HomeMy WebLinkAbout11-24-2003MINUTES
MAPLEWOOD CITY COUNCIL
7:17 P.M., Monday, November 24, 2003
Council Chambers, Municipal Building
Meeting No. 03-28
A. CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and
was called to order at 7:17 P.M. by Mayor Cardinal.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Robert Cardinal, Mayor Present
Kenneth Collins, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Julie Wasiluk, Councilmember Absent
D. APPROVAL OF MINUTES
1. Minutes from the City Council Meeting November 10, 2003
Councilmember Collins moved to approve the City Council Meeting Minutes of November 10.
2003 as amended.
Seconded by Councilmember Juenemann Ayes-All
E. APPROVAL OF AGENDA
M1. Budget Meeting December lsr-7:00 p.m.
M2. Correspondence from Ramsey County Commissioners
M3. Tartan Ice Arena
Councilmember Collins moved to approve the agenda as amended.
Seconded by Councilmember Koppen Ayes-All
F. APPOINTMENTS/PRESENTATIONS
None
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS
PAYABLE
City Council 11-24-03
$110,925.50 Check#62304 dated 11/05/03
$465,628.71 Checks #62305 thru #62354 dated 11/07 thru
11/11/03
$1,115,547.11 Disbursements via debits to checking account
dated 10/31 thru 11/06/03
$42,142.16 Checks #62355 thru #62360 dated 11/12 thru
11/13/03
$734,115.90 Checks #62361 thru #62414 dated 11/18/03
$227,473.60 Disbursements via debits to checking account
dated 11/06thru 11/13/03
$2,695,832.98 Total Accounts Payable
PAYROLL
$405,362.63 Payroll Checks and Direct Deposits dated
11/07/03
$5,745.95 Payroll Deduction checks #95529 thru #95533
dated 11/07/03
$411,108.58 Total Payroll
$3,106,941.56 GRAND TOTAL
2. Hudson Road at Century Avenue: Resolution Approving Municipal State Aid
Street Designation for Segment in Coordination with City of Oakdale
Adopted the following resolution requesting the approval of Maplewood's revised
Municipal State Aid Street system by the Commissioner of Transportation for the State of
Minnesota:
RESOLUTION 03-11-223
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS
WHEREAS, the City Council of the City of Maplewood desires that the street
hereinafter described meets all necessary criteria and thus should be designated a
municipal state aid street under the provision of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood that the road described as follows, to-wit:
Hudson Road. T.H. 120 to Corporate Limits be, and hereby is established, located, and
designated a municipal state aid street of said city, subject to the approval of the
Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED thatthe city clerk is hereby authorized and
directed to forward two certified copies of this resolution to the commissioner of
transportation for this consideration, and that upon his approval of the designation of said
road or portion thereof, the same be constructed, improved, and maintained as a
municipal state aid street of the City of Maplewood to be numbered and known as a
municipal state aid street.
City Council 11-24-03
3. Municipal State Aid Street System: Resolution Approving Authorization to Advance
Fund Projects
Approved the following resolution requesting an advance encumbrance of up to
$3,000,000 to our Municipal State Aid account:
RESOLUTION 03-11-224
WHEREAS, the City of Maplewood is planning to implement Municipal State
Aid Street projects in 2003 through 2004 which will require state aid funds in excess of
those available in its State Aid Construction Account, and
WHEREAS, said city is prepared to proceed with the construction of said project
through the use of advance encumbrances from the General State Aid Construction
Account to supplement the available funds in their State Aid Construction Account, and
WHEREAS, repayment of the fund so advanced will be made in accordance with
the provisions of Minnesota Statutes 162.13, Subdivision 6, and Minnesota Rules,
Chapter 8820.
NOW, THEREFORE, BE IT RESOLVED that the Commissioner of
Transportation be and is hereby requested to approve this advance for financing approved
Municipal State Aid Street projects of the City of Maplewood in an amount of up to
$3,000,000 in accordance with the Minnesota Rules 8820.1500, Subparagraph 9, and to
authorize repayments from the following year's accruals to the construction account of
the Municipal State Aid Street fund for said city.
4. County Road D Realignment (Southlawn to TH 61), City Project 02-07: Approve
Right of Entry Agreements with Venburg Tire and Mogren Development
Approved the following right of entry agreements with Keith Venburg and Countryview
Golf for the County Road D Realignment Improvements, City Project 02-07, and
authorized the Mayor and City Manager to execute the agreements:
CITY OF MAPLEWOOD
Ramsey County, Minnesota
Agreement for Right of Entry and Right of Way Acquisition
City Project 02-07
THIS AGREEMENT, made this 24~' day of November, 2003, between
the City of Maplewood, Minnesota, acting by and through its Mayor and City Manager,
herein called the CITY and Keith E. Venburg, II, herein called the OWNER.
IN CONSIDERATION of the following mutual agreements and covenants, the
parties hereby agree as follows:
1. The OWNER warrants that he is the owner of the property identified as
Tract A, Registered Land Survey No. 466, Ramsey County, Minnesota, proposed for
improvement as part of the CITY's County Road D Extension Improvement, City Project
02-07, and that he may incur obligations necessary to construct said improvements and to
incur property obligations including special assessments.
2. In consideration of $1.00, OWNER grants CITY, its employees, successors,
contractors and assigns, the right to enter onto OWNER'S property. The right of entry
shall be as defined on attached Exhibit A, as all property for temporary easement. This
City Council 11-24-03
right of entry is hereby granted to CITY as of the date of signature of this agreement by
OWNER, and shall expire on December 31, 2004. The CITY and OWNER hereby agree
that the value of the right of entry shall be $1.00 plus the valuable consideration listed
within this agreement and other agreed site improvements.
3. The CITY shall furnish all engineering services for the improvements for
the project and any agreed improvements to OWNER's property.
4. The CITY agrees that the work shall be done and performed in the best
and most workmanlike manner; and all materials and labor shall be in strict conformity
with respect to the approved Plans and Specifications for the County Road D Extension
Improvement, City Project 02-07, and improvement standards of the City of
Maplewood, and shall be subject to the inspection and approval of the City or a duly
authorized engineer of the City; and in case any material or labor supplied shall be
rejected by the City or engineer, as defective or unsuitable, then such rejected material
shall be removed and replaced with approved material to the satisfaction and approval
of the City.s engineer and at the sole cost and expense of the CITY.
5. It is further agreed anything to the contrary herein notwithstanding, that
the City of Maplewood City Council and its agents or employees shall not be personally
liable or responsible in any manner to the OWNER, or to any other person or persons
whomsoever, for any claim, demand, damages, actions or causes of action of any kind
or character arising out of or by reason of the execution of this agreement or the
performance and completion of the work or the improvements provided herein, and that
the OWNER will save CITY harmless from all such claims, demands, damages, actions
or causes of actions or the costs disbursements and expenses of defending the same,
specifically including, without intending to limit the categories of said costs, cost and
expenses for City administrative time and labor, costs of consulting engineering
services, and costs of legal services rendered in connection with the defending such
claims as may be brought against CITY due to actions by the OWNER.
6. It is further agreed that CITY will furnish OWNER with proof of insurance through
the CITY's contractor in the amount as required by the approved specifications covering
any public liability or property damage by reason of the operation of the CITY's
equipment, laborers, and hazard caused by said improvements.
In case any one or more of the provisions contained in this Agreement
shall be invalid, illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions contained herein and any other application
thereof shall not in any way be affected or impaired thereby.
7. The terms and conditions of this Agreement shall be binding on the
parties hereto, their respective successors and assigns and the benefits and burdens
shall run with the land and maybe recorded against the title to the property.
5. Capitol City Mutual Aid Agreement
Approved to ratify the Capitol City Mutual Aid Agreement.
6. 2004 SCORE Grant Agreement
City Council 11-24-03
Approved the 2004 SCORE Grant Agreement
2003 City Clean-Up Day Results and Future Recommendations
Approved the 2003 City Clean-Up day results and future recommendations.
8. Review-Ramsey County Household Hazard Waste Site (Aldrich Arena)
Adopted the following resolution approving a revision for the conditional use permit for
a household hazardous waste collection site. The permit is subject to the following
conditions (changes to the original conditions are underlined if added and stricken if
deleted):
CONDITIONAL USE PERMIT RESOLUTION 03-11-225
WHEREAS, Ramsey County is requesting a conditional use permit for a temporary
household hazardous waste collection site.
WHEREAS, this permit applies to the site that is southeast of the Ramsey Nursing
Home. The legal description is:
Subject to avenues and easements and except the West 620 feet of the North 438 feet, the
West 810 feet of the North one-half of the SW 1/4 of Section 14, Township 29, Range 22
WHEREAS, the history of the permit is as follows:
1. On March 21, 1994, the Planning Commission recommended that the City Council
approve the original permit.
2. On March 28, 1994, 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 from the City staff and Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED thatthe City Council approves the above-
describedpermit with the following conditions:
1. All construction shall follow the site plan, dated February 10, 1992. The city
council may approve major changes after they hold a public hearing. The director of
community development may approve minor changes.
2. The hours of public operation shall be from 10 a.m. to 6 p.m. Thursdays and Fridays
and 9 a.m. to 4 p.m. on Saturdays.
3. This collection site shall only be open for eight weekends in the spring-summer and
eight weekends in the summer-fall.
4. There shall be an emergency response coordinator on the site during all operating
hours.
5. The operator shall remove the canopy on each Saturday night after a weekend
City Council 11-24-03
operation.
6. The county shall mark the traffic lanes to the site from the intersection of Van
Dyke Street and Ripley Avenue.
7. Trained household hazardous waste technicians may combine gasoline and other
flammable liquids into a 55-gallon closed-head drum. The operator shall surround the
drum with a material that will absorb any spills. The operator shall place the drum on
heavy plastic sheeting. The plastic shall cover the absorbent material so that the plastic
will act as a basin to contain any spills. The operator shall surround the plastic with
orange traffic cones. The operator shall keep the drum at least twenty feet from any
source of ignition, and ground the drum. Waste containers from the public shall not be
opened on the site, except to allow the operator to inspect the contents inside. The site
operator shall place waste containers in leak-proof plastic tubs. The operator shall
remove the containers from the tubs and pack the containers in drums or plastic bins. The
operator shall place the drums or bins into a truck for transport. The Minnesota
Department of Transportation must approve the truck to haul hazardous waste. The
operator shall remove the materials collected from the site at the end of each day.
8. The operator or county shall notify the fire department and the emergency
preparedness director when the site will be in operation.
9. The city council shall review this permit every five years.
10. People may pickup latex paint and other waste materials approved by the director
of community development.
Councilmember Juenemann moved to approve the consent agenda items 1-7 as presented.
Seconded by Councilmember Koppen Ayes-All
Councilmember Koppen moved to approve the consent agenda item 8 as presented.
Seconded by Councilmember Juenemann Ayes-All
H. PUBLIC HEARINGS
1. 7:27 p.m. Intoxicating Liquor License -Fee Increase
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Melvin Lindholm, Owner of Ciatti's Restaurant
Mayor Cardinal closed the public hearing.
City Council 11-24-03
Councilmember Collins moved to approve an increase of 2.3% in Intoxicating Liquor License
Fees.
Seconded by Councilmember Juenemann Ayes-All
2. 8:37 p.m Hazelwood Street Roundabout at Hazelwood and County Road C, Project 01-16:
a. Public Hearing on Roundabout at Hazelwood and County Road C - 7:15 pm
b. Resolution Modifying Original Contract after Public Hearing (3 votes)
c. Resolution Requesting Variance from State Aid Standards (3 votes)
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
George Rossbach, 1406 East County Road C, Maplewood
Philip Oswald, 2676 English Street, Maplewood
Nancy Hinrichs, 2575 Southlawn, Maplewood
Ron Erickson, 2699 Hazelwood Street, Maplewood
Tom Mathisen, 1843 Clarence Street, Maplewood
Richard Millan, 1763 County Road C, Maplewood
Doug Freed, 2467 Hazelwood Street, Maplewood
Mary Lynn Mauer, 2596 Hazelwood Street, Maplewood
George Rossbach, second appearance
Jean Weber, 2440 Hazelwood Street, Maplewood
Vivian Freed, 2467 Hazelwood Street, Maplewood
Jack Shalley, St. Paul
Al Thoreson, 2785 Hazelwood Street, Maplewood
Mayor Cardinal closed the public hearing.
Councilmember Collins moved to approve the following resolution modifying the
existing contract for the Hazelwood Street Improvements, City Project 01-16, to include the
construction of the proposed roundabout at Hazelwood and County Road C. Also, moved to
approve the attached resolution requesting variance from standards for State Aid Operations for
the Hazelwood Street Improvements (Roundabout). State Aid Project 138-112-03. Citj Project
01-16:
Seconded by Councilmember Juenemann
Ayes-Councilmembers Collins and
Juenemann
Nays-Mayor Cardinal and Councilmember
Koppen
Motion Failed
Councilmember Koppen moved to bring back this item to the February 9a' City Council meeting
to approve the resolution modifying the existing contract for the Hazelwood Street
Improvements. Cit,~ Project 01-16, to include the construction of the proposed roundabout at
Hazelwood and County Road C. Also, to adopt the resolution requesting variance from standards
City Council 11-24-03
for State Aid Operations for the Hazelwood Street Improvements (Roundabout), State Aid
Project 138-112-03. Cit,~ Project 01-16.
Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmembers
Koppen and Juenemann
Nays-Councilmember Collins
3. 8:55 p.m. Tax Exempt Revenue Financing
a. City Manager Fursman presented the staff report.
b. Assistant City Manger Coleman presented specifics from the report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
None
e. Mayor Cardinal closed the public hearing.
Councilmember Juenemann moved to adopt the following resolution approving up to $7.0
million in tax-exempt revenue financing for Concordia Arms at 2030 Lydia Avenue:
RESOLUTION 03-11-226
RECITING A PROPOSAL FOR A
HOUSING FINANCE PROGRAM TO FINANCE AN ELDERLY
HOUSING DEVELOPMENT PROJECT, GIVING PRELIMINARY
APPROVAL TO THE PROJECT AND THE ISSUANCE OF
REVENUE BONDS PURSUANT TO MINNESOTA LAW, AND RATIFYING
THE PREPARATION OF A HOUSING FINANCE PROGRAM
(CONCORDIA ARMS, INC. PROJECT)
(a) WHEREAS, Minnesota Statutes, Chapter 462C (the "Act")confers upon cities, the power to
issue revenue bonds to finance a program forthe purposes ofplanning, administering, making or purchasing
loans with respectto one or more multifamily housing developments within the boundaries ofthe city; and
(b) WHEREAS, the City has received from Concordia Arms, Inc. (the "Borrower") a proposal
thatthe City undertake aprogramto finance aProject hereinafter described, through the issuance ofrevenue
bonds or obligations in one or more series (the "Bonds") pursuant to the Act; and
(c) WHEREAS, the City desires to facilitate the development of rental housing within the
community; encourage the development of affordable housing opportunities for residents of the City;
encourage the development ofhousing facilities designed for occupancy by elderly persons; and encourage
the development of blighted or underutilized land and structures within the boundaries of the City; and the
Project will assist the City in achieving these objectives; and
(d) WHEREAS, the Project to be financed by the Bonds consists of the refinancing and
renovation of a 125-unit multifamily senior housing development located at 2030 Lydia Avenue East in
Maplewood. The Borrower will initially own and operate the Project; and
City Council 11-24-03
(e) WHEREAS, in accordance with Minnesota Statutes, Section 46X.04, Subdivision 2, the
City has heretofore submitted to the Metropolitan Council (the "Council") aprogram to finance the Project;
and
(f) WHEREAS, a public hearing on the Project was held on the date hereof, after notice was
published and materials were made available for public inspection atthe City Hall, all as required by the Act
and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), atwhich public hearing
all those appearing who desired to speak were heard and written comments were accepted; and
(g) WHEREAS, no public official of the City has either a direct or indirect financial interest in
the Project nor will any public official either directly or indirectly benefit financially from the Project:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. The City hereby gives preliminary approval to the proposal of the Borrower that the City
undertake the Project, described above, and the program of financing therefore, pursuant to the Act,
consisting ofthe refinancing and renovation ofhousingfacilitieswithin the City pursuantto the Borrower's
specifications and a loan agreement between the City and the Borrower on such terms and conditions with
provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to
pay, when due, the principal and interest on the Bonds in the total principal amount of not to exceed
$7,000,000 to be issued pursuantto the Actto finance the refinancing and renovation ofthe Project; and said
agreement may also provide for the entire interest ofthe Borrower therein to be mortgaged to the purchasers
ofthe Bonds, or atrustee for the holder(s) of the Bonds; and the City, acting by and through the City, hereby
undertakes preliminarily to issue its Bonds in accordance with such terms and conditions.
2. At the option ofthe City, the financing maybe structured so as to take advantage of whatever
means are available and are permitted by law to enhance the security for, or marketability of, the Bonds;
provided that any such financing structure must be consented to by the Borrower.
3. On the basis of information available to the City it appears, and the City hereby finds, thatthe
Project constitutes a multifamily housing development within the meaning of subdivision 5 of Section
46X.02 of the Housing Program Act; thatthe availability of the financing under the Housing Program Act
and the willingness ofthe City to furnish such financing will be a substantial inducementto the Borrower to
undertake the Project, and thatthe effect ofthe Project, if undertaken, will be to encourage the provision of
additional multifamily rental housing opportunities to residents of the community, and to promote more
intensive development and use of land within the community.
4. The Project and the program to finance the Project by the issuance of revenue bonds, is
hereby given preliminary approval by the City subj ect to final approval by the City, the Borrower and the
purchasers of the Bonds as to ultimate details of the financing of the Project.
5. All prior actions taken by the City Staff in directing Briggs and Morgan, Professional
Association, acting as bond counsel to prepare a housing program for financing the Project prepared in
accordance with the provisions of Minnesota Statutes, Section 46X.03 are hereby ratified, affirmed and
approved.
6. The Borrower has agreed and it is hereby determined that any and all costs incurred by the
City in connection with the financing ofthe Project whether or notthe Project is carried to completion will
be paid by the Borrower.
City Council 11-24-03
7. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist
in the preparation and review of necessary documents relating to the Project, to consult with the Borrower
and the purchaser of the Bonds as to the maturities, interest rates and other terms and provisions of the
Bonds and as to the covenants and other provisions ofthe necessary documents and submit such documents
to the City for final approval.
8. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the
expenditure of any municipal funds on the Project other than the revenues derived from the Project or
otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien or encumbrance,
legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the
payment thereof, nor shall the City be subject to any liability thereon. The holder ofthe Bonds shall never
have the right to compel any exercise of the taxing power ofthe City to pay the outstanding principal on the
Bonds or the interest thereon, or to enforce payment thereon against any property of the City, except such
property as may be expressly pledged forthe security ofthe Bonds. The Bonds shall recite in substance that
the Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the
payment thereof. The Bonds shall not constitute a debt ofthe City within the meaning of any constitutional
or statutory limitation.
9. Subject to final approval of the Project by the City and in anticipation ofthe approval by all
necessary entities of the housing program and the issuance of the Bonds to finance all or a portion of the
Project, and in order that completion ofthe Project will not be unduly delayed when approved, the Borrower
is hereby authorized to make such expenditures and advances toward payment ofthat portion ofthe costs of
the Project to be financed fromthe proceeds of the Bonds, as the Borrower considers necessary, including
the use of interim, short-term financing, subject to reimbursement from the proceeds of the Bonds, if any,
when delivered but otherwise without liability on the part of the City.
Seconded by Councilmember Koppen Ayes-All
4. 9:01 p.m. University Auto Sales
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
a Commissioner Monahan-Junek presented the Planning Commission Report.
d. Hossein Aghamirzai, the applicant was present for questions.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
None
£ Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution approving an amendment to
the University Auto's conditional use permit or used motor vehicle sales business at 1145
Highway 36 East:
City Council 11-24-03 10
USED MOTOR VEHICLE SALES CONDITIONAL USE PERMIT RESOLUTION
03-11-227
WHEREAS, Hossein Aghamirzai, of University Auto Sales and Leasing, applied for a
conditional use permit to be allowed to operate a used motor vehicle sales business.
WHEREAS, this permit applies to property located at 1145 E. Highway 36. The legal
description is:
THE WEST 210 FEET OF THE EAST 480 FEET OF BLOCK 21, CLIFTON ADDITION,
RAMSEY COUNTY, MINNESOTA, SUBJECT TO STATE HIGHWAY NO. 36/118, AND
STATE HIGHWAY NO. 61/1.
WHEREAS, the history of this conditional use permit is as follows:
1. On November 3, 2003, the planning commission recommended that the city council approve this
permit.
2. On November 24, 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 approved the above-described
conditional use permit based on the building and site plans. The city approved this permit because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity
with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water runoff, 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.
City Council 11-24-03 11
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2. The proposed use must be substantially started within one year of council approval or the permit
shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The site shall be kept in neat and orderly condition. The applicant shall observe the
striping pattern and not crowd the site by placing additional vehicles on the site beyond what can
be parked in the striped parking spaces. The drive aisles shall be kept clear of vehicles. There
shall be no parking on the grass or landscaped areas.
5. There shall be no vehicle delivery or transport/trailer unloading along the street. This activity
shall be kept on site.
6. Outdoor storage of any new or used materials other than vehicles shall be prohibited unless such
materials can be fully concealed within a screening enclosure. The design and placement of any
such enclosure shall be subject to staff approval.
The hours of operation of this used motor vehicle sales business shall be 8 a.m. to 8 p.m.
Monday through Saturday. The used motor vehicle sales business shall be closed on Sunday.
Seconded by Councilmember Collins Ayes-All
Councilmember Koppen moved to adopt the following resolution approving the conditional use
permit for University Auto used motor vehicle sales business at 1145 Highway 36 East:
MOTOR VEHICLE REPAIR CONDITIONAL USE PERMIT
RESOLUTION 03-11-228
WHEREAS, Hossein Aghamirzai, of University Auto Sales and Leasing, applied for a
conditional use permit to be allowed to operate a motor vehicle repair business.
WHEREAS, this permit applies to property located at 1145 E. Highway 36. The legal
description is:
THE WEST 210 FEET OF THE EAST 480 FEET OF BLOCK 21, CLIFTON ADDITION,
RAMSEY COUNTY, MINNESOTA, SUBJECT TO STATE HIGHWAY NO. 36/118, AND
STATE HIGHWAY NO. 61/1.
WHEREAS, the history of this conditional use permit is as follows:
1. On November 3, 2003, the planning commission recommended that the city council approve this
permit.
2. On November 24, 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
City Council 11-24-03 12
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 approved the above-described
conditional use permit based on the building and site plans. The city approved this permit because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity
with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic features
into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2. The proposed use must be substantially started within one year of council approval or the permit
shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The site shall be kept in neat and orderly condition. The applicant shall observe the striping
pattern and not crowd the site by placing additional vehicles on the site beyond what can be
parked in the striped parking spaces. The drive aisles shall be kept clear of vehicles. There shall
be no parking on the grass or landscaped areas.
5. There shall be no vehicle delivery or transport/trailer unloading along the street. This activity
shall be kept on site.
6. Outdoor storage of any new or used materials other than vehicles shall be prohibited unless such
materials can be fully concealed within a screening enclosure. The design and placement of any
City Council 11-24-03 13
such enclosure shall be subject to staff approval.
The hours of operation of this motor vehicle repair business shall be 8 am. to 8 p.m., Monday
through Saturday. The motor vehicle repair business shall be closed Sundays.
Seconded by Councilmember Collins Ayes-All
Councilmember Koppen moved to adopt the site plan dated September 29. 2003 for University
Auto at 1145 Highway 36 East:
Approval of the site plan date-stamped September 29, 2003, for a motor vehicle repair business
at 1145 Highway 36 East. Approval is subject to the applicant complying with the following
conditions:
a. Repeat this review in two years if the city has not issued a building permit for this
project.
b. Prior to issuance of a building permit, submit the following to staff for approval:
1) Revised building plans that meet the conditions specified in the
October 27, 2003, building official memorandum.
2) Revised building plans that meet the conditions specified in the
October 24, 2003, fire marshal memorandum.
3) Plans and Xcel Energy approval for the relocation or burying of the overhead
power lines located on the north side of the property.
4) Trash dumpster enclosure plans for the outside trash containers if used (code
requirement). This plan must show the placement and design of the enclosure.
Trash enclosures must have a 100 percent opaque closeable gate. Enclosures
must be of a material that matches or is compatible with the building.
a Complete the following prior to issuance of a certificate of occupancy:
1) Repainting of the parking space stripes.
2) Construction of a trash dumpster enclosure for any outside trash containers if
used.
3) Repair all portions of existing fence damaged by the construction of the addition.
4) Repair and paint all existing and new concrete block with Sherwin Williams
Heavy Duty Block Filler and A-100 Exterior Latex Flat Paint. Paint color to
match existing concrete block and wood trim (beige). The paint needs to be well
maintained and monitored to make sure it stays covered and in good repair.
5) Relocating or burying the overhead power lines located on the north side of the
property.
City Councilll-24-03 14
d. All work shall follow the approved plans. The director of community development
may approve minor changes.
Seconded by Councilmember Collins Ayes-All
I. AWARD OF BIDS
1. County Road D Realignment (Southlawn to TH 61), City Project 02-07:
Resolution Accepting Bids and Awarding Construction Contract for Soils
Correction and Wetland Mitigation
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 accepting the
bids and awarding the contract to F. M. Frattalone Excavating and Grading Inc. in the
amount of $1.141.861.91:
RESOLUTION FOR AWARD OF BIDS 03-11-229
WHEREAS, the City Council has duly ordered the improvement and realignment of County
Road D between Southlawn Drive and Trunk Highway 61, City Project 02-07, by resolution of
the City Council on September 8, 2003, and
WHEREAS, the City Council approved by resolution on September 22, 2003, the plans and
receipt of sealed bids for the first phase of construction of County Road D between Southlawn
Drive and Trunk Highway 61, City Project 02-07, and
WHEREAS, bids were received, opened and publicly read aloud according to City Council
resolution and public bidding requirements on October 28, 2003 at 10:00 am and the results
were as follows:
Contractor Total Base Bid
1. F.M. Frattalone Excavating $1,141,861.91
2. Forest Lake Contracting Inc. $1,155,525,85
3. Arnt Construction Company $1,275,534.90
4. Eureka Construction $1,298,476.60
5. Park Construction Company $1,421,543.58
6. Carl Bolander & Sons Co. $1,520,543.35
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That all bids received on October 28, 2003 based upon the report of the City Engineer
are hereby received.
2. That the bid of F. M. Frattalone Excavating and Grading Inc. in the amount of
$1,141,861.91 is the lowest responsible bid for the construction of County Road D
Realignment Soil Stabilization and Wetland Mitigation Improvements (Hazelwood to TH
61), City Project 02-07, and the mayor and clerk are hereby authorized and directed to
enter into a contract with said bidder for and on behalf of the city.
3. That the finance director is hereby authorized to make the financial transfers necessary
to implement the financing plan for the project.
Seconded by Mayor Cardinal Ayes-All
City Council 11-24-03 15
J. UNFINISHED BUSINESS
None
K. NEW BUSINESS
1. County Road D Realignment (TH 61 to Highridge Court), City Project 02-08: Sketch
Plan Review of Gulden's/Venburg Tire Site as Part of Right of Way Acquisition
Agreement
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
a Commissioner Monahan-Junek presented the Planning Commission Report.
d. The following persons were heard:
Pat McFarland, owner of Venburg Tire
Mike Gengler, owner of Gulden's Restaurant
No action required.
2. Intoxicating Liquor License
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
c. James Ahlman, the applicant, was present for questions.
Councilmember Koppen moved to approve the on-sale liquor license for Mr. Ahlman for
Noodles Restaurant.
Seconded by Councilmember Juenemann Ayes-All
3. Parking Lease 1900 Clarence
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Koppen moved to approve the lease for 25 parking spaces at 1900 Clarence:
Seconded by Councilmember Juenemann Ayes-All
4. Legacy Village at Maplewood-Final Plat Revision
a. City Manager Fursman presented the staff report.
City Council 11-24-03 16
b. Assistant City Manager Coleman presented specifics from the report.
c. Patrick Sarver, representing the Hartford Group was present for questions.
Councilmember Koppen moved to approve a revision to the Legacy Village of Maplewood final
plat date-stamped November 14, 2003.
This approval shall be conditioned upon the developer doing the following:
A. Complying with the following July 14, 2003 preliminary plat conditions:
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 A and Lot 2 of Block I will be dedicated to the city for public park purposes as
recommended and approved by the city parks director. Lot 2, Block I should be under
common or public ownership or incorporated into an adjacent parcel.
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.
B. Complying with the following September 8, 2003 final plat conditions:
1. Revise the final plat making the changes required by Chuck Ahl and Jon Horn in their
report dated August 28, 2003.
2. Dedicate a trail easement beneath the power lines. The location of this trail shall be
subject to the approval of the city engineer.
3. Dedicate the wetland and wetland-buffer easements to the City of Maplewood.
C. Complying with the following conditions of the final plat revision:
The development of Heritage Square requested the installation of parking bays on Kennard Street.
The estimated cost was $70,000 (since reduced to $45,000) that Hartford should be required to
post a letter of credit to insure payment of these expenses, or sign a waiver of assessment
agreement assuring the City of payment. The condition should read that "the developer shall
escrow up to $45,000 for the payment of costs incurred by the City for the construction of parking
bays on Kennard Street for the Heritage Square development at a final amount to be determined by
the City Engineer. The escrow shall be in the form of a letter of credit or assessment waiver
approved by the City Engineer." The replat should also include an additional eight (8) feet of
right-of--way width along the east property line of Lot 3, Block 1 to accommodate the parking
City Council 11-24-03 17
bays.
At the request of Hartford representatives, numerous demolition and clearing costs estimated to be
as high as $15,000 have been incurred by the City. The developer should be required to establish
an escrow fund for payment of these costs in a form and amount approved by the City Engineer.
At the request of Hartford representatives, the proposed trail and tunnel under Kennard
(construction of the trail is a condition of the development approval) has been located as such that
the City has incurred expenses $25,000 higher than anticipated. The developer should be required
to pay 50% of this cost as a condition of approval through an assessment waiver in a form
approved by the City Engineer. The developer should also be required to dedicate a twenty (20)
foot wide sidewalk/trail easement along the proposed trail alignment between Hazelwood Street
and Southlawn Drive. The dedication of this easement should be a condition of the replat.
4. Nearly one year ago, a $50,000 escrow fund was established by Hartford aY the City for the
purpose of funding review costs. Due to the extensive nature of the review and numerous tasks
that the City has performed for Hartford (especially wetland replacement and consultant plan
review services), this fund has incurred nearly $70,000 in costs and further costs are likely. A
condition of the replat should be reestablishment of additional funds to this escrow account in an
amount upto a maximum of $75,000 and in a form approved by the City Engineer.
The existing property owner was represented by Paul Hajicek. During construction of Kennard
Street, Mr. Hajicek informed the City that due to delays in closing by Hartford, the Hajicek family
does not give approval for the City to construct outside the Kennard Street right of way limits.
The right of entry agreement with Mr. Hajicek did not anticipate a substantial delay in the closing
and was not specific to the project limits. The City's contractor for Kennard has indicated that
delays added over $20,000 to the City's construction contract. This added cost to the City due to
these restrictions by Mr. Hajicek should be added to Hartford's expense in the form of a condition
that states that `the developer shall pay the City in a form and amount, not to exceed $20,000,
approved by the City Engineer for the costs of construction delay on Kennard Street caused by the
delay in closing on the property by Hartford.'
6. As part of the review of the tax abatement process, Hartford representatives indicated that billings
for the City's financial and legal services would be paid by Hartford. Hartford is required to pay
Springstead and Briggs and Morgan invoices for the services.
7. The Legacy Village site plan requires dedication of easements for storm water and trail purposes.
These should be a requirement of the replat in a location approved by the City Engineer. Any
owner or sub-divider shall satisfy this requirement prior to the issuance of a building permit.
8. The trail for Outlot A proposed by Hartford, indicated construction on property not under control
by the developer. Hartford should be required to provide revised drawings or an assessment
waiver approved by the City Engineer for additional costs if the trail easement is acquired off site
or if relocation of the trail from the original plan adds additional costs to the construction that the
City agreed to provide as part of the original project approval.
9. City standards require ten (10) foot wide drainage and utility easements along all right-of--way and
lot lines within the plat. These drainage and utility easements should be a condition of the replat.
City Council 11-24-03 18
10. Drainage and utility easements are required over portions of Lot 3, Block 1; Lot 2, Block 2; Lot 1,
Block 3; and Lot 2, Block 3 to accommodate storm water ponding areas and drainage ways. These
should be a condition of the replat in locations approved by the City Engineer.
11. The plat shows aright-of--way width for Legacy Parkway of 62.5 feet. The replat should modify
this right-of--way to the City standard 60.0 foot width.
12. The submittal of a final plat is critical to establishment of construction practices and avoids costly
right of entry agreements by the City. A date of December 31, 2003 should be established for the
developer to file a plat with the Ramsey County surveyor's office. This will help the City avoid
additional problems and costs related to construction issues.
D. The developer shall work with the parks and recreation director toward the development of a park on
the parcel identified as Lot 2 Block I.
E. The above conditions of approval shall be met before the city shall sign the plat documents for
recording.
Seconded by Councilmember Juenemann Ayes-All
L. VISITOR PRESENTATIONS
None
M. COUNCIL PRESENTATIONS
1. The Truth and Taxation meeting will be held in the council chambers 7:00 December lst
2. Mayor Cardinal discussed several pieces of correspondence from local entities.
3. City Engineer Ahl will review the Tartan Ice Arena Joint Powers Agreement.
N. ADMINISTRATIVE PRESENTATIONS
1. Councilmember Koppen moved to change the City Council meeting on December 22°d
from 7:00 p.m. to 6:00 p. m. There will not be a CounciUManager Workshop.
Seconded by Councilmember Juenemann Ayes-All
O. ADJOURNMENT
Mayor Cardinal moved to adjourn the meeting at 10:17 p.m.
Seconded by Councilmember Juenemann Ayes -All
City Council 11-24-03 19