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Home My WebLink About02-09-2009A. A D E MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, February 9, 2009 Council Chambers, City Hall Meeting No. 04-09 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:10 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA The following items were added to the agenda by councilmembers. H2. Delete due to time sensitivity — Councilmember Rossbach H3. Delete due to time sensitivity— Councilmember Rossbach H5. Fish Creek — Councilmember Nephew H6. ENR Commission — Councilmember Nephew H7. DNR — Mayor Longrie H8. Code Enforcement Nuisance Ordinance — Mayor Longrie H9. 311 — Mayor Longrie H10. Website — City Council Page — Mayor Longrie 14. Acting City Manager, Public Works Director, Chuck Ahl removed 14. Recognition of Paramedic Response By Area Hospital. K1. Item K1. Report on Request for retaining wall at north end of Clarence Street to the February 23, 2009, City Council meeting due to the request of Ms. Sletten. Visitor Presentations moved until 7:30 p.m. Councilmember Nephew moved to a Seconded by Mayor Longrie. The motion passed. APPROVAL OF MINUTES rove the aaenda as amended. Ayes — All Councilmember Juenemann moved to approve the January 21, 2009, Special council Meeting Minutes as submitted. Seconded by Councilmember Nephew. Ayes — All The motion passed. February 9, 2009 City Council Meeting Minutes F. Councilmember Nephew moved to approve the January 26, 2009, Council Workshop Minutes as submitted. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Approval of January 26, 2009, Council Meeting Minutes Councilmember had requested that the recording secretary listen to the tape again to verify the motion for item K1. (After further reviewing the information a clarification was made to the second motion so it now reads:) Councilmember Rossbach moved that after the city council receives information regarding whether the landowner of the property, Mr. Richie, wanted the land to be open space, and the council has had a chance to review it, that no further testimony shall be heard and the council will confine the discussions and deliberations to the new information. Councilmember Nephew had changes to page 23 of the minutes after the word support strike the remaining sentences. Councilmember Nephew moved to approve the January 26, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Rossbach. Ayes — All The motion passed. Councilmember Nephew moved to approve the February 2, 2009, Special Council Meeting Minutes as submitted. Seconded by Councilmember Rossbach. The motion passed. VISITOR PRESENTATIONS — PART I Ayes — Mayor Longrie, Councilmembers Nephew, Rossbach Abstentions — Councilmembers Hjelle, Juenemann Bob Zick, 2515 White Bear Avenue, Maplewood, addressed the council. Mr. Zick discussed the February 9, 2009, article in the St. Paul Pioneer Press under the Minnesota Historical Society as he read it aloud. 2. Mark Bradley, 2164 Woodlynn Avenue, Maplewood, addressed the council. Mr. Bradley discussed that the council should investigate increment financing to purchase foreclosed homes in Maplewood. 3. David Schilling, 1955 Greenbrier Street, Maplewood, addressed the council. Mr. Schilling discussed the Clear Channel electronic billboard sign on Highway 36 and The Myth electronic sign on County Road D. Along with the MCC electronic sign on White Bear Avenue. He also discussed smoke concerns in Maplewood. February 9, 2009 City Council Meeting Minutes 2 G. ADMINISTRATIVE PRESENTATIONS (carried over until February 23, 2009) 60 -Day Review of Stargate Dance Club — Chief Thomalla H. COUNCIL PRESENTATIONS (Council Presentations is carried over until February 23, 2009) 1. Employment Contracts — Mayor Longrie 2. Rush Line Corridor — Councilmember Rossbach (deleted from the agenda) 3. Ramsey County League of Local Government — Councilmember Rossbach (deleted from the agenda) 4. Fire Hydrant Snow Removal Reminder — Councilmember Hjelle 5. Fish Creek — Councilmember Nephew 6. ENR Commission — Councilmember Nephew 7. DNR — Mayor Longrie 8. Code Enforcement Nuisance Ordinance — Mayor Longrie 9. 311 — Mayor Longrie 10. Website — City Council Page — Mayor Longrie APPOINTMENTS AND PRESENTATIONS Appointment of New Members to Park and Recreation Commission Mayor Longrie moved to approve Appointing Mary Mackey and Daniel Maas to the Park and Recreation Commission. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 2. Re -appointments To Park And Recreation Commission Mayor Longrie moved to approve Reappointing Therese Sonnek and Donald Christianson to the Park and Recreation Commission. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. Resolution of Appreciation For Julie Binko — Resignation From Parks Commission a. Parks and Community Development Director, DuWayne Konewko gave the report. Mayor Longrie read the resolution of appreciation into the record. Mayor Longrie moved to approve the resolution of appreciation for Julie Binko. 09-02-131 RESOLUTION OF APPRECIATION WHEREAS, Julie Binko has been a member of the Maplewood Park Commission for two years, from January of 2007, to January of 2009; and has served faithfully in that capacity, and WHEREAS, the Park Commission has appreciated her experience, insights and good judgment, and February 9, 2009 3 City Council Meeting Minutes WHEREAS, Ms. Binko has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood, and WHEREAS, Ms. Binko has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Julie Binko is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on February 9, 2009. Diana Longrie, Mayor Passed by the Maplewood Park Commission on January 28, 2009. Peter Fischer, Chairperson Attest: Karen Guilfoile, City Clerk Seconded by Councilmember Nephew. Ayes — Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Nay — Councilmember Juenemann The motion passed. 4. Recognition of Paramedic Response By Area Hospital (Mayor Longrie) (Removed) J. PUBLIC HEARINGS None. K. UNFINISHED BUSINESS February 9, 2009 4 City Council Meeting Minutes 1. Report on Request for Retaining Wall at North End of Clarence Street. Mayor Longrie moved to table the Report on Request for Retaining Wall at the North End of Clarence Street until February 23, 2009. Seconded by Councilmember Nephew. Ayes — All The motion to table passed. 2. Reconsideration Of the Approval Of the Council Policy and Procedures Passed on January 12, 2009. (Mayor Longrie) Mark Bradley, 2164 Woodlynn Avenue, Maplewood addressed the council. Mayor Longrie moved to approve that all city councilmembers photos are printed in the city newsletter. Seconded by Councilmember Hjelle. The motion failed. L. NEW BUSINESS Ayes — Mayor Longrie, Councilmember Hjelle Nays — Councilmembers Juenemann, Nephew & Rossbach Code Amendment and Property Rezoning Requests: a. Code Amendments for the R-1 R, Rural Single -Dwelling Residence District Requirements, with a Name Change to "Rural Conservation Dwelling District' First Reading. i. Parks and Community Development Director, DuWayne Konewko gave the report. ii. Jennifer Haskamp, Pulse Land Group, addressed and answered questions of the council. iii. Planner, Michael Martin addressed and answered questions of the council. Mayor Longrie opened up the discussion. 1. Planning Commissioner, Robert Martin gave the planning commission report. 2. Dale Trippler, 2691 Barclay Street, Maplewood. (spoke as a private citizen) 3. Fredrica Musgrave, 1949 Greenbrier Street, Maplewood. 4. John Wyckoff, 2345 Maryland Avenue East, Maplewood. 5. Bob Zick, 2515 White Bear Avenue, Maplewood. 6. Susan Korf, 1485 Sterling Street South, Maplewood. 7. Jay Libby, 2591 Carver Avenue, Maplewood. 8. Vickie Meyer, 2252 Carver Avenue, Maplewood. 9. Susan Korf, 1485 Sterling Street South, Maplewood (spoke twice) Mayor Longrie closed the discussion. Councilmember Nephew moved to approve the (First Reading) of the Code Amendment. Seconded by Councilmember Juenemann. Ayes — All February 9, 2009 5 City Council Meeting Minutes The motion passed. Councilmember Nephew moved to approve making the zoning map changes from F, Farm Resident District to R-1 R Rural Conservation Dwelling District as outlined in the staff report. Councilmember Nephew Withdrew his motion. Councilmember Hjelle moved to table the rezoning the zoning district. Seconded by councilmember Nephew. Ayes - All The city council took a short break. The City Council Moved L3 ahead of agenda item L2 in order to accommodate meeting attendees. 3. Resolution Providing for the Competitive Negotiated Sale of $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A. a. Finance Director, Bob Mittet gave the report. b. Terrie Heaton, Financial Advisor, Springsted, Incorporated, 380 Jackson Street, Suite 300, St. Paul, addressed and answered questions of the council. Councilmember Hjelle moved to approve the Resolution providing preliminary approval for the sale of $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A. RESOLUTION 09-02-123 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $4,765,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2009A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $4,765,000 General Obligation Improvement Bonds, Series 2009A (the "Bonds"), to (i) finance various improvement projects within the City, and (ii) to refund the February 1, 2010 through February 1, 2017 maturities of the City's General Obligation Improvement Bonds, Series 2001 B, dated October 1, 2001; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. February 9, 2009 6 City Council Meeting Minutes 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. County Road D Improvements — City Project 02-07 — Consider Extending Agreement to Sell Bruce Vento Trail Property (north of Beam Avenue) To Ramsey County Regional Rail Authority. a. Acting City Manager, Public Works Director, Chuck AN reported. Councilmember Nephew moved to approve an extension to December 31, 2009, of the option agreement with Ramsey County Regional Rail Authority for the Burlington Northern Rail corridor as part of the County Road D Realignment Agreement for County Road D Improvements, City Project 02-07. Seconded by Councilmember Hjelle. Ayes — All The motion passed. M. CONSENT AGENDA Councilmember Hjelle moved to approve items 1-5, 8 & 10. February 9, 2009 7 City Council Meeting Minutes Seconded by Councilmember Juenemann. Ayes — All The motion passed. 2. Councilmember Juenemann moved to approve item 6. Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Councilmember Rossbach moved to approve item 7. Seconded by Councilmember Nephew. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle The motion passed. 4. Mayor Longrie moved to approve item 9. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 5. Mayor Longrie moved to approve item 11. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 1. Temporary Gambling Permit and Request for Temporary Permit Fees To Be Waived For Carver Elementary School. Councilmember Hjelle moved to approve the Temporary Gambling Permit and Request for Temporary Permit Fees To Be Waived For Carver Elementary School. RESOLUTION 09-02-126 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Carver Elementary School, 2680 Upper Afton Road, 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. February 9, 2009 8 City Council Meeting Minutes Seconded by Councilmember Juenemann. Ayes — All The motion passed. 2. Temporary Gambling Permit For White Bear Fast Pitch Club. Councilmember Hjelle moved to approve the Temporary Gambling Permit For White Bear Fast Pitch Club. RESOLUTION 09-02-127 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for White Bear Fast Pitch, 4854 Stewart Avenue, White Bear Lake. 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. 3. Temporary Liquor Permit For Church Of The Presentation of the Blessed Virgin Mary. Councilmember Hjelle moved to approve the Temporary Liquor Permit For Church Of The Presentation of the Blessed Virgin Mary. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 4. Temporary Gambling Permit for Church of St. Pascal Baylon. Councilmember Hjelle moved to approve Temporary Gambling Permit for Church of St. Pascal Baylon. RESOLUTION 09-02-128 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of St. Pascal Baylon, 1757 Conway Street, St. Paul, MN 55106. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. February 9, 2009 9 City Council Meeting Minutes 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. 5. Consider Approval Of Acceptance Of Donation To Maplewood Nature Center. Councilmember Hjelle moved to approve the Acceptance Of $300 Donation from Leila Allison To Maplewood Nature Center. RESOLUTION 09-02-129 ACCEPTANCE OF DONATION WHEREAS the Maplewood Nature Center has received a $300 donation from Leila Allison to be used toward Maplewood Nature Center programs and exhibits. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Community Development and Parks Department to accept this $300 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on SIGNED: WITNESSED: (Signature) (Signature) Mayor City Clerk (Date) Seconded by Councilmember Juenemann. Ayes — All The motion passed. (Date) 6. Review Volunteer Service Contributions On Environmental Projects in 2008. Councilmember Juenemann moved to approve the Volunteer Service Contributions on Environmental Projects in 2008. Seconded by Councilmember Nephew. Ayes — All The motion passed. February 9, 2009 City Council Meeting Minutes 10 7. Authorization To Dispose Of Old Financial Records. Councilmember Rossbach moved to approve the Resolution to Dispose Of Old Financial Records. RESOLUTION 09-02-130 WHEREAS, M.S.A. 138.17 governs the destruction of city records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA; That the Finance and Director is hereby directed to apply to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Director is hereby authorized and directed to destroy the records listed. Seconded by Councilmember Nephew. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle The motion passed. 8. County Road D (McKnight to Bellaire Avenue); Bellaire Avenue (Lydia Avenue to Woodlynn Avenue), Resolution Approving Municipal State Aid Designation. Councilmember Hjelle moved to approve the resolution for the County Road D (McKnight to Bellaire Avenue): Bellaire Avenue (Lydia Avenue to Woodlynn Avenue), Approving Municipal State Aid Designation. RESOLUTION 09-02-124 ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter described meet all necessary criteria and thus should be designated as Municipal State Aid streets under the provision of Minnesota law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the roads described as follows, to -wit: Extension of MSAS 121 County Road D - McKnight Road to Bellaire Avenue at Woodlynn Avenue (0.53 existing miles) Extension of MSAS 126 Bellaire Avenue- Lydia Avenue to Woodlynn Avenue (0.15 existing miles) be, and hereby is established, located, and designated a Municipal State Aid street of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. February 9, 2009 11 City Council Meeting Minutes BE IT FURTHER RESOLVED, that the city clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, the same be constructed, improved, and maintained as Municipal State Aid streets in the City of Maplewood. Approved this 9th day of February 2009. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 9. Consider approval of 2009 Gas and Diesel Fuel Contracts. Mayor Longrie moved to approve the 2009 Gas and Diesel Fuel Contracts with Yocum Oil. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 10. Beam Avenue Improvements, Project 07-26, Resolution Approving Final Payment and Acceptance of Project Councilmember Hjelle moved to approve the Beam Avenue Improvements, Project 07-26, Resolution Approving Final Payment and Acceptance of Project. RESOLUTION 09-02-125 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the City of Maplewood has determined that the Beam Avenue Improvements, City Project 07-26, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 07-26 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $1,501,199.31. Final payment to T.A. Schifsky and Sons and the release of any retainage or escrow is hereby authorized. Approved this 9th day of February 2009. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 11. Approval of Claims Mayor Longrie moved Approval of Claims. ACCOUNTS PAYABLE: $ 459,962.22 Checks # 77540 thru # 77583 $ 218,526.28 Disbursements via debits to checking account Dated 01/16/09 thru 01/23/09 February 9, 2009 12 City Council Meeting Minutes G $ 403,873.35 Checks # 77584 thru # 77629 Dated 01/29/09 thru 02/03/09 $ 462,174.94 Disbursements via debits to checking account dated 01/23/09 thru 01/30/09 $ 1,533,536.79 Total Accounts Payable PAYROLL $ 738,890.75 Payroll Checks and Direct Deposits dated 01/23/09 $ 292,777.84 Payroll Deduction check #1006765 thru #1006736 dated 01/23/09 $ 1,031,668.59 Total Payroll $ 2,576,205.38 GRAND TOTAL Seconded by Councilmember Juenemann. Ayes — All The motion passed. Councilmember Nephew moved to approve completing the agenda past the curfew time. Seconded by Councilmember Rossbach. The motion passed. Ayes — Councilmembers Nephew, Rossbach Nays — Mayor Longrie, Councilmember Hjelle & Juenemann ADMINISTRATIVE PRESENTATIONS (Carried over until February 23, 2009) 1. 60 -Day Review of Stargate Dance Club — Chief Thomalla H. COUNCIL PRESENTATIONS (Carried over until February 23, 2009) 1. Employment Contracts — Mayor Longrie 4. Fire Hydrant Snow Removal Reminder — Councilmember Hjelle 5. Fish Creek — Councilmember Nephew 6. ENR Commission — Councilmember Nephew 7. DNR — Mayor Longrie 8. Code Enforcement Nuisance Ordinance — Mayor Longrie February 9, 2009 City Council Meeting Minutes 13 9. 311 — Mayor Longrie 10. Website — City Council Page — Mayor Longrie N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS — PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:20 p.m. February 9, 2009 14 City Council Meeting Minutes RAV", ul rI - 1I1 = =.7,'1- I .717 -r r*+ FI r ■ a� RI�YI_ i 1 * 1' uCh JL A. j� L mm e r 7 IF Pu _ 7717 Owl pp ul rI - 1I1 = =.7,'1- I .717 -r r*+ FI r ■ a� RI�YI_ e makes south Maplewood a veritable jigsaw of properties. Why NOW change zoning, what possible advantage is there? The Taxes we pay now are near unaffordable and if you rezone us our taxes are likely to jump to an obscene amount. If the other South Maplewood residents want us to keep the area natural a line has to be drawn on the taxes we pay. We would like to stay here and keep the property natural, however if taxes go higher we will have to look at alternative measures to be able to get out from under the tax burden. If you rezone and and we and the neighbors sell to develop as we understand the rezoning, if dwellings are ke t in�a 2Aacre plot the owner C, : >v can strip the land bare, where is the conservation in that? If we are able to afford to stay there's a better chance of having the properties stay rural. We have tried to talk to the county about the taxes but they see this as 100% developable, and the city and neighbors don't want us to develop. The county says "it's not our responsibility to talk to the city"and the city will not definitively tell the county it can't be developed. We're caught in the middle with the rising taxes In looking back 13 years to the present our joint income has increased 10% and our taxes have increased 44%. Where is the justice in this? W _ J ' Ypl _ J i _ y, � • �,Y r i . Lv 1 4 J 4t M na� �n '�� r� ,J• a � � - Vii. Yti_ �r I s �• L � � • ii r .� r { " .7. .+f :y�, •-I � t.it d' T"-� << s •4. �� - ,',. yr n { ° r „r Le r`i'll? 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