HomeMy WebLinkAbout07-14-2003MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 14, 2003
Council Chambers, Municipal Building
Meeting No. 03-14
A.
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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.
PLEDGE OF ALLEGIANCE
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
APPROVAL OF MINUTES
1. Minutes from the City CounciUManager Workshop June 23, 2003
Councilmember Wasiluk moved to approve the CounciUManager Workshop Minutes of June 23.
2003 as presented.
Seconded by Councilmember Collins Ayes-All
2. Minutes from the City Council Meeting
Councilmember Juenemann moved to approve the City Council Meeting Minutes of June 23,
2003 as amended.
Seconded by Councilmember Koppen Ayes-All
APPROVAL OF AGENDA
M 1. National Night Out
M2. Met Council
M3. Emergency Management Passing
M4. NEST
N1. July 22 City Council Meeting
Councilmember Wasiluk moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes-All
APPOINTMENT S/PRESENTATIONS
City Counci107-14-03
1. Nomination for Emergency Management Director
a. City Manager Fursman presented the report.
b. Mayor Cardinal presented specifics from the report.
Councilmember Koppen moved to appoint Bob Dollerschell as the Emergency Management
Director with this position falling under the Fire Department.
Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmember Koppen
Nays-Councilmembers Collins, Juenemann, and Wasiluk
Councilmember Koppen asked City Attorney Kelly if it would be appropriate to make a motion
to appoint Fire Chief Lukin as Emergency Management Director. City Attorney Kelly
responded that Mayor Cardinal is in charge of nominating the individual, and then the council
ratifies the nomination.
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS
PAYABLE
$73,700.65 Checks #61193 thru #61240 dated 6/24/03
$1,171,760.68 Disbursements via debits to checking account
dated 6/13 thru 6/19/03
$16,330.58 Checks #61241 thru #61243 dated 6/25 thru
6/27/03
$180,137.46 Checks #61244 thru #61295 dated 7/1/03
$251,389.72 Disbursements via debits to checking account
dated 6/20 thru 6/26/03
$241,788.24 Checks #61296 thru #61346 dated 7/8/03
$75,058.64 Disbursements via debits to checking account
dated 6/27 thru 7/2/03
$2,010,165.97 Total Accounts Payable
PAYROLL
$420,881.28 Payroll Checks and Direct Deposits dated
6/20/03
$24,466.07 Payroll Deduction checks #93968 thru #93973
dated 6/20/03
$423,850.36 Payroll Checks and Direct Deposits dated
7/3/03
$6,422.82 Payroll Deduction checks #94114 thru #94120
dated 7/3/03
$875,620.53 Total Payroll
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$2,885,786.50 GRAND TOTAL
2. City Clerk Department-Postage Machine Purchase
Approved the transfer of $15,480.00 from the contingency account to the City Clerk
Department for the purchase of a postage machine.
3. Temporary Gambling -Hill Murray School
Adopted the following resolution approved the temporary gambling license to be used on
October 3, 2003 for Chris Gargaro on behalf of Hill Murray School, 2625 Larpenteur:
RESOLUTION 03-07-125
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary
premises permit for lawful gambling is approved for the Hill Murray School, 2625 Larpenteur Avenue
East, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division
of the Minnesota Department of Gaming approve said permit application as being in compliance with
Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
4. Safe and Sober Grant Resolution
Adopted the following resolution to enable the Maplewood Police Department to
participate in the Safe and Sober Program for 2003-2004:
RESOLUTION 03-07-121
AUTHORIZING EXECUTION OF AGREEMENT
Be it resolved that the Maplewood Police Department enter into a grant agreement with
the Minnesota department of Public Safety, Office of Traffic Safety for the project
entitled SAFE & SOBER COMMUNITIES during the period form October 1, 2003
through September 30, 2004.
The Chief of Maplewood Police Department is hereby authorized to execute such
agreements and amendments as are necessary to implement the project on behalf of the
Maplewood Police Department and to be the fiscal agent and administer the grant.
5. Dearborn Meadow Final Plat (Castle Avenue)
Approved the Dearborn Meadow final plat that would create six lots for town houses in
the first phase of the project and would be on Castle Place, south of Castle Avenue.
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6. Schroeder Milk Financing Plan Revision (2080 Rice Street)
Adopted the following resolution authorizing the proposed changes to the existing
development and financing agreement between Schroeder Milk (2080 Rice Street) and
the City of Maplewood:
RESOLUTION 03-07-122
RESOLUTION AUTHORIZING
EXECUTION OF AN AMENDMENT TO DEVELOPMENT AGREEMENT
A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") and
Schroeder Milk Co. (the "Developer")have entered into a Development Agreement, dated as of August 27,
2001 (the "Development Agreement") in connection with the construction of an approximately 55,000
square foot expansion of the Developer's existing manufacturing facility in the City;
B. WHEREAS, both the Developer and the City intended that the jobs required to be created
underthe City's business subsidy policy have an average wage of $15 per hour with skilled positions paid at
a higher wage and unskilled positions paid at a lower wage; and
C. WHEREAS, both the Developer and the City intended that the benefit date for business
subsidy be designated as the date the Project was completed as provided by the Business Subsidy Law,
Minnesota Statutes, Section 1167.993 through 1167.995; and
D. WHEREAS, the Developer and the City have determined that modifications to the business
subsidy provisions in the Development Agreement are necessary to reflect these intentions; and
E. WHEREAS, the City and the Developer wish to amend the Development Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota, as follows:
The City Council hereby approves the First Amendment to Development Agreement in
substantially the form submitted, and the Mayor and City Clerk are hereby authorized and directed to
execute the First Amendment to Development Agreement on behalf of the City.
Home Occupation License Review - 2492 Highwood Avenue (Cullen)
Renewed the home occupation license for Jerianne Cullen and Doua Lee to operate a
sewing business from their barn on their residential property at 2492 Highwood Avenue.
8. Temporary Off-Site Gambling Resolution-Maplewood Athletic Association
Adopted the following resolution granting a temporary gambling license to conduct a
raffle to raise funds for Robert Kelly at Midway Stadium in St. Paul on August 17, 2003:
RESOLUTION 03-07-126
City Counci107-14-03
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary premises permit for lawful gambling is approved for the Maplewood Athletic
Association.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
Councilmember Juenemann moved to approve the consent agenda items as presented.
Seconded by Councilmember Koppen Ayes-All
H. PUBLIC HEARINGS
1. 7:20 P.M. Woodlynn Pond Twin Homes (County Road D, east of Ariel Street)
Wetland Buffer Variance
Conditional Use Permit for Planned Unit Development
Preliminary Plat
Design Approval
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented specifics from the
report.
o. Commissioner Pearson presented the Planning Commission Report.
d. Boardmember Longrie-Kline presented the Community Design Review Board Report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Erin Mathern, the applicant, Mendota Homes, Inc.
f Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution approving a wetland buffer
variance for the Woodlyn Ponds Twin Homes:
RESOLUTION 03-07-123
VARIANCE RESOLUTION
WHEREAS, Mendota Homes, Inc. has applied for a variance from the wetland buffer requirements
of the zoning ordinance.
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WHEREAS, this variance applies to the property at 2090 County Road D East. The legal
description is:
TRACT A, REGISTERED LAND SURVEY NO. 463, RAMSEY COUNTY
WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 25-foot-wide
wetland buffer around the three existing Class 4 wetlands on this property.
WHEREAS, the applicant is proposing to remove these wetlands and mitigate them with a better
quality, larger wetland.
WHEREAS, the history of this variance is as follows:
1. On June 16, 2003, the planning commission recommended that the city council approve this
variance.
2. The city council held a public hearing on July 22, 2003. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners as required by law.
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
variance for the following reasons:
1. The variance will be in keeping with the spirit and intent of the ordinance since the applicant will
replace three small, poorer-quality wetlands with a larger, better-quality wetland.
2. Strict enforcement of the code, by requiring the preservation of the existing wetlands, would not
result in the best use and layout of the property and would, therefore, cause undue hardship. The
three subject wetlands are not of a nature that they would be an asset to the site for either water
retention or wildlife habitat. In this instance, it is an advantage to the developer, as well as the city,
to create a useable and aesthetic wetland in lieu of the existing ones.
Approval is conditioned upon the applicant doing the following:
a. Revise the site plan to provide awetland-protection buffer around the proposed wetland. This
buffer must be an average of 25 feet wide with a minimum width of 20 feet.
b. Dedicate a wetland buffer easement to the City of Maplewood prior to obtaining a grading
permit for the project.
a Install wetland-protection buffer signs around the buffer before the first unit is occupied which
states, "WETLAND BUFFER AREA-DO NOT MOW, CUT, DUMP, DISTURB BEYOND
THIS POIlVT~ITY OF MAPLEWOOD." These signs shall be installed not more than 100
feet apart.
d. Provide a planting plan for the wetland buffer to be approved by the watershed district.
This plan shall consist of a proposal to plant the buffer with native wetland vegetation.
Seconded by Mayor Cardinal
Ayes-All
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Councilmember Koppen moved to adopt the following resolution approving a conditional use
Hermit for the Woodlyn Ponds Twin Homes:
RESOLUTION 03-07-124
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mendota Homes, Inc. applied for a conditional use permit for a planned unit development
to construct the 26-unit Woodlyn Ponds Twin Home development.
WHEREAS, Section 36-438(b) of the city code provides a means to allow flexibility in design by the
planned unit development process.
WHEREAS, this permit applies to the property at 2090 County Road D East. The legal description is:
TRACT A, REGISTERED LAND SURVEY NO. 463, RAMSEY COUNTY, MINNESOTA.
WHEREAS, the history of this conditional use permit is as follows:
1. On June 16, 2003, the planning commission recommended thatthe city council approve this permit.
2. On July 22, 2003, the city council held a public hearing. The city staffpublished 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
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into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
All construction shall follow the plans date-stamped May 20, 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.
The city council shall review this permit in one year.
4. The applicant shall provide a noise evaluation for this site to determine if freeway noise would
impact their proposed units above the maximum noise levels required by the MnPCA. If
freeway noise does exceed these levels, the applicant shall reduce the outside noise within the
units.
The homeowners association documents shall state that the visitor parking lot shall be kept open
for visitor parking and shall not be a storage area for RVs, trailers, campers and the like.
6. The applicant shall post the north-south private roadway for no parking on both sides.
7. The applicant shall make buyers aware, by a statement in the homeowners association
documentation hat the city will periodically burn the prairie grass on the abutting Maplewood
Open space property.
Seconded by Mayor Cardinal
Ayes-All
Councilmember Koppen moved to adopt the preliminary plat for the Woodlyn Ponds Twin
Homes. The developer shall complete the following before the city council approves the final
plat:
1. Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage, complete all public improvements and meet all
city requirements.
b. Pay the city for the cost oftraffic-control, street identification and no-parking signs.
c. Provide all required and necessary easements, includingten-foot drainage and utility
easements around the perimeter of the property, the wetland buffer easement and the 10-foot
pedestrian easement along the north of the property.
d. Cap and seal any wells on site.
e. Have Xcel Energy install street lights. The exact location and type of light shall be subject
to the city engineer's approval.
f Install permanent signs around the edge of the wetland buffer easement. These signs shall
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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.
g. 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 Engineering Plan Review memo dated June 6, 2003.
3. Paying for costs related to the engineering departments review of the construction plans. This
escrow amount is $1,000.
4. Label the common areas as "lots" instead of "outlots."
5. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. Also
obtain MnPCA and NPEDS (National Pollution Elimination Discharge System) permits.
6. 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.
7. 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. The applicant shall submit these prior to
obtaining a building permit.
*The developer must complete these conditions before the city issues a grading permit or
approves the final plat.
Seconded by Mayor Cardinal
Ayes-All
Councilmember Koppen moved to approve the architectural and site plans date-stamped July 1,
2003, and landscape plans date-stamped May 20, 2003 for the Woodlyn Ponds Twin Homes:
Approval is subject to the developer complying with the following conditions:
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 grading permit:
a. Have the city engineer approve final engineering plans, subject to compliance with the
Maplewood Engineering Plan Review dated June 6, 2003 from the staff report. This data
shall be considered an addendum to these conditions.
b. Dedicate a 25-foot (average width) wetland-protection buffer easement to the City of
Maplewood around the proposed wetland. This buffer may narrow to 20 feet.
c. Provide a revised landscape plan for the wetland-protection buffer for approval by the
Ramsey-Washington Metro Watershed District and the city engineer. This plan shall also
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include a defined edge to delineate the lot line between the open space prairie and the
applicants property. This edge shall be created by the installation of a decorative split-rail
fence or a tree/shrub line in addition to the proposed retaining walls. If plantings are
proposed, they shall be of anon-invasive species an shall be subject to staff approval.
d. Provide written approval from Xcel for any deck encroachment into their easement.
e. Provide engineering data for the retaining wall if the height would exceed four feet.
2. Complete the following before the city issues a building permit:
a. Provide revised north building elevations for the townhouses adjacent County Road D to
include a brick wainscot or other brick enhancement. This is subj ect to staff approval.
b. Install wetland-protection buffer signs around the wetland buffer edge which states,
"WETLAND BUFFER AREA-DO NOT MOW, CUT, DUMP, DISTURB BEYOND THIS
POIlVT~ITY OF MAPLEWOOD." These signs shall be installed not more than 100 feet
apart.
a The north-south private roadway shall have continuous concrete curb and gutter. This
roadway shall be 24 feet wide and be posted for "no parking" on both sides.
d. The 18.5-foot east driveway in front of Lots 5 & 6 by Woodlyn Avenue shall be kept free of
snow and posted for "no parking".
e. Submit alawn-irrigation plan to staff showing the location of sprinkler heads. (code
requirement)
£ Submit a certificate of survey for all new construction.
g. Get the necessary approvals and permits from the watershed district.
h. Provide the city with verification that the units will meet all state noise standards. This shall
be with a study, testing or other documentation. If the 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 maybe 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.
i. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The
amount shall be 150 percent of the cost of the work.
4. Relocate the bituminous trail to the south to widen the boulevard and to align the
trail away from the street edge.
5. Complete the following:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards.
a Install a reflectorized stop sign at County Road D.
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d. Install and maintain an in-ground sprinkler system for all landscaped areas.
e. Install streetlights at the County Road D roadway connection, at the end of the
private roadway by the visitor parking lot and at the Woodlyn Avenue driveway
connection.
f Remove the old barbed wire fencing around the perimeter of the site.
g. The landscape islands located between the town houses, in the driveways, on the
July 1, 2003, site plan are optional for the developer.
h. Install a sidewalk along the Woodlyn Avenue frontage as required in the assistant
city engineer's report.
6. 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 if the
building is occupied in the spring or summer.
a 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 Mayor Cardinal
Ayes-All
2. 7:55 P.M. Zoning Map Change - R-1 to LBC (1955 McMenemy Street) (St. Paul Area
Association of Realtors) (4 votes)
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented specifics from the
report.
c. Commissioner Pearson presented the Planning Commission Report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Brian Strube, the applicant, St. Paul Area Association of Realtors
Robert Rafferty, Rafferty, Rafferty, Tollefson Architects
Keith Holmes, President of the St. Paul Area Association of Realtors
Herb Toenjes, 1950 Hawthorne Avenue, St. Paul
Janet Johnson, 1961 McMenemy, Maplewood
Mark Johnson, 1961 McMenemy, Maplewood
Robert Rafferty, Rafferty, Rafferty, Tollefson Architects (second appearance)
Keith Holmes, President of the St. Paul Area Association of Realtors (second
appearance)
e. Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to adopt the following resolution approving a zoning map
City Counci107-14-03 11
change for 1955 McMenemy Street from single-dwelling residential (R-1) to limited business
commercial (LBC~
RESOLUTION 03-07-127
ZONING MAP CHANGE RESOLUTION
WHEREAS, the St. Paul Area Association of Realtors has requested a change to the city's
zoning map from single-dwelling residential (R-1) to limited business commercial (LBC).
WHEREAS, this change applies to 1955 McMenemy Street, Maplewood, Minnesota
WHEREAS, the legal description of the property is:
East 223 feet of the N 405 feet of the SE quarter of the SE quarter of the NE quarter of Sec. 18,
TWN 29, Range 22, except N 270 feet thereof, according to the United States Government
Survey thereof, Ramsey County, Minnesota
WHEREAS, the history of this change is as follows:
1. On June 16, 2003, the planning commission recommended that the city council approve the
rezoning change.
2. On July 14, 2003, the city council held a public hearing. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners. The council conducted
the public hearing whereby all public present were given a chance to speak and present written
statements. The city 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.
Seconded by Councilmember Collins Ayes-All
3. 8:27 P.M. Legacy Village PUD (County Road D and Southlawn Drive)
Comprehensive Plan Amendment (4 Votes)
Conditional Use Permit for Planned Unit Development
Preliminary Plat
Tax Abatement Plan
City Counci107-14-03 12
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented specifics from the
report.
c. Phil Carlson, of Dahlgren, Shardlow and Uban, a planning consultant for the city provided
further specifics of the project.
d. Commissioner Pearson presented the Planning Commission Report.
e. William Griffith, attorney for the Hartford Group presented further details.
f Paul Steinman, Vice President of Springsted, spoke on the abatement analysis for the
project.
9:33 p.m. Athree-minute break was taken.
g. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Gerald Peterson, 3016 Hazelwood Street North, Maplewood
George Supan, 3050 Hazelwood Street North, Maplewood
Kevin Berglund, 1929 Kingston Avenue East, Maplewood
Bill Griffith, attorney for Hartford Group
h. Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to adopt the following resolution approving a comprehensive
land use plan amendment for the proposed Le~acy Village on the south side of County Road D
between Southlawn Drive and Hazelwood Street:
RESOLUTION 03-07-128
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, the Hartford Group Inc. applied for a change to the city's land use plan from BC
(business commercial) to R-3H (high density residential) and P (park).
WHEREAS, this change applies to the property located on the south side of County Road D
between Southlawn Drive and Hazelwood Street. The legal description is:
Dorle Park, Lots 1-8, 14, 15, 18, 29-36, Block 2 and Except the West 10 acres, the North'/z of the
Northeast'/a in Section 3, Township 29, Range 22 (Subject to roads and easements).
WHEREAS, the history of this change is as follows:
1. On June 2, 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 tabled action on this proposal since
the applicant was in the process of revising their plans.
City Counci107-14-03 13
2. On July 7, 2003, the planning commission continued discussion of this proposal and
recommended that the city council approve this land use plan change.
3. On July 14, 2003, the city council discussed the 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
changes since they would be consistent with the comprehensive plan's goals and policies such
as:
1. This project would promote economic development that will expand the property tax base,
increase jobs and provide desirable services.
2. It would provide a wide variety of housing types.
3. It would integrate development with open space areas, community facilities and significant
natural features.
4. Adequate services would be provided such as for streets, utilities, drainage, parks and open
space.
5. This project would provide attractive surroundings at which to shop, work and live.
The land use plan changes described in this resolution refer to the following segments of
the Legacy Village development as shown on their preliminary plat for this project:
The following parcels on the Preliminary Plat would be changed to Park:
a. Outlot F -public park; and
b. Outlot I -public park.
All other parcels on the Preliminary Plat except those noted above as Park or remaining BC would
change to R-3H High Density Residenrial:
c. Lot 1, Block 1 -rental townhomes, except for the office suites/clubhouse site;
d. Lot 1, Block 2 -rental townhomes;
e. Lot 1, Block 3 -senior assisted living;
£ Outlot B -multi-family; and
g. Outlot H -for-sale townhomes;
Seconded by Councilmember Juenemann Ayes-Mayor Cardinal,
Councilmembers Collins, Juenemann
and Wasiluk
Nays-Councilmember Koppen
Councilmember Wasiluk moved to adopt the following resolution approving a conditional use
Hermit for the nronosed Leeacv Village on the south side of County Road D between Southlawn
Drive and Hazelwood Street
RESOLUTION 03-07-129
CONDITIONAL USE PERMIT RESOLUTION
City Counci107-14-03 14
WHEREAS, the Hartford Group, Inc. applied for a conditional use permit for a planned unit
development to develop amulti-use development called Legacy Village.
WHEREAS, this permit applies to the property located on the south side of County Road D
between Southlawn Drive and Hazelwood Street. The legal description is:
Dorle Park, Lots 1-8, 14, 15, 18, 29-36, Block 2 and Except the West 10 acres, the North'/z of the
Northeast'/a in Section 3, Township 29, Range 22 (Subject to roads and easements).
WHEREAS, the history of this conditional use permit is as follows:
1. On July 7, 2003 the planning commission recommended that the city council approve this
permit.
2. The city council held a public hearing on July 14, 2003. City staff published a notice in
the paper and sent notices to the surrounding property owners as required by law. The
council gave everyone at the hearing a chance to speak and present written statements.
The council also considered reports and recommendations of the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves 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.
The use would not create excessive additional costs for public facilities or services.
City Counci107-14-03 15
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 these code requirements:
• All construction shall follow the site plan thatthe city stamped June 12, 2003. The Director
of Community Development may approve minor changes.
• The proposed construction must be substantially started or the proposed use utilized within
one year of council approval or the permit shall become null and void. The council may
extend this deadline for one year.
• The city council shall review this permit in one year.
Approval is also subject to the following conditions:
1) Rental Townhomes and Office/Clubhouse:
a. The project will be constructed according to the plans from Hartford Group dated 6/2/03
in all details, except as specifically modified by these conditions;
b. A sidewalk will be provided continuously on the north or west side of Street A between
Kennard Street and Hazelwood Drive, including the segment between the
office/clubhouse parking lot and townhome buildings 11 and 12;
c. Sidewalk connections will be added connecting the power line trail to the curb of Street
A opposite townhome buildings 6 and 8;
d. The sidewalks serving the fronts of townhome buildings 13, 16, 17, 18, 19, and 20 will be
extended south to connect with the power line trail;
e. Street B and Street C serving the townhomes will be constructed in their entirety with the
townhomes, regardless of the status of the multi-family and commercial parcels to the
east;
f Parking spaces will be provided at the ends of the driveways at the rear of buildings 1, 2,
3 and 4; 15/16; 19/20; 21/22; and 25/26, and sidewalks will be provided from those
parking spaces connecting to the front sidewalks of each of those buildings;
g. The infiltration trenches on the south sides of buildings 13/14, 15/16, and 19/20 will be
modified to accommodate a revised alignment for the power line trail, provided that
reasonable grades are provided for the trail and any sidewalks connecting to it, and
approval of the city engineer concerning the size and function of the trenches;
h. A 6'-wide sidewalk should be provided if at all possible on the south side of County
City Counci107-14-03 16
Road D for the entire length of the project from Hazelwood Drive to Southlawn Drive,
through continued discussion between the city and Hartford, focusing on exact sidewalk
width, location, and right-of--way needs for turn lanes and other features of the County
Road D project;
i. A sidewalk will be provided on the south side of County Road D and sidewalks will be
provided out to that sidewalk from the north side of buildings 1, 4, 21, 22, 23, 24, and 25,
as well as to the clubhouse front entry and the clubhouse parking lot;
The grades of the power line trail and all sidewalks will meet ADA guidelines for slope;
k. Overstory trees will be planted along both sides of Street A at an average of 30'-40' on
center instead of the average 70' spading shown on the plans;
Overstory trees will be planted along both sides of Street B and on the west side of Street
C aY an average of 30'-40' on center instead of the sometimes 100' spading shown on the
plans, such additional tree islands to be coordinated with modified parking bays that
might be added to this street;
m. Overstory trees will be planted along both sides of Kennard Street in front of the
townhomes at an average of 30'-40' on center instead of the average 50'-80' spacing
shown on the plans;
n. The curve in the middle of Street A opposite buildings 10 and 12 will be flattened as
much as possible to limit headlights aimed into the front of the units;
o. Front building setbacks (clubhouse and buildings 1, 4, 5, 14, 15, 21, 22, 23, 24, 25, and
2~ to Hazelwood Drive, Kennard Street, and County Road D that are less than required
by the Zoning Code are specifically approved within this PUD as shown on the site plan,
down to a minimum of 5' for the clubhouse and 15' for the townhome buildings, in order
to enhance the urban character of the streets and intersections;
p. Side yard building setbacks for all buildings that are less than required by the Zoning
Code are specifically approved within this PUD as shown on the site plan;
q. Visitor parking spaces for the rental townhomes will be added or modified as follows:
i. Parking spaces will be added so there is a total of at least 48 spaces on the west
side of Kennard and at least 51 spaces on the east side of Kennard, such that the
front door of no unit is more than 200 feet from a group of at least 5 spaces.
ii. Street A will be widened to 26' curb-to-curb and on-street parallel parking will be
added along the north and west sides of the street except for within 100' of the
pavement of Hazelwood Drive and Kennard Street.
iii. The private drive immediately south of buildings 2 and 3 will be widened to 26'
curb-to-curb and on-street parallel parking will be added along the north side of
the drive.
iv. Parking areas will be added behind buildings 1 and 4 where the driveway abuts
the ponding area, consistent with the recommendation of the city engineer on
City Counci107-14-03 17
providing adequate grading and functioning of the pond.
v. Parking areas will be added behind buildings 15/16, 19/20, 21/22, and 25/26 to
meet the parking and distance criteria cited here.
vi. Street B will be widened to 26' curb-to-curb and parallel parking will be added
along the north and west sides of the street, or additional angled parking will be
added to meet the criteria for parking spaces cited here.
r. The parking lot for the clubhouse/office building will be modified to add "proof of
parking" spaces in the green area north and east of the swimming pool, for a total of 91
spaces possible in the lot. Such spaces will only be constructed if the owner believes
they are needed, or if they are needed in the future to address parking problems at the
building in the opinion of the community development director, who can order the spaces
to be constructed. Such spaces will maintain a sidewalk connection between the
swimming pool and clubhouse building in an island in the middle of the parking bays as
shown on the plans;
s. An easement over the power line trail on this parcel will be provided to the city for
access and maintenance.
2) Senior Assisted Living:
a. Front building setbacks to Kennard Street and Legacy Parkway that are less than required
by the Zoning Code are specifically approved within this PUD as shown on the site plan,
down to a minimum of 5', in order to enhance the urban character of the streets and
intersection;
b. Emergency exits -two fronting Kennard Street and one fronting Legacy Parkway -will
provide sidewalk connections to the sidewalks on the street;
c. A sidewalk connection will be provided near the south side of the building connecting
Kennard Street to the path around the pond to the east;
d. The entry at the far south end of the building will provide a sidewalk connection to the
sidewalk noted above;
e. The emergency exit on the southwest face of the building near the south end of the
building will provide a sidewalk connection to the sidewalk noted above;
f The emergency exit on the south face of the northeastern leg of the building will provide
a sidewalk connection south to the sidewalk abutting the parking lot;
g. Overstory trees will be planted along the east side of Kennard Street and the south side of
Legacy Parkway at an average of 30'-40' on center instead of the average 80'-100'
spacing shown on the plans;
h. Revise the site plan to show proof-of-parking to reduce the amount of surface parking.
3) Multi-Family Site (Outlot B):
City Counci107-14-03 18
a. The multi-family site is planned in concept only within the PUD and will come in for
design review and approval at a later date, but the use of the property is allowed as long
as the provisions of the R-3A or R-3B zoning district (depending on the building size)
and conditions outlined here are met;
b. The multi-family site is approved for up to 50 units of housing;
c. A building corner should be within 30' of the curb on the roundabout to maintain the
character of the intersection;
d. The building or buildings must be designed to continue the general pattern and sight lines
of the townhomes to the west;
e. Sidewalk connections must be provided to the power line trail on the south side of the
parcel;
£ Visitor parking must be provided at a ratio of 1/2 space per unit no more than 200' from
the front door of any unit if townhomes are built, or the front entry of the apartment
building if apartments are built;
g. A play area or tot lot must be provided on site with easy access to the building entries and
to the power line trail, within reasonable sight of as many of the units as possible;
h. The architectural character and exterior building materials must be in keeping with the
adjacent townhomes and other buildings if present;
i. Overstory trees must be planted along the north side of the extension of Street B at an
average of 30'-40' on center;
j. An easement over the power line trail on this parcel will be provided to the city for
access and maintenance.
4) Retail/Commercial (Outlot A):
a. The retaiUcommercial site is planned in concept only within the PUD and will come in
for design review and approval at a later date, but the use is allowed as long as the
provisions of the BC zoning district and conditions outlined here are met;
b. The building(s) on the retaiUcommercial site should be sited on the north side of the
parcel within 15' of the County Road Dright-of--way with all parking to the south;
a The applicant shall submit a comprehensive sign plan. One criteria to be established,
however, is that pylon signs shall not be allowed. Monument signs maybe allowed, but
shall not exceed 12 feet in height;
d. The architectural character and exterior building materials must be in keeping with the
adjacent townhomes and other buildings if present;
e. Access to the site will be offthe east leg of the roundabout and another access drive off
Street C between the roundabout and County Road D; and to County Road D at a shared
driveway with the adjacent furniture store site;
City Counci107-14-03 19
f All ground-mounted and roof-mounted mechanical equipment shall be screened
according to ordinance;
g. Overstory trees must be planted along the south side of the extension of Street B at an
average of 30'-40' on center.
h. Adequate separation, buffering and screening must be provided for the multi-family
residential units from the front doors, parking areas, loading areas, and mechanical
equipment of this commercial building;
5) Furniture Store (Outlot C):
a. The furniture store is planned in concept only within the PUD and will come in for
design review and approval at a later date, but the use is allowed as long as the provisions
of the BC zoning district and conditions outlined here are met;
b. The building should be sited on the north side of the parcel within 15' of the County
Road D and Southlawn Drive rights-of-way with all parking to the south. The design of
the corner of the building should be such that reasonable and safe sight distances are
maintained at County Road D and Southlawn;
a The applicant shall submit a comprehensive sign plan. One criteria to be established,
however, is that pylon signs shall not be allowed. Monument signs maybe allowed, but
shall not exceed 12 feet in height;
d. The architectural character and exterior building materials must be in keeping with the
adjacent townhomes and other buildings if present;
e. Access to the site will be offthe extension of the east leg of the roundabout, to County
Road D at a shared driveway with the adjacent retaiUcommercial site and up to two
driveway accesses to Southlawn Drive at points to be approved by the city engineer;
f All ground-mounted and roof-mounted mechanical equipment shall be screened
according to ordinance;
g. Overstory trees must be planted along the west side of Southlawn Drive at an average of
30'-40' on center.
h. Adequate separation, buffering and screening must be provided for the multi-family
residential units from the front doors, parking areas, loading areas, and mechanical
equipment of this commercial building.
6) Commercial Site (Outlot D):
a. The commercial site is planned in concept only within the PUD and will come in for
design review and approval at a later date, but the use is allowed as long as the provisions
of the BC zoning district and conditions outlined here are met;
b. One of the buildings on the commercial site should be sited close to the corner of
Southlawn Drive and Legacy Parkway, within 30' of the Southlawn Drive right-of--way;
City Counci107-14-03 20
a The applicant shall submit a comprehensive sign plan. One criteria to be established,
however, is that pylon signs shall not be allowed. Monument signs maybe allowed, but
shall not exceed 12 feet in height;
d. The architectural character and exterior building materials must be in keeping with the
nearby senior assisted-living building, townhomes and other buildings if present;
e. Access to the site will be off Legacy Parkway and onto Southlawn if approved by the city
engineer;
f All ground-mounted and roof-mounted mechanical equipment shall be screened
according to ordinance;
g. The parking lot on this site must provide through connections and cross parking
easements with the parcel to the south (Outlot E);
h. There must be sidewalks connecting entries to all buildings on site to Legacy Parkway,
Southlawn Drive, the path around the pond to the west, and to Outlot E. Such sidewalks
must be separated from the parking lot- at curb level, not parking lot level;
i. Uses on the site are encouraged to take advantage of the park and trail system around the
ponding area to the west by providing outdoor seating, plazas, overlooks or similar
features;
Overstory trees must be planted along the north side of Legacy Parkway and the west
side of Southlawn Drive an average of 30'-40' on center.
k. An easement over the power line trail on this parcel will be provided to the city for
access and maintenance.
7) Restaurant Site (Outlot E):
a. The restaurant site is planned in concept only within the PUD and will come in for design
review and approval at a later date, but the use is allowed as long as the provisions of the
BC zoning district and conditions outlined here are met;
b. The applicant shall submit a comprehensive sign plan. One criteria to be established,
however, is that pylon signs shall not be allowed. Monument signs maybe allowed, but
shall not exceed 12 feet in height;
a The architectural character and exterior building materials must be in keeping with the
nearby senior assisted-living building, townhomes and other buildings if present;
d. Access to the site will be off a shared driveway with the shopping center property to the
south, provided easements and agreements can be reached with that property owner to
provide such access. Access will be provided onto Southlawn if approved by the city
engineer;
e. All ground-mounted and roof-mounted mechanical equipment shall be screened
according to the ordinance;
City Counci107-14-03 21
f The parking lot on this site must provide through connections and cross parking
easements with the parcel to the north (Outlot D);
g. There must be a sidewalk on the south side of the site connecting Southlawn Drive with
the trail around the ponding area to the west. There must also be sidewalks connecting
the building entry to the shared driveway on the south side, Southlawn Drive, and to
Outlot D. Such sidewalks must be separated from the parking lot- at curb level, not
parking lot level;
h. Uses on the site are encouraged to take advantage of the park and trail system around the
ponding area to the west by providing outdoor seating, plazas, overlooks or similar
features;
i. Overstory trees must be planted along the west side of Southlawn Drive and the north
side of the driveway access on the south side of the site at an average of 30'-40' on
center.
8) Corporate/Commercial Site (Outlot G):
a. The corporate/commercial site is planned in concept only within the PUD and will come
in for design review and approval aY a later date, but the use is allowed as long as the
provisions of the BC zoning district and conditions outlined here are met;
b. The building must be sited close to the roundabout intersection on the corner of Kennard
Street and Legacy Parkway, within 15' of both rights-of--way, to maintain the character of
the intersection, with parking to the north and east of the building;
a The applicant shall submit a comprehensive sign plan. One criteria to be established,
however, is that pylon signs shall not be allowed. Monument signs maybe allowed, but
shall not exceed 12 feet in height;
d. The architectural character and exterior building materials must be in keeping with the
nearby senior assisted-living building, townhomes and other buildings if present;
e. Access to the site will be off Legacy Parkway and Kennard Street. The driveway access
to Kennard Street aY the northwest corner of the site may move north if needed for the
realignment of the power line trail and to align with the driveway entrance to the park on
the west side of Kennard;
f All ground-mounted and roof-mounted mechanical equipment shall be screened
according to ordinance;
g. There must be sidewalks connecting entries to all buildings on site to Legacy Parkway,
Kennard Street, and through the parking lotto the power line trail;
h. Uses on the site are encouraged to take advantage of the park and trail system around the
ponding area to the west by providing outdoor seating, plazas, overlooks or similar
features;
i. Overstory trees must be planted along the east side of Kennard Street and the north side
of Legacy Parkway at an average of 30'-40' on center.
City Counci107-14-03 22
Adequate separation, buffering and screening must be provided for the multi-family
residential units from the front doors, parking areas, loading areas, and mechanical
equipment of this commercial building.
9) For-Sale Townhomes (Outlot H):
a. The for-sale townhome site is planned in concept only within the PUD and will come in
for design review and approval at a later date, but the use is allowed as long as the
provisions of the R-3C zoning district and conditions outlined here are met;
b. Townhome buildings must be sited close to the roundabout intersection on the corner of
Kennard Street and Legacy Parkway, and close to Kennard Street, within 20' of both
rights-of--way, to maintain the character of the intersection and the streetscape;
a The architectural character and exterior building materials must be in keeping with the
nearby senior assisted-living building, townhomes and other buildings in the
development;
d. Access to the site will be off the west leg of the roundabout at Legacy Parkway and
Kennard Street, plus another access to Kennard Street further south, most likely in a loop
street through the site. If the properties west of Outlot H fronting Hazelwood Drive are
likely to develop when Outlot H is proposed for development, then consideration will be
given to a public through street connecting Kennard Street and Hazelwood Drive as an
extension of Legacy Parkway;
e. There must be sidewalks connecting entries to all buildings on site to Legacy Parkway,
Kennard Street, and the park and power line trail to the north. Such sidewalks must be
designed within a clear system of open spaces and landscaping that serves all units more
or less equally;
f Visitor parking must be provided at a ratio of 1/2 space per unit no more than 200' from
the front door of any townhouse unit;
g. Overstory trees must be planted along the west side of Kennard Street and along both
sides of the major internal street(s) at an average of 30'-40' on center.
10) Public Park with Trail (Outlot F):
a. The property will be deeded to the City as public park land, but will not be credited as
land area in park dedication requirements. See Parks Director Bruce Anderson's
memorandum (attached).
b. Hartford will construct all the grading, ponding, and trails noted on the plans;
c. Hartford will secure all necessary easements and agreements with the shopping center
property owner to the south for grading and construction of the trail on the south side of
the pond (and the extension of that trail west around the south side of the senior assisted
living building noted previously). Once agreed to, an easement at least 5' wider than the
trail surface will be dedicated to the city for access and maintenance of the trail.
City Counci107-14-03 23
11) Public Park (Outlot I):
a. The property will be deeded to the City as public park land, but will not be credited as
land area in park dedication requirements. See Parks Director Bruce Anderson's
memorandum (attached).
b. Hartford will construct all the grading, play fields, equipment, and parking noted on the
plans or as negotiated with the city;
a The power line trail will be realigned to cross Kennard Street further north to
accommodate sidewalk connections to the townhomes to the north;
d. Sidewalk connections will be provided in several locations to the power line trail in
reasonable locations to connect all major activity areas with the trail;
e. Sidewalk connections will be provided in appropriate locations to the sidewalk and green
space system of the townhome development to the south, at such time as that
development is planned or in place;
£ Hartford will secure easements and agreements with the property owner to the south for
the trail on the south side of the pond (and the extension of that trail west around the
south side of the senior assisted-living building noted previously). Once agreed to, an
easement at least 5' wider than the trail surface will be dedicated to the city for access
and maintenance of the trail.
12) The Legacy Village site as a whole:
a. The applicant shall dedicate wetland-protection buffers around each wetland within this
development. The width of each buffer shall be according to each wetlands classification
as determined by the Ramsey-Washington Metro Watershed District. These buffers shall
be dedicated to the City of Maplewood and shall be dedicated to the city prior to the
issuance of the first building permit for this development.
b. The applicant shall install wetland-protection buffer signs around each wetland buffer.
These signs shall state "there shall be no mowing, cutting, filling or dumping beyond this
point."
a The community design review board shall review the landscape plans using the criteria
herein as a guide.
d. The architectural plans for all buildings in Legacy Village are subject to the approval of
the community design review board.
e. The grading, drainage, erosion control, utility and roadway plans (public and private) are
subject to the approval of the city engineer.
£ The applicant shall meet the tree-replacement/tree-preservation requirements of the
Maplewood Code of Ordinances.
g. The city will be strictly enforcing the 7 p.m. to 7 a.m. no-noise requirement and strictly
enforcing dust-control efforts for all phases of this development.
City Counci107-14-03 24
h. The applicant shall coordinate the installation of the sidewalk along the County Road D
alignment with the city engineer.
Seconded by Councilmember Koppen Ayes-Mayor Cardinal,
Councilmembers Collins, Juenemann
and Wasiluk
Nays-Councilmember Koppen
Councilmember Wasiluk moved to approve the preliminary plat date-stamped June 12, 2003,
subject to the following conditions for the proposed Legacy Village on the south side of County
Road D between Southlawn Drive and Hazelwood Street:
1) Public street right-of--way will be dedicated for County Road D, Kennard Street, Legacy
Parkway and Southlawn Drive as recommended by city engineering consultant Jon Horn in his
memorandum. In addition, the applicant shall dedicate the necessary right-of--way for a sidewalk
along the County Road D alignment, subject to the city engineer's approval.
2) Outlot f and Outlot I will be dedicated to the city for public park purposes as recommended and
approved by the city parks director;
3) An easement over the power line trail will be dedicated to the city as required by the city
engineer and parks director, and as modified by conditions of approval for the PUD;
4) Wetland buffer easements shall be shown around the wetlands on the site. The applicant shall
dedicate these wetland buffer easements to the City of Maplewood.
Seconded by Councilmember Juenemann
Ayes-Mayor Cardinal,
Councilmembers Collins, Juenemann
and Wasiluk
Nays-Councilmember Koppen
Councilmember Collins moved to authorize the preparation of a development agreement with the
Hartford Group. Inc. providing tax abatement not to exceed a present value of $3.8 million
dollars for the proposed Legacy Village on the south side of County Road D between Southlawn
Drive and Hazelwood Street.
Seconded by Mayor Cardinal Ayes-Mayor Cardinal,
Councilmembers Collins, Juenemann
and Wasiluk
Nays-Councilmember Koppen
4. 10:11 P.M. Kennard Street, Beam to County Road D, Project 03-04: Approve
Resolution Ordering Improvement after Public Hearing
Approving Plans and Specifications
Authorizing Advertisement for Bids
Authorizing Acquisition of Right-of--Way
Ordering Assessment Roll
Ordering Assessment Hearing
a. City Manager Fursman presented the staff report.
City Counci107-14-03 25
b. City Engineer Ahl presented specifics from the report.
a Steve Hoeft, working on behalf of the city, answered council questions.
Councilmember Juenemann moved to extend the meeting until all agenda items K 1-7 were
completed.
Seconded by Councilmember Koppen Ayes-Councilmembers Collins,
Juenemann and Koppen
Nays,-Mayor Cardinal and
Councilmember Wasiluk
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
None
e. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution that orders the improvement to
be constructed, approves the plans and specifications, authorized receipt of bids, authorizes
acquisition of right of way, orders preparation of the assessments roll, and orders an Assessment
Hearing for the Kennard Street Improvements (Beam to County Road D), City Project 03-04:
RESOLUTION 03-07-130
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
APPROVING PLANS AND SPECIFICATIONS
AUTHORIZING ADVERTISEMENT FOR BIDS
AUTHORIZING ACQUISITION OF RIGHT OF WAY
ORDERING PREPARATION OF ASSESSMENT ROLL
CALLING ASSESSMENT HEARING
WHEREAS, a resolution of the city council adopted the 23rd day of June 2003, fixed a date for a
council hearing on the proposed street improvements for Kennard Street (Beam to County Road D), City
Project 03-04;
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held on July 14, 2003, and the council has heard all persons desiring to
be heard on the matter and has fully considered the same;
AND WHEREAS, pursuant to resolution passed by the city council on June 23, 2003, plans and
specifications for Kennard Street Improvements (County Road D to Beam Ave.), City Project 03-04,
have been prepared by (or under the direction of) the city engineer, who has presented such plans and
specifications to the council for approval,
AND WHEREAS, this resolution authorizes the city clerk and city engineer to receive bids for
the making of these improvements,
AND WHEREAS, the clerk and the engineer will, at the direction of the council, prepare an
assessment roll for the Kennard Street Improvements (County Road D to Beam Ave.), City Project 03-
City Counci107-14-03 26
04, and the said assessment will be placed on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that
the City of Maplewood make improvements to Kennard Street (Beam to County Road D), City Project
03-04.
2. Such improvement is hereby ordered as proposed in the council resolution adopted the
14th day of July 2003.
3. A project budget of $2,866,986 is hereby established for the making of this improvement.
4. Such plans and specifications, acopy of which are attached hereto and made a part
hereof, are hereby approved and ordered placed on file in the office of the city clerk.
5. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be published twice, at least ten days before
the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly
opened and considered by the council at 10:00 a.m. on the 15th day of August, 2003, at the city hall and
that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified
check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such
bid.
6. The city clerk and city engineer are hereby authorized and instructed to receive, open,
and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The
council will consider the bids, and the award of a contract, at the regular city council meeting of August
25, 2003.
7. The city engineer is hereby authorized to proceed with the necessary acquisition of
easements and right of way as detailed in the feasibility report for the making of the improvement. Said
acquisition shall include authorization of the city attorney to acquire parcels through the use of eminent
domain proceedings as determined necessary by the city engineer and city attorney.
8. The city clerk and city engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on
the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of
such proposed assessment in the city office for inspection, AND FURTHER, the clerk shall, upon
completion of such proposed assessment notify the council thereof.
9. A hearing shall be held on the 25th day of August 2003, at the city hall at 7:00 p. m. 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.
10. The city clerk is hereby directed to cause a notice of the 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.
11. The notice of hearing shall state the date, time and place of hearing, the general nature of
City Counci107-14-03 27
the 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.
Seconded by Councilmember Juenemann
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
None
K. NEW BUSINESS
Ayes-All
1. Off-Sale Intoxicating Liquor License/Tobacco License - Blong Lee for 2728 Stillwater
Road
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
c. Blong Lee, the applicant, 1616 Sloan Street, St. Paul, was present for council questions.
Councilmember Collins moved to approve the off-sale liquor license and the cigarette and
tobacco license for Blom Lee to be used at 2728 Stillwater Road, for the store that will operate
as Princess Liquor `n Tobacco.
Seconded by Mayor Cardinal
Ayes-All
Councilmember Collins moved to place a moratorium on future off-sale liquor licenses until
parameters are set for distances between liquor license holders.
Seconded by Councilmember Juenemann
Ayes-Councilmembers Collins, Juenemann
and Wasiluk
Nays-Mayor Cardinal
Abstain-Councilmember Koppen
2. Sibley Cove Apartments Tax-Increment Financing Development Agreement (Co. Rd. D)
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented specifics from the
report.
c. Paul Steinman, Vice President of Springsted, was present to provide further details and
answer council question.
Councilmember Koppen moved to authorize the city developer to execute a development
agreement for the Sibley Cove Apartments on County Road D. This agreement shall provide a
tax increment note in the principal amount of $1,175,234 with an interest rate of 4.75 percent for
the Sibley Cove Limited Partnership for the Sibley Cove Apartment on County Road D.
City Counci107-14-03 28
Seconded by Councilmember Juenemann Ayes-All
3. Environmental Utility Fund for Surface Water Management- Receive Special Report
and Call Public Hearing to Consider Establishment of Utility and Fee
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
c. Andy Lamberson, a storm water management specialist, with SEH, informed the council
what an environmental utility fund can do for the city.
Councilmember Koppen moved to receive the special report on the Environmental Utility for
Surface Water Management and called a Public Hearing for August 11, 2003 at 7:30 p.m. to
consider the first reading ofthe ordinance establishing the Utility fee.
Seconded by Councilmember Collins Ayes-All
4. Hazelwood Street, County Road C to Beam, Project 01-16:
a. Resolution Approving Plans and Advertisement for Bids
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution approving plans and
advertising for bids for the Hazelwood Street Improvements (County Road C to Beam Avenue,
City Project 01-16 and directed staff to explore the round-about concept for this project:
RESOLUTION 03-07-131
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on May 12, 2003, plans and
specifications for Hazelwood Street Improvements (County Road C to Beam Ave.), City Project 01-16,
have been prepared by (or under the direction of) the city engineer, who has presented such plans and
specifications to the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, acopy of which are attached hereto and made a part
hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be published twice, at least ten days before
the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly
City Counci107-14-03 29
opened and considered by the council at 10:00 a.m. on the 6th day of August, 2003, at the city hall and
that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified
check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such
bid.
The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud
bids received at the time and place herein noted, and to tabulate the bids received. The council will
consider the bids, and the award of a contract, at the regular city council meeting of August 11, 2003
Seconded by Councilmember Juenemann Ayes-All
5. Kennard/Frost Area Street Improvements, Project 02-10: Resolution Directing
Modification of Existing Construction Contract, Change Order #1
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution directing the modification of
the existing construction contract for the Kennard/Frost Area Street Improvement Project, City
Project 02-10:
RESOLUTION 03-07-132
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 02-10, Kennard/Frost Area Street Improvements and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and designated as
Improvement Project 02-10, Change Order No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 1 in the amount of $6,330.19. The revised contract
amount is $2,212,442.47.
No revisions to the project budget are required at this time, as these changes fall within
the original project budget.
Seconded by Councilmember Juenemann Ayes-All
6. Legacy Parkway (Kennard to Southlawn), Project 03-26: Resolution Authorizing
Preparation of Preliminary Report
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution orderingprenaration of a
preliminaryport for the Legacy Parkwa~provements (Kennard to Southlawn). Project 03-
City Counci107-14-03 30
26; and authorized the finance director to transfer $25,000 to the project fund:
RESOLUTION 03-07-133
PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to Legacy Parkway, Kennard to Southlawn,
City Project 03-26, and to assess the benefited properties 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 $25,000 are appropriated to prepare this feasibility
report.
Seconded by Councilmember Collins Ayes-All
800 MHz Funding Resolution
a. City Manager Fursman presented the staff report.
b. Chief Thomalla presented specifics from the report.
Mayor Cardinal moved to adopt the following resolution expressing the City of Maplewood's
support of participation in the regional 800 MHz system and in support of Ramsey County's
willingness to build a subsystem to serve all agencies within Ramsey Count
RESOLUTION 03-07-134
RESOLUTION IN SUPPORT OF
PARTICIPATION IN REGIONAL 800MHz SYSTEM
WHEREAS, The City of Maplewood has been reviewing the needs of the radio
communication system that provides emergency services to police, fire, and emergency medical
agencies in its jurisdiction; and
WHEREAS, The Metropolitan Radio Board, as a result of legislative changes, has the
authority and resources to provide financial assistance to local units of government in the
metropolitan area that plan to participate in the regional 800 MHz digital trunked communication
system; and
WHEREAS, Special legislative authority has been given to Minnesota counties to issue
bonds for the purpose of designing, constructing, and installing the infrastructure, facilities, and
City Counci107-14-03 31
equipment necessary to participate in the regional system; and
WHEREAS, Federal funds have been appropriated and made available through the
Minnesota Department of Public Safety to supplement local and state funds for the purpose of
participating in the regional system, for which metropolitan area local governments are eligible;
and
WHEREAS, The City Council of Maplewood has determined that its participation in the
regional system would improve its interoperability among its various agencies and with other
jurisdictions for purposes of mutual aid and emergency medical services, thus improving public
safety, as well as the entire region's ability to respond to weapons of mass destruction incidents;
Now, Therefore, Be It
RESOLVED, That the City Council of the City of Maplewood intends to proceed with
planning for development of an upgraded radio communication system with the intention of
participating in the regional system and that the Metropolitan Radio Board be notified of the City
of Maplewood's intention and request any state or federal financial incentives that maybe
offered to local jurisdictions.
Seconded by Councilmember Juenemann Ayes-All
L. VISITOR PRESENTATIONS
1. Bob Zick-1880 East Shore Drive, Maplewood, commented on the Emergency
Management Director appointment.
2. Kevin Berglund-1929 Kingston, Maplewood, commented on City Attorney Kelly's
clarification of the law.
3. Cheri Ottem-Owner of Stargate Nightclub, Maplewood, requested that the city adopt the
2:00 a.m. bar closing.
4. Brian Meyers-T-Bird's Nightclub, Maplewood, requested a public hearing on the 2:00
a.m. bar closing before the September City Council Meeting.
5. Nancy Bloomquist-2541 Valley View Avenue East, Maplewood, obtained a city building
permit to improve their property, and now have concerns regarding a nearby culvert.
6. Joan Crolius-906 West County Road D, New Brighton, had questions and comments
regarding Sletten vs Ramsey County.
7. Robert Hill-450 Emerald Lane, Mahtomedi, an attorney representing the Sletten's in
Sletten vs Ramsey County, suggested the council contact the Ramsey County Department
of Public Health and request a neighborhood survey to find out the extent of the problem.
8. Dominic Crolius-1649 Minnehaha Avenue, St. Paul, also urged the council to pursue the
Health Department regarding Sletten vs Ramsey County.
9. Debra Pedro-1821 East Cottage Avenue, St. Paul, owner of the Perkins on North St. Paul
Road, asked the council to consider implementing a scholarship royalties program.
City Counci107-14-03 32
10. Diana Longrie-Kline-1771 Burr Street, supported the 2:00 am. bar closing, thanked the
city staff for getting the city ordinances on line, and felt the ordinance may need to be
changed regarding the Emergency Management Director Appointment.
M.
N.
O.
COUNCIL PRESENTATIONS
None
ADMINISTRATIVE PRESENTATIONS
None
ADJOURNMENT
Councilmember Collins moved to adjourn the meeting at 11:20 p. m.
Seconded by Councilmember Koppen
Ayes-Councilmember Collins, Juenemann,
Koppen and Wasiluk
Nays-Mayor Cardinal
City Counci107-14-03
33