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HomeMy WebLinkAbout08-08-2005MINUTES MAPLEWOOD CITY COUNCIL 7:05 P.M. Monday, August 08, 2005 Council Chambers, City Hall Meeting No. 05-16 A. B. C. D. E F. 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 7:05 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Absent Jackie Monahan-Junek, Councilmember Present Will Rossbach. Councilmember Present APPROVAL OF MINUTES 1. Minutes from City Council Meeting-July 25, 2005 Councilmember Juenemann moved to approve the minutes from the July 25, 2005 as presented. Seconded by Councilmember Rossbach Ayes-All APPROVAL OF AGENDA M1. National Night Out M2. Historical Commission M3. Schlomka Property Process N1. 800 MHz Equipment N2. Proposed 2006 Budget Councilmember Monahan-Junek moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All APPOINTMENTS/PRESENTATIONS None G. CONSENT AGENDA Councilmember Juenemann moved to adopt consent agenda items: 1, 2, 3, 7, 8, 9, and 10. Seconded by Councilmember Monahan-Junek Ayes-All Councilmember Juenemann moved to adopt consent agenda items: 4, 5, and 6. Seconded by Councilmember Monahan-Junek Ayes-All City Council Meeting 08-08-OS 1 1. Approval of Claims ACCOUNTS PAYABLE: $ 538,502.92 Checks # 67483 thru # 67550 dated 07/26/05 $ 317,581.19 Disbursements via debits to checking account dated 07/15/05 thru 07/21/05 $ 1,015,723.26 Checks # 67551 thru # 67614 dated 8/02/05 $ 1,150,928.96 Disbursements via debits to checking account dated 07/22/05 thru 07/29/05 $ 3,022,736.33 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 465,815.50 7/29/05 $ 200.00 Payroll Deduction check # 102095 thru # 102095 dated 7/29/05 $ 466,015.50 Total Payroll $ 3,488,751.83 GRAND TOTAL 2. Healtheast Tax-Exempt Bond Prepayment Request Adopt the following resolution approving the bond prepayment (refunding) request for HealthEast: RESOLUTION 05-08-122 CONSENTING TO THE ISSUANCE OF REFUNDING BONDS WHEREAS, the City of Maplewood, Minnesota, issued its $21,000,000 Health Care Facility Revenue Bonds (HealthEast Project) Series 1996 (the "1996 Bonds") and loaned the proceeds to HealthEast; and WHEREAS, HealthEast desires to refund the 1996 Bonds, which would be prepaid in full, from a portion of the proceeds of bonds to be issued in connection with a HealthEast project in the City of Saint Paul; WHEREAS, Minnesota Statutes, Section 469.162, Subdivision 12, provides that no issuer may issue revenue bonds to refund bonds previously issued by another issuer without the consent of the original issuer; and City Council Meeting 08-08-OS 2 WHEREAS, HealthEast has requested the City of Maplewood, Minnesota, to consent to the issuance of refunding bonds; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that the City of Maplewood does hereby consent to the refunding of the 1996 Bonds from proceeds of bonds to be issued by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota. This resolution shall be effective immediately upon adoption. 3. Final Plat -Overview (Summer Place and McMenemy Street) Approved the final plat date-stamped July 19, 2005 for Overview. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. Final Plat -Heritage Square Fourth Addition (New County Road D, west of Highway 61) Approved the final plat date-stamped July 14, 2005, for the Heritage Square 4`h Addition, subject to the applicant: 1. Providing cash escrow, in an amount to be determined by the city engineer, to guarantee the dedication of the trail easements. The city will not sign the plat documents until this escrow has been paid. 2. Completing the trail-easement dedication before the city will issue the second building permit for this project. Billing Agreement with St. Paul Regional Water Services Approved the billing agreement with St. Paul Regional Water Services AMENDMENT NO. 5 to AGREEMENT BETWEEN BOARD OF WATER COMMISSIONERS and CITY OF MAPLEWOOD This AMENDMENT NO. 5 TO AGREEMENT entered into this _ day of , 2005, by and between the BOARD OF WATER COMMISSIONERS, a municipal corporation of the State of Minnesota (the "Board"), and the CITY OF MAPLEWOOD, a municipal corporation of the State of Minnesota ("Maplewood"). WITNESSETH: WHEREAS, Maplewood and the Board entered into an agreement dated October 30, 1996 forthe provision of water service by the Board to properties within Maplewood (the "Agreement"); and WHEREAS, Article XIV of the Agreement allows for amendments to the original agreement; and WHEREAS, Maplewood wishes to have the Board bill a water surcharge to its customers as an additional billing service; and WHEREAS, the Board is willing and able to provide this service; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties mutually agree to amend the Agreement according to the following: City Council Meeting 08-08-OS 1. The Board will bill and collect a surcharge on water bills issued to Maplewood customers' ("Surcharge Billing") effective January 1, 2006. The surcharge will be based on a percentage of water billings as determined by Maplewood. 2. Maplewood agrees to pay all costs to initiate or make modifications to Surcharge Billing, including, but not limited to system programming, set-up and billing procedural changes. 3. Maplewood shall initially pay the Board a fee of $0.02 per bill, per account, for Board's Surcharge Billing service ("Billing Fee"). The parties shall review the Billing Fee on the same cycle as sewer and recycle billing fee review, as described in Amendment No.2 to the Agreement. 4. The Board shall pay Maplewood an amount equal to the Surcharge Billing less Billing Fees. Payment will be made on a monthly basis. 5. Inquires by customers on the surcharge shall be referred to the City of Maplewood IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to Agreement to be executed as of the day and year first above written. Donation to Maplewood Police Reserves Accepted the donation form the Ramsey County Agricultural Society/Fair Board. Hazelwood Street Improvement, County Road C to Beam Ave., Project 01-16 -Resolution for Acceptance of Project Approved the following resolutions for modification of the existing construction contract, Change Order No. 4, and for acceptance of the project: RESOLUTION 05-08-123 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 01-16, CHANGE ORDER No. 4 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 01-16, Hazelwood Street Improvements, County Road C to Beam Avenue, 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 01-16, Change Order No. 4, as an increase to said contract by an amount of $25,400.00, such that the new contract amount is now and hereby established as $774,510.86 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 4 as a contract increase in the amount of $25,400.00. The revised contract amount is $774,510.86. No revisions to the project budget are proposed at this time, as these changes fall within the original project scope and budget. City Council Meeting 08-08-OS RESOLUTION 05-08-124 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Hazelwood Street Improvements, City Project 01-16, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 01-16 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Legacy Village Lighting Improvement, Project 04-23 -Acceptance of Project Adopted the following resolution for the Legacy Street Lighting Improvements, City Project 04- 23-Resolution for Acceptance of Project: RESOLUTION 05-08-125 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Legacy Street Light Improvements, City Project 04-23, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 04-23 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Brad Camitsch -Ramsey County Sheriff's -Fright Farm on Ramsey County Fairgrounds Approved the permit for the Ramsey County Sheriff's Department to hold their annual "Fright Farm" Halloween event at the Ramsey County Extension Services Barn. 10. Resolution Certifying Election Judges Adopted the following resolution accepting Election Judges for the 2005 Primary Election: RESOLUTION ACCEPTING ELECTION JUDGES 05-08-126 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2005 Primary Election, to be held on Tuesday, September 13. Anderson, Cynthia Bunde, Jennette Eickhoff, Carolyn Anderson, Elsie Button, Joan Erickson, Elizabeth Anderson, Ronald Cahanes, Lucille Erickson, Phyllis Anderson, Suzanne Carr, Robert Fischer, Lorraine Ansari, Ahsan Chastan, Jeffrey Fischer, Mary Barrett, Marlis Cleland, Ann Fitzgerald, Delores Bartelt, Joan Cofield, Jean Fosburgh, Anne Belland, Jaime Connelly, Colleen Frazen, James Berger, Carole Connelly, Thomas Freer, MaryJo Berger, Merv Davidson, Marianne Fritsche, Samantha Berry, Bud Dickson, Jean Gierzek, Clarice Bhupat, Desai Dittel, Kathleen Gilstad, Mark Bortz, Jeanne Droeger, Diane Golaski, Diane Bowman, Kim DuCharme, Fred Graham, Paul Breidenstein, Anna Duellman, Audrey Grant, Guy City Council Meeting 08-08-OS Grant, Mary Leo , Pati Schaaf, Larry Gunn, Jaclynn Leonard, Claudette Schoenecker, Sandy Hayde, Walter Lincowski, Steve Schroepfer, Harriet Hecht, Lloyd Lincowski, Vi Schulte, Paula Heinenger, Gordon Lofgren, Delores Shaul, Brian Hensley, Pat Lofgren, Richard Shore, Theresa Hines, Constance Lundgren, Robert Skinner, Jeanne Hogan, AnnaMae Maeyaert, Paul Spangler, Bob Holzemer, Mary Mahre, Carol Spies, Louis Horton, Shirlee Mahre, Geri Stafki, Tim Iversen, Mildred Manders, Rose Marie Stark, David Janacek, Jeff Manthey, John Stevens, Sandra Jefferson, Gwen Marsch, Delores Taylor, Lorraine Johannessen, Judith Maskrey, Thomas Taylor, Rita Johnson, Barbara Mechelke, Geraldine Thompson, Milo Kidman, Marilyn Mechelke, Marylou Thompson, Pat King, Helen Meyer, Jackie Tillman, Leila Kirchoff, Harold Misgen, Joan Tolbert, Franklin Koch, Rosemary Mollers, Katherine Tomaszewski, Carmen Koval, Harry Mossong, Betty Trippler, Dale Krekelberg, Mona Lou Muraski, Gerry Tucker, Cecilia Krominga, Josephine Muraski, Howard Unger, Connie Kubesh, Toni Myster, Thomas Urbanski, Holly Kunde, Margaret Nieman, James VanBlaricom, Beulah LaCasse, Annette Nieters, Louise Vandeveer, Barbara Lackner, Marvella Norberg, Ann Marie Vangas, Vilhelmine Lally, Rita Olson, Lois Vatne, Mary Lampe, Charlotte Orlando, Sallye Wagner, Connie Lauren, Lorraine Pehl, David Wandersee, Gene Leiner, Wanda Petrie, James Wasmundt, Gayle Leeman, Anita Rossow, Kenneth Willy, John Leiter, Barbara Rudeen, Elaine Witschen, Delores Leo, Ann Sajevic, Florence Zacho, Karen H. PUBLIC HEARINGS 1. 7:00 Tax-Exempt Revenue Financing-VOA a. City Manager Fursman presented the report. b. Planner Roberts 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 introduced City Attorney Dave Ramberg. Councilmember Rossbach moved to adopt the following resolution approving Maplewood giving approval for up to $9.5 million intax-exempt revenue financing for the Volunteers of America for the Maplewood Care Center at 1900 Sherren Avenue and the Homestead at Maplewood at 1890 Sherren Avenue: City Council Meeting 08-08-OS RESOLUTION 05-08-127 AUTHORIZING THE ISSUANCE OF HEALTH CARE FACILITY REFUNDING REVENUE BONDS (VOA CARE CENTERS, MINNESOTA PROJECT) AND THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the City of Maplewood (the "City") has received a proposal from VOA Care Centers, Minnesota, a Minnesota nonprofit corporation (the "Borrower"),that the City issue its revenue bonds in the aggregate principal amount of up to $9,500,000 to refund and redeem the outstanding principal balance of the City's $9,445,000 Health Care Facility Revenue Bonds, Series 1994 (VOA Care Centers, Minnesota Project), relating to the nursing facility and assisted living facility located at 1900 Sherren Avenue East and 1890 Sherren Avenue East, respectively, in the City (the "Project")and financing certain other costs related to the Project; and WHEREAS, pursuant to Minnesota Statutes, Section 46X.01 and 46X.03, the City has prepared a housing program (the "Housing Program") in connection with the Project; and WHEREAS, in accordance with Minnesota Statutes, Section 46X.04, subd. 2, the City has held a public hearing on the Housing Program and the issuance of revenue bonds of the City to finance the Project. follows: NOW THEREFORE, BE IT RESOLVED bythe CityCouncil ofthe City of Maplewood, Minnesota, as 1. The Housing Program is hereby approved in substantially the form on file with the City. 2. The Borrower has proposed that the City issue up to $9,500,000 Health Care Facility Refunding Revenue Bonds (VOA Care Centers, Minnesota Project), Series 2005 in one or more series, one of which may be taxable obligation (the "Bonds") to finance the costs of the Project pursuant to an Indenture of Trust, dated as of September 1, 1994 (the "Indenture"), as amended by a First Supplemental Indenture of Trust (the "First Supplemental Indenture"), executed by the City and U.S. Bank National Association, in St. Paul, Minnesota (the "Trustee") at the interest rate or rates as set forth in the First Supplemental Indenture. 3. The Bonds will be purchased from the City in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement") among the City, the Borrower and Piper Jaffray & Co. (the "Underwriter"). The Bonds will be offered to the public bythe Underwriter pursuant to an Official Statement (the "Official Statement"). 4. Pursuant to the terms of a the Loan Agreement, dated as of September 1, 1994 (the "Loan Agreement") as amended by a First Amendment to Loan Agreement between the City and the Borrower (the "First Amended Loan Agreement"), the City will loan the proceeds of the Bonds to the Borrower to finance or refinance the Project. The Loan Agreement also provides for the Borrower to pay the City an administrative fee sufficient to compensate the City for the administrative time and expense incurred in connection with the issuance of the Bonds. 5. The payment of the principal, purchase price of, and interest on the Bonds is secured by a Mortgage and Security Agreement, asamended by a First Amendment to Mortgage (the "FirstAmendment to Mortgage"), from the Borrower to the Trustee, by which the Borrower grants to the Trustee a mortgage lien on and security interest in certain mortgaged property, as described therein, as further security for the payment of the Bonds. 6. Forms of the following documents have been submitted to the City Council: City Council 08-08-OS (a) The First Amendment to Loan Agreement; (b) The First Supplemental Indenture; and (c) The Bond Purchase Agreement. The First Amendment to Loan Agreement, First Supplemental Indenture and Bond Purchase Agreement are hereafter referred to as the "Bond Documents." 7. It is hereby found, determined and declared that: (a) the issuance and sale of the Bonds, the execution and delivery by the City of the Bond Documents and the performance of all covenants and agreements of the City contained in the Bond Documents and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Bond Documents and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (b) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (c) the basic payments under the Loan Agreement, as amended are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture, as supplemented when due, and the Loan Agreement, as amended and Indenture, as supplemented also provide that the Borrower is required to pay all expenses ofthe operation and maintenance ofthe Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon orwith respect to the Project premises and payable during the term ofthe Loan Agreement, as amended and Indenture, as supplemented; (d) under the provisions of Minnesota Statutes, Chapter 462C and as provided in the Loan Agreement, as amended and Indenture, as supplemented, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premiums thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 8. The forms of the Bond Documents and exhibits thereto are approved in substantially the form submitted. The Bond Documents, in substantiallythe forms submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk. Any other documents and certificates necessary to the transactions described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transactions herein described shall be delivered, filed and recorded as provided herein and in Bond Documents. 9. The City shall proceed forthwith to issue the Bonds, in the form and upon the terms set forth in the First Supplemental Indenture. The Bonds will be purchased on substantially the terms setforth in the Bond Purchase Agreement and the First Supplemental Indenture which have been submitted to the City in connection with this Resolution. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the First Supplemental Indenture and to deliverthem to the Trustee for authentication and delivery to the original Underwriters. City Council 08-08-OS 10. Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Underwriter and Bond Counsel certified copies of all proceedings and records ofthe City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained herein. 11. The City hereby ratifies, confirms and consents to the use of the Official Statement in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Official Statement otherthan the section therein captioned "The Issuer," and the City takes no responsibility for such information. 12. The approval hereby given to the Bond Documents and the various other documents referred to in paragraph 6 above includes approval of (a) such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel, the City Attorney and the City officials authorized herein to execute said documents prior to their execution and (b) such additional documents, agreements or certificates as may be necessary and appropriate in connection with the Bond Documents, as are approved by Bond Counsel, the City Attorney and City officials authorized herein to execute said documents prior to their execution; and said City Attorney and City officials are hereby authorized to approve said changes or additional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof and hereof. In the absence (or inability) of the Mayor or City Clerk, any of the documents authorized by this resolution to be executed by them may be executed by the Acting Mayor or the Acting City Clerk, respectively. Seconded by Councilmember Monahan-Junek Ayes-All AWARD OF BIDS Applewood Park/Neighborhood Preserve Bid Opening City Manager Fursman presented the report. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Juenemann moved to award the low bid to Ebert Construction in the amount of $199,404.41 and bid addendum one be awarded to that firm as well in the amount of $11,330 with the monies to be allocated from the park development fund. Seconded by Councilmember Monahan-Junek Ayes-All UNFINISHED BUSINESS None K. NEW BUSINESS Proposed 2006 Budget City Manager Fursman presented the report and presented specifics from the report. Mayor Cardinal moved to reduce the 2005 actual budget by 2°~. Seconded by Councilmember Monahan-Junek Ayes-All City Council 08-08-OS Councilmember Juenemann moved to accept the 2006 budget from the City Manager and Finance Staff as presented. Seconded by Councilmember Rossbach Ayes-All Water Surcharge Ordinance (First Reading) a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved first reading of the water surcharge ordinance: ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO WATER UTILITIES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Part 1. Section 40, Article III is hereby amended to read as follows: Division 5. Water Surcharge Section 40-477. Purpose and Intent. The city has determined that water system improvements in the St. Paul water service district need to be constructed that cannot be fully assessed. In order to pay for these costs a surcharge on water charges in the St. Paul billing district is established. Section 40-478. Rates. A surcharge on water charges in the St. Paul billing district shall be set from time to time by the council and shall be on file for inspection in city offices. Section 40-478. Statements and delinquent accounts. Statements and delinquent accounts shall be the same as that specified for sanitary sewer charges for the St. Paul billing district in Sections 40-63 and 40-64. Part 2. This ordinance shall take effect and be in force beginning January 1, 2006. Seconded by Councilmember Rossbach Ayes-All 3. County Road D Realignment East, City Project 02-07-Approve County Road D Pipe Maintenance Agreement with Ramsey-Washington Metro Watershed District City Manager Fursman presented the report. City Engineer Ahl presented specifics from the report. Councilmember Monahan-Junek moved to accept the following County Road D Pipeline Maintenance Agreement wit RWMWD and authorized the Mayor to enter into said agreement on behalf of the city: City Council 08-08-OS 10 COUNTY ROAD D PIPE MAINTENANCE AGREEMENT This Maintenance Agreement is made this day of , by and between the City of Maplewood, a municipal corporation under the laws of the State of Minnesota (herein referred to as "City") and the Ramsey-Washington Metro Watershed District, a municipal corporation under the laws of the State of Minnesota (herein referred to as "the District"), to provide for the maintenance of the District pipes through the County Road D roadway embankment. WHEREAS, the District issued a permit to the City for roadway construction. The District's permit allowed for the roadway construction to impact the District's pipes by allowing settlement of up to two (2) feet; and WHEREAS, it has been determined that the District pipes have settled in excess of four (4) feet in some areas due to the City's roadway construction; and WHEREAS, the parties seek to amicably address the immediate issues together with a long term maintenance agreement; NOW, THEREFORE, it is mutually agreed by and between the parties: 1. The City shall coordinate and pay for a diver to enter the pipe to assess the condition to determine whether any permanent deformation or structural problems with the pipes exist. 2. The City shall conduct a survey to determine the profile of the in-place pipelines. The City shall work with the pipe supplier to conduct calculations to determine whether the settlement that has occurred is a problem with the pipe structurally. If there is a problem, the City shall immediately take all steps necessary to put the pipe in the condition it was before the roadway construction. 3. The City shall continue to monitor pipe settlement through the existing monitoring ports throughout all phases of construction affecting said pipe and immediately notify the District of any changes to said pipe. 4. The City shall locate and uncover the District's piezometers covered by the embankment construction. 5. The City shall inspect said pipe on an on-going basis which shall not be less than one time annually to determine that the District's pipes are operating properly. 6. The City hereby grants the right to the District to enter onto the property to inspect the District's pipe as the District, in its sole discretion, deems necessary. In the event it is determined that the District pipes are not operating properly as a result of the City's roadway construction, the City shall be liable to repair said pipes in a timely manner and shall be solely liable for all costs incurred thereon. The City shall be responsible to the District for any and all fees and costs associated with said repairs and indemnify the District from any liability thereon. This Agreement shall be binding on said parties, its successors and assigns. Seconded by Councilmember Rossbach Ayes-All City Council 08-08-OS 11 4. Gladstone Redevelopment, City Project 04-21 -Approve Resolution Ordering an Alternative Urban Area wide Review (AUAR) for the Gladstone Area Redevelopment Plan a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. c. The following persons were heard: Dale Trippler, 1201 Junction Avenue, Maplewood Ron Cockriel, 943 Century Avenue, Maplewood Councilmember Juenemann moved to adopt the following resolution for the Gladstone Redevelopment Proiect, City Proiect 04-21, ordering an Alternative Urban Area wide Review (AUAR) for the Gladstone Redevelopment Plan located in the City of Maplewood: RESOLUTION NO. 05-08-131 A RESOLUTION ORDERING AN ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) FOR THE GLADSTONE AREA REDEVELOPMENT PLAN LOCATED IN THE CITY OF MAPLEWOOD WHEREAS, in December of 2004, the City of Maplewood initiated a redevelopment planning process for the Gladstone area generally defined as the area along Frost Avenue between US Highway 61 and Hazelwood Street N and the area along English Street between Ripley Avenue and the Gateway Trail further described in the attached Exhibit A; and, WHEREAS, the City has an approved Comprehensive Plan that establishes future land use patterns in the Gladstone area consisting of open space, single and double dwelling residential, light manufacturing and business commercial and that addresses public facilities and implementation strategies; and, WHEREAS, the Gladstone area contains a number of older commercial uses and parcels that demonstrate signs of obsolescence, inefficient land use and site layout, dilapidation and deterioration and other signs of a need for revitalization; and, WHEREAS, the City is aware of a number of properties within the project area that are likely to redevelop in the near future and the desired development patterns are not likely to be consistent with the current Comprehensive Plan; and, WHEREAS, the master planning effort is intended to result in a plan that establishes a vision and future land use plan to guide redevelopment efforts on an areawide basis as opposed to reacting to individual redevelopment proposals; and, WHEREAS, the master planning effort has resulted in a concept that explores higher density housing development on redeveloped parcels within the project area and limited neighborhood commercial uses; and, WHEREAS, the development concept is supported by a range of public improvements to area park and open space systems, roadway improvements, streetscape enhancements, burial of overhead utility lines, and stormwater management systems; and, WHEREAS, an environmental review is necessary to evaluate the cumulative impacts of potential development within the Gladstone Area on the neighborhood and the community; and WHEREAS, an Alternative Urban Areawide Review (AUAR) is a substitute form of environmental review that replaces an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement (EIS) as provided for in Minnesota Rules Chapter 4410.3600 and is a more City Council 08-08-OS 12 appropriate form of environmental review that evaluates cumulative impacts resulting from multiple re- development projects spread over a larger area; and, WHEREAS, the City of Maplewood is the Responsible Governmental Unit (RGU) assigned the responsibility of conducting the AUAR; and, WHEREAS, Minnesota Rule 4410.3610 (AUAR Process) Subpart 3 requires an "order for review" to define the review area boundaries and the "anticipated nature, location and intensity" of projected future development; and, WHEREAS, over the last two years the City has conducted a number of public meetings to discuss and evaluate various redevelopment concepts as presented by private developers, neighborhood groups and interested landowners; and, WHEREAS, the Comprehensive Plan and the Master Plan will serve as the basis for the development of the AUAR. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Maplewood, County of Ramsey, State of Minnesota, adopts this Order for Review authorizing utilization of an Alternative Urban Areawide Review (AUAR) pursuant to Minnesota Rules 4410.3610 for the purpose of conducting an environmental review and analysis of redevelopment impacts in the Gladstone Area. Seconded by Councilmember Monahan-Junek Ayes-All Intoxicating Liquor License -TGI Friday's, 3087 White Bear Avenue North Councilmember Monahan-Junek moved to designate a liquor license for TGI Fridays until October 1, 2005. If the application is not submitted by October 1 ~`, staff will submit a request at the October 10, 2005 Council Meeting requesting that the license no longer be held. Seconded by Councilmember Rossbach Ayes-Mayor Cardinal, Councilmembers Monahan-Junek and Rossbach Nay-Councilmember Juenemann Utility Easement Vacation (Heritage Square Fourth Addition) City Manager Fursman presented the report. Planner Ekstrand presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolution vacating the drainage and utility easement within the site of the Heritage Square 4`h addition town house development that follows the old Lydia Avenue alignment: EASEMENT VACATION RESOLUTION 05-08-128 WHEREAS, Jim Kellison, of Kelco Real Estate Development Services, applied for the vacation of the following: Drainage and utility easement described by the following document numbers: #2156689,#2451070,#2678102 and #2987438 WHEREAS, the history of this vacation is as follows: On July 18, 2005, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property City Council 08-08-OS 13 owners. The commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the public easement vacation. On August 8, 2005, the city council considered this request. The city staff sent a meeting notice to the abutting property owners. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approved this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: It is in the public interest. The existing easement is not needed for utility or drainage purposes. The approved Heritage Square 4`h Addition site plan has a building proposed on top of the easement. Seconded by Councilmember Juenemann Ayes-All 7. Maplewood Business Center Landscape/Screening Plan (1616 Gervais Avenue) a. City Manager Fursman presented the report. b. Planner Finwall presented specifics from the report. c. Patrick Lensing, Steiner Development, leasing agent for the Maplewood Business Center addressed council questions. d. The following persons were heard: Joseph Yahnke, 1595 Grandview Avenue, Maplewood Cindy Hall, 1596 Grandview Avenue, Maplewood Councilmember Monahan-Junek moved to approve the "PVC Fence" landscape/screen plan date stamped June 17, 2005, for the Maplewood Business Center located at 1616 Gervais Avenue with the following revisions and conditions: 1. The fence shall be installed on top of the berm, along Germain Street, and shall extend from the south side of the south building, to the north side of the north building (approximately 285 linear feet). 2. In addition to the five 12-foot high spruce trees to be planted on the east side of the fence, six landscape areas should be planted in front of the fence, along Germain Street. Each landscape area should include six low-maintenance evergreen and deciduous shrubs (5 gallon pots), planted in a rock mulch. The landscape areas should be staggered along the west side of the entire length of the fence, along Germain Street. 3. The fence should be constructed with a minimum of a 5 degree angle from the horizontal every 15 feet. The landscape/screen plan must be completely installed by September 8, 2005. City Council 08-08-OS 14 The landscape and fencing must be maintained and landscaping replaced by the owner if it dies. Seconded by Councilmember Rossbach Ayes-All The Woodlands of Maplewood (McMenemy Street, north of Kingston Avenue) a. Land Use Plan Change-R-1 (single-family residential) to R-2 (single and double dwellings) (4 votes) b. Zoning Map Change-F (farm residence) to R-2 (single and double dwellings) c. Street right-of-way vacation (Edgemont Street, north of Kingston Avenue) d. Conditional use permit (CUP) for a planned unit development (PUD) e. Preliminary plat f. Design Approval a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. c. Boardmember Olson presented the Community Design Review Board report. d. Commissioner Trippler represented the Planning Commission report. e. The following persons were heard: Brian Bourassa, applicant, MFRA Engineering Chris English, Metro Land Surveying and Engineering Dale Trippler, 1201 Junction Avenue, Maplewood Chris English, Metro Land Surveying and Engineering, second appearance Mr. English, representing the applicant, asked the council to table action on the proposal. Mayor Cardinal moved to table this item until the September 12`h City Council Meeting. Seconded by Councilmember Juenemann Ayes-All A five minute break was taken Walgreens (White Bear and Beam Avenues) a. Land Use Plan Change (LBC (limited business commercial) to BC (business commercial) (4 votes) b. Zoning Map Change-LBC (limited business commercial) to BC (business commercial) c. City Council Initiated Map Changes 1. Land Use Plan Change-LBC (limited business commercial) to BC (business commercial) 2. Zoning Map Change-LBC (limited business commercial) to BC (business commercial) d. Design Approval Councilmember Monahan-Junek moved to deny the applicants' (Meer Construction and the Maplewood Financial Centerl reauest for a comprehensive land use plan map chance from limited business commercial (LBC) to business commercial (BC) for the vacant property located on the northeast corner of Beam and White Bear Avenues. The city is denvina this reauest based on the followin Mogren Landscaping is an owner of the above-mentioned land holding the fee title City Council 08-08-OS 15 interest and a full reversion in the lease. Mogren Landscaping opposes the comprehensive land use change request. c. Maplewood Financial Center is not an exclusive owner of this property, and there is not agreement between the owners regarding the comprehensive land use change. Seconded by Councilmember Juenemann Ayes-All Councilmember Monahan-Junek moved to deny the applicants' (Meer Construction and the Maplewood Financial Center) request for a zoning map change from limited business commercial (LBC) to business commercial (BC) for the vacant property located on the northeast corner of Beam and White Bear Avenues. The city is denying this request based on the following: Mogren Landscaping is an owner of the above-mentioned land holding the fee title interest and a full reversion in the lease. Mogren Landscaping opposes the zoning map change request. c. Maplewood Financial Center is not an exclusive owner of this property, and there is not agreement between the owners regarding the zoning map change. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to direct staff to investigate the history of the parcel (when the zoning was changed and why and if there are any other situations where a parcel was changes from LBC to BC) for historic perspective. Seconded by Councilmember Rossbach Ayes-All Councilmember Monahan-Junek moved to deny the design review based on the fact that the use is not allowed in the existing comprehensive plan and zoning district designation of limited business commercial (LBC) since the city council did not initiate the comprehensive land use and zoning map change. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to extend the meeting until the completion of the agenda at 10:55 p. m. Seconded by Councilmember Rossbach Ayes-All 10. Maplewood Toyota Vehicle Parking and Sales Facility (south site - NW corner of Highway 61 and Beam Avenue) a. Conditional Use Permit (CUP) Revision (for parking ramp and for motor vehicle sales within 350 feet of residential district) b. Setback variance for parking ramp from public right-of-way c. Design Approval a. City Manager Fursman presented the report. Planner Ekstrand presented specifics from the report. c. Boardmember Olson presented the Community Design Review Board report. City Council 08-08-OS 16 Commissioner Trippler presented the Planning Commission Report. e. Steve McDaniel, applicant, was present to address council questions. Councilmember Rossbach moved to adopt the following resolution approving a conditional use permit revision for a parking ramp with car sales within 350 feet of residential property. Approval is based on the findings required by ordinance and subject to the following conditions (Additions are underlined and deletions are crossed out): CONDITIONAL USE PERMIT REVISION RESOLUTION 05-08-129 WHEREAS, BWBR Architects, on behalf of Steve McDaniels of Maplewood Toyota, applied for a conditional use permit revision to construct a parking ramp with car sales within 350 feet of residential property. The proposed ramp would be 200 feet from the nearest neighbors' residential property line. WHEREAS, this permit applies to property located at the northwest corner of Beam Avenue and Highway 61. The legal description is: Subject to road and highway, part westerly of centerline of said highway of South 253 feet of the east 608.4 feet of the NE % of Section 4, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: On June 20, 2005, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve this permit. The city council held a public meeting on August 8, 2005, to review this proposal. The council considered the report 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. 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. City Council 08-08-OS 17 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. Automotive sales and repair facilities are accepted uses in M1 districts subject to appropriate conditions. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1. ' . All construction shall follow the site plan date-stamped May 26, 2005, with the exception that the street-side setbacks for the proposed parking ramp shall be set further back to meet the required 30- foot setback requirement. The director of community development may approve minor changes to the plans. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. „~",~ rv.~~c4 h.. ".,..,..,,.,~ ~.,.~,. ,.,.., Maplewood Toyota shall stop the use of Beam Avenue for employee parking. The site and ramp parking plan shall be revised to incorporate a sufficient number of parking spaces for employees and customers. This plan must be submitted to staff for approval before the city will issue a building permit. 5. rv.iM F... 44a. n nc4n ~n4i..n v.., tw~~ ,. ..~. Vehicle-transport deliveries shall continue to be handled on-site and not within the right-of-way. 6. The applicant shall submit a detailed site-liahtina plan that includes fixture design. pole heights and light-spread intensities at residential lot lines. This plan shall ensure that neighbors cannot see any light bulbs or lenses directly and that light intensity and light spread meet the parameters of the city's liahtina ordinance. This plan should be submitted for staff approval 7. The applicant shall change their on-site paging system to utilize personal electronic pagers instead of a broadcast system to stop broadcasts that can be heard in the adjacent residential neighborhood. 8. The applicant shall sign an agreement with the City Engineer agreeing to perform environmental improvements on their site south of Beam Avenue. The details of these improvements shall be worked out with the City Engineer. City Council 08-08-OS 18 9. The city staff shall assess the traffic flow along Beam Avenue, west of Highway 61, after the County Road D extension is operational. If traffic congestion remains, the City Engineer shall offer corrective suggestions to the City Council. 10. The ramp parking shall be striped as a typical parking lot. That is, no more than two cars deep. Seconded by Mayor Cardinal Ayes-All Councilmember Rossbach moved to approve the request for a setback variance from the street right-of- way lines for the reduced setbacks for the proposed parking ramp. Approval is because it would cause the applicant undue hardship by reducing the number of parking spaces on the site if setbacks were adhered to. Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmembers Monahan- Juenemann, Rossbach Nays-Councilmember Juenemann Councilmember Monahan-Junek moved to approve the parking-ramp plan revisions, the lighting plan and the landscaping plan date-stamped July 15, 2005, and July 21, 2005, for the proposed parking ramp proposal for Maplewood Toyota at the northwest corner of Beam Avenue and Highway 61. The applicant shall comply with the following conditions before the issuance of a building permit: 1. The approved color shall be the smooth white option with a textured red stripe. 2. Submit a detailed lighting plan to staff for approval showing the proposed fixture design and pole heights. There shall be no lights that shine toward the west. There shall be no lights mounted on the west of the proposed ramp that shine to the west. 3. Submit a revised landscaping plan to staff for approval that states that the proposed evergreen trees would be at least six feet tall and be balled and burlapped. 4. Submit an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of completing the landscaping and site lighting. 5. These items must be provided before the city shall issue a building permit. Seconded by Councilmember Rossbach Ayes-All 11. Maplewood Toyota Expansion (north site -north of LaMettry's Collision-2923 Highway 61) a. Conditional Use Permit (CUP) for outdoor motor vehicle storage b. Design Approval a. City Manager Fursman presented the report. b. Planner Ekstrand presented specifics from the report. Boardmember Olson presented the Community Design Review Board report. d. Commissioner Trippler presented the Planning Commission report. Councilmember Rossbach moved to adopt the following resolution approving a conditional use permit to store cars on the property between LaMettry Collision and Gulden's Roadhouse. Approval is based on the findings required by ordinance and subject to the following conditions: City Council 08-08-OS 19 CONDITIONAL USE PERMIT RESOLUTION 05-08-130 WHEREAS, BWBR Architects, on behalf of Steve McDaniels of Maplewood Toyota, applied for a conditional use permit to construct a parking lot before constructing a building on the same lot. WHEREAS, this permit applies to property located between LaMettry Collision and Gulden's Roadhouse. The legal description is: SECTION 4, TOWNSHIP 29, RANGE 22, EX N 409.5 FT & EX W 197.4 FT OF NWLY 469.5 FT & EX S 698 FT THE FOL; THEE 723.4 FT LYING WLY OF HWY OF SE % OF NE % (SUBJ TO RD & EASEMENTS) IN SEC 04, TN 29, RN 22. WHEREAS, the history of this conditional use permit is as follows: On June 20, 2005, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve this permit. The city council held a public meeting on August 8, 2005, to review this proposal. The council considered the report and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit 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. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. City Council 08-08-OS 20 9. The use would cause minimal adverse environmental effects. 10. Automotive sales and repair facilities are accepted uses in M1 districts subject to appropriate conditions. Approval is subject to the following conditions: 1. All construction shall follow the site plan date-stamped May 26, 2005, and also shall follow any conditions attached herein. The director of community development may approve minor changes to the plans. 2. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall comply with the impervious-surface requirements of the Shoreland Ordinance and the impervious-surface area requirements determined by the Maplewood Engineering Department in their report dated June 7, 2005. The applicant shall either decrease the aggregate surface parking or increase the pervious parking surface by 20 feet to meet the requirements of the Shoreland ordinance. 5. The applicant shall incorporate low-impact development improvements on the parcel south of Beam Avenue by September 30, 2007, as outlined in the June 7, 2005, Engineering Plan Review by the city's engineering department. The applicant and/or his engineer should meet on site with the city engineering staff to discuss what options would be appropriate and effective. 6. The property owner shall obtain city approvals and begin construction of a permanent building on this site by September 30, 2007, to coincide with the deadline for gravel removal. This is because this parking lot is considered to be needed for the applicant's desired future building. Parking lots by themselves as a primary use must be set back at least 350 feet from residential districts. Parking lots that are accessory to a building may be 20 feet from residential property lines. Seconded by Councilmember Monahan-Junek Ayes-All Councilmember Monahan-Junek moved to approve the plans date-stamped May 26, 2005, and the revised ramp and landscaping designs date-stamped July 15, 2005, for the Maplewood Toyota parking lot between LaMettry Collision and Gulden's Roadhouse. Approval is subiect to the applicant doing the following: The applicant shall submit a detailed site-lighting plan that includes fixture design, pole heights and light-spread intensities at residential lot lines. This plan shall ensure that neighbors cannot see any light bulbs or lenses directly and that light intensity and light spread meet the parameters of the city's lighting ordinance. This plan should be submitted to staff for approval. The landscaping plan shall be resubmitted to staff for approval providing for additional overstory trees along with the evergreens proposed for the northwest corner of the site. The site shall also have an in-ground irrigation system installed when the future building is built. The landscaping plan shall also provide sod on the east, north and south sides of the parking lot. The pond area to the west can remain natural. City Council 08-08-OS 21 The design of the retaining wall is approved. Areas where the retaining wall exceeds four feet in height must be designed by a structural engineer and have a protective fence on top. The design of the fence shall be submitted to staff for approval. The applicant shall assure that there will be no negative effect to the Gulden's parking lot or property due to their parking lot construction and retaining wall. The Class-5 gravel mix for the temporary parking lot is not allowed. A clean aggregate may be used subject to the approval of the city engineer and the Ramsey/Washington Watershed District. This gravel parking lot shall not be used longer than two construction seasons, but no later than September 30, 2007, after which time, it must be removed or replaced with a permanent surface. At that time, if the parking lot remains in use, the parking lot must be upgraded with concrete curbing as required by ordinance. The applicant shall submit cash escrow or an irrevocable letter of credit before the issuance of a grading permit to cover the cost of installing all required landscaping. This escrow shall be in the amount of 150 percent of the cost of all landscaping. Seconded by Mayor Cardinal Ayes-All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS National Night Out -Councilmember Juenemann thanked everyone for their participation and involvement in National Night Out. Historical Commission -Councilmember Rossbach encouraged the city to make better use of the Historical Commission when conducting city business. Schlomka Property -Pubic Works Director Ahl gave a status report on the property. Proposed 2006 Budget -Mayor Cardinal informed the public that the 2006 proposed budget is ready and can be viewed at City Hall or at the County Library. N. ADMINISTRATIVE PRESENTATIONS 800 MHZ Equipment Check -City Manager gave an update on the status of equipment and the need to decide to perform acheck-up on the microwave link in conjunction with the test that Ramsey County will be performing. City Manager Fursman gave the approval to perform the test. O. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 12:10 a.m. Seconded by Councilmember Monahan-Junek Ayes-All City Council 08-08-OS 22