system shall be subject to the approval ofthe
Maplewood Police Department.
I. The developer or contractor shall:
(1) Complete all grading for the site drainage, complete all public
improvements and meet all city requirements.
City Council 04-28-03
20
(2) Place temporary orange safety fencing and signs at the grading limits.
(3) Remove any debris or junk from the site.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or
welfare.
b. The above-required letter of credit or cash escrow is held by the city for all
required exterior improvements. The owner or contractor shall complete any
unfinished landscaping by June 1 if the building is occupied in the fall or winter, or
within six weeks of occupancy ifthe building is occupied in the spring or summer.
c. The city receives an agreement that will allow the city to complete any unfinished
work.
s. This approval does not include the signs.
6. All work shall follow the approved plans. The director of community development may
approve minor changes.
Seconded by Councilmember Juenemann
Ayes-All
A five-minute break was taken.
4. 9:40 p.rn. Tax Abatement Hearing
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Paul Steinman, Vice President, Springstead, a financial consultant for the city, explained
the tax abatement plan.
d. Mayor Cardinal closed the public hearing
Councilmember Collins moved to adopt the following resolution providing the maximum
amount of abatement. This is with the understanding that the Council has total discretion in
determining a final abatement amount lower than the resolution and hearing notice indicates:
RESOLUTION NO. 03-04-072
RESOLUTION APPROVING PROPERTY TAX ABATEMENTS
City Council 04-28-03
21
FOR THE LEGACY VILLAGE PROJECT
BE IT RESOLVED by the City Council (the "Council") ofthe City of Maplewood,
Minnesota (the "City"), as follows:
1. Recitals.
(a) The Hartford Group (the "Developer") proposes to construct a mixed use development of
approximately 120-132 senior multifamily, 224-244 multifamily rental townhomes, 100-120
multifamily apartments, 150-230 multifamily owner occupied townhomes, and between 205,000 and
390,000 square feet of commercial space on property commonly known as the "Hajicek" property
located immediately west of Maplewood Mall, and property currently occupied by 5 homes
bordering the east and fronting on Hazelwood Avenue, adjacent to the Hajicek property. The
Developer has requested that the City abate the City's share of the property taxes to be generated
from this development. In addition, the City has a desire to abate its share ofthe property taxes to be
generated from this development to pay a portion ofthe costs of providing the public infrastructure
necessary for the development. The maximum term of such abatement will be for fifteen (15) years
beginning in 2005 and ending in 2019, pending denial of participation in the abatement by either the
County or School District. Should all three (3) governmental units, (City, County,
School District), agree to participate in the abatement, the maximum term will be for ten (10) years
beginning in 2005 and ending in 2014. The abatement will apply to property described by property
identification numbers on the attached "Exhibit A." The revenues that are generated through the
abatement program will provide a source of funds to acquire and demolish the five (5)
aforementioned residential homes, and pay other costs related to such acquisition and demolition;
and to finance the cost of road construction/reconstruction, storm sewer, streetscape improvements,
wetland enhancements, sanitary sewer, and water improvements, and costs related to such
improvements which include financing, legal and administrative expenses including, but not limited
to the following projects:
(i) County Road D (Hazelwood - 61)
(ii) County Road D (61 - Highbridge)
(iii) TH 61 (Beam to 1- 694)
(iv) County Road D (Hazelwood - WBA)
(v) County Road D water mainTH 61 frontage road
(vi) Kennard Street (Beam - D)
(vii) Hazelwood (C - Beam)
(viii) Hazelwood (Beam - D)
(ix) White Bear Avenue
(x) County Road D/Southlawn
22
City Council 04-28-03
(b) On the date hereof, the Council held a public hearing on the question of the
Abatement, and said hearing was preceded by at least 10 days but not more than 30
days prior published notice hereof.
(c) The Abatement is authorized under Minnesota Statutes, Sections 469.1812 through
469.1815 (the "Abatement Law").
2. Findings for the Abatement. The City Council hereby makes the following findings:
1. The Council expects the benefits to the City of the Abatement to at least equal the costs
thereof because the Council expects that the Project will have an estimated market value for
tax purposes of between $123,040,000 and $175,295,000, generating estimated annual
property taxes to the City of Maplewood of approximately $643,232 - $925,837 per year.
The abatement program is intending to finance acquisition, demolition, and infrastructure
costs equal to the amount of anticipated abatement revenues. In addition, the completion of
the Project fulfills a primary development goal ofthe City.
2. Granting the Abatement is in the public interest because it will increase or preserve the tax
base of the City, provide employment opportunities in the City, finance acquisition,
demolition, and public infrastructure and help develop an undeveloped area.
3. The Council expects the public benefits described above to be derived from the Abatement
will equal or exceed the costs to the City thereof.
4. The Property is not located in a tax increment financing district.
s. In any year, the total amount of property taxes abated by the City by this and other
resolutions does not exceed the greater offive percent (5%) ofthe current levy or $100,000.
3. Terms of Abatement. The Abatement is hereby approved. The terms ofthe Abatement are as follows:
1. The Abatement shall be for fifteen (15) years and shall apply to the taxes payable in the
years 2005 through 2019, inclusive.
2. The Abatement shall be as follows: for property taxes payable on the Project in each ofthe
years 2005 through 2019, the City will abate the City's property tax amount generated by the
Proj ect which the City has received; provided that there shall be no Abatement if the
proposed acquisition, demolition, and infrastructure improvements are not undertaken and
provided further that the total amount of the Abatement shall not exceed the actual
acquisition, demolition, and infrastructure costs.
3. The Abatement may be modified or changed every second year after the date hereof during
the term set forth in (a) above, with the consent ofthe Developer and approval ofthe City.
4. The Abatement shall be subject to all the terms and limitations ofthe Abatement Law.
S. The City or the Developer will finance acquisition, demolition, and infrastructure costs. If
the Developer incurs the acquisition, demolition, and infrastructure improvement costs, the
Abatement will be paid to the Developer pursuant to an Abatement Agreement executed as
provided in (f) below. If the City incurs the acquisition, demolition, and infrastructure
improvement costs, the Abatement will be retained by the City. Abatement revenues will be
applied to reimburse costs incurred for acquisition, demolition, and infrastructure, including
financing-related costs. Reimbursement will be limited to the lesser of actual acquisition,
demolition, and infrastructure costs or the amount of abatement revenues received during the
fifteen (15) year abatement term.
23
City Council 04-28-03
6. To be entitled to the Abatement if the Developer incurs the acquisition, demolition, and
infrastructure improvement costs, the Developer and the City will execute an Abatement
Agreement, but not prior to approval by the City Council. If any provision ofthis resolution
conflicts with any provision ofthe Abatement Agreement, the latter shall apply and govern.
7. In order to be entitled to the Abatement, the Developer shall not be in default within the City
of any of its payment obligations respecting any taxes, assessments, utility charges or other
governmental impositions.
Exhibit A
Property Identification Numbers of the Abatement Area
032922120001 - Hajicek
032922120002 - Hajicek
032922120003 - Hajicek
032922120004 - Hajicek
032922120005 - Hajicek
032922120006 - Hajicek
032922120007 - Hajicek
032922120015 - Hajicek
032922120016 - Hajicek
032922120017 - Hajicek
032922120018 -Hajicek
032922120019 - Hajicek
032922120020 - Hajicek
032922110002 - Hajicek
Seconded by Councilmember Wasiluk
03 2922120009 - Gates
03 29221200 10 - Supan
032922120021 - Gebhard & Uhlenbrauck
03 2922120023 - Peterson
032922120024 - Kincaid
Ayes-All
I. AWARD OF BIDS
1. Award of Lighting Contract to Excel Energy for Edgerton Park Parking Lot
a. City Manager Fursman presented the staff report.
b. Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Wasiluk moved to proceed with the Xcel Energy outdoor lighting product with
the monies to be budgeted for the park development fund and, furthermore, that the finance
director make the necessary financial adiustment from the park development fund to pay for the
proposed improvement to Edgerton Park.
Seconded by Councilmember Koppen
Ayes-All
2. Parkway Lift Station Removal Improvements, Project 02-14: Resolution for Award of
Bids
24
City Council 04-28-03
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Wasiluk moved to approve the following resolution accepting the bids and
awarding construction contract to Forest lake Contracting Inc. in the amount of $412,760.00:
RESOLUTION 03-04-073
RECEIVING BIDS AND
AWARDING CONSTRUCTION CONTRACT
WHEREAS, pursuant to resolution passed by the city council on March 31, 2003, plans and
specifications for the Parkway Lift Station Removal Improvements have been approved, and
WHEREAS, pursuant to resolution passed by the city council on March 31, 2003, bids were
received and publicly opened and read aloud on April 18, 2003 as follows:
1. Forest Lake Contracting
2. F.M. Frattalone Excavating & Grading
3. Shurcon, Inc.
4. Lametti & Sons, Inc.
S. Barbarossa and Sons, Inc..
$412,760.00
$450,020.00
$536,465.00
$587,246.00
Bid Rejected
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLE WOOD, MINNESOTA:
1. Said bids as opened on April 18, 2003 are hereby received and acknowledged.
2. A construction contract in the amount of $412,760 is hereby awarded to the lowest
responsible bidder, Forest Lake Contracting, Inc. and the mayor and city manager are hereby
authorized to execute said construction contract.
3. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan.
Seconded by Councilmember Koppen
Ayes-All
3. Phone System Bid Award and Contracts for Related Equipment
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
c. Tom Pavak, with Elert Associates provided further specifics.
Councilmember Koppen moved to authorize the following contracts:
Ideacom Mid-America-phone system at City Hall campus ad remote sites $189,187
Comcast-fiber optic installation to four remote sites $63,810
25
City Council 04-28-03
ECost.com-Data Switches $20,805
Biznet.com-Fiber Modules $17,500
Cabling Services, Corp-Fiber Patch Cabling $2,800
10% Contingency $29,410
The appropriate budget changes totaling $323,512
Seconded by Councilmember Juenemann
Ayes-All
J. UNFINISHED BUSINESS
1. Van Dyke Village Town Houses (Van Dyke Street, north of County Road B)
Conditional Use Permit for Planned Unit Development
Design Approval
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
c. Bruce Mogren, the developer, provided further specifics.
Councilmember Wasiluk moved to adopt the following resolution approving a conditional use
permit for a 20 unit planned development for the VanDyke Village Town House Development
on the west side of Van Dyke Street, north of County Road B:
RESOLTUlON 03-04-074
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mr. Bruce Mogren applied for a conditional use permit to build a 20-unit town house
development known as Van Dyke Village.
WHEREAS, this permit applies to the property at the west side of Van Dyke Street, north of County
Road B and east of White Bear Avenue. The legal descriptions are:
Parcell: That part ofthe West 90 feet of the East 360 feet of Lot 2, Block 20, Smith and Taylor's
Addition of North St. Paul, lying East ofthe West 41 feet thereof; including that part ofthe North
half of adjoining Sandhurst Avenue, vacated, lying between the extension and across said street of
the East line ofthe West 41 feet of the East 360 feet of Lot 2, and the West line ofthe East 270 feet
of said Lot 2.
Parcel 2: The East 270 feet of Lot 2, Block 20, together with the North 2.65 feet of said Lot 2,
Block 20, except the West 233.14 feet thereof, and the South 2.65 feet of Lot 1, Block 20 except the
West 233.14 feet thereof, all in Smith and Taylor's Addition to North St. Paul, accruing thereto by
reason of vacation thereof.
Parcel 3: All that part of Lot 1, Block 20, Smith and Taylor's Addition to North St. Paul, except the
South 2.65 feet thereof, and except that part described as follows: Commencing at a point on the
West line of said Lot 1, distant 2.65 feet North ofthe Southwest corner of said Lot 1; thence East
parallel to the South line of said Lot 1 a distance of271.49 feet; thence North on a straight line to a
point on the North line of said Lot 1, distant 272.06 feet East ofthe Northwest corner of said Lot 1;
thence West along said North line of Lot 1 a distance of272.06 feet to said Northwest corner of said
26
City Council 04-28-03
Lot 1; thence South along the West line of said Lot 1 a distance of 121.38 feet to the point of
beginning, and except the South Yz of vacated Laurie Avenue lying adjacent to the North ofthe
excepted tract and herein described.
Parcel 4: All that part of Lot 2, Block 13, Smith and Taylor's Addition to North St. Paul including
the North half of vacated Laurie Avenue, lying adjacent to and South ofthe tract herein described,
except that part of Lot 2, Block 13, described as follows: Commencing at the Southwest corner of
said Lot 2, thence East along the South line of said Lot 2 a distance of 272.33 feet to a point, thence
Northerly on a straight line to a point ofthe North line of said Lot 2, a distance of272.01 feet to the
Northwest corner of said Lot 2; thence southerly along the West line of said Lot 2, to the point of
beginning and excepting there from that part taken for widening of White Bear Avenue, and except
the North Yz of vacated Laurie Avenue lying adjacent to and south ofthe excepted tract herein
described.
WHEREAS, the history of this conditional use permit is as follows:
1. On March 3, 2003, the planning commission reviewed this request but did not make a
recommendation about this permit.
2. On April 14, 2003, the city council held a public hearing. City staff published a notice in the
paper and sent notices to the surrounding property owners. The council gave everyone at the
hearing a chance to speak and present written statements. The council also considered reports
and recommendations from the city staff and planning commission. The council, with the
approval ofthe applicant, tabled action on this request.
3. On April 28, 2003, the city council continued their discussion about this proposal. The council
gave everyone at the meeting a chance to speak and to present written statements.
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 ofthe surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances.
s. 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.
27
City Council 04-28-03
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. The final construction plans may show up to 20 town houses as 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 revising the grading and site
plans to show:
a. The developer minimizing the loss or removal of natural vegetation.
b. All driveways at least 20 feet wide. Ifthe developer wants to have parking on one side
ofthe driveway, then it must be at least 28 feet wide.
c. All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet.
d. Revised storm water pond locations and designs as suggested or required by the
watershed district or city engineer. The ponds shall meet the city's design standards.
e. The developer minimizing the loss or removal of natural vegetation including keeping
and protecting as many of the trees as possible.
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 with no more than
20 units. These plans shall meet all the conditions and changes noted in the engineer's memo
dated February 24, 2003. These shall include:
a. The grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, retaining
walls, driveway and parking lot plans.
b. A storm water management plan for the proposal.
4. The design of all ponds and rainwater gardens shall meet Maplewood's design standards and
shall be subject to the approval of the city engineer. Ifneeded, the developer shall be
responsible for getting any off-site pond and drainage easements.
s. The developer or contractor shall:
a. Complete all grading for the site drainage and the ponds, complete all public
improvements and meet all city requirements.
b. Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris or junk from the site.
28
City Council 04-28-03
d. Install the required sidewalk along Van Dyke Street.
6. The approved setbacks for the principal structures in the Van Dyke Village shall be:
a. Front-yard setback (from a public street): minimum - 30 feet, maximum - 40 feet
b. Rear-yard setback: 50 feet from any adjacent residential property line
c. Side-yard setback (town houses): minimum - 40 feet from the west property line and 50
feet from the south property line.
7. The developer or builder will pay the city Park Access Charges (PAC fees) for each
housing unit at the time ofthe building permit for each housing unit.
8. The developer shall close on the purchase ofthe property with the city before the city will
issue a grading or a building permit for the project.
9. The property owner shall see that the site is well maintained and properly managed and shall
have an on-site manager living on the property.
10. The city council shall review this permit in one year.
Councilmember Collins moved to extend the meetinz until all azenda items are addressed.
Seconded by Councilmember Wasiluk
Ayes-All
2. County Road D Realignment Improvements, Projects 02-07 and 02-08: Discussion of
Property Alignment Issues and Presentation of Stormwater/Wetland Management Plan-
DISCUSSION ONLY: NO ACTION PROPOSED
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
c. The following persons were heard:
Karl Keel, URS, consultant for the project
Ron Leaf, SEH, engineers for the project
Mark Guess, MNDOT
K. NEW BUSINESS
2. Lydia Avenue and Joy Road: Request for Stop Sign on County Road
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
c. Dave Johnson, 2587 Lydia Avenue presented his request.
29
City Council 04-28-03
Councilmember Collins moved to approve directing the City Engineer to request that Ramsey
County conduct an engineering evaluation ofthe JOY Road/Lydia Avenue/Lake Boulevard
intersection to determine whether a stop sign is warranted.
Seconded by Councilmember Juenemann
Ayes-All
3. Public Works Building Addition, Project 03-19: Authorize Project Funding and Planning
Study
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Wasiluk moved to approve authorization of a proiect to expand the Public
Works Building, direct the Finance director to transfer $200,00 from the VEM Fund to a proiect
fund, authorize the Public Works Director to have a planning and scoping study conducted to
determine the necessary improvements needed for the proiect, and authorize the Public Works
Director to conduct a process to select an architect to design the Public Works Building
Addition.
Seconded by Councilmember Juenemann
Ayes-All
L. VISITOR PRESENTATIONS
1. MaryAnn Oie, 6304 Upper 44th Street, Oakdale had questions regarding the land history
ofthe VanDyke Village property.
2. Will Rossbach, 1386 County Road D, spoke regarding the County Road D Realignment.
Councilmember Wasiluk moved to give consideration to and review another alternative ofthe
County Road D Realignment proiect.
Seconded by Mayor Cardinal
Ayes-Mayor Cardinal and Councilmember
Wasiluk
Nays-Councilmembers Collins, Juenemann
and Koppen
Motion Failed.
3. George Supan,30S0 Hazelwood N., Maplewood, commented on the new phone system
and 911 tracking capabilities.
4. Mike Kolodjski, 9521 North Shore Trail, Forest Lake, asked council to waive the IS-day
waiting period for neighbors to comment on a proposed setback due to already acquiring
consent from all neighboring parties. Council indicated that they would not appeal the
proposed setback.
M. COUNCIL PRESENTATIONS
1. Reconsideration of Hazelwood Street
30
City Council 04-28-03
Mayor Cardinal moved for reconsideration of Hazelwood Street Improvements from County
Road C to Beam Avenue.
Seconded by Councilmember Koppen
Ayes-Mayor Cardinal, Councilmembers,
Collins, Koppen and Juenemann
Nays-Councilmember Wasiluk
2. Recycling Files/Clean You Files Day-Mayor Cardinal asked staff to look into this day.
3. Recycling Day, April 26-Assistant City Manager Coleman noted how successful the day
was with more details on the amount collected coming in the future.
4. Joint Meetings with School Districts-City Manager Fursman is currently working on the
agenda and will meet with the Mayor to solidify details in the near future.
s. Sidewalks-Mayor Cardinal asked City Attorney Kelly to research the possibility of
property owners being assessed for sidewalk maintenance.
6. Environmental Issues-Mayor Cardinal gave City Manager Fursman a list of Maplewood
Leaking Underground Storage Sites provided by the Waterboard.
7. W aterfest- This event will be held Saturday, May 17th at Lake Phalen from 10 a.m. to 3
p.rn.
8. League of Minnesota Cities Award Program-Mayor Cardinal provided City Manager
Fursman with details.
9. Council Meeting Extension-Councilmember Juenemann expressed the need for staff and
council to address lengthy meetings and possibly continue meetings on Thursday's at
4:30 p.rn.
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Councilmember Collins moved to adiourn the meeting at 12:37 a.m.
Seconded by Councilmember Juenemann
Ayes-All
31
City Council 04-28-03