HomeMy WebLinkAbout05-11-2009A.
A
A
FBI
E
MINUTES
MAPLEWOOD CITY COUNCIL
6:30 p.m., Monday, May 11, 2009
Council Chambers, City Hall
Meeting No. 10-09
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 6:50 p.m. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor
Erik Hjelle, Councilmember
Kathleen Juenemann, Councilmember
John Nephew, Councilmember
Will Rossbach, Councilmember
APPROVAL OF AGENDA
Present
Present
Present at 6:55 p.m.
Present
Present
The following items were added or amended to the agenda by Councilmembers:
H1. N.E.S.T. Report — CouncilmemberRossbach
H2. Web Casting and Cable Commission Update — Councilmember Nephew
H3. 1-94 Corridor Meeting - Mayor Longrie
H4. Commission Packets — Mayor Longrie
H5. North St. Paul Newsletter — Mayor Longrie
L10. Water Conservation Initiatives — Tabled due to the length of the meeting.
Councilmember Hjelle moved to approve the agenda as amended.
Seconded by Councilmember Nephew.
The motion passed.
APPROVAL OF MINUTES
Ayes — All
— Mayor Longrie
Councilmember Nephew moved to approve the April 27, 2009, City Council Workshop Minutes as
submitted.
Seconded by Mayor Longrie.
The motion passed.
May 11, 2009
City Council Meeting Minutes
Ayes — Mayor Longrie,
Councilmember Nephew
& Rossbach
Abstain — Councilmember Hjelle
F.
G.
Approval of the April 27, 2009, City Council Meeting Minutes
Councilmember Nephew emailed changes to the April 27, 2009, City Council Meeting Minutes to
City Clerk, Karen Guilfoile.
Councilmember Nephew said the votes on packet page 12 of 260 and packet page 16 of 260
don't agree with one another. In number 3 Mayor Longrie voted Nay, In number 4 Councilmember
Hjelle and Mayor Longrie voted Nay, and in Number 5 it was a motion to table called by
Councilmember Hjelle.
Councilmember Nephew moved to a
amended.
Seconded by Mayor Longrie.
The motion passed.
VISITOR PRESENTATIONS — PART I
rove the April 27. 2009. Citv Council Meetina Minutes as
Ayes — All
Paul Ruby, 1334 Pearson Drive, Maplewood. Mr. Ruby presented information for the
record regarding manufactured home parks and the present problems in the parks.
2. Justin Bell, Attorney for APAC, All Parks Alliance for Change addressed the council. Mr.
Bell spoke about the state statute and the local 327C.
Mayor Longrie moved to extend the time for Visitor Presentations in order for others to speak.
Seconded by Councilmember Hjelle.
Ayes - All
3. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. Mr. Schriener recommended
that the City of Maplewood consider purchasing the Krieger property in the Beaver Creek
area.
4. Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling said in his opinion the
Human Relations Commission is not necessary. He also complimented the Maplewood
Monthy article by Mayor Longrie. Mr. Schilling commented on the potential shortfall in
Maplewood.
ADMINISTRATIVE PRESENTATIONS
None.
H. COUNCIL PRESENTATIONS (carried over until May 28, 2009)
1. N. E.S.T. Report— Councilmember Rossbach
2. Web Casting and Cable Commission Update — Councilmember Nephew
3. 1-94 Corridor Meeting — Mayor Longrie
4. Commission Packets — Mayor Longrie
5. North St. Paul Newsletter — Mayor Longrie
APPOINTMENTS AND PRESENTATIONS
May 11, 2009
City Council Meeting Minutes
2
1. 2009 National Police Week & Peace Officers Memorial Day Proclamation
a. Maplewood Police Chief, Dave Thomalla introduced the item.
b. Mayor Longrie read the 2009 National Police Week & Peace Officers Memorial
Day Proclamation aloud.
Mayor Longrie moved to approve the 2009 National Police Week & Peace Officers Memorial Day
Proclamation.
PROCLAMATION
WHEREAS, the Congress and President of the United Sates have designated May 15 as Peace Officers
Memorial Day and the week in which it falls as Police Week; and
WHEREAS, the members of the Maplewood Police Department play an essential role in safeguarding
the rights and freedoms of the citizens of Maplewood; and
WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities
of their police department and that members of our police department recognize their duty to serve the
people by safeguarding life and property, by protecting them against violence or disorder and by
protecting the innocent against deception and the weak against oppression or intimidation; and
WHEREAS, the Maplewood Police Department has grown to be a modern and scientific law
enforcement agency which unceasingly provides a vital public service;
NOW, THEREFORE, we, the City Council of Maplewood, call upon all citizens of Maplewood and upon
all patriotic, civil and educational organizations to observe the week of May 10 through 16, 2009, as
Police Week, with appropriate ceremonies in which all of our people may join in commemorating police
officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered
a dedicated service to their communities and, in doing so, have established for themselves an enviable
and enduring reputation for preserving the rights and security of all citizens.
WE FURTHER call upon all citizens of Maplewood to observe May 15, 2009, as Peace Officers Memorial
Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have
become disabled in the performance of duty.
IN WITNESS WHEREOF, we have hereunto set our hands and caused the Seal of the City of
Maplewood to be affixed.
Done at the City of Maplewood this date of May 11, 2009.
Diana Longrie, Mayor
Erik Hjelle, Councilmember
Kathleen Juenemann, Councilmember
John Nephew, Councilmember Will Rossbach, Councilmember
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
2. Police Promotion Ceremony
a. Maplewood Police Chief, Dave Thomalla introduced the police officers. Each Maplewood
Police Officer had a family member pin their badge on each of them.
May 11, 2009 3
City Council Meeting Minutes
1. Deputy Chief, Dave Kvam
2. Lieutenant, Dick Doblar
3. Lieutenant, Kerry Crotty
4. Sergeant, Mike Dugas
3. Appointment of Two Members to Community Design Review Board
Councilmember Nephew moved to appoint Joe Lamers and Michael Mireau as board members to
the Community Design Review Board.
Seconded by Councilmember Juenemann.
The motion passed.
J. PUBLIC HEARINGS
Ayes — Mayor Longrie
Councilmember Juenemann,
Nephew & Rossbach
Abstain — Councilmember Hjelle
Castle Avenue Improvements, Project 08-12
a. Assessment Hearing 7:00 p.m.
b. Approve Resolution Adopting Assessment Roll
C. Resolution Approving Purchase Agreement for Real Property at 2251 Van Dyke
Street
d. Resolution Approving Purchase Agreement for Real Property at 2250 White Bear
Avenue
e. Resolution Receiving Bids and Awarding Construction Contract
i. City Engineer, Deputy Public Works Director, Michael Thompson gave the
report and answered questions of the council.
ii. Assistant City Manager, Public Works Director, Chuck Ahl gave specifics of
the report.
iii. Finance Director, Bob Mittet answered questions of the council.
Mayor Longrie opened the public hearing.
1. Terryl Gordon, Castle Place, Maplewood addressed the council.
2. Bobbie Hagos, 1988 Castle Avenue, Maplewood addressed the council.
Mayor Longrie closed the public hearing.
Councilmember Rossbach moved to approve the adoption of the Assessment Roll for the Castle
Avenue Improvements, City Project 08-12, less all objections as noted within this report and
objections received at the assessment hearing. Objections will be referred to staff for review and
recommendation to the city council at the May 28, 2009, regular meeting.
RESOLUTION 09-05-169
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on April 13th, 2009, calling for a
Public Hearing, the assessment roll for the Castle Avenue Improvements, City Project 08-12, was
presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
May 11, 2009 4
City Council Meeting Minutes
WHEREAS, the following property owners have filed objections to their assessments according to
the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Terry Warner, 1998 Castle Avenue (PIN 11-29-22-31-0060)
2. Dennis Klohs c/o Dick Craven, Central Lakes Properties, 2251 Van Dyke Street (PIN 11-29-22-33-
0005)
3. Arthur Engstrom, Trustee, 2250 White Bear Avenue, (PIN 11-29-22-33-0051)
4. Nebyelul Hagos, 1988 Castle Avenue (PIN 11-29-22-31-0059)
5. Terryl Gordon, 2294 Castle PI N (PIN 11-29-22-31-0094)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
That the City Engineer and City Clerk are hereby instructed to review the objections received, as
noted above, along with any and all objections filed at the Assessment Hearing, and report to the
City Council at the regular meeting on May 28th, 2009, as to their recommendations for
adjustments. The City Engineer and City Clerk are hereby instructed to delay all assessments
proposed for the above objections thereof and shall be included in the final recommendations of
the City Engineer on May 28th, 2009.
2. The assessment roll for the Castle Avenue Improvements as amended, without those property
owners' assessments that have filed objections, a copy of which is attached hereto and made a
part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment
against the lands named therein, and each tract of land therein included is hereby found to be
benefited by the proposed improvement in the amount of the assessment levied against it.
3. Such assessments shall be payable in equal annual installments extending over a period of 15
years for residential and 8 year for commercial, the first installments to be payable on or before
the first Monday in January 2010 and shall bear interest at the rate of 6.0 percent per annum for
the date of the adoption of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until December 31, 2009. To
each subsequent installment when due shall be added interest for one year on all unpaid
installments.
4. The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on such
property, with interest accrued to the date of the payment, to the city clerk, except that no interest
shall be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire
amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before October 15 or interest will be
charged through December 31 of the next succeeding year.
5. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than November
1, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on
the property tax lists of the county. Such assessments shall be collected and paid over the same
manner as other municipal taxes.
Adopted by the council on this 11th day of May 2009.
Seconded by Councilmember Juenemann. Ayes — All
Councilmember Nephew made a friendly amendment to have the concern regarding the interest
rate be brought back to the city council at the next council meeting.
May 11, 2009 5
City Council Meeting Minutes
The friendly amendment was not accepted and the motioner stated they would prefer it be a
separate motion.
The motion passed.
Councilmember Nephew moved to recommend that staff bring back information and a
reconsideration of the interest rate in these assessment rolls at the next city council meeting.
Seconded by Councilmember Rossbach.
The motion passed.
Ayes — Mayor Longrie,
Councilmembers Hjelle,
Nephew and Rossbach
Nays — Councilmember Juenemann,
Councilmember Juenemann moved to approve entering into a purchase agreement with the
Property owner at 2251 Van Dyke Street for the northern portion of the property for the purposes
of street construction.
RESOLUTION 09-05-167
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
Councilmember Juenemann moved to approve entering into a purchase agreement with the
Property owner at 2250 White Bear Avenue for the northern portion of the property for the
purposes of street construction.
RESOLUTION 09-05-168
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
Councilmember Juenemann moved to approve awarding the base bid and bid alternate #1
portions of the construction for the Castle Avenue Improvements, City Project 08-12, to T.A.
Schifsky and Sons, Inc. of North St. Paul, Minnesota and approve the revised project budget.
RESOLUTION 09-05-170
RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
T.A. Schifsky and Sons, Inc. in the amount of $797,687.05, which includes the Base Bid and Bid
Alternate No. 1 portions of the contract, is the lowest responsible bid for the construction Castle Avenue
Improvements, City Project 08-12, and the mayor and clerk are hereby authorized and directed to enter
into a contract with said bidder for and on behalf of the city.
The finance director is hereby authorized to make the financial transfers necessary to implement the
revised financing plan for the project as follows:
May 11, 2009 6
City Council Meeting Minutes
Proposed Financing Sources
GO Improvement Bonds
$
422,900
PIP Funds
$
190,000
Municipal State Aid
$
86,200
Mn/DOT Turnback
$
75,000
Assessments
$
237,100
Sanitary Sewer Fund
$
25,700
WAC
$
30,000
EU F
$
284,300
Driveway Program
$
10,000
TOTAL
$
1,361,200
Adopted by the council on this 11th day of May, 2009.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed
K. UNFINISHED BUSINESS
1. Century Avenue Improvements, Project 03-15, Resolution Adopting Revised
Assessment Roll
a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report
and answered questions of the council.
b. Assistant City Engineer, Public Works Director, Chuck Ahl gave specifics of the
report.
i. Sean Kiger, 9 Century Avenue North, Hogda, LLC. Maplewood addressed
the council.
Councilmember Rossbach moved to approve the resolution for the Adoption of the Revised
Assessment Roll for the Century Avenue Improvements, Project 03-15.
RESOLUTION 09-05-171
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on March 23 d, 2009, the
assessment roll for the Century Avenue Improvements, City Project 03-15, was presented in a Public
Hearing format on April 27th, 2009, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, two property owners filed an objection to their assessment according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Greg Whitman, 11 Century Avenue South, Speedway SuperAmerica, LLC (PIN 012822410014):
It is currently proposed that the property be assessed along Century Avenue as part of the
Century Avenue project. The objection has been provided as a supplement to this report.
2. Richard Luhrs and Sean Kiger, 9 Century Avenue North, Hogda, LLC (PIN 012822140005): It is
currently proposed that the property be assessed along Century Avenue, and a portion of Upper
Afton which is being reconstructed as part of the Century Avenue project. The objection has
been provided as a supplement to this report.
May 11, 2009 7
City Council Meeting Minutes
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments
to the assessment roll for the Century Avenue Improvements, City Project 03-15:
1. Greg Whitman, 11 Century Avenue South, Speedway SuperAmerica, LLC (PIN 012822410014):
Grant revision of assessment (15% reduction) from $19,080.00 to $16,218.00.
2. Richard Luhrs and Sean Kiger, 9 Century Avenue North, Hogda, LLC (PIN 012822140005):
Grant revision of assessment (15% reduction) from $22,937.50 to $19,496.88.
B. The assessment roll for the Century Avenue Improvements, City Project 03-15, as amended,
is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll
shall constitute the assessment against the lands named therein, and each tract of land therein included
is hereby found to be benefited by the proposed improvement in the amount of the assessment levied
against it.
C. Such assessments shall be payable in equal annual installments extending over a period of 8
years, the first installments to be payable on or before the first Monday in January 2010 and shall bear
interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution.
To the first installment shall be added interest on the entire assessment from the date of this resolution
until December 31, 2009. To each subsequent installment when due shall be added interest for one year
on all unpaid installments.
D. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on
such property, with interest accrued to the date of the payment, to the office of the city engineer, except
that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire amount
of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before October 15 or interest will be charged through
December 31 of the next succeeding year.
E. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than
November 1, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended
on the property tax lists of the county. Such assessments shall be collected and paid over the same
manner as other municipal taxes.
Adopted by the council on this 11th day of May 2009.
Seconded by Councilmember Juenemann. Ayes — Mayor Longrie,
Councilmember Hjelle,
Juenemann & Rossbach
Nay — Councilmember Nephew
The motion passed.
2. Consider Approval of the Fish Creek Greenway Corridor Commission (ad-hoc)
a. Environmental Planner, Shann Finwall gave the specifics of the report.
b. City Attorney, Alan Kantrud answered questions of the council.
C. City Manager, James Antonen addressed the council.
May 11, 2009 8
City Council Meeting Minutes
d. Director Community Development and Parks, DuWayne Konewko gave the
report and answered questions of the council.
i. Ginny Yingling, 673 Dorland Road South, Maplewood.
Councilmember Rossbach moved to approve appointing an ad-hoc commission to make
recommendations on land protection for the Fish Creek Natural Area Greenway. The
members of this committee shall consist of 1 member from the Parks Commission, 1 member
from the Environmental and Natural Resources Commission, 1 County staff member, 1 city
staff member, 1 Representative from the Friends of Maplewood Nature Center as a
Maplewood Resident and 1 member from the Ramsey Washington County Watershed
District. and 'I 4+_I -rqe IaRGIG R9
Seconded by Councilmember Juenemann. Ayes — Mayor Longrie,
Councilmember Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
Commissioner Rossbach revised his motion to eliminate the At Large Landowner.
The amendment was accepted by the seconder.
Mayor Longrie invited Mr. Gonzales to address the council in the middle of the motion.
George Gonzales, 2359 Heights Avenue, Maplewood addressed the council.
The motion passed.
3. Conditional Use Permit Review — Beaver Lake Town Houses, Maryland Avenue
and Lakewood Drive
a. Planner, Michael Martin 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 Fire Chief, Steve Lukin answered questions of the council.
Mayor Longrie asked if anyone wanted to come forward and address the council.
Bill Schriener, 1098 Beaver Creek Parkway, Maplewood.
Councilmember Hjelle moved to recommend a 3 -month review for the Beaver Lake Town Houses
at Maryland Avenue and Lakewood Drive to be brought back to the council regarding the
outstanding issues on erosion, garbage and restoration.
Seconded by Councilmember Juenemann.
May 11, 2009
City Council Meeting Minutes
Ayes — Mayor Longrie,
Councilmember Hjelle,
Juenemann & Nephew
Nays — Councilmember Rossbach
e✓
The motion passed.
Councilmember Nephew moved to authorize staff to administratively amend the CUP conditions
of approval, permitting a 27'4" street width instead of a 28' wide street in order to allow parking on
one side of the street.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
The city council took a 10 -minute recess at 9:50 p.m.
The city council reconvened at 10:00 p.m.
L. NEW BUSINESS
Councilmember Hjelle requested to move agenda item L2 before L 1 since attendees are present
for this item.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
2. Consider Resolution Receiving Preliminary Report on Alignment Study Along Lydia
Avenue of Lake Links Trail Connection and Authorization of the Preparation of the
Plans and Specifications
a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report
and answered questions of the council.
b. Assistant City Manager, Public Works Director, Chuck AN gave specifics of the
report.
Mayor Longrie asked if anyone wanted to speak regarding this item.
1. Cindy Yorkovich, 3044 Standridge Place, Maplewood.
2. Sherry Orlando, 3001 Standridge Place, Maplewood.
3. Peter Fischer, 2443 Standridge Place, Maplewood.
Councilmember Nephew moved to approve the resolution accepting the preliminary report and
authorizina the preparation of plans and specifications for the Lake Links Trail Improvements Cit
Project 08-16. With two bid alternates. One bid alternate would be as outlined in the staff
recommendation for the bituminous trail along Lydia the second would be for just an off
street trail on the McKnight portion to Lydia. Look at the onstreet option on Lydia prior to
accepting bids regarding whether or not to accept the bid alternate.
RESOLUTION 09-05-173
ACCEPTING REPORT AND AUTHORIZING THE PREPARATION OF
PLANS AND SPECIFICATIONS
WHEREAS, a feasibility report has been prepared for the Lake Links Trail Improvements,
City Project 08-16, and this report was received by the Council on May 11, 2009, and
May 11, 2009 10
City Council Meeting Minutes
WHEREAS, the report provides a recommended alignment for the trail and information
regarding whether the proposed project is necessary, cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
That the final plans and specifications be prepared for the Lake Links Trail Improvements
with the recommendations of the feasibility report.
Approved this 11th day of May 2009.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
Approval of the Silver Lake Improvement Association's Request for Herbicide
Treatment Funding for Silver Lake
a. Environmental Planner, Shann Finwall gave the report and answered questions of
the council.
Councilmember Rossbach moved to Fund Silver Lake Association's request for herbicide
treatment of Silver Lake at the same rate as last year, $8,250. Future funding should be
conditioned on additional lake studies and additional stormwater best management practices
being implemented by the homeowners.
Seconded by Councilmember Nephew.
The motion passed.
Ayes — Councilmembers Juenemann,
Nephew & Rossbach
Nays - Mayor Longrie &
Councilmember Hjelle
3. 2030 Comprehensive Plan Update Review
a. Planner, Michael Martin gave the report and answered questions of the council.
b. Environmental Planner, Shann Finwall gave the specifics of the report and
answered questions of the council.
Mayor Longrie asked if anyone wanted to speak to come forward.
1. Jim Nygaard, 1110 County Road C East, Maplewood. Mr. Nygaard presented a petition
for the permanent record.
2. Mark Jenkins, 830 New Century Blvd South, Maplewood.
Councilmember Rossbach moved to table the 2030 Comprehensive Plan Update until the next
council meeting.
Seconded by Mayor Longrie.
The motion to table passed.
May 11, 2009
City Council Meeting Minutes
Ayes — All
11
Completing L4, 6, 7, 9, M1, M4, M5, .
Friendly amendment to have L7 heard ahead of the other agenda items due to people waiting in
the audience.
Councilmember Rossbach moved to table the remaining agenda items which are L5, L8, M2,
M3, and M6 -M10 until the next council meeting of Thursday, May 28, 2009.
Seconded by Councilmember Nephew.
The motion to table passed.
Ayes — Mayor Longrie,
Councilmembers Hjelle,
& Nephew
Nays — Councilmembers Juenemann
& Rossbach
4. Lawful Gambling Temporary Permit for White Bear Avenue Business Association
a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report.
Councilmember Hjelle moved to approve the resolution for a temporary gambling permit for White
Bear Avenue Business Association.
RESOLUTION 09-05-172
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary premises permit for lawful gambling is approved for White Bear Avenue Business
Association, PO Box 9328, North St. Paul, MN 55109 to be used on July 8, 2009, through July
12, 2009, at Ramsey County Fair Grounds, 2020 White Bear Avenue, Maplewood MN 55109.
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. Consider Resolution Authorizing Preparation of Preliminary Report on
Advancement of 2010 Projects on Holloway Avenue (North St. Paul to McKnight and
Stanich-Highlands Area Streets) (TABLED UNTIL MAY 28, 2009.)
6. Approval of ROW Concept, White Bear Avenue Improvements, Project 08-13
a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report
and answered questions of the council.
May 11, 2009 12
City Council Meeting Minutes
Councilmember Hjelle moved to approve the right-of-way plan for the White Bear Avenue
Improvements, City Project 08-13, through adoption of the resolution.
RESOLUTION 09-05-174
APPROVING RIGHT-OF-WAY PLAN
WHEREAS, the consultant representing the City of Maplewood and Ramsey County has
prepared a Right -of -Way Plan for the White Bear Avenue Improvements, City Project 08-13, which
generally consists of White Bear Avenue from County Road D to Radatz Avenue, and County Road D
from Southlawn Drive to White Bear Avenue.
WHEREAS, Maplewood City Code 44-14 applies to this road widening project and states:
WHEREAS, Ramsey County is the governing agency responsible for property acquisition for City
Project 08-13.
WHEREAS, permanent easements and/or right-of-way acquisition are needed from property
owners to successfully construct the project improvements and said easements and/or right-of-way
acquisition are required to increase the width of said streets.
WHEREAS, Right -of -Way Plan approval provides assurance to property owners that impact to
properties, as a direct result of City Project 08-13, will not cause violations to City Code.
WHEREAS, Right -of -Way Plan shows the current right-of-way limits and proposed acquisition
thereby clearly delineating the impacts caused by City Project 08-13.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
May 11, 2009 13
City Council Meeting Minutes
Approves the Right -of Way Plan for City Project 08-13.
Seconded by Councilmember Nephew Ayes - All
The motion passed.
7. Conditional Use Permit, Xcel Energy Tanners Lake Electrical Substation Expansion,
2500 Conway Avenue
a. Planner, Michael Martin gave the report.
i. Chris Rogers, Xcel Energy Minneapolis addressed and answered
questions of the council. Mr. Rogers said a correction is that it should say
feeder bay instead of transformer in the resolution.
Councilmember Hielle moved to adopt the resolution approving a conditional use permit for Xcel
Energy to expand the Tanners Lake Substation located at 2500 Conway Avenue. The city bases
this approval on the findings required by the ordinance. This approval is subject to the following
conditions:
CONDITIONAL USE PERMIT RESOLUTION 09-05-175
WHEREAS, Mr. Chris Rogers, representing Xcel Energy, applied for a conditional use permit for
the expansion of the Tanners Lake Substation at 3M Center.
WHEREAS, this permit applies to the property located at 2500 Conway Avenue. The legal
description is:
The West 50 feet of East 411.74 feet of South 86 feet of North 221.49 feet and West 167 feet of East
361.74 feet of South 201 feet of North 336.49 feet of Southwest'/4 of Section 36, Township 29,
Range 22.
WHEREAS, the history of this conditional use permit is as follows:
On April 21, 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 recommended that the city council approve the conditional use permit.
2. On May 11, 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.
May 11, 2009 14
City Council Meeting Minutes
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 and activities on the site shall follow the site and project plans dated March 26,
2009 as approved by the city. City staff may approve minor changes to these plans and the city
council must approve major changes to the approved plans.
2. Any fence over six feet tall requires a building permit issued by the city. The city building official
will require the submittal of a structural plan for the proposed fence approved by a registered
engineer with the building permit materials. All slab installations for the proposed equipment will
require a building permit as well.
3. Xcel Energy must start the installation of the new feeder and associated site work within one
year of council approval or the permit shall become null and void. The council may extend this
deadline for one year.
4. The city council shall review this permit in one year.
5. Xcel Energy must obtain an easement from 3M Company for the proposed expansion.
The Maplewood City Council approved this resolution on May 11, 2009.
Seconded by Councilmember Rossbach. Ayes - All
The motion passed.
8. Consider Resolution Authorizing Pride of Maplewood Program by City Manager
(TABLED UNTIL May 28, 2009.)
9. Fish Creek Bluffs — CoPar Carver Crossing Development: Real Estate Negotiations
— Mayor Longrie
a. City Manager, Mr. Antonen gave the report and answered questions of the council.
Councilmember Nephew moved to authorize the city attorney to exercise the city's rights under
Section 2.2A of the Carver Crossing Development Agreement.
Seconded by Councilmember Rossbach. Ayes - All
The motion passed.
10. Water Conservation Initiatives — Mayor Longrie (TABLED)
M. CONSENT AGENDA
May 11, 2009 15
City Council Meeting Minutes
1. Councilmember Nephew moved to approve items 1, 4, and 5.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
1. Approval of Claims
Councilmember Nephew moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 641,113.36 Checks # 78231 thru # 78286
$ 340,191.77 Disbursements via debits to checking account
Dated 04/17/09 thru 04/24/09
$ 214,982.62 Checks # 78287 thru # 78339
Dated 4/28/09 thru 05/05/09
$ 148,337.84 Disbursements via debits to checking account
dated 04/24/09 thru 05/05/09
$ 1,344,625.59 Total Accounts Payable
PAYROLL
$ 486,673.08 Payroll Checks and Direct Deposits dated 05/01/09
$ 2,629.43 Payroll Deduction check #1007148 thru #1007149
dated 05/01/09
$ 489,302.51 Total Payroll
$ 1,833,928.10 GRAND TOTAL
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
2. Conditional Use Permit Review — Commercial Equipment Parking and Storage, 65
Larpenteur Avenue East. (TABLED UNTIL MAY 28, 2009.)
3. Approve Resolution of Support For STP Application, Project 09-08, English/TH 36
Interchange Improvements (TABLED UNTIL MAY 28, 2009.)
4. Carsgrove Meadows Area Street Improvements, Project 08-10
Councilmember Nephew moved to approve the resolution for the Carsgrove Meadows Street
Improvements. Proiect 08-10: Acceptina Assessment Roll and Orderina Assessment Hearina.
RESOLUTION 09-05-176
May 11, 2009
City Council Meeting Minutes
16
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an
assessment roll for the Carsgrove Meadows Area Street Improvements, City Project 08-10, and the said
assessment roll is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
1. A hearing shall be held on the 28th day of May 2009, at the city hall at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail
notices to the owners of all property affected by said assessment.
The notice of hearing shall state the date, time and place of hearing, the general nature of the
improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city
engineer and that written or oral objections will be considered.
Seconded by Councilmember Hjelle. Ayes - All
The motion passed.
5. County Road D Street Improvements, Project 08-20
a. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for June 8,
2009
b. Resolution Adding Lake Links Trail Improvements, City Project 08-16, to Project 08-20
Councilmember Nephew moved to approve the resolution for the County Road D Street
Improvements, Project 08-20: Accepting the Assessment Roll and Ordering Assessment Hearing. It
is also recommended that the council adopt the resolution adding Lake Links Trail Improvements,
City Project 08-16, to Project 08-20.
RESOLUTION 09-05-177
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING
WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an
assessment roll for the County Road D Street Improvements, City Project 08-20, and the said
assessment roll is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
1. A hearing shall be held on the 8th day of June 2009, at city hall at 7:00 p.m. to pass upon
such proposed assessment and at such time and place all persons owning property affected by such
improvement will be given an opportunity to be heard with reference to such assessment.
May 11, 2009 17
City Council Meeting Minutes
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail
notices to the owners of all property affected by said assessment.
The notice of hearing shall state the date, time and place of hearing, the general nature of the
improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city
engineer and that written or oral objections will be considered.
RESOLUTION 09-05-178
ADDING LAKE LINKS TRAIL IMPROVEMENTS, CITY PROJECT 08-16, TO PROJECT 08-20
WHEREAS, a feasibility report has been prepared for the Lake Links Trail Improvements, City
Project 08-16, and this report was received by the Council on May 11, 2009, and
WHEREAS, the report provided a recommended alignment for the trail and information regarding
whether the proposed project is necessary, cost-effective, and feasible,
WHEREAS, Project 08-16 was originally part of the project scope of Project 08-20,
WHEREAS, Project 08-16 should be bid and completed as part of Project 08-20, which is a State
Aid Project,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
1) That final plans and specifications are directed to be prepared for the Lake Links Trail
Improvements in accordance with the recommendations of the feasibility report and that the proposed
improvements be included as part of Project 08-20 (County Road D Improvements, McKnight to Lydia),
2) That Project 08-16 is hereby an extension of Project 08-20,
3) That Bidding of the Lake Links Trail project is authorized and the Lake Links Trail Project shall
be included as part of City Project 08-20.
Approved this 11th day of May 2009
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
6. Approval to Enter Into Joint Powers Agreement With State of Minnesota — Child Sexual
Predator Program. (TABLED UNTIL MAY 28, 2009.)
7. Resolution Accepting of Donations to 2009 Landfall Cops & Kids Fishing Clinic
(TABLED UNTIL MAY 28, 2009.)
8. Approval of 2008 Budget Adjustments for MCC
(TABLED UNTIL MAY 28, 2009.)
9. Resolution to Maintain the Statutory Tort Limits
(TABLED UNTIL MAY 28, 2009.)
10. Resolution Authorizing Purchase of Insurance Agent Services
(TABLED UNTIL MAY 28, 2009.)
May 11, 2009 18
City Council Meeting Minutes
N. AWARD OF BIDS
None.
O. VISITOR PRESENTATIONS — PART II
None.
P. ADJOURNMENT
Mayor Longrie adjourned the meeting at 12:10 a.m.
May 11, 2009 19
City Council Meeting Minutes
We the understand request that Maplewood City Council reject the plan to place the Lake Link:
Trail between McKnight Road and Bellaire Avenue on the south side of Lydia Avenue. We
favor the Lake Links Trail on County Road D for the following reasons:
• Lydia is an extremely busy road with traffic from Century Avenue to Maplewood Mall
• Playcrest Park is very busy with the playground, the softball field, and the soccer field -
all parking for these activities is on Lydia Avenue
• The City of Maplewood has plans for an improvement project for County Road D - tn�
Lake Links Trail could be done at the same time
• Concern for safety of the users for the Lake Links Trail should be primary
NAME ADDRESS PHONE NUMBER
/,; techs lv=��-��j� . Z `%95` %7 rzL h c c •=�J �l 7 7 7- 1711
• f `� j,�:ll �' -f� JOo lG, 1 -1-70 ae%*'+
X lfC. p
r'' i'L �! r.�l �� V'1 `� Z'°. %� t%f ✓�L4 !� � � �� 5 5 t-" t` � c � `�-�i 67 C1 ✓.,�J�'�_:
F'%�/^ /�,!jr"�ili� �(%�7c;' LST,'/�'%f"��./`%� y--,-� .•,;;) >>
/./r�`'ka-�^" /v' t5�� r l :�J�b,� °-�-�r�•-v-.G�'<l!��.� �"j I�') _ 'j j''S ,>
as i�
AA-
�.��l %
tG r i - �; Vin.
; 7
v ` QJ( A Otol -3 e) O'� A) &,S-, 7 7 C',
J, /Y7 e-
V
-7
i - -7-7 t, , —7S--�
lin
;017
-jaf\d.- pw- �oaq 7?d c2
ydrkou
—777 Z-- �?Y
7
Ko1
r he Permanent Record
Meeting Date: 61-uII 9/y
Agenda Item #: �' 3
PETITION TO RETAIN CURRENT LAND USE IN CITY COMPREHENSIVE PLAN
The undersigned petitioners hereby petitions the city of Maplewood not to accept the
planning commission's proposal in the comprehensive plan to change the land use
designation of the property described from light industrial to commercial. The described
property is bounded by Town and Country park (2557 Hwy 61), the South side of the
resident's property along County Road C, Maplewood Drive, and Kohlman Park. The
property includes a pond and a significant amount of wetland. The petitioner's request
the city to retain the current land use and maintain the pond and wetland that currently
exist on the property.
Mwzall
U �
NAME
(Please print
leaibly-mmv
657Ao
c l
oig
---------------
73- 6-Z,_
JV>,Ak jIYCif
L4