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Home My WebLink About01-23-2006A C. 711 E MINUTES MAPLEWOOD CITY COUNCIL 7:02 P.M. Monday, January 23, 2006 Council Chambers, City Hall Meeting No. 06-02 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 7:02 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present David Bartol, 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. M1. Emergency Management Seminar M2. Processing of Staff Reports by Council M3. Report on the South Leg Meeting/Trash and Recycling Seconded by Councilmember Juenemann Ayes -All APPROVAL OF MINUTES 1. Re -vote on the Approval of Minutes from the December 12, 2005 City Council Meeting CouncilmemberJuenemann moved to Council Meeting. Seconded by Councilmember Rossbach rove the minutes from the December 12. 2005 C Ayes-Councilmembers Bartol, Juenemann, and Rossbach Abstain -Mayor Longrie and Councilmember Hjelle 2. Minutes from the January 09, 2006 Council/Manager Workshop Councilmember Juenemann moved to approve the minutes from the January 09, 2006 City Council/Manager Workshop. Seconded by Councilmember Rossbach Ayes -All City Council Meeting 01-23-06 F. G. 3. Minutes from the January 09, 2006 City Council Meeting Mayor Longrie moved to approve the minutes from the December 12, 2005 City Council Meeting as amended. Seconded by Councilmember Bartol Ayes -All VISITOR PRESENTATIONS Mayor Longrie announced that the agenda item regarding the development on Jessie and Ripley has been postponed to another date. The following person was heard: Judith Johannessen, 1619 Woodlyn Avenue, Maplewood, after stating she wished to speak on Unfinished Business Item K1: Campaign Policy was asked to speak when K1 was discussed on the agenda. APPOINTMENTS/PRESENTATIONS Resolution of Appreciation — Diana Longrie a. City Manager Fursman presented Mayor Longrie a resolution of appreciation for her service on the Maplewood Community Design Review Board. Councilmember Rossbach moved to adopt the following resolution of appreciation for Mayor Longrie for her years of service on the Maplewood Planning Commission: RESOLUTION 06-01-012 RESOLUTION OF APPRECIATION WHEREAS, Diana Longrie has been a member of the Maplewood Community Design Review Board for three years and six months, since May 28, 2002 and has served faithfully in that capacity; and WHEREAS, the Community Design Review Board has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Longrie has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Longrie has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Diana Longrie is hereby extended our gratitude and appreciation for her dedicated service. Seconded by Councilmember Bartol Ayes-Councilmembers Bartol, Hjelle, Juenemann and Rossbach Abstain -Mayor Longrie City Council Meeting 01-23-06 H. CONSENT AGENDA Councilmember Juenemann moved to adopt consent agenda items 1, 3-8, 11-18. Seconded by Councilmember Rossbach Ayes -All Mayor Longrie moved to accept the staff report for consent agenda item 9. Seconded by Councilmember Bartol Ayes -All Councilmember Rossbach moved to adopt consent agenda item 9: Conditional Use Permit- Kline Nissan (3090 Highway 61 North) with review and possible reconsideration of this CUP at the June _ 12th City Council Meeting. By June the dumpster enclosure should have been constructed, the 2006 maintenance of catch basins and storm water infiltration system should be completed and parking issues should have been resolved and an update for the City Council on the frontage road should be provided. Seconded by Councilmember Bartol Ayes -All Mayor Longrie moved to accept the staff report for consent agenda item 10. Seconded by Councilmember Rossbach Ayes -All Mayor Longrie moved to adopt consent agenda item 10. Seconded by Councilmember Juenemann Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE: $ 8,130.00 Manual Checks # 68941 thru # 68942 dated 1/06/06 $ 321.51 EFT # 68943 dated 1/10/06 $ 276,215.21 Checks # 68944 thru # 69007 dated 1/06/06 thru 1/10/06 $ 1,271,059.60 Disbursements via debits to checking account dated 12/30/05 thru 01/05/06 $ 3,973.69 EFT # 69008 thru # 69009 dated 01/17/06 $ 474,864.48 Checks #69010 thru #69061 dated 01/13/06 thru 01/17/06 City Council Meeting 01-23-06 3 $ 120,338.65 Disbursements via debits to checking account dated 01/06/06 thru 01/12/06 $ 2,154,903.14 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 491, 905.88 01/13/06 $ 2,674.75 Payroll Deduction check # 103822 thru # 103824 dated 01/13/06 $ 494,580.63 Total Payroll $ 2,649,483.77 GRAND TOTAL 2. Maplewood Fire Relief Association Bylaw Addition Item pulled from agenda January 18, 2006. 3. Annual Renewal of Intoxicating Liquor License — On Sale Adopted the following resolution approving the On -Sale Intoxicating Liquor License Annual Review: RESOLUTION 06-01-013 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On -Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 2006, with approval granted herein subject to satisfactory results of required Police, Fire and Health Inspections: 5-8 Tavern & Grill James Emison 2289 Minnehaha Avenue Jose Leon Acapulco Mexican Restaurant 3069 White Bear Avenue James Gartner AMF Maplewood Lanes 1955 English Street Stephen Yantes Bleechers 2220 White Bear Avenue Scott Uttley Best Western -Maplewood Inn 1730 E. County Road D Broadway Bar & Pizza Chad Sprinkel 1900 East County Road D 1734 Adolphus Martin Mongoven Chili's Restaurants Southlawn & Beam Bret Shogren Chipotle Mexican Grill 2303 White Bear Avenue Paul J. Mateyka, Jr. Deans, Inc. 1986 Rice Street Dorothy Helen Piotrowski Applebee's Neighborhood Matthew Kielas Raymond R. Emerfoll Grill The Chalet Lounge Garrity's 3001 White Bear Avenue 1820 Rice Street 1696 White Bear Avenue Judith Landreville Champp's City Council Meeting 01-23-06 Bernard Diebel Goodrich Golf Course 1820 North Van Dyke 2925 White Bear Avenue 1749 Beam Avenue Michael Gengler Gulden's 2999 N. Highway 61 Patricia Belde Keller Clubhouse 2166 Maplewood Drive Noah Castle Myth 3090 Southlawn Avenue Cori Blodgett Noodles & Company 2865 White Bear Avenue Stephen Parr Outback Steakhouse 1770 Beam Avenue Ehrick Holland Red Lobster Cheryl Wolf Huey's Saloon 2425 Highway 61 Amanda Kranz Stargate Bar & Danceclub 1700 Rice Street Suzanne Schilling Suzanne's Cuisine 2100 White Bear Avenue Brian Meyer The Bird 3035 White Bear Avenue T.G.I. Friday's Philip Poling 3087 White Bear Avenue Thomas Hecker The Olive Garden 4. Annual Renewal of Intoxicating Liquor License — Off Sale Brain Baumani The Rock 2029 Woodlyn Avenue Club On -Sale Alan Hartman Loyal Order of Moose 963 1946 English Street Wine On -Sale Balbir Shoker Taste of India 1745 Cope Avenue Edward Unangst Pei Wei Asian Diner 3095 White Bear Avenue #101 Adopted the following resolution approving the Off -Sale Intoxicating Liquor License Annual Review: RESOLUTION 06-01-014 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Off -Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2006, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: City Council Meeting 01-23-06 Howard Remerowski Guneet Arneja M.G.M. Liquor Warehouse A-1 Liquor, Inc. 2950 White Bear Avenue 19 North Century Avenue Marvin C. Koppen Laber's Liquors Party Time Liquor Arthur Mark Stein 1835 E. Larpenteur Ave. 1700 D Rice Street Blong Lee Lor's Liquor Store Princess Liquor 'n Tobacco Charly Lor 2728 Stillwater Road 1347 Fost Avenue Christopher Sarrack Wendy Lauber Sarrack's International Wine & Spirits Maplewood Wine Cellar 2305 Stillwater Road 1281 Frost Avenue Phillip Lu Big Discount Liquor 2515 White Bear Avenue City Council Meeting 01-23-06 5. Temporary Gambling — Carver Elementary Parent Teacher Organization Approved the temporary gambling request and waived the $49.00 fee for Carver Elementary PTO. 6. Temporary Liquor — Prom Management Group at Keller Golf Course Clubhouse Approved the temporary intoxicating Liquor permit for Prom Management Group 484 Inwood Avenue, Oakdale. 7. Temporary Liquor — Church of the Presentation of the Blessed Virgin Mary /January 14, 2006 Approved the intoxicating liquor permit for Stephen Blessing for Church of the Presentation of the Blessed Virgin Mary for January 14, 2006 after the fact. Administrative approval was given. 8. Temporary Liquor — Church of the Presentation of the Blessed Virgin Mary /February 11, 2006 Approved the temporary intoxicating liquor permit for Stephen Blessing on behalf of the Church of the Presentation of the Blessed Virgin Mary for February 11, 2006. 9. Conditional Use Permit Review — Kline Nissan (3090 Highway 61 North) Approved the Conditional Use Permit for Kline Nissan (3090 Highway 61 North) with review and possible reconsideration of this CUP at the June 12th City Council Meeting. (To ensure dumpster enclosure has been constructed, the 2006 maintenance of catch basins and storm water infiltration system has been complete and parking issues have been resolved and to update the city council on the frontage road.) 10. Change of Use Deed (Southeast corner of County Road B and Mississippi Street) 06-01-015 Adopted the following resolution approving a request for a change of use on an existing use deed: RESOLUTION 06-01-019 AUTHORIZING APPROVAL OF A NEW USE OF TAX -FORFEITED LANDS Whereas, the City of Maplewood was conveyed a use deed by the state in 1993 for the following described tax forfeited land: Outlot A, Block 1, Flakne's Addition Whereas, the intended public use for which the property was previously conveyed was for open space; City Council Meeting 01-23-06 6 Whereas, the city is planning a street improvement project in and around the above-described tax forfeited land in 2007; Whereas, the city has determined that the above-described tax forfeited land will be needed for drainage and ponding purposes for the street project; Whereas, the new public use for the property is drainage and ponding; Now, Therefore, Be it Resolved, that the proper city officials are hereby authorized to make an application for a new use of said tax -forfeited land from open space to drainage and ponding. 11. 2006 Pay Equity Implementation Report Adopted the December 31, 2005 Pay Equity Implementation Report. 12. Approve Purchase of Single -Axle Plow Truck Approved to enter into a contract with Boyer Ford, Inc. under State Contract #435523, for the purchase of a 2006 Sterling L-8500 truck chassis for $61,476.00 and dispose of the 1991 Ford truck through trade-in or at State auction. 13. County Road D Realignment East, Southlawn to Hwy 61 — City Project 02-07 -- Resolution for Modification of Existing Construction Contract, Change Order Nos. 17 and 18 Moved to adopt the following resolution directing the modification of existing contract for County Road D Realignment East: RESOLUTION 06-01-016 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-07, CHANGE ORDER Nos. 17 and 18 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-07, County Road D Realignment (East) Improvements (TH 61 to Southlawn Dr.), 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 02-07, Change Order Nos. 17 and 18, as an increase to said contract by an amount of $23,088.80, such that the new contract amount is now and hereby established as $2,823,206.11. 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 Nos. 17 and 18 as a contract increase in the amount of $23,088.80. The revised contract amount is $2,823,206.11. City Council Meeting 01-23-06 No revisions to the project budget are required at this time, as these changes fall within the revised project scope and budget, approved on December 12, 2005. 14. Resolution for Adoption of 2006 Public Works Permit Fees Adopted the following resolution for adoption of the 2006 Public Works Permit fees: RESOLUTION 06-01-017 ADOPTION OF THE 2006 PUBLIC WORKS PERMIT FEES WHEREAS, the City of Maplewood has established permit fees for sewer service construction, storm sewer and sanitary sewer main construction, driveway construction, water connection and grading, and WHEREAS, city staff has reviewed the permit fees and prepared a schedule of fees titled 2006 Public Works Permit Fees, dated January 23 d, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated public works fees are approved for all related permit applications received after January 23, 2006. 2. The rates shown will be reviewed by staff on an annual basis with recommendations for revision brought to the city council for consideration. 15. County Road D Realignment East, Southlawn to Hwy 61 — City Project 02-07 -- Resolution Ratifying and Confirming Sale of Trail Property and Easements to Ramsey County Adopted the following resolution ratifying and confirming sale of Trail Property and Easements to Ramsey County: RESOLUTION 06-01-018 RATIFYING AND CONFIRMING SALE OF TRAIL PROPERTY AND EASEMENTS TO RAMSEY COUNTY WHEREAS, on July 11, 2005, the City of Maplewood approved the revised Realignment Agreement with Ramsey County, Northern States Power Company, d/b/a/ Xcel Energy, Burlington Northern Santa Fe Railroad (BNSF), Minnesota Commercial Railroad, and the Ramsey County Regional Railroad Authority, and WHEREAS, under the terms of the Realignment Agreement, the City of Maplewood was to purchase from the BNSF a twenty-five foot wide portion of the BNSF right-of-way in the West Half of the Southeast Quarter of Section 34, Township 30, Range 22, Ramsey County (the North Trail Property), as more particularly described in Section II I B 4 of the Realignment Agreement, and WHEREAS, under the terms of the Realignment Agreement, the city agreed to sell to Ramsey County, and Ramsey County agreed to purchase from the City, the North Trail Property, and WHEREAS, on or about September 27, 2005, the City purchased the North Trail Property from the BNSF and Minnesota Commercial Railroad, and WHEREAS, pursuant to the terms of the Realignment Agreement, on December City Council Meeting 01-23-06 30, 2005, Ramsey County paid the sum of $86,130.00 to the City for all of its right, title, and interest, if any, in the North Trail Property, and WHEREAS, the Mayor and City Manager of the City signed the Quitclaim Deed for the North Trail Property from the City to the County on behalf of the City, and WHEREAS, the County has expressed concern that the action of the City Council prior to conveyance of the North Trail Property to the County may not be sufficient to clearly show the City's approval of the sale for title purposes and has requested the City to ratify and confirm the sale and transaction as completed, NOW, THEREFORE, the City of Maplewood hereby ratifies and confirms the sale of the herein -described parcel of land to the County of Ramsey and ratifies and confirms the authority of the Mayor and City Manager to execute the Quitclaim Deed dated December 30, 2005, from the City to the County, on behalf of the City. LEGAL DESCRIPTION All the part of the easterly 25.00 feet of the 150 -foot wide BNSF Railway Company right- of-way located in the West Half of the Southeast Quarter of Section 34, Township 30, Range 22, Ramsey County, Minnesota, which lies northerly of a line drawn perpendicular with the easterly line of said Railway right-of-way from a point thereon distant 35.00 feet northeasterly from the intersection of said easterly line with the northerly right-of-way line of Trunk Highway 393-694 as described in that certain Final Certificate filed in the Office of the Ramsey County Recorder on November 4, 1966 as Document Number 1687969, and which lies southerly of the southerly line of the 66 -foot wide right-of-way of Buerkle Road as described in that certain Perpetual Easement filed in the Office of the Ramsey County Recorder on December 22, 1982, as Document Number 2164739. 16. Closure of Hazelwood Properties Tax Abatement District Fund Authorized (1) a transfer of $119,745.15 from the Hazelwood Properties Tax Abatement District fund to the debt service fund for the 2004 Tax Abatement Bonds effective 12-31- 04 and (2) authorized the appropriate budget changes. 17. Transfers from Tax Increment Funds Authorized the appropriate 2005 budget adjustments and 2005 transfers totaling $259,800 from the Tax Increment funds to the debt Service Fund. 18. Resolution Appointing Election Judges for Special Election February 28, 2006 Adopted the following resolution accepting election judges for the February 28, 2006 Special Election: City Council Meeting 01-23-06 RESOLUTION 06-01-020 ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2006 Special General Election to be held on Tuesday, February 28, 2006. City Council Meeting 01-23-06 10 Guy Grant Katherine Mollers Shari Adams Jamie Gudknecht Betty Mossong Fran Aherns Lloyd Hecht Howard Muraski Suzanne Anderson Gordon Heinenger Gerry Muraski Elsie Anderson Constance Hines Thomas Myster Cynthia Anderson Mary Holzemer Gloria Nelson Ronald Anderson Shirlee Horton James Nieman Ahsan Ansari Lynn Huntoon Louise Nieters Marlis Barrett Mildred Iverson Ann Marie Norberg Joan Bartelt Jeff Janacek Lois Olson Jaime Belland Gwendolyn Jefferson Sallye Orlando Mery Berger Judith Johannessen David Pehl Jeanne Bortz Barbara Johnson James Petrie Anna Breidenstein Joyce Jurmu Karla Radermacher Jennette Bunde Marilyn Kidman Charles Rowe Lucille Cahanes Harold Kirchoff Elaine Rudeen Robert Carr Rosemary Koch Louis Spies Ann Cleland Joan Kolasa MaryAnn Schneider Thomas Connelly Joseph Kolasa Sandy Schoenecker Colleen Connolly Mona Lou Krekelberg Harriet Schroepfer Mae Davidson Josephine Krominga Brian Shaul Marianne Davidson Marvella Lackner Teresa Shores Beverly Dean Rita Lally Bob Spangler Edward Deeg Charlotte Lampe Tim Stafki Bhupat Desai Anita Larson David Stark Helen Jean Dickson Lorraine Lauren Sandra Stevens Audrey Diesslin Ann Leo Rita Taylor Kathleen Dittel Pati Leo Lorraine Taylor Diane Droeger Claudette Leonard Milo Thompson Fred DuCharme Steve Lincowski Pat Thompson Audrey Duellman Vi Lincowski Leila Tillman Carolyn Eickhoff Delores Lofgren Franklin Tolbert Elizabeth Erickson Richard Lofgren Celilia Tucker Ann Fallon Robert Lundgren Connie Unger Lorraine Fishcer Shirley Luttrell Holly Urbanski Mary Fischer Jeri Mahre Vilhelmine Vanags Delores Fitzgerald Carol Mahre Beulah VanBlaricom Anne Fosburgh Rose Marie Manders Barabra Vandeveer Lucille Foster John Manthey Mary Vante James Franzen Delores Marsh Connie Wagner MaryJo Freer Thomas Maskrey Gene Wandersee Samantha Fritsche Gerladine Mechelke Gayle Wasmundt Clarice Gierzek Marylou Mechelke John Willy Diane Golaski Jackie Meyer Delores Witschen Betty Granger Joan Misgen Karen Zacho City Council Meeting 01-23-06 10 I. PUBLIC HEARINGS 1. 7:50 p.m. Independent School District No. 622 — Review and Discussion of Bus Garage Proposal for TH 5 and TH 120 Property Owned by MnDOT — City Project 03-20 a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. C. Frank Pafko, representing MnDOT, 395 John Ireland Blvd, presented further specifics from the report. d. Andrew J. Golfis, System G Inc., the Project Administrator, provided further details on the proposal. e. Craig Schlichting, Plowe Engineering, Inc. discussed drainage considerations and wetland impact. f. Randy Wagner, A.I.A., Project Architect, D.S. G. W., provided a brief summary on the design plans. g. Terry Wasiluk, Dispatcher for 622, 648 Birch Lane South, Shoreview clarified the normal h. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following persons were heard: Joe Fox, 1821 Myrtle Street, Maplewood Sister Carol Rennie, 2675 Larpenteur Ave. East, St. Paul Bob Zick, 2231 Penn Place, North St. Paul, MN Ron Cockriel, 943 Century Avenue, Maplewood Debbie Bowers, 1866 Sterling Street North, Maplewood Anne Fosburgh, 2560 East Idaho, Maplewood Barb Telser Gadow, 2525 Knoll Circle, Maplewood Mayor Longrie read in to the record letters received from Joyce Selg, and Joseph Reagan. Kay Green 2507 Knoll Circle, Maplewood Marty Naughton, 2691 Holloway, Maplewood Mayor Longrie closed the public hearing. Councilmember Rossbach moved to authorize the City Engineer to contact all parties involved to coordinate schedules and set a date for a public hearina. Seconded by Mayor Longrie Ayes -All 9:57 p.m. - A three minute break was taken. J. AWARD OF BIDS None K. UNFINISHED BUSINESS 1. Campaign Policy a. City Manager Fursman presented the staff report. City Council Meeting 01-23-06 11 City Attorney Kelly provided further specifics and clarification of the report stating that Statute 44 pertaining to civil service employees does not apply to Maplewood's paid -per -call firefighters and that if Statute 44 does not apply to Maplewood's pay -per -call firefighters then there would not or could not be a violation of the Statute as outlined in the internal investigation. Councilmember Rossbach moved to accept the staff report. Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Bartol, Juenemann and Rossbach Nay-Councilmember Hjelle 10:47 p.m. - City Attorney Kelly notified Mayor Longrie of the time. Councilmember Juenemann moved to extend the meeting until all agenda items were completed. Seconded by Councilmember Rossbach Ayes -All C. The following persons were heard: Judith Johannessen, 1610 Woodland Ave. East #3, Maplewood -a petition was submitted for public record. Therese Sonnek, 1503 Sandhurst Drive East, Maplewood Peter Fischer, 2443 Standridge, Maplewood Don Day, Visitor from Woodbury Ann Fosburgh, 2516 East Idaho, Maplewood Dale Trippler, 1201 Junction Avenue, Maplewood Mike Stockstead, President of Minnesota Professional Firefighters John Kyslyezyn, 3083 Victoria Street, Roseville Bob Zick, 2331 Penn Place, North St. Paul Carl Erb, 2354 Heights, Maplewood Councilmember Hjelle addressed the Council, Staff and the City of Maplewood audience. Councilmember Rossbach moved to table this item until the February 13, 2006 City Council Meeting. Seconded by Councilmember Bartol Ayes -Mayor Longrie, Councilmember Bartol, Hjelle and Rossbach Nay-Councilmember Juenemann 2. 2006 Appointment — Historical Preservation Commission a. City Manager Fursman presented the report. b. REaL Director/City Clerk Guilfoile presented specifics from the report. Mayor Longrie moved to accept the staff report. Seconded by Councilmember Rossbach Ayes -All Mayor Longrie moved to be appointed to the Historical Preservation Commission. Seconded by Councilmember Rossbach Ayes -All City Council Meeting 01-23-06 12 3. 2006 St. Paul Water Board Appointment (2 Years) a. City Manager Fursman presented the report Mayor Longrie moved to accept the staff report. Seconded by Councilmember Rossbach Ayes -All Councilmember Juenemann moved to appoint Councilmember Rossbach to the St. Paul Water Board. Seconded by Councilmember Hjelle Ayes -All L. NEW BUSINESS Change of Manager— Intoxicating Liquor License —The Myth —Jeff Kehr a. City Manager Fursman presented the report. b. REaL Director/City Clerk presented specifics from the report. C. Mr. Jeff Kehr was present for council questions. Mayor Longrie moved to accept the staff report. Seconded by Councilmember Bartol Ayes -All Mayor Longrie moved to approve the change of manager to Jeff Kehr for The Myth located at 3090 Southlawn Avenue. Seconded by Councilmember Hjelle Ayes -All 2. Special Construction Agreement (Edgehill Road, south of County Road C) a. City Manager Fursman presented the report. b. Senior Planner Ekstrand presented specifics from the report. Mayor Longrie moved to accept the staff report. Seconded by Councilmember Bartol Ayes -All C. Mark Trapp, the owner, was present for council questions. d. Commissioner Desai presented the Planning Commission Report. Councilmember Juenemann moved to approve a special agreement allowing the owners of the Property located at 1784 Edgehill Road to rebuild their house on this unpaved city right-of-way and to approve a reduced front setback from Edgehill Road to within 16 feet as shown on the applicant's Plan A. This 14 -foot setback reduction will result in a greater setback from the neighbors to the west. Approval of this special agreement is because: City Council Meeting 01-23-06 13 1. The request is to rebuild the applicants' house. A house on this lot is already in character with the neighborhood. 2. The city has granted such approvals in the past for private drives on public rights-of-way. This approval is subject to the applicants doing the following before getting a building permit to rebuild: Signing an agreement, which will be prepared by the city attorney, which: a. Holds the city harmless from any liability for the use of the right-of-way or any delay in emergency vehicles finding the house. b. States that the owner of the property is responsible for maintaining the driveway. c. States that the city may change this agreement if the city approves another house on this driveway. d. Requires that the applicant shall hook up to sanitary sewer and public water supply. 2. The city attorney shall draft and record these agreements. 3. Provide the city engineer with grading, drainage, utility and erosion control plans for the proposed house and driveway, subject to city requirements. 4. The driveway must meet the requirements of the fire marshal. 5. The applicants' plan labeled Plan A is the approved plan. The applicants must provide, in areas where there is no screening currently, a six -foot -tall, 80 percent opaque buffer upon installation along the westerly property line to buffer their driveway from the adjacent neighbors. Seconded by Councilmember Bartol Ayes -All 3. Ashley Furniture Design Condition Appeal (1770 County Road D) a. City Manager Fursman presented the report. b. Senior Planner Ekstrand presented specifics from the report. Mayor Longrie moved to accept the staff report. Seconded by Councilmember Hjelle Ayes -All C. David Bailey, the applicant, was present for council questions. Councilmember Rossbach moved to affirm the Design Review Board recommendation that the neon lights should be turned off at 9:30 p.m. at Ashley Furniture at 1770 County Road D. Seconded by Councilmember Juenemann Ayes -All 4. Conditional Use Permit Review — Mapletree Group Home (2831 Southlawn Drive) a. City Manager Fursman presented the report. City Council Meeting 01-23-06 14 b. Senior Planner Ekstrand presented specifics from the report. Mayor Longrie moved to accept the staff report. Seconded by Councilmember Rossbach Ayes -All C. John Brandt, the applicant, was present for council questions. d. The following persons were heard: Mick Manders, 2804 Southlawn, Maplewood Bob Zick, 2331 Penn Place, North St. Paul Stacey Walsh, 1876 Deter Street, Maplewood Earl Stienbrien, 1795 Radatz, Maplewood Nicole Zuk, 2799 Southlawn Drive, Maplewood Richard McKane, 1825 Radatz, Maplewood Councilmember Rossbach moved to adopt the resolution approving the conditional use permit for the Mapletree Group Home to have up to 12 residents living in their residential facility at 2831 Southlawn Drive and to adopt staff's recommendation on the definition of criminal offense relating to activity occurring at the group home directly involving a group home resident. Seconded by Councilmember Juenemann Ayes-Councilmembers Juenemann and Rossbach Nays -Mayor Longrie, Councilmembers Bartol and Hjelle Motion Failed Findinas for Denial Mayor Longrie: The Group Homes existence has shown that it does and has changed the character of the surrounding area and the neighbors have demonstrated, through their testimony, how it has changed their lives. Because this is a special activity in this group home that involves criminal activity, she is uncomfortable with the language that was discussed in the CUP. The amount of staff time expended on the property (including Police and Fire) is greater than the normal CUP or any CUP the city has issued. Councilmember Hjelle: • The increased concerns for the community does not warrant the increase of residents for economic reasons Councilmember Bartol: • The neighbors are opposed to the increase in residents, as is the Planning Commission. • With 12 residents, the property now becomes a business as opposed to a residential property. 5. Letter from Jill Clark City Council Meeting 01-23-06 15 a. City Manager Fursman presented the report. Councilmember Rossbach moved to table this item until City Manager Fursman has an opportunity to address all of the issues included in Ms. Clark's letter, and will bring back to council at that time. Seconded by Councilmember Juenemann M. COUNCIL PRESENTATIONS Ayes -Mayor Longrie, Councilmembers Bartol, Juenemann and Rossbach Abstain-Councilmember Hjelle Councilmember Hjelle Requests-Councilmember Hjelle withdrew this agenda item (due to the late hour) to be addressed at the next council meeting. 2. Emergency Management Seminar-Councilmember Juenemann invited residents to an Emergency Management Seminar at the Community Center 7:00 p.m. Thursday, January 26th 3. New Council Procedures-Councilmember Juenemann requested a discussion in the near future on the new council procedures of accepting staff reports. 4. South Leg Meeting-Councilmember Rossbach reported the last South leg Meeting had 9 attendees with the topic of the evening being recycling. Residents discussed how important, or not, the rubbish and recycling days be the same day. The consensus was 20 to 1 to consolidate recycling and rubbish. N. ADMINISTRATIVE PRESENTATIONS Newsletter Schedule a. City Manager Fursman presented the report. The following schedule was agreed upon by Mayor Longrie and council for the City News schedule: 2006 MAPLEWOOD CITY NEWS PUBLICATION DATES SCHEDULE City Council Meeting 01-23-06 16 Author for Article due to 2006 Admin. Sr. Admin. Assistant Issue in the Home ISSUE Letter (By Noon January* P&R Issue Diana Longrie 12/12/05 01/06/06 February Diana Longrie 01/17/06 02/01/06 Erik Hjelle March 02/13/06 03/01/06 Will Rossbach April* P&R Issue 02/27/06 03/20/06 Kathleen Juenemann May 04/17/06 05/01/06 New Councilmember June 05/22/06 06/01/06 Diana July* P& R issue Longrie 06/09/06 06/26/06 Erik August Hjelle 07/11/06 08/01/06 Will September Rossbach 08/21/06 09/01/06 Kathy October' Juenemann 09/12/06 09/25/06 New Councilmember City Council Meeting 01-23-06 16 November 1 1 10/16/06 11/01/06 December' P&R issue Diana Longrie 11/27/06 12/15/06 O. ADJOURNMENT Mayor Longrie moved to adjourn at 2:00 a.m. City Council Meeting 01-23-06 17 Page 1 of 1 Chuck AN From: Joyce Selg Daselg@worldnet.att.net] Sent: Monday, January 23, 2006 5:36 PM To: Chuck AN Subject: Property at TH 5 and TH 120 Mr. Ahl: I am unable to come to the meeting tonight regarding the above. I want to say that I am very much against having this many school buses this near to our home. I live at 1650 N. Sterling St., just south of Larpenteur. It is hard enough to get onto Larpenteur Ave. when the regular school buses are coming and going and most especially when school is out or there is an activity at Hill Murray. I am also afraid of the carbon monoxide that would surely be in the air starting up all those buses on a cold morning. I have also been asked to give you the opinion of Joseph Reagan from 2534 E. Larpenteur. He had a stroke and is unable to attend this meeting also. He has asthma and is also afraid of the carbon monoxide that would be lingering in the air. We are asking that the Council would reconsider and please not put the buses in this location. Thank you and/or the Council for.any help you could give. 1/23/2006