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HomeMy WebLinkAbout12-14-2009Em C. Q E. MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, December 14, 2009 Council Chambers, City Hall Meeting No. 24-09 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present until 9:10 p.m. Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA Councilmember Juenemann added H1. Holidays. Councilmember Hjelle would like to amend 11. Removing himself from that discussion. Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Hjelle. Ayes — All The motion passed. APPROVAL OF MINUTES Approval of November 23, 2009, Council Workshop Minutes Councilmember Nephew moved to approve the November 23, 2009, City Council Meeting Minutes as amended. Councilmember Nephew had a correction under C. Approval of Agenda, is missing the Ayes — All vote. Councilmember Juenemann had a correction to the Roll Call. Mayor Longrie and Councilmember Hjelle were absent and Councilmember Juenemann served as Acting Mayor and was present. Seconded by Councilmember Juenemann The motion passed. Ayes — Councilmember's Juenemann, Nephew & Rossbach Abstentions — Mayor Longrie Councilmember Hjelle December 14, 2009 City Council Meeting Minutes Approval of November 23, 2009, City Council Meeting Minutes Councilmember Juenemann had corrections to the minutes. Page 4 and 16 should reflect that the motion was made by Acting Mayor Juenemann. Councilmember Nephew moved to approve the November 23, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Rossbach. Ayes — Councilmember's Juenemann, Nephew & Rossbach Abstentions — Mayor Longrie Councilmember Hjelle The motion passed. F. VISITOR PRESENTATIONS — PART I 1. Dave Schilling, 1955 Greenbrier Street, Maplewood — Mr. Schilling inquired about how many tons of salt the city uses on city streets. He also requested information regarding what was being sprayed on the ballparks. He is concerned about the chemicals getting into the wetlands 2. Mark Bradley, 2164 Woodlynn Avenue, Maplewood. With the cost to maintain a business and pay taxes in Maplewood Mr. Bradley is concerned about the decline in the economy and the ability for businesses to succeed and prosper in the Maplewood Mall and the surrounding areas. 3. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten said December 7, 2009, there was a special meeting for the 2010 Budget Hearing. Ms. Sletten read aloud examples of staff time and the cost to the city provided by Mayor Longrie. Ms. Sletten displayed data and graphs to represent her findings of fact that the city was spending too much on contractual labor. Ms. Sletten has requested that the City of Maplewood do a state audit prior to the new city council being sworn in. If the council does not agree she said she will start a petition. 4. Jay Janetta, 1507 County Road B East, Maplewood. Mr. Janetta asked about raising chickens in his backyard and what he had to do to get approval from the city to raise chickens within city limits. 5. John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff displayed a map of the city showing where the newly elected city council lived and indicated his disappointment that there is no representation in south Maplewood. G. ADMINISTRATIVE PRESENTATIONS 1. Notice of City Hall Closure — December 24 and December 31, 2009 a. City Manager, James Antonen announced that the city hall building would be closed December 24, and December 31, 2009. H. COUNCIL PRESENTATIONS (Heard at the end of the meeting before adjournment) December 14, 2009 2 City Council Meeting Minutes Holidays — Councilmember Juenemann wished Happy Holidays to all. APPOINTMENTS AND PRESENTATIONS Presentation Of Plaques To Outgoing Mayor and Councilmember Rossbach From Ramsey County League Of Local Governments a. City Manager, James Antonen introduced the item. Mr. Antonen presented a clock to Mayor Longrie and Councilmember Hjelle in appreciation of their service on the city council. b. City Councilmember, Will Rossbach spoke on behalf of the Ramsey County League of Local Governments and presented Mayor Longrie with a plaque. J. PUBLIC HEARINGS Consider Adoption Of The Wetland Ordinance And Wetland Classification Map — Second Reading a. Environmental Planner, Shann Finwall gave the report and answered questions of the council. b. City Manager, James Antonen answered questions of the council. c. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. Mayor Longrie opened up the public hearing. 1. Carol Mason Sherrill, ENR Chair addressed the council. 2. Sharon Sandeen, no address given for the record. 3. Dave Schilling, 1955 Greenbrier Street, Maplewood. 4. Ralph Sletten, 2747 Clarence Street N., Maplewood. 5. Dave Johnson, 2587 Lydia Avenue, Maplewood. 6. Elizabeth Sletten, 2747 Clarence Street N., Maplewood. 7. George Oxford, 2305 Linwood Avenue, Maplewood. 8. Ginny Yingling, ENR Commission member addressed the council. 9. Pat Eitland, 2050 Arcade Street, Maplewood. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to approve the second reading of the Wetland Ordinance revising the city's wetland regulations and adopts by reference the new wetland map. (Including corrections made by staff and the council). Seconded by Councilmember Juenemann. Councilmember Nephew made a friendly amendment to include language regarding storage sheds under 120 feet under section 6.9 A on packet page 42 of 186, also using the word "more" instead of less regarding the caliper size of buckthorn, and striking the clause conversion of lawn area which does not require the worksheet on packet 28 of 186 and 36 and 37 of 186. Wetland classification map include something called out in the legend identifying the 5 specific wetlands adjacent to lakes that are subject to different buffer widths until the new shoreland regulations are in place or until that ordinance sunsets. Councilmember's Rossbach and Juenemann accepted the friendly amendment. ORDINANCE NO. 895 December 14, 2009 3 City Council Meeting Minutes AN ORDINANCE AMENDING THE ENVIRONMENTAL PROTECTION AND CRITICAL AREA ARTICLE OF THE CITY CODE The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: This amendment revises portions of Article VII. (Environmental Protection and Critical Area) dealing with wetlands. Section 1. Findings. a. Wetlands serve a variety of beneficial functions. Wetlands help maintain water quality by filtering suspended solids and pollutants. They reduce flooding and erosion, provide open space for human interaction, and are an integral part of the city's environment. Depending upon their type, size, and location within a watershed, they represent important physical, educational, ecological, aesthetic, recreational, and economic assets of the city. Properly managed wetlands are needed to support the city's efforts to reduce flooding and to protect the public health, safety, and general welfare. b. Wetlands and buffers provide habitat for aquatic, semi -aquatic, and terrestrial wildlife, including rare, threatened, or endangered species. They provide breeding, nesting and feeding grounds for many forms of plant and animal life. Many species of wildlife require both wetlands and their associated upland buffers for survival. Protecting wetlands and buffers is essential for preserving the diversity of plant and animal species in the city. C. Streams are also significant elements of the city's hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Like wetlands, streams are an important physical, ecological, aesthetic, recreational, and economic asset. d. Various existing state and federal laws restrict activities and development within wetlands and streams. The city finds that development adjacent to and surrounding wetlands may also degrade and pollute wetlands or accelerate the aging or elimination of wetlands and that development next to streams may degrade, pollute, or damage streams and, in turn, degrade other surface waters downstream. Regulating development and land use around wetlands and streams is therefore in the public interest. e. As defined and used herein, buffers are land areas adjacent to wetlands and streams that are deemed important for maintaining the health and valuable functions of such wetlands and streams. Restricting development of and land use in buffers recognizes that the surrounding upland impacts the quality and functions of wetlands and streams and, therefore, is in the public interest. Buffers planted with native or naturalized vegetation serve the following functions: (1) Stabilize soil and prevent erosion. (2) Preserve and enhance the quality of surface water by reducing the input of suspended solids, nutrients, and harmful chemical substances that may adversely impact public health or aquatic habitat. (3) Filter suspended solids, nutrients, pollutants, and harmful substances so that they do not enter the wetland or stream. (4) Moderate water level fluctuations during storms. (5) Protect beneficial plant life and provide habitat for wildlife. December 14, 2009 4 City Council Meeting Minutes (6) Provide shade to reduce the temperature of both stormwater runoff and the wetland, thereby helping to maintain the conditions for healthy aquatic life. (7) Reduce the adverse impacts of human activities on wetlands and streams and thereby preserve them in a natural state. g. In addition to regulating development and land use around wetlands, this ordinance is intended to educate the public (including appraisers, owners, potential buyers, and developers) about the importance of wetlands and streams and the functions of buffers and to encourage property owners who live adjacent to and/or near wetlands and streams to be responsible stewards by managing and enhancing the quality of buffers as hereinafter described. Section 2. Definitions. The following words, terms, and phrases when used in this ordinance shall have the meanings ascribed to them in this section, except where the context of the word, terms, and phrases clearly indicates a different meaning. Administrator means the director of the community development department or other person or persons charged with the administration and enforcement of this ordinance. Alteration means human action that adversely affects the vegetation, hydrology, wildlife or wildlife habitat in a wetland, stream or buffer, including grading, filling, dumping, dredging, draining, paving, construction, application of gravel, discharging pollutants (including herbicides and pesticides), and compacting or disturbing soil through vehicle or equipment use. Alteration also includes the mass removal or mass planting of vegetation by means of cutting, pruning, topping, clearing, relocating, or applying herbicides or any hazardous or toxic substance designed to kill plant life. Alteration does not include the following activities in a buffer: a. Walking, passive recreation, fishing, or other similar low -impact activities. b. The maintenance of pre-existing, nonconforming lawn area. C. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. d. The removal of noxious weeds by non -chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. e. The removal of non-native shrubs, such as buckthorn, if: 1. there is little chance of erosion; and 2. site is flat or generally has slopes less than 6 percent grade; and 3. cut and treat method of removal is used on shrubs more than one-half (%2) inches in diameter (not pulling). Selective management of vegetation as follows: 1. Selective pruning of trees or shrubs in order to enhance their health. 2. Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. 3. Selective removal of non-native trees. 4. Selective removal of non-native weeds. 5. Selective seeding or planting of vegetation that is native to Minnesota. December 14, 2009 5 City Council Meeting Minutes g. Installation of temporary fencing without footings. h. Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. Best management practices (BMP's) mean measures taken to minimize negative effects of stormwater runoff on the environment including, but not limited to, installation of rain gardens, infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction of impervious surfaces, planting of deep-rooted native plants, landscape and pavement maintenance. Buffers are land areas adjacent to wetlands and streams in which development and land use are restricted as set forth herein and in which the growth of native and naturalized plants and trees are to be preserved and encouraged in accordance with this ordinance. Clearing means the cutting or removal of vegetation. Enhancement means an action that increases the functions and values of a wetland, stream, or buffer. Erosion means the movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity. Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the ground. An infiltration basin will typically drain within forty-eight (48) hours of a storm event. Lake means an area of open, relatively deep water that is large enough to produce a wave -swept shore. Lake shall also be defined as a "public water' as delineated and listed in the city's shoreland ordinance (Article IX). Large-scale proiect means a vegetation maintenance, control, removal, mitigation or restoration project that will affect more than fifty percent (50%) of a buffer located on a piece of property. Lawn area means that area within a buffer with maintained landscape, including areas of mowed turf grass, gardens, play areas, work areas, patios, play structures, and nonpermanent structures. Lawn area does not include: (1) areas within a buffer consisting of native or naturalized vegetation; and (2) the land area that is outside of a buffer. Minnesota Routine Assessment Method (MnRAM) is a scientific methodology to assess the quality of wetlands. Mitigation means an action that reduces, rectifies, eliminates, or compensates for the alteration of a buffer or wetland. Native area means an area where native vegetation exists. Native vegetation means tree, shrub, grass, or other plant species that are indigenous to the Twin Cities metropolitan area and that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Naturalized area means an area where naturalized vegetation exists and does not include a lawn area. Naturalized vegetation means tree, shrub, grass, or other plant species that exists on a site naturally without having been planted or maintained as a lawn area. It may be a native or non-native species. Nonconforming lawn area means that area within a buffer with maintained landscape (lawn area) as of the date of adoption of this ordinance. Once a nonconforming lawn area is converted to native or naturalized buffer, it loses its legal nonconforming status and may not thereafter be treated as a nonconforming lawn area. December 14, 2009 6 City Council Meeting Minutes Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law. (See also weed.) Ordinary high watermark (OHWM) means a mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Public waters means water basins assigned a shoreline management classification by the Minnesota Department of Natural Resources commissioner under Minnesota Statutes, sections 103F.201 to 103F.221, except wetlands less than 80 acres in size that are classified as natural environment lakes. Rain garden means an infiltration basin that is planted as a garden that allows water to infiltrate within forty-eight (48) hours of a storm event. Restoration means restoring a wetland, stream, or buffer in whole or in part to a condition that is similar to that before development of the surrounding area. Selective means vegetation management done in a naturalized or native buffer, where a minimal amount of vegetation is altered, with the goal of improving ecological quality of the buffer and/or its ability to filter stormwater runoff. Semipublic means land that is maintained by a private organization for public use. Setback means the minimum horizontal distance between a structure and the nearest edge of the wetland, stream, or buffer. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Stormwater pond means a pond that has been created to capture stormwater runoff. It is a natural wetland. Stormwater is often piped into stormwater ponds but may also enter through sheet runoff. Stormwater pond edge means the normal high water level for a stormwater pond. Straight -edge setback is a measurement to determine the allowable setback of an addition to an existing house, garage, deck or driveway which is located closer to or within the required buffer. Straight -edge setback additions are measured by using the existing edge of the house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the existing structure. Stream means those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. Structure means anything constructed or erected that requires location on the ground or attached to something having location on the ground. Sustainable design means a development design which minimizes impacts on the landscape. Temporary erosion control means methods of keeping soil stable during construction or grading. Temporary erosion control measures include, but are not limited to, silt fencing, erosion control blankets, bale slope barriers, or other best management erosion control methods approved by the city. Variance means a deviation from the standards of this ordinance that is not specifically allowed. Vegetation means any plant life growing at, below, or above the soil surface. December 14, 2009 7 City Council Meeting Minutes Weed means a plant which causes damage in some way to native vegetation or ecosystems. (See also noxious weed.) Wetlands means those areas of the city inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas as defined. Where a person has removed or mostly changed the vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil and other documentation of the previous existence of wetland vegetation such as aerial photographs. This definition does not include lakes or stormwater ponds as herein defined. Wetlands adiacent to lakes means those areas of land or vegetation that have been classified as wetlands by an applicable Watershed District in accordance with the Minnesota Routine Assessment Method (MnRAM) system but which are attached to or part of the edge of a lake as defined herein. Wetland classes are defined follows: a. Manage A wetlands are based on the "Preserve" wetland classification as defined in MnRAM. These wetlands are exceptional and the highest -functioning wetlands in Maplewood. b. Manage 8 wetlands are based on the "Manage 1" wetland classifications as defined in MnRAM. These wetlands are high-quality wetlands. C. Manage C wetlands are based on the "Manage 2" wetland classifications as defined in MnRAM. These wetlands provide moderate quality. d. Stormwater Pond — These are ponds created for stormwater treatment. A stormwater pond shall not include wetlands created to mitigate the loss of other wetlands. Wetland functions mean the natural processes performed by wetlands. These include providing wildlife food and habitat, maintaining the availability of water, purifying water, acting as a recharge and discharge area for groundwater aquifers, moderating the flow of surface water and stormwater, and performing other functions including but not limited to those set out in U.S. Army Corps of Engineers regulations. Wetland buffer management worksheet is a printed form available through the community development department which is required to be completed by a property owner who wishes to undertake certain activities in a wetland or stream buffer. The activities proposed by the property owner on the worksheet must be approved by the administrator prior to any work in the buffer. Wetland or stream edge means the line delineating the outer edge of a wetland or stream. The wetland edge shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service, or succeeding publication that is adopted by the Federal Government. The applicable watershed district must verify this line. Section 3. Applicability and Effective Date. a. Applicability. This ordinance shall take effect after the city publishes it in the official newspaper. 2. Except as specified elsewhere in this ordinance, this ordinance shall apply to all real property which is located in a wetland, stream, or buffer or any person or use that would alter a wetland, stream, or buffer after adoption of this ordinance (December 14, 2009). December 14, 2009 8 City Council Meeting Minutes 3. The city adopts the wetland classification map dated December 14, 2009, which is based on wetland classifications from the MnRAM studies and assigned by the applicable watershed district. Other wetland classification regulations are as follows: a. The city council will adopt changes to the wetland map which are based on MnRAM studies conducted and approved by watershed districts. b. Any wetland not currently assigned a classification based on MnRAM studies as of the date of the adoption of this ordinance (December 14, 2009) shall carry over the city's April 24, 1995, wetland classifications and shall be assigned the following management classes: 1) Class 1 wetlands are defined as Manage A wetlands. 2) Class 2 wetlands are defined as Manage A wetlands. 3) Class 3 wetlands are defined as Manage B wetlands. 4) Class 4 wetlands are defined as Manage C wetlands. 5) Class 5 wetlands are defined as stormwater ponds. C. Wetlands adjacent to lakes will be regulated by this ordinance until December 31, 2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever occurs first. d. Appeals to the wetland classifications are within the jurisdiction of the applicable watershed district and shall be filed and heard pursuant to the administrative review process of that district. In the event that an appeal is granted, the city will recognize the results of that appeal for purposes of the classification of wetlands within the city. 4. When any provision of any ordinance conflicts with this ordinance, the provision that provides more protection for buffers, wetlands, or streams shall apply unless specifically provided otherwise in this ordinance. This also applies to the applicable watershed district regulations. b. Exemptions. This section does not apply to the following property located in the city limits of Maplewood: Property which is located within a buffer, but is separated from the wetland or stream by an existing road. 2. Buildings and structures not in conformity with the regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. 3. Lawn areas not in conformity with regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. A nonconforming lawn area will lose its legal nonconforming status if it is converted to native or naturalized buffer and may not thereafter be treated as a lawn area. Section 4. Buffer Widths and Requirements. a. Minimum buffers. The following are the minimum required buffer widths and structure setbacks: December 14, 2009 9 City Council Meeting Minutes Buffer Wetland Classes Manage A Stormwater & Streams Manage B Manage C Pond Minimum Buffer Width 100 ft. 75 ft. 50 ft. 10 ft. Structure Setback from Edge of Buffer 0 0 0 10 ft. b. Buffer measurement. Buffers shall be measured from the wetland or stream edge. C. Buffers containing slopes. For new development or construction on slopes greater than eighteen percent (18%) that are within a buffer, the buffer width shall be increased to ten (10) feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. d. Buffers for wetlands adjacent to lakes. In light of the fact that lakes perform different functions than wetlands and streams and are used for different recreational purposes, wetlands adjacent to lakes and their designated buffers shall have alternative buffers. The following alternative buffers for wetlands adjacent to lakes will apply until December 31, 2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever comes first. Buffer Wetland Classes (for Wetlands Adjacent to Lakes) Manage A Manage B Manage C Minimum Buffer Width 75 ft. 50 ft. 50 ft. e. Average Buffers: Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, the averaging of buffer width for the entire parcel may be necessary to allow for the reasonable use of the land during a development or construction project. In such cases decreasing the minimum buffer width will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. The average buffer standards set forth below may be applied based on an assessment of the following: a) Undue hardship would arise from not allowing the average buffer, or would otherwise not be in the public interest. b) Size of parcel. C) Configuration of existing roads and utilities. d) Percentage of parcel covered by wetland. e) Configuration of wetlands on the parcel. f) Averaging will not cause degradation of the wetland or stream. g) Averaging will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. 2. The following are the average buffer widths: December 14, 2009 10 City Council Meeting Minutes Buffer Wetland Classes Manage A & Streams Manage B Manage C Minimum Buffer Width 75 ft. 50 ft. 50 ft. Average Buffer Width 100 ft. 75 ft. N/A 3. Average buffer measurement. Average buffer measurement shall be determined by averaging the buffer along the wetland edge situated on the subject property, not the entire wetland. 4. A mitigation plan is required for construction of development projects which meet the requirements described in Section 5.d. (Mitigation). 5. The appropriateness of using average buffers will be evaluated as part of the review of the contractor's or owner's development application. The average buffer used must be within the spirit and intent of this ordinance and must meet one or more of the requirements described in Section 7 (Best Management Practices). 6. The administrator must approve the average buffer. 7. If an average buffer is denied by the administrator, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the administrator's written denial of the average buffer. The administrator shall send appeals of average buffers to the environmental and natural resources commission for review. 8. If an average buffer is denied by the environmental and natural resources commission, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the commission's denial of the average buffer. The administrator shall send these appeals to the city council for final review. Section 5. Development and Construction. a. Unless an exemption applies, the following development and construction activities are not allowed in wetlands, streams, or buffers: Alterations, including the filling of wetlands. 2. The construction of structures. 3. Projects which convert native or naturalized areas to lawn area. 4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5. Discharge of stormwater to a wetland not in compliance with the city's stormwater management ordinance (Section 44-1245, or subsequent ordinances). b. Exemptions. This section does not apply to the following activities in a buffer: Walking, passive recreation, fishing or other similar low -impact activities. 2. The maintenance of pre-existing, nonconforming lawn area. December 14, 2009 11 City Council Meeting Minutes 3. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 4. The removal of noxious weeds by non -chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. 5. The removal of non-native shrubs, such as buckthorn, if: a) there is little chance of erosion; and b) site is flat or generally has slopes less than 6 percent grade; and C) cut and treat method of removal is used on shrubs more than one-half (%2) inches in diameter (not pulling). 6. Selective management of vegetation as follows: a) Selective pruning of trees or shrubs in order to enhance their health. b) Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. C) Selective removal of non-native trees. d) Selective removal of non-native weeds. e) Selective seeding or planting of vegetation that is native to Minnesota. 7. Installation of temporary fencing without footings. 8. Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. 9. Public or semi-public streets and utilities. The city council may waive the requirements of this ordinance for the construction or maintenance of public or semipublic streets and utilities through buffers where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city council shall apply the following standards: a) The city may only allow the construction of public or semipublic utilities and streets through buffers where there is no other practical alternative. b) Before the city council acts on the waiver the planning commission and the environmental and natural resources commission shall make a recommendation to the city council. The planning commission shall hold a public hearing for the waiver. The city shall notify the property owners within five hundred (500) feet of the property for which the waiver is being requested at least ten (10) days before the hearing. C) Utility or street corridors shall not be allowed when endangered or threatened species are found in the buffer. d) Utility or street corridors, including any allowed maintenance roads, shall be as far from the wetland as possible. e) Utility or street corridor construction and maintenance shall protect the wetland and buffer and avoid large trees as much as possible. f) The city shall not allow the use of pesticides or other hazardous or toxic substances in buffers or wetlands; however, in some situations the use of herbicides may be used if prior approval is obtained from the administrator. December 14, 2009 12 City Council Meeting Minutes g) The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by city ordinance. h) Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to the road which is parallel to the wetland edge. If parallel roads are necessary they shall be no greater than fifteen (15) feet wide. The city council, upon recommendation of the administrator, may require additional mitigation actions as a condition of granting the waiver. 10. Public or semipublic trails. The city may waive the requirements of this ordinance for the construction or maintenance of public or semipublic trails through buffers, and boardwalks in wetlands, where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city shall apply the following standards: a) Trails shall not be allowed when endangered or threatened species are found to be present in the buffer. b) Buffers shall be expanded, equal to the width of the trail corridor. C) The owner or contractor shall replant all disturbed areas next to the trail in a timeframe approved by the city. d) All necessary erosion control measures must be in place before constructing a trail. The erosion control measures must also be maintained and inspected by the city to ensure that the wetland or stream is not compromised by trail construction activities. e) The trail must be designed and constructed with sustainable design methods. f) Boardwalks are allowed within the buffer and shall be a maximum of six (6) feet in width for semipublic use and twelve (12) feet in width for public use. g) The administrator may require additional mitigation actions as specified in Section 5.d. (Mitigation). C. Construction Practices. Special construction practices shall be required on projects or developments adjacent to wetlands and adjacent to and in their buffers. Special construction practices shall be approved by the administrator before issuance of a grading or building permit. Such practices may include, but are not limited to, grading, sequencing, vehicle tracking platforms, additional silt fences, and additional sediment control. They may also include the following: Wetland Buffer Sign Standards: The city may require that a property owner or developer install wetland signs before grading or starting construction. The buffer will be identified by installing wetland signs on the boundary between a buffer and adjacent land. These signs shall mark the edge of the buffer and shall state there shall be no building, mowing, cutting, filling, or dumping beyond this point. These signs shall be installed at each lot line where it crosses a wetland or stream buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of one -hundred (100) feet of wetland or stream edge. 2. Erosion Control Installation: Before grading or construction, the owner or contractor shall put into place erosion control measures around the borders of buffers. Such erosion December 14, 2009 13 City Council Meeting Minutes control measures must remain in place until the owner and contractor have finished all development activities that may affect the buffer. 3. Erosion Control Breaches: All erosion control measures must be maintained and inspected to ensure compliance and protection of wetlands, streams, and buffers. The owner or contractor shall be responsible for all erosion/sedimentation breaches within the buffer and shall restore impacted areas to conditions present prior to grading or construction activities. 4. Erosion Control Removal: After completion of grading or construction, the contractor or owner may remove the erosion control measures only after inspection and approval by the city and the applicable watershed district to ensure the areas affected have been established per requirements. 5. Platting: When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the applicable watershed district. 6. It is the responsibility of the owner to alleviate any erosion during and after completion of grading or construction. The owner or contractor must remove erosion control measures after final approved inspection by the city and the applicable watershed district. d. Mitigation. For large-scale projects or new development or construction, the city requires mitigation when a property owner or contractor has altered or will alter a wetland or buffer. The property owner or contractor shall submit a mitigation plan to the administrator for approval. In reviewing the plan, the city may require one or more of the following actions: Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2. Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two -to -one ratio. 5. Monitoring the impact and taking appropriate corrective measures. 6. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the city before planting. 7. Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8. A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of one hundred and fifty percent (150%) of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Section 6. Activities in Wetlands, Streams, and Buffers. a. Unless an exemption applies, the following activities are not allowed in wetlands, streams, or buffers: December 14, 2009 14 City Council Meeting Minutes Alterations, including the filling of wetlands. 2. The construction of structures. 3. Projects which convert native or naturalized areas to lawn area. 4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5. The discharging of stormwater to a wetland must comply with the city's stormwater management ordinance (Section 44-1245, or subsequent stormwater ordinances). b. Wetland buffer management worksheet. A wetland buffer management worksheet is required for certain activities within a wetland and stream buffer: The administrator must approve wetland buffer management worksheets. 2. If a wetland buffer management worksheet is denied by the administrator, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the administrator's written denial of the average buffer. The administrator shall send appeals of average buffers to the environmental and natural resources commission for review. 3. If a wetland buffer management worksheet is denied by the environmental and natural resources commission, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the commission's denial of the average buffer. The administrator shall send these appeals to the city council for final review. C. Exemptions. This section does not apply to the following activities in a buffer: Walking, passive recreation, fishing or other similar low -impact activities. 2. The maintenance of pre-existing, nonconforming lawn area. 3. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 4. The removal of noxious weeds by non -chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. 5. The removal of non-native shrubs, such as buckthorn, if: a) there is little chance of erosion; and b) site is flat or generally has slopes less than 6 percent grade; and C) cut and treat method of removal is used on shrubs more than one-half (%2) inches in diameter (not pulling). 6. Selective management of vegetation as follows: a) Selective pruning of trees or shrubs in order to enhance their health. b) Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. C) Selective removal of non-native trees. d) Selective removal of non-native weeds. December 14, 2009 15 City Council Meeting Minutes e) Selective seeding or planting of vegetation that is native to Minnesota. 7. Installation of temporary fencing without footings. 8. Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. 9. For properties that are zoned single or double -dwelling residential or are used as a single or double -dwelling residential use: a) The use, maintenance, and alteration of existing nonconforming lawn area for the purpose of outdoor enjoyment which may include gardening, nonpermanent structures (including such things as storage sheds under 120 square feet in area, swing sets and volleyball nets), impervious patios, or fire pits. b) Work within a wetland, stream, or buffer which was approved by the Minnesota Department of Natural Resources water permitting process and access to those areas by a trail which is limited to the width of the permit. Section 7. Best Management Practices. The city encourages and in some cases requires that best management practices be implemented to minimize negative effects of stormwater runoff on the environment and the loss of wildlife habitat when a property owner or contractor has altered or will alter a wetland, stream, or buffer. Best management practices may include the following: a. Restore buffer with native plantings. For large-scale projects or new development or construction refer to Section 5.d. (Mitigation). b. Manage weeds in buffer. Pursuant to state law, all weeds listed on the Minnesota noxious weed list must be controlled by the property owner. Owners are encouraged to control other weeds that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a wetland buffer management worksheet is required for management of weeds within the native and naturalized areas of buffers, except for selective treatment. In addition, a management plan drafted by a professional experienced in wetland and stream restoration may be needed for large- scale projects or new development including: Target weeds. 2. Appropriate management techniques, including the use of chemical treatment if approved by the administrator as part of the management plan. 3. Management schedule. 4. Erosion control and reseeding if management will create large areas of dead vegetation. 5. Cash escrow or letter of credit to cover 150 percent of the required work. C. Reduce stormwater runoff and/or improve the quality of stormwater runoff entering a wetland or stream. This may be achieved through the following strategies or other administrator approved best management practices for dealing with stormwater. These practices are to be located outside of the wetland buffer. Reduce amount of pavement on site (i.e. fewer parking stalls, narrower driveways, shared parking with other businesses). 2. Use pervious pavement such as pavers or porous asphalt. December 14, 2009 16 City Council Meeting Minutes 3. Use turf pavers or modified turf areas for overflow parking. 4. Install rain garden or infiltration basin. 5. Install rock trench or rock pit. 6. Install filter strip of grass or native vegetation. 7. Install surface sand filter or underground filter. 8. Install native plantings on site to reduce fertilizer use and improve infiltration. 9. Install a green roof on buildings. 10. Install grit chambers, sediment traps, or forebays. Section 8. Variances. a. Procedures. Procedures for granting variances from this ordinance are as follows: The city council may approve variances to the requirements in this ordinance. 2. Before the city council acts on a variance the environmental and natural resources commission will make a recommendation to the planning commission, who will in turn make a recommendation to the city council. The planning commission shall hold a public hearing for the variance. The city shall notify property owners within five hundred (500) feet of the property for which the variance is being requested at least ten (10) days before the hearing. 3. The city may require the applicant to mitigate any wetland, stream, or buffer alteration impacts with the approval of a variance, including but not limited to, implementing one or more of the strategies listed in Section 5.d. (Mitigation). 4. To approve a variance, the council must make the following findings as depicted in Minnesota Statutes, section 44-13: a) Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The term "undue hardship" as used in granting a variance means the owner of the property in question cannot put it to a reasonable use if used under conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone are not an undue hardship if reasonable use for the property exists under the terms of this ordinance. b) The variance would be in keeping with the spirit and intent of this ordinance. b. Exemptions to Variances. Variances are not needed for the following: A nonconforming single or double -dwelling residential structure which loses its nonconforming status as described in Minnesota Statutes, section 462.357, subdivision 1(e) is allowed to be rebuilt on its same footprint in its entirety (including foundations and decks) in the buffer if the new single or double -dwelling family residential structure meets the following conditions: December 14, 2009 17 City Council Meeting Minutes a) Best management practices are implemented to help protect the wetland as described in Section 7 (Best Management Practices). The administrator approves the location and best management practices through the building permit process. b) All other applicable building ordinance requirements are met. 2. A nonconforming manufactured home which is located within a wetland buffer can be replaced with a new manufactured home without approval of a variance as long as the replacement meets with the requirements of Minnesota Statutes, section 462.357, subdivision 1(a). 3. Additions to a nonconforming single or double -dwelling family house, garage, deck, or driveway using the existing straight -edge setbacks to a wetland or stream if the following apply: a) Property that is zoned single or double -dwelling residential or is being used as a single or double -dwelling residence. b) There is no other reasonable alternative than encroachment toward the wetland or stream with the addition. C) The new addition of the house, garage, deck, or driveway is a minimum of twenty- five (25) feet from the wetland or stream edge. d) The process of constructing the addition does not cause degradation of the wetland, stream, or the existing buffer. e) Mitigation actions must be met as specified in Section 5.d. (Mitigation). Section 9. Enforcement. The city reserves the right to inspect the site or property during regular city business hours or upon notice to the property owner or its designated representative one business day in advance if the inspection is to occur at a different time for compliance with this ordinance during development or construction or alteration pursuant to an approved wetland buffer management worksheet or plan. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance may be charged with a misdemeanor and, upon conviction, shall be subject to punishment in accordance with misdemeanor level convictions as set by State Statute. The violator may be civilly fined and/or liable for restoration costs as well. All land use building and grading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. The city council approved the first reading of this ordinance on November 9, 2009. The city council approved the second reading of this ordinance on December 14, 2009. Attest: Karen Guilfoile, City Clerk Diana Longrie, Mayor December 14, 2009 18 City Council Meeting Minutes K. Seconded by Councilmember Juenemann. The motion passed. Ayes —Councilmember's Juenemann, Nephew & Rossbach Nays_— Mayor Longrie Councilmember Hjelle Councilmember Juenemann moved that staff bring back to the city council as soon as possible; in addition to the turf management plan, a city park maintenance practices plan and a reflectment on the tenants of the environmentally sound processes that are reflected in this ordinance. Seconded by Councilmember Nephew. Ayes — All The motion passed. The City Council took a short recess. The City Council reconvened at 9:10 p.m. (City Councilmember Hjelle was not present) UNFINISHED BUSINESS None. L. NEW BUSINESS Mayor Longrie recommended that agenda item L4. be heard before agenda item L1. 1. Call For Special Work Session Meeting On Thursday January 14, 2010, For The Purpose Of Conducting Interviews For Business And Economic Development Commission (BEDC) a. City Manager, James Antonen gave the report. Councilmember Nephew moved to approve calling for a council manager workshop for Thursday, January 14, 2010, at 5:00 p.m. for the purpose of conducting interviews for the business and economic development commission. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 2. Consider Adoption Of The Energy Efficiency And Conservation a. Environmental Planner, Shann Finwall gave the report and answered questions of the council. b. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. c. Maplewood Chief Building Engineer, Larry Farr answered questions of the council. d. Senior Scientist, SEH Vadnais Heights, George Johnson addressed the council. Councilmember Rossbach moved to approve the Energy Efficiency and Conservation Strategy. This strategy includes measurable energy efficiency and conservation goals and objectives, gives a schedule of major energy efficiency and conservation milestones, and will provide an energy action plan for the city to follow into the future. Seconded by Councilmember Nephew. Ayes — All December 14, 2009 City Council Meeting Minutes 19 The motion passed. 3. Consider Adoption Of A Resolution Of Support For The Department Of Natural Resources Solar Energy Legacy Grant a. Environmental Planner, Shann Finwall gave the report and answered questions of the council. b. Maplewood Chief Building Engineer, Larry Farr answered questions of the council. c. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Rossbach moved to approve the Solar Energy Legacy Grant Resolution. This resolution shows the City of Maplewood's support for the submittal of the $80,000 Department of Natural Resources Solar Energy Legacy Grant for solar energy units at the Maplewood Community Center and Nature Center. This proposal includes a request of $20,000 toward the overall project costs to meet the 3:1 matching requirements for the grant. RESOLUTION 09-12-302 A RESOLUTION OF SUPPORT FOR THE DEPARTMENT OF NATURAL RESOURCES SOLAR ENERGY LEGACY GRANT WHEREAS, the City of Maplewood supports the grant application made to the Minnesota Department of Natural Resources for a Solar Energy Legacy Grant. The application is to purchase, install, and interpret: 1. Solar photovoltaic panels and a mobile solar energy unit at the Maplewood Nature Center; and 2. Solar water heating equipment at the Maplewood Community Center. WHEREAS, the project is located within 40 acres of the Maplewood Nature Center at 2659 East Seventh Street, Maplewood, and at the Community Center, located within the Maplewood City Hall campus at 1830 County Road B, Maplewood, and is adjacent the Regional Gateway Trail, and WHEREAS, the City of Maplewood recognizes the twenty-five (25) percent match requirement for the Solar Energy Legacy Grant and has secured the matching funds. NOW, THEREFORE, BE IT RESOLVED, if the City of Maplewood is awarded a grant by the Minnesota Department of Natural resources, the City of Maplewood agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above - referenced project. The City of Maplewood will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council of the City of Maplewood names the fiscal agent for the City of Maplewood for this project as: Larry Farr, Chief Building Engineer City of Maplewood 1830 County Road B East Maplewood, MN 55109 December 14, 2009 20 City Council Meeting Minutes BE IT FURTHER RESOLVED, the City of Maplewood hereby assures the Solar Energy Project will be maintained for a period of no less than 20 years. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 14TH DAY OF DECEMBER, 2009. DIANA LONGRIE, MAYOR ATTEST: KAREN GUILFOILE, CITY CLERK Seconded by Councilmember Juenemann. Ayes — All The motion passed. 4. T -Mobile Tower— Conditional Use Permit And Design Review, 1961 County Road C (This item was heard out of order before L1. due to the request of Mayor Longrie) Councilmember Rossbach recused himself from the discussion due to a potential conflict of interest. a. Planner, Michael Martin gave the report and answered questions of the council. b. CDRB Boardmember, Mike Mireau, 1884 Ferndale Street, Maplewood gave the report from the CDRB. c. Attorney, Julie Perrus, Larkin, Hoffman, Daly & Lindgren, addressed and answered questions of the council. d. RF Engineer with T -Mobile, Thierry Colson addressed and answered questions of the council. e. Pat Conlin, FMHC Corporation addressed answered questions of the council. f. Linda Olson, 2005 County Road C East, Maplewood addressed and answered questions of the council. Mayor Longrie opened the discussion to the public. The following person was heard. 1. Mark Jenkins, 830 New Century Boulevard South, Maplewood addressed the council. Councilmember Nephew moved to approve the Conditional Use Permit and Design Review for T - Mobile Tower at 1961 County Road C. (With the exception that the fencing be an 8 foot non- chainlink fence and a couple different alternative fencing materials should be provided and brought to the CDRB for review. The material should be something that weathers better than cedar fencing. Also that if any landscaping or plantings that die they be replaced pursuant city policy and standards. CONDITIONAL USE PERMIT REVISION RESOLUTION 09-12-303 WHEREAS, Amy Dresch, of FMHC Corporation and representing T -Mobile, applied for a conditional use permit to install a 75 -foot -tall telecommunications tower and related equipment. WHEREAS, this permit applies to 1961 County Road C East. The legal description is: December 14, 2009 21 City Council Meeting Minutes That part of the Southwest'/4 of Section 2, Township 29, Range 22, Ramsey County. More particularly described as: Beginning at the intersection of White Bear Avenue and the South link of Said Southwest 1/4; thence northerly on said center line 420.55 feet; thence east parallel with said South line 311 feet; thence northerly parallel with said center line 140 feet; thence north 107.07 feet, thence east 391.55 feet to a point 658.95 feet north of said South line; thence to said South line at a point 200 feet west of said '/4 corner; then West to the point of beginning. WHEREAS, the history of this conditional use permit is as follows: On May 19, 2009, 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 tabled their review and directed the applicant to consider alternative locations for the proposed telecommunications tower. 2. On November 17, 2009, the planning commission continued their review of the proposed conditional use permit for a telecommunications tower and recommended that the city council approve this request. 3. On December 14, 2009, 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 approved 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. 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: 1. All construction shall follow the site plan approved by the city. Community development staff may approve minor changes. December 14, 2009 22 City Council Meeting Minutes 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. This conditional use permit is conditioned upon T -Mobile allowing the collocation of other provider's telecommunications equipment on the proposed tower. T -Mobile shall submit a letter to staff allowing collocation before a building permit can be issued. 5. If any required landscaping dies plantings must be replaced per city policy and standards. The Maplewood City Council approved this resolution on December 14, 2009. Mayor Longrie added a friendly amendment that the provision that any landscaping or plantings that die that they be replaced pursuant city policy and standards. Seconded by Mayor Longrie. Ayes — Mayor Longrie, Councilmember Nephew Nay — Councilmember Juenemann Councilmember Nephew accepted the friendly amendment. Councilmember Rossbach had recused himself from the agenda item. Councilmember Hjelle left the meeting at 9:10 p.m. and was not present to vote on this. The motion passed. Councilmember Rossbach moved to extend the meeting past curfew until concluded. Seconded by Councilmember Nephew. Ayes — All The motion passed. M. CONSENT AGENDA Councilmember Rossbach moved to approve items 1-4, 6 & 7. Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Councilmember Rossbach moved to approve item 5. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 1. Approval of Claims December 14, 2009 23 City Council Meeting Minutes Councilmember Rossbach moved Approval of Claims. ACCOUNTS PAYABLE: $ 1,002,606.10 Checks # 79885 thru # 79971 Dated 11/18/09 thru 11/24/09 $ 300,288.05 Disbursements via debits to checking account Dated 11/13/09 thru 11/19/09 $ 110,501.86 Disbursements via debits to checking account Dated 11/20/09 thru 11/27/09 $ 478,460.06 Checks #79972 thru #80083 dated 11/20/09 thru 12/08/09 $ 216,866.57 Disbursements via debits to checking account dated 11/30/09 thru 12/04/09 $ 2,108,722.64 Total Accounts Payable PAYROLL $ 491,145.74 Payroll Checks and Direct Deposits dated 11/27/09 $ 2,229.75 Payroll Deduction check #1008276 thru #1008277 dated 11/27/09 $ 493,375.49 Total Payroll $ 2,602,098.13 GRAND TOTAL Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Payment Of Safari Software Maintenance Fees Councilmember Rossbach moved to approve the Payment of Safari Software Maintenance Fees of $10,886.25 from the 2009 IT Fund. Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Request Approval Of 2010 Youth Service Bureau Service Agreement Councilmember Rossbach moved to approve the 2010 Service agreement with the youth service bureau. Seconded by Councilmember Nephew. Ayes — All December 14, 2009 24 City Council Meeting Minutes The motion passed. 4. Temporary Gambling Permits — Ramsey Nursing Home Foundation Councilmember Rossbach moved to approve the temporary gambling permit for Ramsey Nursing Home Foundation at 2000 White Bear Avenue. RESOLUTION 09-12-307 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Ramsey Nursing Home Foundation, 2000 White Bear Ave, January 19, February 23, March 23 and April 27, 2009, from 5 pm to 9 pm. 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. 5. Resolution approving Insurance Labor— Management Committee's Recommendations For Employee Group Insurance Benefits For 2010 a. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Rossbach moved to approve the resolution approving the insurance labor management committees' recommendations for the employee group insurance benefits for 2010. RESOLUTION 09-12-304 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby affirms the recommendations of Insurance Labor Management Committee regarding 2010 employee insurance benefits for the City of Maplewood. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 6. Authorization To Make Payments Prior To Council Approval Councilmember Rossbach moved to approve the city manager or assistant city manager approves the payment of claims on December 28, 2009. Seconded by Councilmember Nephew. Ayes — All December 14, 2009 25 City Council Meeting Minutes The motion passed. 7. Approval Of Lawful Gambling License — Little Canada Recreation Association At Huey's Saloon Councilmember Rossbach moved to approve the Lawful Gambling License for the Little Canada Recreation Association at Huey's Saloon. RESOLUTION 09-12-305 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Little Canada Recreation Association to operate at Huey's Saloon, located at 2425 Highway 61, 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 Councilmember Nephew. Ayes — All The motion passed. N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS — PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:22p.m. December 14, 2009 26 City Council Meeting Minutes