HomeMy WebLinkAbout09-11-2006Q
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MINUTES
MAPLEWOOD CITY COUNCIL
7:38 P.M. Monday, September 11, 2006
Council Chambers, City Hall
Meeting No. 06-23
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at
7:38 P.M. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
A moment of silence was held in remembrance of those who lost their lives and for and those who
dedicated hours of service helping victims of the September 11, 2001 terrorist attacks.
A moment of silence was held to recognize public works employee Bill Priebe. Bill worked for the city
for 25 years and passed away on September 4th. Bill was an extremely dedicated and an irreplaceable
employee, a good friend and will be greatly missed by all.
ROLL CALL
Diana Longrie, Mayor Present
Rebecca Cave Councilmember Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF AGENDA
Mayor Longrie moved to approve the agenda as amended.
L6. Setting the Time Table for the Tax Levy and Publication
L7. Selection of City the Attorney (Civil and Prosecutorial) and Employment Law Attorney
N1. Council Picture
N2. Crestview Townhomes
N3. Peter Regnier Letter
N4. Eminent Domain Letter
N5. Alleged Police Officer Assault
N6. Follow-up on Mr. Copeland's Background Report
N7. Storage Area on Frost Avenue
N8. Flier from State Fair
N9. Saturday Hours at City Hall
N10. Frequency of City Council Meetings
Seconded by Councilmember Hjelle
APPROVAL OF MINUTES
Ayes -All
Minutes from the August 7, 2006 Council/Manager Workshop
Mayor Longrie moved to approve the minutes from the August 7, 2006 Council/Manager
Workshop as presented.
Seconded by Councilmember Cave
Ayes -All
City Council Meeting 09-11-06
2. Minutes from the August 28, 2006 Council/Manager Workshop
Councilmember Juenemann moved to approve the minutes from the August 28, 2006
Council/Manager Workshop as presented.
Seconded by Councilmember Hjelle Ayes -All
3. Minutes from the August 28, 2006 City Council Meeting
Mayor Longrie moved to approve the minutes from the August 28, 2006 City Council Meeting as
amended.
Seconded by Councilmember Juenemann Ayes -All
F. VISITOR PRESENTATIONS
Steve Benoit, Minnesota Recreation and Parks Association Award Committee presented an
award of excellence to the Maplewood Parks and Recreation Department for the Applewood
Park Shelter Building Project.
2. Nancy Lazaryan, 10734 West Lake Road, Rice, MN, asked who ordered her recent arrest.
When Ms. Lazaryan did not respect the meeting rules of conduct during Mayor Longrie's answer
to her question, Mayor Longrie called a brief recess to the meeting. When the meeting
resumed Mayor Longrie provided the response to Ms. Lazaryan's question.
3. William Kayser, 6408 81St Avenue North, Brooklyn Park, stated who he felt was the owner
of a particular Maplewood property. City Attorney Kantrud informed Mr. Kayser that after
investigation he has not found any improper conduct on the part of the former city civil
attorney, or the forging of deeds by that attorney for the property in question.
4. Veronica Sletten, 2747 Clarence Street, expressed concern for fast traffic on County Road D
and Southlawn Avenue.
G. APPOINTMENTS/PRESENTATIONS
None
H. PUBLIC HEARINGS
Gervais Avenue Street and Storm Assessment, City Project 05-17
Assessment Hearing, 7:00 p.m.
Approve Resolution for Adoption of Assessment Roll
Approve Resolution for Award of Bid
a. Engineer Thompson presented the report.
b. Mayor Longrie opened the public hearing (8:10 p.m.), calling for proponents or
opponents. The following persons were heard:
None
C. Mayor Longrie closed the public hearing.
City Council Meeting 09-11-06
Councilmember Juenemann moved to adopt the following resolution for the Adoption of the
Assessment Roll for Gervais Avenue Street Improvement Project, City Project 05-17:
RESOLUTION 06-09-110
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on July 24th , 2006, calling for
a Public Hearing, the assessment roll for the Gervais Avenue Street Improvements, City Project
05-17, 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. Parcel 09.29.22.42.0008 — Peter Sampair; Viking Drive, LLC.
Mr. Sampair objects to the assessment based upon a lack of increased property value.
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 the objections
received and report to the City Council at the regular meeting on September 25th, 2006, as to
their recommendations for adjustments.
2. The assessment roll for the Gervais Avenue Street Improvements as amended, without
those property owners' assessments that have filed objections, a copy of which is attached
hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the
special assessment against the lands named therein, and each tract of land therein included is
hereby found to be benefited by the proposed improvement in the amount of the assessment
levied against it.
3. Such assessments shall be payable in equal annual installments extending over a period
of 15 years, the first installments to be payable on or before the first Monday in January 2007
and shall bear interest at the rate of 5.9 percent per annum for the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire assessment
from the date of this resolution until December 31, 2006. 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 1, 2006, 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 1, 2006, 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 15 or interest will be charged through December 31 of the next succeeding year.
5. The city engineer and city clerk shall forthwith after November 1, 2006, but no later than
November 15, 2006, 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.
Seconded by Councilmember Hjelle Ayes -All
City Council Meeting 09-11-06
Councilmember Juenemann moved to adopt the following resolution approving the Resolution
for the Award of Bids for Gervais Avenue Street Improvement Project, City Project 05-17:
RESOLUTION 06-09-111
AWARD OF BIDS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Palda and Sons, Inc. in the amount of $335,615.50 is the lowest responsible bid for the construction of
Gervais Avenue Street Improvements —City Project 05-17, 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.
Seconded by Mayor Longrie Ayes -All
I. CONSENT AGENDA
Councilmember Hjellemoved to adopt consent agenda items 1-4.
Seconded by Councilmember Cave Ayes -All
Councilmember Juenemann moved to adopt consent agenda item 5.
Seconded by Councilmember Hjelle Ayes -All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 107,459.24 Checks # 70715 thru # 70766
dated 8/29/06
$ 156,328.45 Disbursements via debits to checking account
dated 08/16/06 thru 08/24/06
$ 1,195,520.40 Checks # 70767 thru # 70819
dated 09/05/06
$ 287,912.84 Disbursements via debits to checking account
dated 08/25/06 thru 08/30/06
$ 1,747,220.93 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 507,169.77 08/25/06
Payroll Deduction check # 106014 thru # 106015
$ 2,305.25
dated 08/25/06
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4
$ 509,475.02 Total Payroll
$ 2,256,695.95 GRAND TOTAL
2. Annual Maplewood Historical Society Payment
Approved to approve the $2000 payment to the Maplewood Historical Society in the city's
budget each year.
3. Temporary Gambling — North Star Chapter BCCA at Aldrich Arena
Adopted the following resolution issuing a temporary gambling permit for North Star Chapter of
BCCA (Brewery Collectible Club of America) for an event at Aldrich Arena, 1850 White Bear
Avenue. On October 16th, 8:00 a. m. to 4:00 p.m.:
RESOLUTION 06-09-112
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary
permit for lawful gambling is approved for the North Star Chapter of BCCA.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of
the Minnesota Department of Gaming approve said permit application as being in compliance with
Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
4. Maple Leaf Ridge Business Park, City Project 05-35, Approve Board of Water Commissioners
of the City of Saint Paul Private Water Main Agreement
Approved the private water main agreement between Maple Leaf Holding, LLC, the City of
Maplewood and the Board of Water Commissioners of the City of St. Paul.
5. Conditional Use Permit Review — Mounds Park Academy (2051 Larpenteur Avenue)
Approved to review the conditional use permit for Mounds Park Academy at 2051 Larpenteur
Avenue again in one year.
J. AWARD OF BIDS
K. UNFINISHED BUSINESS
Ordinance to Establish Full Commission Status for the Environmental Committee (Second
Reading)
a. Environmental Manager Konewko presented the report.
Mayor Longrie moved to adopt the following second reading of the ordinance to establish
the Environmental and Natural Resources Commission as an advisory board to the city council
as provided by the Minnesota Statute:
City Council Meeting 09-11-06
MAPLEWOOD ORDINANCE NO. 872
DIVISION 4. ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
Sec. 18.180. Established
The city council establishes for the city an environmental and natural resources commission as
an advisory board to the city council, as provided in Minn. Stats. §§ 462.351-462.365.
(Code 1982, § 25-17)
Sec. 18-181. Advisory body; exceptions
All actions of the advisory environmental and natural resources commission shall be in the
nature of recommendations to the city council, and the commission shall have no final authority
about any matters, except as the council may lawfully delegate authority to it.
(Code 1982, § 25-18)
State law reference- City environmental and natural resources agency to be advisory, except
as otherwise provided by state statute or charter, Minn. Stats. § 462.354, subd. 1.
Sec. 18.182. Composition; appointment; qualifications; terms
(a) The environmental and natural resources commission shall have seven members appointed by
the council. The members shall be residents of the city and may not hold an elected city public
office. When possible, the council shall select commission members to represent the various
areas of the city and to help meet the needs of the residents.
(b) The city council shall appoint members of the environmental and natural resources commission
for three-year terms. If the appointment is to fill a vacancy, the appointment would be to finish
the unexpired part of the vacated terms.
(Code 1982, § 25-19)
Sec. 18.183. Chairperson and vice -chairperson.
The environmental and natural resources commission shall elect a chairperson and a vice -
chairperson at the first environmental and natural resources commission meeting in January
each year. The chairperson shall be responsible for calling and presiding at meetings and shall
have an equal vote with other members of the commission. If the chairperson is not at a
meeting, the vice -chairperson shall assume the duties of the chairperson for that meeting. If the
chairperson resigns from or is otherwise no longer on the environmental and natural resources
commission, the vice -chairperson shall become the acting chairperson until the environmental
and natural resources commission can hold an election for new officers.
(Code 1982 § 25-20)
Sec. 18.184. Vacancies.
(a) Any of the following may cause the office of an environmental and natural resources commissioner
to become vacated:
(1) Death or removal from the city
(2) Disability or failure to serve, as shown by failure to attend three meetings in any year, may be cause
for removal by council majority, unless good cause can be shown to the council.
(3) Resignation in writing.
City Council Meeting 09-11-06
(4) Taking public office in the city.
(b) Vacancies shall be filled by the council for the unexpired portion of the vacated term.
(Code 1982, § 25-21)
Sec. 18.185. Officers; meetings; rules of procedure.
(a) The environmental and natural resources commission shall elect its own officers, establish
meeting times, and adopt its own rules of procedure to be reviewed and approved by the city
council.
(b) All meetings of the environmental and natural resources commission shall be open to the public
and published on the city's website.
(Code 1982, § 25-22)
Sec. 18.186. Duties and responsibilities.
In order to protect, preserve and enhance the environment of the City of Maplewood, the
Environmental and Natural Resources Commission will:
(1) Establish environmental priorities for the city in partnership with the City Council.
(2) Recommend to the Community Design Review Board, Planning Commission and City Council
changes necessary to existing policies, operating procedures and ordinances that control,
protect, preserve and enhance the city's environmental assets.
(3) Recommend to the Community Design Review Board, Planning Commission and City Council
new policies, operating procedures and ordinances that control, protect, preserve and enhance
the city's environmental assets.
(4) Actively participate in and support the mission and goals of the Maplewood Nature Center and
Neighborhood Preserves by promoting environmental awareness through educational
programs, communications and co-sponsored activities.
(5) Pro -actively promote greater use and appreciations of the city's environmental assets.
(6) Review the role of other city groups and how they might assist, support and advise the
Environmental and Natural Resources Commission.
(7) Sponsor environmental projects to enhance, repair, replace or restore neglected or deteriorating
environmental assets of the city.
(8) Develop educational programs and materials that foster the mission to the Environmental and
Natural Resources Commission.
(9) Develop and promote the use of "sustainable practices" for city policies and procedures. (Code
1982, § 25-23)
Sec. 18.187. Compensation; expenses.
All members of the environmental and natural resources commission shall serve without
compensation. However, approved expenses of the environmental and natural resources
commission shall be paid from available city funds.
Sec. 18.188. Responsibilities of the Environmental Manager.
Subject to the direction of the city manager, the environmental and natural resources
commission and its chairperson, the environmental manager who reports to the city engineer
shall:
(1) Conduct all correspondence of the commission.
(2) Send out all required notices
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(3) Attend all meetings and hearings of the commission.
(4) Keep the dockets and minutes of the commission's proceedings.
(5) Keep all required records and files.
(6) Maintain the files and indexes of the commission.
(Code 1982, § 25-25)
Sec. 18.189. Duties of city engineer, city attorney and other city employees.
(a) The city engineer and the city attorney shall be available to the environmental and natural
resources commission. The city engineer and attorney shall have the right to sit in with the
commission at all meetings, but shall not be entitled to vote as members of the commission.
(b) All city engineering department employees and other regular employees or personnel of the city
shall cooperate with the environmental and natural resources commission and make them self
available and attend meetings when requested to do so.
(Code 1982, § 25-26)
This ordinance shall be effective on October 1. 2006.
Seconded by Councilmember Hjelle Ayes -All
2. Kenwood Curb Assessment, City Project 05-16, Approve Resolution for Adoption of Revised
Assessment Roll
a. Environmental Manager Konewko presented the report.
Councilmember Juenemann moved to adopt the following resolution for the adoption of the
revised assessment roll for the Kenwood Avenue Street Improvements:
RESOLUTION 06-09-113
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on August 28, 2006, the
assessment roll for the Kenwood Curb Assessment, City Project 05-16, was presented in a Public
Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, one property owner filed an objection to their assessment according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Jay Reiling, Lot at the southeast corner of the intersection of Eldridge Avenue and Kenwood Drive
East (PIN 172922110087): Mr. Reiling disagrees with the assessment that has been applied to his lot.
He requests either deferral of the assessment until the lot is developed or cancellation of the
assessment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the
assessment roll for the Kenwood Curb Assessment, Project 05-16:
Jay Reiling, Lot at the southeast corner of the intersection of Eldridge Avenue and Kenwood
Drive East (PIN 172922110087): Grant deferral of assessment, without interest, until such
time property is developed, subject to a signed agreement by the property owner. If the property
is not developed within 15 years from the date of the assessment hearing, the deferred
assessment shall be cancelled.
City Council Meeting 09-11-06
B. The assessment roll for the Kenwood Curb Assessment, as amended, is hereby accepted, a copy
of which is attached hereto and made a part hereof. 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.
C. Such assessments shall be payable in equal annual installments extending over a period of 15
years, the first installments to be payable on or before the first Monday in January 2007 and shall bear interest
at the rate of 5.9 percent per annum for the date of the adoption of this assessment resolution. To the first
installment shall be added interest on the entire assessment from the date of this resolution until December 31,
2006. To each subsequent installment when due shall be added interest for one year on all unpaid
installments.
D. The owner of any property so assessed may, at any time prior to certification of the assessment to
the county auditor, but no later than November 1, 2006, pay the whole of the assessment on such property,
with interest accrued to the date of the payment, to the office of the city engineer, except that no interest shall
be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may,
at any time after November 1, 2006, 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 15 or interest will be charged through December 31 of the next succeeding year.
E. The city engineer and city clerk shall forthwith after November 1, 2006, but no later than November
15th, 2006, 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.
Seconded by Councilmember Cave Ayes -All
3. Ordinance Amendment to the Environmental Preservation and Protection of Trees and
Woodlands Ordinance (Second Reading)
a. City Engineer Ahl presented the report.
b. Mandy Musielewicz, Forester for the City of Maplewood was present for council
questions.
C. The following persons were heard:
Dave Schelling, 1955 Greenbrier, Maplewood.
Mayor Longrie moved to adopt the following second reading of the Environmental Preservation
and Protection of Trees and Woodlots Ordinance:
City of Maplewood Ordinance 873
ENVIRONMENTAL PRESERVATION AND PROTECTION
OF TREES AND WOODLANDS
Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands
provide better air quality, scenic beauty, protection against wind and water erosion, natural insulation for energy
conservation, and are beneficial in watershed management. Trees and woodlands also provide wildlife habitat,
privacy as screening, act as natural sound and visual buffers, and increase property values. It is therefore the
city's intent to protect, preserve, and enhance the natural environment of Maplewood and to encourage a
resourceful and prudent approach to development in the city; thereby, promoting and protecting public health,
safety, and welfare of the citizens of Maplewood. The purpose of this article is to establish a tree preservation and
protection ordinance to assure the continuance of significant natural features for present and future generations
which:
City Council Meeting 09-11-06
Preserve the natural character of neighborhoods (in developed and undeveloped areas).
2. Protect the health and safety of residents.
3. Protect water quality and minimize storm water runoff.
4. Prevent erosion or flooding.
5. Assure orderly development within wooded areas to minimize tree loss and environmental degradation.
6. Establish a minimum standard for tree preservation and mitigation of environmental impacts resulting from
tree removal.
7. Establish and promote an on-going tree planting and maintenance program within the city to assure trees
and woodlands for future generations.
Applicability.
This article shall apply to any individual, business, or entity that engage in a building or development project
which requires issuance of a grading permit or new building permit. This includes all sites of new
development that contain significant trees or woodlots. Platting and adding new roadway and right of way
are subject to this ordinance.
2. The following are exceptions and are exempt from the requirements of this ordinance:
a. Minor home additions, general home improvements, and construction of accessory buildings (i.e. garage,
shed).
b. Tree removal related to city public improvement projects to existing roadways, sewers and other
infrastructure, utility/infrastructure work or repair.
c. Emergency removal of a tree(s) to protect public health.
d. Restoration of land to native prairie. Prairie restoration must be approved by the environmental manager or
city forester.
e. Commercial tree nursery and landscape operations.
f. Removal of dead or dying trees.
Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Applicant means developer, builder, contractor or homeowner who applies for a building or grading permit.
Ca/ipermeans a tree trunk measurement of nursery stock measured six (6) inches above ground fortree trunks up
to four (4) caliper inches. Tree trunks over four (4) caliper inches measured at six (6) inches in height, move
measurement point to twelve (12) inches above ground to measure trunk caliper. Trees greater than four (4) caliper
inches may have diameter measurements.
City Forester means a tree inspector/forester certified by the State of Minnesota who is employed by the city,
or appropriate agent or independent contractor designated by the city. Must meet the definition of a
Maplewood Registered Forester.
Coniferous/Evergreen Tree means a woody plant having foliage on the outermost portions of the branches year-
round which at maturity is at least twelve (12) feet or more in height. Tamaracks and Larch are included as
coniferous tree species.
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Critical Root Zone (CRZ) means an imaginary linear circle surrounding the tree trunk with a radius distance of one
(1) foot per one (1) inch of tree diameter (e.g., a sixteen (16) inch diameter tree has a CRZ with a radius of sixteen
(16) feet.
Deciduous Tree means a woody plant, which sheds leaves annually, having a defined crown and at maturity is at
least fifteen (15) feet or more in height.
Diameter means a standard point of measurement of tree size, measurement of tree trunk in inches at a height of
four and one half (4.5) feet above ground. Measure the circumference of a tree trunk in inches at four and one half
(4.5) feet above ground and divide by (3.14) to determine diameter.
Drip Line means the farthest distance around and away from the trunk of a tree that rain or dew will fall directly to
the ground from the leaves or branches of that tree.
Environmental Manager means an employee of the city who manages city-wide environmental programs, or
appropriate agent designated by the city.
Hardwood Deciduous Tree means the following tree species: ash, basswood, birch, black cherry, catalpa,
hackberry, hickory, ironwood, hard maples (sugar maple or red maple), locust, oak, and walnut.
Major Home Addition means an addition on a single or double dwelling lot of which the addition or accessory
building is more than a sixty (60) percent increase in the footprint of the single or double dwelling structure on
said lot.
Maplewood Registered Forester means a person who is registered with the city as a consulting forester and
holds a minimum of a Bachelor of Science degree in arboriculture, urban forestry or similar field from an
accredited academic institution or is registered with the International Society of Arboriculture as a certified
arborist/forester.
Minor Home Addition means an addition on a single or double dwelling lot of which the addition or accessory
building is less than a sixty (60) percent increase in the footprint of the single or double dwelling structure on
said lot.
Ornamental Tree means a woody plant, which is grown for its beauty of its foliage and flowers.
Retaining Wall means a structure utilized to hold a slope in a position in which it would not naturally remain.
Specimen Tree is a healthy tree of any species twenty-eight (28) inches in diameter or greater. These trees are
considered Significant Trees.
Significant Natural Feature means a significant water body, woodlot, significant slope, or a site of historical or
archeological significance that has been recorded with the state.
Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous
trees, eight (8) inches in diameter for coniferous/evergreen trees, twelve (12) inches diameter for softwood
deciduous tree, and specimen tree of any species twenty-eight (28) inches in diameter or greater as defined herein.
Buckthorn or others noxious woody plants as determined by the environmental manager are not considered a
significant tree species at any diameter.
Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of
the length to the height.
Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on
land, including portable structures.
Softwood Deciduous Tree means the following tree species: box elder, cottonwood, elm, poplar/aspen, silver
maple, and willow.
City Council Meeting 09-11-06 11
Tree Preservation Plan means a plan prepared with the assistance of a certified forester, which clearly shows all
trees in the area to be developed or within the parcel of record. The plan should include all significant trees to be
preserved and measures taken to preserve them. The plan will also include calculations to determine the number
of replacement trees as required by the tree mitigation schedule and a proposed re -forestation landscape plan.
Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or
similar service operations.
Vegetation means all plant growth, especially trees, shrubs, native wildflowers, mosses or grasses.
Wetland as defined in the city's wetland ordinance.
Wilding Tree means a tree that was not grown or maintained by a nursery.
Woodlot means a treed area of at least one-quarter (1/4) acre on a vacant lot, which includes significant tree(s).
Woodlot alteration permit. A woodlot alteration application shall be submitted to the environmental manager for
review prior to removal of any living trees on a woodlot that is not reviewed by another application. The applicant
shall submit a tree plan and any other information needed to determine compliance with this ordinance. Specific
requirements shall be stated on an application form in the office of the environmental manager. An application fee
shall be established yearly by the city council by resolution. Failure to submit an approved woodlot alteration
application before removal of any trees will result in a two-year moratorium for issuance of a city grading
or building permit. In addition, a total tree replacement for the parcel as outlined in the tree
mitigation/replacement schedule with the assumption that all trees that were removed are significant trees.
The environmental manager may approve a woodlot alteration permit that complies with this ordinance and receive
recommendations from the city forester concerning the proposed woodlot alteration. The applicant may appeal
environmental manager's decision to the environmental committee in writing within fifteen (15) days of the
environmental manager's written decision. The applicant may appeal the environmental committee decision in
writing within (15) days of the environmental committee written decision to city council for final decision. Applicant
must first approach environmental manager then environmental committee before city council will review.
Tree preservation plan. A tree preservation plan is required for any project which requires any land use
permit, grading permit, or building permit; excluding minor home additions and the removal of dead,
diseased, dying or hazardous trees of any size. A tree preservation plan shall reflect the applicant's best effort
to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage and other
physical features, so that the fewest significant trees are destroyed or damaged and to minimize the negative
environmental impact to the site. All tree replacements will be in addition to landscape tree planting standards. An
applicant may request a waiver from the environmental manager from preparation of a tree preservation plan.
Tree preservation plans shall include the following:
1. A tree inventory overlay on the site plan that shows size, species, general health, and location of all
significant trees located within the area to be developed or within the parcel of record. Location of groups
of standing dead or diseased significant trees shall be noted on inventory overlay.
All tree inventories shall be preformed by a certified forester and shall be consistent with the engineer's
grading plan contours.
All significant trees included in the tree inventory must be tagged in the field for reference on the tree
preservation plan. These significant trees should be identified on the plan sheet(s) in both graphic and
tabular form. Trees growing in clump form are considered individual trees and each stem/trunk is measured
as individual trees.
2. A certified forester must approve the tree preservation plan.
3. The tree preservation plan must be drawn at the same scale as the other site plan submittals.
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4. A tree preservation plan that coincides with necessary engineering documents such as topography,
wetland information, grading plans, road, and building locations must include:
a. A list of total diameter inches of all healthy significant trees inventoried.
b. Listing of the total diameter inches of healthy significant trees removed.
The name(s), telephone number(s), and address(s) of the person(s) responsible for tree
preservation during the course of the development project.
5. Outer boundaries of all contiguous wooded areas, with a general description of trees not
meeting the significant tree size threshold and any indication of the presence of epidemic tree
diseases.
6. Delineation of all limits of land disturbance, clearing, grading and trenching.
7. Locations of the proposed buildings, structures, or impervious surfaces.
8. Location of trees protected and the proposed measures for protection including delineation of
tree protection fencing, tree protection signs, location for material storage, parking, debris storage, and
wash out area for redi-mix trucks.
9. Written description of tree preservation and safeguarding measures planned for the site.
10. Size, species, number, and location of all replacement trees proposed to be planted on the
property in accordance with the tree mitigation/replacement schedule.
11. Signature of the person(s) preparing the plan.
The tree preservation plan shall be reviewed by the environmental manager, with advisement from the city forester,
for compliance with this ordinance. Reasons for denial shall be noted on the tree preservation plan, or otherwise
stated in writing.
Tree Preservation and Safeguarding Tree Measures.
All developments within the city shall be designed to preserve significant trees and woodlots, where such
preservation would not affect the public health, safety or welfare of Maplewood citizens. The city may
prohibit removal of all or a part of a woodlot or significant tree subject to the limitations as defined in this
chapter. This decision shall be based on but not limited to the following criteria:
a. Size.
b. Species, health, and attractiveness of the trees, including:
1) Sensitivity to disease.
2) Life span.
3) Nuisance characteristics.
4) Sensitivity to site grading.
5) Potential for transplanting.
6) Need for thinning a woodlot.
7) Effects on the functioning of a development.
8) Fragmentation of wooded area and effects on wildlife corridors.
9) The public health, safety and welfare.
10) Effect on wetlands and/or watershed.
11) Native Prairie Restoration
City Council Meeting 09-11-06 13
2. Safeguarding preserved trees: the tree preservation plan shall delineate the location of (existing)
significant trees that are to be preserved with location and type of protective fencing.
a. Tree protective areas shall be located at a minimum of the CRZ of trees or drip line whenever
possible. Use of tree -save islands and stands are encouraged rather than the protection of
individual trees scattered throughout a site.
b. Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety
fencing or woven polyethylene fabric (silt fencing). Fencing must be self -supportive. All active tree
protection areas shall be designated as such with "Tree Save Area" signs posted in addition to the
required fencing.
C. Use of passive forms of tree protection requires approval from environmental manager in writing.
Passive forms of tree protection fencing include use of continuous rope or flagging (heavy mil
plastic four (4) inches or wider) with visible signage stating "Keep Out' or "Tree Save Area".
d. Signs requesting subcontractor cooperation and compliance with tree protection standards are
required at site entrances.
e. No construction work shall begin until tree protection fencing has been installed, inspected, and
approved by the city forester. At least three (3) working days prior to construction or grading,
applicant shall be required to request inspection of on-site protective measures by city forester.
Once city forester approves tree protection fencing or devices it must not be altered or removed
without prior written approval.
Tree protection fencing shall be maintained and repaired by the applicant for the duration of
construction. No grade change, construction activity, storage or staging of materials shall occur
within this fenced area.
g. Use of custom grading, retaining walls or tree wells to maintain existing grade for preserved trees.
h. Layout of the project site utility and grading plans should accommodate the tree preservation
areas. Utilities recommended along corridors between tree preservation areas and use of common
trenches or tunnel installation if possible.
Minimize tree wounding by felling or removing trees away from trees remaining on site.
Construction site activities such as parking, material storage, concrete washout, placement of
holes, etc., shall be arranged so as not to encroach on tree protection areas.
k. Identify and prevent oak wilt infection. Treat all known oak wilt infected areas with current accepted
guidelines including root cutting and tree removal. If pruning oaks is required between April 1 and
July 1 cover fresh wounds with nontoxic tree wound sealant or latex paint.
Use of wood chip mulch to a depth of six (6) to eight (8) inches adjacent to tree protection areas to
minimize soil compaction and desiccation.
M. Concrete washout, leakage or spillage of fuels or paints, or other materials that would
result in detrimental change in soil chemistry is prohibited in tree preservation areas.
n. Post construction tree care to mitigate construction damage:
1) Tree root aeration, fertilization, and/or irrigation systems.
2) Therapeutic pruning.
o. Soil compaction mitigation by:
1) Mulch drive lanes with eight (8) to ten (10) inches of woodchips.
City Council Meeting 09-11-06 14
2) Soil fracturing with deep tillage or other similar methods.
3) Inclusion of organic matter to existing soil.
3) Core aeration.
P. Transplant existing trees to a protected area for future transplanting onto permanent sites within
the construction area.
3. If any significant tree stated as preserved (protected) in the approved tree preservation plan is cut,
damaged, or encroached upon by grading equipment or during the construction process without city
authorization and is determined by the environmental manager that the damaged tree(s) will probably not
survive, the said damaged tree(s) shall be removed by the applicant at their expense and replacement
tree(s) required at a rate of two (2) times the tree mitigation/replacement formula.
Tree Mitigation/Replacement Schedule.
If less than twenty percent (20%) of significant tree diameter inches is removed, the applicant shall replace one (1)
tree per significant tree removed. Tree replacement shall be a minimum of two (2.0) caliper inches in size.
If twenty percent (20%) or more total diameter inches is removed, applicant shall mitigate all significant diameter
inches using the tree mitigation/replacement schedule in accordance with the following formula:
A = Total Diameter Inches of Significant Trees lost as a result of the Land Alteration
B = Total Diameter Inches of Significant Trees situated on the property.
C = Tree Replacement Constant (1.5)
D = Replacement Trees (Number of Caliper Inches)
((A/B -.20) x C) x A = D
Example
A
= 379
B
= 943
C
=1.33
D
=160
((379 / 943 — 0.20) x 1.5) X 379 = 114.7 caliper inches
The trees required to be replaced pursuant to this chapter shall be in addition to any other trees required to be
planted pursuant to any other provision of city code.
Once the total caliper inches for replacement trees are determined, the developer/applicant shall mitigate tree loss
by either:
Plant replacement trees in appropriate areas within the development in accordance with the tree
replacement schedule.
2. Plant replacement trees on city property under the direction of environmental manager or city forester. Must
be approved during the review process prior to issuance of permit(s).
3. Pay the city a sum per diameter inch in accordance with the tree replacement schedule with written
approval from city staff. The fee per diameter inch shall be set forth in the city fee schedule set annually by
city council resolution. Payment shall be deposited into an account designated specifically for tree planting
on public property within the city. The form of mitigation to be provided by the applicant shall be determined
City Council Meeting 09-11-06 15
by city staff. This provision may only apply if all other measures in this ordinance have been exhausted.
4. The developer shall be required to maintain trees for two (2) year after planting. Should any tree require
replacement during this two (2) year period, the replacement period shall start at the date of replacement.
Trees required to be planted pursuant to any other provision of city code are not included in this and must
be replaced according to such code.
5. Species requirements: Where ten (10) or more replacement trees area required, not more than thirty (30)
percent shall be of the same type of tree without the written approval of the environmental manager. Native
tree species to the Maplewood area are preferred.
6. Sources of trees: Replacement trees shall consist of certified nursery stock as defined by Minnesota
Statutes, Section 18.46 hardy for this USDA plant hardiness zone (Zone 2, 3 or 4 hardiness rated trees) or
other trees including wilding trees, so long as such wilding trees comply with the following standards and
are approved by the environmental manager or city forester. All replacement trees shall be healthy and
free from insect or disease infestation. A wilding tree measured in caliper inches shall not exceed the
maximum height as shown on the table below:
CALIPER INCHES
MAXIMUM HEIGHT (FEET)
2-3
18
3-4
20
4-5
24
The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than one-
half (1/2) the total height of the tree (e.g., a fourteen (14) foot tree must have a branch within seven (7) feet
of the surface of the surrounding ground).
7. Tree replacement size must be no less than two (2) caliper inches deciduous or six (6) foot evergreen tree
unless pre -approved by the environmental manager. Evergreen or coniferous tree height convert to caliper
measurement as follows: the first six (6) feet of growth equals two and one-half (2.5) caliper inches for
each additional two (2) feet in height equals one (1) additional caliper inch. Trees required to be planted
pursuant to any other provision of city code must comply with tree size specification of such code.
8. Tree replacement surety required. The applicant shall post tree replacement surety with the city, such as a
tree replacement cash deposit or letter of credit, of one hundred and fifty (150) percent of estimated cost for
tree replacement for proposed planting. Funds will be held by the city until successful completion of final
planting inspection. It shall be the applicant's responsibility to call for such inspection. Tree replacement
surety does not include other sureties required pursuant to any other provision of city code or city directive.
Enforcement. The city reserves the right to inspect the construction site at any time for compliance with this
ordinance. Should the city find the site in violation of the approved tree preservation plan, they may issue a stop
work order until conditions are corrected. Stop work order, will be lifted after approved by environmental manager
or city forester in writing.
The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates
any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to
punishment in accordance with section 1-15. All land use building, and grading permits shall be suspended until
the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate
offense.
Effect on density. The city may reduce the maximum allowed density on that part of a development that has
a significant natural feature, where such reduction would save all or part of a significant natural feature.
However, regardless of the requirements in this article, the maximum allowed density shall not be reduced
below 67 percent of the allowed density in the city's land use plan for multiple dwellings. The minimum lot size
shall not be increased above 15,000 square feet for single dwellings. Any required density reduction or
increase in lot size must save a significant natural feature. The city council may require the clustering of
dwellings in the form of townhouses, quads, apartments, or similar uses where it is necessary to preserve
City Council Meeting 09-11-06 16
significant natural features.
This ordinance shall be effective on September 12, 2006.
Seconded by Councilmember Juenemann Ayes -Mayor Longrie, Councilmembers
Cave, Hjelle and Juenemann
Nay-Councilmember Rossbach
L. NEW BUSINESS
1. Appeal of Community Design Review Board Decision (Signs) — Maplewood Mall (White Bear
Avenue)
Councilmember Juenemann moved to table this item at the request of the applicant.
Seconded by Councilmember Cave Ayes -All
2. Appeal of Condition of Approval — Menards (2280 Maplewood Drive)
a. Planner Roberts presented the report.
b. Brandon Wilmer, Real Estate Project Manager, 4777 Menard Drive, Eau Claire,
Wisconsin was present for council questions.
C. Planning Commissioner Trippler asked the no parking signs continue to Atlantic Street
which Mayor Longrie stated required notice must be made to all affected property
owners.
Councilmember Cave moved to reaffirm the parking reduction authorization for Menards at 2280
Maplewood Drive as approved by the City Council on March 27, 2006. This approval was to
allow Menards to have 50 fewer parking spaces than the code requires. (The city code requires
451 parking spaces and Menards is proposing 401 parking spaces.) Approval is because:
1. The required number of spaces is excessive. Menards has gotten by, essentially, with the
main parking area in front of the building since 1988. Menards customers do not typically use
other available parking areas on the site.
2. The proposed garden center addition would need 80 spaces according to the code.
However, Menards is currently using this same area for retail sales and outdoor storage as
approved earlier by the city.
As a condition of approval of this request, Menards shall provide adequate directional signage
in the parking lot.
Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave and Hjelle
Nays-Councilmember Juenemann and Rossbach
Councilmember Cave moved to add no parking signs on both sides of the frontage road
between the Menards property lines.
Seconded by Mayor Longrie Ayes -All
3. Cottagewood Utility Improvements, City Project 06-10, Resolution Approving Plans and
Advertising for Bids
a. Environmental Manager Konewko presented the report.
Councilmember Juenemann moved to adopt the following resolution for the Cottagewood Utility
Improvements, Project 06-10: Approving Plans and Advertising for Bids:
City Council Meeting 09-11-06 17
RESOLUTION 06-09-114
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on August 28, 2006, plans and
specifications for Cottagewood Utility Improvements, Project 06-10, have been prepared by (or under
the direction of) the city engineer, who has presented such plans and specifications to the council for
approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made a part
hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be published twice, at least ten days
before the date set for bid opening, shall specify the work to be done, shall state that bids will be
publicly opened and considered by the council at 10:00 a.m. on the 29th day of September, 2006, at
the city hall and that no bids shall be considered unless sealed and filed with the clerk and
accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five
percent of the amount of such bid.
3. The city clerk and city engineer are hereby authorized and instructed to receive, open,
and read aloud bids received at the time and place herein noted, and to tabulate the bids received.
The council will consider the bids, and the award of a contract, at the regular city council meeting of
October 9th, 2006.
Seconded by Councilmember Cave Ayes -All
4. Street Right -of -Way Vacation — Engstrom (Century Avenue and New Century Boulevard)
a. Planner Roberts presented the report.
b. Planning Commissioner Trippler reported that the Planning Commission reviewed this
item at their August 21 st meeting and was approved ayes all.
Councilmember Rossbach moved to adopt the following resolution for the vacation of part of
the street right-of-way on the northwest corner of Century Avenue and New Century Boulevard:
VACATION RESOLUTION 06-09-115
WHEREAS, Mr. Paul Engstrom, representing the developer of New Century, applied for
the vacation of the following:
That part of New Century Boulevard as shown on the plat of New Century, Ramsey
County, Minnesota described as follows:
Beginning at the most northeasterly corner of said New Century Boulevard, also being a
point on the west right-of-way line of Century Avenue; thence South 00 degrees, 39 minutes, 40
seconds East, assumed bearing along said west right-of-way line 70 feet; thence South 88
degrees, 34 minutes, 30 seconds West 77 feet; thence North 00 degrees, 39 minutes, 40
seconds West 70 feet to the north line of said New Century Boulevard; thence North 88
City Council Meeting 09-11-06 18
degrees, 34 minutes, 30 seconds East along said north line 77 feet to the point of beginning.
All in Maplewood, Ramsey County, in Section 13, Township 28, Range 22.
WHEREAS, the history of this vacation is as follows:
1. On August 21, 2006, the planning commission held a public hearing about this proposed
vacation. 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 reports and
recommendations of the city staff. The planning commission recommended that the city council
approve the vacation.
2. On September 11, 2006, the city council reviewed this proposal. The council also
considered reports and recommendations of the city staff and planning commission.
WHEREAS, after the city approves this vacation, the public fee title interest in the property will
go to the following described property:
Outlot C, New Century (PIN 13-28-22-11-0107)
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacation for the following reasons:
It is in the public interest.
2. The city and the property owner do not need or use the right-of-way in question for
street or public utility purposes.
3. The properties adjacent to the right-of-way have adequate street access.
This vacation is subject to the property owner granting to Ramsey County a ten -foot -wide public
highway and drainage and utility easement over the east ten feet of the property in question.
Seconded by Councilmember Hjelle Ayes -All
5. Easement Vacation — Hillside Estates (between Linwood Avenue and Springside Drive)
a. Planner Roberts presented the report.
b. Commissioner Trippler stated this item was reviewed at their August 21 st
Planning Commission meeting and passed ayes all.
Councilmember Cave moved to adopt the following resolution approving the vacation of
the utility and drainage easement on Lots 2 and 3, Hillside Estates:
DRAINAGE AND UTILITY VACATION RESOLUTION 06-09-116
WHEREAS, Josh Clendenen of Delaney Company LLC applied for the vacation of a drainage
and utility easement.
WHEREAS, the legal description of the drainage and utility easement is as follows:
WHEREAS, the history of this vacation is as follows:
On August 22, 2006, the planning commission held a public hearing about the proposed
vacation. The city staff published a notice in the Maplewood Review and sent a notice to
the abutting property owners. The planning commission gave everyone at the hearing a
City Council Meeting 09-11-06 19
chance to speak and present written statements. The planning commission also
considered reports and recommendations of the city staff. The planning commission
recommended that the city council approve the vacation.
2. On September 11, 2006, the city council reviewed this proposal. The city council also
considered reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described right-
of-way vacation for the following reasons:
It is in the public interest.
2. The vacation will allow the creation of a new infiltration basin on Lot 3 which will
allow a single-family house to be constructed on the lot which meets the front yard
setback required by city code.
3. The property owner will dedicate a new drainage and utility easement to the city.
This vacation is subject to the following conditions:
Prior to issuance of a grading or building permit for Lots 2 and 3, Hillside Estates,
the applicant must submit the following to city staff for approval:
a. A revised grading and drainage plan which shows all changes
required by Jon Jarosch of the Maplewood engineering department in the August
16, 2006, engineering review.
b. Proof that the revised drainage and utility easement has been recorded with the
county.
C. A tree preservation plan which shows the size and species of all trees on Lots 2
and 3, which large trees will be removed from the lots, appropriate measures
needed to protect trees which will be preserved, and the location, species, and
size of all required replacement trees.
d. A letter of credit or cash escrow to cover 150 percent of the cost of all
replacement trees.
2. Prior to certificate of occupancy for a new house on Lots 2 or 3, the
applicant must install all required replacement trees and complete the
construction of the infiltration basin.
Seconded by Councilmember Hjelle Ayes -All
6. Setting the Time Table for the Tax Levy and Publication
a. Interim City Manager Copeland presented the report.
Mayor Longrie moved to approve the proposed schedule for the Tax Levy time table.
Seconded by Councilmember Cave Ayes -All
7. Selection of City the Attorney (Civil and Prosecutorial) and Employment Law Attorney
a. Interim City Manager Copeland presented the report.
City Council Meeting 09-11-06 20
Councilmember Cave moved to appoint Bethel and Associates to provide the City of
Maplewood legal representation and negotiate labor agreements.
Seconded by Councilmember Hjelle Ayes -Mayor Longrie, Councilmembers Hjelle and
Cave
Nays-Councilmembers Juenemann and Rossbach
Councilmember Cave moved to appoint Knaack and Kantrud as the Civil Attorney for the City of
Maplewood.
Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Hjelle and
Cave
Nays-Councilmembers Juenemann and Rossbach
Councilmember Cave moved to appoint Knaack and Kantrud as the Prosecutorial Attorney for
the City of Maplewood.
Seconded by Councilmember Hjelle
M. COUNCIL PRESENTATIONS
Ayes -Mayor Longrie, Councilmembers Hjelle and
Cave
Nays-Councilmembers Juenemann and Rossbach
Council Photo-Councilmember Cave asked council to select a date for a City Council group
photograph. Ms. Cave will organize a time with the photographer and inform council of the date.
Councilmember Cave moved to continue the meeting until all agenda items are addressed.
Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave, Hjelle
and Rossbach
Nays-Councilmember Juenemann
2. Crestview Townhomes-Councilmember Rossbach asked staff for an update on the Crestview
Townhomes Association road feasibility study for taking back a street. Interim City Manger
Copeland has been in contact with City Engineer AN regarding this issue.
3. Peter Regnier Letter-Councilmember Hjelle felt a recent letter from Peter Regnier was a "very
strange" letter to receive from an attorney.
4. Eminent Domain-Councilmember Hjelle commented on a letter council received from the
Association of Metropolitan Municipalities regarding eminent domain.
5. Purported Police Officer Assault-Councilmember Hjelle questioned a report by a Minnesota
Professional Firefighter's Association representative stating that Mr. Hjelle assaulted a
Maplewood police officer in 2005. Mr. Hjelle stated he has no idea who the person is he
allegedly assaulted or any knowledge of an assault and asked Police Chief Thomalla to follow
up on the report.
6. Background Check-Councilmember Hjelle asked the status of the follow-up on Mr. Copeland's
background check. Interim City Attorney Kantrud is following up on allegations made on Mr.
Copeland's background report.
7. Storage Area on Frost in Gladstone (former impound lot) -Mayor Longrie reminded staff that a
condition of the CUP for this property was that the gate stays locked. Mayor Longrie and
Councilmember Juenemann noted this gate is open continually and asked staff to let the
owners know a padlock needs to be installed to comply with the conditions of their Conditional
Use Permit.
8. State Fair Handout -Mayor Longrie distributed an informational flyer to council on green building
that she received at the State Fair.
City Council Meeting 09-11-06 21
9. Saturday Hours -Mayor Longrie reminded residents that the Department of Motor Vehicle and
Passport office will now be open on Saturdays 8:00 a.m. to 12:00 noon.
10. Council Meeting Schedule -Mayor Longrie would like to add additional Council Meetings on
Mondays to get caught -up on city business.
N. ADMINISTRATIVE PRESENTATIONS
Policy on Use of City Council Chambers for Non -Partisan Political/Candidate Forums
a. Interim City Manager Copeland presented the report.
Councilmember Hjelle moved to make the council chambers available for non partisan political
meetings, non political town hall meetings and candidate forums at no charge for a maximum
use of 4 hours during periods when not otherwise required for office City business and
when a building custodian is scheduled to be on the premises.
Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave, Hjelle
and Juenemann
Nay-Councilmember Rossbach
2. Kelly and Fawcett Billing and Request for City Legal Files
a. Interim City Manager Copeland presented the report.
Councilmember Hjelle moved to not accept the transition billings from Kelly & Fawcett and
directed staff to look into arbitration of the bill.
Seconded by Councilmember Cave Ayes -Mayor Longrie, Councilmembers Cave and
Hjelle
Nays-Councilmember Juenemann and Rossbach
O. ADJOURNMENT
Mayor Longrie adjourned at 12:02 a.m.
City Council Meeting 09-11-06 22
Shann Finwall
Page 1 of 1
From: jmurphy@simon.com U
Sent: Monday, September 11, 2006 4:45 PM
To: Shann Finwall
Cc: tvolpe@simon.com
Subject: Re: Maplewood Mall Wallscapes
Shann,
Due to last minute scheduling conflicts with Tina Volpe - Director of Mall Marketing and myself, we will not be able to
attend tonight's meeting. Please let us know when we may reschedule the meeting to discuss.
Thanks
Jad D. Murphy - General Manager
Maplewood Mall - "a Simon Property Group Mall"
3001 White Bear Avenue North
Suite 1072
Maplewood, MN 55109
Ph: 651-770-3863
Fax: 651-770-7542
Email: jmurphy@simon.com
Simon System Speed - 328
Summary of Maplewood: Environmental Preservation and Protection of Trees and
Woodlands Ordinance
The City of Maplewood has adopted a new ordinance that addresses the preservation and
protection of trees. The new Ordinance, which replaces the original Ordinance drafted
and adopted 24 years ago, now requires a developer to replace trees based on the overall
diameter of tree inches lost due to development activity. The goal of the City is to
preserve as many existing trees as possible; however, development cannot always be
conducted in a way that preserves all status -quo tree -growth. The city's current tree
ordinance requires a developer to replace a large tree one for one, but in no case does a
developer have to replace more than ten trees per acre. In practice, the new Tree
Ordinance requires the orderly replacement of trees as part of a development plan based
on the overall diameter -inches of trees lost in or as a part of that development project. To
ensure compliance and provide oversight, a "tree -plan" must be presented for approval
prior to any project going forward. In addition, the Tree Ordinance also includes
additional protection measures for trees throughout the City of Maplewood. Due to its
length and inclusion of technical specifications/requirements, this Ordinance is being
published by Title and Summary, pursuant to Minnesota Statute § 412.191(4), following
its adoption by the City of Maplewood through its City Council on September 11, 2006.
A full copy of this Ordinance can be obtained on the city's website at
www.ci.maplewood.mn.us or in hard copy form at the City of Maplewood reception desk
located at City Hall at 1830 County Road B East.
CITY OF MAPLEWOOD, MINNESOTA
2007 BUDGET
EXPENDITURE SUMMARY - ALL BUDGETARY FUNDS
Operating Budget:
Ambulance Service
Charitable Gambling Tax
Community Center
Enhanced 911 Service
Environmental Utility
Fleet Management
General
Information Technology
Police Services Fund
Recreation Programs
Recycling Program
Sanitary Sewer
Street Light Utility
Total Operating Budget
Capital Improvements Budget:
Capital Improvement Projects
Fire Truck Replacement
Legacy Village Tax Abatement District
Open Space
Park Development
Public Improvement Projects
Police Safety Communication System
Redevelopment
Tax Increment Economic Development District #1-5
Tax Increment Housing District #1-1
Tax Increment Housing District #1-2
Tax Increment Housing District #1-3
Tax Increment Housing District #1-4
Tax Increment Housing District #1-5
Tax Increment Housing District #1-6
Tax Increment Housing District #1-7
Tax Increment Housing District#1-8
Water Availability Charge - No. St. Paul
Water Availability Charge - St. Paul
Total Capital Budget
Debt Service Budget:
Debt Service Fund
Grand Total
PERCENT
2006 2007 OVER(UNDER)
BUDGET BUDGET 2006 BUDGET
1,764,550
2,103,790
19.2%
53,730
40,050
-25.5%
2,286,410
2,870,010
25.5%
24,770
70,150
183.2%
1,108, 620
1,257,830
13.5%
581,880
720,370
23.8%
16,819,060
17,086,815
1.6%
745,750
680,100
-8.8%
53,130
51,570
-2.9%
881,950
798,270
-9.5%
396,810
405,920
2.3%
3,702,650
3,889,940
5.1%
179,310
182,540
1.8%
28,598,620 30,157,355 5.5%
138,220
20,040
-85.5%
280,380
20
-100.0%
70
120
71.4%
230
230
0.0%
450,000
500,920
'" 11.3%
0
0
N/A
800
0
-100.0%
60
60
0.0%
22,700
26,430
16.4%
170
430
152.9%
170
430
152.9%
160
440
175.0%
47,870
30,490
-36.3%
39,630
25,290
-36.2%
94,050
60,310
-35.9%
170
19,920
11617.6%
19,830
66,020
232.9%
40
140
250.0%
810
970
19.8%
1,095,360 752,260 -31.3%
6,192,400 6,576,290 6.2%
$35,886,380 37,485,905 4.5%
CITY OF MAPLEWOOD, MINNESOTA
GENERAL FUND (101)
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
2006 % CHANGE INCREASE
2005 ORIGINAL 2006 2007 OVER LAST OVER LAST
ACTUAL BUDGET RE -EST. BUDGET BUDGET BUDGET
Revenues:
1,238,779
1,374,770
1,344,720
1,481,660
7.8%
106,890
Taxes - current property
$9,157,645
$10,118,210
$10,036,080
$9,931,080
-1.8%
-$187,130
Taxes - electric franchise
0
0
0
959,350
N/A
959,350
Taxes - other
218,930
175,830
243,830
181,940
3.5%
6,110
Special assessments
56,998
37,000
34,610
34,530
-6.7%
-2,470
Licenses and permits
1,575,557
1,550,230
1,383,790
1,413,810
-8.8%
-136,420
Fines and forfeits
184,084
226,030
206,210
206,210
-8.8%
-19,820
Intergovernmental
897,779
983,660
971,685
1,180,570
20.0%
196,910
Charges for services
3,276,884
3,419,480
3,398,070
3,401,460
-0.5%
-18,020
Miscellaneous
280,627
229,310
258,790
223,530
-2.5%
-5,780
Total revenues
15,648,504
16,739,750
16,533,065
17,532,480
4.7%
792,730
Expenditures:
Community Development
1,238,779
1,374,770
1,344,720
1,481,660
7.8%
106,890
Executive
1,213,138
1,287,120
1,485,550
1,498,390 A
16.4%
211,270
Finance
644,657
665,880
655,570
690,870
3.8%
24,990
Fire
1,611,607
1,618,400
1,591,680
1,577,550
-2.5%
-40,850
Human Resource
359,553
381,290
371,320
0 A
-100.0%
-381,290
Legislative
117,887
151,370
146,090
151,480
0.1%
110
Parks and Recreation
1,592,944
1,561,990
1,525,930
369,520 B
-76.3%
-1,192,470
Police
6,483,191
6,793,010
6,665,650
7,126,855
4.9%
333,845
Public Works
2,049,580
2,225,220
2,204,370
3,432,190 B
54.2%
1,206,970
Records, Elections and Licenses
692,833
760,010
788,020
758,300
-0.2%
-1,710
Total expenditures
16,004,169
16,819,060
16,778,900
17,086,815
1.6%
267,755
Excess (deficit) of revenues over
expenditures
(355,665)
(79,310)
(245,835)
445,665
-661.9%
524,975
Other financing sources (uses):
Operating transfers in (out):
Public Safety Comm System Fund
0
0
(40,517)
0
N/A
0
Total other financing sources (uses)
0
0
(40,517)
0
N/A
0
Net change in fund balance
(355,665)
(79,310)
(286,352)
445,665
-661.9%
524,975
Fund balance - January 1
6,333,553
5,906,733
5,977,888
5,691,536
-3.6%
-215,197
Fund balance - December 31
$5,977,888
$5,827,423
$5,691,536
$6,137,201
5.3%
$309,778
Fund balance/revenues
38.2%
34.8%
34.4%
35.0%
Fund balance/expenditures
37.4%
34.6%
33.9%
35.9%
A Move Human Resource to Executive ($228,700).
B Adjust for moving Park Maintenance ($981,610) and Nature Center ($194,770) to Public Works.
2007 BUDGET - REVISONS SINCE 8-28-06 11 -Sep -06
RECREATION PROGRAMS FUND
Cut IT Technician position/reduce IT internal charges
(2,680)
IMPACT
(46,920)
TOTAL
ON TAX
GENERALFUND
EXPENDITURES
LEVY
Reduce legal fees for service
(50,000)
Reduce building inspection fees for service
(45,000)
Cut part-time customer service associate
Reduce City Manager wages & benefits
(45,000)
(33,100)
Cut temporary help wages for HR
(3,780)
Less proceeds from equipment certificate
Cut HR Director position (1.0 FTE)
(147,210)
256,340 262,380
Cut IT Technician position/reduce IT internal charges
(46,290)
Cut IT Technician position/reduce IT internal charges
Cut Public Safety Communications Manager eff. 6-1
(54,410)
(2,130)
Cut two new sergeant positions
(226,420)
Cut IT Technician position/reduce IT internal charges
Add back two current patrol officers
171,745
Add firefighter/paramedic (0.37 FTE)
25,420
Add firefighter/paramedic (0.63 FTE)
Cut paramedic coordinator
(4,590)
(95,640)
Add EMS director
6,210
INFORMATION TECHNOLOGY FUND (incl. above)
Increase pay for district chiefs
2,690
(54,440)
Cut deputy fire chief
(119,650)
Reclassify fire marshal as assistant chief
7,520
Cut temporary help wages at Nature Center
(7,230)
Cut temporary help wages for open space mgmt.
(5,380)
Move pt. office specialist from Nature Ctr.to code enfmt.
(25,650)
Public Works Bldg. maintenance projects
47,200
City Hall Bldg. maintenance projects
44,800
TOTAL
(475,025)
(746,770)
RECREATION PROGRAMS FUND
Cut IT Technician position/reduce IT internal charges
(2,680)
Cut Rec Program Supervisor -new hire (1.0 FTE)
(46,920)
TOTAL
(49,600) (50,820)
SANITARY SEWER FUND
Cut IT Technician position/reduce IT internal charges
(530)
COMMUNITY CENTER OPERATIONS FUND
Cut IT Technician position/reduce IT internal charges
(4,030)
Cut part-time customer service associate
(10,570)
Cut part-time bldg. custodian
(33,100)
Bldg. maintenance projects
504,040
Less proceeds from equipment certificate
(200,000)
TOTAL
256,340 262,380
ENVIRONMENTAL UTILITY FUND
Cut IT Technician position/reduce IT internal charges
(380)
Eliminate OT for naturalist
(2,130)
RECYCLING PROGRAM FUND
Cut IT Technician position/reduce IT internal charges
(40)
AMBULANCE SERVICE FUND
Cut IT Technician position/reduce IT internal charges
(490)
Add firefighter/paramedic (0.63 FTE)
43,270
Cut paramedic coordinator
(95,640)
Add EMS director
129,290
INFORMATION TECHNOLOGY FUND (incl. above)
Cut IT Technician position (1.0 FTE)
(54,440)
TOTAL IMPACT ON TAX LEVY (535,210)
P:\EXCEL\BUDMISC\2007 BUDGET\2007 BUDGET REVISIONS
TAX LEVY FOR 2006-2007
PAEXCEL\BUDMISC\2007 BUDGET\07TAXESTF 11 -Sep -06
Proposed
2006
2007
Change
Levy
Levy
Amount
Percent
Operations:
General Fund $
10,738,190 $
10,630,720
($107,470)
-1.0%
Community Center Fund
$39,000
$483,650
$444,650
1140.1%
Recreation Programs Fund
$312,380
$284,910
($27,470)
-8.8%
Operations Total
$11,089,570
$11,399,280
$309,710
2.8%
Capital Improvements:
C.I.P. Fund
$0
$0
$0
N/A
Fire Truck Replacement Fund
$0
$0
$0
N/A
Park Development Fund
$0
$0
$0
N/A
Capital Improvements Total
$0
$0
$0
N/A
Debt Service:
Debt Service Fund
$3,016,800
$3,140,800
$124,000
4.1%
Totals -All Funds
$14,106,370
$14,540,080
$433,710
3.1%
Tax bevy to replace franchIse.. ax
$981;934.
$981,934
N/A,
Revised Totals
$14,106,370
$15,522,014
$1,415,644
10.0%
Tax levy to keep.tax cafe same as payable; 200E
$193,793
$193,793
N/A
Revised Totals
$14,106,370
$15,715,807
$1,609,437
11.4%
PAEXCEL\BUDMISC\2007 BUDGET\07TAXESTF 11 -Sep -06
ESTIMATED 2007 TAX INCREASE ON HOMES
PAYABLE
2006
2007
2007
2007
2006
CITY
CITY
CITY
CITY
HOME
TAXES
TAXES
TAXES
TAXES
VAULE
ACTUAL
ESTIMATE(a)
ESTIMATE(b)
ESTIMATE(c)
100,000
341
338
361
363
150,000
512
507
543
545
300,000
1,024
1,015
1,085
1,090
400,000
1,365
1,353
1,447
1,453
(a)Tax levy increase of 3.1 % less 4% due to tax base changes
(b)Tax levy increase of 10.0% less 4% due to tax base changes
(c)Tax levy increase of 11.4% less 4% due to tax base changes
(d)Median value home. The payable 2007 value is $220,100.
P:\FINANCE\EXCEL\BUDMISC\2007 BUDGET REVISIONS\TAX ON HOMES 07A
DATE: 11 -Sep -06