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HomeMy WebLinkAbout02-28-2005MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 28, 2005 Council Chambers, City Hall Meeting No. OS-04 A. B. C. D. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:00 P.M. by Mayor Cardinal. 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. Clarification from the February 14, City Council Meeting Minutes-On-Sale Liquor License Violation Incentive Program a. City Manager Fursman presented the report. b. Records, Elections and Licensing Director Guilfoile presented specifics from the report. Mayor and council clarified that the motion from the February 14~' City Council meeting should include approving a one time 5% discount to on-sale liquor license holders who do not receive any liquor license violations over a 5 year period of time (effective January 1, 2005). Seconded by Councilmember Rossbach Ayes-All 2. Minutes from the CounciUManager Workshop, February 14, 2005 Councilmember Monahan-Junek moved to approve the minutes from the February 14. 2005 City Council/Manager workshop as presented. Seconded by Councilmember Rossbach Ayes-Mayor Cardinal, Councilmembers Koppen, Monahan-Junek and Rossbach Abstain-Councilmember Juenemann City Counci102-28-OS 3. Minutes from City Council Meeting-February 14, 2005 Councilmember Monahan-Junek moved to approve the minutes from the February 14. 2005 City Council Meeting as presented. Seconded by Councilmember Rossbach Ayes-All E. APPROVAL OF AGENDA Councilmember Manahan-Junek moved to approve the agenda as presented. Seconded by Councilmember Koppen Ayes-All F. APPOINTMENTS/PRESENTATIONS None G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 204,146.21 Checks # 66218 thru # 66291 dated 02/11/05 thru 02/15/05 $ 126,685.43 Disbursements via debits to checking account dated 02/04/05 thru 02/10/05 $ 218,367.61 Checks # 66292 thru # 66351 dated 02/22/05 $ 266,945.80 Disbursements via debits to checking account dated 02/11/05 thru 02/17/05 $ 816,145.05 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 443,754.29 02/11/05 $ 5,436.63 Payroll Deduction check # 100488 thru # 100493 dated 02/11/05 $ 449,190.92 Total Payroll $ 1,265,335.97 GRAND TOTAL City Counci102-28-OS 2 2. Carry Over of 2004 Appropriations to 2005 Approved the carry over of 2004 appropriations to 2005. 3. Resolution Amending Terms for Series 2004B Bonds Adopted the following resolution moving the surplus bond proceeds to the Gladstone project: RESOLUTION OS-02-019 AMENDING THE RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $13,010,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004B, PROVIDING FOR THEIR ISSUANCE, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, by resolution duly adopted by the City Council on July 22, 2004 (the "Bond Resolution"), the City Council of the City of Maplewood, Minnesota (the "City"), issued $13,010,000 General Obligation Improvement Bonds, Series 2004B (the "Bonds") to finance various municipal improvement projects (the "2004 Improvements"); and B. WHEREAS, the City has received prepaid special assessments for two of the improvement projects that constituted a portion of the 2004 Improvements, specifically (i) County Road D, Hazelwood to Highway 61 and (ii) Legacy Parkway, Kennard to Southlawn, consequently the City proposes to use these prepaid special assessments to finance a portion of the cost of these two improvement projects and also to use Bond proceeds to finance a new additional improvement project, Gladstone North Area Streets (the "2005 Improvement" and, together with the "2004 Improvements", the "Improvements"); and C. WHEREAS, the 2005 Improvement and all its components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the 2005 Improvement or all its components by general nature, estimated cost, and area to be assessed; and D. WHEREAS, the City hereby determines that the Bond Resolution must be amended to (i) accurately reflect the special assessment levies and collections for the 2004 Improvements; (ii) add the 2005 Improvement and the tax and special assessment levies and collections therefor; and (iii) accurately reflect the tax levies and collections for the Improvements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows: 1. Whereas Clause A of the Bond Resolution is amended to read as follows: A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $13,010,000 General Obligation Improvement Bonds, Series 2004B (the "Bonds"), of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvement projects within the City, as described in paragraph 16 hereof (the "Improvements"); and 2. Paragraph 16 of the Bond Resolution is amended to read as follows: 16. Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every City Counci102-28-OS assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they maybe done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to betaken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as maybe required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized in accordance with Minnesota Statutes, Section 475.55, Subdivision 3. The assessments are payable in equal annual installments with interest on the declining balance at the rates specified below. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rates per annum specified below: ImorovementDesiQnation Amount Levy Years Collection Years Rate County Road D, Hazelwood to Highway 61 $2,039,400 2004-2019 2005-2020 5.00% County Road D, West of Highway 61 974,600 2004-2019 2005-2020 5.00% Kennard Street, Beam to County Road D 2,069,735 2003-2018 2004-2019 6.00% County Road D Watermain Improvements 198,460 2004-2019 2005-2020 5.00% Atlantic Street Utilities, West of Frost Avenue 59,450 2004-2019 2005-2020 5.00% Hazelwood/County Road C Area Streets 776,150 2004-2019 2005-2020 5.00% Carlton Street, Conway to Mirmehaha 339,200 2004-2019 2005-2020 5.00% Legacy Parkway, Kennard toSouthlawn 1,199,050 2004-20019 2005-20202 5.00% Gladstone Area North Streets 926,620 2005-2020 2006-2021 5.00% At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 3. Paragraph 17 of the Bond Resolution is amended to read as follows: 17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: City Counci102-28-OS Year of Year of Tax Levy Tax Collection Amount SEE ATTACHED EXHIBIT A The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 4. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as the County Auditor shall require, and to obtain from the County Auditor the certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 5. Except as hereby amended, all other terms and conditions of the Bond Resolution shall remain in full force and effect. EXHIBIT A Tax Levy Schedule $13,010,000 City of Maplewood, Minnesota General Obligation Improvement Bonds Series 2004B Post-Sale Tax Levies Date Principal Coupon Interest Total P+I 105%OVerlery Revenue Levy Amount Lery Vear 08/01/2005 1,000,000.00 3.000% 483,960.00 1,483,960.00 1,558,158.00 301,146.30 - 2003' 08/01/2006 835,000.00 3.000% 453,960.00 1,288,960.00 1,353,408.00 975,452.42 1,634,968.00 2004" 08/01/2007 825,000.00 3.000% 428,910.00 1,253,910.00 1,316,605.50 998,411.98 318,193.52 2005 08/01/2008 810,000.00 3.000% 404,160.00 1,214,160.00 1,274,868.00 956,840.55 318,027.45 2006 08/01/2009 800,000.00 3.250% 379,860.00 1,179,860.00 1,238,853.00 926,851.85 312,001.15 2007 08/01/2010 795,000.00 3.500% 353,860.00 1,148,860.00 1,206,303.00 896,863.13 309,439.87 2008 08/01/2011 790,000.00 3.750% 326,035.00 1,116,035.00 1,171,836.75 866,874.43 304,962.32 2009 08/01/2012 785,000.00 4.000% 296,410.00 1,081,410.00 1,135,480.50 836,885.73 298,594.77 2010 08/01/2013 785,000.00 4.000% 265,010.00 1,050,010.00 1,102,510.50 806,897.03 295,613.47 2011 08/01/2014 785,000.00 4.000% 233,610.00 1,018,610.00 1,069,540.50 776,908.33 292,632.17 2012 08/01/2015 785,000.00 4.000% 202,210.00 987,210.00 1,036,570.50 746,919.62 289,650.88 2013 08/01/2016 785,000.00 4.000% 170,810.00 955,810.00 1,003,600.50 716,930.89 286,669.61 2014 08/01/2017 790,000.00 4.100% 139,410.00 929,410.00 975,880.50 686,942.18 288,938.32 2015 08/01/2018 795,000.00 4.250% 107,020.00 902,020.00 947,121.00 656,953.50 290,167.50 2016 08/01/2019 665,000.00 4.250% 73,232.50 738,232.50 775,144.13 626,964.78 148,179.35 2017 08/01/2020 180,000.00 4.400% 44,970.00 224,970.00 236,218.50 458,993.82 - 2018 08/01/2021 185,000.00 4.500% 37,050.00 222,050.00 233,152.50 64,863.40 168,289.10 2019 08/01/2022 195,000.00 4.500% 28,725.00 223,725.00 234,911.25 - 234,911.25 2020 08/01/2023 205,000.00 4.750% 19,950.00 224,950.00 236,197.50 - 236,197.50 2021 08/01/2024 215,000.00 4.750% 10,212.50 225,212.50 236,473.13 - 236,473.13 2022 Total $13,010,000.00 - $4,459,365.00 $17,469,365.00 $18,342,833.25 $12,301,699.94 $6,263,909.35 - The C~ly expects fo make this payment from available (ands, which will be reimbursetl w~lh the (irsf levy (orfhis issue. This levy will be sul(kienf fo pay the principal antl interest payments tlue in 2006 antl fo reimburse the C~ly (w the August 1, 2005 payment. Clty ~;Olll1C11 ~2-28-~5 4. Wateriest Appropriations for 2005 Approved the RWMWD request for funds for Wateriest. Funds are available in the storm sewer maintenance budget. 5. Conditional Use Permit Review - Menard's (2280 Maplewood Drive) Approved to review the conditional use permit for Menard's at 2280 Maplewood Drive again in one year. The council may review this permit sooner if a problem arises or if Menard's proposes a major change to the site. 6. Conditional Use Permit Review -Woodhill (2516 Linwood Avenue) Approved to review the conditional use permit for the planned unit development (PUD) for Woodhill again in one year or sooner if the owner proposes a major change to the approved project plans. Conditional Use Permit Review -Highwood Farms Townhouses (2666 Highwood Avenue) Approved to review the conditional use permit for the planned unit development (PUD) for the Highwood Farms Town Houses on Highwood Avenue again in one year or sooner if the owner proposes a major change to the site. At that time, the city shall end the approval of the PUD and the preliminary plat if the owner of another developer has not made significant progress in starting and completing the project. 8. Conditional Use Permit Review -Saint Paul Business Center East (1983-2025 Sloan Place) Approved to review the conditional use permit for the St. Paul Business Center East again in six months to ensure compliance with conditions and that all the repairs have been made. 9. Late Fee Penalty for Business License's Ordinance-Second Reading Approved the following ordinance revision to add a penalty clause for late application and or payment: Ordinance No. 859 Businesses and Licensing Sec. 14-27. ^...,....~~. Fee Amounts and Penalty for Late Application and Payment. Unless otherwise specifically or expressly provided, the amount of any license fee for any license issued by the city shall be imposed, set, established and fixed by the city council, by resolution, from time to time. When a licensee or permit holder fails to make applicarion for a renewal or to pay the required fee on or before the due date, the city will impose a penalty of $25.00 or 10% of the City Counci102-28-OS license fee whichever is greater of the two. 10. Venburg/Guldens Frontage Road Improvements, City Project 02-08, (04-04)-Resolution for Modification of the Existing Construction Contract, Change Order Nos. 1, 2, and 3 Adopted the following resolution directing the modification of the construction contract with Imperial Developer's Inc. by $3,521 for the Venburg/Guldens Frontage Road Improvements, City Project 04-04, (02-08), by approving change Order Nos. 1, 2, and 3: RESOLUTION OS-02-020 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 04-04, Venburg/Guldens Frontage Road Improvements, (part of County Road D West Realignment, Project 02-08), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 04-04, Change Order Nos. 1, and 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 1, 2 and 3 in the amount of $3,521.00. The revised contract amount is $329,890.39. No revision to the financing plan is required at this time as all items fall within the approved budget. 11. Hazelwood Street Improvements, City Project 03-39 -Resolutions for Restriction of Parking and Establishing an Urban District and Speed Zone Adopted the following resolutions approving No Parking restrictions and establishing an urban district and speed zone for Hazelwood Street from Beam Avenue and County Road D. RESOLUTION OS-02-021 NO PARKING RESTRICTIONS HAZELWOOD STREET IMPROVEMENT, PROJECT 03-39 S.A.P.138-112-006 WHEREAS, the City of Maplewood has approved the plans for the construction of Hazelwood Street from Beam Avenue to County Road D; and WHEREAS, the city will be expending Municipal State Aid (MSA Project 138-112-006) funds on the improvement of said street; and WHEREAS, segments of said improvement do not conform to the approved minimum State Aid width standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. City Counci102-28-OS NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on both the east and the west sides of Hazelwood Street from Beam Avenue to County Road D, with the exception of the following locations: Parking shall be permitted on the east side of Hazelwood Street fora 239-ft segment of street between 190' and 431' south of the centerline of Legacy Parkway. 2. Parking shall be permitted on the east side of Hazelwood Street fora 90-ft segment of street between 68' and 158' north of the centerline of Legacy Parkway. RESOLUTION OS-02-022 ESTABLISHING AN URBAN DISTRICT SEGMENT AND SPEED ZONE ON HAZELWOOD STREET BETWEEN BEAM AVENUE AND COUNTY ROAD D WHEREAS, a 40 mph speed zone currently exists on Hazelwood Street between Beam Avenue and County Road D; and WHEREAS, a 40 mph roadway aY this location is no longer appropriate for reasons of public safety, based on the changing urban character of adjacent development; and WHEREAS, the scheduled 2005 reconstruction (C.P. 03-39, SAP 138-112-006) of said roadway has been designed assuming a 30 mph design speed; and WHEREAS, the city council of Maplewood has determined that the above described segment meets the definition of an "urban district' as defined in Minnesota Statutes section 169.01, subdivision 59, and WHEREAS, under Minnesota Statute Section 169.14, Subdivision 5b, the governing body may by resolution declare the segment to be an urban district and may establish on the segment the speed limit for urban districts prescribed in Subdivision 2, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the above described segment be declared an "urban district' and a 30 mile per hour speed limit be established and posted on said segment according to Minnesota Statute 169.14, Subdivision 2, Subpart 1. BE IT FURTHER RESOLVED, that the City Engineer is hereby authorized and directed to forward a certified copy of the Resolution to the Commissioner of Transportation a minimum of 10 days prior to changing the posted speed limit signs from 40 mph to 30 mph. 12. Public Works Building Addition -City Project 03-19 -Approve Application for Safety Grant Approved the Minnesota Department of Labor and Industry grant application for the repair of the air handling system at the Public Works Garage and authorized the Mayor and City Manger to sign the application on behalf of the city. 13. Pre-Hospital Medical Director Service Agreement Approved the agreement with Regions Hospital for pre-hospital medical director service City Counci102-28-OS starting January 1, 2005 and terminating December 31, 2007. Councilmember Juenemann moved to adopt consent agenda itemsl-13 as presented. Seconded by Councilmember Rossbach Ayes-All H. PUBLIC HEARINGS 1. 7:00 p.m. Gladstone Neighborhood Development Moratorium Extension a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Mayor Cardinal moved to approve the first reading of the following ordinance extending the development moratorium for the Gladstone Neighborhood for six months or until the city council approves a redevelopment plan for this area, whichever comes first: ORDINANCE NO. 861 AN ORDINANCE EXTENDING THE DEVELOPMENT MORATORIUM FOR THE GLADSTONE NEIGHBORHOOD The area under consideration (hereinafter "Gladstone Neighborhood's includes land generally located along Frost Avenue and English Street in Maplewood as follows: properties south of the Gateway Trail, properties north of Frisbee Avenue, properties east of Phalen Place North, and properties west of Ide Street North (refer to Gladstone Neighborhood Strategic Planning Study Area map attached for exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood is conducting a strategic planning study that includes land use planning components for the Gladstone Neighborhood. 1.02 The objective of the study is to design a strategic development plan including drawings and design standards the city can use, along with city ordinances, to aohieve a sustainable, livable center for this neighborhood. 1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may need to be revised to reflect the following issues: City Counci102-28-OS Land use Building setbacks Building height Design standards for buildings Pedestrian flow and safety Parking Streetscaping Signage Lighting Landscaping Housing density 1.04 There is a need for this study to be conducted so that the city can adopt changes to the city's zoning ordinance, zoning map, comprehensive plan, and design standards for the redevelopment of the Gladstone Neighborhood. 1.05 There, further, is a need to extend the previously-adopted moratorium ordinance six months for the continued planning study of the Gladstone Neighborhood. SECTION 2. STRATEGIC PLANNING STUDY; MORATORIUM 2.01 The study is authorized by the city. City staff shall coordinate this study with the Metropolitan Council, hired consultants, Gladstone property and business owners, interested citizens, city council, and various city commissions and boards. 2.02 Upon completion of the study, it shall be presented to the planning commission and community design review board for their review and recommendation to the city council. 2.03 A moratorium on development in the Gladstone Neighborhood is adopted pending adoption of the study and any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study by the city council. The city will not approve any subdivision, design plans or building permit for commercial, institutional, ormulti-family residential land uses for the exterior construction of new buildings or additions, and freestanding signs during the moratorium period. City Counci102-28-OS 10 SECTION 3. TERM 3.01 The term of this ordinance extension shall be for one and one-half years from the date of iYs original adoption or until such time as the city council adopts the study and any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. SECTION 4. VARIANCES 4.01 Variances from this ordinance may be granted by the city council based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. b. The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. a The application shall be submitted to the planning commission for their review and recommendation to the city council. d. The city council may in its discretion set a public hearing prior to making a final determination on the requested variance. e. The city council may impose such restrictions upon the proposed subdivision or development as maybe necessary to comply with the purpose and intent of this ordinance. Seconded by Councilmember Koppen Ayes-All Due to time constraints-moved to Unfinished Business, Item JI. J. UNFINISHED BUSINESS 1. Sump Pump UI Reduction Program (Sanitary Sewer) -City Project 04-22 -Second Reading to Approve Ordinance Amendment Banning Clear Water Discharges to Sanitary Sewer a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to amend the ordinance regulating the discharge of surface waters into the Municipal Sewer System and approving the second reading of the ordinance to establish the sump pump inspection program: City Counci102-28-OS 11 ORDINANCE NO 856 AN ORDINANCE PROHIBITING THE DISCHARGE OF CLEAR WATER INTO THE MUNICIPAL SANITARY SEWER SYSTEM Section 1. Findings and Purposes. The purpose of this ordinance is for the efficient, economic and safe operation of the municipal sanitary sewer system for the protection of the health, safety and general welfare of the public within the City. Section 2. Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Clear Water Drainage means any storm water, natural precipitation, ground water, or flow from roof runoff, surface runoff, subsurface drainage, down spouts, eave troughs, rain spouts, yard drains, sump pumps, foundation drains, yard fountains, ponds, swimming pools, cistern overflows or water discharged from any air conditioning unit or system. Permanently Installed Discharge Line means a rigid discharge line that does not, at any time, discharge water into the municipal sanitary sewer system and does not have any connections for altering the path of discharge. This line must provide for year round discharge to the outside ofthe structure, preferably to a drainage Swale or ditch. The City may also approve a discharge to: 1) the City's storm sewer line by a connection; or 2) the curb and gutter to the street. Ifthe line is connected to the City's storm sewer line, it shall include a check valve. Section 3. Prohibited Discharges. No property owner shall discharge or cause to be discharged any Clear Water Drainage directly or indirectly into the municipal sanitary sewer system. No property owner shall make or maintain a connection between any conductor used to carry Clear Water drainage to the municipal sanitary sewer system. Structures on properties that have a sump pump system to discharge excess water due to the infiltration into foundations shall have a Permanently Installed Discharge Line. Any disconnects or openings in the sanitary sewer system shall be closed or repaired by the property owner in an effective, workmanlike manner in accordance with local, state and federal law. Section 4. Inspections. Every property owner that owns improved real estate in the City shall allow a representative of the City to inspect both the inside and outside of buildings located on the property to confirm that there is no Clear W ater Drainage or other prohibited discharge into the municipal sanitary sewer system. Any property owner that refuses to allow his or her property to be inspected within fourteen (14) days of the date of a request by the City representative shall immediately become subject to the surcharge provided for in this ordinance until the property is inspected and/or compliance is met and any penalties and remedies of the City as provided in its policies and codes, including, butnot limited to, assessments, administrative expenses in achieving compliance. City Counci102-28-OS 12 Any property owner whose property is found in violation of this Ordinance shall make the necessary changes to comply with this Ordinance and shall furnish proof of these changes to the designated City representative within ninety (90) days upon receiving notice of the violation. Section 5. City Installation. Where the property owner has been notified in writing to comply with this ordinance fails, refuses or neglects to comply within ninety (90) days of receipt ofthe notice, the council may, by resolution, directthe installation ofthe required pipes, plumbingfixtures and appliances. The cost of installation shall be paid by the City and the actual cost assessed against the property benefitted. After the installation and connections are completed, there shall be served upon the owner ofthe property, a written notice ofthe assessment and an order directingthe ownerto paythe assessment withinten (10) days after the service of the written notice. Upon proof of service of the notice and order, and proof that the assessment has not been paid within the ten (10) days allowed, an assessment hearing shall be held by the City and the benefited property shall be assessed for the costs and administrative expenses incurred by the City in achieving compliance. Section 6. Surcharge. A surcharge of $100.00 for single family properties and $500.00 for all other properties per month shall be imposed and addedto every utility billing for properties refusing or failing compliance or inspection as herein provided. The surcharge shall be added to every monthly billing until the property is brought into compliance as determined by the City or the inspection has been permitted and compliance has been determined. The City Council may grant waivers from the surcharges where strict enforcement may cause undue hardship unique to the property or where the property owner was scheduled for disconnection but cannot do so due to the circumstances, such as inclement weather. Section 7. Penalties. Any person violating any provision of this Ordinance is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statute Section 609.02, subdivision 3. Section 8. Severability. Should any section, subdivision, clause or other provision ofthis ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affectthe validity ofthe ordinance as awhole, or any part thereof, other than the part held to be invalid. Section 9. Effective Date. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Koppen Ayes-All H. PUBLIC HEARINGS (Continued) 2. 7:30 p.m. Code Amendment-Portable On-Demand Storage Units (POD'S) City Counci102-28-OS 13 (First Reading) a. City Manager Fursman presented the report. b. Environmental Management Specialist Konewko presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Juenemann moved to adopt the following first reading of the ordinance amendment for the portable on-demand storage units (POD'S): Ordinance 860 Section. 30-7 Unlawful disposal; location of containers for collection -portable on-demand storage units (PODsI: disposal of inflammable or explosive materials. (hl No property owner or person shall store on a residential property a portable on- demand storage unit (PODI more than 60 davs in anv 12-month period starting with the day/date the POD is first moved on-site. All PODS must be stored on an impervious surface on the property. The City may grant a time extension of an additional 60 davs provided the property owner gets a tracking permit for the POD from the City. In no case shall a POD be stored on a property more than 120 davs in anv 12-month period. This provision applies to all residential properties including townhouses, condominiums, and multi-family complexes. PODS stored on residential properties in conjunction with a building permit or home improvement project are exempt from this provision, except for the requirement to keep the POD on an impervious surface. In such a case, the property owner shall make every effort to adhere to the 120 day maximum time limit. Language that is underlined and bolded represents the proposed ordinance additions. Seconded by Councilmember Monahan-Junek Ayes-All I. AWARD OF BIDS None K. NEW BUSINESS 1. Sterling Oaks Park Final Master Plan a. City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. a Commissioner Fischer presented the Parks and Recreation Commission report. City Counci102-28-OS 14 Mayor Cardinal moved to adopt the master plan for Sterling Oaks Park and directed staff to complete the final designs and go to public bid the spring of 2005. Seconded by Councilmember Monahan-Junek Ayes-All 2. Applewood Park Final Master Plan a. City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. c. Parks and Recreation Commissioner Fischer presented the Parks and Recreation Commission report. Councilmember Monahan-Junek moved to approve the final master plan for Applewood Park with the understanding that the prioritization of phases will need to be done as part of the bid letting and final design phase. Seconded by Councilmember Koppen Ayes-All 3. County Road D Improvements and Bruce Vento Trail Extension -City Projects 02-07 and 04-25 -Approve Memorandum of Understanding for BNSF Rail Abandonment and Providing for Purchase of Right of Way by Ramsey County Regional Rail Authority a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Mayor Cardinal moved to approve the following Memorandum of Understanding with Ramsey County, Northern States Power Company, d/b/a Xcel Energy, Burlington Northern Santa Fe Railroad, Minnesota Commercial Railroad and Ramsey County Regional Rail Authority for the extension of the Bruce Vento Trail and the abandonment and purchase of the BNSF right-of- way: This Memorandum of Understanding dated this 28th day of February, 2005 is between the County of Ramsey, a political subdivision in the State of Minnesota (hereinafter "County"), the City of Maplewood, a Minnesotamunicipal corporation (hereinafter "City"), Northern States Power Company, d/b/a Xcel Energy (hereinafter "Xcel Energy"), Burlington Northern Santa Fe Railroad (hereinafter `BNSF"), Minnesota Commercial Railroad (hereinafter "Minnesota Commercial"), and Ramsey County Regional Rail Authority, a political subdivision in the State of Minnesota (hereinafter "Regional Rail"). WHEREAS, the City is undertaking a project known as the County Road D Realignment Project, City Project Number 02-07 ("ProjecY~; WHEREAS, the Project will require the removal of a portion ofthe existing railroad track located in the area south of Interstate 694 owned by BNSF and leased by Minnesota Commercial; WHEREAS, the portion of the existing railroad track to be removed currently serves only the electric substation ("Kohlman Lake Substation's owned by Xcel Energy alongthe west side ofthe railroad south of County Road D. The Kohlman Lake Substation requires rail access forthe delivery oftransformer units in the event of a need for the installation of additional transformers or the replacement of failed City Counci102-28-OS 15 transformers; WHEREAS, Xcel Energy is willing to abandon its use ofthe railroad track if an alternative roadway access can be established for the hauling of transformers; WHEREAS, a haul route for the transformers for Xcel Energy was approved by a Joint Powers Agreement dated June 25, 2004 ("Haul Route") WHEREAS, Xcel Energy has agreed to utilize this Haul Route and is no longer in need of the railroad track; WHEREAS, Ramsey County has requested thatthe land underlyingthe abandoned railroad trackbe used for its Bruce Vento Trail extension; WHEREAS, Regional Rail has requested to purchase the underlying land for commuter rail purposes; WHEREAS, BNSF has agreed to sell the underlying land to Ramsey County and Regional Rail; NOW THEREFORE, the parties agree as follows: L SECTION I, RAMSEY COUNTY. A. Representations and Warranties by the County. The County represents and warrants to the parties that: L It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of the County who did or will execute the same for and on behalf of the County have the power and the authority to do so and to bind the County; 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. B. Obligations of the County in this Agreement. The County shall perform the following: 1. The County agrees to enter into a purchase agreement with BNSF to purchase a twenty-five foot strip of property between the proposed abandonment area and the south right-of--way line of Buerkle Road for the extension ofthe Bruce Vento Trail, legally described as follows: All that part of the easterly 25.00 feet of the 150-foot wide Burlington Northern Santa Fe Railway right-of--way located in the West Half ofthe Southeast Quarter of Section 34, Township 30, Range 22, Ramsey County, Minnesota which lies northerly of a line drawn perpendicular with the easterly line of said Railway right-of--way from a point thereon distant 35.00 feet northeasterly from the intersection of said easterly line with the northerly right-of--way line of Trunk Highway 393-694 as described in that certain Final Certificate filed in the Office of the Ramsey County Recorder on November 4, 1966 as Document Number 1687969, and which lies City Counci102-28-OS 16 southerly of the southerly line of the 66-foot wide right-of--way of Buerkle Road as described in that certain Perpetual Easement filed in the Office of the Ramsey County Recorder on December 22, 1982 as Document Number 2164739 (`Bruce Vento Trail Extension Property"); The Purchase Agreement shall require that the County pay BNSF $3.30 per square foot (estimated square feet to be acquired is 26,100 square feet = $86,130.00). The closing on the Bruce Vento Trail Extension Property shall occur no later than May 27, 2005. The County shall be responsible for expenses incurred in obtaining a title insurance policy, title correction work, environmental testing expenses and any environmental corrections associated with this purchase of the Bruce Vento Trail Extension Property from BNSF. 2. The County agrees to enter into a separate Joint Powers Agreement with the City to allow the City to construct the Bruce Vento Trail Extension, including grading, clearing & grubbing, bituminous pavement, bridge improvements, and restoration work from Beam Avenue to Buerkle Road (`Bruce Vento Trail Extension'. The County shall assign its grant dollars received for the Bruce Vento Trail Extension to the City in payment of City's construction of the improvements and property acquisition. The Joint Powers Agreement shall be executed no later than May 27, 2005. The County shall assign its grant funds for the Bruce Vento Trail Extension in the amount of $663,870.00 to the City in consideration for the City constructing the improvements. 3. The County agrees that BNSF shall grant Xcel Energy a permanent transmission line easement over the Bruce Vento Trail Extension Property prior to the sale of the property to the County and that this easement shall contain a clause that the trail is subordinate to the transmission lines. BNSF shall provide a copy of the Xcel Energy permanent transmission line easement agreement to the County for review and approval. The County shall not unreasonably withhold approval. IL SECTION IL REGIONAL RAIL. A. Representations and Warranties by Regional Rail. Regional Rail represents and warrants to the parties that: L It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of Regional Rail who did or will execute the same for and on behalf of Regional Rail have the power and the authority to do so and to bind Regional Rail; 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. B. Obligations of Regional Rail in this Agreement. Regional Rail shall perform the following: 1. Regional Rail agrees to enter into a Purchase Agreement with BNSF to purchase City Counci102-28-OS 17 the excess railroad track right-of--way after abandonment, legally described as follows: All that part of the 150-foot wide Burlington Northern Santa Fe Railway right-of- way located in the Northwest Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota which lies northerly of a line drawn perpendicular with the center line of said Railway right-of-way from a point thereon distant 183.00 feet northeasterly from the intersection of said center line with the southerly line of said Northwest Quarter. and: All that part of the 150-foot wide Burlington Northern Santa Fe Railway right-of- way located in the South Half of the South Half of Section 34, Township 30, Range 22, Ramsey County, Minnesota which lies southerly of a line drawn perpendicular with the easterly right-of-way line of said Railway right-of-way from a point thereon distant 35.00 feet northeasterly from the intersection of said easterly right-of--way line with the northerly right-of--way line of Trunk Highway 393-694 as described in that certain Final Certificate and filed in the Office of the Ramsey County Recorder on November 4, 1966 as Document Number 1687969. ("Abandonment Property'; The Purchase Agreement shall require that Regional Rail pay BNSF $1,152,370.00 for the Abandonment Property. Regional Rail shall be responsible for any expenses associated with obtaining a title insurance policy, title corrections work and any environmental testing and/or environmental corrections on the property. Closing shall occur no later than December 31, 2005. The City shall pay Regional Rail the sum of $1,152,370.00 for Regional Rail's purchase of the Abandonment Property. Regional Rail shall enter into a separate agreement with the City detailing the terms for the repayment of the $1,152,370.00 or another agreed upon value. Repayment shall occur before June 30, 2006, or ownership of the Abandonment Property shall be conveyed to the City. 2. Agree to grant the City and County any necessary rights and permits at no cost that are needed for construction of the Bruce Vento Trail Extension. 3. Regional Rail agrees that BNSF shall grant Xcel Energy the following permanent transmission line easements over the Abandonment Property prior to the sale of the property to the Regional Rail: a. 150 foot and 55 foot wide easements for the transmission line that crosses and runs north south along the Abandonment Property. b. 250 foot wide easement that runs east/west across the Abandonment Property. City Counci102-28-OS 18 c. 25 foot wide easement along the Bruce Vento Trail Extension Property. BNSF shall provide a copy of the Xcel Energy permanent transmission line easement agreements to Regional Rail for review and approval. Regional Rail shall not unreasonably withhold approval. III. SECTION III, CITY OF MAPLEWOOD. A. Representations and Warranties by the City. The City represents and warrants to the parties that: L It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of the City who did or will execute the same for and on behalf of the City have the power and the authority to do so and to bind the City; 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. B. Obligations of the City in this Agreement. The City shall perform the following: 1. Enter into a JointPowers Agreementwiththe County agreeing to construct the Bruce Vento Trail Extension as described above. The Joint Powers Agreement shall be executed by both parties no later than May 27, 2005. Trail construction shall be completed by the City no later than October 31, 2005. The County shall assign its grant funds for the Bruce Vento Trail Extension in the amount of $663, 870.00 to the City in consideration for the City constructing the improvements. 2. Pay $59,000 to BNSF for Xcel Energy easements within the Abandonment Property. BNSF shall grant the following easements to Xcel Energy: a. 150 foot and 55 foot wide easements for the transmission line that crosses and runs north south along the Abandonment Property. b. 250 foot wide easement that runs east/west across the Abandonment Property. c. 25 foot wide easement along the Bruce Vento Trail Extension Property. 3. Pay Regional Rail the sum of $1,152,370.00 for Regional RaiFs purchase of the Abandonment Property. Regional Rail shall enter into a separate agreement with the City detailing the terms for the repayment of the $1,152,370.00 or another agreed upon value. Repayment shall occur before June 30, 2006, or ownership of the Abandonment Property shall be conveyed to the City. 4. The City shall pay costs associated with the relocation of Xcel Energy Power Line 0885 to a point acceptable to Xcel Energy. The City and Xcel Energy shall execute a separate agreement detailing the scope and cost for this work. 5. Enter into a Letter Agreement with BNSF for the granting of a permanent City Counci102-28-OS 19 easement to the City. The Letter Agreement shall be executed by the City and BNSF no later than Apri129, 2005. The City shall pay $103,700.00 to BNSF in consideration for this permanent easement over the Abandonment Property to construct County Road D. 6. Remove the BNSF trackage spur as a part of the Project. The railroad bridge at existing County Road D shall also be removed by the City at a time determined by the City. The City shall be responsible for the costs incurred for these removals. Minnesota Commercial shall be responsible for salvaging and/or disposing of the existing ties and rails within the abandonment area. The City shall complete construction of its County Road D extension project no later than November 30, 2005. IV. SECTION IV, XCEL ENERGY. A. Representations and Warranties by Xcel Energy. Xcel Energy represents and warrants to the parties that: L It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of Xcel Energy who did or will execute the same for and on behalf of Xcel Energy have the power and the authority to do so and to bind Xcel Energy; 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. B. Obligations of Xcel Energy in this Agreement. Xcel Energy shall perform the following: 1. Enter into an Alternative Loading Service Agreement with Minnesota Commercial no later than April 29, 2005 to reassign rail access rights to a point north of the Abandonment Property. 2. Notify Minnesota Commercial and BNSF in writing no later than April 1, 2005 that it no longer needs the railroad spur to the Kohlman Lake Substation site. This notification must confirm to Minnesota Commercial that the proposed Abandonment Property limits are acceptable to Xcel Energy. 3. Enter into a permanent easement agreement with BNSF for its transmission lines within the Abandonment Property no later than August 31, 2005. The City shall pay BNSF $59,000 in consideration for the granting of the following easements to Xcel Energy: a. 150 foot and 55 foot wide easements for the transmission line that crosses and runs north south along the Abandonment Property. b. 250 foot wide easement that runs east/west across the Abandonment City Counci102-28-OS 20 Property. c. 25 foot wide easement along the Bruce Vento Trail Extension Property. Xcel Energy understands and agrees that this easement is an accommodation for the City Project improvements and does not establish a precedent for future negotiations with Regional Rail and the County. The permanent easement agreement shall contain a clause that the Bruce Vento Trail Extension is subordinate to the transmission lines. 4. Agree to grant the City and Ramsey County any necessary rights and permits at no cost needed for construction of the Bruce Vento Trail Extension. V. SECTION V, BNSF. A. Representations and Warranties by BNSF. BNSF represents and warrants to the parties that: L It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of BNSF who did or will execute the same for and on behalf of BNSF have the power and the authority to do so and to bind BNSF; 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. B. Obligations of BNSF in this Agreement. BNSF shall perform the following: 1. Agree to the expedited rail line abandonment process, to begin immediately and be completed by August 31, 2005. 2. Execute the Letter Agreement with the City no later than April 29, 2005, giving the City a permanent easement to construct the County Road D improvements. The City shall pay BNSF $103,700.00 in consideration for the granting of this easement. 3. Enter into a Purchase Agreement with Regional Rail to sell the Abandonment Property to Regional Rail for the appraised value of $1,152,370.00. Closing shall be completed no later than December 31, 2005. 4. Agree to grant the City and County any necessary rights and permits at no cost that are needed for construction of the Bruce Vento Trail Extension. 5. Enter into a Purchase Agreement with the County to sell atwenty-five foot strip of property between the proposed Abandonment Property and the south right of way line of Buerkle Road for the Bruce Vento Trail Extension. The County shall pay $3.30 per square foot for the property (26,100 square feet x $3.30 sq/ft = $86,130.00). Closing shall occur no later than May 27, 2005. City Counci102-28-OS 21 6. Agree to grant the following easements within the Abandonment Property to Xcel Energy for the total cost of $59,000: a. 150 foot and 55 foot wide easements for the transmission line that crosses and runs north south along the Abandonment Property. b. 250 foot wide easement that runs east/west across the Abandonment Property. c. 25 foot wide easement along the Bruce Vento Trail Extension Property. VL SECTION VL MINNESOTA COMMERCIAL. A. Representations and Warranties by Minnesota Commercial. Minnesota Commercial represents and warrants to the parties that: L It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of Minnesota Commercial who did or will execute the same for and on behalf of Minnesota Commercial have the power and the authority to do so and to bind Minnesota Commercial; 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. B. Obligations of Minnesota Commercial in this Agreement. Minnesota Commercial shall perform the following: 1. Agree to the expedited rail line abandonment process, to begin immediately and be completed no later than August 31, 2005. 2. Execute the Letter Agreement between the City, Minnesota Commercial and BNSF granting the City a permanent easement for roadway purposes no later than April 29, 2005. 3. Agree to grant the City and County any necessary rights and permits at no cost that are needed for construction of the Bruce Vento Trail Extension. 4. Execute in cooperation with the BNSF, a Purchase Agreement with the County to sell atwenty-five foot strip of property between the proposed Abandonment Property and the south right of way line of Buerkle Road for the Bruce Vento Trail Extension. The County shall pay $3.30 per square foot for the property (26,100 square feet x $3.30 sq/ft = $86,130.00). Closing shall occur no later than May 27, 2005. 5. Execute in cooperation with the BNSF, a Purchase Agreement with Regional Rail to sell the Abandonment Property. The Purchase Agreement shall require that Regional Rail pay BNSF $1,152,370.00 for the Abandonment Property. Closing shall occur no later than December 31, 2005. City Counci102-28-OS 22 6. Be responsible for the salvaging of the existing ties and rails within the Abandonment Property. The salvaging of this material shall be completed by May 27, 2005. VII. GENERAL PROVISIONS. A. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. B. Arbitration It is agreed by the parties that any differences, disputes or claims which arise under and pursuant to this Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3) persons, one selected by the party interested in the other side of the dispute, and a third person mutually selected and agreed upon by the first two arbitrators. Any party shall notify the other party in writing, served by U. S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and address of the selected arbitrator. The other party shall serve notice of its selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days after the response notice stated above. Arbitration shall be commenced within forty-five (45) days of the original notice pursuant to the previous paragraphs hereof, and all proceedings shall be governed by the Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If a party does not respond to an arbitration notice, then the party first serving the arbitration notice under the previous paragraph shall be entitled by Motion to petition a court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the Court shall be final, binding and conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally among the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Seconded by Councilmember Koppen Ayes-Mayor Cardinal, Councilmembers Juenemann, Koppen and Monahan-Junek Nays-Councilmember Rossbach L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS City Counci102-28-OS 23 None N. ADMINISTRATIVE PRESENTATIONS 1. Dispatch Center Follow-up: Tuesday, March lsr, City Manager Fursman will be meeting with Ramsey County Commissioner McDonough regarding dispatch. Fire Chief Lukin clarified that if the city consolidated with the county for dispatch there would be a cost savings to the city, but the amount is not known at this time. O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 8:57 p.m. Seconded by Councilmember Koppen Ayes -All City Counci102-28-OS 24