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HomeMy WebLinkAbout07-09-2007 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, July 9, 2007 Council Chambers, City Hall Meeting No. 07-12 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Rebecca Cave, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember Present Present Present Present Present D. APPROVAL OF AGENDA G1. Planning Commission Appointments M5. Johnson Controls M6. Sletten & Azure Property Letters Received M7. League of Minnesota Cities Conference Update MS. MPCA Violations Update M9. Impaired Lakes M10. Environment Utility Fund Councilmember Cave moved to approve the aqenda as amended. Seconded by Councilmember Rossbach. Ayes - All E. APPROVAL OF MINUTES 1. Minutes from the June 25, 2007, 5 p.m. Council/Manager Workshop. Councilmember Juenemann moved to approve the minutes of June 25.2007.5 p.m. Council/Manaqer Workshop Minutes as submitted. Seconded by Councilmember Cave. Ayes - All 2. Minutes from the June 25, 2007, 7:00 p.m. City Council Meeting. Councilmember Cave moved to approve the minutes of June 25. 2007. Citv Council Minutes as submitted. Seconded by Mayor Longrie. Ayes- All July 9, 2007, City Council Meeting 1 F. VISITOR PRESENTATIONS 1. Bill Kayser, 6408 - 81" Avenue North, Brooklyn Park, addressed the council about Resolutions that were recently passed by the city council. 2. Nancy Lazaryan, 10734 West Lake Road, Rice, addressed the council. Ms. Lazaryan spoke regarding Resolutions that were recently passed by the city council. She also stressed to the city council that the city should have legal counsel that knows the constitutional law and the city should apply local law to the local government. 3. Joe Fox, 1821 Myrtle Street, Maplewood, addressed the council. He invited everyone to attend the 94'h Ramsey County Fair starting Wednesday, July 11, through Sunday, July 15,2007. 4. Dave Schilling, 1955 Greenbrier Street, addressed the council. He asked if Ramsey County or Maplewood own Roselawn Avenue between Edgerton Street and Highway 61 because of the poor condition of the road. (Public Works Director, Chuck Ahl, explained the road jurisdiction rules). G. APPOINTMENTS/PRESENTATIONS 1. Appointment of Planning Commission Members a. Robert Martin b. Joseph Boeser Mayor Longrie moved to appoint Robert Martin and Joseph Boeser to the Planning Commission. Seconded by Councilmember Cave. Ayes - All H. PUBLIC HEARINGS 1. Crestview Forest Improvements - Deer Ridge Lane, City Project 06-21 a. Public Hearing 7:15 p.m. b. Resolution Ordering Improvement After Public Hearing a. Public Works Director, Chuck Ahl presented the report. Mayor Longrie opened the public hearing and the following individuals spoke: (a) Ron Cockriel, 943 Century Avenue, Maplewood. (b) George Gonzales, 2359 Heights Avenue, Maplewood. (c) William Trouts, 580 Deer Ridge Lane, Maplewood. (d) Mary Joyce, 502 Deer Ridge Lane, Maplewood. (e) Bob & Velda Buzicky, 596 Deer Ridge Lane, Maplewood, were present but didn't care to speak. (f) Donald Eackhoff, 594 Deer Ridge Lane, Maplewood, was present but didn't care to speak. July 9, 2007, City Council Meeting 2 Mayor Longrie closed the public hearing. Councilmember Cave moved to approve the Resolution Orderinq Improvement After the Public Hearinq. RESOLUTION 07-07-110 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 25th day of June, 2007, fixed a date for council hearing on the proposed improvements for the Crestview Forest Improvements (Deer Ridge Lane). City Project 06-21. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on July 9th, 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 Crestview Forest Improvements (Deer Ridge Lane), City Project 06-21. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 9th day of July 2007. 3. The city engineer 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 $24,954 shall be established. The proposed financing plan is by means of property assessment to the improved properties on Deer Ridge Lane for all project costs. Seconded by Council member Hjelle. Ayes- All Mayor Longrie said she voted Aye based upon the assumptions presented to the council that this road is 26-feet wide with an 8-inch thick bituminous pavement and a pavement rating of 70. It's also expected that this road will not need to be resurfaced for another 20 years. 2. Proposal for Issuance of Multifamily Rental Housing Revenue Bonds (The Village of Woodlyn Project.) a. Finance and Administration Manager, Bob Mittet, presented the report. a. Mary Ippel, Briggs & Morgan, 2200 First National Bank Building, St. Paul, addressed the council. Mayor Longrie opened the public hearing. No individuals came forward. No action was needed for this item. July 9, 2007, City Council Meeting 3 I. CONSENT AGENDA Councilmember Juenemann moved to adopt consent aqenda items 1-7. Seconded by Council member Hjelle. Ayes- All 1. Approval of Claims. Councilmember Juenemann moved approval of Claims. ACCOUNTS PAYABLE: $ 357,163.24 Checks #72934 thru #72988 Dated 06/18/07 thru 06/26/07 $ 223,071.41 Disbursements via debits to checking account Dated 06/15/07 thru 06/28/07 $ 556,633.02 Checks #72989 thru #73051 Dated 06/27/07 thru 07/03/07 $ 168,183.09 Disbursements via debits to checking account Dated 06/21/07 thru 06/28/07 $ 1,305,050.76 Total Accounts Payable PAYROLL $ 458,941.57 Payroll Checks and Direct Deposits dated 06/29/07 $ 563.16 Payroll Deduction check #1002465 thru #1002466 Dated 06/29/07 $ 459,504.73 Total Payroll $ 1.764.555.49 GRAND TOTAL Seconded by Council member Hjelle. Ayes - All 2. Authorization to enter into 4-year lease with Metro Sales, Inc. for new copier. Councilmember Juenemann moved authorization into 4-vear lease with Metro Sales. Inc. for new copier for Citv Hall. Seconded by Council member Hjelle. Ayes - All 3. Authorization to Pay Invoice for Ford Expedition Conversion. Councilmember Juenemann moved to Authorize to Pav Invoice for Ford Expedition Conversion. Seconded by Council member Hjelle. Ayes - All July 9, 2007, City Council Meeting 4 4. Desoto-Skillman Area Street Reconstruction, City Project 06-16, Approve Resolution Revoking State Aid Designation from Desoto Street from Larpenteur to Roselawn. Councilmember Juenemann moved to approve the Desoto Skillman Area Street Reconstruction. Citv Proiect 06-16. Approvinq the Resolution Revokinq State Aid Desiqnation from Desoto Street from Larpenteur to Roselawn. RESOLUTION 07-06-094 REVOKING MUNICIPAL STATE AID HIGHWAYS (Original Resolution Approved June 25, 2007, Amended July 9, 2007) 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 138-128-010 Desoto Street from Larpenteur to 500 feet north MSAS 138-128-015 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 9th day of July 2007. Seconded by Council member Hjelle. Ayes - All July 9, 2007, City Council Meeting 5 5. Approval of Policies for Award of Charitable Gambling Tax Funds. Councilmember Juenemann moved Approval of Policies for Award of Charitable Gamblinq Tax Funds. Seconded by Council member Hjelle. Ayes - All 6. Annual Lawful Gambling Resolution for Hill Murray Father's Club and Champps. Councilmember Juenemann moved to approve the Annual Lawful Gamblinq Resolution for Hill Murrav Father's Club and Champps. LAWFUL GAMBLING RESOLUTION 07-07-111 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Hill Murray Father's Club to operate at Champps Restaurant, 1734 Adolphus, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute 9349.213. 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 9349.213. 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 Council member Hjelle. Ayes - All July 9, 2007, City Council Meeting 6 7. Food Sales Fee Waiver - Ramsey County Voiture 838 American Legion. Councilmember Juenemann moved to approve the Food Sales Fee Waiver - Ramsev Countv Voiture 838 American Leqion. Seconded by Council member Hjelle. Ayes - All J. AWARD OF BIDS 1. Remodel Kitchen at Station One and Remodel Kitchen and Meeting Area at Station Three a. Fire Chief, Steve Lukin, presented the report. b. Mayor Longrie confirmed that the recommended bid was from a union shop pursuant to city ordinances. Councilmember Juenemann moved to approve the bid bv The Remodeler Shop for $19.450 to Remodel the Kitchen at Fire Station One and Remodel the Kitchen and Meetinq Area at Station Three. Seconded by Councilmember Hjelle. Ayes- All July 9, 2007, City Council Meeting 7 K. UNFINISHED BUSINESS 1. Brookview Area Street Improvements, City Project 07 -01, Resolution Adopting Revised Assessment Roll. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if anyone wanted to speak regarding this item and no individuals came forward. Councilmember Juenemann moved to approve the Brookview Area Street Improvements. Citv Proiect 07-01. Resolution Adoptinq Revised Assessment Roll. RESOLUTION 07-07-112 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on June 25th, 2007, 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, five (5) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 01.28.22.12.0039 - Vang Kong; 222 Sterling Street N Mr. Kong objects to the assessment based upon financial hardship. 2. Parcel 01.28.22.12.0042 - Johnny Jones; 200 Sterling Street N Mr. Jones objects to the assessment based upon disability causing financial hardship. Mr. Jones is requesting a cancellation of his assessment 3. Parcel 01.28.22.21.0033 - Walter Croll; 165 Crestview Drive N Mr. Croll is requesting a deferral of his assessment based upon disability causing financial hardship 4. Parcel 01.28.22.21.0029 - James Gunderson; 131 Crestview Drive Mr. Gunderson is requesting a deferral of his assessment. Mr. Gunderson does not think Crestview Drive is in need of reconstruction. 5. Parcel 01.28.22.12.0048 - Richard Johnson; 207 O'Day Street Mr. Johnson requests a senior citizen deferment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Brookview Area Street Improvement, Project 07-01 : July 9, 2007, City Council Meeting 8 1. Parcel 01.28.22.12.0039 - Vang Kong; 222 Sterling Street N Mr. Kong objects to the assessment based upon financial hardship. Grant deferral upon approval of necessary paperwork. 2. Parcel 01.28.22.12.0042 - Johnny Jones; 200 Sterling Street N Mr. Jones objects to the assessment based upon disability causing financial hardship. Mr. Jones is requesting a cancellation of his assessment. Deny cancellation of assessment as benefit is received and grant a deferral upon approval of necessary paperwork. 3. Parcel 01.28.22.21.0033 - Walter Croll; 165 Crestview Drive N Mr. Croll is requesting a deferral of his assessment based upon disability causing financial hardship. Grant deferral upon approval of necessary paperwork. 4. Parcel 01.28.22.21.0029 - James Gunderson; 131 Crestview Drive Mr. Gunderson is requesting a deferral of his assessment. Mr. Gunderson does not think Crestview Drive is in need of reconstruction. Deny deferral of assessment. Crestview Drive is in poor condition. The pavement condition index of 39 warrants reconstruction. Mr. Gunderson is granted a financial hardship deferral upon approval of necessary paperwork. 5. Parcel 01.28.22.12.0048 - Richard Johnson; 207 O'Day Street Mr. Johnson requests a senior citizen deferment. Grant deferral upon approval of necessary paperwork. B. The assessment roll for the Brookview Area Street Improvements, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. 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. C. 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. D. 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 office of the city engineer, 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. July 9, 2007, City Council Meeting 9 E. The city engineer and city clerk shall forthwith after October 1,2007, but no later than November 15th, 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 9th day of July 2007. Seconded by Councilmember Rossbach. Ayes- All July 9, 2007, City Council Meeting 10 2. Rainbow/Maple Ridge Driveway Improvement, City Project 07-03, Resolution Ordering Work to be done by Day Labor. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if anyone wanted to speak regarding this item and no individuals came forward. Councilmember Juenemann moved to approve the Rainbow/Maple Ridqe Drivewav Improvement. Citv Proiect 07-03. Resolution Orderinq Work to be done bv Dav Labor. RESOLUTION 07-07-113 ORDER WORK TO BE DONE BY DAY LABOR WHEREAS, pursuant to resolution passed by the city council on May 14th, 2007, the city engineer has prepared plans and specifications for the Rainbow/Maple Ridge Driveway Improvements, City Project 07-03, which have been presented to the council for approval, AND WHEREAS, the estimated cost of such improvement does not exceed $25,000, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. The city engineer shall proceed under the direction of the council, as given from time to time, to carry on all work in connection with such improvement in accordance with the plans and specifications herein approved. Seconded by Councilmember Rossbach. Ayes - All July 9, 2007, City Council Meeting 11 3. Status Report on Actions to Develop a Policy Proposal for Protection of Maplewood's Open Spaces through the use of Conservation Easements. a. City Manager, Greg Copeland, presented the report. This item has been moved from Administrative Presentations on the June 25, 2007, city council meeting Agenda to Unfinished Business at the July 9th city council meeting at the request of Councilmember Juenemann. Councilmember Rossbach said the city council had a workshop to discuss this topic. The city council cannot vote on items at a workshop. Mayor Longrie said that would have to be brought up at a future city council meeting. The city council has not taken the appropriate steps, made a motion, or voted to approve this before moving forward. Councilmember Rossbach recommended the citv staff shall not move forward with this item until the citv council has had a workshop that identifies the problem the council is trvina to solve and identifies various alternatives the council mav consider to accomplish that and looks at what the current ordinances and options are to improve that. Seconded by Councilmember Juenemann. Ayes - Juenemann, Rossbach Navs - Mayor Longrie, Councilmember's Cave, Hjelle The motion failed. City Attorney, Alan Kantrud, stated in 2001 the legislation amended ordinance 462 which the Attorney General stated: To reduce the necessarv votina maioritv for adoption or amendment of most municipal zonina ordinances from a super maioritv to a simple maioritv of members of the aovernina bodv. Mr. Kantrud said that was an interpretation from the City of Moorhead. He said he would be happy to forward a copy of this to the city councilmembers. City Manager Copeland said the city will continue to proceed forward with this as outlined in the report. Further questions can be addressed to the City Attorney or to Sarah Strommen, from the Minnesota Land Trust. Staff will get the historical perspective as recommended by Councilmember Juenemann. The city staff hopes to have this information ready for the council by September 10, 2007. Councilmember Hjelle recommended having a two hour workshop regarding this item to discuss and work through the issues prior to the September 10, 2007 date mentioned by Mr. Copeland. Mayor Longrie agreed that would be a good idea and said the public should be included in this and recommended that maybe the council could open the meeting up to the public for a y" hour or so for the public to make comments. The City Manager said that he would schedule this matterfor an upcoming work session. July 9, 2007, City Council Meeting 12 4. Mississippi Street Park Petition, City Project 06-16, Authorization to Negotiate Change Order for Vacant Lot Grading. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Hjelle moved to table the Mississippi Street Park Petition. until this item has been heard bv the Parks Commission and then this item would be brouqht back to the council for fu rther action. Seconded by Councilmember Juenemann. Ayes - Mayor Longrie, Councilmember's, Hjelle, Juenemann, Rossbach Nav - Councilmember Cave City Manager, Greg Copeland said city staff would put this item on the agenda for the next Parks Commission meeting on July 18, 2007. L. NEW BUSINESS 1. Lot Division Proposal Carye - 2291 Hazelwood Street. a. Lot Area Variance, Lot Width Variance, Rear Yard Setback Variance. a. Planner Ken Roberts presented the report. b. Linda Carye, the applicant at 2291 Hazelwood Street, Maplewood, answered questions from the city council. Councilmember Rossbach moved to adopt the variance resolution. This resolution approves three variances associated with the creation of the new lot for a sinqle dwellinq west of the house at 2291 Hazelwood Street. These include havinq a lot area of 9.500 square feet (500 square foot lot area variance). a lot width of 99.01 feet for a corner lot e99-foot lot width variance). and a 12.16-foot rear vard setback variance for the existinq house to the new lot line (7.64-foot rear vard setback variance). The citv is basinq this approval on the fact that the lot area and lot width variance are in keepinq with the surroundinq properties and the abilitv of the applicant to prove a specific hardship for the rear vard setback variance that meets state law requirements includinq: a. The problem requiring the rear yard setback variance in this circumstance is a problem that the current owner did not cause (i.e., location of the existing house). b. The variance will only be required for the 20-foot-width of the existing house, causing minimal impacts to the adjacent property. c. The variances and the creation of a new lot and construction of a single family house in this location will not change the character of the area as surrounding properties are all single family houses with similar lot sizes. Approval of these variances is subject to the following conditions: a. Prior to the issuance of a grading or building permit for the existing house at 2291 Hazelwood Street the applicant must submit the following: July 9, 2007, City Council Meeting 13 1) Submit a cash escrow or letter of credit to cover 150 percent of residing the existing house within six months of the date of approval. 2) Sign a right-of-entry agreement allowing the city to enter the property at 2291 Hazelwood Street to complete siding of the house within six months of the date of approval if the work is not complete, if necessary. 3) Sign a maintenance agreement promising to maintain the property per city code requirements throughout construction of the addition. 4) Removal of the temporary chain link fence. 5) Removal of the 6-foot-high wood privacy fence or alteration of the fence to ensure that the side of the fence facing the neighbors is finished, with no structural supports showing. 6) A site plan or survey showing the location of the existing house and addition. The addition must maintain at least a 19-foot rear yard setback from the new property line. VARIANCE RESOLUTION 07-07-114 WHEREAS, Robert and Linda Carye applied to the city for approval of three variances from the zoning ordinance. WHEREAS, the variances apply to the proposed single dwelling lot west of the house at 2291 Hazelwood Street. The legal description of the single dwelling lot is Lot 5, Block 1, Bossard Addition. WHEREAS, Section 44-106 of the Maplewood Code of Ordinances requires that lots for single dwellings have a minimum lot area of 10,000 square feet and a lot width of 100 feet for a corner lot. WHEREAS, Section 44-109 of the Maplewood Code of Ordinances requires a rear yard setback of at least 20 percent of the lot depth. WHEREAS, the applicant is proposing a 9,500 square foot lot (new lot on Cope Avenue) and a 99.01 wide lot (comer lot). This requires a 500 square foot lot area variance and a .99 (less than 1 foot) lot width variance. WHEREAS, the applicant is proposing a 12.16-foot rear yard setback from the existing house to the new lot line, requiring a 7.64-foot rear yard setback variance. WHEREAS, the history of these variances is as follows: 1. On June 19, 2007, the planning commission held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission recommended that the city council approval of the variances. July 9, 2007, City Council Meeting 14 2. The City Council held a public meeting about this request on July 9,2007. The city council considered reports and recommendations from the city staff and planning commission. The city council adopted the variances. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described variances for the following reasons: 1. The problem requiring the rear yard setback variance in this circumstance is a problem that the current owner did not cause (i.e., location of the existing house). 2. The variance will only be required for the 20-foot-width of the existing house, causing minimal impacts to the adjacent property. 3. The variances and the creation of a new lot and construction of a single family house in this location will not change the character of the area as surrounding properties are all single family houses with similar lot sizes. Approval of these variances is subject to the following conditions: 1. Prior to the issuance of a grading or building permit for the existing house at 2291 Hazelwood the applicant must submit the following: a. Submit a cash escrow or letter of credit to cover 150 percent of residing the existing house within six months of the date of approval. b. Sign a right-of-entry agreement allowing the city to enter the property at 2291 Hazelwood Street to complete siding of the house within six months of the date of approval if the work is not complete, if necessary. c. Sign a maintenance agreement promising to maintain the property per city code requirements throughout construction of the addition. d. Removal of the temporary chain link fence. e. Removal of the 6-foot-high wood privacy fence or alteration of the fence to ensure that the side of the fence facing the neighbors is finished, with no structural supports showing. f. A site plan or survey showing the location of the existing house and addition. The addition must maintain at least a 19-foot rear yard setback from the new property line. The Maplewood City Council adopted this resolution on July 9, 2007. Seconded by Councilmember Cave. Ayes - All July 9,2007, City Council Meeting 15 Councilmember Rossbach moved to approve the lot split site plan date stamped Mav 15. 2007. for a lot division request to subdivide the 21.780-square-foot sinqle familv lot located at 2291 Hazelwood Street into two sinqle familv lots. Lot division approval is based on code requirements (Section 34-14 -lot divisions) and is subiect to the followinq: a. Submit a survey to staff for approval which shows the following: 1) Legal descriptions of both lots. 2) Location and setbacks of existing house on the corner lot. b. A cash connection fee for the new lot's share of sewer and water extension along Cope Avenue as follows: $2,970 - sewer and $2,970 - water ($5,940 total). c. Submit a cash escrow or letter of credit to cover 150 percent of residing the existing house within six months of the date of approval. d. If the new lot (adjacent Cope Avenue) is to be sold or deeded to another party, deeds describing the two new legal descriptions for both lots. e. Once the above-mentioned conditions are met, the city will stamp the surveyor deeds. These must be recorded with Ramsey County within one year of the date of the lot division approval or the lot split will become null and void (city code requirement). f. Prior to issuance of a grading or building permit for the new house on the new lot (adjacent Cope Avenue), the following must be submitted to staff for approval: 1) Proof that Ramsey County has recorded the lot division. 2) A signed certificate of survey showing the location of all property lines and the location of the new house with at least a 10-foot setback from the house, garage, and deck to both side property lines. 3) Submittal of a screening plan ensuring screening from any proposed deck on the new house to the existing house to the west at 1515 Cope Avenue. Seconded by Councilmember Juenemann. Ayes - All July 9,2007, City Council Meeting 16 2. Conditional Use Permit Revision - Keller Lake Convenience Store, 2228 Maplewood Drive. Councilmember Rossbach moved to table the Conditional Use Permit Revision - Keller Lake Convenience Store. 2228 Maplewood Drive. because the adiacent propertv owners were unable to attend the citv council meetinq. This item will be added to the aqenda for the Julv 23.2007. citv council meetinq when the applicant and the neiqhbors should be present. Seconded by Councilmember Juenemann. Ayes - All July 9,2007, City Council Meeting 17 3. Carver Avenue Water Main Extension - City Project 07 -17, Resolution Receiving of Resident Petition and Ordering Preparation of Preliminary Report. a. Public Works Director, Chuck Ahl presented the report. Mayor Longrie moved to approve the Carver Avenue Water Main Extension - Citv Proiect 07-17. Resolution Receivinq of Resident Petition and Orderinq Preparation of Preliminarv Report. With the addition of the followinq wordinq to be inserted in the 4th paraqraph. first line. after the word studv. to include the scope of work as outlined in the staff report RESOLUTION 07-07-115 RECEIVING PROPERTY OWNER REQUEST ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, Mr. Paul Schlomka of 2511 Carver Avenue has requested consideration of the extension of water service to serve his property by a formal request through his attomey, and WHEREAS, it is proposed to make water service improvements to Carver Avenue at Sterling Street, City Project 07-17, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study. An additional scope of work that will be included within the study, will be: given that the reason cited for this utility extension request is a MN Dept. of Health, Well Division, action regarding Mr. Schlomka's well; we will request the Department of Health's orders, test results and lor correspondence driving this request. It is recommended that the City attempt to determine if there are other wells in this area similarly affected or that are being monitored by the Department Of Health. The city engineer is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, the preparation of this study is contingent upon Mr. Schlomka establishing a $5,000 cash escrow to assure the payment of costs for the preparation of the preliminary report. Said escrow shall be retumed to Mr. Schlomka if the proposed improvements are ordered to construction. Seconded by Councilmember Cave. Ayes - All July 9, 2007, City Council Meeting 18 4. Ferndale/Geranium Street Improvements, City Project 07-14, Resolution Accepting Feasibility Study, Ordering Preparation of Plans and Specifications, and Calling for Public Hearing. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Cave moved to approve the Ferndale/Geranium Street Improvements. Citv Proiect 07-14. Resolution Acceptinq Feasibilitv Studv. Orderinq Preparation of Plans and Specifications. and Callinq for Public Hearinq. RESOLUTION 07-07-116 ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted June 11th, 2007, a report has been prepared by the city engineering division with reference to the improvement of Ferndale- Geranium Area Streets, City Project 07-14, and this report was received by the council on July 9th,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 such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,638,400. 2. The city's consultant, SEH Inc., is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A project budget of $1 ,638,400 shall be established. The proposed financing plan is as follows: Financing Source Street Assessments Storm Sewer Assessments Water main Assessments Sanitary Sewer Utility Fund Environmental Utility Fund (EUF) WAC Funds SPRWS Driveway Replacement Program MSA Bonds G. O. Improvement Fund Total Proposed Amount $ 431,100 $ 13,940 $ 69,700 $ 62,800 $ 288,000 $ 60,000 $ 25,460 $ 255,600 $ 431.800 $ 1 ,638,400 July 9, 2007, City Council Meeting 19 4. A public hearing shall be held on such proposed improvement on the 23'd day of July, 2007 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Juenemann. Ayes - Councilmember's Cave, Hjelle, Juenemann, Rossbach Nav - Mayor Longrie Mavor Lonqrie voted Nav because of the financial concern of the debt load and how much it means to service that debt and the citv has to look at how that will impact the other services that the citv does. July 9, 2007, City Council Meeting 20 5. Lark/Prosperity Street Improvements, City Project 07-15, Resolution Accepting Feasibility Study and Ordering Preparation of Plans and Specifications, and Calling for Public Hearing. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Cave moved to approve the LarklProsperitv Street Improvements. Citv Proiect 07-15. Resolution Acceptinq Feasibilitv Studv and Orderinq Preparation of Plans and Specifications. and Callinq for Public Hearinq. RESOLUTION 07-07-117 ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted June 11th, 2007, a report has been prepared by the city engineering division with reference to the improvement of Lark/Prosperity Area Streets, City Project 07-15, and this report was received by the council on July 9th, 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 such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $2,796,910. 2. The city's consultant, Kimley Horn and Associates, is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A project budget of $2,796,910 shall be established. The proposed financing plan is as follows: Proposed Financing Source Street Assessments Storm Sewer Assessments Sanitary Sewer Utility Fund Environmental Utility Fund (EUF) WAC Funds SPRWS Fund Driveway Replacement Program G. O. Improvement Fund Total Amount $ 721,260 $ 71,650 $ 112,800 $ 403,000 $ 61,500 $ 84,600 $ 30,000 $1.312.100 $ 2,796,910 July 9, 2007, City Council Meeting 21 4. A public hearing shall be held on such proposed improvement on the 23'd day of July, 2007 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Juenemann. Ayes - Councilmember's Cave, Hjelle, Juenemann, Rossbach Nav - Mayor Longrie Mavor Lonqrie voted Nav because of the financial concern of the debt load and how much it means to service that debt and the citv has to look at how that will impact the other services that the citv does. Mavor Lonqrie added that both of these road proiects are usinq a larqe amount of funds in the Environmental Utilitv Fund (EUF) and she thinks that is important to understand if this is the wav the citv should be usinq the Environmental Utilitv Fund (EUF). July 9, 2007, City Council Meeting 22 6. Mailand/McKnight Approval of Cost Share Agreement a. Public Works Director, Chuck Ahl, presented the report. Councilmember Juenemann moved to approve the Mailand/McKniqht Approval of Cost Share Aqreement. Seconded by Council member Hjelle. Ayes - All CITY OF ST. PAUL, CITY OF MAPLEWOOD, RAMSEY COUNTY AND RAMSEY-WASHINGTON METRO WATERSHED DISTRICT COST -SHARING AGREEMENT THIS AGREEMENT made and entered into this 9th day of July, 2007, by and between the City of St. Paul, a municipal corporation (hereinafter called "St. Paul"), the City of Maplewood, a municipal corporation (hereinafter called "Maplewood"), Ramsey County, (hereinafter called "County") and the Ramsey-Washington Metro Watershed District, a municipal corporation (hereinafter called "District"). WITNESSES: 1. Purpose. In consideration of the mutual benefit given to all parties, the parties hereby seek to share the costs of the implementation of needed improvements in the McKnightlMailand project involving the modification of the storm water drainage system and channel improvements northwest of the Intersection of McKnight and Mailand Roads. It is understood and agreed that the parties have received adequate consideration by the mutual benefits given to each party by virtue of the cost sharing arrangement. 2. Responsibilities of the Parties. A. Citv of St. Paul. The City of St. Paul shall pay for 33.3% of the cost of the channel stabilization. This is estimated to cost approximately $8,800.00. Furthermore, St. Paul shall provide maintenance of the channel with cost sharing from the District paying 66.6% of the maintenance costs and St. Paul paying 33.3% of the maintenance costs. B. Citv of Maplewood. The City of Maplewood shall construct the retention pond on the Northeast corner of McKnight and Mailand Roads which shall be completed in the year 2007. The City of Maplewood shall pay for 66.6% of the costs of the channel stabilization (approximately $17,600.00), and 50% of the cost of the energy dissipater (approximately $3,500). C. Ramsev Countv. Ramsey County shall be responsible for the replacement of storm sewer pipe from McKnight Road catch basin to the energy dissipater and 50% of construction cost of the energy dissipater at the pipe outlet (approximately $3,500). D. Ramsev-Washinqton Metro Watershed District. The District shall prepare feasibility studies and facilitate discussion of project responsibility and cost sharing issues and determinations. July 9, 2007, City Council Meeting 23 The District shall cost share with the City of St. Paul in future project maintenance as outlined above for 66.6% of the maintenance costs with the City of St. Paul being responsible for 33.3% of the maintenance costs. Furthermore, the District shall be responsible for coordinating the contracts for the channel stabilization project; the District shall pay the contractor and shall be responsible for administering and addressing any warranty issues. Furthermore, the District shall invoice Ramsey County, the City of St. Paul and the City of Maplewood for their portion of the construction costs. 3. Riqht of Access. Landowners have provided Easements to the City of St. Paul to grant access to the property to construct the project. The other named parties herein, to the extent necessary, shall act as agents to the City of St. Paul when seeking to enter on to the property to construct or otherwise maintain the easements as outlined herein. 4. Bindinq Effect. The terms and provisions of this Agreement shall be binding on and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding on all future owners of all or any part of the property and shall be deemed covenants running with the land. References herein to Landowner, if there be more than one, shall mean all of them. Each party hereby agrees to hold the other party harmless from any and all liability arising from the actions of the other and shall indemnify any other party for any costs incurred by another party as a result of another party's actions. 5. 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 a change of such address has been given: As to the City of St. Paul: City of St. Paul 15 West Kellogg Boulevard Saint Paul, MN 55102 As to the City of Maplewood: City of Maplewood 1830 County Road BEast Maplewood, MN 55109 As to Ramsey County: Ramsey County 15 West Kellogg Boulevard Saint Paul, MN 55102 As to the District: Ramsey-Washington Metro Watershed District 2665 Noel Drive Little Canada, MN 55117 IN WITNESS WHEREOF, the City of St. Paul, City of Maplewood, Ramsey County and the District have caused this Agreement to be duly executed on the day and year first above written. July 9, 2007, City Council Meeting 24 CITY OF ST. PAUL By Its and By Its STATE OF MINNESOTA ) )SS ) COUNTY OF day of and , the and of the City of Saint Paul, a municipal corporation under the laws of the State of Minnesota, on behalf of said municipal corporation. The foregoing instrument was acknowledged before me this , by Notary Public CITY OF MAPLEWOOD By Its and By Its STATE OF MINNESOTA ) )SS ) COUNTY OF The foregoing instrument was acknowledged before me this ,~ a~ day of , the and of the City of Maplewood, a municipal corporation under the laws of the State of Minnesota, on behalf of said municipal corporation. Notary Public July 9, 2007, City Council Meeting 25 RAMSEY COUNTY By Its and By Its STATE OF MINNESOTA ) )SS ) COUNTY OF The foregoing instrument was acknowledged before me this ,~ a~ day of , the and of Ramsey County on behalf of said Ramsey County. Notary Public RAMSEY-WASHINGTON METRO WATERSHED DISTRICT By Its and By Its STATE OF MINNESOTA ) )SS ) COUNTY OF The foregoing instrument was acknowledged before me this ,~ a~ day of , the and of the Ramsey-Washington Metro Watershed District, a municipal corporation under the laws of the State of Minnesota, on behalf of said municipal corporation. Notary Public July 9, 2007, City Council Meeting 26 DRAFTED BY: LAWSON, MARSHALL, McDONALD, GALOWITZ & WOLLE, PA Lawyers 10390 39th Street North Lake Elmo, MN 55042 Telephone: (651) 777-6960 (TAG) July 9, 2007, City Council Meeting 27 7. Discussion of Green Overlay District a. Councilmember Will Rossbach, opened up a discussion with the city council regarding the interest and need to study a Green Overlay District. Councilmember Rossbach moved to recommend that the citv council direct the Citv Manaqer to work with citv staff to investiqate the possibilities and best approaches to look at incorporatinq the Green Overlav District in the development and buildinq process and the resources to do this. Seconded by Councilmember Juenemann. Ayes - All M. COUNCIL PRESENTATIONS 1. Council member Erik Hjelle a. Councilmember Rossbach's critique of the City Manager's Review a. Councilmember Hjelle discussed the Review of the City Manager and Councilmember Rossbach's critique of Greg Copeland. He also mentioned that he had received phone calls from Maplewood residents regarding Councilmember's review of Mr. Copeland. 2. New Ramsey County Dispatch Center a. Councilmember Hjelle spoke about the New Ramsey County Dispatch Center and the operations of the center. Councilmember Hjelle commended the Police Chief, Fire Chief and Council member Juenemann for the hard work that went into the New Dispatch Center. 3. Special Olympics a. Councilmember Juenemann spoke about the Police and Fire personnel that have helped to raise money for Special Olympics and the Torch Run. There would also be a golf tournament in September to help raise money for the Special Olympics. Councilmember Juenemann wanted to thank everyone for their participation. 4. Ramsey County League of Local Governments a. Councilmember Rossbach spoke regarding the Ramsey County League of Local Govemments. The meeting was held in June in North St. Paul and there were 3 different legislative updates. The Ramsey County League of Local Government has compiled a directory that lists the elected officials in every city in Ramsey County. 5. Johnson Controls a. Councilmember Cave spoke regarding Johnson Controls. She stated Johnson Controls would like to come to the City of Maplewood to make a presentation regarding Green construction and she will provide information to the council. July 9, 2007, City Council Meeting 28 6. Sletten & Azure Property Letters Received a. Councilmember Rossbach was following up on the letters the council had received from Elizabeth Sletten and Azure Properties. Mr. Copeland said he spoke to Mr. Schreier, the owner of Azure Properties regarding these issues and told him the City Attomey Kantrud is working on these issues and would be responding to Mr. Schreier's attorney. He also said the city is going to consult with an arborist regarding the wetlands and the trees and will respond to the concerns expressed in Elizabeth Sletten's letter. Environmentalist, Dewey Konewko is also working on these issues with the City Attorney. 7. League of Minnesota Cities Conference Update a. Mayor Longrie updated the council on the League of Minnesota Cities Conference she attended in Duluth which coincidently tied into the discussion tonight regarding Green construction. She also went to a seminar held by the MPCA. The MPCA representatives said they were looking for five model cities regarding storm water runoff that could qualify for grant money. She thinks the City of Maplewood should pursue being one of the five model cities that could get grant money associated with the storm water runoff. 8. MPCA Violations Update a. Mayor Longrie said she had received a violation notice in the mail from the MPCA which she passed along to Mr. Copeland. Mayor Longrie requested that he update the council regarding this issue. Mr. Copeland asked Mr. Ahl if he had any further information regarding this. Mr. Ahl said a number of cities received these violations. It appears that the MPCA discovered the permits that the city had applied for didn't get processed and from the City of Maplewood's standpoint, the city went ahead and did the work assuming the MPCA was going to issue the permits. Mr. Ahl assured the council everything was constructed to meet the requirements. He said Erin Laberee from the Public Works Department, will have something this week so the city will meet the deadlines. 9. Impaired Lakes a. Mayor Longrie said she noticed the machines harvesting weeds on Lake Phalen and that reminded her of the citizens who live around Keller Lake who would like to work together with the Environmental and Natural Resources Commission to come up with solutions for the impaired water in Keller Lake. 10. Environment Utility Fund (EUF) a. Mayor Longrie stated that she had spoken about the Environment Utility Fund earlier in the meeting. July 9, 2007, City Council Meeting 29 N. ADMINISTRATIVE PRESENTATIONS Mr. Roberts reminded the city council that the Annual City Tour is Monday, July 30, 2007, from 5:30 - 8:30 p.m. and to RSVP to Community Development. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 10:43 p.m. July 9, 2007, City Council Meeting 30