HomeMy WebLinkAbout02-28-2011
MINUTES
MAPLEWOOD CITY COUNCIL
7:00p.m.,Monday,February 28, 2011
Council Chambers, City Hall
Meeting No.04-11
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:00p.m.by Mayor Rossbach.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Will Rossbach, MayorPresent
Kathleen Juenemann, CouncilmemberPresent
Marvin Koppen, CouncilmemberPresent
James Llanas, CouncilmemberPresent
John Nephew, CouncilmemberPresent
D.APPROVAL OF AGENDA
Councilmember Juenemannmoved to approve the agenda as submitted.
Seconded by Councilmember Llanas.Ayes –All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of February 14, 2011, City Council Workshop Minutes.
CouncilmemberJuenemannmoved to approve the February 14, 2011, City Council Workshop
Minutes as submitted.
Seconded by Councilmember Nephew.Ayes –Mayor Rossbach,
Councilmembers Juenemann,
Koppen and Nephew
Abstention–Councilmember Llanas
The motion passed.
2.Approval of February 14, 2011, City Council Meeting Minutes
Councilmember Juenemannmoved to approve the February 14, 2011, City Council Meeting
Minutes as submitted.
Ayes –Mayor Rossbach,
Councilmembers Juenemann,
Koppen and Nephew
Abstention–Councilmember Llanas
February 28, 2011 1
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Seconded by Councilmember Nephew.
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Life Safety Award –No Report
a.Maplewood Fire Chief, Steve Lukin read a letter regarding Tom Kivel, a citizenwho had
goneinto cardiac arrest at the Maplewood Community Center. Chief Lukin presented Life
Safety Awards to Maplewood Firefighter/Paramedic,PaulEverson and Maplewood
Community Center Massage Therapist, Donna Boyd who assisted in saving Mr. Kivel’s
life.
2.Resolution for the Maplewood Heritage Award to George Rossbach
a.Mayor Rossbach read the resolution and presented the Maplewood Heritage Award to
George Rossbach.
Councilmember Nephewmoved to approve the resolution for the Maplewood Heritage Award to
George Rossbach.
RESOLUTION 11-2-531
FOR THE 2010 MAPLEWOOD HERITAGE AWARD
TO GEORGE ROSSBACH
WHEREAS, George Rossbach has lived in what is now the City of Maplewood since 1926,
was a member and past President of School District 33 of the Arbolado School, was a Cub
Scout Master in 1950, is a World War II Veteran and was a representative for ten years, Vice
Chair in 1997, and Chair in 1998, of the Ramsey County League Of Government for
Maplewood and has served faithfully in that capacity; and
WHEREAS, George Rossbach was a member of the Maplewood Community Design
Review Board from 1983 to 1986 and has served faithfully in that capacity; and
WHEREAS, George Rossbach was a member of the Maplewood Area Historical Society
1999 to Present and has served faithfully in that capacity; and
WHEREAS, George Rossbach was a member of the Maplewood Planning Commission
from 1986 to 1987 and has served faithfully in that capacity; and
WHEREAS, George Rossbach was a member of the Maplewood City Council 1988 to 1997
and served as Mayor in 1998 & 1999 and has served faithfully in those positions; and
WHEREAS, George Rossbach was a member of the Maplewood Historical Preservation
Commission from 2003 to2006 and the Chair in 2006 and has served faithfully in that
capacity; and
WHEREAS, George Rossbach was given the honor of Mr. Maplewood in 2006 by the City
Council and has served faithfully in that capacity; and
WHEREAS, the Heritage Preservation Commission has appreciated his experience,
insights and good judgment; and
WHEREAS, George Rossbach has freely given of his wisdom, time and energy, without
compensation, for the betterment of the City of Maplewood; and
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WHEREAS, George Rossbach has shown dedication to his duties and has consistently
contributed his leadership and effort for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens that George Rossbach is hereby extended the
Maplewood Heritage Award –The Maplewood Heritage Award is an annual award recognizing
an individual who has positively influenced our City’s past or strengthened the preservation of
Maplewood history.
Passed by the Maplewood City Council on February 28, 2011.
______________________________
Will Rossbach, Mayor
Passed by the Maplewood Heritage Preservation Commission onFebruary 28, 2011.
______________________________
Richard Currie, Vice Chairperson
Attest:________________________________
Karen Guilfoile, City Clerk
Seconded by Councilmember Juenemann.Ayes –All
The motion passed.
3.Resolution of Appreciation for Ron Cockriel
a.Mayor Rossbachread the resolution of appreciation for Ron Cockriel with the Maplewood
Heritage Preservation Commission.
Councilmember Nephewmoved to approve the Resolution of Appreciation for Ron Cockriel.
RESOLUTION 11-2-532
OF APPRECIATION
WHEREAS, Ron Cockriel has been a member of the Maplewood Heritage Preservation
Commission for four years and four months since his appointment to the HPC by the city
council on August 28, 2006 and has served faithfully in that capacity; and
WHEREAS, the Heritage Preservation Commission has appreciated his experience,
insights and good judgment; and
WHEREAS, Ron Cockriel has freely given of his time and energy, without compensation,
for the betterment of the City of Maplewood; and
WHEREAS, Ron Cockriel has shown dedication to his duties and has consistently
contributed his leadership and effort for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens that Ron Cockriel is hereby extended our gratitude
and appreciation for his dedicated service.
Passed by the Maplewood
City Council on February 28, 2011
February 28, 2011 3
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____________________________________
Will Rossbach, Mayor
Passed by the Maplewood
Heritage Preservation Commission
On February17, 2011
____________________________________
Richard Currie, Vice Chairperson
Attest:
________________________________
Karen Guilfoile, City Clerk
Seconded by Councilmember Koppen.Ayes –All
The motion passed.
4.Appointment to Fill Police Civil Service Commission Vacancy
a.Assistant City Manager, Public Works Director Chuck Ahl gave a brief report.
CouncilmemberJuenemannmoved to approve filling the Police Civil Service Commission
Vacancy with Jim Meehan serving as the commissioner until December 31, 2011.
Seconded by Councilmember Nephew.Ayes –All
The motion passed.
5.Crowning of Cayla Thomas –Local and National Miss American Rose –No Report
a.Mayor Rossbach read a proclamation and presented Miss Cayla Thomas with a
proclamationas Miss American Rose.
G.CONSENT AGENDA
1.CouncilmemberJuenemann moved to approve agenda items1-13.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
1.Approval of Claims
CouncilmemberJuenemannmoved Approval of Claims.
ACCOUNTS PAYABLE:
$281,766.83Checks #83537thru #83601
Dated 2/1/2011
$ 315,199.69Disbursements via debits to checking account
Dated 01/24/11thru 01/28/11
$503,005.13Checks #83602 thru #83656
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Dated 2/2/11 thru 2/8/11
$ 5,418,986.25Disbursements via debits to checking account
Dated 01/31/11thru 02/04/11
__________________
$ 6,518,957.90Total Accounts Payable
PAYROLL
$562,004.97Payroll Checks and Direct Deposits dated 02/04/11
$ 2,392.75Payroll Deduction check #1009920thru #1009922
dated 02/04/11
___________________
$564,397.72Total Payroll
GRAND TOTAL
$ 7,083,355.62
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
2.Approval for a Temporary Gambling Permit Resolution for Church of St. Pascal Baylon
Councilmember Juenemannmoved toapprove the resolution for a temporary gambling permit for
Church of St. Pascal Baylon, 1757 Conway Street.
RESOLUTION11-2-533
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary premises permit for lawful gambling is approved for the Church of St. Pascal Baylon,
1757 Conway Street, St. Paul, MN 55106 to be used on April 30, 2011at the Maplewood
Community Center, 2100 White Bear Avenue.
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 Mayor Rossbach.Ayes –All
The motion passed.
3.Approval of Temporary Gambling Permit for Church of the Presentation of the Blessed
Virgin Mary and Request to Waive Fees for Carnival/Miscellaneous Permit
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Councilmember Juenemannmoved toapprove the temporary gambling permit resolution for
Church of the Presentation of the Blessed Virgin Mary and Waive Fees for
Carnival/Miscellaneous Permit.
RESOLUTION 11-2-534
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary premises permit for lawful gambling on April 30, 2011 and May 1, 2011 is approved or
the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street,
Maplewood.
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 Mayor Rossbach.Ayes –All
The motion passed.
4.Approval of Maplewood Area Historical Society 2010 Annual Report
CouncilmemberJuenemannmoved toapprove the Maplewood Area Historical Society 2010
Annual Report.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
5.Approval of Resolution Approving Joint Powers Agreement With Bureau of Criminal
Apprehension
Councilmember Juenemannmoved toapprove the Resolution Approving Joint Powers
Agreement with Bureau of Criminal Apprehension.
RESOLUTION 11-2-535
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENT WITH
THE CITY OF MAPLEWOOD ON BEHALF OF ITS POLICE DEPARTMENT
WHEREAS, the City of Maplewood desires to enter into a Joint Powers Agreementwith the State
of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension, to use systems and
tools available over the State's criminal justice data communications network for which the City is
eligible. The Joint Powers Agreementfurther providesthe City with the ability to add, modify and
delete connectivity, systems and tools over the five-year life span of the Agreement and obligates
the City to pay the costs for the network connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, as
follows:
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1. That the State of Minnesota Joint Powers Agreements by and between the State of
Minnesota, acting throughits Department of Public Safety, Bureau of Criminal Apprehension, and
the City of Maplewood, on behalf of its Police Department, are hereby approved. A copy of the
Joint Powers Agreement isattached to this Resolution and made a part of it.
2. That theChief of Police, David J. Thomalla, or his successor, is designated the Authorized
Representative for the Police Department. The Authorized Representative is also authorized to
sign any subsequent Amendment or Agreement that may be required by the State of Minnesota
to maintain the City's connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the Agreement, Lieutenant
Kerry Crotty is appointed as the Authorized Representative's designee.
3. That Will Rossbach, the Mayor for the City of Maplewood, and Karen Guilfoile, the City Clerk,
are authorized to sign the State of Minnesota Joint Powers Agreement.
th
Passed and Adopted by the City Council on this28day ofFebruary,2011.
CITY OFMAPLEWOOD
_________________________________
By: Will Rossbach
Its Mayor
ATTEST:_________________________
By: Karen Guilfoile
Its City Clerk
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
6.Approval of Heritage Preservation Commission 2010 Annual Report
Councilmember Juenemannmoved toapprove the Heritage Preservation Commission 2010
Annual Report.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
7.Approval of Heritage Preservation Commission 2011 Goals
CouncilmemberJuenemann moved toapprove the Heritage Preservation Commission Goals for
2011.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
8.Approval to Update Contract for Electrical Inspections with Summit Inspection Services
CouncilmemberJuenemannmoved toapprove the contract agreement with James Manteufel
DBA, Summit Inspection for Electrical Services with the City of Maplewood.
February 28, 2011 7
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th
This agreement, entered into this 28day ofFebruary, 2011, by and betweenSummit Inspection,
herein referred to as “Contractor,” and the City, Minnesota, herein referred to as “City”;
WITNESSETH:
WHEREAS,
the City requires the services of an electrical inspector to administer the provisions of
Chapter 12, Article X, of its Code of Ordinances and the laws and rules regulating the inspection
of electrical installations in the State of Minnesota as hereinafter more specifically described and,
WHEREAS,
a qualified State of Minnesota electrical inspector, “Contractor,” has offered to
perform such Services and,
WHEREAS
,the City is desirous of and wishes to accept the services of Contractor;
NOW, THEREFORE,
in consideration of the mutual covenants of the parties contained herein,
the parties agree as follows:
1.Contractor shall perform the services of electrical inspectorpursuant to the terms of Chapter
12, Article X, of its Code of Ordinances. Such services shall be available to the City, at the
direction of the Building Official, on an “on call” basis. Contractor shall provide the City with
information necessary to allow for immediate contact when inspection services are required.
Inspections shall be made, as nearly as possible, within twenty-four (24) hours of such
request for inspection. Contractor shall be responsible to maintain all records pertaining to
said inspections. All records are subject to rules regarding government data as contained in
Minnesota Statutes, Chapter 13. Contractor shall provide detailed reports for all inspections
performed and in a timely manner, herein defined as not more than 48 hours following the
physical inspection.
2.Said services shall be performed by Contractor as an “independent contractor,” and not an
employee of the City. Nothing in this Agreement shall imply or create any sort of master-
servant, partnership, limited partnership or joint-venture relationship between the parties. As
Such, Contractor agrees to the following:
a.Contractor shall be free to perform inspections for other entities and engage in such other
business activities as will not conflict with the performance of the services required
pursuant to the City’s Ordinance, State Law or this Agreement.
b.Contractor shall provide at its sole expense all tools, equipment and transportation
necessary to perform the services required pursuant to this Agreement.
c.Contractor shall receive no benefits available to employees of the City nor rights afforded
to them, whether monetary, procedural or otherwise. Specifically, the City shall have no
responsibility to include Contractor in any unemployment compensation or public
employee retirement benefits.
d.Contractor shall provide any worker’s compensation insurance coverage to the extent
required by law.
e.Contractor shall be responsible for all employee-expenses related to the performance of
this Agreement, including but not limited to all Federal and State taxes, withholdings, and
related income taxes.
f.The City, its officers, and employees shall not be deemed to assume any liability for
intentional or negligent acts of the Contractor, and the Contractor agrees to hold harmless
and defendthe City, its public officials, and employees from any and all claims for
damages arising there from, including attorneys’ fees.
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3.All electrical permits shall comply with the administrative provisions for all Minnesota Rules
Chapters 1300 and 1315. Chapter 1315 shall be administered according to Chapter 3800 and
the Minnesota Electrical Act, Minnesota Statues, Sections 326.01, and 326.241 to 326.248.
Provisions of this chapter that do not conflict with the Minnesota Electrical Act also apply.
Payment of fees for performance of electrical inspections performed by Contractor shall be in
the following manner:
a.Eighty percent of the electrical fees received by the City for electrical permits shall be
remitted to the Contractor on a monthly basis. This does notinclude the State
surcharge.
b.Twenty percent of the electrical fees received by the City for electrical permitsand an
administrative feeshall be retained by the City for its administrative services and
costs.
4.Contractor shall maintain general business liability insurance in the amount of $1,000,000.00,
and shall provide evidence that the City is listed as an additional insured on said policy for the
duration of this Agreement’s active life.
5.During the life of this Agreement, the City may at any time request proof of insurance and
bonding required. If in City’s opinion required insurance is not being maintained the City may
terminate the Agreement without liability whatsoever upon written notice to the Contractor.
6.Upon the failure of Contractor to perform the services contemplated pursuant to the terms of
this Agreement or to the satisfaction of the City Building Official, the City may immediately
terminate this Agreement without liability whatsoever upon written notice to the Contractor.
7.In the event of termination or expiration of this Agreement, all materials (including, without
limitation, content articles, documents, drawings, models, apparatus, sketches, and lists)
furnished to Contractor by City, whether delivered to Contractor by City or made by
Contractor in the performance of services under the Agreement (collectively referred to as the
"City Property") are deemed the sole and exclusive property of City and/or its suppliers or
customers. Contractor agrees to keep all City property at City'spremises unless otherwise
permitted in writing by City. Contractor agrees to promptly deliver the original and any copies
of the City Property to City at any time upon City's request. Upon termination of the
Agreement by either party for any reason, Contractor agrees to promptly deliver to City or
destroy, at City's option, the original and any copies of the City Property. Within five (5) days
after the termination of the Agreement, Contractor agrees to certify in writing that Contractor
has so returned or destroyed all such City Property.
8.This Agreement shall be in effect for the calendar year 2011, and shall be automatically
renewed upon the same term for an additional calendar year unless either party gives written
st
notice of termination of the contract thirty (30) days prior to January 1of each year.
9.Any notice required by this Agreement shall be sent by first class mail as follows:
TO CITYTO CONTRACTOR
Cityof MaplewoodSummit Inspection
1830 East County Road B4172 Summit Lane
Maplewood, MN 55109White Bear, MN 55110
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10.If any provision of this Agreement shall be invalid or unenforceable, the remainder thereof
shall continue in full force and effect. The parties agree that Minnesota Law will govern any
disputes that arise from the duties and obligations contemplated herein.
11.The waiver by City of a breach of any provision of the Agreement by Contractor shall not
operate or be construed as a waiver of any other or subsequent breach by Contractor.
12.This Agreement and the rights secured thereby shall not be assigned or transferred to any
other person, entity or party. The death, incapacity or termination of either party shall act as
an automatic termination of this Agreement without liability whatsoever to the other party.
13.This Agreement cancels and terminates, as of its effective date, all prior agreements between
the parties, whether written or oral or partly written or partly oral. This Agreement may be
amended or modified by written instrument, executed by the parties, and captioned,
“Amendment to Contract Agreement with Summit Inspection.”
IN WITNESS WHEREOF,
the parties hereto have signed below as their free voluntary and
knowing act.
DATED______________________________________________________________________
, MAYOR
DATED______________________________________________________________________
, CITY MANAGER
DATED______________________________________________________________________
,CONTRACTOR
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
9.Approval to Update Time Capsule Location at City Hall
Councilmember Juenemannmoved toapprove updating the location of the time capsule at city
hall.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
10.Approval for CarMax and Mogren Retail Addition –Conditional Use Permit Review,
Highway 61
CouncilmemberJuenemannmoved toapprove the CarMax conditional use permit and the
Mogren Retail Addition planned unit development which shall be reviewed again in one year.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
11.Approval of Conditional Use Permit Review –3M Leadership Development Institute, 2350
Minnehaha Avenue
Councilmember Juenemannmoved toapprove the conditional use permit for the 3M Leadership
Development Institute at 2350 Minnehaha Avenue which shall be reviewed again in one year to
February 28, 2011 10
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ensure that the native plantings are established, rainwater gardens function properly, and that all
other required exterior improvements are maintained.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
12.Approval of Conditional Use Permit Review –Bruentrup Heritage Farm, 2170 County Road
D
Councilmember Juenemannmoved toapprove the conditional use permit for Bruentrup Heritage
Farm, 2170 County Road Dand it shall be reviewed in one year to ensure all conditions are being
met and to review the status of the master plan.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
13.Approval of Fire Department Making a Donation to Station Three’s (formerly Parkside Fire)
Ladies Auxiliary
Councilmember Juenemannmoved toapprove the $200donation from the charitable gambling
reserve fund to Station three’s (formerly Parkside Fire) Ladies Auxiliary.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
H.PUBLIC HEARING
1.Consider Approval of Grant Application for Fish Creek LandAcquisition
a.Natural Resources Coordinator, GinnyGaynorgave the report on the grant application for
fish creek landacquisition and answered questions of the council.
b.Park and Recreation Director, DuWayne Konewko answered questions of the council.
Mayor Rossbach opened the public hearing.
1.Ginny Yingling, Maplewood.
2.Carolyn Peterson, Maplewood.
3.Charlotte Wasiluk, Maplewood.
4.Ron Cockriel, Maplewood.
5.Joe Bailey, Maplewood.
Mayor Rossbach closed the public hearing.
Councilmember Nephewmoved toapprove the resolution of city’s intent to apply for a Natural
and Scenic AreaGrant to help fund acquisition of land in the Fish Creek Natural Area Greenway.
RESOLUTION 11-02-538
OF CITY’S INTENT TO APPLY FOR A NATURAL AND SCENIC AREA GRANT FOR LAND
ACQUISITION IN FISH CREEK GREENWAY
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WHEREAS
the City of Maplewood is eligible to apply for a Natural and Scenic Area Grant through the
Minnesota Department of Natural Resources, prior to the application deadline of March 31, 2011; and
WHEREAS
the city is seeking funding to acquire land in the Fish Creek Natural Area Greenway; and
WHEREAS
the proposed land acquisition meets the purposes and criteria of the Natural and Scenic
Area Grant proposal guidelines;
NOW THEREFORE BE IT RESOLVED
that:
1.City of Maplewood act as legal sponsor for the project contained in the Natural and Scenic Area
Grant Program Application to be submitted by March 31, 2012 and that the Parks and Recreation
Director is hereby authorized to apply to the Department of Natural Resources for funding of this
project on behalf of City of Maplewood; and
2.City of Maplewood has the legal authority to apply for financial assistance, and financial capability
to meet the match requirement and ensure adequate management and protection; and
3.City of Maplewood has not incurred any development costs described on Item 4 and has not
entered into a written purchase agreement to acquire the property described on Item 4; and
4.Upon approval of its application by the state, City of Maplewood may enter into an agreement
with the State of Minnesota for the above-referenced project, and that City of Maplewood certifies
that it will comply with all applicable laws and regulations as stated in the grant agreement
including dedicating the park property for natural and/or scenic uses into perpetuity; and
5.The Parks and Recreation Director is hereby authorized to execute such agreements as are
necessary to implement the project on behalf of the applicant.
th
Adopted this 28day of February, 2011.
SIGNED: WITNESSED:
___________________________________________________________
Will Rossbach, MayorKaren Guilfoile, City Clerk
____________________________________________________________
DateDate
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
I.UNFINISHED BUSINESS
1.Maplewood Historical Society, Memorandum of Understanding, Lease agreement
Between the Bruentrup Farm and the Maplewood Community Center
a.Planner, Michael Martin gave the report and answered questions of the council.
1.Robert Overby, St. Paul,spokeon behalf of the Maplewood Historical Society.
Mr. Overby said Pete Boullet will give a presentation regarding the history of the
Village of Maplewood. This presentation will be done in conjunction with Ramsey
County Libraries and the Maplewood Historical Society at the Ramsey County Library
Tuesday, May 3, 2011, at 7:00 p.m. to celebrate National History month. The cable
station will be recording the presentation.
Councilmember Juenemannmoved toapprove the Draft Consent to Use Agreement with the
Maplewood Area Historical Society. This agreement assures the Maplewood Area Historical
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Society use of the Maplewood Community Center for its annual fundraising event and the city
occasional use of the Bruentrup Heritage Farm.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
J.NEW BUSINESS
1.Approval of Joint Powers Agreement Between Ramsey County, the Ramsey-
Washington Metro Watershed District and the City of Maplewood for Fish Creek
Acquisition
a.Park and Recreation Director, DuWayne Konewko gave the report regarding the Joint
Powers Agreement between Ramsey County, the Ramsey-Washington Metro Watershed
District and the City of Maplewood for Fish Creek Acquisition and answered questions of
the council.
Councilmember Juenemannmoved toapprove the Joint Powers Agreement between Ramsey
County, Ramsey-Washington Metro Watershed District and the City of Maplewood for the
Preservation of the Fish Creek Corridor.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
2.Set Public Hearing Date to Adopt a Resolution of Intent to Begin the Collection System
Analysis Planning Phase
a.Environmental Planner, Shann Finwall gave the report on the collection system analysis
planning phaseand answered questions of the council.
b.City Manager, James Antonen addressed and answered questions of the council.
Mayor Rossbach asked if anyone wanted to address the council regarding this item.The
following people addressed the council:
1.Anne Fosburgh, Maplewood.
2.Douglas Carnival, St. Paul with the Solid Waste Management System.
3.Gene Wegleitner, Gene’s Disposal.
Mayor Rossbachmoved toapprove calling for a public hearing for March 28, 2011. The purpose
of the public hearing is to take testimony from all interested parties on the city’s proposal to begin
the Collection System Analysis planning phase, and to adopt a resolution of intent to begin the
Collection System Analysis planning phase.
Seconded by CouncilmemberJuenemann.Ayes –Mayor Rossbach,
Councilmembers Juenemann,
Llanas and Nephew
Nay
–Councilmember Koppen
The motion passed.
3.Conditional Use Permit Revision –Ramsey County Family Services Center
a.Planner, Michael Martingave the report and answered questions of the council.
b.Planning Commissioner, Tanya Nuss gave the planning commission report.
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Councilmember Nephewmoved toapprove the conditional use permit revision for the Ramsey
County Family Services Center, located at 2001 Van Dyke Street, to increase the number of
persons served in the facility from 55 to 65 (additions are underlined):
CONDITIONAL USE PERMIT REVISION
RESOLUTION11-2-536
WHEREAS, the Ramsey County Community Human Services Department, applied for a conditional
use permitrevisiontoincrease the allowed capacity of the Ramsey County Family Services Center
from 55 to 65 persons that they serve.
WHEREAS, Section 44-1092(1) requires a conditional use permit for public service and public
building uses and Section 44-1092(3) requires a CUP for philanthropic and charitable uses.
WHEREAS, this permit applies to the property located at 2001 Van Dyke Street. The legal
description is:
SUBJ TO AVE THE W 620 FT OF N 438 FT OF SW ¼ AND W 620 FT OF S 235 8/10 FT OF NW ¼
ALSO N 52 FT OF S287 FT OF W 160 05/100 SD NE ¼ ALL IN SEC 14 TN 29 RN 22
AND
SUBJ TO AVES AND ESMTS AND EX W 620 FT OF N 438 FT THE W 810 FT OF N ½ OF SW ¼ OF
SEC 14 TN 29 RN 22.
WHEREAS, the history of this conditional use permit is as follows:
1.On February 15, 2011,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 report and recommendation of city staff. The
planning commission recommended that the city council approve this permit.
2. On February 28, 2011, the city council considered reports and recommendations ofthe city
staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city councilpassedthe 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 this Code.
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 not exceed the design standards of any affected street.
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.
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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 no more than minimal adverse environmental effects.
Approval is subject to the following conditions(additions are underlined):
1.All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2.The proposed construction must be substantially started within one year of council approval or
the permit shall become null and void. The council may extend this deadline for one year.
3.The city council shall review this permit in one year.
4.The county shall add more parking to the site if the city council deems it necessary.
5.The allowed capacity of the facility shall be to provide shelter for 65 persons.There shall be no
increase in size or capacity of the structurewithout city council approval.
6.The county shall assume financial responsibility for all services provided to the residents of the
shelter that would normally be charged to the citizens (example: ambulance and paramedic
runs).
7.All elements of the listed Emergency Housing Program Parameters shall remain in force unless a
change is agreed to by the city council at a subsequent CUP review.
8.Ramsey County agrees to spend at least $70,000 on improvements to the county fairgrounds and
campus such as new lighting, a sign plan, a pedestrian/traffic safety plan and staff/consultant time
for working on grants for the restoration of the county barn. All such plans or improvements shall
be reviewed and approved by city staff. It is further requested that the County Fair Board review
and comment on improvements on the campus. Ramsey County also shall donate $70,000 to
Maplewood for building repair or improvements at the Bruentrup Farm at 2170 County Road D.
The county shall make this payment to Maplewood by October 1, 2001, unless the city council
agrees to a time extension.
9.Parking spaces on the north side of the designated east-west Van Dyke Streetshall be
redesigned in accordance with the concerns of the Fair Board in the use of this area. The new
layout shall meet with the approval of the Fair Board and the city. Each year at a prearranged
time before and during fair week, all these new parking areas shall be evacuated from the use of
the Fair Board at their discretion, if the use of these is to be an advantage to them.
10.If at the time the city council determines there is a need, the county will contract for, or provide
from their own staff, security patrols in the complex bounded by the Willard Munger Trail, White
Bear Avenue, Ripley Street and the Goodrich Golf Course. Times and extent of the patrol will be
established at that point in time.
11.The conditional use permit shall be reviewed annually and, if in the opinion of the city council, any
evidence of negative repercussion to the area, or valid reasonthat the facility has caused undue
hardship to the residents, the city may revoke the conditional use permit with no financial
obligation to the city and the normal amortization process would not apply. The county would
then have one hundred and twenty (120) days to cease operations as a homeless shelter and
February 28, 2011 15
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devote the structure to an acceptable planned backup use such as elderly care.
12.Ramsey County shall be responsible for the maintenance and plowing on the sidewalk along
White Bear Avenue from the county facilities to the Gateway Trail. The city may take over the
snow removal based upon an agreeable arrangement with the county, subject to the approval of
the city engineer.
The Maplewood City Council passedthis resolution on February 28, 2011.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
4.Rezoning of All Open Space and Park Properties
a.Planner, Michael Martin gave the report and answered questions of the council.
b.Planning Commissioner, Tanya Nuss gave the planning commission report.
Councilmember Nephewmoved toapprove the rezoning of the properties throughout the City of
Maplewood guided by the 2030 Comprehensive Plan as either open space or park and publicly-
owned OSP (open space and parks).
REZONING RESOLUTION 11-2-537
WHEREAS
,the City of Maplewood city council directed city staff topropose severalchangesto
the city's zoning map affecting all publicly-owned open space and park parcels;
WHEREAS
,thezoning map changesto OSP (open space and parks) applies to properties
located throughout the city of Maplewood. The property identification numbers identifying the individual
affected properties are:
PIN 042922320021
PIN 363022330001PIN 022922130035
PIN 012922140001PIN 022922330009PIN 042922440038
PIN 012922110002PIN 022922340015PIN 092922210001
PIN 092922120007
PIN 012922140003PIN 022922330016
PIN 012922230005PIN 022922330012PIN 042922320041
PIN 012922230001PIN 022922340016PIN 042922120072
PIN 042922430001
PIN 112922210022PIN 022922340012
PIN 042922120078
PIN 032922310002PIN 022922330010
PIN 022922110009PIN 022922330011PIN 092922340001
PIN 092922430040
PIN 032922310001PIN022922340032
PIN 092922430041
PIN 112922210026PIN 032922110011
PIN 022922130034PIN 112922240007PIN 092922430015
PIN 022922240002PIN 112922210027PIN 092922340004
PIN 032922410009PIN 112922220016PIN 092922340005
PIN 032922440001PIN 112922210030PIN 162922220016
PIN 032922440012PIN 112922240006PIN 162922120001
PIN 102922230001
PIN 022922120034PIN 092922310007
PIN 102922240078
PIN 032922410006PIN 162922220021
PIN 032922410007PIN 112922220026PIN 162922110096
PIN 032922440004PIN 042922320037PIN 162922110097
PIN 042922320025
PIN 032922440005PIN 092922240044
PIN 032922440008PIN 042922430002PIN 012922120003
PIN 032922440009PIN 042922320027PIN 012922140002
PIN 042922320019
PIN 022922130033PIN 012922130016
February 28, 2011 16
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PIN 112922220018PIN 252922120149PIN 162922320002
PIN 252922120111PIN 162922410036
PIN 032922430022
PIN 252922120102PIN 172922410035
PIN 032922410010
PIN 022922120001PIN 252922120106PIN 162922240003
PIN 022922120033PIN 252922120145PIN 162922320004
PIN 252922120108PIN 162922230003
PIN 022922130031
PIN 022922340011PIN 252922120120PIN 162922330001
PIN 022922330001PIN 252922120122PIN 162922420077
PIN 252922120138PIN 162922420067
PIN 022922330004
PIN 252922120128PIN 182922410023
PIN 022922330005
PIN 022922340013PIN 252922120137PIN 172922240023
PIN 172922230072
PIN 022922330018PIN 252922120113
PIN 172922230058
PIN 102922140053PIN 252922120151
PIN 112922210029PIN 252922120112PIN 122822310001
PIN 112922210019PIN 252922120110PIN 122822210001
PIN 012822340001
PIN 142922210030PIN 252922120099
PIN 122822320010
PIN 042922440039PIN 252922120143
PIN 162922210001PIN 252922120142PIN 122822130079
PIN 242922120020
PIN 172922110088PIN 252922120119
PIN 242922110004
PIN 092922230027PIN 252922120136
PIN 132922320089PIN 252922120125PIN 242922120042
PIN 132922410001PIN 252922120129PIN 252922220007
PIN 132922420018PIN 252922120130PIN 252922220006
PIN 242922120019PIN 252922120133PIN 252922220005
PIN 242922120044PIN 252922120134PIN 252922120147
PIN 242922120045PIN 242922230114PIN 252922120146
PIN 242922120046PIN 252922120079PIN 252922120104
PIN 242922120047PIN 252922230004PIN 252922120105
PIN 242922120043PIN 252922230002PIN 252922120121
PIN 242922120048PIN 252922230007PIN 252922220009
PIN 242922230113PIN 242922310004PIN 252922120132
PIN 242922420003PIN 252922210029PIN 252922120135
PIN 242922120018PIN 152922310123PIN 252922120123
PIN 252922220001PIN 152922430022PIN 252922230001
PIN 252922120152PIN 152922340020PIN 132822340052
PIN 252922220002PIN 152922310122PIN 242822130003
PIN 252922220004PIN 152922340030PIN 242822110002
PIN 252922220003PIN 142922240002PIN 242822210004
PIN 252922120150PIN 252922420028PIN 242822230005
PIN 252922120148PIN 252922420029PIN 242822240007
PIN 252922120103PIN 252922410041PIN 242822330001
PIN 252922120107PIN 252922410046PIN 242822210009
PIN 252922120144PIN 252922410040PIN 242822310007
PIN 252922120101PIN 252922410045PIN 242822120002
PIN 252922120109PIN 252922310025PIN 152922230001
PIN 252922120100
PIN 362922110065PIN 252922420030
PIN 252922120140
PIN 012822420001PIN 252922410044
PIN 252922120141PIN 012822240002PIN 252922410043
PIN 252922120139PIN 012822320004PIN 252922410042
PIN 252922120124
PIN 012822410007PIN 362922330001
PIN 252922120127PIN 012822410006PIN 012822220001
PIN 252922120131PIN 012822310001PIN 012822320005
PIN 252922120126
PIN 012822240003PIN 012822210019
PIN 252922230003
PIN 252922310032PIN 162922220017
PIN 252922120153PIN 162922230007PIN 162922230001
PIN 252922120114PIN 162922230006
PIN 162922230002
February 28, 2011 17
City Council MeetingMinutes
PIN 162922430056PIN 132822120027PIN 102922430046
PIN 162922430024PIN 132822120028PIN 102922430116
PIN 162922320001PIN 132822120030PIN 142922310001
PIN 162922220018PIN 102922430021PIN 102922430047
PIN 162922130002PIN 102922430022PIN 102922430050
PIN 122822440002PIN 102922430049
PIN 092922320003PIN 102922430051
PIN 242822230006PIN 102922430024
PIN 132822120029PIN 102922430045
WHEREAS
,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan
that classified the land use plan guide for the above referenced properties as either open space
or park.
WHEREAS
, the history of this change is as follows:
1.OnFebruary 15, 2011, theplanning commission held a public hearingto consider this
rezoning. The city staff published a hearing notice in the Maplewood Review. The
planning commission gave everyone at the hearing a chance to speak and present written
statements prior to their recommendation.
2.On February 28,2011, the city council discussed the proposed zoning map change. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED
that the city council passedthe above-described
change in the zoning map based on the council’s desire to have all publicly-owned open space
and parks parcels zoned to a single district.
The Maplewood City Council passedthis resolution on February 28, 2011.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
K.VISITOR PRESENTATIONS
1.Dave Schelling, Maplewood.Mr. Schelling gave his opinion regarding a past council report in
January on the Collection System Organization and his disapproval of bullet points that were
listed in the staff report.
2.Tim Kinley, Maplewood.Mr. Kinley sharedhis opinion that the city is forcing opinions on
others. He was upset that his comments during visitor presentations from a January city
council meeting were replayed during a Human Rights Commission meeting.
L.AWARD OF BIDS
1.Award of Bid for the Maplewood Nature Center Solar Collector Improvements
a.Environmental Planner, Shann Finwall gave the report on the Maplewood Nature Center
solar collector improvements and answered questions of the council.
Councilmember Koppenmoved toapprove awarding theNature Center Solar Collector
Improvement bid to Killmer Electric Co., Inc., for $12,557.15. Additional components of the project
will include a mobile solar energy unit, solar educational display, and energy efficiency upgrades
for the Nature Center. Therequired $10,000 match towardthe overall project will come from the
Nature Center and Open Space operating account and the Capital Improvement Projects Fund
(2011 budget parks projects).
February 28, 2011 18
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Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
M.ADMINISTRATIVE PRESENTATIONS
None.
N.COUNCIL PRESENTATIONS
None.
O.ADJOURNMENT
Mayor Rossbachadjourned the meeting at 9:35p.m.
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