HomeMy WebLinkAbout02-23-2009A.
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FBI
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MINUTES
MAPLEWOOD CITY COUNCIL
6:30 p.m., Monday, February 23, 2009
Council Chambers, City Hall
Meeting No. 05-09
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 6:32 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 (left at 7 p.m. returned at 9:17 p.m.)
Present
Present
Present
The following Agenda Items were added or changed by city councilmembers.
K1. Councilmember Hjelle stated that he would be leaving the meeting at 7 pm for a meeting
and would not be returning until after 9 pm, therefore, he would like to move agenda item
K1. Approval of Employment Contract With City Manager Candidate James Antonen to
after item D. Approval of Agenda. (The council agreed to adjusting the agenda order)
H2. Councilmember Hjelle Removed Agenda Item H2 from the Agenda
H8. Mayor Longrie Removed Agenda Item H8 - 2009 Budget and added a new Agenda Item
H8 as Website Corrections
H9. Mayor Longrie - City Towing Contract
H10. Mayor Longrie - Basics of Planning and Zoning Seminars
Councilmember Nephew moved to approve the agenda as amended.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
APPROVAL OF MINUTES
Councilmember Juenemann moved to approve the February 9, 2009, City Council Workshop
Minutes as submitted.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — Al I
Approval of February 9, 2009, City Council Meeting Minutes.
February 23, 2009
City Council Meeting Minutes
Councilmember Nephew had a clarification and correction to page 6 (page 11 of 188) correcting
that it should say, Approval of the Code Amendment only and not the Property Zoning Request.
Councilmember Nephew moved to approve the February 9, 2009, City Council Meeting Minutes
as amended
Seconded by Councilmember Hjelle. Ayes —All
The motion passed.
F. VISITOR PRESENTATIONS — PART I
Bob Zick, 2515 White Bear Avenue, Maplewood. He spoke about a lawsuit between a
commissioner and the City of Maplewood and Acting City Manager, Chuck Ahl's contract
agreement.
2. Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling asked what the monthly
payroll for the City of Maplewood was. He asked how many people that work for the City
of Maplewood actually live in the city. He referred to an article in the newspaper dated
February 21, 2009, regarding the economy and hardships people are going through in
Ramsey County. He wondered what the City of Maplewood planned to do regarding
layoffs and cut back of services.
3. Ed Dietz, 1403 Kohlman Avenue, Maplewood. Mr. Dietz stated he had been terminated as
volunteer firefighter after 32 years of service and turned in his badges.
4. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten discussed the
open meeting law, and discussed a lawsuit that had recently occurred in the City
pertaining to a possible violation of the open meeting law.
G. ADMINISTRATIVE PRESENTATIONS (moved to the end of the meeting)
1. 60 -Day Review of Stargate Dance Club — Chief Thomalla
2. Report on 2009 Budget Issues Within Community Development Department
3. Notice of Council — Manager Work Session on March 2, 2009, (5-8 p.m.) to Review
Conservation Easements and Wetland Ordinance
H. COUNCIL PRESENTATIONS
1. Employment Contracts — Mayor Longrie
�o�gran4 TQ'cemovval Remind r Ge�innilmomhor use (removed from agenda)
3. Fish Creek — Councilmember Nephew
4. Code Enforcement Nuisance Ordinance — Mayor Longrie
5. 311 — Mayor Longrie
6. Website — City Council Page — Mayor Longrie
7. Announcement of Appointment to First Tier Suburbs Council For National League of Cities
— Mayor Longrie
R. 2999 Budget Mayor Le ;gFie (removed from the agenda)
8. City Towing Contract (heard at the end of the council meeting)
9. Basics of Planning & Zoning Seminars
APPOINTMENTS AND PRESENTATIONS
None.
February 23, 2009 2
City Council Meeting Minutes
J. PUBLIC HEARINGS
Resolution Giving Host Approval to The Issuance Of A School Facility Revenue
Note Under Minnesota Statutes, Sections 469.152 Through 469.1651 For Project
By The Minnesota Waldorf School Located In Maplewood Minnesota (The Waldorf
School Project.)
a. Finance Director, Bob Mittet gave the presentation.
b. Administrative Director, Waldorf School, Melinda Lopes addressed and answered
questions of council.
C. Planner, Michael Martin answered questions of the council.
Mayor Longrie opened the public hearing.
Robert Martin, 2329 Londin Lane, Maplewood.
Mayor Longrie closed the public hearing.
Councilmember Nephew moved to approve to the Resolution Granting Host Approval for the
Issuance of Revenue Bonds by the City of Little Canada for The Minnesota Waldorf School.
Extract of Minutes of a Meeting of the
City Council of the
City of Maplewood, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Maplewood, Minnesota, was duly held at the City Hall in said City on Monday, the 23rd day of
February, 2009, at 7:00 P.M.
The following members were present: Mayor Longrie, Councilmembers Juenemann, Nephew &
Rossbach.
and the following were absent: Councilmember Hjelle
Member Nephew introduced the following resolution and moved its adoption:
RESOLUTION NO. 09-02-132
RESOLUTION GIVING HOST APPROVAL TO THE
ISSUANCE OF A SCHOOL FACILITY REVENUE NOTE UNDER
MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1651 FOR A
PROJECT BY THE MINNESOTA WALDORF SCHOOL
LOCATED IN MAPLEWOOD, MINNESOTA
(THE WALDORF SCHOOL PROJECT)
The motion for the adoption of the foregoing resolution was duly seconded by member
Juenemann, and after full discussion thereof and upon vote being taken thereon, the following
voted in favor thereof: (ALL)
and the following voted against the same: (NONE)
whereupon said resolution was declared duly passed and adopted.
February 23, 2009 3
City Council Meeting Minutes
RESOLUTION 09-02-132
GIVING HOST APPROVAL TO THE
ISSUANCE OF A SCHOOL FACILITY REVENUE NOTE UNDER
MINNESOTA STATUTES SECTIONS 469.152 THROUGH 469.1651 FOR A
PROJECT BY THE MINNESOTA WALDORF SCHOOL
LOCATED IN MAPLEWOOD, MINNESOTA
(WALDORF SCHOOL PROJECT)
BE IT RESOLVED, by the City Council (the "Council") of the City of Maplewood, Minnesota (the
"City") as follows:
Section 1. General Recitals. The purpose of Minnesota Statutes, Sections 469.152 through
469.1651 as amended, (the "Act"), is, among other things, to promote the welfare of the State of
Minnesota (the "State") by the active attraction and encouragement and development of
economically sound industry and commerce to prevent so far as possible the emergence of
blighted and marginal lands and areas of chronic unemployment.
Section 2. Description of the Project
(a) The Minnesota Waldorf School (the "Borrower"), a Minnesota nonprofit corporation and
organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended
(the "Code") has proposed the issuance of a revenue note under the Act, in one or more series,
in an amount not to exceed $2,800,000 (the "Note") by the City of Little Canada, Minnesota (the
"Issuer") to finance the costs of a project (the "Project") consisting of acquisition, construction and
equipping of an approximately 5,650 square foot addition to and the remodeling of a portion of
the existing grade K-8 school facility located at 70 East County Road B in the City and refinancing
existing debt of the Borrower the proceeds of which were used for the acquisition, construction
and equipping of the approximately 20,000 square foot school facility. The Borrower will be the
initial owner and operator of the Project.
(b) The City has been advised that the Note or other obligations, as and when issued, will not
constitute a charge, lien or encumbrance upon any property of the City or the Issuer, except the
Project and the revenues to be derived from the Project. Such Note or obligations will not be a
charge against the general credit or taxing powers of the City or the Issuer, but is payable from
sums to be paid by the Borrower pursuant to a revenue agreement.
Section 3. Recital of Representations Made by the Borrower.
(a) The Borrower has agreed to pay any and all costs incurred by the City in connection with
the issuance of the Note, whether or not such issuance is carried to completion.
(b) The Borrower has represented to the City that no public official of the City has either a
direct or indirect financial interest in the Project nor will any public official either directly or
indirectly benefit financially from the Project.
Section 4. Public Hearing.
(a) As required by the Act and Section 147(f) of the Code a Notice of Public Hearing was
published in the Maplewood Review, the City's official newspaper and newspaper of general
circulation, for a public hearing on the proposed issuance of the Note and the proposal to
undertake and finance the Project.
(b) As required by the Act and Section 147(f) of the Code the City Council has on this same
date held a public hearing on the issuance of the Note and the proposal to undertake and finance
the portion of the Project located within the jurisdictional limits of the City, at which all those
appearing who desired to speak were heard and written comments were accepted.
February 23, 2009 4
City Council Meeting Minutes
Section 5. Host Approval. The City Council hereby gives the host approval required under Section
147(f) of the Code and, pursuant to Minnesota Statutes, Section 471.656, Subd. 2(2), the City
Council hereby consents to the issuance of the Note.
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and complete
transcript of the minutes of a meeting of the City Council of said City duly called and held on the
date therein indicated, insofar as such minutes relate to granting host approval to the issuance of
a revenue Note for a project in the City.
WITNESS my hand this 23 day of February, 2009.
City Clerk
Seconded by Councilmember Juenemann. Ayes — All
Absent — Councilmember Hjelle
The motion passed
K. UNFINISHED BUSINESS
1. Approval of Employment Contract With City Manager Candidate James Antonen
(this item was moved so that Councilmember Hjelle could be present after returned from a
meeting after 9 pm. This item was actually heard after item K3.)
a. Labor Relations Attorney , Chuck Bethel gave the report.
b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the
council.
Councilmember Nephew moved to approve the Employment Contract with City Manager
Candidate, James Antonen, contingent upon the successful completion of a final background
check and subsequent approval and radification of the city council.
Seconded by Mayor Longrie.
The motion failed.
Ayes — Mayor Longrie &
Councilmember Rossbach
Nays — Councilmembers Hjelle,
Juenemann & Nephew
Councilmember Nephew made a motion to reconsider the Employment Contract with City
Manager Candidate, James Antonen.
Seconded by Mayor Longrie.
February 23, 2009 5
City Council Meeting Minutes
Councilmember Nephew withdrew his motion to reconsider the Employment Contract with City
Manager, Candidate, James Antonen.
No Action Was Taken.
2. Code Amendment Request:
a. Code Amendment For the R-1 R, Rural Single -Dwelling Residence District
Requirements, With A Name Change To "Rural Conservation Dwelling
District." (Second Reading)
b. Rezoning (Zoning Map Changes) From F, Farm Residence District, To R-1 R,
Rural Conservation Dwelling District
i. Parks and Community Development Director, DuWayne Konewko
introduced the report.
ii. City Attorney, Alan Kantrud addressed and answered questions of the
council.
1. Jennifer Haskamp, Pulse Land Group, addressed and answered questions of the
council.
2. Ms. Michael Bailey, 1615 Sterling Street South, Maplewood. (spoke twice)
3. Jay Libby, 2591 Carver Avenue, Maplewood.
Mayor Longrie stated that naming the density bonuses they should be called conservation
bonuses and then in the definition it should state that they are commonly referred to or known as
density bonuses.
Councilmember Rossbach moved to approve the Second Reading of the Resolution (with the
changes discussed at the council meeting). Amending the text to the R-1 R zoning district with
the recommendations and conditions of the Planning Commission, and any recommendations or
conditions of the city council.
PROPOSED ORDINANCE 890
MODIFYING THE R-1 R (RURAL SINGLE -DWELLING RESIDENCE) ZONING DISTRICT
THE MAPLEWOOD CITY COUNCIL approves the following changes to the Maplewood Code of
Ordinances: (Deletions are crossed out and additions are underlined.)
This ordinance shall take effect after the city publishes it in the official newspaper.
Section 1. This section changes Section 44-9 as follows:
Section 44-9. Zoning Districts.
The city is herby divided into the following zoning districts:
F, Farm Residence District.
R-1, Residence District (Single Dwelling).
R-1 R, Rural SiRgle nWe"iRg Distr;,.+ Rural Conservation Dwelling District
R-1 S, Small -Low Single -Dwelling District.
R-2, Residence District (Double Dwelling).
R-3, Residence District (Multiple Dwelling).
R -E, Residence Estate District.
NC, Neighborhood Commercial District.
CO, Commercial Office District.
BC, Business and Commercial District.
LBC, Limited Business Commercial District.
BC(M) Business Commercial Modified District.
February 23, 2009 6
City Council Meeting Minutes
SC, Shopping Center District.
M-1, Light Manufacturing District.
M-2, Heavy manufacturing District.
Section 2. This section deletes, modifies and adds to Sections 44-117 through Section 44-150 as
follows:
DIVISION 3.5 R -1(R) RI 11 41 n12TRIGT RURAL CONSERVATION
DWELLING DISTRICT
Sec. 44-117. Purpose and Intent.
The City of Maplewood finds that there is a direct link between the natural systems and character
that exists throughout certain areas of the community. The requirements of this Rural Conservation
Dwelling District are meant to preserve and enhance the ecological/aesthetic character by providing
incentives that: 1) reinforce and establish ecological connections throughout the city: 2) protect and
enhance of drainageways and water quality: 3) protect and enhance ecological communities: 4) preserve
and improve of vistas: and 5) preserve or reinterpret local historical landmarks.
meter 6er�0Ge—.To allow for and to protect a veFy low deR& .., semi -rural, residential life style, the city
creates the R-1 R zoning district that is intended to encourage conservation based development. This
zoning district is for the areas of Maplewood that are not suitable for suburban or tract development
because of topography, vegetation or other factors that make the area unique. the MASS-all-a+ieR of
M ROGipal sanitary SeWer , ,n1ikely The city finds the most suitable use of these areas is single dwellings
on large lots, but is interested in protecting the natural resources and will encourage developments to
follow the conservation principles and initiatives identified in subsequent sections of this ordinance. To
further support the rural quality of the area, the density calculations in the R-1 R district shall be
calculated on a net acre basis which is further described Section 44-130 (b) of this ordinance. 96IGh Low-
density residential development and conservation development will lessen grading and soil erosion and
will help protect ground water, vegetation and wooded areas. The lett and paFGe'c in the R -I R znninn
conior �n`J ni�4or
Sec. 44-118. Uses.
The City shall only allow the following uses:
(a) Permitted Uses:
1) Any permitted use in the R-1 District, subject to its regulations.
(b) Conditional uses. The City may permit the following by conditional use permit:
1) Any use allowed by conditional use permit in the R-1 (single dwelling) District.
2) Commercial faming or gardening, including the use or storage or associated
equipment, when on a property with a single dwelling.
3) Stands for the sale of agricultural products grown or produced on the property.
4) Metal storage buildings, commonly known as pole barns or agri-buildings, subject
to the applicable size and height requirements.
(c) Prohibited uses. The city prohibits the following uses in the R -1(R) zoning district:
1) Accessory buildings without an associated single dwelling on the same property.
2) Reserved.
Sec. 44-119. Height of buildings.
The maximum height of a single-family dwelling shall be thirty-five (35) feet.
Sec. 44-120. Lot dimensions, lot area, width requirements, and side yards.
February 23, 2009 7
City Council Meeting Minutes
(a) No person shall build a single dwelling on a site less than eighty seven thousand one
hundred twenty (87,120) square feet (2 acres) in area; unless the conservation design principles
are applied as described in Section 3.
(b) Each lot or parcel shall have enough area or usable space for a house, driveway, well and
individual sewage treatment system (ISTS) with a primary and secondary site or an acceptable
design and plan for a community septic system or regional sewer.
(c) Each dwelling and any accessory structure(s) shall have side yard setbacks as defined in
table 44-120.1 and shall be measured from the property line to the structure. of At .-St +hir+., i�rn
feet fromSide PFGPePt tee- The following exceptions to this standard shall apply:
1) The side yard on the street side of a corner lot shall have a width of at least thirty
30 feet.
2) When a property owner uses two (2) or more adjoining lots as a single -building
site, the side yard requirements shall apply only to the outside lot lines.
(d)
16101diRg 63^tbarok pipe The following table identifies the minimum lot area
and lot width based on the conservation tiers:
Table 44-120.1
Conservation
Density
Minimum
Minimum
Side Yard
Front
Tier
Range
Area
Frontage
Setback
Yard Setback
Tier I 0-2
0.5—
15,000
100'
30'
50'
Princi les
1.5 U/A
SF
Tier II (3-5
1.6—
10,000
80'
15'
30'
Principles)
3.5 U/A
SF
FTier III (6-7
3.6—
7,500 SF
50'
10'
20'
aLincigles
4.3 U/A
(e) Each interior lot shall have at least fifty (50) feet of frontage on an improved public street.
(f) Each corner lot or parcel shall have at least eighty (80) feet of frontage on each of the
public streets.
Sec. 44-121. Front Yards.
(a) Each dwelling and any accessory structure(s) shall have a front yard setback as defined in
table 44-120.1. Except that:
1) If each of the lots next to an interior lot has a dwelling, the minimum setback shall
be the setback of the adjacent dwelling closest to the street. The maximum setback shall
be the setback of the adjacent dwelling farthest from the street.
2) If subsection (a)(1) above does not apply and there is a predominant setback, a
dwelling shall be no further forward and no more than five feet to the rear of the
predominant setback.
3) Regardless of the above, if the city council has approved special setbacks for a
development, those setbacks shall apply. City approval of a preliminary plat with building
pads does not constitute approval of special setbacks.
4) Regardless of the above, homeowners may add on to their homes using the
existing setback.
5) In all cases, the accessory structures shall be no closer than the principle structure
unless approved by the City Council.
(b) The director of community development may allow a different front yard setback if the
proposed setback would not adversely affect the drainage of surrounding properties and if any of
the following conditions apply:
February 23, 2009 8
City Council Meeting Minutes
1) The proposed setback would not affect the privacy of adjacent homes.
2) The proposed setback would save significant natural features, as defined in
section 9-188.
3) The proposed setback is necessary to meet city, state or federal regulations, such
as pipeline setback or noise regulations.
4) The proposed setback is necessary for energy saving, health or safety reasons.
Res -44 122. Side ya;�s�,. (Moved to previous section and Table)
frnmT��
pCpnJii�e—Ftic fnlln�vrtvrtnc�cpn+irrvr'Tnv- c+h�Ts+�na
r�rr•ara �
-�II
ka"T jL7 T"f"
e side yaFd elp the Street Side of a rGAGIrneir 'At Shall have a �Xidth of at least fifty (50) f
kb7
side
,,va\Fd roni 1iromon+s shall apply nnhi +n +ho ni i+sirlo In+ linos
�T
so+han�rL.
Sec. 44-123. Rear Yards.
(a) Single dwellings shall have a rear yard setback of at least twenty (20) percent of the lot
depth. OF -A minimi im ro-r so+h_Gk of fifty (50) foo+0 WhinheVeF is large -F.
(b) Accessory buildings shall have a rear yard setback of at least thirty (30) feet.
Sec. 44-124. Tower, antenna and flagpole setbacks.
Antennas and flagpoles for residential (non-commercial) use in the R -1(R) zoning district shall meet
the same setbacks as accessory buildings in the R-1 (single dwelling) district.
Sec. 44-125. Minimum foundation areas; room requirements.
(a) The minimum foundation area shall be at least:
1) A one-story dwelling, nine hundred fifty (950) square feet.
2) A one and one-half story dwelling, seven hundred twenty (720) square feet.
3) A bi-level dwelling, eight hundred sixteen (816) square feet.
4) A tri -level dwelling, seven hundred sixty five (765) square feet.
5) A two story dwelling, five hundred twenty-eight (528) square feet.
(b) Room size and number shall be consistent with the standards of the International
Residential Code.
Sec. 44-126. Building -width requirements.
The minimum building width on the primary frontage aRy Side shall be at least twenty-one (21) feet.
The building width shall not include entryways or other appurtenances that do not run the fully depth of
the building.
Sec. 44-127. Accessory buildings.
(a) Section 44-114 (Accessory buildings) in the R-1 District shall apply to the use and height
of accessory buildings and garages in the R-1 R zoning district.
(b) For lots of at least 2 acres in size the R-1 R zoning district, the following size standards
shall apply to accessory buildings and garages: graduated by tier or size of lot?
Table 44-127.1 Accessory Sizes
February 23, 2009 9
City Council Meeting Minutes
Detached
Attached
Combination of
Buildings (Max Area,
Garages (Max Area,
detach buildings and
Square Feet)
Square Feet)
attached Garage
(Max Area)
Tier 1
1,400 (garages),
1,400
2,800
February 23, 2009 9
City Council Meeting Minutes
1,100 other
Tier II 1,000 SF Total 11000 1,480
Tier III 850 SF Total 850 1,000
on 3. This section adds the conservation principles and conservation desian standards to the R-
1 R zoning district.
Sec. 44-128. Definitions and Conservation Principles.
The conservation principles in the followina table shall represent the conservation incentives for this
ordinance. The definitions of each principle follow the table. All incentives, and subsequent
conservation bonuses as described in Table 44-130.1, shall only be granted IF they exceed the minimum
standards set forth in the existing City ordinances that relate to environmental protection as identified in,
but are not limited to, Ordinance Chapters 12 and 44.
It shall be noted that the City has several ordinances that control and define natural resources and
environmental quality, in all cases, the more restrictive ordinance shall apply and it is the developer's
responsibility to discuss any issues or questions regarding the applicable ordinances with the City
Planner.
The developer shall be aware that the conservation principles shall be subiect to the
recommendations of the city staff, applicable commissions, planning commission and ultimate approval
by the City Council. As stated in Sec. 44-129 the Developer shall be required to work closely with these
bodies to develop a plan that supports the goals and objectives for the R-1 R District. Without Council
approval the Developer will be entitled to a base entitlement of one unit per two acres with a 2.0 acre lot
minimum
In all cases. the Developer shall receive a conservation bonus as described in Table 44-130.1 ONLY
if the development integrates the Conservation Principle as a dominant theme throughout the proposed
development. This shall be required of all proposed conservation principles. The City's objective is to
maintain the rural aualitv of the R-1 R district and encouraae conservation principles and development in
the city's areas with natural resourcegualit
Table 44-128.1 identifies the Conservation Principles that may aualifv for densitv incentives. The
table is categorized into two groups: Group A — Natural Characteristics and Group B — Design
Characteristics. The Developer shall be required to present a diverse set of conservation principles for a
site. Additionally, the developer is encouraged to use a mix of conservation principles and may not
duplicate principles and receive a density incentive in exchange. For example if the developer proposes
to preserve a large wooded area and consequently preserves an important stand of oak trees, the
developer will receive the densitv incentive for one conservation principle not two.
Table 44-128.1 Conservation Principles for Density Incentives
Group A: Natural Characteristics
Group B: Design Characteristics
Additional Shoreline Buffers
Clustering
Additional Stormwater Management
Create/Develop Trail Connections
Creek Restoration Management
Create Passive Parks
Dedicate 50% Open Space
Energy Efficiency
Enhance/Preserve large wooded areas or
forest
Historic Preservation
Enhance Wetlands, Create Management
Plan
LEED Certified Buildings/Development
Prairie Restoration
Low Impact Develo ment LID
Slope Buffer Preservation
Preserve and Establish Natural Area
Greenways
February 23, 2009 10
City Council Meeting Minutes
Tree Preservation I Vista Shed/Corridor Preservation
GROUP A: Natural Characteristics
The following conservation principles are defined for this ordinance as natural characteristics
because they directly apply specifically to naturally occurring characteristics on a site. The principles are
presented in alphabetical order.
Additional Shoreline Buffers: Beyond those already identified in the Shoreland Overlay District, the
creation and plan for permanent protection of protective buffers around those areas which are more
sensitive to the negative impacts of development, especially areas that are defined as bluffs or steep
slopes. where critical habitat may dwell. near historic tree clusters or heritaae trees etcetera for which the
additional buffers may vary or be averaged near the location of protection importance.
Additional Stormwater Management: The City has existing stormwater management policies, but
there is opportunity to further improve the stormwater management on a site. The developer shall be
given a conservation bonus sred+t-for a stormwater management plan, and implementation that exceeds
the City's existing policy.
Creek restoration management: Restoration projects that the City believes would assist in the
restoration of the stream or natural creek that compensate for the loss of past uses of the watershed due
to contamination, erosion and other influences or issues. Specific types of projects proposed for
implementation as part of a development plan would be those that enhance habitat, water quality, and
flow regime such as stormwater management, stream channel stabilization or greenways by
implementing conservation easements, or additional buffers in riparian corridors.
Dedicate 50% Open Space: Open space is defined as public or publicly held an,� land that is
generally natural in character and contains relatively few human -made structures. rred—t en��
The Developer can achieve a conservation bonus for dedication of 50% of a site to open space. �#
�rrlc r Gr,or �n,a4or pro r�rocori4 Or �
ci4o the mvim� �m nr�ri4ri� �
h4ir�ri Fr�r �n,o4larirl r�r
r�rrori n,�4or fn 4hic
The open space
dedication must be developable or have buildable qualities in order to achieve this principle. This
conservation principle will be mandatory to achieve the full density allocation.
Enhance/preserve large wooded areas or forest: An act of deliberately avoiding the removal of
clusters of structurally healthy mature trees and understory trees which are native to the area and non-
invasive, individual heritage trees which are structurally healthy and greater than 20 caliper inches in
order to protect the present or future value for their use in protection from erosion, for their landscape
and aesthetic value, for their use in screening development or for other environmental or intrinsic
benefits. To meet this standard, the developer must prepare a health assessment of the trees on site,
and must show a polygon area on the site with permanent protection plan, that the developer shall
implement, for the areas to be preserved and a management plan including removal of invasive species
on the site.
Enhance wetlands, create a Comprehensive Wetland Management Plan (CWMP): A plan to resolve
development and protection conflicts where wetlands affect a significant portion of a community. The
plan encompasses the identification, study, and evaluation of wetland functions and community values,
and development needs and investments with regard to wetlands protection, enhancement and
regulation. The applicant shall be required to create a plan, that the developer shall implement, that
exceeds the standards of the adopted Wetland Ordinance.
Prairie Restoration: After performing a historical analysis to determine pre -settlement conditions,
prepare a plan for prairie restoration with a specific management strategy that the developer shall
implement. over the course of five vears in order to assure that the prairie establishes. This plan shall be
submitted and approved by the City's Natural Resource Coordinator to determine if it meets this
requirements and subsequently qualifies for the conservation bonus.
Slope buffer preservation: A development plan that deliberately avoids placing any stF +, roc er
lots. in the buffer area of a slope exceedina 12 percent. or as described in the citv's slope ordinance
February 23, 2009 11
City Council Meeting Minutes
section 44-1238 and building code section 12-308. The developer shall establish a buffer with
permanent protection to demonstrate how the buffer and slope is protected and the purpose of the
protection measures and how it exceeds the current slope ordinance requirements. Sfed# A
conservation bonus will be given for those plans that exceed the standards identified in the current steep
slopes ordinance.
Tree Preservation: Through means of a tree inventory, identifying the most significant trees on a site
and permanently protecting them. The Developer shall be required to present a plan for protection of
these trees, and will be required to demonstrate how these trees will be integrated as a key component
of the development. Examples ORG1 1de Prete GtmRq a lame healthy, Galk tree eri a cite frem heirin
GROUP B: Design Characteristics
The following conservation principles relate to the design of a project or of a site. The principles are
presented in alphabetical order.
Clustering: A design technique that groups housing or development sites in a manner that allows for
the conservation and preservation of open spaces such as farmland, natural areas, including habitat
areas and open vistas mss.
Create/Develop trail connections: A plan that illustrates the development of trails that are indicated
on the Parks, Trails and Open Space Plan map as part of the subdivision process, whether active or
passive in nature, with an emphasis on creating trail connections to existing trails. i` e4irt-A conservation
bonus will be given for the development and construction of the trail not for the land dedication which will
be considered part of the city's parkland dedication fees.
Create passive parks: An area set aside through the development process that is environmentally
sensitive and may or may not be developable. These parks may support passive uses such as walking
trails, boardwalks and nature observation areas, but some areas may be too environmentally sensitive to
accommodate any public access. Credit A conservation bonus will only be given for passive dedication
areas that are permanently protected and that are dedicated to a public entity.
Energy efficiency: Using the Minnesota Greenstar Program, develop energy efficient and Greenstar
rated projects and buildings. 6fe4it-A conservation bonus will be given when the developer utilizes the
program to create a 'theme' in a development and uses the Greenstar and conservation principles in
marketing the project.
Historic Preservation: Identifying and protecting through permanent means, any historically
significant areas on a specific site. Examples in^161de „retentiRQ aR ernhaeelogiGally cinnifiGaRt eree
recterinn a hicterinal hern OF OFecePiinn �n irv,,,,,rtant trail. If historical preservation is proposed as a
conservation principle, the city's Historical Preservation Commission shall review and provide
recommendations to the City Council regarding this principle. To reinforce the historical quality, a
signage plan shall be included to clearly communicate the historical significance of the area or artifact.
LEED certified buildings/development (3 Practices per structure): A national set of standards for
buildings and neighborhoods that focuses on the principles of green building , smart growth,
sustainability and healthy living. The LEED for Neighborhood Development Rating System provides
independent, third-party verification that a development's location and design meet accepted high levels
of environmentally responsible, sustainable development. Gfedft-A conservation bonus will be given for
a minimum of 3 practices in the LEED standards certification criteria. The conservation bonus shall only
be given if the LEED standards are applied to all structures throughout a development. Developers are
encouraged to seek LEED certification.
Low Impact Development (LID): An ecologically friendly approach to site development and storm
water management that aims to mitigate development impacts to land, water and air. The approach
emphasizes the integration of site design and planning techniques that conserve the natural systems and
February 23, 2009 12
City Council Meeting Minutes
hydrologic functions of a site. In all cases, the developer must minimize the impervious surface coverage
to achieve low impact development, and must be a minimum of 5% below the 30% coverage standard
allowed. This must be accomplished in conjunction with other LID techniques to achieve this principle. In
order to achieve this principle the developer must demonstrate how they will achieve these principles.
For example R imher and q iaRtmtY of rain nard7ens the use of Porous navemeRt red l id•4inn of imneniini is
si irfad•e end! rear! �Xmdths
Preserve and Establish Natural Area Greenways: The dedication, maintenance or management of
an area identified on the City's Natural Areas Greenway map. The Natural Area Greenway is defined as
large contiguous areas of natural habitat that cross ownership boundaries.
Vista shed/corridor preservation: A site plan or development pattern that is designed specifically to
protect an area on or near the development site that is viewed as integral to protecting the sense of
place, whether the features in the vista are cultural, historical or natural or whether they are viewed from
the street or within the development site.
Sec. 44-129 Application Requirements and Procedures.
The developer shall follow the steps outlined below as part of the development review process. The
developer shall be required to review the contents of this ordinance and prepare a plan consisting of
written and visual documents to support the proposed development.
(a) The developer shall review this ordinance and available natural resource data. The intent
is to establish the property's ecological connections both within Maplewood and as part of the
regional ecological system. If the developer chooses not to use a conservation approach the
developer may develop at the base entitlement of one (1) unit per two (2) acres of land and skip
to step e. If the developer is interested in additional units and smaller lot sizes, then the
developer shall follow steps b -e.
(b) The developer shall prepare and submit a natural resources evaluation of the site,
including all of the following elements, this step is in preparation for meeting with the City Planner
and should be completed prior to developing a concept plan:
1) Tree survey, including all significant individual trees greater than 6 inches in
diameter, and stands of trees, identifying tree species and size.
2) Wetland inventory, including delineation reports: and MnRAM verification
3) Topographic survey indicating existing drainagepatterns. This shall include one
foot (1') contours for steep slope areas to better understand where the top and bottom of
the slopes are for preservation and placement
(c) The developer shall set up a meeting with the City Planner to discuss and establish the
intent and goal for the subdivision. The process shall include a discussion regarding the
appropriate conservation principles as identified in Table 44-128.1 for the specific site and shall
be based on the preliminary natural resource information collected in step (b). The principles
utilized to achieve higher densities on a site must be a (v reviewed and recommended by
the City Staff, Planning Commission and approved by the City Council. The conservation
principles and corresponding conservation bonuses are shown in table 44-130.1
(d) The developer shall create a Concept Plan that includes the following information:
1) A base yield plan, which demonstrates the number of allowed lots as determined
by the base entitlement of one unit per two acres.
2) A description of the conservation principles that are used and the corresponding
conservation bonus and unit count as the developer understands it. This shall also
include information and data that supports how the concept plan addresses the
conservation principle and how the plan meets and exceeds the standards of the Citv's
existing natural resource ordinances.
3) A graphic that demonstrates generally how the lots would be laid out and the unit
types proposed as part of the development.
February 23, 2009 13
City Council Meeting Minutes
4) A narrative that describes the conservation principles used in the concept plan and
supporting data demonstrating how the concept meets the standards of existing
ordinances, and data demonstrating how the concept plan exceeds them.
5) The developer shall submit, with their concept plans, data and reports related to
the conservation principles performed by a reputable ecologist or ecological firm. The City
shall reserve the right, if needed, to hire their own ecological expert at the cost of the
developer to verify and further understand the plans submitted by the Applicant.
6) Submit twenty (20) copies of items 1 through 4 for informal or non-binding
comments by City Staff, Planning Commission and City Council. Each body will provide
feedback and recommendations to the Developer so that they understand the changes
they need to make moving forward to the preliminary plat. It will be up to the City Council
to make the final decision with respect to the implementation of the Conservation
Principles and final density of a project.
(e) After the concept plan review, the developer shall take and integrate the
recommendations and prepare a preliminary plat and final plat submittal in accordance with
section 34-5 of the subdivision ordinance.
(f) A full developer's agreement as well as any necessary agreements or documents that
document the conservation principles and how they will be upheld will be required as a part of
any final plat approval. This shall also include, if applicable, any dedication or transfer of property
for the purpose of permanent conservation shall be completed prior to final plat approval or the
issuance of any building permit.
Sec. 44-130 Conservation Bonus Standards
The following conservation bonuses shall be rewarded based on the number of conservation
principles (as identified in Table 44-128.1) integrated within a development. The conservation principles
and their application must be agreed to by both the developer and the city.
(a)A conservation bonus is defined as the additional allotment of a lot or lots as determined
by the number of conservation principles met. Conservation bonus is also commonly referred to
as a density bonus.
(b) The units obtained through the conservation bonus calculation shall always be rounded
down to the nearest whole number.
(c) The density and number of units shall be calculated on a net area basis. Net density shall
be defined as the number of dwelling units per acre exclusive of arterial streets and right of ways,
steep slopes (in excess of 18%), wetlands and water features, and other publicly dedicated
improvements such as parks.
Table 44-130.1 Conservation Bonus Allotment for Conservation Principles
The following table identifies the baseline entitlement for all property zoned R-1 R of 0.5 Units per
acre. All conservation bonuses are cumulative and the percentage bonus calculated as such.
Density
Number of
Conservation bonus (Housing
Number of Lots on a
10 Acre Site (Example)
Range
Conservation
Units
Principles
Tier
0
None — base entitlement of 2
5 Lots
1:
1
Acre Lots
7 lots
0.5—
2
50%
10 lots
1.5
100%
Tier
3
-
16 lots
2:
4
50%
24 lots
1.6—
5
100%
32 lots
3.5
Tier
6
-
36 lots
February 23, 2009 14
City Council Meeting Minutes
3:
7*
20%
43 lots
3.6-
4.3
The asterisk in Table 44-130.1 denotes a mandatory conservation principle of protecting fifty percent
(50%) of a proposed project in open space. A management plan for all protected open space shall be
required to achieve final plat approval. Potential options include management by a Homeowners
Association, dedicated to a public use or interested agency.
The City Council approved the first reading of this ordinance on February 9, 2009.
The City Council approved the second reading of this ordinance on February 23, 2009.
Mayor
Attest:
Seconded by Councilmember Nephew. Ayes — All
Absent — Councilmember Hjelle
The motion passed.
Councilmember Rossbach moved to approve the Zoning Map Change Resolution.
ZONING MAP CHANGE RESOLUTION 09-02-143
WHEREAS, the City of Maplewood has requested a change to the city's zoning map from Farm
(f) to Rural Conservation Dwelling District (r1 -r).
WHEREAS, this change applies to the Highwood and Carver Ridge areas in the City of
Maplewood, Minnesota.
WHEREAS, the change applies to the following properties:
Properties are located west of Interstate 494, south of Carver Avenue; and east of Interstate 494
near and south of the Fish Creek Regional County Open Space; including the following:
Parcel ID Street Street
Number
242822240007 0 STERLING ST S
242822240012 1435 STERLING ST S
February 23, 2009 15
City Council Meeting Minutes
2.
242822420002
1450
STERLING ST
S
242822310014
0
STERLING ST
S
242822230011
2268
CARVER AVE
E
242822230010
0
CARVER AVE
E
242822230006
0
UNASSIGNED
242822230012
2272
CARVER AVE
E
242822230004
2316
CARVER AVE
E
242822230007
2308
CARVER AVE
E
242822230008
2300
CARVER AVE
E
242822230009
2284
CARVER AVE
E
242822230005
0
UNASSIGNED
242822240011
1399
STERLING ST
S
242822310013
1447
STERLING ST
S
242822310007
0
HENRY LN S
242822110004
1315
CENTURY AVE S
242822120007
2595
CARVER AVE
E
242822240009
2460
CARVER AVE
E
242822240005
2390
CARVER AVE
E
242822230013
2344
CARVER AVE
E
242822230002
2330
CARVER AVE
E
242822230003
2322
CARVER AVE
E
242822420004
1486
STERLING ST
S
242822420005
1490
STERLING ST
S
242822420006
1494
STERLING ST
S
242822120011
0
CARVER AVE
E
242822120014
2575
CARVER AVE
242822120016
2591
CARVER AVE
E
242822120002
0
CARVER AVE
E
242822140007
1325
CENTURY AVE S
242822240002
2466
CARVER AVE
E
242822140009
2717
CARVER AVE
E
242822140008
0
CARVER AVE
E
242822140010
0
CARVER AVE
E
242822110002
0
CARVER AVE
E
242822420009
1460
STERLING ST
S
242822420010
1480
STERLING ST
S
242822140012
2720
CARVER AVE
242822120017
2511
CARVER AVE
E
WHEREAS, the history of this change is as follows:
On January 20, 2009, the planning commission held a public hearing. City staff published a notice
in the Maplewood Review and sent notices to the surrounding property owners. The planning
commission conducted the public hearing whereby all public present were given a chance to
speak and present written statements. The planning commission recommended that the city
council approve the rezoning change.
On February 9, 2009 and February 23, 2009, the city council also considered reports and
recommendations from the city staff and the planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described
change in the zoning map for the following reasons:
The proposed change is consistent with the spirit, purpose and intent of the zoning code.
February 23, 2009 16
City Council Meeting Minutes
2. The proposed change will not substantially injure or detract from the use of neighboring property
or from the character of the neighborhood, and that the use of the property adjacent to the area
included in the proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the community, where
applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical, efficient, and economical
extension of public services and facilities, such as public water, sewers, police and fire protection
and schools.
The Maplewood City Council adopted this resolution on February 23, 2009.
Seconded by Councilmember Nephew. Ayes — All
Absent — Councilmember Hjelle
Nay — councilmember Juenemann
The motion passed.
Council took a recess at 8:40 p.m.
Council resumed the meet at 8:55 p.m.
3. Report on Request for Retaining Wall at North End of Clarence Street (Tabled from
February 9, 2009.)
a. Acting City Manager, Public Works Director, Chuck AN gave the report.
(No action is required for this agenda item)
b. Acting Public Works Director, Michael Thompson answered questions of the
council.
1. Ralph and Veronica Sletten, 2747 Clarence Street North, Maplewood, spoke via
telephone conference.
2. Elizabeth Sletten, 2747 Clarence Street North, Maplewood addressed the council.
Councilmember Hjelle returned to the council meeting at 9:17 p.m.
L. NEW BUSINESS
County Road D Improvements (McKnight to Lydia), City Project 08-20, Resolution
Accepting Report and Calling a Public Hearing.
a. Acting Public Works Director, Michael Thompson gave the presentation.
Councilmember Rossbach moved to approve the Resolution Accepting The Report and Calling
for a Public Hearing for 7:00 p.m., Monday, March 9, 2009, for the County Road D Street
Improvements, City Project 08-20.
RESOLUTION 09-02-133
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the council adopted January 12, 2009, a report has
been prepared by the city engineering division with reference to the improvement of County Road
February 23, 2009 17
City Council Meeting Minutes
D Street Improvements, City Project 08-20, and this report was received by the council on
February 23, 2009, and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
1. The council will consider the County Road D Street Improvements in accordance
with the report and the assessment of abutting property for all or a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the
improvement of $1,780,137.
2. A public hearing shall be held on such proposed improvement on the 9th day of
March, 2009 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and
published notice of such hearing and improvement as required by law.
Approved this 23 d day of February 2009.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
2. Stillwater Road/Hwy 5 Improvements (Lakewood to Century), City Project 09-04,
Resolution Ordering Preparation Of Feasibility Study.
a. Acting Public Works Director, Michael Thompson gave the presentation.
b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the
council.
i. John O'Phelan, 2670 Stillwater Road, Maplewood addressed and answered
questions of the council.
Councilmember Nephew moved to approve the Resolution Ordering the Preparation of the
Feasibility Study for the Stillwater Road/HWY 5 Improvements, City Project 09-04.
RESOLUTION 09-02-134
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to Stillwater Road/HWY 5, City Project
09-04 and to assess the benefited property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
That the proposed improvement be referred to the city's consultant, Kimley-Horn and
Associates, Inc., for study and it is instructed to report to the council with all convenient speed
advising the council in a preliminary way as to whether the proposed improvement is necessary,
cost effective and feasible and as to whether it should best be made as proposed or in connection
with some other improvement, and the estimated cost of the improvement as recommended.
FURTHERMORE, funds in the amount of $60,000 are appropriated to prepare this
feasibility report.
February 23, 2009 18
City Council Meeting Minutes
Approved this 23 d day of February 2009.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
3. Clarification Of Historical Preservation Commission Term Limits and Consideration
Of Re -Appointment of Existing Commissioners.
a. Parks and Community Development Director, DuWayne Konewko gave the report.
Councilmember Juenemann moved to approve Reappointing the following Historical Preservation
Commissioners to two and three year terms as follows:
Commissioner
Robert Creager
Richard Currie
Lucille Aurelius
Ron Cockriel
Al Galbraith
Peter Boulay
New Term Ending
12-31-2011
12-31-2011
12-31-2011
12-31-2010
12-31-2010
12-31-2010
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
4. Employment Contract:
a. Approval of Employment Contract With Public Works Director Charles AN
Mayor Longrie moved to table the Employment Contract for Chuck Ahl as the Public Works
Director since the contract for Mr. Antonen failed to pass.
Seconded by Councilmember Nephew.
The motion to table passed.
M. CONSENT AGENDA
Ayes —Mayor Longrie,
Councilmembers Hjelle,
Nephew
Nays — Councilmembers Juenemann,
& Rossbach
Councilmember Hjelle moved to approve items 1-11.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
Acting City Manager said there was an accounting error in the Approval of Claims. The Grand
Total should be $6,022,291.71 not $9,172,291.71 as shown in the staff report. The correction has
been made and will be made in the staff report and on the website.
1. Approval of Claims.
Councilmember Hjelle moved Approval of Claims.
February 23, 2009 19
City Council Meeting Minutes
ACCOUNTS PAYABLE:
$ 265,114.45 Checks # 77630 thru # 77695
$ 4,811,458.00 Disbursements via debits to checking account
Dated 02/02/09 thru 02/06/09
$ 98,289.48 Checks # 77696 thru # 77733
Dated 02/10/09 thru 02/17/09
$ 3,500,063.62 Disbursements via debits to checking account
dated 02/06/09 thru 02/13/09
$ 5,524,925.55 Total Accounts Payable
PAYROLL
$ 493,880.49
Payroll Checks and Direct Deposits #1006748 thru 1006801
Dated 02/06/09
$ 3,485.67
Payroll Deduction check #1006802 thru #1006803
dated 02/06/09
$ 497,366.16
Total Payroll
6.022.291.71
GRAND TOTAL
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
2. Temporary Gambling Permit For Knights Of Columbus Council #4145.
Councilmember Hjelle moved to approve the Temporary Gambling Permit For Knights Of
Columbus Council #4145.
RESOLUTION 09-02-135
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary premises permit for lawful gambling is approved for the Knights of Columbus Council
4145, 3722 Centerville Road, Vadnais Heights to be used on April 29, 2009 at Gulden's
Restaurant, 2999 Highway 61.
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 Juenemann. Ayes — All
February 23, 2009 20
City Council Meeting Minutes
The motion passed.
3. Temporary Gambling Permit For Church Of The Presentation Of the Blessed Virgin Mary.
Councilmember Hjelle moved to approve the Temporary Gambling Permit For Church Of The
Presentation Of the Blessed Virgin Mary.
RESOLUTION 09-02-136
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary premises permit for lawful gambling on May 2, 2009 and May 3, 2009 is approved for
the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street,
Maplewood.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
4. Request Approval Of A Joint Powers Agreement With St. Paul Fire Regarding Computer
Aided Dispatch.
Councilmember Hjelle moved to approve the Request Approval Of A Joint Powers Agreement
With St. Paul Fire Regarding Computer Aided Dispatch.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
5. Resolution To Amend Retiree Health Savings Plan For Non -Union And Confidential &
Supervisory Assn. Employees.
Councilmember Hjelle moved to approve the Resolution To Amend Retiree Health Savings Plan
For Non -Union And Confidential & Supervisory Assn. Employees
RESOLUTION 09-02-137 AMENDING A
VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN
Plan Number: 800183
Name of Employer: City of Maplewood State: Minnesota
Resolution of the above-named Employer (the "Employer'):
February 23, 2009 21
City Council Meeting Minutes
WHEREAS, the employer has employees rendering valuable services and
WHEREAS, the amendment of its existing retiree health savings plan for such employees
services the interested of the Employer and Employees.
NOW, THEREFORE BE IT RESOLVED, that the Employer hereby amends and restates the Plan
as outlined in the attached VantageCare Retirement Health Savings (RHS) Plan Adoption
Agreement Amendment and Plan Document.
I, Karen Guilfoile, Clerk of the City of Maplewood, do hereby certify that the foregoing resolution
was duly passed and adopted at a regular meeting thereof assembled this 23 day of February,
2009, by the Maplewood City Council.
City Clerk:
RHS PLAN FOR MAPLEWOOD NON-UNION
AND CONFIDENTIAL & SUPERVISORY ASSOCIATION EMPLOYEES
1. Participant and benefit eligibility criteria: Must be full-time employee, no minimum or
maximum age and no years of service requirement.
2. Benefits will be limited to insurance premiums only (health, dental, vision and long-term care
premiums, Medicare Part B, Medicare Part D, Medicare supplements and other prescription drug
insurance premiums).
3. The RHS plan will be funded by severance pay as follows:
a. 100% of eligible severance pay for sick leave and deferred sick leave would be deposited into the
RHS plan if the employee is age 50 or above at the time of separation from service.
b. 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the
employee's balance is at least 80 hours at the time of separation from service and the employee
is at least age 50. If under 80 hours or under age 50, nothing would go in.
c. 100% of accrued vacation and personal holidays would be deposited into the RHS plan if the
employee is at least age 50 and their vacation balance is at lease 80 hours at the time of
separation from service. If under 80 hours or age 50, nothing would go in.
4. The RHS plan will be funded with annual deposits as follows:
a. Employees who are eligible for annual leave and are at least age 50, will have the cash value of
16 hours of annual accrued but unused annual leave deposited into the RHS plan if the annual
leave balance is at least 240 hours on the last payroll in December. In addition, there would be
an annual deposit of the cash value of all hours over 300 hours - as of the last payroll in
December. (Under the first part of this provision, if an employee uses all of their annual accrual in
a particular year, nothing will go into the plan that year. If they use all but 10 hours, the 10 would
go in.)
February 23, 2009 22
City Council Meeting Minutes
b. Employees that have a vacation balance of 160 or more hours on the last payroll in December,
and are at least age 45, will have the cash value of 16 hours of annual accrued but unused
vacation deposited into the RHS plan. In addition, employees of any age will have the cash value
of all vacation hours in excess of the carryover limit (1.5 times annual accrual) deposited into the
RHS plan. (If an employee uses all the vacation they earn that year or their balance did not
exceed the carryover limit, nothing would go in.)
c. All employees will have the cash value of all personal holiday hours unused as of December 31
deposited into the RHS plan.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
6. Frost/TH 61 Intersection Improvements, Project 07-30, Resolution Accepting State Aid
Advancement Funds. Requesting an advance of $406,120 to our Municipal State Aid
account.
Councilmember Hjelle moved to approve Frost/TH 61 Intersection Improvements, Project 07-30,
Resolution Accepting State Aid Advancement Funds. Requesting an advance of $406,120 to our
Municipal State Aid account.
RESOLUTION 09-02-138
MUNICIPAL STATE AID STREET FUNDS ADVANCE RESOLUTION
WHEREAS, the Municipality of Maplewood is planning to implement the Municipal State
Aid Street Project in 2009 which will require State Aid funds in excess of those available in its
State Aid Construction Account, and
WHEREAS, said municipality is prepared to proceed with the construction of said projects
through the use of an advance from the Municipal State Aid Street Fund to supplement the
available funds in their State Aid Construction Account, and
WHEREAS, the advance is based on the following determination of estimated expenditures:
Account Balance as of February 12, 2009: $ 0
Less estimated disbursements for:
Project 138-010-013
Project 138-020-035
Project 138-151-001
Total Advancement Amount: $ 406,120
WHEREAS, repayment of the funds so advanced will be made in accordance with the
provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500,
Subp. 10b, and
WHEREAS, the Municipality acknowledges advance funds are released on a first -come -
first -serve basis and this resolution does not guarantee the availability of funds.
February 23, 2009 23
City Council Meeting Minutes
NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is
hereby requested to approve this advance for financing approved Municipal State Aid Street
Projects of the Municipality of Maplewood in an amount up to $406,120. I hereby authorize
repayments from subsequent accruals to the Municipal State Aid Street Construction Account of
said Municipality in accordance with the schedule herein indicated:
Repayment from entire future year allocations until fully repaid
I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to
and adopted by the Municipality of Maplewood, County of Ramsey, State of Minnesota, at a duly
authorized Municipal Council Meeting held in the Municipality of Maplewood, Minnesota on the
23 d day of February, 2009, as disclosed by the records of said Municipality on file and of record
in the office.
Municipality of Maplewood
Municipal Clerk
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
7. Brookview Area Street Improvements, Project 07-01, Resolution Approving Final payment
And Acceptance of Project.
Councilmember Hjelle moved to approve the Brookview Area Street Improvements, Project 07-01,
Resolution Approving Final payment And Acceptance of Project.
RESOLUTION 09-02-139
APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT
WHEREAS, the City Engineer for the City of Maplewood has determined that the
Brookview Area Street Improvements, City Project 07-01, is complete and recommends
acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 07-01 is complete and maintenance of these improvements is
accepted by the city; and the final construction cost is $1,865,121.89. Final payment to Palda
and Sons and the release of any retainage or escrow is hereby authorized.
Approved this 23 d day of February 2009.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
8. Upper Afton Road Improvements, Project 07-27, Resolution Approving Final Payment And
Acceptance Of Project.
Councilmember Hjelle moved to approve the Upper Afton Road Improvements, Project 07-27,
Resolution Approving Final Payment And Acceptance Of Project.
RESOLUTION 09-02-140
APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT
February 23, 2009 24
City Council Meeting Minutes
WHEREAS, the City Engineer for the City of Maplewood has determined that the Upper
Afton Road Improvements, City Project 07-27, is complete and recommends acceptance of the
project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 07-27 is complete and maintenance of these improvements is
accepted by the city; and the final construction cost is $614,422.49. Final payment to T.A.
Schifsky and Sons and the release of any retainage or escrow is hereby authorized.
Approved this 23 d day of February 2009.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
9. Resolution Of Support For Common Bond Communities HOME Grant Request.
Councilmember Hjelle moved to approve the Resolution Of Support For Common Bond
Communities HOME Grant Request.
RESOLUTION 09-02-141 OF SUPPORT
OF COMMONBOND'S REQUEST FOR HOME GRANT FUNDING
WHEREAS, CommonBond Communities are applying for HOME Grant Funding through Ramsey
County for their proposed 40 -unit senior's -housing apartment facility;
WHEREAS, the location of this proposed development site at the southwest corner of Benet Road
and Monastery Way and legally described as:
Lot 1, Block 2, Century Trails Commons
WHEREAS, the City of Maplewood approved a conditional use permit for a planned unit
development on May 14, 2007 which included CommonBond Communities proposed 40 -unit apartment
complex for seniors;
WHEREAS, this request for funding requires support from the City of Maplewood;
NOW, THEREFORE, BE IT RESOLVED that the city council expresses their support of
CommonBond Communities request for HOME grant funding through Ramsey County for their proposed
40 -unit senior housing apartment facility.
The Maplewood City Council approved this resolution on February 23, 2009.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
10. Mn/DOT 1-494 Expansion, State Project 8285-93; assoc 8285-94 Project 09-02, Consider
Calling A Public Hearing for 7 p.m. March 23, 2009.
Councilmember Hjelle moved to approve Mn/DOT 1-494 Expansion, State Project 8285-93: assoc
8285-94 Project 09-02, Consider Calling A Public Hearing for 7 p.m. March 23, 2009.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
February 23, 2009 25
City Council Meeting Minutes
11. CarMax/Mogren Addition Improvements, Project 06-17, Resolution Approving Final
Payment And Acceptance Of Project.
Councilmember Hjelle moved to approve CarMax/Mogren Addition Improvements, Project 06-17,
Resolution Approving Final Payment And Acceptance Of Project.
RESOLUTION 09-02-142
APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT
WHEREAS, the City Engineer for the City of Maplewood has determined that the
CarMax/Mogren Addition Improvements, City Project 06-17, is complete and recommends
acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 06-17 is complete and maintenance of these improvements is
accepted by the city; and the final construction cost is $2,379,770.25. Final payment to
Frattalone Companies and the release of any retainage or escrow is hereby authorized.
Approved this 23 d day of February 2009.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
N. AWARD OF BIDS
1. Award Of Bid To Refurbish One Ambulance.
a. Acting City Manager, Public Works Director, Chuck Ahl gave the report.
Councilmember Hjelle moved to approve the Award of Bid to Road Rescue in the amount of
$94.580 To Refurbish One Ambulance.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
2. Approve Purchase Of Vehicles And Truck Body Equipment.
a. Acting Public Works Director, Michael Thompson gave the report.
Councilmember Hjelle moved to approve the Purchase of Vehicles And Truck Body Equipment.
Entering into State Contract 440160 with Nelson auto Center for the purchase of three 2009 F-
550 truck chassis for $106,720.70 and State Contract 439381 with Aspen Equipment for the
purchase of three (3) truck bodies for $97,488.67. It is also recommended that the three old
trucks be disposed of at state auction with the proceeds going to the fleet management fund.
Seconded by Councilmember Juenemann.
February 23, 2009
City Council Meeting Minutes
Ayes — Councilmembers Hjelle,
Juenemann, Nephew
& Rossbach
Nay — Mayor Longrie
26
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0
❑9
The motion passed.
ADMINISTRATIVE PRESENTATIONS (moved to the end of the meeting)
60 -Day Review of Stargate Dance Club — Chief Thomalla
Councilmember Nephew moved to accept Maplewood Police Chief, Dave Thomalla's report for
the Stargate Dance Club.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — All
2. Report on 2009 Budget Issues Within Community Development Department
a. Acting City Manager, Public Works Director Chuck AN gave the report.
No action needed.
Councilmember Juenemann moved to extend the city council meeting past the curfew time to
hear agenda item G3. and H9.
Seconded by Councilmember Nephew.
The motion passed.
Ayes — Councilmembers Hjelle,
Juenemann, Nephew
& Rossbach
Nay — Mayor Longrie
3. Notice of Council — Manager Work Session on March 2, 2009, (5-8 p.m.) to Review
Conservation Easements and Wetland Ordinance
a. Acting City Manager, Public Works Director, Chuck AN spoke.
COUNCIL PRESENTATIONS (Moved to the end of the meeting)
D & D Towing going out of business.
a. Acting City Manager, Public Works Director, Chuck Ahl reported to the council.
1. Dean Mathison, owner of D & D Towing addressed and answered questions of the
council.
2. Ron Gardas, Owner of Twin Cities Transport & Recovery addressed the council.
VISITOR PRESENTATIONS — PART II
None.
P. ADJOURNMENT
February 23, 2009 27
City Council Meeting Minutes
Mayor Longrie adjourned the meeting at 11:20 p.m.
February 23, 2009 28
City Council Meeting Minutes
For The Permanent Record
Meeting Date: t5�1 X31 Oq
Agenda Item #:
EMPLOYMENT AGREEMENT
This AGREEMENT is hereby entered into by and between the City of Maplewood,
Minnesota (hereinafter referred to as "City") and James Antonen (hereinafter referred to
as "Antonen").
WHEREAS, the City desires to employ the services of Antonen as City Manager of the
City of Maplewood; and
WHEREAS, Antonen desires to accept employment in said position.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1. Duties
The City hereby agrees to employ Antonen as City Manager of the City of Maplewood
to perform the functions and duties of City Manager specified in State Statutes, City
Ordinances, and City Personnel Policies and to perform such other legally permissible
and proper functions and duties as the City Council from time to time shall assign.
Section 2. Hire Date
It is agreed the start date is anticipated to be March 1, 2009. However, hiring and the
start date shall be contingent upon the successful completion of a final background check
and subsequent approval and ratification by the Maplewood City Council. Both parties
agree that the start date may be moved up upon receipt of a satisfactory background
report and such approval prior to March 1, 200% orthat the date will be moved back
pending receipt of a satisfactory background report and final approval.
Section 3. Salary
The City agrees to pay Antonen for his services rendered pursuant hereto an annual base
salary of One Hundred Thirty Thousand Dollars ($130,000.00), payable in installments at
the same time as other employees of the City, and annual deferred compensation of an
amount equal to Six Percent (6%) of base salary payable in the same manner. The City
also agrees to increase Antonen' s salary and/or other financial benefits in such amounts
and to such extent as the City Council may determine is desirable on the basis of an
annual salary review. Adjustments are to be made on his anniversary date of
of each calendar year to a maximum of 110% of the governor's
salary as allowed by State Statute.
Section 4. Professional Development
The City agrees to budget and to pay eligible travel and subsistence expenses incurred by
Antonen for his professional and official travel in connection with attendance at
conferences, meetings, continuing education courses, seminars, and other such occasions
undertaken to continue his professional growth and development and/or to pursue official
City business. Conferences will include, but are not limited to: the State Manager's
Conference, ICMA Conference and the League of MN Cities Conference. Antonen
agrees to use good judgment in outside activities so he will not neglect his primary duty
to the City. Professional development courses, other than the conferences listed herein,
will be submitted to the City Council for approval. The City agrees, pursuant to, and in
accordance with, the rules established under Section 13 of its Personnel Policy, to pay for
the professional dues and subscriptions of Antonen necessary and desirable for his
continued professional growth and development. Specifically covered herein shall be
Antonen's dues to the International City Management Association, the Minnesota City
Management Association, American Society for Public Administration and the
Metropolitan Area Management Association. All other dues and subscriptions hereunder
must be approved in advance by the City Council.
Section S. Automobile Expenses
The City recognizes that Antonen will make extensive use of his personal automobile to
adequately fulfill the duties and functions of his position. In recognition thereof, the City
agrees to pay Antonen an automobile expense allowance of Five Hundred Dollars
$500.00 per month in lieu of mileage and parking reimbursement.
Section 6. Annual Leave
The City hereby vests Antonen with ten days of armual. leave effective his first day of
employment with the City. In addition, Antonen will accrue at the accrual rate for
employees with 13 years of service (of 28 days of annual leave per year).on a pay period
basis. The City agrees to provide annual leave in lieu of vacation and sick leave. Annual
leave will be treated like vacation in that it can be used for any reason and its usage, hold-
over and conversion shall be determined as set forth in the City's Personnel Policy
Section 7. Other Terms and Conditions of Employment
A. The City Council shall fix such other terms and conditions of employment for
Antonen as from time to time it may determine are desirable, provided such terms and
conditions are not inconsistent with or do not conflict with the provisions of this
Agreement or Law.
B. All regulations, rules and benefits of the City relative to terms and conditions of
employment not enumerated in this agreement, as they now exist or hereafter may be
amended, shall also apply to Antonen as they would to Department Heads of the City.
Such terms and conditions of employment shall include, but not be limited to, retirement
and pension system contributions, holiday leave, community center membership, Section
125 plans, EAP services, and coverage for health, dental, disability, and life insurance. In
those situations in which the City grants different benefit packages to different groups of
employees, Antonen shall be entitled to receive the same benefits provided to City key
employees, except as otherwise modified by specific language in this Agreement.
Section 8. General Provisions
A. The text herein shall constitute the entire Agreement between the parties hereto.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Antonen.
C. This Agreement shall become effective upon Antonen's initial day of employment
with the City.
D. if any provision or portion thereof contained in this Agreement shall be held
unconstitutional, invalid or unenforceable, it shall be. deemed severable and the remainder
of this Agreement shall not be affected and shall remain in fill force and effect.
Section 9. Termination Benefits
The City may terminate Antonen at any time with or without cause. Antonen can
voluntarily terminate employment with four weeks written notice to the City. In the event
that Antonen is terminated without cause attributable to him, the City agrees to pay
Antonen six months pay and benefits, consistent with pay and benefits in existence at the
time. Here, solely for purposes of determining whether Anmotten shall be paid the six
months of severance pay as set forth above, cause shall mean malfeasance in office,
gross misconduct2, the charging of and, to a reasonable person the appearance of
sustainable grounds for a conviction of, a felony, or the charging of and, to a reasonable
person the appearance of sustainable grounds for a conviction for, an illegal act involving
' Here, malfeasance shall be defined as: The performance of an act in official capacity
which Is illegal, wrongful or willful or wanton neglect of duty. In re Olson, 211 Minn. 114
11_7 300 N.W. 398,400 (1941).
To constitute malfeasance or nonfeasance, conduct must "affect( ] the performance of
official duties * * * [and] 'must relate to something of a substantial nature directly
affecting the rights and interests of the public.' " Jacobsen v. Nagel, 255 Minn. 300 304
96 N.W.2d 569, 573 (1959) (citation omitted). In defining malfeasance, we have said
that malfeasance "in an official capacity is not susceptible of an exact definition [but, it]
'has reference to evil conduct or an illegal deed, the doing of that which one ought not
to do, the performance of an act by an officer in his official capacity that Is wholly illegal
and wrongful.' " Id. at 304. 96 N. W.2d at 573
'Here, the standard forgross misconduct shall be: whether an employee's gross misconduct
interferes with and adversely affects his employment "whether, by reason of his action, he can
no longer effectively perform the services for which he was employed." Schmidt v. City of
Duluth, 346 N.W 2d 671 (Minn.App.1984) The intended meaning of the term 'misconduct' *'
is limited to conduct evincing such willful or wanton disregard of an employer's interests as is
found in deliberate violations or disregard of standards of behavior which the employer has the
right to expect of his employee, or in carelessness or negligence of such degree or recurrence as
to manifest equal culpability, wrongful intent or evil design, or to show an Intentional and
substantial disregard of the employer's interests or of the employee's duties and obligations to
his employer, On the other hand mere inefficiency, unsatisfactory conduct, failure In good
performance as the result of inability or Incapacity, inadvertencies or ordinary negligence in
isolated instances, or good -faith errors in Judgment or discretion are not to be deemed
'misconduct'
personal gain to Antonen. Antonen's rights under M.S.A. 412.641 are preserved.
IN WITNESS WHEREOF, the parties here to have signed and executed this
Agreement. ,.
ACKNOWLE GED BY.,
CITY OF MAPLEWOOD, MINNESOTA DATED:
JAME ANTONEN DATED: