HomeMy WebLinkAbout10-27-2008
MINUTES
MAPLEWOOD CITY COUNCIL
6:30 p.m., Monday, October 27, 2008
Council Chambers, City Hall
Meeting No. 30-08
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 6:45 p.m. by Mayor Longrie.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Diana Longrie, Mayor Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
John Nephew, Councilmember Present
Will Rossbach, Councilmember Present
D. APPROVAL OF AGENDA
The following items were added by the staff and councilmembers.
G1. Public Hearing for December 15, 2008, for White Bear Avenue Project – Chuck Ahl
H1. Metro Cities Meeting – Councilmember Nephew
H2. LEAP Award Presentation – Mayor Longrie
H3. Update on Traffic on Roselawn Avenue – Mayor Longrie
H4. Municipal Legislative Commission Update – Mayor Longrie
H5. 2010 Framework Documentation Looking at Senior Housing Trends – Mayor Longrie
H6. Smoke Task Force Citizen Concerns – Mayor Longrie
L8a. Comprehensive Plan Resolution Time Extension for the Comprehensive Plan – Chuck Ahl
Councilmember Nephew moved to approve the agenda as amended.
Seconded by Mayor Longrie. Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
Councilmember Nephew moved to approve the October 6, 2008, Council Manager Workshop
Minutes as submitted.
Seconded by Councilmember Rossbach. Ayes – All
The motion passed.
October 27, 2008 1
City Council Meeting Minutes
Councilmember Rossbach moved to approve the October 13, 2008, Special Council Manager
Workshop Minutes as submitted.
Seconded by Mayor Longrie. Ayes – All
The motion passed.
Approval of the October 13, 2008, City Council Meeting Minutes.
Mayor Longrie requested that the friendly amendments listed in the October 13, 2008, minutes be
incorporated into the resolution for the record.
Councilmember Nephew moved to approve the October 13, 2008, City Council Meeting Minutes
as amended.
Seconded by Mayor Longrie. Ayes – All
The motion passed.
Councilmember Hjelle moved to extend Visitor Presentations until 7:15 p.m.
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
F. VISITOR PRESENTATIONS – PART I
1. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick said he was at the candidate
forum at the MCC. He discussed the city council approval for the retaining wall for Dick
Schreier for $300,000 at Markham Pond. Mr. Zick spoke regarding Acting City Manager,
Chuck Ahl and job reassignments that are planned in the city which Mr. Zick felt was
inappropriate to take place since the permanent city manager hasn’t been hired yet. Mr.
Zick also said Maplewood Police Chief Dave Thomalla had stated the City of Maplewood
should have an Assistant Police Chief in Maplewood like other cities do which Mr. Zick
disagreed with the necessity for an Assistant Police Chief.
2. Joe Fox, 1821 Myrtle Street, Maplewood. Mr. Fox was with the Ramsey County Fair and
he thanked the city council for recognizing the Ramsey County Fair every year along with
the recognizing the gambling funds. He said the Ramsey County Fair doesn’t get direct
funding from Ramsey County, most of the money is raised by the fair by a volunteer
board. He thanked everyone involved in making the Ramsey County Fair successful and
thanked the City of Maplewood for their continued support year after year.
3. Del Ray Rocke, 454 O’Day Street, Maplewood. Mr. Rocke said he was here before the
city council a month ago to discuss the crime in south Maplewood. Now there are more
Maplewood Police patrol cars in south Maplewood but the officers are giving speeding
tickets out rather than stopping the crime that has occurred in the area. Mr. Rocke
complained about the high taxes in Maplewood. He also stated he wanted to form a
citizen task force to discuss reducing the high taxes in Maplewood because he feels
businesses should be able to voice an opinion regarding the high taxes in Maplewood.
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City Council Meeting Minutes
(Items G. Administrative Presentations and H. Council Presentations were moved until the end of
the meeting due to time constraints.)
G. ADMINISTRATIVE PRESENTATIONS
1. Public Hearing for December 15, 2008, White Bear Avenue Project.
H. COUNCIL PRESENTATIONS
1. Metro Cities Meeting – Councilmember Nephew
2. LEAP Award Presentation – Mayor Longrie
3. Update on Traffic on Roselawn Avenue – Mayor Longrie
4. Municipal Legislative Commission Update – Mayor Longrie
5. 2010 Framework Documentation for Looking at Senior Housing Trends – Mayor Longrie
6. Smoke Task Force Citizen Concerns – Mayor Longrie
I. APPOINTMENTS AND PRESENTATIONS
None.
J. PUBLIC HEARINGS
1. Priory Public Improvements (St. Paul’s Monastery), City Project 07-24
a. Assessment Hearing
b. Approve Resolution For Adoption of Assessment Roll
c. Assistant City Engineer, Michael Thompson gave the report.
Mayor Longrie opened the public hearing. There were no speakers to come forward.
Mayor Longrie closed the public hearing.
Councilmember Nephew moved to approve Resolution for Adoption of the Assessment Roll for
the Priory Public Improvements (St. Paul’s Monastery), City Project 07-24, less all objections
received. Objections will be referred to staff for review and recommendation to the city council at
the November 10, 2008, regular meeting.
RESOLUTION 08-10-159
ADOPTING ASSESSMENT ROLL
nd
WHEREAS, pursuant to a resolution adopted by the City Council on September 22,
2008, calling for a Public Hearing, the assessment roll for the Priory Public Improvements (St.
Paul’s Monastery), City Project 07-24, was presented in a Public Hearing format, pursuant to
Minnesota Statutes, Chapter 429, and
WHEREAS, the following property owners have filed objections to their assessments
according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
a. None.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. That the City Engineer and City Clerk are hereby instructed to review objections received and
report to the City Council at the regular meeting on November 10, 2008, as to their
recommendations for adjustments.
October 27, 2008 3
City Council Meeting Minutes
2. The assessment roll for the Priory Public Improvements as amended, without those property
owners’ assessments that have filed objections, a copy of which is attached hereto and made
a part hereof, is hereby adopted. Said assessment roll shall constitute the special
assessment against the lands named therein, and each tract of land therein included is
hereby found to be benefited by the proposed improvement in the amount of the assessment
levied against it.
3. Such assessments shall be payable in equal annual installments extending over a period of 8
years, the first installments to be payable on or before the first Monday in January 2009, and
shall bear interest at the rate of 6.0 percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2008. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than November 27, 2008, pay the whole of the
assessment on such property, with interest accrued to the date of the payment, to the city
clerk, except that no interest shall be charged if the entire assessment is paid within 30 days
from the adoption of this resolution; and they may, at any time after November 27, 2008, pay
to the county auditor the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment must be
made before November 28, 2008, or interest will be charged through December 31 of the next
succeeding year.
5. The city engineer and city clerk shall forthwith after November 27, 2008, but no later than
November 28, 2008, transmit a certified duplicate of this assessment to the county auditor to
be extended on the property tax lists of the county. Such assessments shall be collected and
paid over the same manner as other municipal taxes.
th
Adopted by the Maplewood City Council on this 27 day of October 2008.
Seconded by Councilmember Juenemann. Ayes – All
The motion passed
K. UNFINISHED BUSINESS
None.
L. NEW BUSINESS
1. Alcohol and Tobacco Compliance Check Failures
a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report and answered
questions of the council.
b. City Attorney, Alan Kantrud answered questions of the council.
Councilmember Nephew moved to table the fine for Party Time Liquor until the owner Marv
Koppen could be present on November 10, 2008.
Seconded by Councilmember Ayes – Mayor Longrie,
Councilmember Hjelle,
Juenemann and Nephew
Nay
– Councilmember Rossbach
October 27, 2008 4
City Council Meeting Minutes
table
The motion to passed.
Councilmember Rossbach moved to approve the 2007 fine of $500 for Abe’s Tobacco for the
tobacco compliance failure check.
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
Councilmember Juenemann moved to approve the $1,000 fine for 2008 for Acapulco Mexican
Restaurant for the alcohol compliance failure check.
Seconded by Councilmember Rossbach. Ayes – All
The motion passed.
table
Councilmember Nephew moved to the failure of compliance for the Keller Lake
Convenience Store so that the City Attorney can check further into the issues at hand.
Seconded by Councilmember Hjelle. Ayes – Mayor Longrie,
Councilmembers Hjelle,
Nephew and Rossbach
Nay
– Councilmember Juenemann
table
The motion to passed.
Councilmember Nephew moved to approve the 2006 fine of $500 for Red Lobster for the failure
of alcohol compliance and the 2008 fine of $1,000 for a failure of alcohol compliance.
Seconded by Councilmember Juenemann. Ayes – All
The motion passed.
table
Councilmember Hjelle moved to the 2006 failure of tobacco and alcohol compliance for Big
Discount Liquor.
Seconded by Councilmember Nephew. Ayes – Mayor Longrie,
Councilmembers Hjelle,
Nephew and Rossbach
Nay
– Councilmember Juenemann
table
The motion to passed.
Councilmember Hjelle moved to approve the 2008 fine of $500 for the failure of alcohol
compliance for Hillside Liquor.
October 27, 2008 5
City Council Meeting Minutes
Seconded by Councilmember Juenemann. Ayes – All
The motion passed.
Councilmember Hjelle moved to approve the fine of $250 as a first time offense instead of the
$500 fine for the 2007 failure of tobacco compliance for Les’s Superette.
Seconded by Councilmember Juenemann. Ayes – All
The motion passed.
Councilmember Rossbach moved to approve charging the fines listed in the staff report to the
remaining businesses.
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
Councilmember Hjelle moved to waive the fine for Vietnam Star Restaurant.
Seconded by Councilmember Juenemann. Ayes – All
The motion passed.
2. On-Sale Intoxicating Liquor License – Mai Lee Yang, New License/Manager,
Stargate Bar & Dance Club
a. Acting City Manager, Public Works Director, Chuck Ahl gave the report.
b. City Attorney, Alan Kantrud answered questions of the council.
c. Maplewood Police Chief, Dave Thomalla answered questions of the council.
table
Councilmember Nephew moved to the On-Sale Intoxicating Liquor License for Mai Lee
Yang, New License/Manager, Stargate Bar & Dance Club until November 10, 2008, after the City
Attorney reviews the newly submitted course of action plan.
Seconded by Councilmember Rossbach. Ayes – All
table
The motion to passed.
The Council took a 10-minute break.
The Council reconvened at 8:30 p.m.
3. Approve or Deny Conditional Use Permit (CUP) for An Oversized Garage
Conditional Use Permit for Accessory Building Size, 2345 Maryland Avenue.
a. Acting City Manager, Public Works Director, Chuck Ahl gave the report.
b. John Wykoff, 2345 Maryland Avenue E., Maplewood addressed and answered
questions of the council.
c. Senior Planner, Tom Ekstrand gave the presentation and answered questions of
the council.
d. Building Official, Dave Fisher addressed and answered questions of the council.
October 27, 2008 6
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This item was for discussion only and no action was taken due to no application having been
submitted to the city for consideration.
4. County Road C Area Street Improvements, City Project 08-11, Consider Citizen
Request for a Retaining Wall Study
a. Assistant City Engineer, Michael Thompson gave the report and answered
questions of the council.
b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the
council.
c. Deputy Public Works Director, DuWayne Konewko answered questions of the
council.
d. Elizabeth Sletten, 2747 Clarence Street North, Maplewood, addressed the council,
presented a packet of information to staff and the council for the permanent record
and answered questions of the council.
e. Ralph Sletten, addressed the council and shared in the presentation regarding the
request for consideration to have a berm installed as a part of the County Road C
Street Improvement to keep storm water off his property at 2747 Clarence Street
North.
Acting City Manager, Chuck Ahl said staff will work with Mr. Sletten regarding the issues. No
action was necessary at this time.
5. PUD Revision and Design Review – Legacy Shops at Maplewood
a. Senior Planner, Tom Ekstrand gave the report and answered questions of the
council.
b. Community Design Review Board member Matt Ledvina, addressed the council.
c. Frank Janes, General Counsel, Hartford Group, 7900 Xerxes Avenue South, Suite
1300, Bloomington, addressed and answered questions of the council.
d. Todd Gellar, Victory Capital Corporation addressed and answered questions of the
council.
e. Tom Wasmoen, Director of Architecture, Hartford Group addressed and answered
questions of the council.
Councilmember Hjelle moved to approve the resolution approving the revision of the planned unit
development (PUD) for the Legacy Shops retail site at Legacy Village at Maplewood. This
revision would allow the placement of the proposed retail shops building in the location as shown
on the site plan, a distance of approximately 83 feet from the front (northerly) lot line rather than
the previously required 15-foot setback. Approval is subject to the findings required by ordinance
and subject to the following conditions (additions are underlined and deletions are crossed out):
Seconded by Councilmember Juenemann.
After discussing the project further Councilmember Juenemann said if the applicant wasn’t going
to follow staff’s recommendation regarding the noise of the drive-in window p.a. system she
withdrew her second due to her concerns of potential noise.
Seconded by Mayor Longrie. Ayes - All
Councilmember Rossbach made a friendly amendment to the motion that the audio equipment
used for the drive thru window shall be able to be adjusted to focus the sound and the decibel
limit at the south property line should be limited to 55 decibels.
Councilmember Hjelle and Mayor Longrie accepted the friendly amendment as the motioner and
seconder.
October 27, 2008 7
City Council Meeting Minutes
Councilmember Hjelle moved to approve the Resolution approving the revision of the planned
unit development (PUD) for the Legacy Shops retail site at Legacy Village at Maplewood. This
revision would allow the placement of the proposed retail shops building in the location as shown
on the site plan, a distance of approximately 83 feet from the front (northerly) lot line rather than
the previously required 15-foot setback. Approval is subject to the findings required by ordinance
and subject to the following conditions (additions are underlined and deletions are crossed out):
CONDITIONAL USE PERMIT
RESOLUTION 08-10-160
FOR A PLANNED UNIT DEVELOPMENT REVISION
WHEREAS, Frank Janes, of the Hartford Group, applied for a conditional use permit revision to revise
the planned unit development requirements of the retail site at Legacy Village at Maplewood.
WHEREAS, this permit applies to the property located south of County Road D, between Flandrau Street
and Bittersweet Lane. The legal description is:
Lot 3, Block 2, Legacy Village of Maplewood
WHEREAS, the history of this conditional use permit revision is as follows:
1. On September 16, 2008, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning commission
gave everyone at the hearing a chance to speak and present written statements. The planning
commission also considered the reports and recommendation of city staff. The planning
commission recommended that the city council approve this permit.
2. On October 27, 2008, the city council considered reports and recommendations of the city staff and
planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described conditional use
permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity with
the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation that
would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and fire
protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
October 27, 2008 8
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8. The use would maximize the preservation of and incorporate the site's natural and scenic features
into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions (additions are underlined and deletions are crossed out):
Retail/Commercial (Outlot A):
a. The retail/commercial site is planned in concept only within the PUD and will come in for design
review and approval at a later date, but the use is allowed as long as the provisions of the BC
zoning district and conditions outlined here are met;
b. The building(s) on the retail/commercial site shall be set back as shown on the site plan approved
by the city council, approximately 83 feet, from the north lot line; should be sited on the north
side of the parcel within 15’ of the County Road D right-of-way with all parking to the south;
c. The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is
that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12
feet in height;
d. The architectural character and exterior building materials must be in keeping with the adjacent
townhomes and other buildings if present;
e. Access to the site shall be from the side streets; will be off the east leg of the roundabout and
another access drive off Street C between the roundabout and County Road D; and to County
Road D at a shared driveway with the adjacent furniture store site;
f. All ground-mounted and roof-mounted mechanical equipment shall be screened according to
ordinance;
g. Overstory trees must be planted along the south side of the extension of Street B at an average
of 30 feet – 40 feet on center.
h. Adequate separation, buffering and screening must be provided for the multi-family residential
units from the front doors, parking areas, loading areas, and mechanical equipment of this
commercial building;
i. Noise levels shall be kept to that required by the city’s noise ordinance and shall not exceed the
55 decibel nighttime noise limit required by the Minnesota Pollution Control Agency.
j. The hours of operation and delivery times shall be worked out with staff.
The Maplewood City Council passed this resolution on October 27, 2008.
The motion passed.
Councilmember Nephew moved to approve the site/building design plans date-stamped
September 9, 2008, for proposed Legacy Shops at Maplewood retail center at Legacy Village.
Including the revised architectural plans that were brought to the meeting date-stamped
October 27, 2008, with respect to the color changes to the back of the building.
Approval is
subject to the applicant doing the following:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
October 27, 2008 9
City Council Meeting Minutes
2. Before getting a building permit, the applicant shall do the following:
a. Revise the plans for staff approval for the rear elevation adding decorative caps or
crowns on top of the brick columns. An example of these are those on Ashley
Furniture next door.
b. Revise the landscaping plan for staff approval to increase the plantings along the
north and east frontages and to provide the over-story trees at 30 to 40 feet on
center along the south frontage.
c. Provide a roof-equipment screening plan showing how roof-mounted equipment
will be screened from the residential views from the south and northwest. If the
proposed building parapet is not tall enough, screening must be provided. The
applicant shall comply with the city code in this respect.
d. Provide a screening plan for any utility meters for staff approval.
e. Provide a lighting plan with details showing the proposed light fixtures for staff
review and approval. There shall not be any site lights on the back of the building
that shine toward the south, however, decorative lights on the back of the building
shall only be down illuminating.
f. Site lights south of the building shall be pole mounted and aim toward the building,
not toward the south. The style of freestanding lights shall match or be compatible
with those in Legacy Village.
3. Before getting a certificate of occupancy, the applicant shall:
a. Comply with or complete all aspects of these plans or any required revisions.
b. Provide roof-equipment screening as required by code.
c. Provide in-ground lawn irrigation as shown on the plans.
d. Comply with all requirements of the fire marshal, building official and police
departments as noted in the staff report.
4. Before obtaining a building permit, the applicant shall provide an irrevocable letter of
credit in the amount of 150 percent of the cost of completing landscaping and other
site improvements. This irrevocable letter of credit shall include the following
provisions:
a. The letter of credit must clearly indicate that it is an irrevocable letter of credit in
the name of the City of Maplewood, payable on demand.
b. The letter of credit shall have a stipulation indicating automatic renewal, with
notification to the city by certified mail a minimum of 60 days prior to its expiration.
5. The community design review board shall review any major changes to these plans.
Minor changes may be approved by staff.
6. The color of the awnings shall be compatible with the color scheme of the building.
There shall be no garish colors. Colors are subject to staff approval.
October 27, 2008 10
City Council Meeting Minutes
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
Councilmember Hjelle moved to extend the meeting past the 11:00 p.m. curfew until the end of
the agenda items.
Seconded by Councilmember Nephew. Ayes – Councilmembers Hjelle,
Nephew and Rossbach
Nays
– Mayor Longrie,
Councilmember Juenemann
The motion passed.
The council took a five-minute break.
The council reconvened at 11:15 p.m.
6. MCC Request for Proposal (RFP) for Food Catering Services
a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report.
Councilmember Hjelle moved to approve the (RFP) request in the staff report for the proposal for
food catering services for the MCC effective January 1, 2009
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
7. Approval of Joint Powers Agreement with North St. Paul for the Maintenance of a
Segment of the Lake Links Trail
a. Deputy Director of Public Works, DuWayne Konewko gave the report and
answered questions of the council.
b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the
council.
Councilmember Hjelle moved to approve the Joint Powers Agreement with the City of North Saint
Paul and authorize the Mayor and Acting City Manager to sign the agreement signifying City
Council approval.
JOINT-POWERS AGREEMENT
City of Maplewood/City of North Saint Paul
Lake Links Trail Connection - Helen Street to Trunk Highway 120
th
THIS JOINT-POWERS AGREEMENT made and entered in this 27 day of October, 2008, by
and between the City of Maplewood, Ramsey County, Minnesota, and the City of North Saint
Paul, Ramsey County, Minnesota.
WHEREAS, the City of Maplewood and the City of North Saint Paul, pursuant to the
provision of Minnesota Statutes Chapter 471.59, are authorized to enter into agreements to
exercise jointly the governmental powers and functions each has individually; and,
October 27, 2008 11
City Council Meeting Minutes
WHEREAS, the City of Maplewood is proposing to construct a bituminous trail segment
along Lydia Avenue-Joy Road from Helen Street to Trunk Highway 120 as part of the Joy Park
Phase 1 Improvements Project, City Project 08-14; and,
WHEREAS, a portion of this trail segment between Helen Street and Lake Boulevard and
adjacent to St. Mary’s Cemetery, is located within the Lydia Avenue Right-of-Way in the City of
North Saint Paul. This portion of the trail extends from Station 0+00 to Station 7+42.35 as shown
in Exhibit 1; and,
WHEREAS, the Cities of Maplewood and North Saint Paul wish to improve the overall trail
system in their cities and in the region to provide improved recreational opportunities for area
residents and improved connections to destinations including the Maplewood Mall area and the
Gateway Trail; and,
WHEREAS, the Cities of Maplewood and North Saint Paul have been working with the
City of Oakdale, Minnesota Department of Transportation and Ramsey County to coordinate
related trail improvements along Trunk Highway 120 that will further enhance the overall trail
system in the region.
NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows, to
wit:
1. The City of Maplewood agrees to pay for construction of the proposed trail segment as
part of the Joy Park Phase 1 Improvements project.
2. The City of Maplewood agrees to conduct regular maintenance including inspections,
sweeping and trash removal, tree pruning through coordination with St. Mary’s Cemetery
and scheduling maintenance tasks. Maplewood will conduct training of employees having
responsibilities for trail maintenance.
3. The City of Maplewood agrees to conduct necessary trail repair, replacement, snow
removal, weed control, drainage control and signage maintenance on an as needed basis.
4. The City of Maplewood agrees to create updated GIS-based trail system mapping and
provide these trail mapping files to North St. Paul.
5. The City of Maplewood and the City of North Saint Paul agree to indemnify each other
and hold each other harmless from any and all claims, causes of action, lawsuits,
judgments, charges, demands, costs, and expenses, including, but not limited to, interest
involved therein and attorneys. fees and costs and expenses connected therewith, arising
out of or resulting from the failure of either party to satisfy the provisions of this agreement
or for damages caused to other parties as a result of the manner in which the City of
October 27, 2008 12
City Council Meeting Minutes
Maplewood or the City of North Saint Paul perform or fail to perform duties imposed on
each party by the terms of this agreement.
6. This agreement shall remain in full force and effect until terminated by mutual
agreement of the City of Maplewood and the City of North Saint Paul or by an
independent arbitrator in the event that there is not a neutral agreement.
7. It is agreed that, except as specifically provided hereby the execution of this agreement,
neither party relinquishes any rights or powers possessed by it, neither party is relieved of
any responsibility, duty or obligation imposed on it by law or regulation.
8. Data Practices:
a. The City of Maplewood and the City of North Saint Paul agree to comply with the
Minnesota Data Practices Act and all other state and federal laws relating to data privacy
or confidentiality;
b. The City of Maplewood and the City of North Saint Paul will immediately report to each
other any requests from third parties for information relating to this Agreement.
c. The City of Maplewood and the City of North Saint Paul agree to promptly respond to
each others inquiries concerning data requests.
9. Arbitration of Disputes: Any controversy claim arising out of or relating to this
Agreement or breach thereof shall be settled by arbitration in accordance with the rules of
the American Arbitration Association. Judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction thereof.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their respective duly authorized representatives.
Dated CITY OF MAPLEWOOD
_________________________ By ___________________________________
Its Mayor
By ___________________________________
Its City Manager
Dated CITY OF NORTH SAINT PAUL
_________________________ By ___________________________________
Its Mayor
October 27, 2008 13
City Council Meeting Minutes
By ___________________________________
Its City Manager
Notice:
City of Maplewood City of North Saint Paul
1830 County Road B East 2400 Margaret Street
Maplewood, MN 55109 North Saint Paul, MN 55109
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
8. Consider Contract Change Order with MFRA for Completion of Comprehensive Plan
a. Acting City Manager, Public Works Director, Chuck Ahl gave the report and
answered questions of the council.
Councilmember Hjelle moved to approve the Acting City Manager to accept the Change Order
with MFRA in an amount not to exceed $5,500 for the completion of the Comprehensive Plan. No
additional monies are being requested.
October 15, 2008
Mr. Chuck Ahl, City Manager
City of Maplewood
1830 County Road B
Maplewood, MN 55109
RE: Contract Change Order
Comprehensive Plan, Park Trail and Open Space
Mr. Ahl,
MFRA wish to inform you that our services had exceeded the proposed budget for updating the
comprehensive plan and parks trail and open space. A majority of the extra costs were due to
added work we inherited after the resignation of Mr. Roberts and the additional meetings and
data collections that were needed to complete specific tasks. Although we accepted these tasks,
the scope and budget were not specified and the costs were not recognized until the monthly
invoices were distributed.
In working with you and DuWayne Konewko we believe an agreement has been reached to
address our compensation and continual work on the Comprehensive Plan. MFRA will receive
payment for work completed per invoices 62884, 63261 & 62885. These payments will cover the
scope of services previously agreed upon. Services provided beyond those invoices will be
waived and no further services will be provided until a change order is approved.
change order not to exceed $5,500
MFRA is proposing this to provide our assistance in
preparing the comprehensive plan. A detailed scope of services will be created upon meetings
with the planning staff to ensure coordination of tasks within our budget. We look forward in
continuing our work and relationship with the City of Maplewood and your staff.
The proposed additional fee, as noted above, can be added as a Change Order to our in-place
agreement. If acceptable, please acknowledge below and return a copy to us.
October 27, 2008 14
City Council Meeting Minutes
Sincerely,
Tom Goodrum
Director of Planning Services
ACCEPTANCE OF CHANGE ORDER
By:
Date:
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
(ADDED ITEM)
8 a. Comprehensive Plan Resolution Time Extension
a. Acting City Manager, Public Works Director gave the report and answered
questions of the council.
Councilmember Hjelle moved to approve the Resolution Requesting Additional Time Within
Which To Complete the Comprehensive Plan Decennial Review Obligations until May 29, 2009.
RESOLUTION 08-10-161
REQUESTING ADDITIONAL TIME WITHIN WHICH TO COMPLETE
COMPREHENSIVE PLAN
“DECENNIAL” REVIEW OBLIGATIONS
WHEREAS, Minnesota Statutes section 473.864 requires local governmental units to
review and, if necessary, amend their entire comprehensive plans and their fiscal devices and
official controls at least once every ten years to ensure comprehensive plans conform with
metropolitan system plans and ensure fiscal devices and official controls do not conflict with
comprehensive plans or permit activities that conflict with metropolitan system plans; and
WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental
units to complete their “decennial” reviews by December 31, 2008; and
WHEREAS, Minnesota Statutes section 473.864 authorizes the Metropolitan Council to grant
extensions to local governmental units to allow local governmental units additional time within
which to complete the “decennial” review and amendments; and
WHEREAS, any extensions granted by the Metropolitan Council must include a timetable and
plan for completing the review and amendment; and
WHEREAS, the City will not be able to complete its “decennial” review by December 31,
2008, for the following reasons:
The City of Maplewood had a change in City Council during the process and the
City wanted to allow for adequate public input; and
The City of Maplewood required extensive review of the last undeveloped area of
the City; and
October 27, 2008 15
City Council Meeting Minutes
The City of Maplewood, due to its irregular geographic shape, requires Statutory
review of the Comprehensive Plan by eleven different communities
WHEREAS, the City Council finds it is appropriate to request from the Metropolitan Council
an extension so the City can have additional time to complete and submit to the Metropolitan
Council for review an updated comprehensive plan and amend its fiscal devices and official
controls.
NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD
MINNESOTA, AS FOLLOWS:
1. The City Manager is directed to submit to the Metropolitan Council no later than November
1, 2008, an application requesting an extension to May 29, 2009 and generally following the
attached schedule (“Exhibit A”).
The Maplewood City Council approved this resolution on October 27, 2008.
Approved:
____________________________
Mayor
Attested:
______________________________
City Clerk
Exhibit A
9.16.2008
Public Meeting: Planning Commission Meeting, South Maplewood Public Hearing
TC Meeting: Summary, Discussion and Preparation for City Council Meetings
Tasks: Complete analysis for South Maplewood Area and prepare staff
memo
11.10.2008
Meeting: City Council, Review Draft Comprehensive Plan
11.13.2008
TC Meeting: Summary, Discussion and Preparation for City Council Meetings
Tasks: Prepare final document and make final edits for submittal to City
Council
11.24.2008
Meeting:City Council, Review Draft Comprehensive Plan and Make
Recommendation
Tasks: Prepare document with final edits for submittal to City Council
Adoption
12.12.2008
MILESTONE: Send Draft to adjacent Communities and Agencies for Review
Tasks: Prepare draft for submittal to adjacent jurisdictions and preliminary
draft for Metropolitan Council for cursory review.
5.12.2009
MILESTONE: Five Month Period Review (Communities are allowed to take up to
six months for review but staff will work with adjacent communities
to complete review at an earlier date.
Tasks: Formal Metropolitan Council Review Starts
5.2009
Meeting: City Council Formally Adopts the Comprehensive Plan
October 27, 2008 16
City Council Meeting Minutes
Seconded by Councilmember Rossbach. Ayes – Councilmember Hjelle,
Juenemann, Nephew,
And Rossbach
Nay
– Mayor Longrie
The motion passed.
Thought we were going to have staff be more accountable in watching their times and
their schedules.
Mayor Longrie voted no because it was important to her that the staff that was working on the
project be cognizant of the deadlines of the Metropolitan Council and that the deadline has been
known to the staff for at least two years in advance.
9. Requesting Council Approval for Distribution of Surface Water Management Plan
for Agency Review
a. Deputy Public Works Director, DuWayne Konewko gave the report.
Councilmember Nephew moved to approve the Distribution of the Surface Water Management
Plan for Agency Review. Upon completion of this review process, staff will work closely with the
Environmental and Natural Resource Commission to review comments and provide
recommendation to council for formal adoption.
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
10. Consider Approval of Donation to the Police Department Reserves From the 3M
Foundation
a. Maplewood Police Chief, Dave Thomalla gave the report.
Councilmember Nephew moved to Approve the $200 Donation from the 3M Foundation for
participation by their employee in the Police Reserves.
RESOLUTION 08-10-162
AUTHORIZING GIFT TO CITY
WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices
of real and personal property and maintain the same for the benefit of the citizens and pursuant to
the donor’s terms if so-prescribed, and;
WHEREAS, the 3M Foundation wishes to grant the City of Maplewood the following:
$200, and;
WHEREAS, the 3M Foundation has instructed that the City will be required to use the
aforementioned for: the Maplewood Police Reserves, and;
WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the
purposes and under the terms prescribed, and;
October 27, 2008 17
City Council Meeting Minutes
WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its
governing body’s membership pursuant to Minnesota Statute §465.03;
NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the
Maplewood City Council approves, receives and accepts the gift aforementioned and under such
terms and conditions as may be requested or required.
The Maplewood City Council passed this resolution by two-thirds or more majority vote of its
membership on October 27, 2008.
Signed: Signed: Witnessed:
___________________ ____________________ ___________________
(Signature) (Signature) (Signature)
Mayor______________ Chief of Police_________ City Clerk____________
(Title) (Title) (Title)
___________________ _____________________ ____________________
(Date) (Date) (Date)
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
11. Approval of Claims
Councilmember Hjelle moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 234,543.12 Checks # 76656 thru # 76712
Dated 10/09/08 thru 10/14/08
$ 282,991.63 Disbursements via debits to checking account
Dated 10/03/08 thru 10/10/08
$ 633,295.32 Checks # 76713 thru # 76751
Dated 10/13/08 thru 10/21/08
$ 133,390.29 Disbursements via debits to checking account
dated 10/09/08 thru 10/17/08
__________________
$ 1,284,220.36 Total Accounts Payable
PAYROLL
$ 559,012.00 Payroll Checks and Direct Deposits dated 10/17/08
$ 3,885.62 Payroll Deduction check #1006135 thru #1006136
dated 10/17/08
___________________
$ 562,897.62 Total Payroll
October 27, 2008 18
City Council Meeting Minutes
GRAND TOTAL
$ 1,847,117.98
Seconded by Councilmember Nephew. Ayes – Mayor Longrie,
Councilmembers Juenemann,
Nephew and Rossbach
Nay
– Councilmember Hjelle
The motion passed.
M. CONSENT AGENDA
1. Councilmember Nephew moved to approve items 1, 2, 3, 4, 5, and 7.
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
2. Councilmember Juenemann moved to approve item 6.
Seconded by Councilmember Rossbach. Ayes – All
The motion passed.
1. Gambling Resolution Hill Murray Mother’s Club 5-8 Tavern
Councilmember Nephew moved to Approve the Resolution to Renew Hill-Murray Mother’s Club
Lawful Gambling License at 5-8 Tavern at 2289 Minnehaha Avenue.
RESOLUTION 08-10-163
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
nd
2. Heritage Square 2 Addition – Annual Planned Unit Development Review
October 27, 2008 19
City Council Meeting Minutes
Councilmember Nephew moved to Approve the Annual Planned Unit Development Review for
nd
the Heritage Square 2 Addition at Legacy Village. The permit shall be reviewed again only if a
problem arises or if a major change is proposed to the site.
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
3. Conditional Use Permit Review – Salvation Army Church
Councilmember Nephew moved to Approve the Annual CUP Review for the Salvation Army
Church at 2080 Woodlynn Avenue. This CUP shall be reviewed again in one year.
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
4. Approval of Rates for Police and Fire Services Provided to the City of Landfall for 2009.
Councilmember Nephew moved to Approve the Rates for Police at $119,480.00 and $11,411.00
for Fire Services provided to the City of Landfall for 2009.
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
5. Priory Public Improvements (St. Paul’s Monastery), Project 07-24, Resolution for
Modification of the Existing Construction Contract, Change Order No. 1.
Councilmember Nephew moved to Approve the Resolution for the Modification of Existing
Construction Contract, Change Order No. 1, for City Project 07-24, in Addition to Authorizing
Reduction in the Construction Contract Retainage.
RESOLUTION 08-10-164
October 27, 2008 20
City Council Meeting Minutes
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
6. Approve Purchase of GeoMelt 55 - Ice Melt for City Maintained Streets
a. Acting City Manager, Public Works Director, Chuck Ahl introduced the item and answered
questions of the council.
Councilmember Juenemann moved to approve the Street Superintendent to purchase up to
3,000 gallons of GeoMelt 55 in an amount not to exceed $8,000. Monies are in the 2008 Snow
and Ice Budget 101-514-4180 line item maintenance materials to cover this expenditure.
Seconded by Councilmember Rossbach. Ayes – All
The motion passed.
7. Request for Additional Funds for 2008 Street Striping
Councilmember Nephew moved to approve the Additional Payment of $2,110.59 from the Street
Maintenance Budget 101-502-4480 fees for service, and authorize a payment to Ramsey County
in the amount of $24,110.59. Monies are available in this budget line item to cover the increase in
costs.
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
N. AWARD OF BIDS
1. TH 61/Frost Avenue Improvements, Project 07-30, Approve Resolution for Awarding
Construction Contract
October 27, 2008 21
City Council Meeting Minutes
a. Deputy Public Works Director, DuWayne Konewko gave the report.
Councilmember Nephew moved to approve the Resolution for the Award of Bid to Tower Asphalt,
Inc. in the amount of $507,146.55 for TH 61/Frost Avenue Improvements, City Project 07-30, and
authorize the finance director to adjust the budget to reflect the increased share by Ramsey
County.
RESOLUTION 08-10-165
AWARD OF BID
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Tower Asphalt Inc. in the amount of $507,146.55 is the lowest responsible bid for the
construction of TH61/Frost Avenue Improvements–City Project 07-30, and the mayor and clerk
are hereby authorized and directed to enter into a contract with said bidder for and on behalf of
the city.
The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project as provided in the table below:
MSA Bonds $ 406,120
Ramsey County$ 69,255
Mn/DOT $ 245,000
TOTAL $ 720,375
th
Adopted by the council on this 27 day of October 2008.
Seconded by Councilmember Juenemann. Ayes – All
The motion passed.
G. ADMINISTRATIVE PRESENTATIONS
1. PH for December 15 White Bear Avenue Project.
a. Acting City Manager, Public Works Director, Chuck Ahl gave an update regarding
th
the White Bear Avenue Project and requested December 15 to have a special
meeting for the purpose of conducting a public hearing on the project at 7:00 p.m.
H. COUNCIL PRESENTATIONS
1. Metro Cities Meeting – Councilmember Nephew
Councilmember Nephew inquired what the council had done in the past regarding the
Metro Cities Meeting. The council discussed the issues but made no decisions regarding
a representative for the Metro Cities Meeting.
2. LEAP Award Presentation – Mayor Longrie
Two homes in Maplewood received the LEAP Award for managing storm water and using
native vegetation on their property. Congratulations to winners Frederica Musgrave and
Julie Binko at 1949 Greenbrier and Paul and Lori Benassi at 975 Kohlman Lane.
3. Update on Traffic on Roselawn Avenue – Mayor Longrie
Acting City Manager, Chuck Ahl said current traffic levels seem to be unchanged from the
past few years but staff is working on a report for the council which will be available in the
next week or so.
4. Municipal Legislative Commission Meeting Update – Mayor Longrie
October 27, 2008 22
City Council Meeting Minutes
Mayor Longrie said the Municipal Legislative Commission Meeting was held at Great
River Energy in Maple Grove. There were great examples of how wind energy is
generated at the meeting site.
5. 2010 Framework Documentation for looking at senior housing trends – Mayor Longrie
This meeting is to help prepare city’s for the senior age wave to assist communities in
preparing housing needs for the aging seniors in each community. Mayor Longrie asked
that this information be passed along to the Housing Redevelopment Authority
Commission.
6. Smoke Task Force Meeting October 23, 2008, and a citizen concern. – Mayor Longrie
A Maplewood resident called Mayor Longrie with a complaint that someone from the
dispatch center had hung up on the resident when she called to complain about a
nuisance smoke complaint. (Councilmember Rossbach said he was aware of the situation
and discussed details of what he understood to have occurred.)
O. VISITOR PRESENTATIONS – PART II
None.
P. ADJOURNMENT
Mayor Longrie adjourned the meeting at 12:07 a.m.
October 27, 2008 23
City Council Meeting Minutes