Loading...
HomeMy WebLinkAbout09-10-2007MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, September 10, 2007 Council Chambers, City Hall Meeting No. 07-16 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 7:00 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 Councilmember Hjelle requested chancing the agenda order to move Public Hearings ahead of Visitor Presentations so that the people who would like to speak during the scheduled Public Hearings would have the opportunity of doing so since Visitor Presentations can be very lengthy. Councilmember Rossbach requested adding item M1. Promotion Process in the Police Department. Councilmember Hjelle requested adding item M2. The Appreciation Boat Trip for the Fire Fighters. City Manager Copeland requested N1. Council Communications With Staff. Councilmember Cave moved to approve the agenda as amended. Seconded by Mayor Longrie Ayes -All APPROVAL OF MINUTES Minutes from the August 27, 2007, 5 p.m. Council/Manager Workshop. Councilmember Juenemann had a correction under item 2. a. the Consultant, Tom Harrington was actually the person that gave the Gladstone presentation not the Public Works Director. Chuck Ahl. September 10, 2007, City Council Meeting 1 Councilmember Cave moved to approve the 5:00 p.m. Council/Manager Workshop minutes of Auaust 27. 2007. as amended. Seconded by Hjelle. Ayes- All 2. Minutes from the August 27, 2007, 7:00 p. m. City Council Meeting. Councilmember Juenemann called the Recording Secretary with her changes to item M3. Additions are underlined and changes are stricken. Councilmember Juenemann was also concerned that there was still a lack of trust and respect for city staff which negatively impacts communication. Councilmember Juenemann also had concerns regarding how the cifcouncil meet+r~g workshop agenda has been handled. Councilmember Cave moved to approve the City Council Meeting minutes of August 27, 2007, as amended. Seconded by Councilmember Hjelle. Ayes- All F. PUBLIC HEARINGS Crestview Forest Improvements, Deer Ridge Lane, City Project 06-21 a. Assessment Hearing, 7:00 p.m. b. Approve Resolution for Adoption of Assessment Roll c. Resolution Ordering work to be done by Day Labor d. Assistant City Engineer, Erin Laberee presented the report and answered questions of the Maplewood residents that spoke. Mayor Longrie opened the public hearing and the following individuals spoke: (1) Reggie Rasmussen, President of Crestview Forest Townhome Owners' Association I, asked questions of the council and staff. (2) Mary Joyce, 502 Deer Ridge Lane, Maplewood, President, Crestview Forest Townhome Owners' Association II, asked questions of the council and staff. Mayor Longrie closed the public hearing. Councilmember Juenemann moved to approve the Crestview Forest Improvements, Deer Ridge Lane, City Project 06-21 Resolution for Adoption of Assessment Roll. September 10, 2007, City Council Meeting 2 RESOLUTION 07-08-155 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on August 13, 2007, calling for a Public Hearing, the assessment roll for the Crestview Forest Improvements (Deer Ridge Lane), City Project 06-21, 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: NONE 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 September 24, 2007, as to their recommendations for adjustments. 2. The assessment roll for the Crestview Forest Improvements (Deer Ridge Lane) 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. 3. 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. 4. 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 10, 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 10, 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 November 15 or interest will be charged through December 31 of the next succeeding year. September 10, 2007, City Council Meeting 3 5. 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 10t" day of September 2007. Seconded by Councilmember Hjelle. Ayes -All Councilmember Hjelle moved to approve the Crestview Forest Improvements, Deer Ridge Lane, City Project 06-21 Resolution Ordering Work to be done by Day Labor. RESOLUTION 07-08-156 ORDER WORK TO BE DONE BY DAY LABOR WHEREAS, pursuant to resolution passed by the city council on August 13t", 2007, the city engineer has prepared plans and specifications for the Crestview Forest Improvements (Deer Ridge Lane), City Project 06-21, which have been presented to the council for approval, AND W HEREAS, 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 Juenemann. Ayes -All September 10, 2007, City Council Meeting 4 G. APPOINTMENTS/PRESENTATIONS 1. New Maplewood Police Department Sergeant Chief Thomalla stated that Dan Busack was promoted to Sergeant of the Maplewood Police Department but because Sergeant Busack was unable to attend this evening's meeting Chief Thomalla requested that this item be added to the September 24, 2007, agenda. H. VISITOR PRESENTATIONS Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Spoke regarding correspondence she previously sent to the council, city manager, and city clerk. She submitted this dated material and was disappointed that she hadn't received a response. Ms. Sletten said this was in regards to item L9. New Business, Discussion on City Council Policy regarding City Commission Membership. Mayor Longrie clarified that Ms. Sletten could speak when item L9. came up during the meeting. 2. Jim Norman, Interim Coordinator for NEST, Ramsey, Minnesota. Mr. Norman introduced himself and shared his employment background with the city council and public. 3. Joseph Waters, spoke as a retired firefighter and a member of the Maplewood Firefighters Association, Inc., regarding the statement Christine Stone made during the August 27, 2007, council meeting. 4. Bill Kayser, 2516 Linwood Avenue East, Maplewood. Mr. Kayser spoke regarding the subpoena that was served on City Manager, Greg Copeland and the subpoena that was to be served on City Clerk, Karen Guilfoile, who was not present. 5. Ron Cockriel, 943 Century Avenue North, Maplewood. Mr. Cockriel thanked everyone that was involved with the 1St Annual Nifty Fifty Car Show at the Maplewood Community Center. He also spoke regarding the Maplewood Historical Society and the Forest Lawn Memorial Park to honor the few forgotten soldiers who were laid to rest at Forest Lawn. The Tour will be held September 15, 2007, at 1:00 p.m. at Forest Lawn Memorial Park at 1800 Edgerton Street. He also spoke regarding care packages that could be sent to the men and woman serving in Iraq who are not currently receiving packages and how to be involved in the process. 6. David Foss, 2699 Gem Street North, Maplewood. Mr. Foss spoke regarding a traffic citation he received in Maplewood and a problem he had with a Maplewood police officer. Chief Thomalla met with Mr. Foss in the lobby to discuss the issue at hand. 7. Nancy Lazaryan, 2516 Linwood Avenue East, Maplewood. Ms. Lazaryan thanked the City of Maplewood for the opportunity to speak during Visitor Presentations because some cities do not offer the opportunity to address the city council like the City of Maplewood does. September 10, 2007, City Council Meeting 5 I. CONSENT AGENDA Councilmember Hjelle moved to adopt consent agenda items 1 and 2. Seconded by Councilmember Cave. Ayes- All Councilmember Rossbach moved to adopt consent agenda item 3. Seconded by Councilmember Hjelle. Ayes- All Councilmember Juenemann moved to table consent agenda item 14. for the Conditional Use Permit for St. Paul Regional Water Services at 1900 Rice Street. Seconded by Councilmember Cave. Ayes- All Councilmember Juenemann moved to table consent agenda item 15. for the Conditional Use Permit for the Cottagewood PUD, Farrell Street. Seconded by Councilmember Hjelle. Ayes- All 1. Approval of Claims Councilmember Hjelle moved approval of claims. ACCOUNTS PAYABLE: $ 260,175.15 Checks #73402 thru #73446 Dated 08/17/07 thru 08/28/07 $ 139,935.55 Disbursements via debits to checking account Dated 08/17/07 thru 08/23/07 $ 1,067,050.18 Checks #73447 thru #73498 Dated 08/24/07 thru 09/04/07 $ 293,330.23 Disbursements via debits to checking account Dated 08/24/07 thru 08/30/07 $ 1,760,491.11 Total Accounts Payable PAYROLL $ 461,994.49 Payroll Checks and Direct Deposits dated 08/24/07 $ 2,624.27 Payroll Deduction check #1002921 thru #1002923 Dated 08/24/07 $ 464,618.76 Total Payroll $ 2 225 109.87 GRAND TOTAL September 10, 2007, City Council Meeting 6 Seconded by Councilmember Cave. Ayes -All 2. Mogren Street Improvements, City Project 06-17 a. Revise Assessment Hearing Date from September 24t" to October 8t", 2007. Councilmember Hjelle moved to approve the Mogren Street Improvements, City Project 06-17. RESOLUTION 07-08-157 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Mogren Street Improvements, City Project 06-17, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 8t" day of October 2007, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Cave. Ayes -All September 10, 2007, City Council Meeting 7 3. Conditional Use Permit Review -Dege Garden Center, 831 Century Avenue. Councilmember Rossbach moved to approve the Conditional Use Permit Review for Dege Garden Center at 831 Century Avenue North, subject to: The business following the June 1, 1988, conditions of approval. This shall include replacing the "no-left turn sign" for the driveway onto 7t" Street by March 1, 2008. 2. The city council shall review this permit again in one year. The city may review this permit in less than one year if the owner proposes a change or if a problem arises. Seconded by Councilmember Hjelle. Ayes -All 4. Conditional Use Permit Review - St. Paul Regional Water Services, 1900 Rice Street. Councilmember Juenemann moved to table the Conditional Use Permit for the St. Paul Regional Water Services campus at 1900 Rice Street until the September 24, 2007, city council meeting in order to allow staff the opportunity to assess the situation. Seconded by Councilmember Cave. Ayes -All 5. Conditional Use Permit Review -Cottagewood PUD, Farrell Street. Councilmember Juenemann moved to table the Conditional Use Permit (CUP) for the Cottagewood PUD until the September 24, 2007, city council meeting in order to allow staff the opportunity to assess the situation. Seconded by Councilmember Hjelle. Ayes -All AWARD OF BIDS None. K. UNFINISHED BUSINESS City Code Amendment -Planning Commission (Second Reading) a. Planner, Ken Roberts, presented the report. b. Planning Commissioner, Tushar Desai gave the Planning Commission report. Councilmember Cave moved to approve the second reading of the proposed code amendment. This amendment changes Sections 2-246 through 2-255 of the city code about the planning commission. September 10, 2007, City Council Meeting $ ORDINANCE NO. 881 AN ORDINANCE AMENDING DIVISION 4. PLANNING COMMISSION The Maplewood city council approved the following changes to the Maplewood Code of Ordinances (additions are underlined and deletions are crossed out): DIVISION 4. PLANNING COMMISSION* Sec.2-246. Established. The city council establishes for the city a planning commission as an advisory board to the city council, as provided in Minn. Stats. §§ 462.351-- 462.364. (Code 1982, § 25-17) Sec. 2-247. Advisory body; exceptions. All actions of the advisory planning commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except as the council may lawfully delegate authority to it. (Code 1982, § 25-18) State law reference-- City planning agency to be advisory, except as otherwise provided by state statute or charter, Minn. Stats. § 462.354, subd. 1. Sec. 2-248. Composition; appointment; qualifications; terms. (a) The planning commission shall have nine members appointed by the city council. The members shall be residents of the city and may not hold an elected city public office. When possible, the council shall select commission members to represent the various areas of the city and to help meet the needs of the residents. (b) The city council shall appoint members of the planning commission for three-year terms. The city shall divide the membership into three groups of three members each. The terms of the three members in the same group shall end in the same year. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part of the vacated terms. All terms shall expire on December 31 of the year in which the appointment ends. (Code 1982, § 25-19) Sec. 2-249. Chairperson and vice-chairperson. The planning commission shall elect a chairperson and avice-chairperson each year during the first planning commission meeting in June. a} }"^ ~^^^^~ ^~^^^'^^ ^^^~^~'~~'^^ m°°}'^^ '^ ~°^ °~~~ °°^" ~~°°~ The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice-chairperson shall assume the duties of the chairperson for that meeting. September 10, 2007, City Council Meeting g If the chairperson resigns from or is otherwise no longer on the planning commission, the vice-chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. (Code 1982, § 25-20) *State law references--Municipal planning, Minn. Stats. § 462.351 et seq,; city planning agency, Minn. Stats. § 462.354, subd. 1; metropolitan government, Minn. Stats. ch. 473; Ramsey County included within "metropolitan area" over which "metropolitan council" has jurisdiction, Minn. Stats. § 473.121, subds. 2, 3; metropolitan land use planning, Minn. Stats. § 473.851 et seq. ADMINISTRATION Sec.2-250. Vacancies. (a) Any of the following may cause the office of a planning commissioner to become vacated: (1) Death or removal from the city. (2) Disability or failure to serve, as shown by failure to attend four meetings in any year, may be cause for removal by council majority, unless good cause can be shown to the council. (3) Resignation in writing. (4) Taking public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. (Code 1982, § 25-21) Sec. 2-251. Officers; meetings; rules of procedure. (a) The planning commission shall elect its own officers, establish regularly scheduled meeting times and dates in conjunction with the availability of city facilities and the meeting times of other groups as directed by the city manager, and adopt its own rules of procedure to be reviewed and approved by the city council. (b) All meetings of the planning commission shall be open to the public. (Code 1982, § 25-22) Sec. 2-252. Duties and responsibilities. The planning commission shall have the duty to: September 10, 2007, City Council Meeting 10 (1) Prepare and recommend a comprehensive plan of development for the city. (2) Conduct hearings and make recommendations to the city council about the adoption of the city comprehensive plan and any amendments thereto. The comprehensive plan certified and adopted by the city council shall be recognized as the city's official comprehensive plan. (3) Study and make recommendations to the city council about implementing the comprehensive plan and any land use regulations. (4) Study and make recommendations to the city council about zoning code amendments. (5) Review, prepare and make a report to the city council by the second city council meeting in February of each year regarding the commission's activities in the past year and major projects for the new year. (6) Maintain a liaison and coordination with government and private agencies so that the city council may be familiar with the planning activities of such agencies in order to establish an order of planning and development unity for the city. (7) Review and recommend, on or before June 30 of each year, a capital improvements program to the city council, which is designed to accomplish the comprehensive plan for the city. (8) Review and make recommendations to the city council on development applications, such as rezonings, conditional use permits, variances, vacations, preliminary plats and home occupation licenses. (9) Accept such other and further duties as may, from time to time, be directed by the city council, including conducting hearings. (Code 1982, § 25-23) Sec. 2-253. Compensation; expenses. All members of the planning commission shall serve without compensation. However, approved expenses of the planning commission shall be paid from available city funds. (Code 1982, § 25-24) September 10, 2007, City Council Meeting 11 Sec. 2-254. Responsibilities of city alannina staff c^•~••~•••^'+., ,+^.,^~^^...^.,+ directe~ Subject to the direction of the city manager, the planning commission and its chairperson, the city planning staff c^^~^~ ^'+„ ,+^„^~^.,..,^.,+,+•r^^+^r shall: (1) Conduct all correspondence of the commission. (2) Send out all required notices. (3) Attend all meetings and hearings of the commission. (4) Keep the dockets and minutes of the commission's proceedings. (5) Keep all required records and files. (6) Maintain the files and indexes of the commission. (Code 1982, § 25-25) Sec. 2-255. Duties of city engineer, city attorney, city inspectors and other city employees. (a) The city engineer and the city attorney shall be available to the planning commission. The city engineer and attorney shall have the right to sit in with the commission at all meetings, but shall not be entitled to vote as members of the commission. (b) All city inspectors and other regular employees or personnel of the city shall cooperate with the planning commission and make themselves available and attend meetings when requested to do so. (Code 1982, § 25-26) Secs.2-256-2-280. Reserved. This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on September 10, 2007. Attest: Mayor City Clerk Seconded by Councilmember Rossbach. Ayes- All September 10, 2007, City Council Meeting 12 2. Comprehensive Plan Updates, Consider contracts with Schoell-Madson for Phase I of Land Use Plan Components and Phase I of Parks, Trails and Open Space Component and with Kimley-Horn for Transportation Component. a. Senior Planner, Tom Ekstrand presented the report. b. Rose Lorsung, Schoell-Madson, answered questions of the council. c. Peter Fischer, 2443 Standridge, Maplewood. Mr. Fischer gave input regarding the process of updating the Comprehensive Plan. d. Michael Bailey, 1615 Sterling South, Maplewood. She praised Rose Lorsung and Schoell-Madson and encouraged the city to continue working with this company because she feels there is some resistance with some members of the city council. e. Ron Cockriel, 943 Century Avenue North, Maplewood. He spoke regarding the Comprehensive Plan Update process and the importance of the task force. Councilmember Cave moved to approve the Comprehensive Plan Updates, Contract with Schoell-Madson for Phase I of the Land Use Plan Components and Phase I of Parks, Trails and the Open Space Component and with Kimley-Horn for the Transportation Component. Seconded by Councilmember Hjelle Ayes- All 3. Lark/Prosperity Area Street improvements, City Project 07-15. a. Resolution Approving Revised Assessment Roll b. Assistant City Engineer, Erin Laberee presented the report. Mayor Longrie opened the discussion up to the audience. (1) Joe Fleming, 2271 White Bear Avenue North, Maplewood. He said he objects to the assessment and he doesn't understand why he is being assessed when his address is White Bear Avenue and not on Lark Avenue. Councilmember Rossbach moved to grant a revision of the front footage used to calculate the assessment along Lark Avenue. The revised front footage was calculated by connecting both ends of the property with a straight line and using the straight line distance. Staff recommended a revised distance of 81 feet, a reduction of 17 feet from the original 98 feet. Council approved a revised distance of 59 feet, a reduction of 39 feet from the original 98 feet. This amounts to a $3,868.80 assessment reduction for a revised total assessment of $5,852.80. Seconded by Councilmember Juenemann. Ayes -All September 10, 2007, City Council Meeting 13 Councilmember Rossbach moved to approve the Lark Prosperity Area Street Improvements, City Proiect 07-15 for the Resolution Approving the Revised Assessment Roll. RESOLUTION 07-08-158 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on August 27, 2007, the assessment roll for the Lark/Prosperity Area Street Improvements, City Project 07-15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, three (3) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 10.29.22.44.0027 -Robert F. Parsons; 2229 Prosperity Road Mr. Parsons' objects to the assessment based upon senior citizen financial hardship. 2. Parcel 10.29.22.44.0056 -Dorothy Sleva; 1680 Lark Avenue E Mrs. Sleva objects to the assessment based upon senior citizen financial hardship. 3. Parcel 11.29.22.33.0001 -Joe Fleming; 2271 White Bear Avenue N Mr. Fleming objects to the assessment based upon the usable Lark Ave front frontage. 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 Lark/Prosperity Area Street Improvements, City Project 07-15: 1. Parcel 10.29.22.44.0027 -Robert F. Parsons; 2229 Prosperity Road Mr. Parsons' objects to the assessment based upon senior citizen/financial hardship. Staff recommendation is to deny cancellation of assessment and grant deferral upon approval of necessary paperwork. 2. Parcel 10.29.22.44.0056 -Dorothy Sleva; 1680 Lark Avenue E Dorothy Sleva objects to the assessment based upon senior citizen/financial hardship. Staff recommendation is to grant deferral upon approval of necessary paperwork. September 10, 2007, City Council Meeting 14 3. Parcel 11.29.22.33.0001 -Joe Fleming; 2271 White Bear Avenue N Mr. Fleming is requesting a revision of his assessment based upon the usable Lark Avenue front frontage. Staff recommendation is to grant a revision of the front footage used to calculate the assessment along Lark Avenue. The revised front footage was calculated by connecting both ends of the property with a straight line and using the straight line distance. Staff recommended a revised distance of 81 feet, a reduction of 17 feet from the original 98 feet. Council approved a revised distance of 59 feet, a reduction of 39 feet from the original 98 feet. This amounts to a $3,868.80 assessment reduction for a revised total assessment of $5,852.80. B. The assessment roll for the Lark/Prosperity 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. E. The city engineer and city clerk shall forthwith after October 1, 2007, but no later than November 15t", 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 10t" day of September 2007. Seconded by Councilmember Juenemann. Ayes -All September 10, 2007, City Council Meeting 15 Councilmember Juenemann moved to approve staff's recommendation to deny cancellation of assessment and grant deferral upon approval of the necessary paperwork for Robert F. Parsons; 2229 Prosperity Road. Councilmember Juenemann also moved to approve staff's recommendation to grant deferral upon approval of the necessary paperwork for Dorothy Sleva; 1680 Lark Avenue E. Seconded by Councilmember Cave. Ayes -All 4. Ferndale Geranium Area Street Improvements, City Project 07-14 a. Resolution Approving Revised Assessment Roll b. Resolution Approving No Parking on the west side of Ferndale Avenue. c. Assistant City Engineer, Erin Laberee presented the report. Mayor Longrie asked if anyone in the audience wanted to address the council. There were no residents that came forward. Councilmember Cave moved to approve the Resolution Approving the Revised Assessment Roll for the Ferndale Geranium Area Street Improvements, City Proiect 07- 14. RESOLUTION 07-08-159 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on August 27t", 2007, the assessment roll for the Ferndale-Geranium Area Street Improvements, City Project 07-14, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, ten (10) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 252922130065 -Richard and Virginia Weinhold; 2615 Stillwater Road Mr. and Mrs. Weinhold object to the assessment based upon a senior citizen financial hardship. b. Parcel 252922120016- John Nickolaus and Keith Johnson; 1146 Evar Street Mr. Nickolaus and Mr. Johnson object to the assessment based upon financial hardship. c. Parcel 252922120037 -Laura Linroth; 2530 Rose Avenue Laura Linroth objects to the assessment based upon paying too much for taxes. d. Parcel 252922120028 -Margaret Ferguson; 2512 Rose Avenue Margaret Ferguson objects to the assessment based upon the proposed assessment for a town home. September 10, 2007, City Council Meeting 16 e. Parcel 252922120024 -Nancy L. White; 2532 Rose Avenue Nancy White objects to the assessment based upon a financial hardship. f. Parcel 252922110018 -Sharon Hansen and Edward Rang; 2657 Geranium Avenue Ms. Hansen and Mr. Rang object to the assessment based upon unbuildable lots. g. Parcel 252922110029 -Mary Jane and Larry Schuler; 2648 Geranium Avenue Mr. and Mrs. Schuler object to the assessment based upon an unbuildable lot. h. Parcel 252922110030 -Mary Jane and Larry Schuler; 2648 Geranium Avenue Mr. and Mrs. Schuler object to the assessment based upon not wanting to connect to City water at this time. i. Parcel 252922110035 -Robert Doane; 2637 Stillwater Road Mr. Doane objects to the assessment based upon a financial hardship. j. Parcel 252922110031 -Nelson J. Gerben, Jr.; 2638 Geranium Avenue Mr. Gerben objects to the assessment based upon not wanting to connect to City water at this time. 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 Ferndale-Geranium Area Street Improvement, Project 07-14: a. Parcel 252922130065 -Richard and Virginia Weinhold; 2615 Stillwater Road Mr. and Mrs. Weinhold object to the assessment based upon a senior citizen financial hardship. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. b. Parcel 252922120016- John Nickolaus and Keith Johnson; 1146 Evar Street Mr. Nickolaus and Mr. Johnson object to the assessment based upon financial hardship. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork. c. Parcel 252922120037 -Laura Linroth; 2530 Rose Avenue Laura Linroth objects to the assessment based upon paying too much for taxes. Staff recommendation is to deny the cancellation of assessment as benefit is received. To calculate the assessment rate for each unit, the front-footage for each four-plex town home was divided by four and multiplied by the multi-family assessment rate. This allowed the assessment to be equally distributed to each unit. Partial reconstruction rates were used, as there is existing curb and gutter. September 10, 2007, City Council Meeting 17 d. Parcel 252922120028 -Margaret Ferguson; 2512 Rose Avenue Margaret Ferguson objects to the assessment based upon living in a town home. Staff recommendation is to deny the revision of assessment, as benefit is received. To calculate the assessment rate for each unit, the front-footage for each four-plex town home was divided by four and multiplied by the multi-family assessment rate. This allowed the assessment to be equally distributed to each unit. Partial reconstruction rates were used, as there is existing curb and gutter. e. Parcel 252922120024 -Nancy L. White; 2532 Rose Avenue Nancy White objects to the assessment based upon a financial hardship. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork. f. Parcel 252922110018 -Sharon Hansen and Edward Rang; 2657 Geranium Avenue Ms. Hansen and Mr. Rang object to the assessment based upon unbuildable lots. Staff recommendation is to grant a deferral of second and third unit assessments, without interest, until such time property is developed. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. It is also recommended to grant the cancellation of the three watermain assessments. Watermain and services will be paid for at the time that they connect to the city water. By City Ordinance, the owners shall be required to connect to City water when their current well fails. g. Parcel 252922110029 -Mary Jane and Larry Schuler; 2648 Geranium Avenue Mr. and Mrs. Schuler object to the assessment based upon an unbuildable lot. Staff recommendation is to grant a deferral of the unit assessment, without interest, until such time property is developed. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. It is also recommended to grant the cancellation of the watermain assessment. Watermain and services will be paid for at the time that they connect to the city water. h. Parcel 252922110030 -Mary Jane and Larry Schuler; 2648 Geranium Avenue Mr. and Mrs. Schuler object to the assessment based upon not wanting to connect to City water at this time. Staff recommendation is to grant the cancellation of the watermain assessment. The watermain and services shall be paid for at the time that they connect to City water. By City Ordinance, the owners shall be required to connect to City water when their current well fails. i. Parcel 252922110035 -Robert Doane; 2637 Stillwater Road Mr. Doane objects to the assessment based upon a financial hardship. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork. September 10, 2007, City Council Meeting 18 j. Parcel 252922110031 -Nelson J. Gerben, Jr.; 2638 Geranium Avenue Mr. Gerben objects to the assessment based upon not wanting to connect to City water at this time. Staff recommendation is to grant the cancellation of the watermain assessment. The watermain and services shall be paid for at the time that they connect to City water. By City Ordinance, the owners shall be required to connect to City water when their current well fails. F. The assessment roll for the Ferndale-Geranium 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. G. 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. H. 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 November 15 or interest will be charged through December 31 of the next succeeding year. I. The city engineer and city clerk shall forthwith after October 1, 2007, but no later than November 15t", 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 10t" day of September 2007. Seconded by Councilmember Juenemann. Ayes -All September 10, 2007, City Council Meeting 19 Councilmember Juenemann moved to approve the Resolution Approving No Parking on the west side of Ferndale Avenue for the Ferndale Geranium Area Street Improvements, City Proiect 07-14. RESOLUTION 07-08-160 FERNDALE STREET - "NO PARKING" RESTRICTIONS WHEREAS, the City Council approved the preparation of plans and specifications for the Ferndale-Geranium Area Street Improvements, City Project 07-14 in June 2007, and WHEREAS, the city will be expending Municipal State Aid funds on the improvement of Ferndale 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 the west side of Ferndale Street from its intersection with Stillwater Road to its intersection with Maryland Avenue. Dated at Maplewood, Minnesota this 10th day of September, 2007. Seconded by Councilmember Hjelle. Ayes -All September 10, 2007, City Council Meeting 20 5. Consideration of Partnership Change - St. Paul Monastery Property Development a. Senior Planner, Tom Ekstrand presented the report. b. Christine Brinkman, Director of Administration for the Tubman Family Alliance and Chrysalis.1739 Lafond Avenue, St. Paul, addressed the council. She explained the merge between the Tubman Family Alliance and Chrysalis. Councilmember Cave recommended calling for a new public hearing to consider amending the PUD to put further restrictions on the PUD. Seconded by Mayor Longrie. Ayes -Councilmember Cave Navs -Mayor Longrie, Councilmembers Hjelle, Juenemann, Rossbach The motion failed. No further action was needed for this item. L. NEW BUSINESS The Regents Senior Housing Development (Kennard Street and Legacy Parkway) a. Planned Unit Development (PUD) Revisions b. Parking Reduction Authorization c. Design Approval 1. Senior Planner, Tom Ekstrand presented the report 2. Frank James, General Counsel for Hartford Group, 7900 Xerxes Avenue South, Suite 1300, Bloomington, addressed and answered questions of the council. 3. Patrick Sarver, ASLA, Director of Development for the Hartford Group, 7900 Xerxes Avenue South, Suite 1300, Bloomington, addressed and answered questions of the council. 4. Maplewood Fire Chief, Steve Lukin answered questions of the council. 5. Planning Commissioner, Tushar Desai gave the Planning Commission report. 6. Community Design Review Board member, Matt Wise gave the Community Design Review Board report. 7. Carolyn Peterson, 1801 Gervais Avenue, #301, Maplewood, addressed the council. She spoke about the needs she would be looking for in independent and assisted living. September 10, 2007, City Council Meeting 21 Councilmember Cave moved to adopt the attached resolution to approve plans date- stamped August 20, 2007 for the revision to the previously-approved PUD concept plan allowing the Regent at Legacy Village senior building to increase the number of units from 120 to 150. This PUD revision also allows the reduction in the square-foot area of the intensive-care units from 580 square feet to 382 400 square feet. Approval is based on the findings required by ordinance and because of the following reasons: PLANNED UNIT DEVELOPMENT REVISION RESOLUTION 07-08-161 WHEREAS, The Hartford Group applied for a revision to the planned unit development (PUD) for The Regent, the senior's housing complex at Legacy Village of Maplewood. The proposed PUD revision was to increase the previously-approved density from 120 to 150 multi-family units. This PUD revision also includes a reduction in unit size for the 15 intensive-care and 15 memory-care units from 580 square feet to 382 square feet. WHEREAS, this permit applies to the three-acre site in Legacy Village lying southeast of the intersection of Kennard Street and Legacy Parkway. Drive. The legal description is: Lot 1, Block 3 of Legacy Village of Maplewood. WHEREAS, the history of this conditional use permit is as follows: On August 21, 2007, the planning commission held a public hearing to review these requests. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. 2. The city council reviewed this proposal and considered the planning commission's recommendation on September 10, 2007. The council also considered reports and recommendations of the city staff and those in attendance. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described PUD revision based on plans date-stamped August 20, 2007 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. September 10, 2007, City Council Meeting 22 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The proposed built-out density of the entire Legacy Village PUD will be less than that originally approved by 26 units. 11. The affect on the sit itself should not cause an overcrowding problem since the residents on the site would not generate the quantity of traffic a typical multi-family development would. 12. The minimum floor-area requirement of 580 square feet was intended for typical "efficiency" apartments. The proposed unit sizes should suffice in this instance since they are for persons with limited mobility that need medical assistance. The Maplewood City Council approved this resolution on September 10, 2007. Seconded by Mayor Longrie. Ayes -Mayor Longrie, Councilmembers Cave, Juenemann Navs -Councilmembers Hjelle, Rossbach September 10, 2007, City Council Meeting 23 Councilmember Cave moved approval of a parking waiver to provide 100 underground and 45 on-grade parking spaces rather than the 300 required by ordinance. Approval is because the proposed senior housing complex would not generate the amount of traffic associated with typical multi-family uses. This parking reduction of 155 spaces is subject to the requirements of city ordinance should the use of the building be proposed for a change to a higher traffic-generating use. The three'parking spaces in the circular th.. +h r.... c rfn nn nrL'n c+nlln~~o~.1 'r +h.. + r n.1 n .. f..n~l.. If +~ n.++ +h..., c•hnll h.. ,,...•++,.,, _(changes are in underlined and deletions are stricken.) Seconded by Mayor Longrie. Ayes -All Mayor Longrie asked the applicant if the project would use union labor. The applicant was unsure. Councilmember Cave moved to approve the revised plans date-stamped August 20, 2007, for the Regent at Legacy Village. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall revise the plans or do the following for staff approval: Enter into across-easement agreement with the city for the shared parking spaces for the use of the city's abutting sculpture park. This agreement shall be prepared by the city attorney and shall require that the developer of the senior complex be responsible for driveway maintenance and snowplowing. This agreement shall be subject to the requirements of the director of public works. Provide the city with cash escrow or an irrevocable letter of credit for the exterior landscaping and site improvements. Meet all requirements of the engineering report by Jon Jarosch dated July 5, 2007. Meet all requirements of the fire marshal and building official. Provide engineered plans to the building official for all retaining walls that exceed four feet in height as measured from the bottom of the footing. All retaining walls that are four feet tall or taller shall have a protective fence or guardrail on top. Provide a site and design plan for the screening of any trash and recycling containers if they would be kept outside. Should a trash enclosure area be proposed in the future, it shall not be placed in any parking space. September 10, 2007, City Council Meeting 24 Provide a screening plan for any exterior utility meters, if there would be outside meters, subject to the requirements of the community design review board. Provide sidewalks to the existing trails and public sidewalks as required by the original PUD approval. The location of these sidewalks is dependent upon the location of exits from the building. 3. Before getting a certificate of occupancy, the applicant shall: Comply with or complete all aspects of these plans or any required revisions. Provide in-ground lawn irrigation as shown on the plans. Install traffic and address signs, subject to staff approval. Install wetland-protection buffer signs around the west side of the abutting wetland area. 4. The community design review board shall review major changes to these plans. Minor changes may be approved by staff. 5. The six Sculpture Park parking spaces shall be signed accordingly subject to staff approval. 6, The horizontal;-lap siding on the;building exterior shall be;the cementious Hardi Board'. product. The proposed vinyl siding is not allowed_ Seconded by Mayor Longrie. Ayes -All Mayor Longrie requested a 10-minute break from 11:30 -11:40 p.m. The city council meeting resumed at 11:40 p.m. Councilmember Hjelle moved to continue the meeting past the meeting time curfew. Seconded by Councilmember Cave. Ayes - Councilmembers Cave, Hjelle, and Rossbach Nays -Mayor Longrie, Councilmember Juenemann Councilmember Hjelle recommended that the city council continue discussing agenda items L 2, L3, L4, and L7. this evening and table items L5. L6. L8. L9. M1. M2, and N1 until the special city council meeting on Thursdav. September 13, 2007, at 4:30 p•m• Seconded by Councilmember Cave. Ayes -All September 10, 2007, City Council Meeting 25 2. Gladstone Redevelopment Project - Phase I ,City Project 04-21, Resolution Requesting Cooperation Agreement Funding from MnDOT for TH 61 -Frost Improvements. a. Assistant City Engineer, Erin Laberee presented the report. Councilmember Juenemann moved to approve the Gladstone Redevelopment Proiect Phase I, City Proiect 04-21, Resolution Requesting Cooperation Agreement Funding from MnDOT for TH 61-Frost Improvements. CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION 07-08-162 RESOLUTION REQUESTING FUNDING FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION THROUGH THE MUNICIPAL AGREEMENT PROGRAM FOR CITY PROJECT NO. 04-21 GLADSTONE AREA REDEVELOPMENT PROJECT TRUNK HIGHWAY 61/FROST AVENUE INTERSECTION IMPROVEMENTS WHEREAS, the AUAR for the Gladstone Area Redevelopment Master Plan identified mitigation strategies at the Trunk Highway 61 (T.H. 61)/Frost Avenue intersection including the extension of existing turn lanes and the addition of new turn lanes. WHEREAS, Mn/DOT is currently planning to replace the traffic signal at the intersection of T.H. 61/Frost Avenue with cost sharing from Ramsey County and the City of Maplewood. WHEREAS, the City of Maplewood will be responsible for the funding of a portion of the traffic signal replacement at the intersection of T.H. 61 /Frost Avenue. WHEREAS, the City of Maplewood is requesting financial participation for the traffic signal and turn lane improvements from the Minnesota Department of Transportation through the Municipal Agreement program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THAT: The City of Maplewood is hereby authorized to apply for Municipal Agreement Funding for City Project No. 04-21 -Gladstone Redevelopment Project T.H. 61/Frost Avenue Intersection Improvements. 2. The City of Maplewood is committed to complete this project if Municipal Agreement Funding is provided. September 10, 2007, City Council Meeting 26 Adopted by the City Council of Maplewood this 10t" day of September 2007. AYES: 5 NAYS: 0 Diana Longrie, Mayor ATTEST: Greg Copeland, City Manager Seconded by Councilmember Hjelle. Ayes- All September 10, 2007, City Council Meeting 27 3. Pond Overlook Public Improvements, City Project 06-16. a. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for October 8, 2007. b. Assistant City Engineer, Erin Laberee presented the report. Councilmember Cave moved to approve the Pond Overlook Public Improvements, City Proiect 06-16 for the Resolution Accepting Assessment Roll and Ordering Assessment Hearing for October 8, 2007. RESOLUTION 07-08-163 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Pond Overlook Public Improvements (2161 County Road D), City Project 07-08, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 8th day of October 2007, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Hjelle. Ayes -All September 10, 2007, City Council Meeting 28 4. Desoto Skillman Area Street Improvements, City Project 06-16 a. Resolution Ordering Preparation of Assessment Roll for Doug Jones Parking Bays and Sanitary Sewer Improvements. b. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for October 8, 2007. c. Assistant City Engineer, Erin Laberee presented the report. Councilmember Juenemann moved to approve the Desoto Skillman Area Street Improvements, City Project 06-16 for the Resolution Ordering the Preparation of the Assessment Roll for Doug Jones Parking Bays and Sanitary Sewer Improvements. RESOLUTION 07-08-164 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Desoto Skillman Area Street Improvements, City Project 06-16. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Hjelle. Ayes -All September 10, 2007, City Council Meeting 29 Councilmember Juenemann moved to approve the Desoto Skillman Area Street improvements, City Proiect 06-16 for the Resolution Accepting Assessment Roll and Ordering Assessment Hearing for October 8, 2007. RESOLUTION 07-08-165 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Desoto Skillman Area Street Improvements, City Project 06-16, and the said assessment roll is on file in the office of the city engineer. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 8t" day of October 2007, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Hjelle. Ayes -All September 10, 2007, City Council Meeting 30 7. Resolution Providing for the Competitive Negotiated Sale of $5,090,000 General Obligation Improvement Bonds, Series 20076. a. Finance and Administration Manager, Robert Mittet presented the report. b. Terry Eden, Springsted, 380 Jackson Street, Suite 300, St. Paul, addressed and answered questions of the council. Councilmember Cave moved to approve the Resolution Providing for the Competitive Negotiated Sale of $5,090,000 General Obligation Improvement Bonds, Series 20076. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: September 10, 2007 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on September 10, 2007, for the purpose in part of authorizing the competitive negotiated sale of the $5,090,000 General Obligation Improvement Bonds, Series 20076. The following members were present: Diana Longrie, Mayor Rebecca Cave, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember And the following were absent None Councilmember Cave introduced the following resolution and moved its adoption: RESOLUTION 07-08-166 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $5,090,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 20076 A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $5,090,000 General Obligation Improvement Bonds, Series 20076 (the "Bonds"), to finance various improvement projects within the City; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized September 10, 2007, City Council Meeting 31 to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Rossbach and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Councilmembers Cave, Hjelle, Juenemann and Rossbach and the following voted against the same: Mayor Longrie Whereupon the said resolution was declared duly passed and adopted. September 10, 2007, City Council Meeting 32 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's $5,090,000 General Obligation Improvement Bonds, Series 20076. WITNESS my hand on September 10, 2007. City Clerk, Karen Guilfoile Seconded by Councilmember Rossbach. Ayes - Councilmembers Cave, Hjelle, Juenemann, Rossbach Nav -Mayor Longrie September 10, 2007, City Council Meeting 33 New Business items L5, L6, L8, L9, Council Presentation items M1, M2, and Administrative Presentations N1. were tabled until Thursday, September 13, 2007. L. NEW BUSINESS 5. Preliminary Approval of Proposed Tax Levy Payable in 2008. 6. Set Public Hearing Dates on Proposed 2008 Budget and Property Tax Levy. 8. Proposal for Scheduling City Council Public Hearings in the Future. 9. Discussion on City Council Policy regarding City Commission Membership. M. COUNCIL PRESENTATIONS M1. Councilmember Rossbach -The Promotion Process in the Police Department. M2. Councilmember Hjelle -The Appreciation Boat Trip for the Fire Fighters. N. ADMINISTRATIVE PRESENTATIONS N1. City Manager Copeland -Council Communications with Staff. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:45 p. m. September 10, 2007, City Council Meeting 34