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HomeMy WebLinkAbout05-14-2007MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, May 14, 2007 Council Chambers, City Hall Meeting No. 07-09 A. B. C. D. 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 G2 Peace Officer Memorial Day -May 15 & National Police Week N1 and N2 moved to K1 and K2 -Unfinished Business M1 2006 Budget M2 Water Fest M3 Green Expo M4 Grant Opportunities M5 Council Invitation K4 Review of the March 12, 2007 Minutes regarding Gladstone Redevelopment Councilmember Rossbach moved to approve the agenda as amended. Seconded by Councilmember Juenemann Nays-Mayor Longrie, Hjelle, Cave Ayes-Councilmembers Juenemann, Rossbach Mayor Longrie moved to approve the agenda as amended, removing proposed item K4. Seconded by Councilmember Hjelle Nays-Councilmembers Juenemann Ayes-Councilmembers Hjelle, Rossbach, Cave, Mayor Longrie E. APPROVAL OF MINUTES 1. Minutes from the April 23, 2007 5 p.m. Council/Manager Workshop Councilmember Cave moved to approve the minutes of April 23, 2007 5 p.m. as amended. Seconded by Mayor Longrie Ayes-all May 14, 2007 City Council Meeting 1 2. Minutes from the April 23, 2007 City Council Meeting Councilmember Cave moved to approve the minutes of April 23, 2007. Seconded by Councilmember Hjelle Ayes-all F. VISITOR PRESENTATIONS 1. Doug Jones, 2505 Silver Lane N.E., Minneapolis, said he owns eleven properties in Maplewood and spoke regarding the reconstruction of Mount Vernon Street. Mr. Jones requested that the council consider putting in four parking bays across the right of way to alleviate the parking problem. 2. Ron Cockriel, 943 Century Avenue, spoke regarding the south Maplewood moratorium neighborhood meeting and requested information on pending litigation regarding a south Maplewood property. City Attorney Kantrud responded regarding the Copar Companies pending litigation. 3. Carolyn Peterson, 1801 Gervais Avenue, thanked the council for holding the moratorium meeting. 4. Bill Kayser, 6408 81 ~` Avenue North, Brooklyn Park, spoke regarding legal issues. 5. Christopher Hampl, 1120 Gordon Avenue, spoke regarding comments made at the previous city council meeting regarding the trailer park demolition project and asked the council to review the tapes of the meeting. 6. Nancy Lazaryan, 2516 Linwood, spoke regarding pending litigation. 7. Larry Whitcomb, 518 County Road B East, spoke regarding time limits for receiving information requests from the city. 8. Mark Bonnet, 1635 Sterling Street South, spoke regarding the south Maplewood moratorium meeting and urged the council to make changes to the current comprehensive plan and then move forward with the new comprehensive plan. 9. Joe Bailey, 1615 Sterling Street South, spoke regarding the south Maplewood moratorium meeting and to thank the council for holding the conservation easement seminar. 10. Ron Cockriel spoke regarding Maplewood's 50`h anniversary celebration and reported on the Bruentrup Farm Tea and the upcoming Pedal in the Parks bike tour events. G. APPOINTMENTS/PRESENTATIONS 1. Citizen's Award Presentation -William Knutson Police Chief Thomalla presented the Citizen's Award to William Knutson from the police department for his help in rescuing passengers from a vehicle submerged in lake water. Chief Thomalla presented Barry Knutson with a Letter of Recognition from the police department for calling 911 and assisting with the rescue, aid and comfort of the vehicle passengers. May 14, 2007 City Council Meeting Peace Officers/National Law Enforcement Memorial Day Police Chief Thomalla reported on National Law Enforcement Memorial Day which will be held on May 15 and mentioned there is a memorial at the state capitol where several Maplewood police officers will participate in the honor guard. Mayor Longrie read a proclamation for National Law Enforcement Memorial Day. Councilmember Juenemann moved to approve the National Law Enforcement Memorial Day proclamation. Seconded by Councilmember Cave Ayes-all H. PUBLIC HEARINGS Cottagewood Utility Improvements, City Project 06-10 a. Assessment Hearing, 7:00 p.m. b. Resolution for Adoption of Assessment Roll Public Works Director Ahl presented the report. Director Ahl instructed the public to complete an assessment objection form in order to have your assessments reviewed. Mayor Longrie opened the public hearing for comments from the public. No individuals addressed the council. Mayor Longrie closed the public hearing. Councilmember Juenemann moved to approve the following resolution for the adoption of the assessment roll for the Cottagewood Public Improvement Proiect, City Proiect 06-10: RESOLUTION 07-05-060 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 23rd , 2007, calling for a Public Hearing, the assessment roll for the Cottagewood Public Improvements, City Project 06-10, 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: 1. NONE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 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 June 11, 2007, as to their recommendations for adjustments. 2. The assessment roll for the Cottagewood Public Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. May 14, 2007 City Council Meeting 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 1, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 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. Seconded by Councilmember Hjelle Ayes-all Adopted by the council on this 14`h day of May 2007. Desoto Skillman Area Street Improvements, City Project 06-16 a. Assessment Hearing 7:17 pm b. Resolution for Adoption of Assessment Roll Public Works Director Ahl presented the report. Director Ahl instructed the public to complete an assessment objection form in order to have your assessments reviewed. Director Ahl read the names and addresses of those who have filed an assessment hearing objection form. Mayor Longrie opened the public hearing and the following individuals spoke: (a) Doug Jones spoke regarding several properties that he owns in this project area. (b) Steve Kubesh, 1726 Edgerton Street, spoke regarding four possible future lots as part of a vacated alley that he is being assessed for. (c) James Fitzgerald asked when the review on these objections will be completed. Mayor Longrie said that the review will be completed at the June 11 council meeting. (d) Tom Ohearn, 1690 Jessie Street, requested staff meet with him at his property to review driveway issues. (e) Larry Whitcomb, 518 County Road B East, spoke regarding issues with the water main in his area. (f) Valerie Taylor, 2052 Bradley Street, said she represented townhouse owners who had complained to the city and did receive the correction information requested. (g) Wayne Hruby, 1720 Desoto Street, requested that staff investigate whether his second lot is actually a buildable lot. Director Ahl said it will be investigated and will then notify Mr. Hruby of his options. (h) Steve Dang of the Mississippi Street Apartments spoke requesting that the Mississippi Street construction project be canceled. Director Ahl suggested that the council discuss the Mississippi Street construction at the June 11 council meeting. May 14, 2007 City Council Meeting Mayor Longrie reminded those present who intend to file an assessment objection that they need to complete the form at this time. Mayor Longrie closed the public hearing. Councilmember Juenemann moved to approve the following resolution as amended for the adoption of the assessment roll for the Desoto-Skillman Area Street Improvement Proiect, City Proiect 06-16, less all obiections received as noted within this report and all obiections received at the Assessment Hearing. These assessments are referred to the staff for review and recommendation to the City Council on June 11, 2007. RESOLUTION 07-05-061 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 23rtl, 2007, calling for a Public Hearing, the assessment roll for the Desoto-Skillman Area Street Improvements, City Project 06-16, 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: • Harry and Mary Ryman, 604 Kingston Avenue (PIN: 17-29-22-43-0029) • Moises and Ireneo Perez Rodriguez, 1699 Jessie Street (PIN: 17-29-22-34-0113) • Rosoto Villas, c/o Azure Properties, Inc, 1901 Desoto Street (PIN 17-29-22-32-0001) • Joseph Tarnowski, 453 E Roselawn Avenue (PIN 17-29-22-23-0061) • Doug Jones, North Star Properties of Minnesota representing the following properties: 0 1977 Desoto Street (PIN 17-29-22-23-0093) 0 1993 Desoto Street (PIN 17-29-22-23-0003) 0 2007 Desoto Street (PIN 17-29-22-23-0002) 0 2019 Desoto Street (PIN 17-29-22-23-0001) 0 1985 Clark Street (PIN 17-29-22-23-0012) 0 1994 Clark Street (PIN 17-29-22-23-0006) 0 1999 Clark Street (PIN 17-29-22-23-0011) 0 2008 Clark Street (PIN 17-29-22-23-0007) 0 2011 Clark Street (PIN 17-29-22-23-0010) 0 2020 Clark Street (PIN 17-29-22-23-0008) 0 2025 Clark Street (PIN 17-29-22-23-0009) • James Fitzgerald, 2141 Desoto Street (PIN 17-29-22-22-0004) • Tarrytown Common Area Interest, Paula Lawislak, 2030 Arkwright St. (PIN 17-29-22-23-0037) • Tarrytown Common Area Interest, Sara Walz, 2014 Arkwright St. (PIN 17-29-22-23-0029) • Tarrytown Common Area Interest, 2006 Arkwright Street (PIN 17-29-22-23-0025) • Saralinda Bauer, 1901 Sloan St. (PIN 18-29-22-41-0031) • Kaylyn McFarland, 1731 Edgerton St. (PIN 17-29-22-34-0059) • Hieu Ngoc Bui Tran, 1696 Jessie Street (PIN 17-29-22-34-0106) • Steven Kubesh,1726 Edgerton Street (PIN 17-29-22-43-0071) • Andy Faulkner, 471 Roselawn Ave (PIN 17-29-22-24-0025) • Lien Thi Dang, 2048 Mississippi Street (PIN 18-29-22-11-0042) • Hung Dang, 2056 Mississippi Street (PIN 18-29-22-11-0043) • Philong Dang, 2064 Mississippi Street (PIN 18-29-22-11-0045) • Khai Van Dang, 2072 Mississippi Street (PIN 18-29-22-11-0046) • Lien Thi Dang, 2080 Mississippi Street (PIN 18-29-22-11-0047) • Khai Van Dang, 2088 Mississippi Street (PIN 18-29-22-11-0049) • Steven Dang, 2096 Mississippi Street (PIN 18-29-22-11-0050) • An Nguyen, 2104 Mississippi Street (PIN 18-29-22-11-0051) • Toua Xiong, 2112 Mississippi Street (PIN 18-29-22-11-0053) • Kim Nguyen, 2120 Mississippi Street (PIN 18-29-22-11-0054) • Miguel Angel Salas Perez, 1697 Jessie Street (PIN 17-29-22-34-0114) • Daniel Barranco Alvarez, 545 Larpenteur Avenue (PIN 17-29-22-34-0057) • Ann Rinehart, 2140 Desoto Street (PIN 17-29-22-21-0106) • Ming Yang Wang, 2106 Desoto Street (PIN 17-29-22-21-0036) May 14, 2007 City Council Meeting • Annastacia Belladonna, 2144 Bradley Street (PIN 17-29-22-21-0110) • Wayne Hruby, 1720 Desoto Street (PIN 17-29-22-34-0042) • Larry Whitcomb, 518 E County Road B (PIN 17-29-22-21-0099) • June Wendt, 1989 Arkwright Street, (PIN 17-29-22-23-0071) 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, as noted above, along with any and all objections filed at the Assessment Hearing, and report to the City Council at the regular meeting on June 11~", 2007, as to their recommendations for adjustments. The City Engineer and City Clerk are hereby instructed to delay all assessments proposed for the above objections thereof and shall be included in the final recommendations of the City Engineer on June 11~", 2007. 2. The assessment roll for the Kenwood Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 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 1, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2007, but no later than October 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. Seconded by Councilmember Hjelle Ayes-all Adopted by the council on this 14~" day of May 2007. CONSENT AGENDA Councilmember Hjelle moved to adopt consent agenda items 1, 3, 4, 9, 10, 11 and 13. Seconded by Councilmember Juenemann Ayes-all Councilmember Juenemann moved to adopt consent agenda item 2. Seconded by Councilmember Hjelle Ayes-all Councilmember Hjelle moved to adopt consent agenda item 5. Seconded by Councilmember Cave Ayes-Mayor Longrie, Councilmembers Cave, Juenemann, Hjelle Nay-Councilmember Rossbach May 14, 2007 City Council Meeting Councilmember Rossbach moved to adopt consent agenda item 6. Seconded by Councilmember Hjelle Ayes-all Councilmember Rossbach moved to adopt consent agenda item 7. Seconded by Councilmember Hjelle Ayes-all Councilmember Cave moved to adopt consent agenda item 8. Seconded by Councilmember Hjelle Ayes-Mayor Longrie, Councilmembers Hjelle, Cave, Juenemann Nay-Councilmember Rossbach Councilmember Rossbach moved to adopt consent agenda item 12. Seconded by Councilmember Hjelle Ayes-all A five-minute break was taken. The meeting was resumed at 9:35 p.m. Approval of Claims ACCOUNTS PAYABLE: 211,799.41 Checks # 72513 thru # 72567 Dated 04/13/07 thru 04/24/07 153,621.05 Disbursements via debits to checking account Dated 04/12/07 thru 04/19/07 696,433.90 Checks # 72568 thru # 72623 Dated 04/25/07 thru 05/01/07 340,210.04 Disbursements via debits to checking account Dated 04/20/07 thru 04/26/07 37,742.39 Checks # 72624 thru # 72666 Dated 04/30/07 thru 05/08/07 $ 196,640.39 Disbursements via debits to checking account Dated 04/27/07 thru 05/03/07 $ 1,636,447.18 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated 555,788.39 04/20/07 Payroll Deduction check # 1001927 thru # 2,681.47 1001929 dated 04/20/07 May 14, 2007 City Council Meeting $ 461,197.36 Payroll Checks and Direct Deposits dated 05/04/07 Payroll Deduction check # 1002030 thru # $ 2,656.53 1002032 Dated 05/04/07 $ 1,022,323.75 Total Payroll $ 2,658,770.93 GRAND TOTAL 2. Authorization to enter into 3-year agreement with McLeod for voice & data services Authorized staff to enter into athree-year agreement with McLeod for voice and data services and to purchase a Cisco ASA 5520 firewall for security. 3. Conditional Use Permit Review- Dearborn Meadows PUD Reviewed the conditional use permit for Dearborn Meadows PUD. 4. Conditional Use Permit Review- Heritage Square PUD Reviewed the conditional use permit for Heritage Square. 5. Building Maintenance - 2006 Funds Carryover to 2007 Expenditures Approved spending of city funds for building maintenance projects as outlined in report. 6. MCC Equipment Maintenance Agreement Approved spending of city funds of $9,228 which is in the MCC 2007 budget in GL#602- 614-4430. 7. MCC Exterior Door Replacement Approved spending of city funds for Options 1, 2, and 4 and written insert of the proposal from Harmon Glass as submitted in staff report. 8. MCC Interior Door Project Approved spending of city funds for Option 3 of the proposal to add interior doors from the main area to the north hallway at the MCC. 9. MCC Eight Miscellaneous Projects Approved spending $135,584 of city funds transferred from the General Fund Contingency Funds to 602-614-4430 as listed in staff report. 10. Mapleridge Driveway Reconstruction, City Project 07-03, Resolution Approving Plans, Accepting Assessment Roll and Ordering Assessment Hearing May 14, 2007 City Council Meeting 8 Approved the following resolutions for the Rainbow/Maple Ridge Driveway Improvement, Project 07-03: RESOLUTION 07-05-062 APPROVING PLANS WHEREAS, pursuant to resolution passed by the city council on April 23'', 2007, plans and specifications for the Rainbow/Maple Ridge Driveway Improvements, City Project 07-03, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city engineer. RESOLUTION 07-05-063 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city engineer will assign day labor for the Rainbow/Maple Ridge Driveway Improvements, 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. RESOLUTION 07-05-064 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Rainbow/Maple Ridge Driveway Improvement, City Project 07-03, 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 11th day of June 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. 3. 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. May 14, 2007 City Council Meeting 11. Brookview Area Street Improvements, City Project 07-01: Accepting Plans and Specifications and Authorizing Ad for Bid, Ordering Preparation of Assessment Roll, Accepting Roll and Ordering Assessment Roll Hearing Approved the following resolutions for the Brookview Area Street Improvements, Project 07-01: RESOLUTION 07-05-065 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on March 26`h, 2007, plans and specifications for Brookview Area Street Improvements, Project 07-01, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 14th day of June, 2007, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of June 25`h, 2007. RESOLUTION 07-05-066 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Brookview Area Street Improvements, City Project 07-01. 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. May 14, 2007 City Council Meeting 10 RESOLUTION 07-05-067 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Brookview Area Street Improvements, City Project 07-01, 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 25th day of June 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. 12. Mogren Street Improvements, Beam to County Rd D, City Project 06-17, Resolution Adding Trail Improvement between Hazelwood and Kennard to City Project Approved the following resolution approving the transfer of $75,000 of tax abatement funds for the construction of the trail along the power lines between Hazelwood and Kennard into the project fund for City Project 06-17: RESOLUTION 07-05-068 ADDING TRAIL IMPROVEMENT BETWEEN HAZELWOOD AND KENNARD TO CITY PROJECT 06-17 WHEREAS, the City Council of the City of Maplewood desires that a trail be constructed between Hazelwood Street and Kennard Street along the power lines within the Legacy Village development, and WHEREAS, the City Council has previously issued tax abatement bonds for the cost of the construction of said trail in the amount of $75,000, and WHEREAS, said bond funds need to be expended in 2007-2008, and WHEREAS, the City is considering a project within the area called Mogren Street Improvements, City Project 06-17. NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Maplewood that: 1. Said Trail Project is hereby authorized to be included within the Project considerations for City Project 06-17. May 14, 2007 City Council Meeting 11 2. The Finance and Administration Manager is hereby authorized and directed to transfer the $75,000 in funds into the Project Fund for City Project 06-17. 13. Approval of Purchase for Testing Services -City Improvement Projects in 2007 Authorized the City Engineer to enter into a contract for professional services with Braun- Intertec for testing and quality control services on City Improvement Projects for 2007. AWARD OF BIDS Mogren Street Improvements, Beam to County Road D, City Project 06-17, Resolution Receiving Bids and Awarding Construction Contract a. Public Works Director Ahl presented the report. Councilmember Hjelle moved approval of the following resolution awarding the bid to Frattalone Companies in the amount of $2,374,426.30: RESOLUTION 07-05-069 FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Frattalone Companies in the amount of $2,374,426.30 is the lowest responsible bid for the construction of Mogren Street Improvements, City Project 06-17, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. Seconded by Councilmember Juenemann Ayes-all Desoto -Skillman Street Improvements, City Project 06-16, Resolution Receiving Bids and Awarding Construction Contract a. Public Works Director Ahl presented the report. Dick Dufresne, 1721 Desoto Street, addressed the council on the use of concrete for street projects as opposed to asphalt and questioned the possibility of bidding concrete as an option for street improvement projects. Councilmember Rossbach suggested that staff be directed to verify the numbers and gather information on the use of concrete for street projects. Councilmember Hjelle moved to approve the following resolution awarding the bid to TA Schifsky and Sons in the amount of $3,097,587.90 for Base Bid plus Alternates 1 and 2. RESOLUTION 07-05-070 FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of TA Schifsky and Sons in the amount of $3,097,587.90, which includes the base bid, Bid Alternate #1 and Bid Alternate #2 [Bid Alternate #3 is not awarded] is the lowest responsible bid for the construction of Desoto Skillman Area Streets, City Project 06-16, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. May 14, 2007 City Council Meeting 12 Seconded by Councilmember Juenemann Ayes-all Councilmember Rossbach moved to direct staff to look at the additional projects that Director Ahl listed, do the preliminary work on concrete alternatives and then submit this information to the city council. Seconded by Councilmember Cave Mayor Longrie questioned what this motion was requesting. Councilmember Rossbach clarified that this motion is requesting information and includes spending $40,000. The council voted: K. UNFINISHED BUSINESS Nays-Juenemann, Hjelle, Mayor Longrie Ayes-Councilmembers Rossbach, Cave Markham Pond Wall Motion for Reconsideration and Recommendation to Table pending further research by the City Attorney Councilmember Hjelle moved to reconsider the previous council action. Seconded by Mayor Longrie Ayes-Councilmembers Hjelle and Cave, Mayor Longrie Nay-Councilmember Juenemann Abstention-Councilmember Rossbach Mayor Longrie moved to table this matter pending further review of the history of this matter. Seconded by Councilmember Hjelle Ayes-all COBRA Benefits for 911 Dispatchers a. City Manager Copeland presented the report. Councilmember Cave moved to authorize payment of COBRA benefits in the amount of $6,284 for all transferring 911 dispatchers as a severance benefit at the time of employee transfer to Ramsey County. Seconded by Councilmember Juenemann Ayes-all St. Paul's Monastery Redevelopment (Century and Larpenteur Avenues) Public Comment on this matter was taken at a Special City Council Meeting on May 7, 2007. Public Comment is now closed. Discussion is limited to City Council questions for City Staff. a. Application for Conditional Use Permit for Planned Unit Development b. Preliminary Plat for Century Trails Commons Senior Planner Ekstrand presented the report and responded to questions from the council. Ellen Higgins, in charge of development for Common Bond Communities, addressed the council regarding the proposed affordable housing. Mayor Longrie thanked Ms. Higgins for her suggestion that a transportation task force be created to work toward increasing public transportation to this site. Mayor Longrie stated May 14, 2007 City Council Meeting 13 her support for increasing transportation on the site and creating a task force to look at these issues. Councilmember Hjelle moved to adopt the following resolution approving a conditional use permit for a planned unit development for the Sisters of St. Benedict of St. Paul's Monastery. CONDITIONAL USE PERMIT RESOLUTION 07-05-071 WHEREAS, the Sisters of St. Benedict of St. Paul's Monastery applied for a conditional use permit for a planned unit development to develop their 31.04-acre site with a 50-unit town house development; a 40-unit seniors housing apartment building; to convert the existing monastery building as a multi-use family-violence shelter with 37 housing units, offices and support facilities and to build a future monastery building on the north end of their property. WHEREAS, Section 44-1092(3) of the city ordinances requires a conditional use permit for institutions of any educational, philanthropic and charitable nature. WHEREAS, this permit applies to the property located at 2675 LarpenteurAvenue. The legal description is: That part of the South Y of the Southeast Quarter of Section 13, Township 29, Range 22, Ramsey County, Minnesota lying east and north of a line described as beginning at a point on the south line of said Southeast Quarter of Section 13 985 feet west of the southeast corner of said Southeast Quarter of Section 13; thence 78 degrees 40 minutes to the right proceeding in a north-northwesterly direction for 620 feet to a point of curve; thence to the left on a curve having a radius of 100 feet a distance of 157.08 feet to a point of tangent; thence 90 degrees to the right, at right angles to the tangent to said curve at said point of tangent, a distance of 450 feet; thence 90 degrees to the left a distance of 200 feet; thence 90 degrees to the right a distance of 225 feet, more or less, to the north line of said South Y of the Southeast Quarter of Section 13. Except that part of the Southeast Quarter of said Southeast Quarter of Section 13 which lies northeasterly of a line parallel with and distant 100 feet southwesterly of a line described as beginning at a point on the east line of said Section 13, distant 1324.13 feet north of the southeast corner thereof; thence run westerly at an angle of 90 degrees with said east section line for 186.63 feet; thence deflect to the right on a 10 degree curve, delta angle 29 degrees 20 minutes, for 293.33 feet; thence on tangent to said curve for 100 feet and there terminating; together with all that part of the above described tract, adjoining and southerly of the above described strip, which lies easterly of a line run parallel with and distant 60 feet westerly of the following described line: Beginning at the point of intersection of the above described line with the east line of said Section 13; thence run southerly along the east line of said Section 13 for 540 feet and there terminating; also together with a triangular piece adjoining and southerly of the first above described strip and westerly of the last described strip, which lies northeasterly of the following described line: From a point on the last described line, distant 150 feet southerly of its point of beginning, run westerly at right angles to said line for 60 feet to the point of beginning of the line to be described; thence run northwesterly to a point on the southerly boundary of the first above described strip, distant 100 feet westerly of its intersection with a line run parallel with and distant 33 westerly of the east line of said Section 13. Which lies easterly, northerly and easterly of a line described as commencing at said southeast corner of the Southeast Quarter of Section 13; thence westerly, along said south line of the May 14, 2007 City Council Meeting 14 Southeast Quarter of Section 13, a distance of 832.02 feet to the point of beginning of the line to be described; thence deflecting to the right 78 degrees 40 minutes 00 seconds a distance of 750.06 feet; thence deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 204.00 feet; thence deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 638.98 feet to said north line of the south half of the Southeast Quarter of Section 13 and said line there terminating. WHEREAS, the history of this conditional use permit is as follows: On March 20, 2007, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On May 7, 2007, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 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. May 14, 2007 City Council Meeting 15 Approval is subject to the following conditions: 1. This planned unit development shall follow the concept plans date-stamped January 11, 2007. These plans are considered concept plans because the applicant must submit design plans to the city for approval for the proposed apartments, town houses, future monastery; shelter and any other future use. Staff may approve minor changes. 2. This planned unit development does not give any approvals for Lot 1, Block 1 since this site has not been proposed for any future development and its future use is unknown. The development of this site would require a revision of this planned unit development and must comply with all city development requirements. 3. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 4. The city council shall review this permit in one year. 5. The property owner shall be required to dedicate right of way for a roadway to be studied by the City Engineer during the next three to five year period. The final location of the roadway shall be studied by the City Engineer and reported with a recommendation to the city council. The final need for the roadway has not been determined but will likely be necessary if additional development occurs on this property in excess of that currently being proposed or at higher density levels than approved; and also if property sold includes a major expansion of uses that generate significant additional traffic to be generated at Hill-Murray. 6. The applicant must obtain all necessary and required permits from the Minnesota Department of Transportation, Ramsey County and the Ramsey-Washington Metro Watershed District. 7. The applicant must provide aright-turn lane on Century Avenue into the site, subject to MnDOT's approval. 8. The applicant shall comply with all requirements of the engineering reports by Erin Laberee and Michael Thompson dated February 22, 2007 and by R. Charles Ahl dated April 19, 2007. 9. The applicant shall install sidewalks wherever possible along Larpenteur Avenue 10. Staff may approve minor changes to the plans. Seconded by Councilmember Rossbach A friendly amendment was added to the motion requiring the following conditions be included in the resolution: 11. Establish a neighborhood committee of no less than nine members whose membership composite shall be one representative from Hill-Murray administration or trustees, one day care parent from Maple Tree Day Care, one parent whose child attends Hill-Murray, three neighborhood citizens who signed the petition included in the council packet and three neighborhood citizens who are from the yellow cards received by the city. The committee's purpose shall be to facilitate communication, develop neighborhood solutions to neighborhood concerns, and provide feedback to all parties subject to the planned unit May 14, 2007 City Council Meeting 16 development. The committee shall report periodically to the council and disband when no longer needed. 12. Establish a transportation task force of neighbors and parties to the planned unit development to work on public transportation service and options for the site, to work in coordination with the neighborhood committee. 13. The proposed project shall be reviewed by the Community Design Review Board and all requirements of that board shall be followed. 14. Include two playground areas within the planned unit development as discussed at the hearing that were to be added to the plans. 15. Develop a security plan in partnership with all of the parties subject to the planned unit development and the neighborhood committee. 16. Monastery Way and Bennett Road shall be public roads and the cost of city sewer, storm water, public street infrastructure and city water shall be borne by the developer. 17. The applicant shall install sidewalks along applicant's property on Larpenteur Avenue and internal streets. The council voted as follows: Ayes-all The Maplewood City Council approved this resolution on May 14, 2007. Councilmember Hjelle moved approval of a preliminary plat for Century Trails Commons located at 2675 Larpenteur Avenue. Approval is subiect to: 1. Redesigning the public street right-of-way within the site to be 60 feet wide. 2. Complying with the applicable requirements of the engineering reports by Erin Laberee and Michael Thompson dated February 22, 2007 and by R. Charles Ahl dated April 19, 2007. 3. Street lights shall be installed if required by the city engineer, subject to his approval. 4. The applicant shall dedicate any additional right-of-way if required by Ramsey County and the Minnesota Department of Transportation. 5. The property owner shall be required to dedicate right-of-way for a roadway to be studied by the City Engineer during the next three to five year period. The final location of the roadway shall be studied by the City Engineer and reported with a recommendation to the city council. The final need for the roadway has not been determined but will likely be necessary if additional development occurs on this property in excess of that currently being proposed or at higher density levels than approved; and also if property sold includes a major expansion of uses that generate significant additional traffic to be generated at Hill-Murray. Seconded by Councilmember Rossbach Ayes-all Counciimember Cave moved to extend the meeting to finish the agenda. Seconded by Counciimember Hjeiie May 14, 2007 City Council Meeting 17 Councilmember Juenemann explained she needed to leave the meeting at 11:20 p.m, due to medical issues. The council then voted: Ayes: Councilmembers Rossbach, Cave, Hjelle, Mayor Longrie Gladstone Area Improvements, City Project 04-21, Resolution Directing Preparation of a Tax Increment District and Calling a Public Hearing for June 25, 2007 for Lake Phalen Estates (continued from April 23 meeting) a. Public Works Director Ahl presented the report. b. Link Wilson of Kaas Wilson Architects, 308 18`h Street East, Minneapolis, addressed the council. c. Denny O'Donnell, of Walker Eldercare said that Walker Eldercare is the only for- profit entity of Walker Methodist and is wholly owned by Walker Methodist. d. Bart Montanari, 595 Lakeside Drive, Bayport is the developer on the project and spoke regarding the LLCs in connection with the project. Mr. Montanari said an LLC is always created for every new project with Dabar Cos. e. John McGovern, 1876 East Shore Drive, spoke also representing his neighbor and commented that this is prime land in the area and should be able to carry itself in an open market. f. AI Galbraith, 1770 Edward Street, said this property should stand on its own and not need TIF financing. g. David Bartol, 1249 Frisbee Avenue, spoke in favor of TIF financing generally and said he will leave the decision of whether to use it for this project up to the council. h. Kevin Schmidt, 1800 Phalen Place, said he does not think this project needs TIF. i. Bart Montanari again addressed the council saying that this project cannot move forward without TIF funding. In response to a question by Councilmember Cave of whether a motion is needed, City Attorney Kantrud stated that if the council is not going to make recommendation to set a public hearing and TIF plan or to take any action, no motion would be required. Councilmember Hjelle moved to call for a public hearing to prepare the district for Tax Increment Financing based on the internal rate of return of 15% and to set a Public Hearing for the July 9 city council meeting. Seconded by Councilmember Rossbach Ayes-Councilmembers Hjelle, Rossbach Nays-Councilmember Cave, Mayor Longrie The motion failed. Mayor Longrie moved to table the following agenda items K5 and K6 until the June 11 council meeting. Seconded by Councilmember Hjelle Ayes-all Gladstone Area Improvements, City Project 04-21, Review for Final Alternative Area Urban Review (AUAR) Comments and Approval of Resolution Adopting the AUAR Gladstone Area Improvements, City Project 04-21, Resolution Authorizing Preparation of Plans and Specifications for LCDA Grant Improvements on Frost Avenue and for Improvements at TH 61/Frost Avenue. May 14, 2007 City Council Meeting 18 L. NEW BUSINESS Preliminary Approval for Issuance of Bonds a. Finance & Administration Manager Mittet presented report. b. Terri Heaton of Springsted Inc. addressed the council and said that any excess monies not used for the projects could be used as debt service payment or could stay in the capital fund for a similar project. Councilmember Hjelle moved to adopt the following resolution providing preliminary approval for the sale of $10,170 General Obligation Improvements Bonds: RESOLUTION 07-05-072 PROVIDING FOR COMPETITIVE NEGOTIATED SALE OF $10,170,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $10,170,000 General Obligation Improvement Bonds, Series 2007A (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 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. Seconded by Councilmember Rossbach Mayor Longrie asked for how much this would add to the budget for debt service. Manager Mittet responded that the levy would be about $300,000 per year. The council then voted: Ayes-Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach May 14, 2007 City Council Meeting 19 2. Intoxicating Liquor -Pei Wei a. Citizen Services Manager Guilfoile presented the report. b. The applicant, Edward Unangst, 655 Wood Duck Drive, Woodbury, addressed the council. M. Councilmember Cave moved to approve the intoxicating liquor license. Seconded by Councilmember Hjelle Ayes-Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach COUNCIL PRESENTATIONS 1. 2007 Budget Councilmember Rossbach requested a printed copy of the budget and that copies of the printed budget also be made available to the public. Manager Mittet responded saying that adjustments have been made to the budget recently, but he would make copies available as soon as it is published. 2. Green Expo Mayor Longrie reported on the Green Expo. 3. Grant Opportunity Mayor Longrie reported on a seminar she attended on preparing for Minnesota's age wave and cities' grant opportunities regarding this issue. 4. Councillnvitation Mayor Longrie reported on an invitation to the council from the Union Pacific Railroad to ride on a passenger train on June 10 from St. Paul to Hudson, Wisconsin. N. ADMINISTRATIVE PRESENTATIONS 1. Follow-up on Joy Park Boat Ramp Public Access City Attorney Kantrud reported that a contract previously entered into by the city requires that the city keep the boat ramp open. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:50 a.m. May 14, 2007 City Council Meeting 20