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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. October 27, 2008 2 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 City Council Meeting Minutes 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 City Council Meeting Minutes 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