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Home My WebLink About12-13-2010 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,December 13, 2010 Council Chambers, City Hall Meeting No.25-10 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 at 7:15 p.m. Kathleen Juenemann, CouncilmemberPresent Marvin Koppen, CouncilmemberPresent James Llanas, CouncilmemberPresent Absent John Nephew, Councilmember D.APPROVAL OF AGENDA The following items were added to the agenda by the city council: F2.Snow Report–Mayor Rossbach N1.Local Businesses–Councilmember Llanas N2.Snow Removal–Councilmember Llanas CouncilmemberLlanasmoved toapprove the agenda as amended. Seconded by Councilmember Koppen.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of November 15, 2010, Council Manager Workshop Minutes Councilmember Llanasmoved toapprove the November 15, 2010, city council workshop minutes as submitted. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 2.Approval of November 22, 2010, Council Manager Workshop Minutes December 13, 2010 1 City Council MeetingMinutes Mayor Rossbachmoved toapprove the November 22, 2010, city council workshop minutes as submitted. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 3.Approval of November 22, 2010, City Council Meeting Minutes CouncilmemberLlanasmoved toapprove the November 22, 2010, city council meeting minutes as submitted. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 4.Approval of November 29, 2010, Council Manager Workshop Minutes Councilmember Koppenmoved toapprove the November 29, 2010, city council workshop minutes as submitted. Seconded by Mayor Rossbach.Ayes –Mayor Rossbach & Councilmember Koppen Abstention –Councilmember Llanas The motion passed. F.APPOINTMENTS AND PRESENTATIONS SNOW UPDATE –City Engineer, Deputy Public Works Director, Michael Thompson gavean update regarding the snow removal and snow plowing over the weekend. 1.Commissioner Appointments a.Planning Commission b.Police Civil Service Commission c.Business & Economic Development Commission 1.Assistant City Manager, Public Works Director, Chuck Ahl gave the update. CouncilmemberJuenemannmoved toapprove the resolution appointing the candidates to the commissions. RESOLUTION10-12-503 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Planning Commission -Tuschar Desai; term expires December 31, 2013 -Joe Boeser; term expires December 31, 2013 -Lorraine Fischer; term expires December 31, 2013 December 13, 2010 2 City Council MeetingMinutes Police Civil Service Commission -Debra Birkholz; term expires December 31, 2013 Business & Economic Development Commission -Christine Novak; term expires September 30, 2011 -Warren Wessel; term expires September 30, 2011 Seconded by CouncilmemberKoppen.Ayes –All The motion passed. G.CONSENT AGENDA 1.Councilmember Juenemannmoved to approve items1-16 and 19. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 2.Mayor Rossbach moved to approve item17. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 3.Mayor Rossbach moved to approve item18. Seconded by CouncilmemberJuenemann.Ayes –All Nay –Councilmember Koppen The motion passed. 1.Approval of Claims CouncilmemberJuenemannmoved Approval of Claims. ACCOUNTS PAYABLE: $ 1,858,794.98Checks #82960thru #83032 Dated 11/17/10 thru 11/23/10 $ 347,773.02Disbursements via debits to checking account Dated 11/15/10 thru 11/19/10 $ 1,189,557.01Checks #83033thru #83056 Dated 11/30/10 $ 119,559.28Disbursements via debits to checking account Dated 11/22/10thru 11/26/10 __________________ $ 3,515,684.29Total Accounts Payable PAYROLL December 13, 2010 3 City Council MeetingMinutes $505,601.75Payroll Checks and Direct Deposits dated 11/26/10 $ 2,392.75Payroll Deduction check #1009683thru #1009685 dated 11/26/10 ___________________ $507,994.50Total Payroll GRAND TOTAL $ 4,023,678.79 Seconded by CouncilmemberLlanas.Ayes–All The motion passed. 2.Approval of Lawful Gambling License for Hill-Murray Mothers’ Club at 5-8 Tavern & Grill Councilmember Juenemannmoved toapprove the resolution for the Lawful Gambling license for Hill-Murray Mothers’ Club at 5-8 Tavern & Grill. RESOLUTION10-12-504 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Hill-Murray Mothers Clubto operate at 5-8 Tavern & Grill, located at 2289 Minnehaha Avenue, 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 license 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 CouncilmemberLlanas.Ayes –All The motion passed. 3.Approval of Resolution Accepting Donation to the Fire Department fromNadeau Family Councilmember Juenemann moved toapprove the resolution for the $1,520 donation in memory of the Nadeaus and that the necessary budget adjustments be made to the 2010 EMS fund 606- 403-4160 to reflect this donation. RESOLUTION 10-12-505 AUTHORIZING GIFT TO CITY December 13, 2010 4 City Council MeetingMinutes WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, The Nadeau Family wishes to grant the city of Maplewood a check in the amount of $1,520, and; WHEREAS, The Nadeau Family has instructed that the City will be required to use the aforementioned for: use by the fire department to directly improve their service to the community, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood CityCouncil passed this resolution by four-fifths or more majority vote of its membership on December 13, 2010. Signed:Signed:Witnessed: ___________________________________________________________________________ (Signature)(Signature)(Signature) Mayor____ Chief of Fire City Clerk_________________ (Title)(Title)(Title) ___________________________________________________________________________ (Date)(Date)(Date) Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 4.Approval of Resolution Accepting Donation to the Police Department from Residential Mortgage Group Councilmember Juenemannmoved toapprove the resolution to accept the $100 donation to the police department from Residential Mortgage Group. RESOLUTION 10-12-506 AUTHORIZING GIFT TO CITY December 13, 2010 5 City Council MeetingMinutes WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Residential Mortgage Group (RMG) wishes to grant the City of Maplewood the following: $100, and; WHEREAS, Residential Mortgage Grouphas instructed that the City will be required to use the aforementioned for: use by the Police Department to directly improve the community where the donators will be living, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a super majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by a super majority vote of its membership on December 13, 2010. Signed:Signed:Witnessed: __________________________________________________________ (Signature)(Signature)(Signature) Mayor______________Chief of Police_________City Clerk____________ (Title)(Title)(Title) ____________________________________________________________ (Date)(Date)(Date) Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 5.Request Approval to Enter into Two Agreements withBrodin Studios CouncilmemberJuenemannmoved toapprove entering into two agreements with Brodin Studios for the production of a “Bas Relief Portrait Plaque” and “Call to Duty Sculpture” as a memorial to Sergeant Joseph Bergeron and the officers of the Maplewood Police Department. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 6.Approval of 2011 Animal Control Contract CouncilmemberJuenemannmoved toapprove the 2011 Animal Control Contract. December 13, 2010 6 City Council MeetingMinutes Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 7.Fall 2010Clean Up Event Summary CouncilmemberJuenemannmoved toapprove the Fall 2010 Clean Up Event Summary. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 8.Approval of Conditional Use Permit Review, Liberty Classical Academy and First Evangelical Free Church, 2696 Hazelwood Street Councilmember Juenemannmoved toapprove the CUP for the PUD at 2696 –2730 Hazelwood Street and it shall be reviewed again if a major change is proposed or a problem arises. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 9.Approval of Conditional Use Permit Review, T-Mobile Tower –Harmony Learning Center, 1961 County Road C East CouncilmemberJuenemannmoved tothe CUP for T-Mobile Tower –Harmony Learning Center, 1961 County Road C East, and it shall be reviewed again in one year. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 10.Approval of Commercial Use Antennas and Towers Ordinance Amendment –Second Reading CouncilmemberJuenemannmoved toapprove the changes to the Commercial Use Antennas and Towers Ordinance as recommended by the Planning Commission. ORDINANCE 910 AN ORDINANCE AMENDING THE COMMERCIAL USE ANTENNAS AND TOWERS REQUIREMENTS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1 . Additions are underlined and deletions are crossed out: Section 44-1327. Communication towers proposed in residential districts. No person shall build or install a tower in a residential zoning district without obtaining a conditional use permit from the city council. Such a tower shall be subject to,but not limited to, the following conditions: Section 44-1330. Removal of abandoned or damaged towers. December 13, 2010 7 City Council MeetingMinutes Any tower and/or antenna that is not used for one yearshall be deemed abandoned and shall may be required tobe removed in the same manner and pursuant to the same procedures as for dangerous or unsafe structures established by Minn. Stats. §§ 463.15—463.26. Section 2. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance amendment on December 13, 2010. __________________ Attest:Mayor __________________ City Clerk Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 11.Design Approval –The Woodlands of Maplewood –Sophia Avenue, East of McMenemy Councilmember Juenemann moved toapprove the new building elevations and landscape plans date-stamped November 9, 2010 and approve the previous September 12, 2005, site plan and grading and drainage plans for the Woodlands of Maplewood townhouses on the east side of McMenemy Street north of Kingston Avenue. The city bases this approval on the findings required by the code. The developer or contractor shall dothe following: 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.Complete the following before the city issues a building permit: a. Comply or continue compliance with all engineering requirements as outlined in 2A of the May 22, 2007 community design review board’s minutes. b.Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c.Submit revised building elevations and a landscape plan to staff for approval that incorporates the following details: (1)All lawn areas shall be sodded. The city engineer shall determine the vegetation within the ponding area. (2)The addition of eight-foot-tall trees (Black Hills spruce or Austrian pines)and/or fencing for screening along the west and south sides of the site. (3)The developer shall install landscaping in the ponding areas to break the appearance of the deep hole and to promote infiltration. Such landscaping shall be approved by the city engineer and shall be shown on the project landscape plans. (4)Showing in-ground irrigation, including the location of the sprinkler heads, for all landscape areas (code requirement). (5)The plantings proposed around the front of the units shown on the landscape plan date-stamped November 9, 2010, shall remain on the plan. December 13, 2010 8 City Council MeetingMinutes (6) A concrete walk from the driveway to the door of each unit. (7) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the gardens. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (8) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (9) The contractor shall restore the McMenemy Street and Kingston Avenue boulevards with sod. (10)Shall be approved by the city engineer before site grading and shall be consistentwith the approved grading and landscape plans. (11)Shows in detail the landscape or ground treatment for the areas between the driveways of the double dwellings. (12)Per staff approval, the landscaping plan shall be revised to show adequate screening between units and of the mechanical equipment associated with each unit. (13)Building elevations shall be revised to show shared ridge vents as allowed by building code. The front building elevations shall be revised to show the thin cut stone used on the garages be limited in height to the level of the wainscoting location also on the front elevations. (14)All twin homes shall be of the same color. (15)The developer shall use no more than three home colors throughout the development and all units must share the same shingle color. d.Show that Ramsey County has recorded the final plat for this development. e.Get the necessary approvals and permits from the watershed districts. f.Submit a site lighting plan for city approval. This plan shall show the existence of the seven street lights and how the lighting on the buildings would add to the site lighting. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and from adjacent residential properties. g.Have the Saint Paul Regional Water Services approve the proposed utility plans. h.The developer or builder will pay the city Park Availability Charges (PAC fees) at the time of the building permit for each housing unit. i.Submit the homeowners’ association bylaws and rulesto the city for approval by the city staff. These are to assure that there will be one responsible party for the care and December 13, 2010 9 City Council MeetingMinutes maintenance of the common areas, outlots, the private utilities, trails, sidewalks, signs, landscaping and retaining walls. j. Providethe city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3.Complete the following before occupying each building: a.Replace property irons that are removed because of this construction. b.Restore and sod damaged boulevards and sod all turf areas. c.Complete all landscaping and turf irrigation for that building and its rainwater garden(s). d.Install the required concrete curb and gutter. e.Install a reflectorized stop sign at the exits onto McMenemy Street and addresses on each building for each unit. In addition, the applicant shall install “no parking” signs within the site, as required by staff. f.Install and maintain all required trees and landscaping (including the plantings around each unit and around the pond) and an in-ground sprinkler system for all landscaped areas (code requirement). g.Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. h.Install a six-foot-high solid screening fence or additional eight-foot-high trees along the west and south property lines of the site where the vegetation does not adequately screen the town houses from the existing dwellings. These additional materials are to ensure there is at least a six-foot-tall, 80 percent opaque screen on these sides of the site. The location, design and materials of the fence or the additional landscaping shall be subject to city staff approval. i.The developer or contractor shall: (1)Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2)Place temporary orange safety fencing and signs at the grading limits. (3)Remove any debris or junk from the site. 4.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to the public health, safety or welfare. b.The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5.All work shall follow the approved plans. The director of community development may approve minor changes. December 13, 2010 10 City Council MeetingMinutes 6.Provide a sign and landscape plan for the entrance and island at McMenemy Street for city staff approval. The monument sign shall be no more than six feet tall and shall have materials that are consistent with and architecturally compatible with the buildings within the development. The landscaping shall be compatible with the extreme conditions of the location and the materials shall need little or no maintenance. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 12.Approval of Final Plat –The Woodlands of Maplewood Second Addition (Sophia Avenue, East of McMenemy Street) Councilmember Juenemann moved toapprove the final plat for The Woodlands of Maplewood Second Addition date-stamped October 20, 2010. This approval is subject to the county recording the deeds, deed restrictions and homeowner’s association documents required by the city and the developer meeting all the conditions of the city engineer. Seconded by Councilmember Llanas.Ayes –All The motion passed. 13.Approval of Resolution Ordering Transfer of Funds for Sanitary Sewer Main Televising the Woodlands of Maplewood, Project 05-04 Councilmember Juenemannmoved toapprove the resolution ordering the transfer of funds for sanitary sewer main televising for The Woodlands of Maplewood, Project 05-04. RESOLUTION 10-12-507 ORDERING TRANSFER OF FUNDS FOR SANITARY SEWER MAIN TELEVISING th WHEREAS, on this 13day of December 2010,the adoption of the resolution ordering transfer of funds for sanitary sewer main televising, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.The finance director is hereby authorized to transfer $1,120.00into the Sanitary Sewer budget (601-508-000-4010)from the The Woodlands of Maplewood, Project 05-04 (Fund 807), for the costs for televising and cleaning of the sanitary sewer mains. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 14.Approve Purchase of Jet/Vac Sewer Truck Councilmember Juenemannmoved toapprove entering into contracts with Flexible Pipe Equipment and Nuss Truck & Equipment. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 15.Approval of Resolution Directing Modification of Existing construction Contract, Supplemental Agreement No. 42 December 13, 2010 11 City Council MeetingMinutes CouncilmemberJuenemannmoved toapprove the resolution directing modification of existing construction contract, supplemental agreement No. 42, for City Project 03-15. RESOLUTION10-12-508 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03-15, SUPPLEMENTAL AGREEMENT NO. 42 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered improvements to Project 03-15, Century Avenue Improvements, and has concurred with a contract let by Ramsey County and in accordance to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as City Project 03-15 including Supplement Agreement No. 42. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The Mayor and City Engineer are hereby authorized and directed to modify the existing contract by executing said Supplemental Agreement No. 42 which is an increase of $508.75. th Adopted by theMaplewood City Councilon this 13day of December 2010. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 16.Request Approval to Apply for Certified Local Government Status Councilmember Juenemannmoved toapprove the City of Maplewood apply for Certified Local Government Status with the Minnesota State Historic Preservation Office. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 17.Approval of a Resolution Authorizing the city to Participate in the Minnesota GreenStep Cities Program Mayor Rossbachmoved toapprove the resolution which authorizes the city of Maplewood to participate in the Minnesota GreenStep Cities recognition program. Adopting the resolution and working toward GreenStep cities recognition will further the city’s environmental planning efforts. RESOLUTION NO.10-12-509 CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION AUTHORIZING THE CITY OF MAPLEWOOD TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM WHEREAS, uncertainty in energy prices and the transition away from fossil fuel energy sources present new challenges and opportunities to both the City of Maplewood and to the economic health of its citizens and businesses; and December 13, 2010 12 City Council MeetingMinutes WHEREAS, climate changes have been observed in Minnesota and have the potential to negatively impact local, regional and state economies; infrastructure development; habitat; ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and WHEREAS, local governments have the unique opportunity to achieve both energy use and climate change gas reductions throughbuilding and facilities management; land use and transportation planning; environmental management; and through economic and community development; and WHEREAS, efforts to address energy and climate issues provide an opportunity to move toward energy self-reliance and greater community resiliency; provide environmentally healthy and cheaper-to- operate public buildings; encourage new economic development and local jobs; and support local food and renewable energy production; and WHEREAS, the City of Maplewood has adopted the U.S. Mayors Climate Protection Agreement on June 23, 2008, which commits the city to reducing emissions and pollution in city operations and the community; and WHEREAS, in September 2008,the City of Maplewood formed a working group (Maplewood Green Team) to review and make recommendations on how the city can realistically and feasibly reduce emissions and pollution now and in the future based on the goals and objectives of the U.S. Mayors Climate Protection Agreement; and WHEREAS, Minnesota Session Laws 2008, Chapter 356, Section 13 directed the Minnesota Pollution Control Agency (“MPCA”) and Office of Energy Security in the Department of Commerce (“Office of Energy Security”), in collaboration with Clean Energy Resource Teams (“CERTs”), to recommend municipal actions and policies that work toward meeting the State’s greenhouse gas emissions reduction goals; and WHEREAS, the Next Generation Act of 2007, Minnesota Session Laws 2007 -Chapter 136: (1) sets State greenhouse gas emissions reduction goals of cutting emissions to 15 percent below 2005 levels by 2015, 30 percent below 2005 levels by 2025, and 80 percent below 2005 levels by 2050;(2) sets a State energy conservation goal of achieving annual energy savings equal to 1.5 percent of annual retail energy sales of electricity and natural gas; (3) establishes an energy policy goal that the per capita use of fossil fuel as an energy input be reduced by 15 percent by the year 2015, through increased reliance on energy efficiencyand renewable energy alternatives; (4) Establishesan energy policy goal that 25 percent of the electricity used in the state be derived from renewable energy resources by the year 2025; and WHEREAS, a broad coalition of public and private stakeholders including the League of Minnesota Cities, the MPCA, Office of Energy Security and CERTs responded to the 2008 legislation by establishing the Minnesota GreenStep Cities program to provide a series of sustainable development best practices focusing on local government opportunities to reduce energy use and greenhouse gases; and WHEREAS, the Minnesota GreenStep Cities program assists in facilitating technical assistance for the implementation of these sustainable development best practices; and WHEREAS, the Minnesota GreenStep Cities program provides cost-effective sustainable development best practices in the following five categories: (1) Buildings and Lighting; (2) Transportation; (3) Land Use; (4) Environmental Management; and (5) Economic and Community Development; December 13, 2010 13 City Council MeetingMinutes NOW, THEREFORE, be it resolved that the City Council of the City of Maplewood does hereby authorize the City of Maplewood (the “City”) to participate in the Minnesota GreenStep Cities program. Be it further resolved that the City: Appoints Shann Finwall, Environmental Planner, to serve as the city’s GreenStep coordinator to facilitate best practice implementation;and Will facilitate the involvement of community members, civic, business and educational organizations, and other units of government as appropriate in the planning, promoting and implementing of GreenStep Cities best practices; and Will identify a short list of best practices for initial implementation by March 2011; and Will claim credit for having implemented and will implement in total at least 16 required and optional GreenStep best practices that will result in energy use reduction, economic savings and reduction in the community’s greenhouse gas footprint. A summary of the city’s implementation of best practices will be posted on the Minnesota GreenStep Cities web site. Adopted this 13thday of December 2010. By:Attest: ___________________________________________________________________ MayorCityClerk Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 18.Consider Revisions to Format and Dates for Citizen Forum in 2011 Mayor Rossbachmoved toapprove revisions to format and dates for the Citizen’s Forum in 2011. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 19.Approval ofResolution Directing Modification of Existing Construction Contract, Change Order No. 1, Lift Station No. 8 Upgrades, Project 10-01 Councilmember Juenemannmoved toapprove the resolution directing modification of existing construction contract, change order no. 1, for city project 10-01. RESOLUTION 10-12-510 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 10-01, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 10-01,Lift Station No. 8 Upgrades,and haslet a construction contract pursuant to Minnesota Statutes, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 10-01, Change Order No.1. December 13, 2010 14 City Council MeetingMinutes NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1.The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No.1 in the amount of $3,443.88. The revised contract amount is$148,093.88. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. H.PUBLIC HEARING 1.Open Space and Parks Zoning Ordinance Amendment –(First Reading) a.Planner, Michael Martin gave the report and answered questions of the council. MayorRossbach opened the public hearing. No one came forward to address the council. Mayor Rossbach closed the public hearing. Councilmember Koppenmoved toapprove the (First Reading) for the Open Space and Parks Zoning Ordinance Amendment. Seconded by Mayor Rossbach.Ayes –All The motion passed. I.UNFINISHED BUSINESS 1.Consider Contract Revisions for Installation of Solar Panel Array at Maplewood Community Center a.City Attorney, Alan Kantrud gave the report and answered questions of the council. b.Mr.Richman, Senior Energy Analyst and Solar Business Developer, Parsons Electric, addressed and answered questions of the council. Councilmember Llanasmoved toauthorize the Mayor and City Manager to enter into an and grant authorization to enter into all the required exclusive Performance Contract documents with Parsons Electric for a solar panel application at the Maplewood Community Center. City Attorney, Kantrud made a friendly amendment to grant authorization to enter into all the required documents. Councilmembers Llanas and Koppen agreed to the friendly amendment. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. J.NEW BUSINESS 1.Approval Authorizing Purchase of Union Cemetery Property December 13, 2010 15 City Council MeetingMinutes a.Park & Recreation Director, DuWayne Konewko gave the report and answered questions of the council. Councilmember Juenemannmoved toapprove the purchase agreement for the acquisition of 1.91 acres of property from Union Cemetery. Furthermore, approving that monies from the Open Space Acquisition Fund totaling $160,000 be used to pay for this property. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 2.Approval of Western Hills area Street Improvements, City Project 10-14, Resolution Accepting Feasibility Study, Authorizing Preparation of Plans and Specifications and Calling for Public Hearing a.City Engineer, Deputy Public Works Director, Michael Thompson, gave the report and answered questions of the council. b.Assistant City Engineer, Steve Love, addressed and answered questions of the council. CouncilmemberJuenemannmoved toapprove the resolution accepting the feasibility report, authorizing the preparation of plans and specifications, and calling for a public hearing for 7:00 p.m., Monday, January 10, 2010, for the Western Hills Area Street improvements, City Project 10- 14. RESOLUTION10-12-511 ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolutions of the council adopted July 26, 2010, a report has been prepared by the city engineering division with reference to the improvement of Western Hills Area Street Improvements, City Project 10-14, and this report was received by the council on December 13, 2010, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.The council will consider the Western Hills Area Street Improvements, City Project 10-14 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $7,152,700. 2.The city engineer or designated staff engineer is the engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3.The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $7,152,700 shall be established. The proposed financing plan is as follows: December 13, 2010 16 City Council MeetingMinutes TOTAL % OF TOTAL AMOUNTPROJECT FUNDING SOURCE G.O. IMPROVEMENT BONDS$2,944,20041% SANITARY SEWER FUND$412,4005% ENVIRONMENTAL UTILITY FUND$1,560,20022% SPECIAL BENEFIT ASSESSMENT$1,691,30024% ST. PAUL WATER$443,8006% W.A.C. FUND$40,8001% DRIVEWAY REPLACEMENT PROGRAM$60,0001% TOTAL FUNDING$7,152,700100% th 4.A public hearing shall be held on such proposed improvement on the 10day of January, 2011 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. th Approved this 13day of December 2010. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 3.Approval for an Off-Sale Intoxicating Liquor License for Hillside Wine & Spirits, Inc. a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report and answered questions of the council. table Councilmember Juenemannmoved tothe approvalof the Off-Sale Intoxicating Liquor License for Hillside Wine & Spirits, Inc.until January 10, 2011. Seconded by Mayor Rossbach.Ayes –All table The motion to passed. 4.Approval for an On-Sale Intoxicating Liquor License for Osaka Sushi, Inc. a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report and answered questions of the council. b.City Attorney, Alan Kantrud addressed and answered questions of the council. c.A representative from Osaka Sushi, Inc. addressed thecouncil. Mayor Rossbachmoved toapprove the On-Sale Intoxicating Liquor License for Osaka Sushi, Inc., at 1900 County Road D East. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 5.Approval of Joint Powers Agreement with City of North St. Paul for Recreation Program a.Park & Recreation Director, DuWayne Konewko gave the report and answered questions of the council. Councilmember Koppen moved toapprove the joint powers agreement with the City of North St. Paul to provide recreation program services for a period of four years beginning January 1, 2011, and ending on December 31, 2014. Seconded by CouncilmemberJuenemann.Ayes –All December 13, 2010 17 City Council MeetingMinutes The motion passed. 6.Rezoning of 2433 Highwood Avenue From F (Farm Residential) to R1 (single dwelling residential) a.Planner, Michael Martingave the report and answered questions of the council. Mayor Rossbach moved toapprove the resolution rezoning the southerly half of 2433 Highwood Avenue from F (farm residential) to R1 (single dwelling residential). REZONING RESOLUTION10-12-512 WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from F (farm residential) to R1 (single dwelling residential); WHEREAS ,this zoning map change applies to the south half of the propertylocated at 2433 Highwood Avenue. The property identification number for the affected property is: 13-28-22-24-0098 WHEREAS ,this rezoning is proposed to eliminate the split zoning of this property and for compatibility with the city’s comprehensive land use plan. WHEREAS , the history of this change is as follows: 1.OnNovember 16, 2010, theplanning commission held a public hearingto consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2.On December 13, 2010, 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 mapfor the following reasons: 1.This proposed rezoning would removethe splitzoning byreplacing the F, farm zoning classification with the R1, single dwelling zoning classification. 2.This change would comply with the comprehensive land use plan low density residential classification. 3.The proposed rezoning would meet the following five criteria for a zoning map revision as required by city ordinance: a.Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. b.Determine that the proposed change will not substantially injure or detract from the use of neighboring properties or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. December 13, 2010 18 City Council MeetingMinutes c.Determine that the proposed change will serve thebest interests and conveniences of the community, where applicable, and the public welfare. d.Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. e.Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. The Maplewood City Council approved this resolution on December 13, 2010. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 7.Approval of Award of Contracts for Fire Station Sleeping Quarters a.Maplewood Fire Chief, Steve Lukin gave the report and answered questions of the council. CouncilmemberJuenemannmoved toapprove no more than $24,000 in expenses for remodeling at stations two and seven and authorize the city manager to approve the lowest quote. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. K.VISITOR PRESENTATIONS 1.Dave Schelling, Maplewood.Mr. Schelling discussed a variety of topics. Recycling in the city, the budget, the purchasing of Gethsemane Park, and overall spending in the city. 2.Mark Jenkins, Maplewood.Mr. Jenkins stated not many cities offer a Citizens Forum. Mr. Jenkinsfelt it was appropriate to have the forums on aquarterly basis andrecommended that specific issues be discussed. 3.Bob Zick, North St. Paul. Mr. Zick discussed a variety of subjects. Specifically the citybudget and his concerns with the spending in the city. He had concerns regarding the closing of fire stations. L.AWARD OF BIDS 1.Approval of Award of Bid for Maplewood Community Center Catering Contracts a.Park & Recreation Director, DuWayne Konewko, gave the report and answered questions of the council. Councilmember Llanasmoved toapprove the contract with Hospitality Catering Corporation, Kanes Catering and Vincenzo Catering for food catering service for the Maplewood Community Center Banquet Event Center for a duration of three years beginning January 1, 2011, and running through December 31, 2013. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. December 13, 2010 19 City Council MeetingMinutes M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS 1.Local Businesses- Councilmember Llanas Councilmember Llanas encouraged residents to support theirlocalbusinesses in our community that support the local tax basein Maplewood. 2.Snow removal – Councilmember Llanas Councilmember Llanas stated he noticed people in the community helping others remove snow and recommended that people continue to assist their neighbors or people in need as a way of supporting each other. Councilmember Juenemann thanked the staff for the work they did in the city in2010 and wished everyone a happy holiday season. Mayor Rossbach stated this is the last council meeting of the year and he wanted to wishthe Maplewood residents a happy holiday season and that he and the city councilmembers look forward to continuing to serve the citizens in 2011. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 9:33p.m. December 13, 2010 20 City Council MeetingMinutes