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HomeMy WebLinkAbout06-25-2007MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, June 25, 2007 Council Chambers, City Hall Meeting No. 07-011 A. B. C. D. E. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:14 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach. Councilmember Present APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as amended. Councilmember Cave requested switching the order of item F. Visitor Presentations and G. Appointments/Presentations. F3. Memorial Resolution for Edna Ledo F4. Fourth of July Celebration M2. New Dispatch Center M3. Special Olympics M4. Ramsey County League of Local Governments Seconded by Councilmember Cave Ayes -All APPROVAL OF MINUTES Minutes from the June 11, 2007, 5 p.m. Council/Manager Workshop. Councilmember Cave moved to approve the minutes of June 11, 2007, 5 p.m. as submitted. Seconded by Hjelle Ayes- All Minutes from the June 11, 2007, 7:00 p.m. City Council Meeting. Mayor Longrie had corrections on pages 2, 10, and 35. On page 2, Visitor Presentations number 2. the sentence should read He would like the commission and board meetings to meet in the city council chambers to be televised. On page 10, in the seventh paragraph, the first sentence should be rewritten to read Public Works Director, Chuck Ahl, presented the report for ten property owners who submitted a petition to the city council and live on Mississippi Street who-are objecting and who object to their street assessments of $8,298.72. June 25, 2007, City Council Meeting On page 35, in the middle of the page, in the underlined section, line 3, where the word comfort is it should read comfort safe and repose. Councilmember Juenemann moved to approve the minutes of June 11, 2007, as amended. Seconded by Councilmember Hjelle Ayes- All F. APPOINTMENTS/PRESENTATIONS New Police Officers Swearing In a. Derek Fritze b. Dawn Frederiksen Chief Thomalla presented the report to the city council. Mayor Longrie administered the Oath of Office to Derek Fritze and Dawn Frederiksen. Derek Fritze's wife Julie pinned badge number 434 on her husband and Dawn Frederiksen's father John pinned badge number 435 on his daughter. Appointment of Environmental and Natural Resources Commission Member Opening Frederica Ann Musgrave Dale Trippler Mayor Longrie moved to appoint Frederica Ann Musgrave to the Environmental and Natural Resources Commission. Seconded by Councilmember Cave. Ayes -All June 25, 2007, City Council Meeting 2 3. Memorial Resolution for Edna Ledo. Mayor Longrie read the Resolution for Edna Ledo. Mayor Longrie moved to approve the Memorial Resolution for Edna Ledo. Memorial Resolution 07-06-095 For Edna M. Ledo Honoring a Distinguished Citizen and Volunteer WHEREAS, the City of Maplewood is proud to remember Edna M. Ledo as a long time resident and volunteer at the Maplewood Nature Center and as a commissioner on the Maplewood Historical Preservation Commission. WHEREAS, Edna Ledo dedicated over 600 hours of her time as a volunteer at the Maplewood Nature Center. WHEREAS, Edna was game for anything: from showing kids the live reptiles, to dressing up as a voyager for the fur trade program, to creating and dressing up as a giant Great Horned Owl! WHEREAS, her work as a trail guide has inspired future generations -thousands of children and many adults - to embrace the wonder of the natural world. WHEREAS, Edna Ledo served for four years on the Maplewood Historical Commission, two and one-half of those as the Vice President and is especially remembered for her dedication to the restoration and success of the Bruentrup farm and working the food booth at the Halloween HoDown. NOW, THEREFORE, I Mayor, Diana Longrie and the Maplewood City Council declare our gratitude for Edna Ledo's dedication to public service as a volunteer and will have the memory of Edna M. Ledo as an example to all of Maplewood's citizens of her citizenship and commitment to service. Dated this 25`h day of June 2007 Mayor, Diana Longrie Seconded by Councilmember Cave. Ayes -All June 25, 2007, City Council Meeting 3 4. Fourth of July Celebration Karen Guilfoile, Citizen Services Manager gave the presentation to the council. Ms. Guilfoile said Maplewood's Annual Fourth of July Celebration at Hazelwood Park will begin at 5:00 p.m. with lots of food and fun. The entertainment starts at 7:30 p.m. with The Cedar Avenue Big Band and the display of fireworks begins at 10:00 p.m. G. VISITOR PRESENTATIONS Bill Kayser, 6408 - 81s` Avenue North, Brooklyn Park, addressed the council. He spoke regarding item N. 1. Conservation Easements to Protect Open Spaces Status Report. He updated the council on his conversation with Sara Strommen, with the Minnesota Trust for Public Land. Nancy Lazaryan, 10734 West Lake Road, Rice, addressed the council. Ms. Lazaryan was concerned whether the Mayor signs all the Resolutions that come through the city. She requested a copy of all the Resolutions. Her concern was that the Mayor obeys the laws. She requested a written formal complaint from Mr. Kantrud regarding her false arrest allegations. H. PUBLIC HEARINGS NPDES PHASE II Annual ReportlPublic Meeting DuWayne Konewko presented the report. Mayor Longrie opened the public hearing and there were no individuals that came forward. No action was needed on this item. Councilmember Juenemann said she appreciates how the Public Works Department has taken this on. This has become a mission and she thinks the Public Works Department is doing a wonderful job on this. The Mayor said the council looks forward to receiving the final report in October. 2. Brookview Area Street Improvements, City Project 07-01 a. Assessment Hearing 7:00 pm b. Approve Resolution for Adoption of Assessment Roll a. Assistant City Engineer, Erin Laberee, presented the report. Mayor Longrie opened the public hearing and the following individuals spoke. Dick Johnson, 207 O'Day Street North, Maplewood, addressed the council. He asked who had received the contract bid to do the work on the streets and when the residents would be contacted to see if they want a driveway constructed. Johnny Jones, 200 Sterling Street North, Maplewood, addressed the council. He said he can't afford the assessment and would like to apply for a hardship. June 25, 2007, City Council Meeting 4 Chuck Ahl said persons that want to apply for deferment of this assessment may contact the Public Works Department for confidentiality. Councilmember Cave moved to approve the Brookview Area Street Improvements. RESOLUTION 07-06-108 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 14`h , 2007, calling for a Public Hearing, the assessment roll for the Brookview Area Street Improvements, City Project 07-01, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 01.28.22.12.0039 - Vang Kong; 222 Sterling Street N Mr. Kong objects to the assessment based upon financial hardship. b. Parcel 01.28.22.12.0042 -Johnny Jones; 200 Sterling Street N Mr. Jones objects to the assessment based upon disability causing financial hardship. c. Parcel 01.28.22.21.0033 - Walter Croll. 165 Crestview Drive N Mr. Croll objects to his assessment based upon financial hardship. d. Parcel 01.28.22.21.0029 -James Gunderson, 131 Crestview Drive N Mr. Gunderson objects to the assessment based upon financial hardship. e. Parcel 01.28.22.12.2248 -Richard Johnson, 207 O'Day St. N Mr. Johnson objects to the assessment based upon financial hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on July 9`h, 2007, as to their recommendations for adjustments. The assessment roll for the Brookview Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. June 25, 2007, City Council Meeting 5 The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. The city engineer and city clerk shall forthwith after October 1, 2007, but no later than November 15, 2007, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 25`h day of June 2007. Seconded by Councilmember Juenemann. Ayes -All 3. Century Avenue Improvements, City Project 03-15. a. Public Hearing 7:15 p.m. b. Resolution Ordering Improvements After Public Hearing a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie opened the public hearing and the following individuals spoke. Richard Hoyer, 21 Century Avenue South, Maplewood, owner of the Guertins Drug Store, addressed the council. He said this is a financial hardship on the drug store if the center median is put in and the doctor's office may end up closing because of the access situation. The big concern is that they are requesting a one way in and out. This costs a lot of money and he doesn't feel it warrants a center median until 2010. Especially because that was stated at the original public hearing. He said there are over 5 businesses where they are proposing the turn lane. Dr. John Dickhudt, Minnhealth Afton Clinic, Maplewood, addressed the council. He said they have been in business for 40 years and they take good care of people. There is a meeting the morning of June 28, 2007, at their office for the business owners regarding the safety issues. He thinks from a fire safety issue it is nice to have two accesses. Felipe and Ana Granda, 111 Century Avenue South, Maplewood, addressed the council. Ms. Granada asked why it was important to have a double lane on Century Avenue? Once the sidewalk is constructed in front of her house it will be difficult for them to turn because of the long driveway and will require them to turn into traffic in order for them to back out. With no median for them to go out they would have to drive to Lower Afton Road and come back go to Upper Afton Road depending on which highway they come from. She asked who to contact to get access to the sewer and water on their property. She asked if a company comes onto your property do they have the right to damage your property? Karen Johnson, 105 Century Avenue South, Maplewood. She said the Granda's and her house are the only two residential properties in the area and having this center median would cause a access hardship for their properties. June 25, 2007, City Council Meeting 6 Bob Traun 413 Highpoint Curve, Maplewood. He said he is a member of the Lutheran Church of Peace and they are troubled by the city assessment because they are going to lose their trees, their sign and one of their two driveways. They are being assessed by the city but the church property is not being improved. Mayor Longrie closed the public hearing. Mayor Longrie said before she would vote for the resolution ordering these improvements to Century Avenue she would like to see a clause inserted stating the council would like the plan for median to be researched further and brought back to the council for consideration. Councilmember Cave moved to approve the Resolution Ordering Improvements to Century Avenue, City Project 03-15 with the staff changes to the resolution. Mr. Ahl said staff would make the corrections to the resolution and those changes would be brought back to the council in the minutes to approve. Staff will also make the correction in the recommendation to change the assessment hearing to be conducted in 2008 (not 2007) as stated in the staff report. Councilmember Cave approved that amendment RESOLUTION 07-06-097 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 11th day of June, 2007, fixed a date for a council hearing on the proposed improvements for the Century Avenue Improvements, City Project 03-15. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 25th, 2007, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood in coordination with Ramsey and Washington Counties, Mn/DOT, and the City of Woodbury, make improvements to Century Avenue Improvements, City Project 03-15. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of June 2007. 3. Ramsey County is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. The City Engineer is hereby directed to work cooperatively with the Ramsey County engineer for the purpose of determining an appropriate solution and assisting to resolve the access issues to the businesses and properties on the southeastern corner of Upper Afton Road and Century Avenue, including considerations regarding the proposed median on Century Avenue. The City Engineer shall report to the City Council on the resolution of this issue prior to recommending approval of the final plans for Council consideration. June 25, 2007, City Council Meeting 7 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $370,000 shall be established. The proposed financing plan is as follows: Street & Storm Assessments: $ 312,158.73 MSAS Funds: $ 25,000.00 Sanitary Sewer Fund: $ 32,841.27 Seconded by Councilmember Rossbach. Ayes -All 4. Pond Overlook Public Improvements, City Project 07-08 Public Hearing 9:10 p.m. a. Public Works Director, Chuck Ahl, recommended that the Mayor open the public hearing up for the Pond Overlook and keep the hearing open throughout item L. 1. e. Mayor Longrie moved to table item H. 4. under New Business item L. 1. in order to combine all items for Pond Overlook into one discussion and open the public hearing at that time. Seconded by Councilmember Cave. Ayes -All CONSENT AGENDA Councilmember Juenemann moved to adopt consent agenda items 1, 2, 4, 5, 8, 10. Seconded by Councilmember Cave. Ayes- All Councilmember Juenemann moved to adopt consent agenda item 3. Seconded by Councilmember Hjelle. Ayes- All Councilmember Rossbach moved to adopt consent agenda item 6. Seconded by Councilmember Hjelle. Ayes- All Councilmember Juenemann moved to adopt consent agenda item 7. Seconded by Councilmember Hjelle. Ayes- All Councilmember Juenemann moved to adopt consent agenda item 9. June 25, 2007, City Council Meeting 8 1. Approval of Claims Councilmember Juenemann moved Approval of Claims. ACCOUNTS PAYABLE: $ 64,726.31 Checks #72852 thru #72886 Dated 06/04/07 thru 06/12/07 $ 344,743.64 Disbursements via debits to checking account Dated 06/01/07 thru 06/07/07 $ 82,982.31 Checks #72887 thru #72933 Dated 06/12/07 thru 06/19/07 $ 136,856.26 Disbursements via debits to checking account Dated 06/08/07 thru 06/14/07 $ 629,308.52 Total Accounts Payable PAYROLL $ 448,191.16 Payroll Checks and Direct Deposits dated 06/15/07 $ 2,689.97 Payroll Deduction check #1002351 thru #1002353 Dated 06/15/07 $ 450,881.13 Total Payroll $ 1 080 189 65 GRAND TOTAL Seconded by Councilmember Cave. Ayes -All 2. Authorization to make payment for Recware Safari yearly support contract. Councilmember Juenemann moved to approve payment for Recware Safari Maintenance Fees. Seconded by Councilmember Cave. Ayes -All June 25, 2007, City Council Meeting 9 3. Resolution Authorizing Execution of Agreement -Safe and Sober Communities Grant. Councilmember Juenemann moved to approve the Resolution Authorizing Execution of Agreement for the Safe & Sober Communities Grant. RESOLUTION 07-06-098 AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the Maplewood Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2007, through September 30, 2008. The Chief of Police of the Maplewood Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Maplewood Police Department. Be it further resolved that the Sheriff of Ramsey County is hereby authorized to be the fiscal agent and administer this grant on behalf of the Maplewood Police Department. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota on June 25, 2007. SIGNED: (Signature) WITNESSETH: (Signature) Mayor City Clerk (Date) (Date) 2008 Minnesota Safe & Sober Office of Traffic Safety, Department of Public Safety Seconded by Councilmember Hjelle. Ayes -All June 25, 2007, City Council Meeting 10 4. Fee Waiver - St. Paul East Parks Lions Club. Councilmember Juenemann moved to approve the Fee Waiver for St. Paul East Parks Lions Club. Seconded by Councilmember Cave. Ayes -All 5. Temporary Gambling Resolution -Pulmonary Hypertension Association -Battle Creek Park. Councilmember Juenemann moved to approve the Temporary Gambling Resolution -Pulmonary Hypertension Association -Battle Creek Park. TEMPORARY GAMBLING RESOLUTION 07-06-099 PULMONARY HYPERTENSION ASSOCIATION BATTLE CREEK PARK BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is resolved for the Pulmonary Hypertension Association to be used on August 18, 2007, at Battle Creek Regional Park. FURTHERMORE, that the Maplewood City Council waives any objection to the timelines of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Cave. Ayes -All 6. Taste of Maplewood Council Dunk Tank Donation Councilmember Rossbach moved to approve the Taste of Maplewood Council Dunk Tank Donation to the Friends of St. Paul Parks and Ramsey County Trails and Friends of the Nature Center. Seconded by Councilmember Hjelle. Ayes -All Replace Existing Furnace and Air Conditioner at Station 4. Councilmember Juenemann moved to approve the Replacement of the Existing Furnace and Air Conditioner at Fire Station 4. Seconded by Councilmember Hjelle. Ayes -All June 25, 2007, City Council Meeting 11 8. Desoto Skillman Area Street Improvements, City Project 06-16, Resolution Approving Memorandum of Agreement with Capitol Regions Watershed District. Councilmember Juenemann moved to approve the Desoto Skillman Area Street Improvements, City Project 06-16, Resolution Approving Memorandum of Agreement with Capitol Regions Watershed District. RESOLUTION 07-06-100 APPROVING MEMORANDUM OF AGREEMENT FOR STORMWATER FACILITIES WITH CAPITOL REGIONS WATERSHED DISTRICT WHEREAS, the City of Maplewood wishes to reconstruct streets with Capitol Regions Watershed District WHEREAS, as part of the permit to reconstruct roads within Capitol Regions Watershed District, the City of Maplewood is required to enter into a Memorandum of Agreement for Storm Water Facilities with Capitol Regions Watershed District NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD. MINNESOTA: The City of Maplewood agrees to the terms and provisions of the Memorandum of Agreement for Storm Water Facilities with Capitol Regions Watershed District. The city assumes all responsibilities in the agreement pertaining to the stormwaterfacilities within Capitol Regions Watershed District The City of Maplewood authorizes the Mayor and City Engineer to sign the Memorandum of Agreement for Storm Water Facilities with Capitol Regions Watershed District Adopted by the City Council this 25`h day of June 2007. Diana Longrie, Mayor City Engineer June 25, 2007, City Council Meeting 12 CONTRACT NO. MEMORANDUM OF AGREEMENT for MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES AN AGREEMENT, dated this of , 2007, by and between the CAPITOL REGION WATERSHED DISTRICT hereinafter called the "DISTRICT", and the CITY OF MAPLEWOOD, Minnesota hereinafter called the "CITY". WHEREAS, a portion of the CITY is located within the DISTRICT and therefore is subject to its rules; and WHEREAS, the DISTRICT requires the installation and maintenance of stormwater management facilities for projects disturbing over one acre in its DISTRICT Rules; and WHEREAS, the CITY is required to construct stormwater management facilities according to Rule C of the DISTRICT Rules for CITY Improvement Projects, including street reconstruction projects; and WHEREAS, the CITY has proceeded to commence street reconstruction projects; WHEREAS, the CITY is required to enter into an agreement to maintain the stormwater management facilities under Rule C Section 3.(e) of the DISTRICT Rules; and NOW, THEREFORE, in consideration of the mutual terms and conditions hereinafter set forth, the DISTRICT and the CITY agree as follows: SECTION 1. Definitions a) stormwater Management Facilities means the devices constructed as a part of CITY Improvement Projects to meet the DISTRICT'S rules. b) State of Minnesota stormwater Manual means the reference guide referred to in DISTRICT rules SECTION 2. City Obligations The CITY shall maintain the stormwater management facilities in working condition and in accordance with the schedule of long term maintenance activities agreed to, as follows: a) Establish an inventory of stormwater management facilities, which will be updated annually. b) Inspect the stormwater management facilities annually. c) Maintain all stormwater management facilities to assure that, to the extent possible, they function as originally designed. d) Maintain all stormwater management facilities as recommended in the State of Minnesota stormwater Manual, or as amended. SECTION 3. Entire Agreement It is understood and agreed that this Agreement constitutes the entire Agreement between the parties, and that it supersedes all oral agreements and negotiations between the parties relating to the subject matters hereof. This Agreement may be amended only by written agreement of the parties. June 25, 2007, City Council Meeting 13 SECTION 4. Termination This Agreement shall be perpetual in nature until modified or terminated by the DISTRICT or the CITY at any time with or without cause upon ninety (90) days written notice to the other party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. CITY OF MAPLEWOOD, MINNESOTA CAPITOL REGION WATERSHED DISTRICT By Diana Longrie, Mayor By Chuck Ahl, Director of Public Works/City Engineer City of Maplewood 1902 County Road B East Maplewood, MN 55109 Seconded by Councilmember Cave. By Mark Doneux, Coordinator Robert P. Piram, President Capitol Regions Watershed District 1410 Energy Park Dr., Suite 4 St. Paul, MN 55108 Approved as to form: Assistant Ramsey County Attorney Legal Counsel for Capitol Region Watershed District Ayes -All June 25, 2007, City Council Meeting 14 9. Crestview Forest Improvements Deer Ridge Lane, City Project 06-21, Resolution Accepting Feasibility Study and Ordering Public Hearing Councilmember Juenemann moved to approve the Crestview Forest Improvements Deer Ridge Lane, City Project 06-21, Resolution Accepting Feasibility Study and Ordering Public Hearing RESOLUTION 07-06-101 ACCEPTING FEASIBILITY STUDY AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution to the council adopted September 25`h, 2006, a report has been prepared by the city engineering division with reference to the improvement of Crestview Forest Improvements (Deer Ridge Lane), City Project 06-21, and this report was received by the council on June 25`h, 2007, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of Crestview Forest Improvements (Deer Ridge Lane) in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota, Statutes, Chapter 429 at an estimated total cost of the improvement of $24,954. 2. A public hearing shall be held on such proposed improvement on the 9`h day of July, 2007, in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Cave. Ayes -All June 25, 2007, City Council Meeting 15 10. Heritage Square Easement Vacation Resolution Correction. Councilmember Juenemann moved to adopt the revision to the November 28, 2005, easement vacation resolution to correct the lot number inaccuracy. This correction changes the legal description of the parcel from Lot 1 to Lot 4, Heritage Square. EASEMENT VACATION RESOLUTION 07-06-093 WHEREAS, Mr. Kevin Clark, of Town & Country Homes, applied for the vacation of a four by ten foot portion of drainage and utility easement within the Heritage Square Townhome development. This easement is described as follows: THE WEST 10.00 FEET OF THE EAST 40.00 FEET OF THE NORTHERLY 4.00 FEET OF THE SOUTHERLY 10.00 FEET OF LOT 4, BLOCK 1, HERITAGE SQUARE, RAMSEY COUNTY, MINNESOTA, ALL DISTANCES TO BE MEASURED AT RIGHT ANGLES. WHEREAS, on November 7, 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 owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on June 25, 2007, the city council approved this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city approves 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 because this four by ten foot section of a drainage and utility easement is not needed and, therefore, would serve no public purpose. The Maplewood City Council adopted this resolution on June 25, 2007. Seconded by Councilmember Cave. Ayes -All June 25, 2007, City Council Meeting 16 J. AWARD OF BIDS Brookview Area Street Improvements, City Project 07-01 Approve Resolution for Awarding Construction Contract Public Works Director Ahl presented the report. Councilmember Cave moved to approve the attached Resolution for the Award of Bids for Brookview Area Street Improvements, City Project 07-01. RESOLUTION 07-06-102 AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Palda & Sons, Inc. in the amount of $1,865,081.57 is the lowest responsible bid for the construction of Brookview Area Street Improvements -City Project 07-01, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Adopted by the council on this 25`h day of June 2007. Diana Longrie, Mayor Karen Guilfoile, City Clerk Seconded by Councilmember Hjelle. Ayes- All A ten minute break was taken at 9:28 p.m. June 25, 2007, City Council Meeting 17 K. UNFINISHED BUSINESS Comforts of Home Design Review Amendment 2300 and 2310 Hazelwood Street a. Planner, Ken Roberts, presented the report. b. Matt Frisbie, Frisbie Architects, 215 North 2"d Street, Suite 204, River Falls, Wisconsin, and siding representatives for the proposed Comforts of Home building spoke. c. Board member, John Demko spoke for the CDRB. The council discussed extensively the pros and cons of the vinyl siding versus James Hardie siding on the proposed building. Mayor Longrie asked if anyone in the audience wanted to speak regarding this item. No individuals came forward. Councilmember Cave moved to approve the plans date-stamped March 27, 2006, the April 25, 2006, revised grading and drainage plans, tree preservation and landscape plans, and the revised May 30, 2007, building elevations and the revised floor plans submitted at the June 12, 2007, community design review board meeting for the 42-unit, two-story, assisted living facility (Comforts of Home) to be located at the southeast corner of Highway 36 and Hazelwood Street (currently 2300/2310 Hazelwood Street). (Changes to the original conditions are underlined if added and stricken if deleted.) Approval is subject to the applicant doing the following: Repeat this review in two years if the city has not issued a building permit for this project. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: a. Revised plans which meet all requirements as spelled out in the May 11, 2006, engineer review including, but not limited to, entering into a development agreement with the city to ensure all construction activities conform to Maplewood's standards and to ensure an escrow is taken by the city for the cost of a 6-foot-wide sidewalk to be constructed along the entire Hazelwood Street frontage during future Hazelwood Street construction. b. Revised landscape plan showing the following: 1) The Colorado blue spruce should be changed to Black Hills spruce. 2) Plantings should be shown in the infiltration pond and rainwater garden. The plantings should include pre-approved native seed mixtures. 3) The landscape area called out on the main floor plan in front of the entry canopies (sheet A2) should be reflected on the landscape plan. 4) A planting bed should be included in the interior of the loop driveway (in between the driveway and the road). 5) Two additional sugar maple trees should be planted along Hazelwood Street June 25, 2007, City Council Meeting 18 6) All landscaping (excluding landscaping within the infiltration basin and rainwater garden) must be irrigated. The landscape plan must reflect the location of all required underground irrigation sprinkler heads. 7) All disturbed areas must be established with turF. 8) The applicant should attempt to save the large oak tree located on the southeast side of the building (Tree #573 - 30" oak) and must take all means necessary to protect all other large trees scheduled to be preserved on the property during construction of the facility. c. Revised site plan which shows the following: 1) Site plan must match the grading and drainage plan and reflect the required berm located on the north side of the property. 2) Future sidewalk to be located along the entire Hazelwood Street frontage. 3) Walking trail to be located on the north side of the property, around the infiltration basin. d. Revised floor plans showing the expansion of the three outdoor patios if possible and the location of a second elevator. e. Revised lighting and photometrics plan which shows that the height of the freestanding lights do not exceed 25 feet (measured from ground grade to the top of the lumen). Watershed district approval. The color scheme approved for the building is the one showed on the rendered copy submitted to the board on June 12, 2007, and not the image shown on the screen. h.g Building material samples. i.k~ The owner shall combine the two properties into one lot for tax identification purposes before the city issues a building permit. L~- A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. The applicant shall complete the following before occupying the building: Replace any property irons removed because of this construction. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. Install all required outdoor lighting. June 25, 2007, City Council Meeting 19 Install wetland buffer signs which indicate that no mowing, cutting, or building is permitted within the 25-foot buffer. If any required work is not done, the city may allow temporary occupancy if: The city determines that the work is not essential to the public health, safety or welfare. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. Signs are not approved with this design review approval. All signs must be approved by the community design review board before installation. All work shall follow the approved plans. City staff may approve minor changes. Councilmember Rossbach said the staff report states that with the money the applicant will save upgrades, and mechanical system upgrades so he recommended these items as a friendly amendment to ensure these items are done. Councilmember Rossbach's friendly amendment was accepted by Mayor Longrie and Councilmember Cave. Seconded by Mayor Longrie. Ayes-Mayor Longrie, Councilmember's Cave, Hjelle, Juenemann -Rossbach 2. Conditional Use Permit Review -Mapletree Group Home 2831 Southlawn Drive. Planner, Ken Roberts, presented the report. There was a lengthy discussion regarding what constitutes a criminal act and how the offense language is written and how a criminal act is considered. Mayor Longrie opened the public hearing and the following individuals spoke. Mick Manders, 2804 Southlawn Drive, Maplewood. He spoke regarding activity in the neighborhood from the Mapletree Group Home. Earl Stienbrien, 1795 Radatz Avenue, Maplewood. He spoke regarding the Maplewood Police Department sending two cars to the Mapletree Group Home on June 15, 2007, and what happened with two kids in the car. June 25, 2007, City Council Meeting 20 c. Jon Brandt, Applicant, Mapletree Group Home, 2831 Southlawn Drive, Maplewood. He explained the program and how police calls are handled, how probation officers are contacted and how the probation officers make the decision to contact the police and how things are handled on a case by case basis at the group home. Kids are coming from several different counties due to the lack of facilities like this program. Councilmember Rossbach moved to approve the Conditional Use Permit Review for the Mapletree Group Home 2831 Southlawn Drive. Seconded by Councilmember Juenemann Ayes- Councilmember's Hjelle, Juenemann, Rossbach Nays -Mayor Longrie, Councilmember Cave Councilmember Rossbach moved to extend the city council meeting until 12:00 midnight. Seconded by Councilmember Hjelle. Ayes -Mayor Longrie, Councilmember's Cave, Hjelle, Rossbach -Juenemann June 25, 2007, City Council Meeting 21 3. Lower Afton Road Trail, City Project 03-29, Approve Cooperative Agreement with Ramsey County. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if anyone in the audience wanted to speak regarding this item. No individuals came forward. Councilmember Juenemann moved to approve the Lower Afton Road Trail, City Project 03-29, Approve Cooperative Use Permit Review. RAMSEY COUNTY COOPERATIVE AGREEMENT RESOLUTION 07-06-103 WITH CITY OF MAPLEWOOD Lower Afton Road Trail from Century Avenue to McKnight Road M.S.A.P.130-020-033 Estimated Amount Receivable from City of Maplewood Municipal State Aid Funds: Trail $100,000.00 Attachments: Engineers Estimate THIS AGREEMENT, by and between the City of Maplewood, a municipal corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County"; WITNESSETH: WHEREAS, the City and the County desire to reconstruct a Trail along the north side of Lower Afton Road between Century Avenue and McKnight Road; and WHEREAS, Lower Afton Road Trail is in the City of Maplewood; and WHEREAS, preliminary studies and reports conducted by the City and County indicate that it is feasible, practical, and technically proper to provide for the Lower Afton Road Trail construction: and WHEREAS, the County has prepared or will prepare the necessary designs, plans, specifications, estimates, proposals and approvals in accordance with funding requirements to take bids for this project; and WHEREAS, this project has been designated as eligible for MSA funds reimbursement as M.S.A.P.130-020-033; and WHEREAS, plans for this project provide for the construction and alignment of the Lower Afton Road Trail located in existing Public Right of Way, Battle Creek Regional County Park and Ramsey County Corrections property; and June 25, 2007, City Council Meeting 22 WHEREAS, plans for this project M.S.A.P. 130-020-033 show proposed construction, alignment, profiles, grades, and cross-sections for the improvement of the Lower Afton Trail; and WHEREAS, the project includes, in addition to other things, grading, bituminous paving, retaining walls, minor concrete curb and gutter, storm sewers and erosion control; and WHEREAS, the County will take bids for the project, prepare an abstract of bids and cost participation summary, request the City's concurrence to award a contract, award a contract and pay the contractor as identified for the project. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. Prior to County award of a contract, the County shall first receive concurrence from the City for award of the contract to the lowest responsible bidder. 2. Upon award of a construction contract the County shall perform the construction inspection. 3. Ramsey County Parks and Recreation will provide all maintenance activities on the Lower Afton Road Trail. 4. All City owned rights of way and easements within the limits of the project for roads, utilities and stormwater are hereby granted to the County for project use during construction. 5. The estimated construction cost of items is $755,000.00. The costs will be paid by a combination of Municipal State Aid Highway funds, State of Minnesota Grant, and Ramsey County Solid Waste fund. 6. The County and City shall participate in the costs of construction as follows: Maplewood -Municipal State Aid Highway funds $100,000 State of Minnesota funds -State Grant $321,000 Ramsey County Solid Waste fund $334,000 7. The City of Maplewood's participation in the amount of $100,000 will be a lump sum in an amount not to exceed. 8. Upon completion of the project, the County shall own and maintain the storm sewer catch basins, leads and culverts on its County roads and County Park and Corrections property. 9. The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. 10. The County shall pay 100% of the design and construction engineering costs associated with the project. June 25, 2007, City Council Meeting 23 11. The City and County agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses, including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this Agreement or for damages caused to fourth parties as a result of the manner in which the City or the County perform or fail to perform duties imposed on each party by the terms of this Agreement. Nothing herein shall constitute a waiver by either party of the limits or liability provided by Minnesota Statutes, Chapter 466 or other applicable law. 12. This Agreement shall remain in full force and effect until terminated by mutual agreement of the City and the County. 13. Preliminary plans reviewed at the City public hearing and final plans and specifications are hereby in all things approved. 14. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: As to the County: City of Maplewood 1830 County Road B East Maplewood, MN 55109 Ramsey County 1425 Paul Kirkwold Drive Arden Hills. MN 55112 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. CITY OF MAPLEWOOD By BY. Its THE COUNTY OF RAMSEY Chair Board of County Commissioners Chief Clerk-County Board June 25, 2007, City Council Meeting 24 Date Approved as to Form: City Attorney Seconded by Councilmember Cave. Date Approved as to Form: Assistant County Attorney Recommended for Approval: Kenneth G. Haider, P.E. Public Works Director and County Engineer Ayes -All June 25, 2007, City Council Meeting 25 4. Cottagewood Developer Reimbursement Agreement, City Project 06-10, Approve Agreement with Developer. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if any citizens wanted to speak regarding this item. No individuals came forward. Councilmember Hjelle moved to approve the Cottagewood Developer Reimbursement Agreement, City Project 06-10, Approve Agreement with Developer. CITY OF MAPLEWOOD Ramsey County, Minnesota Developer Reimbursement Agreement For Cottagewood THIS AGREEMENT, made this 25`h day of June 2007, between the City of Maplewood, a Minnesota municipal corporation, acting by and through its mayor and city manager, herein called the CITY and Lauren & Co., D, L.T.D. herein called the DEVELOPER. IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows: 1. The Cottagewood Development property has been fully assessed for all project costs associated with City Project 06-10, Cottagewood Public Improvements. As part of City Project 06-10, sanitary sewer main installation was required in Highwood Avenue from the Cottagewood Development property at 2666 Highwood Avenue to the existing sanitary sewer main at the intersection of Highwood Avenue and Century Avenue. Sanitary sewer stub connections were installed and extended to those properties on Highwood Avenue that previously had no city sewer availability, listed as: 2660 Highwood Avenue (residential), 2684 Highwood Avenue (residential), 2670 Highwood Avenue (commercial), and 2692 Highwood Avenue (residential). June 25, 2007, City Council Meeting 26 At each time a given property listed above connects to the city sewer, the CITY shall reimburse the DEVELOPER in the amount equivalent to the city's 2006 sewer cash connection charge of $2,890. It is important to note that the CITY passed a resolution on August 28`h, 2006, stating: Pertaining to City Code Section 40-96 regarding requirement of connection to city sewer within one year, a waiver is hereby given, due to special circumstances, to the following addresses: 2692, 2670, 2684, and 2660 Highwood Avenue. Connection to the city sewer will be required upon septic system failure. 2. All of the fifteen (15) building lots within the Cottagewood plat are exempt from the city's sewer cash connection fee upon connection to the private sanitary sewer main within the private street. 3. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Phillip Soby Lauren & Co., D, L.T.D. 200 Chestnut Street Stillwater. MN 55082 June 25, 2007, City Council Meeting 27 SIGNATURE: Lauren & Co., D, L.T.D BY: Phillip Soby TITLE: STATE OF MINNESOTA) SS. COUNTY OF RAMSEY) The foregoing instrument was acknowledged before me this day of 2007, by and of the OWNER Notary Public SIGNATURES CITY OF MAPLEWOOD: Diana Longrie, Mayor Greg Copeland, City Manager STATE OF MINNESOTA)SS COUNTY OF RAMSEY) The foregoing instrument was acknowledged before me this day of 2007, by Diana Longrie, Mayor of the City of Maplewood, a municipal corporation. Notary Public The foregoing instrument was acknowledged before me this day of 2007, by Greg Copeland, City Manager of the City of Maplewood, a municipal corporation. Notary Public Seconded by Councilmember Juenemann. Ayes -All June 25, 2007, City Council Meeting 28 5. Final Plat -The Woodlands of Maplewood First Addition Sophia Avenue, east of McMenemy Street. Planner Ken Roberts, presented the report. Ron Lillistrand, Integra Homes, the applicant addressed the council. There were no questions for the applicant. Mayor Longrie asked if anyone in the audience wanted to speak regarding this item. No individuals came forward. Mayor Longrie moved to approve the Final Plat for The Woodlands of Maplewood First Addition Sophia Avenue, east of McMenemy Street. Seconded by Councilmember Hjelle. Ayes- All L. NEW BUSINESS Pond Overlook Town Houses 2161 Zoning Map Change, Conditional Use Preliminary Plat, Design Approval. County Road D Permit For Planned Unit Development, a. Planner Ken Roberts, gave the report. b. Doug Andrus, Andrus Homes, 2440 Charles Street N., Ste 210, North St. Paul, Applicant, addressed the council. Mayor Longrie asked if anyone wanted to speak regarding this item. No individuals came forward. Councilmember Rossbach moved to approve the following resolution: ZONING MAP CHANGE RESOLUTION 07-06-104 WHEREAS, Doug Andrus, representing the developer and property buyer, applied for a change to the city's zoning map from F (farm residence) to R-2 (single and double dwellings). WHEREAS, this zoning map change applies to property on the north side of County Road D now known as 2161 County Road D East (PIN 35-30-22-44-0011.) WHEREAS, the legal description of the property is: The West 298 feet of the part lying Southerly of Highway 694 of SE '/ of SE '/ (subject to Road), in Section 35, Township 30, Range 22. (PIN 35-30-22-44-0011). WHEREAS, the history of this change is as follows: On May 21, 2007, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. June 25, 2007, City Council Meeting 29 2. On June 25, 2007, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described change in the zoning map for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection, and schools. The prospective owner is proposing to develop the property with double dwellings. The Maplewood City Council approved this resolution on June 25, 2007. Seconded by Councilmember Cave. Ayes -All Councilmember Rossbach moved to approve the following resolution: CONDITIONAL USE PERMIT RESOLUTION 07-06-105 WHEREAS, Mr. Doug Andrus, representing Andrus Homes, applied for a conditional use permit (CUP) for the Pond Overlook residential planned unit development (PUD). WHEREAS, this permit applies to property on the north side of County Road D now known as 2161 County Road D East (PIN 35-30-22-44-0011.) WHEREAS, the legal description of the property is: The West 298 feet of the part lying Southerly of Highway 694 of SE '/ of SE '/ (subject to Road), in Section 35, Township 30, Range 22. (PIN 35-30-22-44-0011). WHEREAS, the history of this conditional use permit is as follows: 1. On May 21, 2007, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the proposed permit. 2. On June 25, 2007, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. June 25, 2007, City Council Meeting 30 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 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. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interFerence or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the plans date-stamped April 19, 2007, and the landscape plans dated June 12, 2007 except where the city requires changes. Such changes shall include: Revising the grading and site plans to show: (1) Revised storm water pond designs as may be suggested or required by the watershed district or city engineer. The pond shall meet the city's ordinance standards. (2) The developer minimizing the loss or removal of vegetation and large trees. This shall include keeping and protecting as many of the large trees as possible along the east side of the property. (3) The street (Furness Court) must be at least 28 feet wide to allow parking on one side. The city council may approve major changes to the plans. The city planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. June 25, 2007, City Council Meeting 31 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2007, and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation/replacement, landscaping and parking plans. The cul-de-sac bulb shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer or contractor shall install afour-foot-high, black, vinyl-coated chain-link fence at the top of the retaining wall. (2) Provide for staff approval a detailed storm water management plan. 4. The design of the pond(s) shall meet Maplewood's standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off- site pond and drainage easements, if applicable. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the pond and meet all city requirements. b."Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk orfill from the site. d. Get a demolition permit from the city for the removal of the existing house from the property. This removal shall include all foundation materials, concrete and other related materials from the site. Provide the city with verification that the town houses as proposed will meet the state's noise standards. This shall be with a study, testing or other documentation. The contractor will have to build the town houses so that they can meet the noise standards. The contractor or builder may accomplish this with thicker walls, heavier windows, requiring air conditioning or other sound-deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the town houses. 6. The approved setbacks for the principal structures in the Pond Overlook PUD shall be: a. Front-yard setback (from a public street or a private driveway): minimum - 20 ft, maximum - 35 feet b. Front-yard setback (public side street): minimum - 30 feet, maximum -none c. Rear-yard setback: 20 feet from any adjacent residential property line 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. June 25, 2007, City Council Meeting 32 8. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on June 25, 2007. Seconded by Councilmember Hjelle. Ayes -All C. Councilmember Rossbach moved to approve the Pond Overlook preliminary plat (received by the city on April 19, 2007). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and public street construction and meet all city requirements. b." Place temporary orange safety fencing and signs at the grading limits. c. Provide all required and necessary easements. This shall include any off-site easements and ten-foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot. d. Have Xcel Energy install Group V rate streetlights in at least two locations. One light shall be at the intersection of County Road D and the proposed street (Furness Place) and the second near the north or east end of the street near the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. e. Pay the city for the cost oftraffic-control, street identification and no parking signs. f. Cap, seal and abandon any wells that may be on the site and remove septic systems or drainfields, subject to Minnesota rules and guidelines. g. Demolish or remove the existing house and driveway from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. 2." Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo from Michael Thompson dated May 11, 2007, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on site where the developer can save large trees. (4) The street and driveway grades as allowed by the city engineer. June 25, 2007, City Council Meeting 33 (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than fourfeet or as may be required by the city engineer. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) Emergency overflow swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one-foot deep and protected with approved permanent soil-stabilization blankets. (10) The drainage areas, and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run-off from the entire project site and shall not increase the run-off from the site. (11) As little grading as possible east of the proposed cul-de-sac and town houses. This is to keep as many of the existing trees on this part of the site as is reasonably possible. c." The tree plan shall: (1) Be approved by the city engineer or environmental manager before site grading or final plat approval. The developer and city staff will need to negotiate and agree on a final tree planting and preservation plan. This may include adding more trees to the site, increasing the size of the trees that the developer plants on the site, having the developer plant trees else where in the city or having the developer pay into acity- tree planting fund. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 '/~) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine, Black Hills spruce and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. June 25, 2007, City Council Meeting 34 (6) Group the new trees together. These planting areas shall be: (a) near the ponding area. (b) along the north and south sides of the site to help screen the development from the freeway to the north and from County Road D to the south. (c) Along the east side of the site to help provide screening of the new construction from the homes to the east. (7) Require the developer to replace any trees that die within one year of planting. The size and species of the new trees shall be subject to city staff approval. d. The street, driveway and utility plans shall show: (1) The street (Furness Place) shall be a 7-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2) Water service to each lot and unit. (3) The street with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (4) The coordination of the water service locations, alignments and sizing with the standards and requirements of the North Saint Paul utility department. Fire-flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (5) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (6) The plan and profiles of the proposed utilities. (7) Details of the ponds and the pond outlets. The contractor shall protect the outlets to prevent erosion. e. The drainage plan shall ensure that there is no increase in the rate of storm-water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify pond, inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Label the new street as Furness Place on all plans. June 25, 2007, City Council Meeting 35 5. Secure and provide all required easements for the development. These shall include any off- sitedrainage and utility easements. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, rough grading, and the tolerancing of the public road and meet all city requirements. b." Place temporary orange safety fencing and signs at the grading limits. Submit the homeowners' association bylaws and rules to the city for approval by city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, any outlots, private utilities, water services, landscaping and retaining walls. 8. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. c. A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. d. A covenant or deed restriction that prohibits any additional driveways (besides the new street shown on the project plans) from going onto County Road D. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. The city will not issue a building permit until after the developer has recorded the final plat and these documents and covenants. 9. The developer shall complete all grading for overall site drainage and shall rough grade and tolerance the site to prepare for the public street and utility improvements. The city engineer shall include in the developer's agreement all grading that the developer or contractor is to perform before the installation of Furness Place as a public improvement project. 10. Obtain a permit from the Watershed District for grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. Obtain the necessary approvals and permits from MnDOT. 13. If the developer decides to final plat part of the preliminary plat, the city staff may waive any conditions that do not apply to the final plat. Seconded by Councilmember Hjelle. Ayes -all June 25, 2007, City Council Meeting 36 Commissioner Rossbach moved to approve the plans date-stamped April 19, 2007, (site plan, grading and drainage plans and building elevations) and the landscape plans date-stamped June 12, 2007, for the Pond Overlook town houses on the new cul-de-sac on the north side of County 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, landscaping, sidewalk and driveway plans. The plans shall meet the following conditions and shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2007. (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. (d) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city and shall have a fence or some other protective barrier along the top of the wall. (e) Show the proposed street and driveway grades as allowed by the city engineer. (f) Show the drainage areas, and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run-off from the surrounding areas. (g) Show details about the required fence by the pond including the materials, gate, height and color. The contractor shall install the fence above the retaining wall. (3) The tree plan shall: (a) Be approved by the city engineer or by the city environmental manager before site grading or final plat approval. The developer and city staff will need to negotiate and agree on a final tree planting and preservation plan. This may include adding more trees to the site, increasing the size of the trees that the developer plants on the site, having the developer plant trees else where in the city or having the developer pay into acity-tree planting fund. June 25, 2007, City Council Meeting 37 (b) Include an inventory of all existing large trees on the site and shall show where the developer will remove, save or replace large trees. (c) Show the size, species and location of the replacement trees. The coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (e) Be consistent with the plan the applicant submitted to the city at the June 12, 2007, CDRB meeting that was reviewed by Virginia Gaynor and the CDRB. (4) The street, driveway and utility plans shall show: (a) A water service to each lot and unit. (b) All private driveways to the units at least 20 feet wide. (c) If the developer wants to have parking on one side of the new street, then it must be at least 28 feet wide. (d) The developer or contractor shall post one side of the street with "no parking" signs to meet the above-listed standards. (e) The new street labeled as Furness Place and County Road D labeled on all plans. (5)The design of the ponding area shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site utility, grading or drainage easements and for recording all necessary easements. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Submit a revised landscape plan to staff for approval that incorporates the following details: (1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within the ponding area. (2) The addition of trees along the north and south sides of the site. (3) The developer shall install landscaping in the ponding area that will be attractive and will promote infiltration. Such landscaping shall be approved by the city engineer or city naturalist and shall be shown on the project landscape plans. (4) Having in-ground irrigation for all landscape areas (code requirement). (5) The plantings proposed around the front of the units shown on the landscape plan date-stamped June 12, 2007, shall remain on the plan. (6) A concrete walk from the driveway to the door of each unit. June 25, 2007, City Council Meeting 38 (7) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native flowering plants and shrubs and trees. The native flowering plants, shrubs and trees shall be those needing little or no maintenance. The developer shall have the contractor seed the natural areas with an upland mixture and lowland mixtures as is appropriate. (8) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (9) The contractor shall restore the County Road D boulevard with sod. (10) Adding more evergreen trees (Black Hills spruce or Austrian pines) (where possible) along the north and south property lines of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows to provide screening for the development. (11) Shows the in-ground lawn-irrigation system, including the location of the sprinkler heads. (12) The city engineer or by the city environmental manager shall approve this plan before site grading and shall be consistent with the approved grading and landscape plans. d. Show that Ramsey County has recorded the final plat for this development. e. Get the necessary approvals and permits from the watershed district. f. Have the North Saint Paul utility department approve the proposed utility plans. g. Present to staff for approval colored building elevations and building material samples of all elevations of the town houses. These plans and elevations shall show or include (but are not limited to) that the colors of the town houses will be tones of brown, gray, ivory and beige-colored vinyl siding, any shutters, window grids, decorative lighting for the front elevations and the style and materials of deck or balcony railings. These elevations also shall show details for the enhancement of the south side elevation of Unit 1 and the rear elevations for Units 9 and 10 (that face County Road D) (including the use of shutters) and stone wainscoting on the entire front elevation per the revised sketch submitted to the city by the applicant at the June 12, 2007, CDRB meeting. City staff must approve these plans before the city will issue a building permit. h. The developer or builder will pay the city Park Availability Charges (PAC fees) for each housing unit when they get the building permit for each unit. i. Submit the homeowners' association bylaws and rules to the city for approval by the city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, the private utilities, water services, landscaping and any retaining walls. j. Obtain the necessary approvals and permits from MnDOT. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. June 25, 2007, City Council Meeting 39 3. Complete the following before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards and sod all turF areas. c. Complete all landscaping and turF irrigation for that building. d. Install the paved driveway for each unit. e. Install a reflectorized stop sign at the exit onto County Road D and addresses on each building for each unit. In addition, the applicant shall install "no parking" signs within the site, as required by staff. f. Install and maintain all required landscaping (including the plantings around each unit and around the pond) and an in-ground sprinkler system for all landscaped areas (code requirement). g. Install on-site lighting for security and visibility that follows the approved site lighting plan. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. h. Install additional trees along the north, east and south property lines of the site (where possible) where the proposed or existing vegetation would not screen the town houses from the existing roadways and dwellings to the east. These additional materials are to strive to ensure that there will be at least asix-foot-tall screen on these sides of the site. The location, design and materials of the additional landscaping shall be subject to city staff approval. i. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The city staff may approve minor changes to the project plans. Seconded by Mayor Longrie. Ayes -All June 25, 2007, City Council Meeting 40 Pond Overlook Public Improvements, City Project 07-08 a. Public Works Director, Chuck Ahl, presented the report to the council Mayor Longrie had moved to table item H. 4. Pond Overlook Public Improvements, City Project 07-08 and move it under New Business item L. 1. so the public hearing could all Pond Overlook items together into one discussion and public hearing. Mayor Longrie asked if anyone wanted to speak regarding this item. There were no individuals that came forward. Councilmember Juenemann moved to approve the Resolution Ordering the Pond Overlook Improvements at (2161 County Road D), City Project 07-08). RESOLUTION 07-06-106 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 11th day of June, 2007, fixed a date for a council hearing on the proposed improvements for the Pond Overlook Improvements (2161 County Road D), City Project 07-08. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 25th, 2007, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Pond Overlook Improvements (2161 County Road D), City Project 07-08. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of June 2007. 3. The city's consultant, SEH, is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $263,427 shall be established. The proposed financing plan is by means of a developer property assessment for all project costs. Seconded by Councilmember Cave. Ayes -All June 25, 2007, City Council Meeting 41 2. Brookview Area Street Improvements, City Project 07-01, Resolutions Approving No Parking on Brookview Drive and Sterling Street. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Hjelle moved to approve the Brookview Area Street Improvements, City Project 07-01, Resolutions Approving No Parking on Brookview Drive and Sterling Street. RESOLUTION 07-06-107 BROOKVIEW DRIVE - "NO PARKING" RESTRICTIONS WHEREAS, the City Council approved the preparation of plans and specifications for the Brookview Area Street Improvements, City Project 07-01 in May 2007, and WHEREAS, the city will be expecting Municipal State Aid funds on the improvement of Brookview Drive; and WHEREAS, segments of said improvement do not conform to the approved State Aid standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on the north side of Brookview Drive from its intersection with Sterling Street to its intersection with Century Avenue. Dated at Maplewood, Minnesota this 25`h day of June, 2007. RESOLUTION 07-06-096 STERLING STREET - "NO PARKING" RESTRICTIONS WHEREAS, the City Council approved the preparation of plans and specifications for the Brookview Area Street Improvements, City Project 07-01 in May 2007, and WHEREAS, the city will be expending Municipal State Aid funds on the improvement of Sterling Street; and WHEREAS, segments of said improvement do not conform to the approved State Aid standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on both the east and west sides of Sterling Street from its intersection with Hudson Place to its intersection with Brookview Drive. Dated at Maplewood, Minnesota, this 25`h day of June, 2007. Seconded by Councilmember Rossbach. Ayes - Councilmember's Cave, Hjelle, Juenemann. Rossbach - Mayor Longrie June 25, 2007, City Council Meeting 42 3. Brookview Area Street Improvements, City Project 07-01, O'Day Street Closure Petition. Public Works Director, Chuck Ahl, presented the report. Councilmember Hjelle moved to deny the Petition to close O'Day Street between Hudson Place and Brookview Drive for the Brookview Area Street Improvements, City Project 07-01, O'Day Street Closure Petition. Seconded by Councilmember Rossbach. Ayes - Councilmember's Cave, Hjelle, Juenemann. Rossbach - Mayor Longrie June 25, 2007, City Council Meeting 43 4. Desoto Skillman Area Street Improvements, City Project 06-16, Resolutions Approving No Parking on Desoto Street from Larpenteur Avenue to Roselawn Avenue. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if anyone in the audience wanted to speak regarding this item. Connie Piche, 1784 Desoto Street, Maplewood, addressed the council. She said she serves on a task force in the neighborhood and she went around with a petition. The people with big yards and long driveways don't care about the parking on the street. There is a group of people that have no driveway and no parking and can barely drive their own cars down their driveways. Those people with the big yards don't want to accommodate others with parking bays. They want to keep the street width at 26-feet wide to keep the speeds down. They don't want overnight parking, they just want to have a place for company to park. They weren't notified of the "no parking" rule at the original meeting; they might have gone with a wider street if they could've accommodated parking. She is fine with no parking on "one" side of the street. Cars park on the west side of the road now. Councilmember Rossbach moved to approve the Desoto Skillman Area Street Improvements, City Project 06-16, Resolutions Approving No Parking on the East Side of Desoto Street from Larpenteur Avenue to Roselawn Avenue and revoking the Municipal State Aid designation for the same segment. RESOLUTION 07-06-094 REVOKING MUNICIPAL STATE AID HIGHWAYS WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter described as municipal state aid streets be removed from consideration as municipal state aid streets under the provisions of Minnesota law, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood, that the roads described as follows, to wit: MSAS 128-015 Desoto Street - 500 feet north of Larpenteur to Roselawn Avenue be, and hereby are revoked as municipal state aid streets of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that said city clerk is hereby authorized and directed to forward two certified copies of this resolution to the commissioner of transportation for consideration. Dated at Maplewood Minnesota, this 25`h day of June 2007 Karen Guilfoile, City Clerk Seconded by Councilmember Cave. Ayes -All June 25, 2007, City Council Meeting 44 RESOLUTION 07-06-109 DESOTO STREET - "NO PARKING" RESTRICTIONS WHEREAS, the City Council approved the preparation of plans and specifications for the Desoto Skillman Area Street Improvements, City Project 06-16, in March 2007, NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on the east side of Desoto Street from its intersection with LarpenteurAvenue to its intersection with Roselawn Avenue. Dated at Maplewood, Minnesota this 25`h day of June, 2007 Seconded by Councilmember Cave. Ayes -All June 25, 2007, City Council Meeting 45 O. ADJOURNMENT Councilmember Rossbach moved to adjourn the city council meeting at 12:02 A.M. due to the late hour of the meeting. Seconded by Mayor Longrie. Ayes -All Councilmember Juenemann said she would like to see the Conservation to Protect Open Spaces Status Report moved to Unfinished Business at the next City Council meeting rather than as an Administrative Presentation. (Items M.1. through M4. and N.1. were fabled until the next city council meeting due fo the late hour of the meeting.) M. COUNCIL PRESENTATIONS Councilmember Erik Hjelle Councilmember Rossbach's critique of the City Manager's Review New Dispatch Center Special Olympics Ramsey County League of Local Governments N. ADMINISTRATIVE PRESENTATIONS Conservation Easements to Protect Open Spaces Status Report June 25, 2007, City Council Meeting 46