HomeMy WebLinkAbout07-26-2004MINUTES
MAPLEWOOD CITY COUNCIL
7:04 P.M. Monday, July 26, 2004
Council Chambers, Municipal Building
Meeting No. 04-15
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 7:04 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
Maplewood Boy Scout Troop 15, sponsored by Trinity Baptist Church, led the pledge of
allegiance.
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the City CounciUManager Workshop-July 12, 2004
Councilmember Juenemann moved to approve the minutes from the July 12, 2004 City
Council/Manager workshop as presented.
Seconded by Councilmember Koppen Ayes-All
2. Minutes from the City CounciUManager Workshop-July 12, 2004
Councilmember Monahan-Junek moved to approve the minutes from the July 12, 2004 City
Council meeting as amended.
Seconded by Councilmember Juenemann Ayes-All
APPROVAL OF AGENDA
I2. Legacy Village-Parks
K9. Follow up on EMS Study
M 1. National Night Out
M2. Meeting Process
J3. Mapletree Townhomes-Reconsideration
M3. Waterboard Schedule
M4. Ramsey County Fair
M5. City Hall Campus Master Plan
M6. Johnny Appleseed Day
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F2. Maplewood Police Explorers
Councilmember Koppen moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes-All
F. APPOINTMENTS/PRESENTATIONS
1. Historical Committee Appointments
a. City Manager Fursman presented the report.
b. Assistant City Manager Coleman presented specifics from the report.
The following candidates were appointed to the Historical Preservation
Commission:
• Richard Currie-3 year term
• Lucille Aurelius-3 year term
• Robert Creager-2 year term
2. Police Explores
a. City Manager Fursman presented the report.
b. Police Chief Thomalla announced that the Maplewood Explorers placed
fourth in the National Competition in Emergency First Aid in Atlanta
Georgia.
G. CONSENT AGENDA
Councilmember Koppen moved to approve the consent agenda as amended (with item 5 pulled).
Seconded by Councilmember Monahan-Junek Ayes-All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 220,883.67 Checks # 64317 thru # 64380
dated 07/13/04
$ 2,620,112.32 Disbursements via debits to checking account
dated 07/02/04 thru 07/08/04
$ 513,993.50 Checks #64381 thru # 64445
dated 07/16/04 THRU 07/20/04
$ 158,675.72 Disbursements via debits to checking account
dated 07/09/04 thru 07/15/04
City Counci107-26-04 2
$ 3,513,665.21 Total Accounts Payable
PAYROLL
547,586.01 Payroll Checks and Direct Deposits dated 07/16/04
4,348.04 Payroll Deduction check # 98110 thru # 98113
dated 07/16/04
551,934.05 Total Payroll
$ 4,065,599.26 GRAND TOTAL
2. Party Service 3.2 Beer License -Joseph Murphy, Aldrich Arena - 1850 White Bear
Avenue
Approved the annua13.2 beer license for Joseph Murphy for use at Aldrich Arena located
at 1850 White Bear Avenue.
3. Conditional Use Permit Review -Liberty Classical Academy (1717 English Street)
Approved the conditional use permit for Liberty Classical Academy at 1717 English
Street again in three months.
4. Conditional Use Permit Review -Hmong Alliance Church (1770 McMenemey Street)
Approved to review the conditional use permit for Hmong Alliance Church at 1770
McMenemy Street again in three months.
5. Conditional Use Permit Review -Sinclair Fuel Station (223 Larpenteur Avenue East) -
Item Pulled
6. Conditional Use Permit Review - Schlomka Over-sized Accessory Building (1481 Henry
Lane)
Approved to review the conditional use permit at 1481 Henry Lane again in six months.
7. Retiree Health Savings Plan HIPAA Revision
Approved the Amendment to the City of Maplewood Retiree Medical and Dental
Expense Reimbursement Plan (also called the Retiree Welfare Benefit Plan).
8. HIPAA Compliance -Employee Health Plans
Adopted the following resolution and policies and procedures to comply with HIPAA
retroactive to April 14, 2004.
City Counci107-26-04
RESOLUTION--04-07-131
A RESOLUTION ACKNOWLEDGING THE CITY OF MAPLEWOOD'S COMPLIANCE
WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
WHEREAS, the City Council of the City of Maplewood is the official governing body of the City of
Maplewood; and,
WHEREAS, the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA)
requires that all health plans implement regulations for the purposes of ensuring the portability of health
care coverage when moving to a new job, reducing paperwork by conducting electronic payment
transactions, and securing the privacy of individual protected health information; and
WHEREAS, the City of Maplewood, in limited functions, acts as health plans for employees and is
therefore subject to HIPAA regulation; and
WHEREAS, HIPAA regulations require that the City designate itself as a covered entity; and
WHEREAS, the City is required to develop internal policies and procedures to carry out all HIPAA
regulations; and
WHEREAS, the City must name a Privacy and Complaint Official to respond to HIPAA-related
questions or grievances for our covered employee health plans; and
WHEREAS, HIPAA regulations require that the City provide affected health plan participants with a
Notice of Privacy Practices, informing them of their privacy rights.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD IN REGULAR MEETING ASSEMBLED, that the City of Maplewood is designated
as a Covered Entity under the Federal Health Insurance Portability and Accountability Act of 1996; and
BE IT FURTHER RESOLVED thatthe City hereby adopts an Organized Health Care
Arrangement to include: Health Care Flex Plan -Medical Reimbursement Portion, Retiree Health
Savings Plan, Long Term Care Insurance, Health and Dental Insurance, Employee Assistance Plan and
the Police and Fire Fitness Plan; and
BE IT FURTHER RESOLVED that the City hereby adopts the City of Maplewood's Privacy of
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Protected Health Information Policies and Procedures; and
BE IT FURTHER RESOLVED that the Human Resource Director is appointed to serve as the
Privacy and Complaint Official on behalf of the City of Maplewood in enforcing the HIPAA regulations
related to the Organized Health Care Agreement; and
BE IT FURTHER RESOLVED that, in compliance with HIPAA regulations, the City hereby
adopts the City of Maplewood Notice of Privacy Practices as referenced in the April 14, 2004 HIPAA
Protected Health Information Policy and Procedures Manual; and
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a copy of this
Resolution to be published in the official newspaper of the City.
9. Cafeteria Plan Revision-Plan Year Change
Adopted the revised and restated Master Plan Document for the Maplewood Cafeteria
Plan effective to October 1, 2004.
10. Pleasantview Street Improvements, Project 98-12 -Resolution for Acceptance of Project
Adopted the following resolution accepting Pleasantview Street Improvements, City
Project 98-12:
RESOLUTION 04-07-132
ACCEPTANCE OF PROJECT
WHEREAS, the city engineer for the City of Maplewood, Minnesota has
determined that Pleasantview Street Improvements, City Project 98-12, is complete and
recommends acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that City Project 98-12 is complete and maintenance of
these improvements is accepted by the city. Release of any retainage or escrow is hereby
authorized.
11. Kennard Street Improvements, City Project 03-04 -Approve Right of Way and Easement
Acquisition Agreements with HealthEast and Birch Run
Adopted the following agreement with HealthEast for right-of- way and easement
acquisition and the three agreements with Birch Run Station for assessment waiver,
temporary easement and permanent trail easement.
12. T.H. 61 Improvements (Beam Ave. to 694), Project 03-07 -Resolution Approving Plans
and Advertising for Bids.
Adopted the following resolution approving the plans and specifications and authorizing
the receipt of bids for the T.H. 61 Improvements, Beam Avenue to I-694, City Project 03-
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07:
RESOLUTION 04-07-133
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on May 24, 2004,
plans and specifications for the T.H. 61 Improvements, from Beam Avenue to I-694, City
Project 03-07, have been prepared by SEH, Inc. under the direction of the city engineer,
who has presented such plans and specifications to the city council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA:
1. Such plans and specifications for the T.H. 61 Improvements, from Beam
Avenue to I-694, City Project 03-07, a copy 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
combined improvement under such approved plans and specifications. The
advertisement shall be published twice, at least three weeks 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.m. on the 3rd of September, 2004, 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 September 13, 2004.
13. County Road D Realignment (East), Project 02-07 -Resolution Directing Modification
of Existing Construction Contract (Frattalone), Change Order No. 1.
Adopted the following resolution directing the modification of the existing construction
contract, Change Order No. 1 (Soil Stabilization):
RESOLUTION 04-07-134
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
(SOIL STABILIZATION
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
the construction of County Road D Realignment East (T.H. 61 to Southlawn Dr.) City
Project 02-07, 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 02-07, Change Order No. 1 (Soil Stabilization).
City Counci107-26-04
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA thatthe mayor and city clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order No. 1 in the
amount of $58,770.88. The revised contract amount is $1,200,632.79.
No revisions to the project budget are proposed at this time as Change Order
No. 1 is within the original budgeted amount.
14. Purchase of Hazardous Materials Storage Unit
Approved the expenditure of $22,179 for storage for flammable and explosive evidence
and property (such as fireworks, etc.).
H. PUBLIC HEARINGS
7:42 Heritage Square Second Addition (Legacy Village -Kennard Street and Legacy
Parkway)
Planned Unit Development Revision
Preliminary Plat
Design Approval
a. City Manager Fursman presented the report.
b. Senior Planner Ekstrand presented specifics from the report.
a Commissioner Trippler presented the Planning Commission Report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Kevin Clarke, representing Town and Country Homes
Terry Metula, Vice President, Town and County Homes
Patrick Sarver, Hartford Group
e. Mayor Cardinal closed the public hearing.
Councilmember Monahan-Junek moved to adopt the following resolution approving a revision to
the Legacy Village planned unit development to approve the construction of for-sale town homes
instead of the previously approved rental town home concept. Approval of this revision is based
on the findings required by the ordinance and subject to the following conditions (additions are
underlined and deletions are crossed out):
CONDITIONAL USE PERMIT REVISION RESOLUTION 04-07-135
FOR A PLANNED UNIT DEVELOPMENT
WHEREAS, Town and Country Homes applied for a conditional use permit to revise the Legacy
Village planned unit development by replacing the rental town homes with for-sale town homes.
WHEREAS, this permit applies to the 7.7-acre site in Legacy Village lying south of County
Road D East between Kennard Street and Southlawn Drive. The legal description is:
City Counci107-26-04
Lot 1, Block 2 of Legacy Village of Maplewood.
WHEREAS, the history of this conditional use permit is as follows:
1. On June 7, 2004 the planning commission recommended that the city council approve
this permit.
2. The city council held a public hearing on July 26, 2004. City staff published a notice in
the paper and sent notices to the surrounding property owners as required by law. The
council gave everyone at the hearing a chance to speak and present written statements.
The council also considered reports and recommendations of the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor,
fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness,
electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
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 Counci107-26-04
Approval is subject to the following conditions (additions are underlined and deletions are
crossed out):
1. The development shall follow the plans date-stamped Apri130, 2004, except where the
city requires changes and except for that part shown on the west side of Kennard Street.
The director of community development may approve minor changes.
2. The proposed construction must be substantially started within one year of council
approval or the permit shall end. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The applicant shall comply with the requirements in the Assistant City Engineer's report
dated May 28, 2004. The applicant shall also comply with any additional conditions of
the Assistant City Engineer due to the change in this proposal to delete the area west of
Kennard Street from this plan.
5. The applicant shall sign a development agreement with the city before the issuance of a
grading permit.
6. The applicant shall provide a copy of the homeowner's association documents to staff for
approval.
7. ~1-Town homes and Office/Clubhouse:
a. The project will be constructed according to the plans from Town and Country
Homes date-stamped Apri130. 2004 ~~ u,..ha...a ~ ~~~~ a°* a ~ ^~3-ate"
mss, except as specifically modified by these conditions and with the
exclusion of the town homes on the west side of Kennard Street.
b. A sidewalk will be provided continuously on the north or west side of Street A
between Kennard Street and Hazelwood Drive, including the segment between
the office/clubhouse parking lot and townhouse buildings 11 and 12.
c. Sidewalk connections will be added connecting the power line trail to the curb
of Street A opposite town home buildings 6 and 8 and connecting Village Trail
East (east of Kennard Street) in at least three locations to be approved b
d. The sidewalk serving the front of town home buildings 13, ' ~ ''' ' ° ' ° °~a
~&will be extended south to connect with the power line trail ~ Trail
connections to the power line trail shall be as required b
e. Village Trail East (east of Kennard Street) c+~°+ 13 and Flandrau Street East
~ee~E serving the town homes will be constructed in their entirety with the
town homes, regardless of the status of the multi-family and commercial parcels
to the east.
f Parking spaces will be provided at the ends of the driveways as shown on the
plans and wherever else they may fit. °* *'~~ ~~°~ ,.cw..:'a:..,~„ ' ^ ' °~a
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City Counci107-26-04
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h. Asix-foot-wide sidewalk should be provided :F °,.. ,.1~ on the south side
of County Road D for the entire length of the project from Hazelwood Street
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j. The grades of the power line trail and all up blic sidewalks uv11 shall meet ADA
guidelines for slope.
k. The landscane Dlan is aDDroved as Dronosed with the excention that the
boulevard trees along Kennard Street shall be planted according to the
approved Kennard Street Boulevard-Tree Planting Plan. n. °~°*^^ *~°°° .,111
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n. The curve in the middle of Street A opposite buildings 10 and 12 will all be
flattened as much as possible to limit headlight aimed into the front of the units.
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..*....*° °«a :«* ...° ..*:,.«° The front setbacks proposed for the town homes east
of Kennard Street are approved as shown. The proposed setbacks for the town
homes and commercial buildin:r west of Kennard Street shall not be less than
five feet for the clubhouse and 15 feet for the town home buildings in order to
enhance the urban character of the streets and intersections.
City Counci107-26-04 10
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q. Visitor-parking spaces for the rental town homes will be added or modified as
follows:
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1 °~ The applicant shall provide visitor-parking spaces at the
minimum quantity of one-half space per town home unit. Furthermore.
the visitor-parking spaces must be placed such that the front door of no
unit is more than 200 feet from a group of at least five spaces.
2) Street A will be widened to 26' curb-to-curb and on-street parallel parking
will be added along the north and west sides of the street except for within
100' of the pavement of Hazelwood Drive and Kennard Street.
3) The private drive immediately south of buildings 2 and 3 will be widened
to 26' curb-to-curb and on-street parallel parking will be added along the
north side of the drive.
4) Parking areas will be added behind buildings 1 and 4 where the driveway
abuts the ponding area, consistent with the recommendation of the city
engineer on providing adequate grading and functioning of the pond.
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r. The parking lot for the clubhouse/office building will be modified to add "proof
of parking" spaces in the green area north and east of the swimming pool, for a
total of 91 spaces possible in the lot. Such spaces will only be constructed if
the owner believes they are needed, or if they are needed in the future to
address parking problems at the building in the opinion of the community
development director, who can order the spaces to be constructed. Such spaces
will maintain a sidewalk connection between the swimming pool and clubhouse
building in an island in the middle of the parking bays as shown on the plans.
s. An easement over the power line trail on this parcel will be provided to the city
for access and maintenance.
Seconded by Councilmember Koppen Ayes-All
Councilmember Monahan-Junek moved to approve the preliminary and final plat for Heritage
Square Phase II lying east of Kennard Street, subject to the following conditions subject to the
following conditions:
City Counci107-26-04 11
1. The applicant shall comply with the requirements in the assistant city engineer's
report dated May 28, 2004. The applicant shall also comply with any additional
conditions of the city engineer due to the plan revision to delete the part of the
original plat submittal west of Kennard Street.
2. The applicant shall sign a developer's agreement with the city engineer before the
issuance of a grading permit.
3. The applicant shall dedicate any easements and provide any written agreements that
the city engineer may require as part of this plat.
4. The applicant shall pay the city escrow for any documents, easements and agreements
that the city engineer may require that may not be ready by the time of plat signing.
Seconded by Councilmember Koppen Ayes-All
Councilmember Monahan-Junek moved to approve the plans date-stamped Apri130. 2004, for
the Heritage Square Phase II, the second phase based on the following conditions:
1. Obtaining city council approval of a revision to the previously approved planned unit
development for this project.
2. Obtaining city council approval of the preliminary and final plat for this project.
3. All requirements of the fire marshal and building official must be met.
4. The applicant shall obtain all required permits from the Ramsey-Washington Metro
Watershed District.
5. All driveways and parking lots shall have continuous concrete curbing.
6. All requirements of the city engineer, or his consultants working for the city, shall be met
regarding grading, drainage, erosion control, utilities and the dedication of any easements
found to be needed.
7. Repeat this review in two years ifthe city has not issued abuilding permitforthis projectby
that time.
8. Any identification signs for the project must meet the requirements of the city sign
ordinance.
9. The setbacks are approved as proposed.
10. The applicant shall:
Install reflectorized stop signs at all driveway connections to County Road D and
Kennard Street.
• Install and maintain an in-ground lawn irrigation system for all landscaped areas.
City Counci107-26-04 12
• Install all required trails, sidewalks and carriage walks.
• Install any traffic signage within the site that maybe required by staff.
11. The applicant shall submit a lighting plan for staff approval before getting the first building
permit.
12. The applicant shall submit an address and traffic signage plan for staff approval.
13. The applicant shall provide the city with cash escrow or an irrevocable letter ofcreditforthe
exterior landscaping and site improvements prior to getting a building permit for the
development. Staff shall determine the dollar amount of the escrow.
14. All work shall follow the approved plans. The director of community development may
approve minor changes.
15. A temporary sales office shall be allowed until the time a model unit is available for use.
Such a temporary building shall be subject to the requirements of the building official.
16. No end units facing County Road D shall have utility rooms or exposed utility meters on that
elevation.
17. The community design review board expressed concern thatthere should be some handicap-
accessible units available in this complex. They referred this to the building official for
compliance in case there are any applicable codes to this effect.
18. The applicant shall work with staff to propose suitable screening for outside utility meters.
19. The rock-face concrete block on the buildings shall be tan, not gray.
Seconded by Councilmember Koppen Ayes-All
I. AWARD OF BIDS
1. Cured in Place Pipe (Sanitary Sewer Program)-City Project 04-20
a. City Manager Fursman presented the report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to award the bid for cured-in-Place Pipe. Project 04-20, to
Lametti and Sons. Inc. based on their low bid of $129.921 and authorized the finance director to
transfer the necessary funds form the sanitary serer fund and the Hazelwood/C area Streets
project fund (548).
Seconded by Councilmember Juenemann Ayes-All
2. Legacy Village
a. City Manager Fursman presented the report.
City Counci107-26-04 13
b. Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Monahan-Junek moved to award the bids to Odesa Construction. Inc. in the
amount of $320,789.75 and PQT Co. /Rum River Tree Farm in the amount of $121,528 making a
total project construction cost of $442,317.75.
Seconded by Councilmember Juenemann Ayes-All
J. UNFINISHED BUSINESS
1. Charitable Gambling Fund Requests - 2005
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Koppen moved to adopt the following Charitable Gambling Fund Requests:
Organization Requested Approved
Maplewood Historical Society 23,500 10,120
American Red Cross 4,000 1,720
Maplewood Police Explorers 8,000 4,360
L. C. Webster PTO 5,000 2,200
Ramsey County Fair 5,000 4,400
Heritage Theatre Company 4,200 3,140
622 Communities Partnership 400 300
Ramsey County Library 16,095 0
Erv Carlson-Pleasantview Park 18,000 0
Maplewood Police Reserves 3,000 2,480
Dispute Resolution Center 5,000 3,600
Century College 8,800 0
MCC -Room Rentals 25,000 13,500
Total* 125,995 45,820
Reserve Balance 5,180
*Available funds $51,000
Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann,
Koppen and Rossbach
Nays-Mayor Cardinal and
Councilmember Monahan-Junek
2. Interstate 94 Improvements (McKnight to Century), City Project 03-12 -Approve
Consultant Contract for Noise Monitoring
City Counci107-26-04 14
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 to grant municipal Consent for
the proposed improvements to Interstate 94 between McKnight Road and TH 120 and approve
the hiring of URS Engineers to conduct additional noise monitoring within the proiect area for a
total of $12.850 and direct the Finance Director to transfer the necessary_ funds from the
contingency fund to the project fund:
RESOLUTION 04-07-136
GRANTING MUNICIPAL CONSENT
INTERSTATE 94 IMPROVEMENTS
McKNIGHT ROAD TO TRUNK HIGHWAY 120
City Project 03-12
WHEREAS, the Minnesota Department of Transportation has requested that the City of Maplewood
grant approval through the Municipal Consent requirements for the improvement of Interstate 94
between McKnight Road and Trunk Highway 120 within the corporate boundaries of the City of
Maplewood, and
WHEREAS, the City of Maplewood did conduct a Public Hearing on July 12, 2004 for the purpose
of considering said request by the Minnesota Department of Transportation, and
WHEREAS, said Public Hearing was preceded by mailed notice to all properties with an interest in
said improvement, and
WHEREAS, the City Engineer has reported that additional noise monitoring can be conducted by
URS, Inc. in the amount of $12,850.00, and
WHEREAS, the Maplewood City Council has heard all testimony from individuals and residents on
this proposed improvement.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, that:
1. Municipal Consent is hereby granted to the Minnesota Department of Transportation for the
improvement of Interstate 94, McKnight Road to Trunk Highway 120.
2. The City Engineer is hereby authorized to proceed with a noise monitoring agreement with
URS, Inc. in the amount of $12,850.00.
The Finance Director is hereby authorized to transfer $12,850 from the Contingency Allocation of the
General Fund to the Project Fund.
Seconded by Councilmember Rossbach Ayes-All
3. MapleTree Project-John Brandt-Reconsideration
a. City Manager presented the report
City Counci107-26-04 15
b. Councilmember Monahan-Junek provided specifics.
Councilmember Monahan-Junek moved to reconsider the proposal from Jon Brandt of Maple
Tree Townhomes, and allow Mr. Brandt sixty days to bring his proposal back to council.
Seconded by Councilmember Koppen Ayes-All
K. NEW BUSINESS
1. On-Sale Intoxicating Liquor License -Jeffrey Flaherty, Buffalo Wild Wings Grill & Bar
- 3091 White Bear Avenue North
a. City Manager Fursman presented the staff report.
b. Police Chief Thomalla presented specifics from the report.
Councilmember Koppen moved to approve the on-sale intoxicating liquor license for Jeffrey
Flaherty for Buffalo Wild Wings Grill and Bar, at 3091 White Bear Avenue.
Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmembers
Juenemann, Koppen and Rossbach
Excused (away from the diaz)-Councilmember
Monahan-Junek
2. County Road D Realignment (East), Project 02-07 -Approve Right of Way and
Easement Acquisition Agreement with Country View Golf Course
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following settlement agreement for the Count
View Golf Course with the Moeren Family. which annroves the navment amounts for the
easement and right of waj~ acquisitions for the County Road D Realignment Project between
Trunk Hiehwav 61 and Southlawn Drive and authorized the Mayor and City Manager to Sim
said agreement siani , ing the City's approval
SETTLEMENT AGREEMENT & OPTION
THIS SETTLEMENT AGREEMENT and OPTION ("Settlement Agreement") is made this
day of July, 2004, by and between COUNTRY VIEW GOLF CENTER, INC., a Minnesota
corporation ("Country View"), and the CITY OF MAPLEWOOD, Minnesota, a Minnesota municipal
corporation (the "City").
RECITALS:
A. Country View (also referred to herein as "Owner" or "Owner of the Property")
currently holds fee title to the land legally described as Tract 1, Registered Land Survey No. 210
and Tract B, Registered Land Survey No. 466, Ramsey County, Minnesota (collectively, the
"Property").
City Counci107-26-04 16
B. The City is undertaking an improvement project identified as the County Road D
Extension Improvement, City Project No. 02-07 (the "Project").
C. As part of the preparation for the Project the City has requested, and Country
View has agreed, to grant to the City a temporary easement over the Parcel 1 Temporary
Easement Area (as defined below) for the limited purposes of: (i) vehicular traffic, ingress and
egress of the City's agents, contractors and servants as necessary to haul and place fill materials
along the proposed roadway alignment to surcharge/consolidate the poor soils in the area,
including the installation of wick drains in the area to assist in the surcharging process; (ii)
installation and monitoring of settlement plates as necessary to determine the progress of the
surcharging process; (iii) installation of silt fencing and other control measures; and (iv) the
removal of certain trees (not to exceed 20 trees and to be marked by the City and approved by
Country View before removal occurs) (such activities being referred to collectively hereinafter
as, the "Road Work"). Said temporary easement is attached to this Agreement as Exhibit A,
where the area is legally described and shall be executed by Country View on the date this
Agreement is executed.
D. As part of the Project, the City has requested, and Country View has agreed, to
grant to the City a temporary easement over the Parcel 2 Temporary Easement Area (as defined
below) for the limited purposes of vehicular traffic, ingress and egress of the City's agents,
contractors and servants as necessary to excavate and remove materials to a specified elevation
level and construct and complete the wetland mitigation ("Wetland Mitigation") and the storm
water pond construction ("Storm Water Pond") (collectively referred to as the "Wetland/Pond
Work") (the Road Work and the Wetland/Pond Work are referred to collectively herein as the
"Scope of Work"). Said temporary easement is attached to this Agreement as Exhibit B and
shall be executed by Country View on the date this Agreement is executed.
E. As part of the Project, the City has requested, and Country View has agreed, to
grant the City aright of access over the gravel drive area to obtain access off of Trunk Highway
61 as set forth, shown and identified in cross-hatching on the attached Exhibit C. Said right of
access is attached to this Agreement as Exhibit D and shall be executed by Country View on the
date this Agreement is executed.
F. As part of the Project, the City has requested, and Country View has agreed, to
grant the City a permanent easement for drainage and utility to cover the area of land
encompassing the wetland mitigation and storm water pond area, as set forth and identified on
the attached Exhibit C made a part hereof. Said permanent easement is attached to this
Agreement as Exhibit E and shall be executed by Country View on the date this Agreement is
executed.
G. As part of the Project, the City has requested, and Country View has agreed, to
grant the City fee title for roadway right-of--way as set forth and identified on the attached
Exhibit F made a part hereof. Said warranty deed for conveying fee title to the roadway right-of-
way is attached to this Agreement as Exhibit F and shall be executed by Country View on the
date this Agreement is executed.
H. The Property being taken by the City for the permanent easement for drainage and
utility and the fee title for roadway purposes is granted to the City in an "as is" condition without
any representations or warranties as to environmental matters from Country View.
City Counci107-26-04 17
The foregoing Recitals are incorporated into this Agreement and made a part of this Agreement.
In exchange for the consideration as set forth in this Agreement, the receipt and sufficiency of which are
hereby acknowledged, the City and Country View, on behalf of themselves and their successors and
assigns, hereby agree as follows:
AGREEMENT
ARTICLE 1.
Temporary Easements
Section 1.1. Temporary Easement -Parcel 1. At no cost to the City, Country View hereby
grants to the City a temporary easement ("Parcel l Temporary Easement") over that portion of the
Property identified as Parcel 1 and legally described on the attached Exhibit C made a part of hereof and
shown in crosshatching ("Easement Area for the Road Work") for the purposes of completing the
Road Work. Said Parcel 1 Temporary Easement is attached to this Agreement as Exhibit A and shall be
executed by Country View on the date this Agreement is executed.
Section 1.2. Temporary Easement -Parcel 2. At no cost to the City, Country View hereby
grants to the City a temporary easement ("Parcel 2 Temporary Easement") over that portion of the
Property as legally described on the attached Exhibit C made a part of hereof and identified as Parcel 2
and as highlighted ("Easement Area for the Wetland/Pond Work") for the purposes of completing
the Wetland/Pond Work. Said Parcel 2 Temporary Easement is attached to this Agreement as Exhibit C
and shall be executed by Country View on the date this Agreement is executed. The specific location
and size of the Wetland Mitigation and Storm Water Pond are identified in the attached Exhibit A, and
made a part of this Agreement.
Section 1.3. Representations by Country View. Country View represents that it has all
requisite power and authority to grant the temporary easements for Parcel 1, Parcel 2 and the officers of
Country View who execute these temporary easements on behalf of Country View have the power and
authority to do so and bind Country View.
Section 1.4. Term. The temporary construction easement shall commence on the date of this
Agreement and shall automatically expire on August 31, 2005. After the expiration of the Term, this
Agreement shall be of no further force and effect, except for those provisions which survive expiration
as provided herein.
Section 1.5. Restoration. The City hereby covenants that all work performed by the City in
connection with the Parcel 1 and Parcel 2 Temporary Easements shall be done with care, and any of the
surface, driveways and other improvements or landscaping on or abutting the Property or Easement
Area that are damaged or disturbed during the Term shall be promptly restored at the City's expense to
the same condition as existed prior to work commencing. Further, in the event that the City Council
determines not to proceed with the Project then any improvements, completed in the Easement Area
shall belong to Country View without expense to Country View and without special assessment against
the Property, it being recognized that Country View has granted these Temporary Easements as
accommodations to the City.
ARTICLE 2.
Right of Access
Section 2.1. Right of Access. Country View grants the City a right of access over the gravel
drive area to obtain access off of Trunk Highway 61 as set forth, shown and identified in cross-hatching
City Counci107-26-04 18
on the attached Exhibit C ("Ingress and Egress Easement Area") (the Easement Area for the Road
Work, Easement Areafor the Wetland/Pond Work and Easement Areafor the Road Work, Easement
Area for Ingress and Egress are collectively referred to herein as the "Easement Area"). Said Right of
Access is attached to this Agreement as Exhibit D and shall be executed by Country View on the date
this Agreement is executed. The City shall use the Ingress and Egress Easement Area for no purpose
other than ingress and egress over the gravel road as necessary to get to the Easement Area.
Section 2.2. Term. The Right of Access shall commence on the date of this Agreement and
shall automatically expire on August 31, 2005. After the expiration of the Term, this Agreement shall be
of no further force and effect, except for those provisions which survive expiration as provided herein.
Section 2.3. Use & Performance. The City shall use the Easement Area for the Scope of Work
for no purpose other than performance of the Scope of Work identified in this Settlement Agreement.
The Wetland Mitigation and Storm Water Pond shall be located within, and restricted to, the area
identified in the attached Exhibit C. and the City shall not otherwise be performing any work except as
identified in the "Scope of Work" set forth in Recitals C and D of this Agreement.
Section 2.4. Representations by Country View. Country View represents that it has all
requisite power and authority to grant the right of access and the officers of Country View who execute
these temporary easements on behalf of Country View have the power and authority to do so and bind
Country View.
ARTICLE 3.
Permanent Easement
Section 3.1. Permanent Drainage and Utility. Country View agrees to grant to the City a
permanent easement consisting of 388,593 square feet for drainage and utility to cover the area of the
land encompassing the wetland mitigation and storm water pond area, which permanent easement shall
be separately drafted and recorded of record. Said permanent easement is attached to this Agreement as
Exhibit E and shall be executed by Country View on the date this Agreement is executed.
Section 3.2. Abandonment. Country View acknowledges and agrees that the Wetland/Pond
Work is permanent in nature and in the event the City shall abandon the Project, the City shall not be
required to remove or restore the Wetland/Pond Work to its original condition. In addition, in the event
that the City abandons the Project, the permanent easement will not be vacated by the City and will
remain in effect.
Section 3.3. Representations by Country View. Country View represents that it has all
requisite power and authority to grant the permanent easement and the officers of Country View who
execute these temporary easements on behalf of Country View have the power and authority to do so
and bind Country View.
Section 3.4. Consideration. The City shall compensate Country View for the permanent
easement at rate of $2.50 per square foot, a total amount of $971,482.00, to be paid in accordance with
Section 8.2 of this Settlement Agreement.
ARTICLE 4.
Fee Title
Section 4.1. Fee Title. Country View agrees to convey by limited warranty deed fee title to
the property described in attached Exhibit H. The City shall compensate Country View for this property
City Counci107-26-04 19
by paying Country View $6.50 per square foot for the "upland" portion of the Property (80,904 square
feet) and $4.00 per square foot for the "lowland" portion of the Property (80,904 square feet) for a total
payment of $849,492.00, to be paid in accordance with Section 8.2 of this Settlement Agreement.
Section 4.2. Special Assessment. Country View agrees that the special assessment value for
the road improvements for County Road D on the Property (PIN 032922230009) shall be $135,787.25
("Special Assessment"). The breakdown of assessments is as follows:
Roadway $135,787.25
Country View has been advised of its right to notice and a public hearing and right to appeal
concerning the assessments proposed against the Property with the amount to be $135,787.25. The
assessments are to be paid over a fifteen (15) year period at an estimated interest rate of 5%. Country
View expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments
pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of
assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N. W.2d 746
(Minn. 1953). Country View shall pay the Special Assessment as set forth in the Statement of
Assessment or in a lump sum. This Special Assessment amount shall not be deducted from the amount
being paid by the City to Country View in this Settlement Agreement.
ARTICLE 5.
Additional Consideration
Section 5.1. Consideration for the Easements and Fee Title Taking.
(a) Connecting Road. As consideration for Country View granting the right of access,
temporary and permanent easements and fee title for the Roadway provided by this Agreement, the City
hereby agrees to construct for the benefit of Country View a roadway connection to the new County
Road D that will be three hundred (300) feet in length, will be constructed to City standards with
bituminous pavement and concrete curb and gutter, at such location as mutually agreed upon between
Country View and the City ("Connecting Road"). The City and Country View shall determine the
location of the Connecting Road on or before April 1, 2005, with both parties agreeing to work in good
faith to try to reach an agreement prior to this date to determine the location of the Connecting Road.
The parties agree thatthe value of this roadway connection is $75,000.00. It is also agreed thatthe
Connecting Road shall be at the City's cost and expense.
(b) Option to Purchase. The City agrees to grant to Country View an option to purchase that
parcel identified as the Venburg Tire parcel presently consisting of 38,486 square feet set forth and
identified on the attached Exhibit G and made a part hereof ("Venburg Parcel") at a rate of $8.00 per
square foot ($307,888.00), and the City agrees to grant to Country View an option to purchase the parcel
identified as the Xcel Energy excess land parcel presently consisting of 60,580 square feet as set forth
and identified on the attached Exhibit H and made a part hereof ("Xcel Parcel") at a rate of $4.00 per
square foot ($242,320.00) (the Venburg Parcel and Xcel Parcel are collectively referred to hereinafter as
the "Option Parcels" or individually as an "Option Parcel"). Should Country View exercise its option
with respect to the Venburg Parcel, it agrees that it shall pay and shall not object to the $40,617.50 in
special assessments to be levied by the City for the construction of County Road D, which Special
Assessment shall be paid as set forth in the Statement of Assessment or in a lump sum, at Country
View's option. There shall be no assessments levied by the City with respect to the Xcel Parcel for the
Project.
City Counci107-26-04 20
The Option period shall commence from the date of execution of this Agreement and expire on
August 31, 2005. In the event that Country View shall sell its Property at any time before the Option
Parcels have been conveyed from the City to Country View or a Third Party Purchaser then this Option
maybe assigned by Country View and this Option shall run with the Property and shall burden the
Option Parcels. This right shall continue to run with the Property and shall be binding on and to the
benefit of all successors and assigns of the Property and shall survive the Term of this Agreement. The
Option Parcels shall be sold to Country View "as is" post construction. "Post Construction" meaning
that all structures will be demolished and removed, all wells will be capped and any environmental
contamination shall be remediated by the City. Country View or its developer shall be responsible for
any soil corrections that maybe necessary for the developer to build on the Venburg Parcel. The City
shall record a Memorandum of Option of record signed by the City and Country View for each Option
Parcel for the benefit of Country View after an Option Parcel has been acquired by the City, reflecting
the terms of the Option granted to Country View in this Agreement. A copy of the recorded
Memorandum of Option shall be provided to Country View.
(c) Pond Sizing for Development. As additional consideration to Country View, the City
acknowledges and agrees that the area of the permanent drainage and utility easement being granted to
the City by Country View, consisting of 388,593 square feet, shall be included in any density calculation
by the City in determining the density requirements for the development of the Property. The 161,808
square feet conveyed fee title to the City by Country View shall not be included in these calculations as
it is a permanent taking.
The City agrees that 25% of its ponding requirement for Country View's Property in a future
developed condition has been met by the wetland and storm water pond area that has been constructed
by the City and will be located within the permanent drainage and utility easement. The remaining 75%
of the ponding requirement for the Property shall be completed by Country View in connection with the
development of the Property in the future.
ARTICLE 6.
Scope of Work
Section 6.1. Scope of Work. The City shall perform and complete the Scope of Work: (a) in a
safe, orderly, good, and workmanlike manner; (b) in a manner that meets all local, state, and federal
laws; (c) in a manner in which does not interfere with in any way with the use of existing structures,
roads or other improvements of Owner that are necessary to the use of the operational portion of the
Property during the year 2004 with the exception of the first and ninth holes of the front nine hole golf
course, the maintenance building and the access road to the maintenance building, which will be
disturbed by the Scope of Work beginning in October of 2004; (d) completely within the Easement
Area, and (e) at the City's sole cost and expense, although this Agreement does not preclude the City
from administering assessments on the Property for the improvements as stated above.
ARTICLE 7.
Indemnification; Insurance
Section 7. L Indemnity. The City shall hold harmless, defend and indemnify the Owner of the
Property, its agents, and their respective employees, successors and assigns, from and against all loss,
costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees, arising out of
or due to, the negligence or willful misconduct of the City, in action or omission of the City, or its
agents, employees or contractors in their use of the Temporary Easement. The City also agrees to
correct any damage caused to the Easement Area as a result of the City's use of the Temporary
Easement in a manner that is consistent with the condition of the Easement Area prior to the City's use
City Counci107-26-04 21
of the Temporary Easement, excepting out any requirement for the wetland mitigation and storm water
pond that are permanent in nature. Country View agrees to indemnify and save the City harmless from
all claims (including costs and expenses of defending against such claims) arising from any negligent
act, negligent omission or intentional tort of Country View or Country View's agents, employees,
contractors, invitees or licensees occurring during the term of this Agreement in or about the Property.
Section 7.2. Insurance. The City shall maintain: (a) comprehensive general liability insurance
with a minimum of $1,000,000 per occurrence and $2,000,000 aggregate, (b) comprehensive automobile
liability at a limit of liability not less than $500,000 combined bodily injury and property damage. Such
insurance policies shall cover the City's indemnification obligations under this Agreement and shall be
satisfactory to Owner. A certificate of insurance evidencing such coverage shall be provided to Owner
prior to any entrance by the City or its employees, agents, or contractors onto the Property. The City's
insurance coverage is subject to statutory liability limits.
Section 7.3. Survival. All the City's obligations set forth herein shall survive the expiration or
earlier termination of this Agreement.
ARTICLE 8.
Miscellaneous
Section 8.1. Public Purpose. This Settlement Agreement shall be the full and final agreement
between the parties with respect to any condemnation of the Property. Therefore, Country View agrees
to waive its public purpose and any or all challenges that it may have had to any condemnation
proceedings initiated by the City with respect to this Property.
Section 8.2. Payment of Compensation. The total compensation amount to be paid to Country
View by the City is $1,820,974.00, plus the additional non-monetary compensation as set forth above.
The City shall initially pay only a portion of the compensation amount of $1,266,735.00 to Country
View within thirty (30) days of the Settlement Agreement being approved by the City Council and
executed by both parties. The remaining sum of $550,208.00 ("Escrowed Option Funds"), consisting
of the aggregate purchase price established for the Option Parcels that Country View will have the right
to purchase during the Option Period, shall continue to be held by the City and released to Country
View at earlier of: (1) the expiration of the Option Period of August 31, 2005; or (2) if Country View
chooses to exercise one or both of the Options, the Escrowed Option Funds shall be released in an
amount that is equal to the price established in this Settlement Agreement for the Option Parcel
purchased; or (3) if Country View notifies the City in writing prior to the expiration of the Option
Period that it is relinquishing its rights to exercise its Option as to either Option Parcel, then the City
shall release the remaining Escrowed Option Fund(s) being held within ten (10) business days after it
receives written notice.
Section 8.3. Severability. The invalidity of any covenant, restriction, condition, limitation,
provision, paragraph or clause of this Agreement, or of any part of the same, or the application thereof
to any person or circumstance, shall not impair or affect in any manner the validity, enforceability, or
effect of the rest of this Agreement, or the application or any such covenant, restriction, condition,
limitation, provision, paragraph or clause to any person or circumstance.
Section 8.4. Interpretation. Whenever appropriate, the singular number maybe read as the
plural, and the plural maybe read as the singular. Any gender used maybe read as the feminine, neuter
or masculine gender, whichever is appropriate. Compound words beginning with the prefix "here" shall
be read as referring to this entire Agreement and not merely to the part of it in which they appear.
City Counci107-26-04 22
Section 8.5. Minnesota Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
Section 8.6. Successors and Assigns. Except as provided otherwise herein, this Agreement
shall inure to the benefit of and be binding on the parties hereto and their respective successors and
assigns. If any of the Property described herein is subdivided into two or more ownerships, each
obligation thereafter arising under this Agreement shall bind only those portions of such property as to
which such obligation relates, and the owners thereof, and the other portions of such property and the
owners thereof shall not be burdened by such obligation.
Section 8.7. Amendment or Modification. This Agreement maybe amended or modified from
time to time by a written and recorded instrument duly executed by all of the parties.
Section 8.8. Counterparts. This Agreement maybe executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together shall constitute one and the
same document. A signature page to any counterpart maybe detached from such counterpart without
impairing the legal effect of the signatures thereon and thereafter attached to another counterpart
identical thereto except having attached to it additional signature pages.
Section 8.9. Drafting. Each of the parties to the Agreement have been represented by legal
counsel and neither party shall be construed to be the drafter of the Agreement.
Section 8.10. Entire Agreement. This Agreement reflects the entire agreement between the parties
and supersedes all prior written or oral arguments including, without limitation (1) the prior Temporary
Easement Agreement between the parties dated November 24, 2003, and (2) the Memorandum of
Understanding dated February 12, 2004. The full agreement of the parties with respect to the Property
is encompassed in this Agreement.
Seconded by Councilmember Rossbach Ayes-All
3. T.H. 61 Frontage Road at Kline Volvo, Project 04-25 -Resolution Approving Agreement
for Right of Way Deed and Authorizing Preparation of Preliminary Report
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution authorizingpreparation of a
preliminary report for construction of a frontage road at Kline Volvo and Kline Nissan and
approving the agreement with Kline Volvo on right of way exchange:
RESOLUTION 04-07-137
AUTHORIZING PREPARATION OF PRELIMINARY REPORT
APPROVING AGREEMENT WITH KLINE VOLVO
WHEREAS, a Public Hearing was held on May 24, 2004 for the improvement of Trunk
Highway 61 (Beam to Interstate 694), City Project 04-25, and
WHEREAS, the city council authorized improvements to TH 61, and
City Counci107-26-04 23
WHEREAS, Kline Volvo has executed a deed vacating their interests in property along Trunk
Highway 61 (Beam to Interstate 694), and
WHEREAS, said Kline agreement provides for the City to investigate the construction of a
frontage road that will benefit the City and Kline Volvo and other businesses along Trunk
Highway 61.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
That said agreement between Kline Volvo and the City of Maplewood is hereby
approved and the City Manager and Mayor are hereby authorized to sign said agreement
signifying the City's approval of the agreement.
2. The City Engineer is hereby ordered to prepare a preliminary report advising the City
Council of the proposed improvements of frontage roads adjacent to and along the
eastern side of Trunk Highway 61 from the new alignment of County Road D and
existing County Road D.
3. The finance director is hereby authorized to make the financial transfers necessary to
create a project budget in the amount of $20,000 for said purposes.
Seconded by Councilmember Mayor Cardinal Ayes-All
4. Code of Conduct for Council and Commission Members
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Koppen moved to adopt the Code of Conduct for council and commission
members.
Seconded by Councilmember Monahan-Junek Ayes-All
5. Gladstone Neighborhood -Resolution of Support for Livable Communities
Demonstration Account Development Grant
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution showing the city council's
intent to comply with the Livable Communities Demonstration Account Program contract
requirements for the requested $2,565,000 development grant for capital improvements in the
Gladstone Neighborhood:
City Counci107-26-04 24
RESOLUTION NO. 04-07-130
CITY OF MAPLEWOOD, MINNESOTA
AUTHORIZING APPLICATION FOR A DEVELOPMENT GRANT THROUGH THE
LIVABLE COMMUNITIES DEMONSTRATION PROGRAM
WHEREAS, the City of Maplewood is a participant in the Livable Communities Act's Housing
Incentives Program for 2004 as determined by the Metropolitan Council and is, therefore, eligible to
make application for funds under the Livable Communities Demonstration Account; and
WHEREAS, the city has identified a proposed project within the city that meets the Demonstration
Accounts purpose and criteria; and
WHEREAS, the city has the institutional, managerial and financial capability to ensure adequate
project administration; and
WHEREAS, the city certifies that it will comply with all applicable laws and regulations as stated in
the contract agreements: and
WHEREAS, the city council of the City of Maplewood, Minnesota agrees to act as legal sponsor for
the project contained in the development grant application submitted on June 30, 2004;
THEREFORE, BE IT RESOLVED, that the city manager is hereby authorized to apply to the
Metropolitan Council for this funding on behalf of the City of Maplewood and to execute such
agreements as are necessary to implement the project on behalf of the applicant.
Seconded by Councilmember Monahan-Junek Ayes-All
6. Merit Pay Program Change
a. City Manager Fursman presented the staff report and presented specifics.
Councilmember Koppen moved to approve the plan to eliminate merit Pam
Seconded by Councilmember Monahan-Junek Ayes-All
Atlantic Street Water Main, Project 03-16 -Resolution for Cancellation of Project and
Authorizing Financing of Expenses by the WAC Fund
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution for the cancellation of
Atlantic Street Water Main, Project 03-416; and authorized the financing of project expenses by
the WAC fund (St. Paul S,, s~~
RESOLUTION 04-07-138
CANCELLATION OF ATLANTIC STREET WATER MAIN, PROJECT 03-16, AND
AUTHORIZING FINANCING OF PROJECT EXPENSES BY THE WAC FUND
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WHEREAS, On March 24, 2003, the council received a petition from Ohlson Landscaping Inc.
requesting water main be extended to their property as a public improvement, and
WHEREAS, the council approved a resolution ordering the preparation of the feasibility study
for the Atlantic Street Water Main, Project 03-16 on March 24, 2003, and,
WHEREAS, the council approved a resolution ordering preparation of final plans and
specifications for the Atlantic Street Water Main, Project 03-16 on August 25, 2003, and,
WHEREAS, subsequent events have led the petitioner to withdraw their request for public
improvement and construct the improvements privately and at their expense, and,
WHEREAS, expenses were incurred in the preparation of the feasibility study and final plans
and specifications which cannot now be recouped through assessments as proposed in the
feasibility study.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. That the Atlantic Street Water Main, Project 03-16 is cancelled, and
2. All expenses incurred as part of the project shall be financed by the WAC Fund.
Seconded by Councilmember Koppen Ayes-All
8. Springside Drive Extension, Project 03-36 -Resolution Accepting Report and Calling for
Public Hearing.
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen
Extension-West of Sterling Street:
RESOLUTION 04-07-139
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the council adopted October 13, 2003, a report has
been prepared by the city engineering division with reference to the improvement of Springside
Dr. Extension -West of Sterling St., City Project 03-36, and this report was received by the
council on July 26, 2004, and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
City Counci107-26-04 26
1. The council will consider the improvement of such street in accordance with the
report and the assessment of abutting property for all or a portion of the cost of the improvement
pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of
$162,429.41.
2. A public hearing shall be held on such proposed improvement on the 9th
day of August 2004 in the council chambers of city hall at 7 p.m., and the clerk shall give mailed
and published notice of such hearing and improvement as required by law.
Seconded by Councilmember Juenemann Ayes-All
9. Follow-up on Fire Study
a. City Manager presented the report.
b. Police Chief Thomalla provided further specifics of the report.
L.
Councilmember Juenemann moved to keep Emergency Medical Services in the City of
Maplewood.
Seconded by Councilmember Monahan-Junek Ayes-All
Councilmember Monahan-Junek moved to proceed with the budgeting and the plan to hire 6
additional fire fighter/paramedics with the understanding that the service level of the
implementation would be equal to or greater than the current level of service and that staff would
work closely with the paid-per-call firefighters which are very important to the hybrid EMS
delivery model.
Seconded by Councilmember Rossbach
Ayes-Mayor Cardinal, Councilmembers
Juenemann, Monahan-Junek and Rossbach
Nays-Councilmember Koppen
VISITOR PRESENTATIONS
None
M. COUNCIL PRESENTATIONS
1. National Night Out-Councilmember Juenemann noted that there are currently 55 block
parties for National Night Out Tuesday, August 3`d.
2. Introduction of the Meeting Process-Councilmember Monahan-Junek asked that council
procedures be reviewed at the beginning of each meeting for the benefit of visitors.
3. Water Board Schedule-Mayor Cardinal noted that the campus is proceeding well. The
office will be finished September 21st and the move will occur some time in October.
4. Ramsey County Fair-Mayor Cardinal read a letter from Joe Fox from Ramsey County
informing residents that Ramsey County has withdrawn all funds allocated to the fair.
City Counci107-26-04
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5. City Hall Campus Master Plan-City Engineer Ahl presented a plan designed to help City
Hall Campus to become more environmentally friendly.
6. Johnny Appleseed Day-Mayor Cardinal announced that Johnny Appleseed Day will be
celebrated at Bruentrup Farm, Saturday, August 21st, 11:00 a.m. to 3:00 p.m. Food and
beverage will be served.
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Councilmember Koppen moved to adjourn the meeting at 10:55 p. m.
Seconded by Councilmember Juenemann Ayes -All
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