HomeMy WebLinkAbout03-27-20060
C.
11
E.
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, March 27, 2006
Council Chambers, City Hall
Meeting No. 06-09
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at the City Hall, and was
called to order at 7:00 P.M. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
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.
K5.
Mapletree Group Home
M2.
HRA — Appointments
M3.
Stargate
M4.
Joint Powers Dispatch
M5.
Liquor License Workshop
M6.
Councilmember Rossbach
M7.
Ramsey County League of
Local Government
M8.
Fire Relief Association
M9.
City Image
Seconded by Councilmember Cave
APPROVAL OF MINUTES
M10. Employee Handbook
M11. City Employee Tape
Ayes -All
Minutes from the March 13, 2006 City Council Meeting (Continued on March 16,
2006)
Councilmember Rossbach moved to approve the minutes from the March 13, 2006 City
Council Meeting, continued on March 16, 2006, as corrected.
Seconded by Mayor Longrie Ayes -All
2. Minutes from the March 14, 2006 Special City Council Meeting
Mayor Longrie moved to approve the minutes from the March 14, 2006 Special City
Council Meeting with additions.
Seconded by Councilmember Cave
Ayes -All
03-27-06 City Council Meeting
Recording Policy
M12.
Mayor's Forum
M13.
Announcement of
Congratulations
M14.
Responsibile Authority
M15.
Community Center Update
M16.
DARE Graduations
Ayes -All
Minutes from the March 13, 2006 City Council Meeting (Continued on March 16,
2006)
Councilmember Rossbach moved to approve the minutes from the March 13, 2006 City
Council Meeting, continued on March 16, 2006, as corrected.
Seconded by Mayor Longrie Ayes -All
2. Minutes from the March 14, 2006 Special City Council Meeting
Mayor Longrie moved to approve the minutes from the March 14, 2006 Special City
Council Meeting with additions.
Seconded by Councilmember Cave
Ayes -All
03-27-06 City Council Meeting
F. VISITOR PRESENTATIONS
1. Kim Schmidt, 1800 Phalen Place, as a member, reported on the Gladstone Task
Force.
2. Ron Cockriel, 943 Century Avenue, reminded residents that on March 30th, 6:30
p.m., at the Londin Lane Fire Hall, 2501 Londin Lane, a meeting will be held to
discuss the proposed development of the Fish Creek Area.
G. APPOINTMENTS/PRESENTATIONS
1. Trunk Highway 36 Reconstruction (White Bear to Century) — Presentation by
MnDOT on Project Planning Issues
a. Marc Goess, MnDOT, presented the report.
Mr. Goess explained the plans to rebuild Highway 36 in Maplewood and North St.
Paul and "Unweave the Weave" (694 and 35E). He also informed council that he will be
returning to council in the very near future for approval of a resolution of support.
H. CONSENT AGENDA
Mayor Longrie moved to adopt consent agenda items 1, and 4-6:
Seconded by Councilmember Juenemann
Ayes -All
Councilmember Juenemann moved to adopt
consent agenda item 2:
Seconded by Councilmember Hjelle
Ayes -All
Councilmember Rossbach moved to adopt consent agenda item 3:
Seconded by Councilmember Longrie
Ayes -All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 24,381.10 EFT # 69437 thru # 69438
dated 3/14/06
$ 311,955.43 Checks # 69439 thru # 69489
dated 3/14/06
$ 156,014.52 Disbursements via debits to checking account
dated 3/03/06 thru 3/09/06
$ 266,349.10 Checks # 69490 thru # 69535
dated 03/21/06
City Council Meeting 03-27-06 2
$ 299,765.94 Disbursements via debits to checking account
dated 03/10/06 thru 03/16/06
$ 1,058,466.09 Total Accounts Payable
I:•
Payroll Checks and Direct Deposits dated
$ 491,050.97 03/10/06
$ 2,284.75 Payroll Deduction check # 104516 thru # 104517
dated 03/10/06
$ 493,335.72 Total Payroll
$ 1,551,801.81 GRAND TOTAL
2. Parks and Recreation Commission Annual Report
Accepted the 2005 Parks and Recreation Commission Annual Report.
3. County Road D Extension, West of Highway 61 — City Project 02-08
a. Resolution for Modification of Existing Construction Contract, Change
Orders Nos. 5 -16
Adopted the following resolution approving the modification of the existing
construction contract Change Order Nos. 5 through 16 (T.A. Schifsky Contract) for
the County Road D West Improvement, (TH 61 to Walter Street), City Project 02-
08:
RESOLUTION 06-03-038
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 02-08, CHANGE ORDER Nos. 5 - 16
(T.A. Schifsky Contract)
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
made Improvement Project 02-08, County Road D Realignment (West) Improvements (TH
61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes,
Chapter 429, and
WHEREAS, the City Engineer has reported that it is now necessary and expedient
that said contract be modified and designated as Improvement Project 02-08, Change
Order No. 5-16, (T.A. Schifsky Contract), as an increase to said contract by an amount of
$142,544.98, such that the new contract amount is now and hereby established as
$866,868.91.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to
sign on behalf of the City of Maplewood to signify and show that the existing contract is
hereby modified through said Change Order No. 5-16 as a contract increase in the amount
City Council Meeting 03-27-06
of $142,544.98. The revised contract amount is $866,868.91.
No revisions to the project budget are proposed at this time, as these changes fall
within the revised project budget approved by the city council on December 12, 2005.
4. Kenwood Area Street Improvements, City Project 05-16, Resolution Approving
Application for Easement across State Land
Adopted the following resolution approving application for Easement across State
Land:
CITY OF MAPLEWOOD 06-03-039
RAMSEY COUNTY, MINNESOTA
RESOLUTION APPROVING APPLICATION FOR EASEMENT ACROSS STATE LAND
WHEREAS, the City of Maplewood wishes to obtain a ponding easement within
state land,
WHEREAS, the pond will be located within the corporate limits of Maplewood,
WHEREAS, the City of Maplewood will be granted a permanent ponding easement
for the purpose of ponding runoff pending the receipt of a Resolution Approving the
Application for Easement across State Land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA THAT:
The City of Maplewood approves the Application for Easement across State Land.
Adopted by the City Council of Maplewood this 27th day of March, 2006
5. Kenwood Area Street Improvements, City Project 05-16, Resolution Ordering
Assessment Hearing
Adopted the following resolution for the Gladstone North Area Street improvements,
Project 05-16 - Ordering the Assessment Hearing for 7:00 p.m., Monday, April 24tH
2006:
RESOLUTION 06-3-040
ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the city engineer have, at the direction of the council,
prepared an assessment roll for the Kenwood Area Street Improvements, City Project 05-
16, and the said assessment roll is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 24th day of April 2006, at the city hall at 7:00
p.m. to pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be heard
with reference to such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at least two weeks prior to
City Council Meeting 03-27-06
the hearing, and to mail notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the
general nature of the improvement the area to be assessed, that the proposed assessment
roll is on file with the clerk and city engineer and that written or oral objections will be
considered.
6. Council/Manager/Staff Retreat
Approved a Council/Manager/Management Staff retreat for Friday, April 28, 2006
from 8:30 to 4:00 p.m.
PUBLIC HEARINGS
8:10 p.m. Tax -Exempt Financing Request— Ecumen (Lakeview Commons -
1200 Lakewood Drive North)
a. City Manager Fursman presented the report.
b. Planner Roberts presented specifics from the report.
C. Mayor Longrie opened the public hearing, calling for proponents or opponents. The
following persons were heard:
None
d. Mayor Longrie closed the public hearing.
Councilmember Rossbach moved to adopt the following resolution giving host approval
for up to $9.0 million in tax-exempt revenue financing for Ecumen for use at the property at
1200 Lakewood Drive North:
RESOLUTION 06-03-041
GIVING HOST APPROVAL TO THE
ISSUANCE OF REVENUE REFUNDING BONDS
AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT
BE IT RESOLVED, by the City Council (the "Council") of the City of Maplewood, Ramsey
County, Minnesota (the "City") as follows:
1. General Recitals. Minnesota Statutes, Chapter 462C (the "Act") confers upon cities the power
to issue revenue bonds to finance and refinance multifamily housing developments.
2. Description of the Project.
(a) A Minnesota limited liability company to be formed with Ecumen, a Minnesota nonprofit
corporation, as its sole member (the "Borrower") has proposed the issuance of revenue Bonds under
the Act, in one or more series, in an amount not to exceed $9,000,000 (the "Bonds") by the City of
Pine City, Minnesota (the "Issuer") to finance the costs of a project (the "Project") consisting of the
refunding in advance of maturity of the City's $11,830,000 Elder Care Facility Revenue Bonds (Care
Institute, Inc. - Maplewood Project) Series 1994 issued to finance the acquisition, construction and
equipping of a 100 -unit senior multifamily rental housing development located in the City of
Maplewood. The Borrower will own and operate the Project.
3. Joint Powers Agreement. In connection with the issuance of the Bonds it is proposed that a
Joint Powers Agreement be entered into by and among the City of Pine City, Minnesota and the City,
City Council Meeting 03-27-06
pursuant to Minnesota Statutes, Sections 471.59 and 471.656 (the "Joint Powers Agreement"). The
Joint Powers Agreement is hereby approved in substantially the form now on file with the City; and the
Mayor and City Clerk are authorized to execute the same in the name of and on behalf of the City. In
the event of the disability or the resignation or other absence of the Mayor or City Clerk of the City,
such other officers of the City who may act in their behalf shall without further act or authorization of
the City do all things and execute all instruments and documents required to be done or to be
executed by such absent or disabled officials. The approval hereby given to the Joint Powers
Agreement includes approval of such additional details therein as may be necessary and appropriate
and such modifications thereof, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by the City officials authorized herein to execute the Joint Powers
Agreement before its execution; and said City officials are hereby authorized to approve said changes
on behalf of the City.
4. Recital of Representations Made by the Borrower.
(a) The Borrower has agreed to pay any and all costs incurred by the City in connection
with the issuance of the Bonds, whether or not such issuance is carried to completion.
(b) The Borrower has represented to the City that no public official of the City has either a
direct or an indirect financial interest in the Project nor will any public official either directly or indirectly
benefit financially from the Project.
5. Public Hearina.
(a) Section 147(f) of the Internal Revenue Code, as amended (the "Code"), requires that
each governmental unit in which Facilities to be financed by the Bonds are located must approve the
issuance of the Bonds following a public hearing.
(b) A public hearing on the issuance of the Bonds was held by the City on the date hereof.
6. Host Approval. The City hereby gives the host approval required under the Internal Revenue
Code to the issuance of the Bonds.
JOINT POWERS AGREEMENT
This Joint Powers Agreement, dated as of , 2006 (the "Agreement"), is made by
and between the CITY OF PINE CITY, MINNESOTA ("Pine City") and the CITY OF
MAPLEWOOD, MINNESOTA ("Maplewood").
RECITALS
WHEREAS, each of Pine City and Maplewood is a municipal corporation and a "municipality" as
defined in Minnesota Statutes, Sections 469.152 to 469.1651 (the "Industrial Development Act"),
with the power thereunder to issue bonds and loan the proceeds thereof for certain projects; and
WHEREAS, Minnesota Statutes, Section 471.59 and 471.656, as amended (collectively, the
"Joint Powers Act"), provides that two or more governmental units, by agreement entered into
through action of their governing bodies, may jointly or cooperatively exercise any power common
to the contracting parties or any similar powers, and that the agreement may provide for the
exercise of such powers by one or more of the participating governmental units on behalf of the
other participating units; and
WHEREAS, A Minnesota limited liability company to be formed with Ecumen, a Minnesota
nonprofit corporation, as its sole member (the "Borrower") has requested Pine City to issue its
Senior Housing Revenue Refunding Bonds, (Lakeview Commons Project) Series 2006 in an
amount not to exceed $9,000,000 (the "Bonds"), on behalf of itself and Maplewood, and to loan
the proceeds of the Bonds to the Borrower so that the Borrower may finance a project consisting
City Council Meeting 03-27-06
of the refunding in advance of maturity certain tax exempt bonds of Maplewood issued to finance
the acquisition, construction and equipping of a 100 -unit senior multifamily rental housing
development located at 1200 Lakewood Drive North in Maplewood (the "Project"); and
WHEREAS, the governing bodies of Pine City and Maplewood have authorized the execution
and delivery of this Agreement and consented to the issuance of the Bonds as contemplated
herein;
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. In order to finance the Project, Pine City shall issue the Bonds pursuant to the Joint
Powers Act, the Industrial Development Act, and the terms of a bond resolution (the "Bond
Resolution") adopted by Pine City on April 5, 2006. The proceeds of the Bonds will be loaned to the
Borrower pursuant to a financing agreement, and the Borrower will apply such proceeds to payment of
costs of the Project.
2. The liability of Pine City and Maplewood with respect to the Bonds shall be limited as
provided in the Industrial Development Act and the Bond Resolution. Except to the extent specifically
provided herein, Pine City and Maplewood shall not incur any obligations or liabilities to each other
because of the issuance of the Bonds or the use of the Project by the Borrower. The Bonds shall be a
special, limited obligation of Pine City payable solely from proceeds, revenues and other amounts
pledged thereto and more fully described in the Bond Resolution. The Bonds and the interest thereon
shall neither constitute nor give rise to a pecuniary liability, general or moral obligation or a pledge of
the full faith and credit of Pine City, Maplewood, the State of Minnesota, or any political subdivision of
the above, within the meaning of any constitutional or statutory provisions.
3. All costs incurred by Pine City and Maplewood in the authorization, execution, delivery
and performance of this Agreement shall be paid by the Borrower out of proceeds of the Bonds or
other funds legally available to the Borrower.
4. Any property acquired because of this Agreement shall be and remain the property of
Pine City, to be disposed of pursuant to the terms of the loan agreement and the Bond Resolution.
Any surplus moneys remaining after the purpose of this Agreement has been completed, unless
otherwise provided for in the agreements related to the Bonds shall belong to Pine City.
5. This Agreement may not be terminated by any party so long as any portion of the
Bonds is outstanding.
6. This Agreement may be amended by Pine City and Maplewood at any time. No
amendment may impair the rights of the holders of the Bonds, unless they have consented to such
amendment in the manner provided for an amendment of the Indenture.
7. This Agreement may be executed in several counterparts, each of which shall be
regarded as an original and all of which shall constitute but one and the same Agreement.
IN WITNESS WHEREOF, duly authorized officers of the CITY OF PINE CITY, MINNESOTA and the CITY
OF MAPLEWOOD, MINNESOTA, have executed this Agreement as of the date set forth above.
Seconded by Councilmember Juenemann Ayes -All
J. AWARD OF BIDS
None
K. UNFINISHED BUSINESS
1. TH 5 and TH 120 Property Owned by MnDOT — City Project 03-20 — Review Finding of
Public Purpose for Wetland Restoration Process
City Council Meeting 03-27-06
a. City Manager Fursman presented the report.
b. Public Works Director AN presented specifics from the report.
Councilmember Rossbach directed staff to investigate a coalition of uses for the TH 5 and TH
120 excess MnDOT property generally in alignment with the presentations from Marsh 212 and
Hill Murray for use of the property, although it shall be stressed that Maplewood's top
Priority for the site is the restoration of the wetland complex as the overriding public purpose.
Councilmember Hielle added a friendly amendment directing Public Works Director AN to make
a decision and use prudence on the maximum staff hours dedicated to this project, for council to
readdress in two months, to ensure the hours do not become excessive.
Seconded by Councilmember Juenemann Ayes -All
2. Reduced Front Yard Setback Appeal (2413 Linwood Avenue)
a. City Manager Fursman presented the report.
b. Planner Roberts presented specifics from the report.
Mr. Roberts explained the preliminary grading and drainage plan has been adjusted to change
the shape of the pond, and move the structure further back and away from the neighbors on the
east. With this change the reduced front yard setback request is not needed because it meets
city code requirements and the appealing party concerns. In order for Mr. Clendenen, the
owner, to obtain a building permit for this house the City Council must approve the vacation of
the existing drainage and utility easement and the relocation of a new easement for the
relocated infiltration basin. Mr. Clendenen will be submitting a vacation request for City Council
review once a new survey is drafted.
3. Predatory Offender Ordinance — Draft/First Reading
a. City Manager Fursman presented the report.
b. REAL Director Guilfoile presented specifics from the report
C. Deputy Police Chief Banick and Assistant City Attorney Oliver presented further details
from the report.
Councilmember Cave proposed an educational piece be added to the ordinance that provides
materials to schools, libraries, and daycare centers to raise awareness of predatory offenders
and offences.
Mayor Longrie moved to not proceed with the first reading of the ordinance and that it not be
brought back to council for further consideration.
Motion died for lack of a second.
Councilmember Cave moved to table the first reading of the ordinance and that it be brought
back to the April 10th Council Meeting for further consideration after council has had time to
review the materials that have been submitted and additional questions have been answered.
Seconded by Councilmember Hjelle Ayes -All
Councilmember Juenemann asked Deputy Chief Banick to research "had this ordinance been
in place, would it have assisted prosecution or avoidance of past incidents?"
City Council Meeting 03-27-06
Councilmember Cave asked Deputy Chief Banick to research the number of level two sexual
offenders that have offended anyone 16 years of age or under.
4. Code Amendment — Nonconforming Uses (Second Reading)
a. City Manager Fursman presented the report.
b. Planner Roberts presented specifics from the report.
Councilmember Rossbach moved to adopt the following ordinance code amendment, changing the
zoning definitions and nonconforming use ordinance (Section 44-6 and 44-12) to make them consistent
with Minnesota Statute, Section 462.357, Subdivision 1(e):
ORDINANCE NO. 867
AN ORDINANCE AMENDING THE NONCONFORMING BUILDINGS OR USES SECTION
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances
Section 1. This amendment revises Section 44-6 (Zoning Code Definitions) (additions are underlined
and deletions are stricken):
Market Value is the taxable market value as determined by the Ramsev Countv Assessor's office.
Section 2. This amendment revises Section 44-12(c) (Nonconforming Buildings or Uses) (additions
are underlined and deletions are stricken):
PheRE)FneRGR eF legally GGRGIeFnRed may be FerVeRstri ir-ted ;;Ad , ised for the same AAAr_AAfQrmiAg 616e,
;N -AS ` R-Str0yed OF nnn`Jomno`J -;;Ad- Shall ho G.R. ;.Yith.0 1t iRteFF 1Ptinn
If a nonconforming building, structure or use is destroyed by fire or other peril to the extent of
greater than fifty (50) percent of its market value and no building permit has been applied for within one
hundred and eighty (180) days from the date the building, structure, or use was damaged, subsequent
use of such building or land shall be in conformity with this chapter. The city may impose reasonable
conditions upon a building permit sought in order to maintain a damaged nonconforming building,
structure, or use in order to mitigate any newly created impact upon adjacent property.
Section 3. This ordinance shall take effect after the city publishes it in the official newspaper.
The City Council approved this ordinance on March 27, 2006.
Seconded by Councilmember Hjelle Ayes -All
5. Mapletree Group Home
a. Councilmember Cave moved to set a public hearing for April 24, 2006 to review the provisions
of the conditional use permit for the Mapletree Group Home. Mayor Longrie added a friendly
amended specifying that the Public Hearing is being called for review of the CUP because
condition #5 regarding the number of criminal offenses is not in compliance.
b. Planner Roberts read condition 5 into the record:
The city council shall review this permit in one year or immediately thereafter if there are two
criminal offenses related to the facility or its residents.
City Council Meeting 03-27-06
C. The following person was heard:
Richard McCain, 1825 Radatz, confirmed with council that all nearby residents would be notified
of the public hearing.
Seconded by Councilmember Rossbach Ayes -All
L. NEW BUSINESS
Menards — 2280 Maplewood Drive
a. Conditional Use Permit Revision
b. Parking Reduction Authorization
C. Design Approval
a. City Manager Fursman presented the report.
b. Planner Roberts presented specifics from the report.
C. Rob Geske, the Real Estate Associate managing the project for Menard's, was present for
council questions.
d. Commissioner Grover provided the Planning Commission report.
e. Boardmember Schurke presented the Design Review Board report.
Councilmember Rossbach moved to adopt the following resolution approving a conditional use permit
revision for Menards at 2280 Maplewood Drive to add a 16,505 Square -foot garden center to the
existing store:
CONDITIONAL USE PERMIT REVISION RESOLUTION 06-03-042
WHEREAS, Robert Geske, of Menards, Inc. is proposing changes to a site with an existing conditional use
permit to build a 16,105 -square -foot garden center addition on the south side of the building at 2280
Maplewood Drive. The legal description is:
SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N OF
CO RD B & PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD
EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 & 16 & EX E 255
FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF
BLK 10 (PIN 09-29-22-43-0042)
WHEREAS, the history of this conditional use permit revision is as follows:
1. On February 6, 2006, 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
persons at the hearing a chance to speak and present written statements. The commission also
considered reports and recommendations of the city staff. The planning commission recommended that
the city council approve the conditional use permit revision.
2. On March 27, 2006, the city council discussed the proposed conditional use permit revision. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use
permit revision, because:
City Council Meeting 03-27-06 10
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.
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):
1. Adherence to the site plan date-stamped March 8, 2006 . The director of community
development may approve minor changes.
2. Compliance with the following screening -fence requirements:
a. The property owner shall continue to have and keep, in a maintained condition, wooden screening
fences as follows:
(1) The eight -foot -tall screening fence west of 1071 County Road B and running east -west behind
1071, 1081 and part of 1101 County Road B shall remain.
(2) All other screening fences that abut the residential lots shall be 14 feet tall.
(3) All screening fences shall be constructed of vertical boards of the same dimension, color and
material.
b. No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B,
shall extend above the 14 -foot -tall fence.
c. No more than 2 %2 feet of the 17 %2 -foot -tall interior storage racks shall be visible from the homes to
the south that are at street level along County Road B. This excludes those houses that sit higher
on a hill.
d. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over
the height of the fence.
3. Hours of operation in the storage yard and garden center shall be limited to 7 a.m. to 10 p.m.
4. An exterior public address system shall not be allowed.
City Council Meeting 03-27-06 11
5. All lighting in the storage yard that is not needed for site security shall be turned off after business
hours.
6. The city council shall review this permit revision in one year. ;f +ho .-~„-peso,! tam! sn
nnr,vt bequ,T
7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff
problems on residential property.
8. Menards shall store all their materials within the fenced storage area.
9. Sanitation facilities shall be provided by Menards for the employees.
10. 4� The proposed building addition and site work must be substantially started within one year of
council approval or the permit shall become null and void. The council may extend this deadline for
one year.
11. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange
with the fire marshal for access through the gate behind the building in the case of emergencies.
Seconded by Mayor Longrie Ayes -All
Councilmember Rossbach moved to approve a parking -reduction authorization for Menards at 2280
Maplewood Drive to have 50 spaces fewer 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 and have employees or others provide traffic control and direction assistance in the parking
lot on all busy shopping days.
Seconded by Councilmember Cave Ayes -All
Councilmember Rossbach moved to approve the site plan date-stamped March 8, 2006, and the
building elevations date-stamped March 8, 2006, for the 16,105 -square -foot garden center addition to
Menards at 2280 Maplewood Drive. Approval is subject to the following conditions:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Before getting a building permit, the applicant shall:
a. Submit grading, drainage, utility and erosion control plans to the city engineering department for
approval. The city engineering department should review the plans for the possibility of Menards
implementing some or additional types of best management practices (including rainwater gardens)
to help treat storm water on the site.
b. Revise the site plans for staff approval to provide enough handicap -accessible parking spaces
to comply with ADA (Americans with Disabilities Act) requirements.
City Council Meeting 03-27-06 12
c. Submit for staff approval, consistent elevations and site plans that correlate to each other,
based on the plans date-stamped March 8, 2006. The plans date-stamped January 17, 2006, and
elevations date-stamped February 6, 2006, are inconsistent and difficult to read.
d. Submit a revised wrought -iron fence elevation showing that the proposed decorative lights have
been removed from the fence.
e. Submit a revised landscaping plan showing the following:
(1) All existing landscaping on the north side of the building. This plan should reflect all
landscape materials that are healthy, in poor health, or dead. The purpose of this plan is to ensure
that all landscaping required previously by the city in this location has been planted and is healthy
and thriving.
(2) The implementation of landscaping in front of or near the new garden center. If landscaping
in this area is not feasible, work with staff to implement additional landscaping throughout the site.
(3) At least one rainwater garden to help treat the storm water from the site.
f. Submit to city staff a cash escrow or an irrevocable letter of credit for all required exterior
improvements. The amount shall be 150 percent of the cost of the work.
3. The applicant shall complete the following before occupying the building addition:
a. Menards shall provide a gate and clear access to the sanitary sewer manhole on the site as part
of this request.
b. Paint any new rooftop mechanical equipment to match the building color if the units are visible.
(code requirement)
c. The city waives the trash-dumpster screening requirement unless the dumpsters would be
visible to the public. If Menards wants to keep their dumpsters outside, then they shall provide an
enclosure for them using the same materials and color as the building.
d. Provide site -security lighting as required by the code. The light source, including the lens
covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors.
e. Meet all the requirements of the fire marshal including:
(1) Keeping the perimeter of the building accessible for fire emergencies. The applicant should
arrange with the fire marshal for access through the gate behind the building in the case of
emergencies.
(2) Installing a monitored fire protection system.
(3) Providing a floor plan of the store and a fire department lock box at the main entrance.
f. Verify that all existing required landscaping is healthy and growing, and replace the landscaping
if it is not healthy and growing. Plant all other landscaping required with this approval.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The above -required letter of credit or cash escrow is held by the city for all required exterior
City Council Meeting 03-27-06 13
improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of
the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the
building is occupied in the spring or summer.
5. All work shall follow the approved plans. The director of community development may approve
minor changes.
6. Signs are not part of this approval. The applicant shall submit any requests for new or revised
signs to staff for sign permits.
Seconded by Mayor Longrie Ayes -All
2. 1/1 Reduction Program @ 3M — City Project 06-02 — Initiate Project and Authorize
Project Funding
a. City Manager Fursman presented the report.
b. Public Works Director Ahl presented specifics from the report.
Councilmember Juenemann authorized a transfer of $100,000 from the Sanitary Sewer Fund to a
project fund and directed and authorized the Director of Public Works to negotiate a work scope with
SEH Engineers, Inc. not to exceed $100,000 for investigation of Infiltration and inflow in and around the
3M campus.
Seconded by Councilmember Rossbach Ayes -All
3. Gladstone Redevelopment Initiative — City Project 04-21 — Approve Resolution Calling
Special Meeting for April 18, 2006 to Review Alternatives
a. City Manager Fursman presented the report.
b. Public Works Director Ahl presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution calling a special meeting of the
council and conduct a public hearina for April 18. 2006. at 7:00 o.m. on the Gladstone Redevelopment
Initiative:
RESOLUTION 06-03-043
CALLING FOR PUBLIC HEARING
WHEREAS, the Maplewood City Council has authorized hiring of a consultant as a Master
Planner to direct the preparation of a Master Plan for the Redevelopment of the Gladstone Area of
Maplewood, and
WHEREAS, the Maplewood City Council has authorized a second option of reduced density
and expenditure to be explored and analyzed, and
WHEREAS, the Council has previously authorized the preparation of an Alternative Urban
Areawide Review to analyze the environmental impacts of the proposed redevelopment alternatives, an
WHEREAS, said proposals require extensive public review and comment, and
WHEREAS, the Council desires to hear all relative comment on the proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
City Council Meeting 03-27-06 14
M.
1. The council will consider presentations from the Master Planning consultant and
representatives from the various committees and commissions, along with the Gladstone Task Force
who have reviewed both alternatives for redevelopment.
2. A public hearing shall be held on such proposed proposals on the 18th day of April
2006, in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published
notice of such hearing and improvement as required.
Seconded by Councilmember Hjelle
Ayes -All
Councilmember Juenemann moved to extend the meeting until midnight.
Seconded by Mayor Longrie Ayes -All
4. City Manager Purchasing Authority — Draft/First Reading
a. Mayor Longrie presented the report.
Mayor Longrie moved to adopt the first reading of the City Manger Purchasing Authority. The dollar
figure will be decided upon after staff provides further information regarding the procedural impact of
setting this figure at $5,000. Staff was also directed to provide the population and budget of the other
Plan B cities used in the purchasing authority figure comparison.
Seconded by Councilmember Juenemann Ayes -All
5. Council Appointments
a. City Manager Fursman presented the report.
b. REAL Director Guilfoile presented specifics from the report.
Councilmember Rossbach moved to approve appoint Councilmember Cave to the Joint Ice Arena
Board, and to serve as the council liaison to the Housing Redevelopment Authority and the Park &
Recreation Commission.
Seconded by Mayor Longrie
COUNCIL PRESENTATIONS
South Maplewood — Council Meeting(s)
Ayes -Mayor Longrie, Councilmembers
Hjelle, Juenemann and Rossbach
Abstain-Councilmember Cave
Councilmember Cave requested a schedule be set to hold occasional council meetings in
southern Maplewood. Staff will check on the availability of Carver Elementary School for the
June 12th or the June 26th Council Meeting.
2. Housing and Redevelopment Authority
Councilmember and HRA Liaison Cave confirmed with staff that reappointments need to
be addressed for the Housing and Redevelopment Authority members.
3. Stargate Nightclub
Mayor and Council discussed an email received by council regarding ongoing issues at
City Council Meeting 03-27-06 15
Stargate Nightclub. A future discussion (possible meeting) will be held to address specific
concerns.
4. Joint Powers Board
Tabled to the April 10th City Council Meeting.
5. Liquor License
Councilmember Cave confirmed with City Manager Fursman and REaL Director Guilfoile that all
Liquor License holders will be invited to the April 24th workshop discussing proposed
revisions to the Liquor License Ordinance.
6. Mr. Rossbach
Councilmember Rossbach stated Margaret Ann Behrens filed an unfair campaign practices
complaint against him with the Office of Administrative Hearings. The complaints included a
purported misleading mailing implying Mr. Rossbach was already the mayor, and one asking his
supporters to support candidate Dale Trippler. Councilmember Rossbach reported all
complaints had been dismissed due to not surviving the prima fascia review by the
Administrative Hearing Board.
7. Ramsey County League of Local Governments
A RCLLG "brainstorming" meeting will be held Thursday, March 30th from 5-7 p.m. at City Hall
in the Maplewood Room.
8. Fire Relief Association
Councilmember Hjelle suggested that Finance Director Faust, as the staff liaison, attended
Fire Relief Association Meetings.
9. City Image
Councilmember Hjelle requested a workshop to discuss the city's relationship with neighboring
cities.
10. Employee Handbook
Councilmember Hjelle questioned why an old policy was not removed from the Employee
Handbook when the new updated (and contradicting) policy was added?
11. Tape Recording Policy
Councilmember Hjelle read the Tape Recording Policy from the Personnel Policies Handbook
into the record to ensure staff comprehension of and adherence to the policy.
12. Mayor's Forum
The next Mayor's Forum is Saturday, April 1St from 10:00 am until noon in the Maplewood
Room.
13 Congratulations
City Council Meeting 03-27-06 16
Mayor Longrie congratulated firefighter John Melander on his reinstatement as District Fire
Chief.
14. Responsible Authority
Tabled to the April 10th City Council meeting.
15. Community Center Update
Tabled to the April 10th City Council meeting.
16. D.A. R.E. (Drug Abuse Resistance Education) Graduations
Mayor Longrie shared the gratification of speaking at five Maplewood D.A. R. E.
Graduations. She explained each class announced a winning essay winner and those essays
were made into a plaque and are on display at the Maplewood Community Center.
N. ADMINISTRATIVE PRESENTATIONS
Monday, April 3, 2006 a Class B Form of Government/Democratic Governance workshop will be
held from 5 to 7 p.m. in Council Chambers.
2. A Council/Manager/Staff Retreat will be held on April 28, 2006 at the Best Western in
Maplewood. Further details will be posted on the city website and announced at future council
meetings.
O. ADJOURNMENT
Mayor Longrie adjourned the meeting at 11:50 p.m.
City Council Meeting 03-27-06 17
CITY COUNCIL TEAM DEVELOPMENT
Magellan
PROJECT PLAN
Executive Resources, Inc. City of Maplewood
Purpose
The purpose of this project is to strengthen the working relationships among the
members Maplewood's City Council and between the Senior Leadership Group by
improving communication, collaboration, and effectiveness.
Objectives
1. Determine the exact nature and extent of the City's highest priority needs, define
project process and outcomes, and identify factors that may facilitate and/or impede
project success.
2. Implement the team development process in a manner that strengthens trust and
collaboration, identifies a set of shared goals, supports a cohesive, high -performing
City Council, while building stronger bridges to the City's leadership staff.
3. Conduct follow up goal attainment monitoring activities.
Process
1.0 Ground Working
2.0 Conduct structured interviews with each Council member to identify issues,
concerns, and desired outcomes associated with this development initiative.
2.1 Create an Executive Summary of impressions and recommendations and review
with the group.
2.2 Develop the agenda for a full-day offsite retreat based on themes identified
during the assessment process.
Magellan Executive Resources - Overview
Page 1 of 1
O
Ve1eMagellan Executive Resources. Inc. keeps individuals; teams, and organizations well ec
and on course to help them reach their desired destinations. Its highly trained and expel
professional crew of consultants work with a wide variety of clients across all industries.
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wind, but i,ve cern crdjrisi Magellan Executive Resources delivers service within four areas of expertise.
the sails. „
ExecutiveDevelopment: Promoting Strong and Resilient readers
-Anonymous • Executive Coaching
® LeaderServeT"' Developing Servant Leaders
• Succession Planning
® Solving Problem Behavior
Change Management: Creatine Innovative and Effective Organizations
• ChangeMapping 11�'
• Organization Development
• Integrating Cultures
Specialized draining
Team development= Establishing Cohesive and Productive work Groups
• Conflict Resolution
• Talent Management
Team Building
° Group f=acilitation
Crisis Management: Maintaining Safe and Stable Work Environments
Founders Jeff Pauley ° Situational Assessment
and Dr. Jarnes Sipe ° Crisis Intervention
• Critical Incident Stress Debriefing
• Crisis Response Protocols
All of the services provided by Magellan Executive Resources are tailored to the particu
culture, circumstances, and business imperatives of each client.
http://magellaner.com/overview.html 3/29/2006
Magellan Executive Resources - Crew Member Biographies
Page 1 of 3
Crew Member Magellan Executive resources' professional crew represents a broad range of industry
Biographies experience and expertise. While most crew members hold advanced degrees, they are n(
tower theorists. Fhey bring to clients a wealth of real-world business experience, a keen
understanding of human behavior, and a proven ability to achieve bottom-line results.
"A woorh sea never
made a skillftd marine)-, Magellan Executive Resources carefully matches its crew members with the specific nee(
each client they serve. Working solo or as part of an integrated crew, its consultants deliv
t:.nglish Proverb services at the organization, team, and individual level.
Jaynes Sipe, PhD, LP - President
Senior Consulting Psychologist
Dr. James Sipe is a nationally recognized psychologist, facilitator, and executive coach w
25 years of experience in consulting, training, and counseling. Fie has created a variety o
educational materials and conducted numerous consultations and training events natiomA
Magellan Executive resources, Vice President and Senior Consulting Psychologist; Dr.
advises corporate clients on conflict and crisis management, team development, change
management and leadership/organization development projects.
James has a Masters Degree in public health and a PhD in psychology, both from the Un
of Minnesota. I -le holds a license in psychology and marriage & family therapy, and has s
the adjunct faculties of the University of Minnesota School of Public Health, and the Univ(
St. -t homas, Human resource Development Department.
Jacque Bieber, PhD
Corporate Performance Consultant
Dr. Jacque Bieber has over 20 years experience in training and development, perforrr)an(
management, culture change, and executive level business coaching. She has worked w
individuals from a wide range of industries to develop and implement advanced technoloc
measure and improve human performance.
Jacque received her B.A. in English and M.A. in Wellness/Behavior Change from the Unii
Iowa and herr PhD in Education from the University of Minnesota. She has taught gradual
coursework at the University of Minnesota, University of St. Thomas and Capella On -Line
University. I ler special interests include research in health care, working with high-tech in
business development, and E. -Learning.
Anne Hunter, MBA
Marketing Consultant
Anne Hunter is a strategic planner, marketing executive, and former journalist with broad
expertise in strategic marketing, branding, advertising, media, community relations, and r,
Over the spar) of 20 years of business consulting, she's worked with clients in profession,
services, health care, technology, manufacturing, education, hospitality, and arts and
entertainment. Prior to her association with Magellan Executive Resources, Anne held in,
management posts at the St. Paul Charnber Orchestra, Minnesota Orchestra; Valleyfair
Amusement Park, and convention and visitors bureaus in two states.
Ms. Hunter received her MBA in marketing from the University of St. Thomas; and her BA
http://magellaner.com/crew.html 3/29/2006
Magellan Executive Resources - Crew Member Biographies
Page 2 of 3
Albion College in Michigan, where she later served on the Board of Trustees. She current
teaches marketing and nonprofit management at Gustavus College in St. Peter, Minneso
Cion Frick, M.Div.
Servant Leadership & Communications consultant
Don t=rick is author of Robert K. Greenleaf: A Life of Servant Leadership, the only authori.
biography of the man who first defined servant leadership and wrote extensively of its poi
implications. Don, a former associate of the Greenleaf Center in Indianapolis; speaks free
about servant -led organizations and uses his wide-ranging studies to teach, write and cor
the application of servant leadership. He is also an award-winning writer and producer of
radio, video and other conu-r7unications projects for clients ranging from Fortune 500 Com',
The History Channel. His work appears in the Museum of Radio and Television Broadcas
Don holds a B.S. in Education from Eastern Illinois University, a Master of Divinity from C
Theological Seminary in Indianapolis, with additional studies at the University of Edinburc
Currently, he is a candidate for a Ph.D. in Leadership and Organizational Studies from Tr
Institute and University in Cincinnati.
Lynn diary, MA, L
Consulting Psychologist
I._ynn Hardy is a licensed psychologist and crisis consultant with 15 years of experience it
practice of workplace consulting and psychotherapy. She specializes in Critical Incident c
Management (CISM), executive coaching, employee assessment. conflict resolution, and
mediation. Lynn also maintains a special interest in wellness and life balance. She has cc
numerous work -life seminars for executives and managers nationwide.
Ms. Hardy holds a BA in psychology from Bethel College, with an emphasis in addiction
recovery. She also holds an MA from St. Marys University in counseling psychology.
Don Keysser, MBA, MA
Business Finance Consultant
Don Keysser is a certified business finance consultant with over 20 years of experience it
business finance, investment banking, and economic development. He background incluc
positions as a Chief f=inancial Officer, Senior Banker, Senior Managing Underwriter. and
Planner for both private and public sectors organizations.
Mr. Keysser holds an MESA in finance from the University of Minnesota Carlson School of
Management, an MA in public administration/planning from the University of Minnesota H
Institute of Public Affairs, and a BA in political science frorn Ohio State University. He alsc
Series i and a Series 63 license.
Roland Sullivan, MOD
Organization Development Consultant
Noland Sullivan has been a full time organization change consultant since the mid -1960`s
worked with over 1000 organizations in fourteen countries and virtually every major indus
Richard Beckhard, his late mentor and friend recognized him to be arnong the "world"s fir:
change agents." Mr. Sullivan specializes in the science and art of systernatic and systemi
change, executive team building, and facilitating Whole System Transformation Surnmits-
interactive meetings with 300-1500 people that increase performance at all levels.
Mr. Sullivan has a Masters of Organization Development (MOD) and PhD studies in Orga
Change from major universities and has taught at seven universities. He has edited doze.
books on the topics of leadership and organization change.
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Magellan Executive Resources - Crew Member Biographies
Page 3 of 3
Thomas Felling
Executive Search Consultant
Tom Felling has an outstanding track record assisting companies achieve greater succes
through their most important resource — qualified people. As an Executive Search Consul
has achieved an impressive 97.5% hit rate in finding the best talent for client companies.
the United States to Hong Kong and Europe, Tom has cultivated an extensive network in
variety of industries {e.g., manufacturing, high-tech, medical devices. bioscience, finance;
brings to each and every search a level of passion and professionalism unmatched in the
industry.
Tom received a BA in German from the University of Minnesota and a BS in Chemistry frs
Bemidji State University. He speaks regularly at various business and educational forumu
topic of employment and talent management
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Magellan Executive Resources - Clients
Page 1 of 2
Executive
" ff"e are tirhal ire
rel.?eatecllr' do. Txcellence
thea, is not ail oct. but a
habit. "
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The professional crew members of Magellan EXeCUtiVe [Resources have a wealth of rea
business experience serving individuals, work groups and organizations. Their clients rz
start-ups, to small fancily -owned businesses, to Fortune 500 companies nationwide. Mao
Executive; Resources crew also consults with nonprofit organizations and government a
Clients are as diverse as the issues they face — from the financial services industry to IT
care: from manufacturing to retail, from hospitality to transportation.
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http://magellaner.com/clients.html 3/29/2006
Magellan Executive Resources - Clients
Page 2 of 2
experienced increased trust, more frequent and frank communication, better collaboratif
more direct and constructive conflict resolution. In other words, I believe that we are nov
more effective management tearn and that each executive team member is a better lea(
his/her own department."
-Kevin Brueggeman, chairman
Experior
"During some unusually stressful times in our business we have turned to Magellan Exe
Resources, who has always performed miracles for us."
-Marc Kalman, VP/General Manager
Hubbard Broadcast. KS -95
,:The fact is, sometimes the courtroom is not the best alternative. That's why the folks at
Executive Resources are on my speed dial."
Karl Carnbronne, Partner
Chestnut & Cambronne Law Firm
`l am writing to let you know how impressed my firm was with Dr, James Sipes present<
"Change is Inevitable; Growth is Optional" at our October, 2003, Leadership Breakfast 4
.Marshall Besikof, Managing Partner
Lurie Besifor Lapidus & Company
I he Allied Executives workshop that you gave on communication; anger, and conflict
management was a huge success. Thank you for doing such a terrific job. I look forwar(
you in the future for some strategic planning, executive coaching, and teambuilding.'
..John Paten, Founder & CEO
Allied Executives
":Through a series of off-site partnership meetings extending over a three -plus year peri(
Magellan [Executive [Resources] has helped form our organization into a cohesive unit v
sense of true purpose and direction. This has allowed our business to be successful in <
difficult economic and financial market environment."
-Robeil W. Edgar, CEO
Northwinds Marketing Group, LLC
I want you to know that you have made a difference in our leadership tearn that is now
methodically filtered and implemented throughout the organization."
-Laurie Ahrens: city Manager
City of Plymouth
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