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HomeMy WebLinkAbout03-10-2008MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, March 10, 2008 Council Chambers, City Hall Meeting No. 08-08 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 7:28 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Present Present at 8:15 p.m. Present Present Present APPROVAL OF AGENDA Councilmember Nephew requested removing agenda item M1. due to ongoing litigation -and renumbering Council Presentations as needed. M1. Hill Murray Hockey -Councilmember Rossbach M2. Joint Commission Meeting -Mayor Longrie M3. White Bear Avenue/County Road DProject -Mayor Longrie M4. Gladstone Phase I DNR Trail Connection -Mayor Longrie M5. 3M Orchestra -Mayor Longrie Councilmember Rossbach moved to approve the agenda as amended. Seconded by Councilmember Nephew. Ayes -All The motion passed. APPROVAL OF MINUTES Councilmember Rossbach moved to approve the February 19, 2008, Special City council Minutes as submitted. Seconded by Councilmember Juenemann. Ayes - Councilmembers Juenemann, Nephew, & Rossbach Abstention -Mayor Longrie The motion passed. March 10, 2008 City Council Meeting Minutes Councilmember Rossbach moved to approve the February 25, 2008, 4:30 Council Manager Workshop Minutes as submitted. Seconded by Councilmember Nephew. Ayes -All The motion passed. Approval of the February 25, 2008, City Council meeting minutes. Councilmember Juenemann had a correction on page 7, number 3, under Visitor Presentations, (East of Gervais rather than Highway 36). Councilmember Nephew moved to approve the Februarv 25, 2008, City Council Meeting Minutes as amended. Seconded by Councilmember Rossbach. Ayes -All The motion passed. Approval of the February 28, 2008, Continuance of February 25, 2008, Council meeting minutes. Councilmember Nephew had a correction on page 2, middle of the page at the end of the motion correcting the typo of €olice to Police. Councilmember Nephew moved to approve the Februarv 28, 2008, Continuance of Februarv 25, 2008. Council Meeting Minutes as amended. Seconded by Councilmember Rossbach. Ayes -All The motion passed. ADMINISTRATIVE PRESENTATIONS Appointment to Planning Commission a. Acting City Manager, Chuck Ahl announced the reappointments of Tushar Desai, Lorraine Fischer, Joseph Boeser to the planning commission. Mayor Longrie moved to reappoint Tushar Desai, Lorraine Fischer and Joseph Boeser to the planning commission. Seconded by Councilmember Juenemann. Ayes -All The motion passed Mr. Ahl stated there is one opening on the Environmental and Natural Resources Commission and more information can be found on the city website. March 10, 2008 2 City Council Meeting Minutes G. PUBLIC HEARINGS Beam Avenue Improvements, City Project 07-26 a. Public Hearing 7:00 p.m. b. Resolution Ordering Improvement after Public Hearing (4 votes required) c. Civil Engineer, Michael Thompson gave the report and answered questions. d. Jon Horn, Project Manager, Kimley-Horn and Associates, Inc. gave a report and answered questions of the council. e. Acting City Manager, Public Works Director Chuck Ahl answered questions of the council. f. Finance Director, Bob Mittet answered questions of the council. Mayor Longrie opened the public hearing. 1. Karla Radermacher, 2120 Beam Avenue, Maplewood. As a long time resident living on Beam Avenue Ms. Radermacher spoke regarding the history of Beam Avenue. She also gave her opinion of the pros and cons regarding living on such a high traffic road as Beam Avenue so close to Maplewood Mall and the surrounding area. 2. Jackie Henderson, 2109 Beam Avenue, Maplewood. Ms. Henderson said she has lived here since 1965. She is not in favor of the sidewalk because she doesn't want to lose anymore of her property as she has over the years. She also doesn't want a bike trail installed and if the sidewalk has to be built she would prefer it be 5 feet wide and not 6 feet wide. Ms. Henderson also disagrees with the traffic count and felt the count was much higher. 3. Jamison Rusthoven 2134 Beam Avenue, Maplewood. Mr. Rusthoven asked what a bump out is. He also has concerns about signage because there are many young families with children in the area and signage is a large concern for traffic safety. 4. Tim Slabick, 2254 Beam Avenue, Maplewood. Mr. Slabick wanted his concerns clarified regarding the snow removal and traffic safety. He asked about the possibility of adjusting the timing of the stoplights on White Bear Avenue. Mr. Slabick asked what the legal definition of your property is in order to allow for the city's right of way. 5. Bill Schreiner, 1098 Beaver Creek Parkway. Maplewood. Mr. Schreiner said from a safety standpoint he has a concern narrowing a road to 36 feet wide if the Beam Avenue improvements are done. Mr. Schreiner also shared his opinion regarding the potential safety hazards of snow removal and other vehicle and safety concerns. 6. Tom Chartrand, 2231 Beam Avenue, Maplewood. Mr. Chartrand said the narrower the city makes Beam Avenue the more hazardous this makes the road for the residents who live here driving in and out of our driveway. He also agreed with the comments made by the previous speaker, Mr. Schreiner. Hank Bomersine, 2321 Beam Avenue, Maplewood. Mr. Bomersine said he built his house in 1973. He voiced his concerns regarding the city making Beam Avenue narrower and where his property line actually is after hearing comments made by Councilmember Rossbach regarding the city right of way and the center of the right of way. Candy Doberstein, 2329 Beam Avenue, Maplewood. Ms. Doberstein said if Beam Avenue is made narrower we can make it look more residential, slow the traffic, and make it safer for the community she is in favor of the project. Beam Avenue is in horrible condition and because she wants to make the street look more residential she approves of the project. March 10, 2008 3 City Council Meeting Minutes Sheila Miller, 2383 Beam Avenue, Maplewood. Ms. Miller said the extra land that will be developed because of narrowing Beam Avenue will be on the other side of the street and so will the parking. This means on the north side of Beam Avenue the cars will drive right along the curb which is where the sidewalk is, which doesn't seem very safe. She asked when Maplewood started plowing the sidewalks because she has lived here 30 years and the City of Maplewood has never plowed her sidewalk. 10. Larry Schmidt, 2367 Beam Avenue, Maplewood. Mr. Schmidt asked if the sidewalk would be repaired as part of this Beam Avenue improvement project. He has been shoveling and plowing his sidewalk for 30 years. Mr. Schmidt asked what the estimated assessment was per house. (Mr. Ahl answered) 11. Eric Kehle, 2399 Beam Avenue, Maplewood. Mr. Kehle said his hope is at the end of the day Beam Avenue needs to be resurfaced. The condition of the street detracts from the value of the neighborhood and the value of the homes here. He was glad to have the sidewalk as his kids were growing up. He would prefer the parking be on the north side of the street. Mr. Kehle said he hopes Beam Avenue can be reengineered because it really needs it. 12. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten asked what the digging was that was occurring near Beam Avenue, KSTP and the old compost site? (Mr. Ahl said the watershed district is doing some drainage cleaning to improve the flowage in the area.) 13. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick said regarding narrowing Beam Avenue and traffic calming, he said it would be nice to have designated bike lane on one side of the road and leave the width of Beam Avenue alone. He advocates a trail system for bikes. Bikes aren't supposed to be ridden on the sidewalks. He advocates a bumpy street but not speed bumps. Mr. Zick said traffic doesn't disappear, so the traffic on Beam Avenue will not go away, it will only move over to another street in the area. 14. Gene Radermacher. 2121 Beam Avenue. Maplewood. Mr. Radermacher asked what the condition of the sewers is from McKnight Road to Frederick Street. He asked why Maplewood approved a street that wasn't approved at 9 tons. If the water mains are okay he asked why the city would have to dig the street up because it would cost half the price. (Mr. Ahl said the intent is to make this project last 75 or more years. This is the time of year when water mains break and within ten years there will be more breaks in the water main. Mr. Ahl continued to answer his other concerns.) 15. Jim Allen, 2307 Beam Avenue, Maplewood. He is in favor of narrowing Beam Avenue to slow traffic down. He would like to see parking on the north side of Beam Avenue for the residents who live here. He would feel safer knowing the traffic is away from where kids would be and where people will be walking down the sidewalk. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to approve the Resolution ordering the Beam Avenue Improvements, City Project 07-26. March 10, 2008 4 City Council Meeting Minutes RESOLUTION 08-03-028 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 25th day of February, 2008, fixed a date for a council hearing on the proposed street improvements for the Beam Avenue Improvements, City Project 07-26, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 10th, 2008, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the Beam Avenue Improvements, City Project 07- 26. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 10th day of March 2008. 3. The City's consultant engineer, Kimley-Horn and Associates, Inc., is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $2,466,000 shall be established. The proposed financing plan is as follows: Beam Avenue Improvements, City Project 07-26 Special Assessments $ 372,400.00 15% Sanitary Sewer Utility Fund $ 117,000.00 5% Driveway Program $ 30,000.00 1 MSA Bonds $ 1,281,250.00 52% North Saint Paul WAC Fund $ 34,500.00 1 City of North Saint Paul $ 630,850.00 26% Total $ 2,466,000.00 100% Seconded by Councilmember Juenemann. Ayes - Councilmember's Hjelle, Juenemann, Nephew, & Rossbach -Mayor Longrie The motion passed. Mayor Longrie said she voted Nay because she would've preferred to delay this project until the debt study was concluded. This is a valuable project but she is concerned about costs to the city and future levy increases. The city will have to sell bonds at around $1.3 million dollars to help pay for this project. The council took a break at 9:30 p.m. March 10, 2008 5 City Council Meeting Minutes The council reconvened at 9:45 p.m. 2. Wetland Ordinance, First Reading a. Public Hearing 7:15 p.m. No Action to be taken, Continued to March 24, 2008. Due to the large volume of agenda items to discuss the Wetland Ordinance Public Hearing has been postponed until March 24, 2008. H. VISITOR PRESENTATIONS 1. Ron Cockriel, 943 Century Avenue, Maplewood. Mr. Cockriel spoke regarding the rights of bikers. He also spoke regarding bumpouts and the danger of bumpouts for bikers. He asked staff about a potential meeting on March 25, 2008? (Mr. Ahl said that is a decision that hasn't been made yet.) 2. Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood. Mr. Schreiner spoke regarding Clear Channel's new electronic reader board sign on Highway 36. He noticed the visual information on the sign is at a five second rotation instead of the 8 second interval that was agreed upon with the city council. (Mayor Longrie asked City Attorney, Alan Kantrud to speak to Clear Channel about this concern.) 3. Dave Schelling, 1955 Greenbrier Street, Maplewood. Mr. Schilling voiced his displeasure and concern regarding an article he read in the newspaper where Councilmember Rossbach said he wanted to limit people's rights to speak during visitor presentations. 4. Willard Scott, 1966 County Road B East, Maplewood. He asked if the Maplewood snow plows could put their blades down as the trucks are driving up County Road B. (Mr. Ahl said legally the city snow plows are not supposed to plow there because County Road B is a County Road which is plowed and maintained by Ramsey County.) Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick continued with the same comments that were made by Dave Schilling. Mr. Zick made several comments including that citizens shouldn't be kept from petitioning their government. John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff said citizens in Maplewood should know that someone is trying to get taxes in Maplewood lower he will be on the steps of the State Capitol in April expressing the citizen's tax concerns. CONSENT AGENDA 1. Councilmember Hjelle moved to approve items 2, 3, 4, & 6. Seconded by Councilmember Nephew. Ayes -All The motion passed. Mayor Longrie moved to approve item 1. Seconded by Councilmember Rossbach. Ayes -All The motion passed. March 10, 2008 6 City Council Meeting Minutes 3. Mayor Longrie moved to approve item 5. Seconded by Councilmember Hjelle. 1. Approval of Claims Mayor Longrie moved approval of claims. ACCOUNTS PAYABLE: $ 73,038.90 Checks #74832 thru #74882 Ayes -All $ 344,829.44 Disbursements via debits to checking account Dated 02/07/08 thru 02/14/08 $ 482,778.47 Checks #74883 thru #74925 $ 125,540.92 Disbursements via debits to checking account Dated 02/14/08 thru 02/21/08 $ 486,107.39 Checks #74926 thru #74991 $ 393,446.27 Disbursements via debits to checking account Dated 02/22/08 thru 02/28/08 $ 1,905,741.39 Total Accounts Payable PAYROLL $ 467,634.81 Payroll Checks and Direct Deposits dated 02/22/08 $ 2,802.36 Payroll Deduction check #1004687 thru #1004689 dated 02/22/08 $ 470,437.17 Total Payroll $ 2.376.178.56 GRAND TOTAL Seconded by Councilmember Rossbach. Ayes -All The motion passed. 2. St. Paul's Monastery Redevelopment, City Project 07-02 Approve Development Contract. Councilmember Hjelle moved to approve St. Paul's Monastery Redevelopment, City Proiect 07-02 Approving the Development Contract as approved May 14, 2007, and authorizing the Mayor and City Manager to execute the agreement signifying the approval of the City Council. This agreement provides security in the form of a letter of credit in the amount of $1,430,608 to guarantee the public improvements and an additional $300,000 to guarantee private improvements. March 10, 2008 7 City Council Meeting Minutes CITY OF MAPLEWOOD Ramsey County, Minnesota Contract for Planned Unit Development St. Paul's Monastery Re-Development City Project 07-02 THIS AGREEMENT, made this 10th day of March, 2008, between the City of Maplewood, Minnesota, acting by and through its mayor and city manager, herein called the CITY and St. Paul's Monastery, herein called the DEVELOPER. IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows: 1. In consideration of the CITY accepting St. Paul's Monastery Re-Development, the DEVELOPER shall provide all internal water systems, storm water management facilities, sanitary sewers and street improvements, including concrete curb and gutter, street lighting, signing, landscaping and other improvements as specified herein, all in conformance with current City standards, more specifically outlined in the Special Conditions, Plans and Specifications attached to this contract. All internal improvements constructed by the DEVELOPER shall be considered private utilities and/or improvements and shall be maintained by the DEVELOPER or its assign. Private utilities and/or improvements are defined as those improvements not part of the public improvements associated with City Project 07-24. The public improvements, defined as Priory Public Improvement, City Project 07-24, consist of construction of the Larpenteur Avenue Trail, the construction of Benet Road and Monastery Way, the right turn lane on Century Avenue, and the associated sanitary sewer, water main and storm drainage improvements as detailed in the Feasibility Study and Report for Priory Public Improvements, City Project 07-24, dated November 2007. The DEVELOPER warrants that it is the owner of the property proposed for the construction March 10, 2008 $ City Council Meeting Minutes of the St. Paul's Monastery Re-Development and maintains all rights and obligations necessary to construct the said improvements and to incur any property obligations. 2. The DEVELOPER agrees to perform the earthwork/grading and necessary soils corrections required for the construction of Benet Road and Monastery Way. The DEVELOPER also agrees to perform earthwork/grading of the ponds and infiltration basins on the development site that will accept drainage from these public streets. All earthwork/grading shall be completed to within 0.2 foot tolerance of the required design grades. The above mentioned earthwork/grading and soils corrections are defined as part of the private improvements. If the earthwork/grading is not completed in a timely manner thereby delaying the start of the public improvements, the CITY reserves the right to use posted surety for completing said earthwork/grading work. Upon the completion of the earthwork/grading, the DEVELOPER shall provide the CITY with an as-built field survey confirming that the earthwork/grading meets the required 0.2 foot tolerance. 3. The DEVELOPER agrees to pay to the CITY a Park Availability Charge (PAC) fee consistent with City Ordinance prior to the issuance of any building permits on the subject properties. DEVELOPER agrees that said PAC fee is currently calculated at $43,560.00 for the new Monastery Building. 4. The DEVELOPER agrees to meet all Special Conditions described in the approved resolution dated May 14~h, 2007, by the Maplewood City Council. 5. The DEVELOPER agrees to provide the CITY a surety in the form of a letter of credit for 125°k of the amount for the Priory Public Improvements, City Project 07-24, as detailed in the Feasibility Study and Report estimated to be $1,144,487.00. Said letter of credit shall be held by the CITY and shall not be released before the assessment hearing is conducted and total improvement cost is levied against the improved property for the Priory Public Improvements. The DEVELOPER agrees to sign an assessment waiver prepared by the CITY waiving the right to appeal the proposed assessment currently estimated at $1,144,487.00, for the Priory Public March 10, 2008 g City Council Meeting Minutes Improvements, City Project 07-24, as detailed in the Feasibility Study and Report. The assessments are to be paid over an eight (8) year period at an interest rate estimated at 6°k. Developer shall provide to the CITY the letter of credit on or about March 5, 2008, and expressly no later than the actual bid date. The DEVELOPER also agrees to provide to the CITY a cash escrow in the amount of $60,000.00 for design and engineering services by no later than January 25~h, 2008. This amount will count towards meeting the 125°k guarantee of the total Priory Public Improvement and can be released upon the CITY receiving the full $1,430,608 surety from the DEVELOPER in the form of a letter of credit. The letters of credit must clearly indicate that they are irrevocable letters of credit (from a financial institution approved by the City Attorney) in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of this development agreement. The letters of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. The letters of credit shall be of a one-year duration and must have a condition indicating automatic renewal, with notification to the City a minimum of 60 days prior to their expiration. The CITY may not withdraw on the letter of credit issued by the DEVELOPER with respect to the Priory Public Improvements unless: (1) The DEVELOPER is in default hereunder with respect to the construction of the Priory Public Improvements; (2) The CITY has given to the DEVELOPER written notice setting forth with reasonable specificity the default by the DEVELOPER hereunder; and (3) The DEVELOPER has failed to correct or remedy such default within thirty (30) days following the receipt of such notice. The amount withdrawn by the CITY may not exceed the actual costs incurred by the CITY in correcting or remedying such default. 6. The DEVELOPER shall reimburse any costs incurred by the City for engineering, legal, and administrative services, associated with the private development project (City Project 07- 02). These services will be invoiced and shall be paid in a timely manner. The City reserves the March 10, 2008 10 City Council Meeting Minutes right to hold the cash surety or letter of credit until invoice amounts have been paid in full to the City 7. A separate cash escrow or letter of credit in an amount to be determined by the City Engineer, but not less than $300,000.00 must be established prior to grading permit issuance and/or the CITY awarding a construction contract for the public improvements, whichever occurs first, to guarantee successful completion of private improvements associated with the Monastery Re-Development including but not limited to earthwork/grading, paving, lighting, utilities, Maplewood City Council Special Conditions, landscaping, and building exteriors. The CITY may not withdraw on the letter of credit issued by the DEVELOPER with respect to the Private Improvements (City Project 07-02) unless: (1) The DEVELOPER is in default hereunder with respect to the completion of the Private Improvements; (2) The CITY has given to the DEVELOPER written notice setting forth with reasonable specificity the default by the DEVELOPER hereunder; and (3) The DEVELOPER has failed to correct or remedy such default within thirty (30) days following the receipt of such notice. The amount withdrawn by the CITY may not exceed the actual costs incurred by the CITY in correcting or remedying such default. From time to time the Developer may request a reduction in the amount of the Letter of Credit associated with the private improvements for the Monastery Re-Development (City Project 07-02) as described under Section 6. The City shall consent to a reduction to the Letter of Credit upon satisfactory proof being made to the City of the amount of the improvements having been completed. 8. The DEVELOPER agrees to dedicate the public right-of-way for Benet Road and Monastery Way (60-feet in width) to the CITY as detailed in the plat for St. Paul's Monastery Re- Development, City Project 07-02. This dedication shall be provided at no cost to the CITY. March 10, 2008 11 City Council Meeting Minutes 9. The DEVELOPER agrees to dedicate a public drainage and utility easement over all ponds, infiltration basins, and drainage pipes that will accept runoff from the public streets (Benet Road and Monastery Way). This dedication shall be provided at no cost to the CITY. 10. The DEVELOPER agrees to fully landscape the development site as part of the private improvements to include the ponds and infiltration basins that will accept runoff from the public streets. The ponds and infiltration basins shall be landscaped by a contractor experienced in prairie and wetland restoration. Landscaping shall adhere to the approved landscaping plan and requirements set forth by the city naturalist for the development site. 11. The CITY will take over maintenance of the ponds and infiltration basins that accept drainage from the public streets upon a satisfactory inspection and proper functioning and landscaping. 12. The DEVELOPER shall furnish all engineering, architectural, and administrative services for the private improvements and building projects. 13. The DEVELOPER agrees that the private improvements shall be done and performed in the best and most workmanlike manner; and all materials and labor shall be in strict conformity with respect to the approved Plans and Specifications and improvement standards of the City of Maplewood, and shall be subject to the inspection and approval of the CITY or a duly authorized engineer of the CITY; and in case any material or labor supplied shall be rejected by the city or engineer, as defective or unsuitable for not meeting city specifications, then such rejected material shall be removed and replaced with approved material to the satisfaction and approval of the City or engineer and at the sole cost and expense of the DEVELOPER. 14. After completion of all private improvements required by the DEVELOPER, the City Engineer or the City Engineer's designated representative, arepresentative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work. Before final payment is made to the contractor by the DEVELOPER, the City engineer shall be satisfied that all March 10, 2008 12 City Council Meeting Minutes work is satisfactorily completed in accordance with said Plans and Specifications; and the Developer's engineer shall submit a written statement attesting to same. Acceptance by City shall be timely, subject to usual and customary industry standards, and such acceptance shall not be unreasonably withheld. 15. The DEVELOPER agrees that all payments to the CITY from the Developer called for under the terms of this contract and City ordinance shall be made within 30 days of billing. Payments not made within this time period shall be obtained through the guarantees provided in this contract. The CITY shall give written notice to the DEVELOPER prior to accessing and/or drawing upon guarantees outlined in this agreement. 16. It is further agreed anything to the contrary herein notwithstanding, that the City of Maplewood City Council and its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractor, material suppliers, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work or the improvements provided herein, and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of actions or the costs, disbursements, and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering services, and costs of legal services rendered in connection with the defending of such claims as may be brought against the City. It is further agreed that the Developer will furnish the City of Maplewood proof of insurance in the amount as required by the approved specifications covering any public liability or property damage by reason of the operation of the Developer's equipment, laborers, and hazard caused by said improvement. March 10, 2008 13 City Council Meeting Minutes 17. Breach of any terms of this agreement by the Developer shall be grounds for denial of building or occupancy permits for buildings within the addition until such breach is corrected by the Developer. 18. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 19. The terms and conditions of this Agreement shall be binding on the parties hereto, their respective successors and assigns and the benefits and burdens shall run with the land and may be recorded against the title to the property. 20. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: R. Charles Ahl, City Engineer/Public Works Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: S. Carol Rennie, OSB, President St. Paul's Monastery 2675 Larpenteur Avenue East St. Paul, MN 55109 March 10, 2008 14 City Council Meeting Minutes SIGNATURE FOR ST. PAUL'S MONASTERY BY: S. CAROL RENNIE. OSB TITLE: PRESIDENT STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2008, by S. CAROL RENNIE, OSB of the Developer. Notary Public SIGNATURES CITY OF MAPLEWOOD: Diana Longrie, Mayor STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2008, by Diana Longrie of the City of Maplewood, a municipal corporation. Notary Public March 10, 2008 15 City Council Meeting Minutes SIGNATURES CITY OF MAPLEWOOD: R. Charles Ahl, Acting City Manager STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2008, by R. Charles Ahl of the City of Maplewood, a municipal corporation. Notary Public Seconded by Councilmember Nephew. Ayes - All The motion passed. 3. Priory Public Improvements, City Project 07-24, Resolution Approving Plans and Authorizing Advertisement for Bids. Councilmember Hjelle moved to approve the resolution approving the project plans and specifications for the Priory Public Improvements, City Project 07-24, and authorizing the receipt of bids with a bid date of April 4, 2008, at 10:00 a.m. RESOLUTION 08-03-029 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on January 14`h, 2008, plans and specifications for Priory Public Improvements, Project 07-24, 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. March 10, 2008 16 City Council Meeting Minutes 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 4th day of April, 2008, 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 April 14`h, 2008. Seconded by Councilmember Nephew. Ayes -All The motion passed. 4. Approval of Spring Clean-Up Event. Councilmember Hjelle moved to approve the 2008 Spring Clean-Up Event scheduled for April 26, 2008, at Aldrich Arena parking lot from 7 a.m. to 2 p.m. Seconded by Councilmember Nephew. Ayes -All The motion passed. 5. County Road D (Southlawn to White Bear Avenue), Resolution Approving Plans and Authorizing Advertisement for Bids. Mayor Longrie moved to approve the resolution requesting Mn/DOT to conduct a speed study for the purpose of decreasing the speed limit on County Road D between Southlawn Drive and White Bear Avenue. RESOLUTION 08-03-030 REQUESTING Mn/DOT TO CONDUCT A SPEED STUDY FOR THE PURPOSE OF DECREASING THE POSTED SPEED LIMIT WHEREAS, the City has previously authorized a speed study for County Road D, between TH 61 and Southlawn Drive, within the city limits as part of the County Road D East Improvements, City Project 02-07, and WHEREAS, Mn/DOT has suggested a lack of uniform speed limit could exist along the corridor if the study is not expanded to include County Rd D between Southlawn Drive and White Bear Avenue. and WHEREAS, Mn/DOT identified that a decrease in the posted speed limit may be appropriate on County Road D between Southlawn Drive and White Bear Avenue, and WHEREAS, State Statute requires the Commissioner of Transportation at Mn/DOT to establish all speed limits following a detailed traffic study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: March 10, 2008 17 City Council Meeting Minutes That the City hereby requests that Mn/DOT conduct a speed study of County Road D between Southlawn Drive and White Bear Avenue for the purpose of considering an appropriate and uniform speed limit for the corridor. Adopted this 10`h day of March, 2008. Seconded by Councilmember Hjelle. Ayes -All The motion passed. 6. Annual Lawful Gambling License -Church of St. Jerome at Dean's Tavern. Councilmember Hjelle moved to approve the Lawful Gambling Resolution for the Church of St. Jerome to operate at Dean's Tavern at 1986 Rice Street. RESOLUTION 08-03-031 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise permit for lawful gambling is approved for the Church of St. Jerome to operate at Dean's Tavern, located at 1986 Rice Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Nephew. Ayes -All The motion passed. J. AWARD OF BIDS None. K. UNFINISHED BUSINESS City Marketing and Advertising, Approval of New Position. a. City Clerk, Citizen Services Director, Karen Guilfoile gave the report. b. City Attorney, Alan Kantrud answered questions of the council. c. Acting City Manager, Chuck Ahl answered questions of the council. Councilmember Rossbach moved to approve the Marketing and Advertising position at the 2008 annual salary range of $46,987 - $60,029 and direct staff to make appropriate budget adjustments as indicated in the staff report to partially fund the position. March 10, 2008 18 City Council Meeting Minutes Seconded by Councilmember Juenemann. The motion passed. Ayes -Councilmembers Juenemann, Nephew &Rossbach Navs -Mayor Longrie, Councilmember Hjelle Mayor Longrie said she voted nay because she preferred to wait until the council heard the staff workshop regarding what other communities do with marketing and advertising. Mayor Longrie also preferred to review a job description for the proposed Marketing and Advertising position. Revision of Rules and Procedures for City Council and Council Meetings Manual. Councilmembers Hjelle and Juenemann decided they no longer want to write articles for the city newsletter. Councilmember Rossbach moved to recommend that no councilmember shall write articles for the city newsletter. The motion died for a lack of a second. Councilmember Rossbach moved to recommend that the city newsletter article schedule be arranged for all Councilmembers to write an equal amount of articles for the city newsletter. The motion died for a lack of a second. Councilmember Nephew moved to recommend that the city newsletter article schedule be divided such that each councilmember has two city newsletter issues to write in a year and the Mavor has four city newsletter issues to write for in a year. A councilmember may have the option to assign their scheduled newsletter article month to any other councilmember or to the Mavor if they so chose. Seconded by Councilmember Hjelle. The motion passed. Ayes - Councilmember Hjelle, Nephew &Rossbach Navs -Mayor Longrie Abstain -Councilmember Juenemann Councilmember Nephew moved to recommend that item K 2 -number 3. A City website or publication must not include pictures or other materials that tend to attribute the website or publication to an individual or group of individuals be further researched by City Attornev. Alan Kantrud for the state statute and be brought back before the council for further discussion. Seconded by Councilmember Hjelle. The motion passed. Ayes -All Councilmember Nephew moved to recommend that the rules state that the parliamentarian is the City Attornev and shall be available to assist the Mavor and the council with matters of order. March 10, 2008 19 City Council Meeting Minutes Seconded by Councilmember Juenemann. The motion passed. Ayes -Councilmembers Hjelle, Juenemann, Nephew, & Rossbach -Mayor Longrie Councilmember Hjelle moved to extend the council meeting past the cun`ew in order to complete the remaining agenda. Seconded by Councilmember Nephew. The motion passed. L. NEW BUSINESS Ayes -Councilmembers Hjelle, Juenemann & Nephew Navs -Mayor Longrie, Councilmember Rossbach Intoxicating Liquor License Manager-Vineeta Greene -Chipotle Mexican Grill. a. City Clerk, Citizen Services Director, Karen Guilfoile gave the report. b. Vineeta Greene, Manager Chipotle Mexican Grill, 2303 White Bear Avenue addressed the council and answered questions of the council. Councilmember Hjelle moved to recommend the change of Manager, Vineeta Greene for the liquor license application for Chipotle Mexican Grill at 2303 White Bear Avenue. Seconded by Councilmember Juenemann. Ayes -All The motion passed. Request for Authorization to Engage Springsted, Inc. to Perform Tax Increment Financing Study. a. Finance Director, Bob Mittet gave the report and answered questions of the council. b. Acting City Manager, Chuck Ahl answered questions of the council. Councilmember Nephew moved to authorize Springsted Incorporated for the TIF study at a cost not to exceed $18,000. Seconded by Councilmember Rossbach. Ayes -All The motion passed. Conditional Use Permit - Xcel Energy Electrical Substation (1480 County Road D). a. Planner, Ken Roberts gave the report and answered questions of the council. i. Dale Trippler, Planning Commission representative gave a report from the Planning Commission. ii. Chris Rogers, Siting and Land Rights Agenda representing Xcel Energy, addressed the council. March 10, 2008 20 City Council Meeting Minutes iii. Dennis Phalen, Supervisor of Vegetation Management for Xcel Energy, addressed and answered questions of the council. iv. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten spoke regarding her strong disapproval of this project due to alleged health concerns. Mayor Longrie moved to approve the resolution approving a conditional use permit for Xcel Energy to have and expand the electrical substation and related electrical system operations and a wood chipping and transfer operation on their property at 1480 County Road D. The city bases this approval on the findings required by the ordinance and is subiect to the following conditions: CONDITIONAL USE PERMIT RESOLUTION 08-03-032 WHEREAS, Mr. Chris Rogers, representing Xcel Energy, applied to Maplewood for a conditional use permit for the expansion of the existing electrical substation and for a wood chipping and transfer operation at 1480 County Road D. WHEREAS, this permit applies to the property on the south side of old County Road D and north and west of new County Road D in Maplewood. The legal description is: Registered Land Survey 262, Subject to Roads, Tract A (PIN 03-29-22-21-0002) WHEREAS, the history of this conditional use permit is as follows: On February 2, 1972, the Maplewood City Council approved a special use permit for NSP (Northern States Power) to construct an electrical substation on the subject property. 2. On February 19, 2008, 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 persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 3. On March 10, 2008, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit revision, 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. March 10, 2008 21 City Council Meeting Minutes 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction and activities on the site shall follow the site and project plans dated January 18, 2008 as approved by the city. City staff may approve minor changes to these plans and the city council must approve major changes to the approved plans. These plans shall include the planting of at least 10 trees on the southeast corner of the site as shown on submitted planting plan. Xcel Energy shall replace any of the trees they plant if they are damaged or die. 2. Any fence over six feet tall requires a building permit issued by the city. The city building official will require the submittal of a structural plan for the proposed fence approved by a registered engineer with the building permit materials. 3. Xcel Energy must start the installation of the new transformer and associated site work within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. Xcel Energy shall prepare an annual report and submit it to the city about the wood chipping and chip removal activities on their site. This report shall include documentation about the dates and amount of materials the contractor removes from the site. 5. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on March 10, 2008. Seconded by Councilmember Rossbach. Ayes -All The motion passed. 4. Concept Plan Review- Legacy Village PUD Changes (Kennard Street and County Road D). a. Rental town house site (Legacy Parkway -Kennard Street to Hazelwood). b. Retail Site (Flandrau Street and County Road D). Councilmember Juenemann moved to table the Concept Plan Review for Legacy Village for the PUD Changes at Kennard Street and County Road D until March 24, 2008, due to the fact that the applicant had to leave the council meeting earlier in the evening. Seconded by Councilmember Nephew. Ayes -All The motion to table passed. March 10, 2008 22 City Council Meeting Minutes 5. MCC: Thermodyne Repair Payment Approval. Councilmember Hjelle moved to approve the transfer of $21,285.93 from the City Surplus Fund to 602-614-4430 Repair and Maintenance of Eauipment. This is to pav Trane for their services. equipment purchased, and labor performed at the MCC in 2007. Seconded by Councilmember Rossbach. Ayes -All The motion passed. 6. Discussion of Expiration of South Maplewood Moratorium. a. Acting City Manager, Chuck Ahl gave the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. c. No action is needed on this item. M. COUNCIL PRESENTATIONS Open Space Referendum Discussion (Councilmember Nephew tabled this item). Congratulations to Hill Murray Hockey Team for winning the AA Minnesota State Hockey Tournament a. Councilmember Rossbach recommended that the city council present the team with a resolution. Staff said this recognition will be done on March 24, 2008. 2. Joint Commission Meeting a. Mayor Longrie announced there will be a joint Commission Meeting with the Council, Boards and Commissions on Tuesday, March 18, 2008, at 6:00 p.m. The subject is Rethinking Maplewood's Approach to Natural Resources -Natural Area Greenways. This presentation will be from Dr. Kim Chapman with Applied Ecological Services. 3. White Bear Avenue/County Road D Project a. Mayor Longrie said business owners in the area spoke to her regarding the reconstruction project with White Bear Avenue and County Road D and the Mayor asked who the best person is to contact with questions regarding this project. Mr. Ahl said that project on White Bear Avenue and County Road D is a Ramsey County project not a City of Maplewood project. Mr. Ahl said the person to speak to is Jerry Auge of Ramsey County about this project. Mayor Longrie said she gave the business owner Mr. Ahl's name and number at the City of Maplewood for further information. 4. Gladstone Phase #1 DNR Trail a. Mayor Longrie said she was watching a commission meeting where the group was discussing ideas regarding how to get a bike trail down Frost Avenue to Highway 61 and over the bridge area. The commission didn't realize that the DNR already has a trail on the other side of the bridge. The Mayor said there is no need to widen the street bridge as they could just make a cut over to it and loop right on to it and get on the trail bridge that is already in place. March 10, 2008 23 City Council Meeting Minutes 5. 3M Orchestra a. Mayor Longrie asked City Clerk, Citizen Services Director, Karen Guilfoile whether 3M Orchestra is allowed to use the MCC Theatre for their needs. Ms. Guilfoile said in January staff met with 3M regarding the agreement for renting the MCC Theatre space for the 3M Orchestra. N. ADMINSTRATIVE PRESENTATIONS None. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:55 a.m. March 10, 2008 24 City Council Meeting Minutes