Loading...
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