Loading...
HomeMy WebLinkAbout09-22-2003MINUTES MAPLEWOOD CITY COUNCIL 7:07 P.M., Monday, September 22, 2003 Council Chambers, Municipal Building Meeting No. 03-22 A. B. C. D. E. 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 7:07 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 Council Special Meeting-September 08, 2003 Councilmember Juenemann moved to approve the Special Meeting Minutes of September 08. 2003 as amended. Seconded by Councilmember Koppen Ayes-All 2. Minutes from the City Council Meeting-September 08, 2003 Councilmember Koppen moved to approve the City Council Minutes of September 08, 2003 as presented. Seconded by Councilmember Collins Ayes-All 3. Minutes from the City Council Special Meeting-September 10, 2003 Councilmember Koppen moved to approve the Special Meeting Minutes of September 10. 2003 as amended. Seconded by Councilmember Wasiluk Ayes-All APPROVAL OF AGENDA City Counci109-22-03 M1. Deer Reduction M2. Met Council Correspondence N1. League of Women Voters Candidate Forum Councilmember Wasiluk moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes-All F. APPOINTMENTS/PRESENTATIONS 1. Resolution of Appreciation-Matt Ledvina a. Acting City Manager Coleman presented the staff report and specifics. Councilmember Koppen moved to adopt the following ioint resolution of appreciation to Matt Ledvina for his 6 years of service on the Maplewood Planning Commission: RESOLUTION 03-09-179 JOINT RESOLUTION OF APPRECIATION WHEREAS, Matthew Ledvina has been a member of the Maplewood Planning Commission since December 8, 1997 and has served faithfully in that capacity to the present rime; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensarion, for the betterment of the City ofMaplewood,~ and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, rime and effort for the benefit of the City. NOW, THEREFORE, IT ISHEREBYRESOLVED for and on behalf of the City of Maplewood, Minnesota and its cirizens, that Matthew Ledvina is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Seconded by Councilmember Juenemann Ayes-All 2. Proclamation -Good Neighbor Day a. Acting City Manager Coleman presented the staff report. Councilmember Koppen moved to adopt the following resolution acknowledging Good Neighbor Dam RESOLUTION 03-09-180 PROCLAMATION Whereas, our city struggles to build friendship among neighbors, we are City Counci109-22-03 mindful that the noblest human concern is concern for others. G. Whereas, we cannot expect to have good neighbors unless we are ready to be good neighbors, to extend our friendship and support to those who live near us. Whereas, each ofus has the responsibility to do all we can to revive and strengthen the place of neighborliness in our daily lives and in our communiries. Whereas, National Good Neighbor Day is dedicated to getting to know our neighbors and doing something nice for them. Whereas, National Good Neighbor Day encourages us be patient, courteous and helpful, crearing a happy atmosphere and a peaceful life. NOW, THEREFORE, I, Mayor Bob Cardinal, do hereby proclaim Sunday, September 28, 2003, as .Good Neighbor Day. in the City of Maplewood, Minnesota, and urge my fellow cirizens to observe this day by connecring with friends, fellow employees and relatives, and with religious, school and civic groups to engage in activiries that will remind, encourage and help us to be a good neighbor. Seconded by Councilmember Juenemann Ayes-All CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE $9,337.64 Checks #61767 thru #61768 dated 9/4/03 $859,922.14 Checks #61769 thru #61818 dated 9/9/03 $242,895.72 Disbursements via debits to checking account dated 8/29 thru 9/4/03 $1,986.68 Checks #61819 dated 9/9/03 $228,204.81 Checks #61820 thru #61884 dated 9/15 thru 9/16/03 $128,516.34 Disbursements via debits to checking account dated 9/5 thru 9/11/03 $1,470,863.33 Total Accounts Payable PAYROLL $406,122.29 Payroll Checks and Direct Deposits dated 9/12/03 City Counci109-22-03 $5,830.76 Payroll Deduction checks #94872 thrn #94878 dated 9/12/03 $411,953.05 Total Payroll $1,882,816.38 GRAND TOTAL 2. Reimbursement of Four Wheeler-Chief Lukin Approval of $1,790 compensation to Chief Lukin from the city's insurance fund. 3. Lawful Gambling Resolution -Pioneer Booster Club Approved the lawful gambling resolution application for the Pioneer Booster Club. RESOLUTION 03-09-181 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Pioneer Booster Club, to operate at Bleechers Bar located at 2220 White Bear Avenue, 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. Ramsey County Sheriffs Department-Special Use-Fright Farm Approved a Special Use Permit for Brad Camitsch from the Ramsey County Sheriff's Department to hold their annual Fright Farm Halloween event at the Ramsey County Extension Services Barn. The event will be held October 10-12, 17-19, 24-26 and 30-31, from 7:00 p.m. to 10:00 p.m. 5. Woodlynn Heights No. 7 Final Plat (Woodlynn Avenue, West of McKnight Road) Approved the Woodlynn heights No. 7 Final Plat. This approval is subject to the county recording the deed restrictions and covenants required by the city. 6. Conditional Use Permit Review, Budget Towing and Tire (1291 Frost Avenue) Agreed to review the conditional use permit for Budget Towing and Tire at 1291 Frost Avenue again in one year or sooner if a problem arises or if the owner proposed a significant change to he site. City Counci109-22-03 Kennard/Frost Area Streets, Project 02-10, Resolution Directing Modification of Existing Construction Contract Adopted the following resolution directing the modification of the existing construction contract for the Kennard/Frost Area Street Improvement project, City Project 02-10: RESOLUTION 03-09-182 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. 4. 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. 4 in the amount of $10,101.01. The revised contract amount is $2,246,711.28. No revisions to the project budget are required at this time, as these changes fall within the original project budget. 8. Hazelwood Street Improvements, Project 01-16, Resolution Revising Assessment Hearing Date It is recommended that the city council approve the attached resolution for the Hazelwood Street Improvements, Project 01-16, which continues the Assessment Hearing for 7:00 p.m., Monday, October 13, 2003: RESOLUTION 03-09-183 REVISING ASSESSMENT HEARING DATE WHEREAS, a resolution of the city council adopted the 25th day of August 2003, fixed a date for an assessment hearing on the proposed project Hazelwood Street Improvements, City Project 01-16; AND WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the Hazelwood Street Improvements, City Project 01-16, and the said assessment is on file in the office of the city engineer; AND WHEREAS, the city council ordered that the assessment hearing be held at 7:00 p.m on the 22nd day of September 2003, at the city hall; AND WHEREAS, The required fourteen days mailed notice and two weeks published notice of the hearing was not satisfied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The Assessment Hearing shall be continued to the 13u, day of October 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. 9. Budget Change for Laptop Computers City Counci109-22-03 Approved a $1,500 budget transfer from the General Fund for the cost of five used laptop computers. 10. Resolution Authorizing the Submittal of Grant Application RESOLUTION 03-09-184 RESOLUTION AUTHORIZING THE SUBMITTAL OF GRANT APPLICATION FOR RAMSEY COUNTY SOCCER PARTNERS PROGRAM AND ACCEPTING ITS TERMS WEREAS, the Ramsey County Board of Commissioners has established the Ramsey County Soccer Partners Program to accelerate the acquisition and development of youth soccer facilities in Ramsey County, WHEREAS, the City of Maplewood is directly involved in providing soccer programs and facilities for over 2,600 youth each year, WEREAS, Ramsey County intends to award matching grants totaling $1 million in 2003, NOW THEREFORE, be it resolved by the City Council for the City of Maplewood, Minnesota: 1. The City Council hereby authorizes staff to submit an application for the Ramsey County Soccer Partners Program Grant. 2. The City hereby accepts the terms of the grant program as set forth in the request for grant applications. Councilmember Koppen moved to approve consent agenda items 1-5. 7. 9, and 10 as presented. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to approve consent agenda item 6 adding the condition that the tank must be removed within 2 weeks. Seconded by Councilmember Koppen Ayes-All Councilmember Juenemann moved to approve consent agenda item 8 as presented. Seconded by Councilmember Koppen Ayes-All H. PUBLIC HEARINGS 1. 7:10 p.m. Mounds Park Academy Tax-Exempt Bond Financing (2051 Larpenteur Avenue) a. Acting City Manager Coleman presented the staff report and specifics. b. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Jenny Grain, representing Briggs and Morgan a Mayor Cardinal closed the public hearing. Councilmember Collins moved to approve the following resolution approving Maplewood City Counci109-22-03 giving approval for up to $4.7 million in tax-exempt revenue financing for Mounds Park Academy at 2051 Larpenteur Avenue: RESOLUTION 03-09-185 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF EDUCATIONAL FACILITIES REVENUE BONDS, TO PROVIDE FUNDS FOR AN EDUCATIONAL FACILITY PROJECT, ON BEHALF OF MOUNDS PARK ACADEMY BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "City"), as follows: 1. Authority. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the "Act"), authorized to issue and sell its revenue bonds for the purpose ofthe encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment. 2. Authorization of Project; Documents Presented. Mounds Park Academy, a Minnesota nonprofit corporation (the "Borrower"), has proposed to this Council thatthe City issue and sell its City of Maplewood, Minnesota Educational Facilities Revenue Bonds (Mounds Park Academy Project), Series 2003A in substantially the form set forth in the hereinafter-mentioned Indenture (the "Bonds"), pursuant to the Act and loan the proceeds thereofto the Borrower, in order to provide financingto refund the City's outstanding Educational Facilities Revenue Bonds, Series 1993 (Mounds Park Academy Project), to reimburse the Borrowerforexpenses incurred in its locker room remodeling project and to acquire the real property located at 2025 Larpenteur Avenue East in the City (the "Project"). Forms of the following documents relating to the Bonds have been submitted to the City: (a) Loan Agreement (the "Loan Agreement") dated as of September 1, 2003 betweenthe City and the Borrower; and (b) Indenture of Trust (the "Indenture") dated as of September 1, 2003, between the City and U.S. Bank National Association, as trustee (the "Trustee"); and (c) Letter of Credit and Reimbursement Agreement (the "Reimbursement Agreement"), dated as of September 1, 2003, between the Borrower and U.S. Bank, National Association (the "Bank"); and (d) Bond Purchase Agreement (the "Bond Purchase Agreement"), by and between U. S. Bancorp Piper Jaffray, Inc. (the "Underwriter"), the Borrower and the City; and (e) Form of the Official Statement, which together with all Appendices thereto and the insertion ofthe final underwriting details of the Bonds, includingthe interest rates thereon, and any other changes deemed necessary or desirable, is intended to constitute the final Official Statement (together the "Official Statement"). 3. Findings. It is hereby found, determined and declared that: (a) On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision 2 of City Counci109-22-03 Section 469.153 of the Act; that the Project furthers the purposes stated in Minnesota Statutes, Section 469.152; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducementto the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention ofthe emergence ofblighted and marginal land, to help prevent chronic unemployment, to help the City provide higher educational services for students, to help prevent the movement oftalented and educated persons out ofthe state and to areas within the state where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community. (b) There is no litigation pending or, to the best of its knowledge, threatened against the City relating to the Bonds, the Loan Agreement, the Bond Purchase Agreement or the Indenture or questioning the due organization of the City, or the powers or authority of the City to issue the Bonds and undertake the transactions contemplated hereby. (c) The execution, delivery and performance of the City's obligations under the Bonds, the Indenture, the Bond Purchase Agreement and the Loan Agreement do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) It is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture, under the provisions of which the City's interest in the Loan Agreement will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds. (e) The Loan Agreement provides for payments by, or on behalf of, the Borrower to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. The Loan Agreement obligates the Borrower to pay for all costs of operation and maintenance of the Project facilities, including adequate insurance, taxes and special assessments. (f) Under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuantto the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; the City is not subj ect to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City (other than the interest of the City in the Loan Repayments to be made by the Borrower under the Loan Agreement); and each Bond issued under the Indenture shall recite that such Bond, including interest thereon, shall not constitute or give rise to a charge againstthe general credit or taxing powers of the City. 4. Annroval and Execution of Documents. The forms of Loan Agreement, Indenture and Bond Purchase Agreement referred to in paragraph 2, are approved. The Loan Agreement, Indenture and Bond Purchase Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Clerk, or executed or attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may City Counci109-22-03 be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof; and then shall be delivered to the Trustee. 5. Annroval. Execution and Delivery of Bonds. The City shall proceed forthwith to issue the Bonds, in an aggregate principal amount not to exceed $4,800,000, in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the initial aggregate principal amount of and the maturities ofthe Bonds, the interest rates thereon, and any provisions forthe optional or mandatory redemption thereof shall all be as set forth in the final form of the Indenture to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such maturities exceed 30 years or such rates of interest exceed 10.00% per annum. The Underwriter has agreed, pursuant to the provisions of the Bond Purchase Agreement and subject to the conditions therein set forth, to purchase the Bonds at the purchase price set forth in the final form of the Bond Purchase Agreement, and approval of said purchase prices shall be conclusively evidenced by execution and delivery of the Bond Purchase Agreement by the officers of the City authorized to do so by the provisions of this Resolution. The Mayor, City Clerk and other City officers are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by the Indenture, for authentication, registration and delivery to the Underwriter. As provided in the Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Official Statement. The City hereby approves the form of and consents to the circulation by the Underwriter of the Official Statement in offering the Bonds for sale; provided, however, that the City has not participated in the preparation of the Official Statement or independently verified the information in the Official Statement and takes no responsibility for, and makes no representations or warranties as to, the accuracy or completeness of such information. 7. Certificates. Additional Agreements, etc. The Mayor, City Clerk and other officers of the City are authorized and directedto prepare andfurnish to bond counsel and the purchasers ofthe Bonds, when issued, certified copies ofall proceedings and records of the City relatingto the Bonds, such additional agreements as may be necessary in connection with the issuance of the Bonds and such other affidavits and certificates as may be required to show the facts appearingfromthe books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Seconded by Councilmember Koppen Ayes-All 2. 7:27 p.m. Group Health (Health Partners) Tax-Exempt Bond Financing (2165 White Bear Avenue) a. Acting City Manager Coleman presented the staff report and specifics. b. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Jenny Grain, representing Briggs and Morgan a Mayor Cardinal closed the public hearing. City Counci109-22-03 Councilmember Koppen moved to adopt the following resolution giving_apnroval of the continued participation I the refinancing oftax-exempt bonds for Group Health (Health Partners). This approval is subject to this request meeting the city's tax-exempt financing requirements: RESOLUTION NO. 186 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2003 (GROUP HEALTH PLAN, INC. PROJECT) WHEREAS, Group Health Plan, Inc., a Minnesota nonprofit corporation ("Group Health"), currently operates facilities located at 2165 White Bear Avenue in Maplewood (the "Local Facilities"). WHEREAS, Group Health has proposed that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Minneapolis, Minnesota, jointly issue Health Care Facility Revenue Bonds in the approximate principal amount of $85,000,000 (the "Bonds") to finance or refinance various capital expenditures made by Group Health in approximately 9 cities located throughout the State of Minnesota, including the Local Facilities. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each municipality in which facilities to be financed or refinanced by the Bonds are located must approve the issuance of the Bonds following a public hearing. WHEREAS, a public hearing on the issuance of the Bonds to finance or refinance capital costs incurred at the Local Facilities was held by the Maplewood City Council on September 22, 2003. WHEREAS, the Bonds are payable solely from revenues of Group Health, will not be a general or moral obligation of the City of Maplewood, the Housing and Redevelopment Authority of the City of Saint Paul, the City of Minneapolis or any other political subdivision but will be payable solely from revenues of Group Health to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that the City hereby gives the host approval required under the Internal Revenue Code to the issuance of the Bonds. Seconded by Councilmember Collins Ayes-All I. AWARD OF BIDS None J. UNFINISHED BUSINESS 1. Hmong American Alliance Church (2515 Maplewood Drive) City Counci109-22-03 10 a. Comprehensive Plan Amendment (M-1 to C (church)) (4 votes) b. Conditional Use Permit c. Design Approval a. Acting City Manager Coleman presented the staff report. b. Associate Planner Finwall presented specifics from the report. c. Kao Vang, representing the applicant was present for council questions Councilmember Wasiluk moved to adopt the land use plan change resolution changing the land use plan from light manufacturing (M-1) to Church (C) for the proposed Hmong American Alliance Church at 2515 Maplewood Drive: LAND USE PLAN CHANGE RESOLUTION 03-09-187 WHEREAS, J. Kou Vang, representing the Hmong American Alliance Church, made application to the City of Maplewood for a change to the city's land use plan from Light Manufacturing (M-1) to Church (C) for their church. WHEREAS, this change applies to the property located at 2515 Maplewood Drive North. The legal description is: W.H. Howard's Garden Lots Subject to Widened State Highway 61-1, Lot 4. WHEREAS, the history of this change is as follows: 1. On August 4, 2003, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendments. 2. On September 22, 2003, the city council discussed the proposed land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described land use plan change for the following reasons: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Preserve natural features where practical. 4. Minimize conflicts between land uses. City Counci109-22-03 11 Seconded by Councilmember Koppen Ayes-Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain-Mayor Cardinal Councilmember Koppen moved to adopt the following resolution approving the conditional use permit for the Hmong American Alliance Church at 2515 Maplewood Drive North. This resolution approves the conditional use permit for the Hmong American Alliance Church at 2515 Maplewood Drive North. The city bases this permit on the findings required by the code and subject to the following conditions (staff's 9/15/03 additions are in bold and deletions are stricken a. All construction shall follow the plans date-stamped June 26, 2003, and September 12, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. b. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. a The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. r R ....,. m ........:........ ....a ..:a . ,,..:F,...,..., :..,. ,.,.,..~,.,.. a ...,,...,. TF,. ,.,.,....a ..,..., :..,. °^*° F r °~,„ffi:^^ ^F^~,„r^~, ^^..-^^° ., :ii w° r ~°a. The proposed church must obtain and maintain a shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. e. The city council shall review this permit in one year. CONDITIONAL USE PERMIT RESOLUTION 03-09-188 WHEREAS, J. Kou Vang, representing the Hmong American Alliance Church, is requesting that Maplewood approve a conditional use permit for a church. WHEREAS, this permit applies to the property at 2515 Maplewood Drive North. The legal description is: W.H. Howard's Garden Lots Subject to Widened State Highway 61-1, Lot 4. WHEREAS, the history of this conditional use permit is as follows: 1. On August 4, 2003, the planning commission recommended that the city council approve this permit. City Counci109-22-03 12 2. On September 22, 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 of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with Maplewood's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The city council may waive any of the above requirements provided the council determines that the balancing of public interest between governmental units would be best served by such a waiver. City Counci109-22-03 13 Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped June 26, 2003, and September 12, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. 2. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 3. The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. 4. The proposed church must obtain and maintain a shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. 5. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes-Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain-Mayor Cardinal Councilmember Wasiluk moved to approve the plans date-stamped June 26, 2003, and September 12, 2003, for the Hmon~ American Alliance Church at 2515 Maplewood Drive North. Approval is subject to the applicant doing the following (Community Design Review Board 8/12/03 additions to conditions are underlined and staff 9/15/03 additions are in bold and deletions are stricken): a. Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a grading or building permit: 1) Final grading, drainage, utility and erosion control plans that include specifications for a trail located on the west side of the frontage road, extending from the church north to the park and ride lot. These plans shall meet the requirements of the city code and the city engineer. 2) A building permit will be required for all retaining walls on the site that exceed 4 feet in height. 3) Revised site plan showing the removal of 15 parking stalls from the west side of the lot. *'~~* *'~~ .~,..,...a .a ..,.a :..,. i,..:,, ,, .. w,..i ,. . ,.r ~c r. .. ..:.~. ,. ,.F~n F o..,..Ho aoi:.,o.,.oa . ,o.i.,.,a 4) Dedicating a wetland protection buffer easement (average 25 feet from delineated City Counci109-22-03 14 wetland) along the Class 4 wetland. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, grading, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a grading permit. 5) A survey completed by a registered land surveyor showing the existing conditions, wetland buffer easement, and location of the proposed parking lot. A registered land surveyor must also stake the location of the expanded parking lot and the wetland buffer easement on the property. 6) Revised building elevations showing additional design elements (such as the removal of smooth stripes and addition of windows). The revised building elevation to be approved by staff before the city issues a buildingpermit. 7) A revised landscape/screening plan showing the following: a) The replacement of Colorado blue spruce with a similar evergreen tree. b) The replacement of all amur maples with a similar shrub. c) A 6-foot-high, maintenance-free fence to be constructed on the north property line, from the front of the property approximately 180 feet to the west, where Deauville Drive begins in the manufactured home park. d) Revision of landscaping on the north side of the parking lotto take into account the fence, and to add an evergreen screen from the end of the fence to the wetland buffer line. The evergreen screen must create an 80 percent opaque screening from the parking lotto the residential properties to the north. e) Location of in-ground lawn irrigation system for all landscaped areas as required by city code. ~ A 6-foot-high, maintenance-free fence to be constructed on the south property line, from the front property, extending to the usable rear yard of the residential property at 2497 Maplewood Drive to provide screening for these neighbors. Location and length of fence to be approved by staff and owner of 2497 Maplewood Drive prior to installation. g) Revision of landscaping on the west side of the lot to take into account the removal of 15 parking stalls. 8) A trash enclosure plan showing the location and the materials to be used. The trash enclosure must be compatible with the building and must have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 9) A revised photometrics plan showing the style and height of exterior lights. The maximum luminary allowed at the property line is .4 foot candles and the maximum height of the parking lot lights is 25 feet as measured from ground City Counci109-22-03 15 grade to the top of the luminary. 10) Building renovation shall be approved by the city's Fire Marshal before the city issues a building permit. 11) A shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. 12) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. a The applicant shall complete the following before occupying the building: 1) Install a reflectorized stop sign at the exits and ahandicap-parking sign for each handicap accessible parking stall. 2) Construct a trash enclosure to meet code requirements, unless trash dumpsters are stored indoors. 3) Provide continuous concrete curb and gutter around the parking lot and driveways. 4) Install all required landscaping, fencing, and an in-ground lawn irrigation system by June 1 if the church is finished in the fall or winter, or within six weeks of completion if it is finished in the spring or summer. 5) Install all required exterior lights. 6) Install city approved wetland signs at the edge of the wetland buffer that specifies that no building, mowing, cutting, grading, filling or dumping be allowed within the easement. 7) Paint all rooftop mechanical equipment to match the building if visible from the street or adjacent residential properties. 8) Painting the entire building, including the new raised roof addition. 9) Construction of a trail located on the west side of the frontage road, extending from the church north to the park and ride lot. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. City Counci109-22-03 16 e. This approval does not include signage. All proposed signs must comply with the city's sign ordinance and the applicant must obtain all required sign permits prior to installation. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen K. NEW BUSINESS 1. Fee for 2:00 A. M. Liquor License Ayes-Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain-Mayor Cardinal a. Acting City Manager Coleman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. Councilmember Collins moved to approve the annual fee of $500.00 to those establishments staying open until 2:00 a.m. at a prorated rate for the remainder of the year. Seconded by Councilmember Juenemann Ayes-All 2. Suburban Court Facility Resolution a. Acting City Manager Coleman presented the staff report. b. Chief Thomalla presented specifics from the report. Mayor Cardinal moved to adopt the following Suburban Court Facility Resolution: RESOLUTION 03-09-189 IN SUPPORT OF ANY AND ALL EFFORTS TO MAINTAIN A SUBURBAN COURT FACILITY WHEREAS, the City of Maplewood understands that the current budget cuts of the State are impacting Ramsey County District Court, AND WHEREAS, the City understands that an option currently being discussed by the courts and County is the closure of the Maplewood court facility, AND WHEREAS, the City believes the court services are an essential service of the County serving also the suburban communities, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MAPLEWOOD HEREBY WISHES TO SUPPORT ANY AND ALL EFFORTS TO MAINTAIN A SUBURBAN COURT FACILITY FOR THE FOLLOWING REASONS: 1. There is an increased cost to require the suburban citizens, peace officers, victims, witnesses and other personnel to appear in downtown St. Paul; 2. The suburban court serves a unique need of the municipalities; 3. The City believes that the provision of court services in the City Counci109-22-03 17 suburbs are an integral service which needs to be maintained; 4. The City objects to any relocation of the suburban facility to downtown St. Paul; 5. The City requests the County Commissioner and the Ramsey County judges maintain a suburban facility, whether it be the existing Maplewood court facility or a newly constructed facility. Seconded by Councilmember Juenemann Ayes-All 3. County Road D at TH 61 Improvements, City Project 02-08, Resolution Approving Improvements at Existing TH 61 and County Road D with City of Vadnais Heights a. Acting City Manager Coleman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Collins moved to adopt the following resolution approving the planned improvements at existing Th 61 and County Road D with the City of Vadnais Heights: RESOLUTION 03-09-190 APPROVING IMPROVEMENTS AT EXISTING TH 61 AND COUNTY ROAD D WITH CITY OF VADNAIS HEIGHTS WHEREAS, on December 9, 2002, the City Council selected an alignment for County Road D between Hazelwood Street and Trunk Highway 61 (TH 61) and between TH 61 and Highridge Court, City Projects 02-07 and 02-08, respectively, and WHEREAS, pursuant to resolution of the council adopted May 12, 2003, a report was prepared under the direction of the city engineer with reference to the improvement of County Road D between Hazelwood Street and Trunk Highway 61, City Project 02-07, and County Road D between Trunk Highway 61 and Highridge Court, City Project 02-08 and this report was received by the council on July 22, 2003, and WHEREAS, the report provided information regarding whether the proposed project is necessary, cost-effective, and feasible, and WHEREAS, a joint meeting of the City Councils of Maplewood and Vadnais Heights occurred on August 11, 2003 identifying joint issues to be resolved with the proposed improvement project, and WHEREAS, the City Engineer has reported on the need to establish a position for future discussion and agreements with the City of Vadnais Heights regarding the various issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows with reference to the improvement of County Road D between Hazelwood Street and Trunk Highway 61, City Project 02-07, and County Road D between Trunk Highway 61 and Highridge Court, City Project 02-08: 1. The City of Maplewood hereby approves the request of Vadnais Heights for access to the newly aligned County Road D at the Hazelwood Street intersection contingent upon the following: City Counci109-22-03 18 1. City of Vadnais Heights support for the Joint Powers Agreement for alternative access for Xcel Energy for transport of their transformer. 2. Approval by Burlington Northern, Minnesota Commercial Railroad and Ramsey County Regional Rail Authority for an easement for roadway expansion. 3. City of Vadnais Heights agreeing to just and reasonable cost participation for construction and reconstruction of the existing County Road D roadway westerly of Hazelwood Street. 4. City of Vadnais Heights for a culdesac along existing County Road D between TH 61 and Hazelwood to eliminate possible shortcutting of traffic. 2. The City of Maplewood hereby agrees with MnDOT and the City of Vadnais Heights for the culdesacing of existing County Road D, westerly of existing TH 61 contingent upon a reasonable cost participation proposal and agreement with MnDOT. Additionally, the City of Maplewood concurs that reasonable costs should be considered for property owners if the street name is changed by Ramsey County. 3. The City of Maplewood hereby does not object to the City of Vadnais Heights' request for traffic calming at the newly constructed intersection of the newly aligned roadway and the existing County Road D east of Highridge Court, contingent upon the City of Vadnais Heights or Ramsey County agreeing to pay for the traffic calming improvements. 4. The City of Maplewood hereby agrees to install a storm water treatment system to further control drainage at the intersection point of existing County Road D and the newly aligned County Road D easterly of the Highridge Court development. 5. The City of Maplewood hereby agrees to cooperatively work with the City of Vadnais Heights and Ramsey County on future improvements to County Road D westerly of Highridge Court including the construction of trails and drainage improvements. Seconded by Councilmember Juenemann Ayes- Ayes-Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain-Mayor Cardinal 4. County Road D Realignment Soil Stabilization and Wetland Mitigation Improvements, City Project 02-07, Resolution Approving Plans and Specifications and Authorizing Receipt of Bids a. Acting City Manager Coleman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution authorizing_apnroval of the plans and specifications for the Soil Stabilization and Wetland Mitigation Project for the County Road D Realignment Project, City Project 02-07, and authorize the receipt of bids for this phase of the improvement project: RESOLUTION 03-09-191 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISING FOR BIDS City Counci109-22-03 19 WHEREAS, on December 9, 2002, the City Council selected an alignment for County Road D between Hazelwood Street and Trunk Highway 61 (TH 61) and between TH 61 and Highridge Court, City Projects 02-07 and 02-08, respectively, and WHEREAS, pursuant to resolution of the council adopted May 12, 2003, a report has been prepared under the direction of the city engineer with reference to the improvement of County Road D between Hazelwood Street and Trunk Highway 61, City Project 02-07, and County Road D between Trunk Highway 61 and Highridge Court, City Project 02-08 and this report was received by the council on July 22, 2003, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, and WHEREAS, the City Engineer has reported that only Segment #1, County Road D between Hazelwood Street and Trunk Highway 61, City Project 02-07, and Segment #4, County Road D between Hazelwood Street and Southlawn Avenue is prepared for the necessary public hearing portion, and WHEREAS, a public hearing for said Segment #1 and said Segment #4 was duly held on September 8, 2003, and the City Council, after receiving all public testimony order said improvement projectfor Segment #1 and Segment #4 to be constructed, and WHEREAS, the City Engineer has reported on the need to expedite the surcharge operations and wetland mitigation operations in order to meet project schedules, and WHEREAS, pursuant to resolution passed by the city council on August 25, 2003, plans and specifications for the Soil Stabilization and Wetland Mitigation Improvements for the County Road D Realignment Project (Hazelwood to TH 61), City Project 02-07, have been prepared 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 opened and considered by the council at 10:00 a.m. on the 28th day of October, 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. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of November 10, 2003. Seconded by Councilmember Koppen Ayes- Ayes-Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain-Mayor Cardinal L. VISITOR PRESENTATIONS 1. Bob Zick, 1880 East Shore Drive, Maplewood was concerned that the closing hour for the bar closing will become progressively later, until eventually establishments would be City Counci109-22-03 20 serving 24 hours. City Attorney Kelly assured Mr. Zick the city council has full control over changing the city ordinance pertaining to hours of operation back to 1:00 at any time they felt necessary. M. COUNCIL PRESENTATIONS 1. Deer Reduction-Mayor Cardinal notified residents to contact Parks and Recreation Director Anderson if they are affected by the deer problem. 2. Met Council-Mayor Cardinal asked staff if the household numbers Met Council published were accurate, and Acting City Manager responded that although the 2002 numbers may not be accurate they do concur with the growth numbers published. N. ADMINISTRATIVE PRESENTATIONS 1. October 7, 2003, 7:00 p.m. to 9:00 p.m.-League of Women Voters Candidate Forum- Council Chambers (will be telecast). O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 8:47 p.m. Seconded by Councilmember Juenemann Ayes -All City Counci109-22-03 21