HomeMy WebLinkAbout12-12-2005
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, December 12, 2005
Council Chambers, City Hall
Meeting No. 05-28
A. 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 Cardinal.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Robert Cardinal, Mayor Present
David Bartol, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Will Rossbach, Councilmember Present
D. APPROVAL OF MINUTES
1.Minutes from the City Council Meeting-November 28, 2005
Councilmember Juenemann moved to approve the minutes from the November 28, 2005 City
Council Meeting as presented.
Seconded by Councilmember Rossbach Ayes-All
2. Minutes from the Special City Council Meeting-December 5, 2005
Councilmember Rossbach moved to approve the minutes from the December 05, 2005 Special
City Council Meeting as presented.
Seconded by Councilmember Juenemann Ayes-All
E. VISITOR PRESENTATIONS
F. APPROVAL OF AGENDA
M1. Council Service
M2. Bloodmobile
Councilmember Rossbach moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes-All
G. APPOINTMENTS/PRESENTATIONS
Mayor Cardinal and Councilmember Koppen were each presented a resolution from the
State Senate and a commemorative plaque from city staff for their years of leadership and
service on the Maplewood City Council.
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H. CONSENT AGENDA
Councilmember Rossbach moved to adopt consent agenda items 1, 3-6, 8, 10, 13-15, 17-18.
Seconded by Councilmember Koppen Ayes-All
Councilmember Rossbach moved to adopt consent agenda item 2.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Juenemann moved to adopt consent agenda item 7.
Seconded by Councilmember Rossbach Ayes-All
Councilmember Rossbach moved to adopt consent agenda item 9.
Seconded by Councilmember Koppen Ayes-All
Councilmember Rossbach moved to adopt consent agenda item 11.
Seconded by Councilmember Koppen Ayes-All
Councilmember Juenemann moved to adopt consent agenda item 12.
Seconded by Councilmember Koppen Ayes-All
Councilmember Juenemann moved to adopt consent agenda item 16.
Seconded by Councilmember Rossbach Ayes-All
Mayor Cardinal moved to adopt consent agenda item 19.
Seconded by Councilmember Juenemann Ayes-All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 1,600.00 Manual Checks # 68582
dated 11/23/2005
$ 1,058,203.91 Checks # 68583 thru # 68643
dated 11/29/2005
$ 623,976.86 Disbursements via debits to checking account
dated 11/18/2005 thru
11/25/2005
$ 351,990.43 Checks # 68644 thru # 68680
dated 12/06/05
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$ 227,714.70 Disbursements via debits to checking account
dated 11/18/05 thru 12/01/05
$ 2,263,485.90 Total Accounts Payable
PAYROLL
$ 470,466.26 Payroll Checks and Direct Deposits dated 12/02/2005
$ 2,449.75 Payroll Deduction check # 103463 thru #103465
dated 12/02/2005
$ 472,916.01 Total Payroll
$ 2,736,401.91 GRAND TOTAL
2. Ordinance to Increase Planning Fees (Second Reading)
Approved the following increases in the Community Development Department Fees as listed in
Exhibit A effective January 1, 2006 and approved the firstreading of an ordinance (Exhibit B)
to increase the planning fees:
ORDINANCE NO. 848
PLANNING FEES
Section 1. Section 36 - 26 of the Zoning Code of the City of Maplewood is hereby
amended as follows:
Section 36 - 26. Fees. The following nonrefundable application fees shall be
required:
Zone Change 1,128
Conditional Use
Permit:
R1 & R2 742
Other 1,153
Conditional Use Permit
Revision:
R1 & R2 630
Other 793
Variances:
R1 & R2 630
Other 1,046
Front Yard
Setback 298
Vacations:
R1 & R2 153
Other 595
Lot Divisions (Fee per lot
created):
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R1 & R2 85
Other 317
Home Occupation Permit (initial
permit)
Initial permit 637
Annual permit 57
Comprehensive Plan
Amendment 1,364
Code Amendment 890
Planned Unit Development 1,812
Preliminary Plat 1,636
Preliminary Plat Revision or Time
Extension 232
Final Plat 399
Time Extensions/Renewals 146
Section 2. Section 36 - 258 of the sign code is amended
as follows:
Section 36 - 258. Fees.
The sign erection permit fee shall be $24 per inspection.
Section 3. This ordinance shall be effective on January 1, 2006.
3. Increase in Miscellaneous Service Charges
Approved to increase the miscellaneous service charges by 2.0% effective
January 1, 2006 to keep up with inflation.
4. Transfers for Unassessed Improvements
Authorized a $31,140 transfer from the Sanitary Sewer Fund to the Debt Service Fund
for the 2003 Sewer Revenue Bonds, and a $33,460 transfer from the Water
Availability Charge Fund-St. Paul Water District to the Debt Service Fund for the 2002
Improvement Refunding Bonds, and the appropriate budget changes.
5. Assessments for False Alarm Bills
Adopted the following resolution to certify false alarm charges for collection with
property taxes payable in 2006 and a $25.00 false alarm bill for Tom Ward at 2363
Oakridge Court be written off as he has moved:
RESOLUTION 05-12-174
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the
Auditor of Ramsey County the following delinquent false alarm charge for collection with the
taxes of said property owner for the year 2005, collectible in 2006, and which includes interest
at the rate of eight percent (8%) on the total amount for one year:
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PROPERTY
ACCOUNTSTREET ADDRESS IDENTIFICATIONAMOUNT*
Spudsters 3001 White Bear Avenue 02.29.22.23.0009 $864.00
Corner Kick 1357 Cope Avenue 10.29.22.32.0014 54.00
Ohlson Property 3224 Rice Street 31.30.22.33.0052 27.00
Maintenance
Best Buy 1885 County Road D 35.30.22.33.0021 43.20
TOTAL$ 988.20
*Amount includes 8% interest.
6. Assessments for Ambulance Bills
Adopted the following resolution to certify $19,443.18 of unpaid ambulance bills as
special assessment for collection with 2006 property taxes with interest at the rate of
eight percent on the total amount for one year.
RESOLUTION 05-12-175
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of
Ramsey County the attached ambulance service charges totaling $19,443.18 for collection
with the taxes of said property owner for the year 2005, collectible in 2006 with interest at the
rate of eight percent (8%) on the total amount for one year.
7. Write Off Uncollectible Ambulance Bills for 2003
Authorized writing off $610,112.57 of ambulance bills and authorized the Finance
Director to write off uncollectible accounts annually.
8. Designation of Depositories for Investments
Adopted the following resolution designating depositories for time deposits of the City of
Maplewood:
RESOLUTION 05-12-180
BE IT RESOLVED
, that the following be and hereby are selected as depositories for time
deposits of the City of Maplewood:
Washington County Bank
Wells Fargo Bank
BE IT FURTHER RESOLVED
, that the deposits in any of the above depositories shall not
exceed the amount of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished
as additional security, and
BE IT FURTHER RESOLVED
, that funds in the above depositories may be withdrawn and wire
transferred to any other depository of the city by the request of the Finance Director or Assistant
Finance Director.
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BE IT FURTHER RESOLVED
, that these depository designations are effective until December
31, 2007.
9. Budget Adjustments for 2005 Bond Issue
Approved the staff recommended budget adjustments for the 2005 Bond Issue.
10. Maplewood Fire Relief Association Transfer of Assets to Oakdale Fire Relief
Association
Approved the agreement between the Maplewood Fire Relief Association and
the Oakdale Fire Relief Association allowing the transfer of assets to take place.
11. Gladstone North Area Streets Improvements– City Project 04-15
a. Resolution for Modification of Existing Construction Contract, Change
Order No. 1
Adopted the following resolution Directing the Modification of the Existing
Construction Contract for the Gladstone North Area Street Improvements, City
Project 04-15:
RESOLUTION 05-12-173
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 04-15, CHANGE ORDER 1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 04-15, Gladstone North Area Street Improvements, and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and designated as
Improvement Project 04-15, Change Order No. 1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that:
1. The mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 1 in the amount of $13,735.17. The
revised contract amount is $1,780,063.75.
12. Maplewood Recycling Program – Approve Distribution of Advertisement
Materials
Approved the distribution of the recycling information compiled by staff, the
Environmental Committee and Eureka Recycling.
13. 2006 Temporary/Casual Part-time Pay Resolution
Adopted the following resolution replacing the existing resolution establishing pay
rates for temporary, seasonal, and casual part-time employees:
RESOLUTION 05-12-178
WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time
employees who do not work more than 14 hour per week and temporary/seasonal employees who work
in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not
public employees and are therefore not eligible for membership in a public employee union.
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NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications
are hereby established for temporary/seasonal and casual part-time (14 hours or fewer/wk) employees
effective August 1, 2005, upon Council approval.
Accountant $10.00-30.00 per hour
Accounting Technician $9.00-22.00 per hour
Administrative Assistant $9.00-23.00 per hour
Background Investigator $25.00-35.00 per hour
Building Inspector $14.00-35.00 per hour
Building Attendant $6.15-12.00 per hour
Clerk $6.50-11.00 per hour
Office Specialist $8.50-16.00 per hour
Customer Service Assistant $6.15-11.00 per hour
CSO $8.00-16.00 per hour
CSO/Paramedic $12.00-23.00 per hour
Data Entry Operator $8.00-12.00 per hour
Dispatcher $15.00-20.00 per hour
Election Judge $6.50-12.00 per hour
Election Judge - Assistant Chair $7.00-13.00 per hour
Election Precinct Chair $7.50-14.00 per hour
Engineering Aide $7.00-16.00 per hour
Engineering Technician $10.00-16.00 per hour
Fire Department Custodian $600-690 per quarter
Firefighter—Paid-Per-Call $18.00 per drill
Intern $6.50-20.00 per hour
IT Technician $15.00-20.00 per hour
Laborer $6.50-12.00 per hour
Lifeguard $6.15-14.00 per hour
Receptionist $7.50-11.00 per hour
Recreation Instructor/Leader $6.15-30.00 per hour
Recreation Official $6.15-25.00 per hour
Recreation Worker $6.15-18.00 per hour
Theater Technician $20.00-30.00 per hour
Vehicle Technician $9.00-15.00 per hour
Video Coordinator* $11.00-19.00 per hour
Video Technician* $10.00-18.00 per hour
Water Safety Instructor (WSI) $7.50-14.00 per hour
WSI & Head Lifeguard Differential $1.00 per hour
(Lifeguards or WSIs working as Head
Lifeguards; Lifeguards working as WSIs)
*Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less.
BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate
within the above ranges.
14. Conditional Use Permit Review – Schlomka Landscaping (2511 Carver Avenue)
Extended the two conditional use permits associated with Schlomka
Landscaping located at 2511 Carver Avenue again in one year to ensure
continued compliance with all conditions.
15. Annual License Lawful Gambling – Pioneer Booster Club at Bleecher’s Bar
Adopted the following resolution approving the lawful gambling resolution
application for the Pioneer Booster Club:
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RESOLUTION 05-12-168
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises
permit for lawful gambling is approved for the Pioneer Booster Club, to operate at Bleechers Bar
located at 2220 White Bear Avenue, Maplewood, Minnesota.
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.
16. Diseased Tree Program-Report on 2005 Removals
Accepted the Diseased Tree Program Report for 2005 Removals.
17. Tax-Exempt Financing Request - Hill Murray School (2625 Larpenteur Avenue
East)
Adopted the following resolution approving Maplewood giving approval for up to
$3.4 million in tax exempt revenue financing for Hill-Murray School at 2625
Larpenteur Avenue:
RESOLUTION NO. 05-12-179
RESOLUTION OF THE CITY OF MAPLEWOOD, MINNESOTA
GIVING APPROVAL TO THE ISSUANCE OF A
REVENUE NOTE BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF
MAPLEWOOD FOR EDUCATIONAL FACILITIES
WHEREAS:
1.
On November 22, 2005 the Housing and Redevelopment Authority of the City of Maplewood
(the "HRA") adopted a Resolution giving approval to the issuance of a tax-exempt Educational Facilities
Revenue Note in a principal amount not to exceed $3,400,000 (the "Note") to finance the acquisition of
approximately 40 acres of land which is the current site of the Hill-Murray School campus along with an
additional 4 acres of land located at 2625 Larpenteur Avenue in the City (the "Project"). The Project will be
owned by The Hill-Murray Foundation (the "Borrower") and leased to Hill-Murray School, both Minnesota
nonprofit corporations.
2.
Section 147(f) of the Internal Revenue Code of 1986, amended ("TEFRA"), requires that the
applicable elected representatives of the governmental unit issuing the Note give approval to issuance of
the Note following holding of a public hearing. A public hearing was held by the HRA on November 22,
2005 with respect to the Project and issuance of the Note in an amount not to exceed $3,400,000.
3.
The HRA has requested that the City Council of the City of Maplewood give its consent
pursuant to TEFRA to facilitate the issuance of the Note by the HRA, subject to final approval of the details
of issuance of the Note by the HRA.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, that in
accordance with TEFRA, the City Council hereby consents to the issuance of the Note for the purposes
described in the aforesaid Resolution of the HRA, the exact details of which including, but not limited to,
provisions relating to the maturities, interest rates, and redemption, are to be determined by the HRA
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and set forth in the Note or the Loan Agreement dated as of the date of closing between the City and
the Borrower. In addition, the City Council hereby authorizes the issuance of any additional obligations
(including refunding notes or bonds) by the HRA, found by the HRA to be necessary for carrying out the
purposes for which the Note is issued.
18. Ambulance Rates for 2006
Adopted the following resolution establishing the 2006 Ambulance Rates:
RESOLUTION 05-12-185 ADOPTING 2006 AMBULANCE RATES
WHEREAS
, the City of Maplewood is authorized to impose reasonable charges for emergency and
paramedic ambulance services by Minnesota Statutes 471.476 and by special laws (Chapter 426, Laws of
1975, and Chapter 743, Laws of 1978); and
WHEREAS
, it is fair and reasonable to charge for services rendered based upon the distance a
person is transported and by type of services provided; i.e., basic or advanced life support services as
defined by Medicare.
NOW, THEREFORE, BE IT RESOLVED
, that the following charges shall be effective January 1,
2006:
Base rates:
Non-transport (treatment administered) $ 335.00
Basic life support ambulance services $ 895.00
Advanced life support ambulance services 1 $1,170.00
Advanced life support ambulance services 2 $1,295.00
Rate per mile transported $ 14.10
BE IT FURTHER RESOLVED
, that there shall be no charge when the patient has not been
administered treatment and is not transported, when the patient is transported to the detoxification center,
or when the patient is transported in a squad car.
BE IT FURTHER RESOLVED
, that if more than one person is transported, the ambulance charges
will be pro-rated between the people transported.
19. Budget Adjustment for Nature Center Donation
Accepted $1,220 in donations from multiple parties toward the Blue Heron
bronze sculpture from the Butterfly Garden fundraiser last summer.
I. PUBLIC HEARINGS
1. Kenwood Area Street Improvements – City Project 05-16
a. Public Hearing
b. Resolution Ordering Improvement after Public Hearing
a. City Manager Fursman presented the report.
b. City Engineer Ahl presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
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following persons were heard:
Patricia Wynn, 710 Belmont Avenue East, Maplewood
Raymond Bade, 691 Eldridge Avenue East, Maplewood
Floyd Erickson 2094 Edgerton Street, Maplewood
Gerald Meigs, 710 Belmont, Maplewood
Colleen Olson, 2111 Kenwood Drive East, Maplewood
Jeanette Hulet, 2021 Kenwood Drive West, Maplewood
Chris Valley, 787 Bellwood Avenue East, Maplewood
Jerry Ekblad, 731 Eldridge Avenue, Maplewood
John Simon, 2100 Greenbrier, Maplewood
Dave Shilling, 1955 Greenbrier, Maplewood
d. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution ordering the improvement of
the Kenwood Area Street Improvements, City Project 05-16:
RESOLUTION 05-12-181
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 12th day of December, 2005, fixed a
date for a council hearing on the proposed street improvements for the Kenwood Area Street
Improvements, City Project 05-16.
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held on December 12, 2005, and the council has heard all persons
desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that
the City of Maplewood make improvements to Kenwood Area Street Improvements, City Project 05-16.
2. Such improvement is hereby ordered as proposed in the council resolution adopted the
12th day of December 2005.
3. The city engineer is designated engineer for this improvement and is hereby directed to
prepare final plans and specifications for the making of said improvement.
4. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. A project budget of $4,727,140 shall be established. The
proposed financing plan is as follows:
Street assessments: $ 1,356,608 (29%)
Storm assessments: $ 218,850 (5%)
Sanitary Sewer utility Fund: $ 443,245 (9%)
SPRWS Obligation: $ 72,490 (2%)
WAC Fund $ 80,000 (2%)
Environmental Utility Fund $ 303,500 (6%)
City general tax levy: $ 2,252,447 (47%)
Total $ 4,727,140 (100%)
Seconded by Councilmember Bartol Ayes-All
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Mayor Cardinal announced a short break to allow the residents from the public hearing who
wanted to leave an opportunity to exit the chambers.
2. Intoxicating Liquor License Fee Increase
a. City Manager Fursman presented the report.
b. REaL Director/City Clerk Guilfoile presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following person was heard:
None
d. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to approve the following 2006 License fee requirements:
The 2006 license fees are proposed as follows:
Intoxicating Liquor is currently $6,995 inflation increase of 4.7% = $7,324
On-Sale Beer License is currently $212 increase by 4.7% = $222
Off-Sale Beer License is currently $55 increase by 4.7% = $58
Seconded by Councilmember Rossbach Ayes-All
3. Proposed 2006 Budget and Tax Levy
a. City Manager Fursman presented the report.
b. Finance Director Faust presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following persons were heard:
None
d. Mayor Cardinal closed the public hearing.
Councilmember Rossbach moved to adopt the following resolution which will levy property taxes
payable in 2006. The amounts listed in the resolution will increase the tax levy by 5.0% and
cause an increase of $50 or less in annual city taxes on 62% of the homes:
RESOLUTION 05-12-176
ADOPTING A BUDGET FOR 2006
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA
that a budget for 2006 is hereby adopted as outlined in the following summary:
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CAPITALDEBT
OPERATINGIMPROVEMENTSSERVICE
BUDGETBUDGETBUDGETTOTAL
Estimated Balances 01-01-06 $42,797,663 $889,867 $7,189,536 $50,877,066
Revenues 28,741,540 1,118,450 5,226,100 $35,086,090
Net other increases
(454,340)1,089,750 448,890 $1,084,300
(decreases)
Expenditures (28,598,620)(1,095,360) (6,192,400) ($35,886,380)
Estimated Balances 12-31-06 $42,486,243 $2,002,707 $6,672,126 $51,161,076
BE IT FURTHER RESOLVED
that the department appropriations totaling as listed in the budget
booklet are hereby approved for the 2006 Operating Budget:
BE IT FURTHER RESOLVED
that the expenses for the Community Center Operations Fund
may exceed the appropriation provided that the net operating income before other revenues and
expenses excluding depreciation for 2006 is not less than.
BE IT FURTHER RESOLVED
that the following appropriations are hereby approved for the
2006 Capital Improvements Budget:
CAPITAL IMPROVEMENT PROJECTS $138,220
FIRE TRUCK REPLACEMENT 280,380
LEGACY VILLAGE TAX ABATEMENT DISTRICT 70
OPEN SPACE 230
PARK DEVELOPMENT 450,000
PUBLIC SAFETY COMMUNICATION SYSTEM 800
REDEVELOPMENT 60
TAX INCREMENT ECONOMIC DEV. DISTRICT #1-
5 22,700
TAX INCREMENT HOUSING DISTRICT #1-1 170
TAX INCREMENT HOUSING DISTRICT #1-2 170
TAX INCREMENT HOUSING DISTRICT #1-3 160
TAX INCREMENT HOUSING DISTRICT #1-4 47,870
TAX INCREMENT HOUSING DISTRICT #1-5 39,630
TAX INCREMENT HOUSING DISTRICT #1-6 94,050
TAX INCREMENT HOUSING DISTRICT #1-7 170
TAX INCREMENT HOUSING DISTRICT #1-8 19,830
WATER AVAILABILITY CHARGE – NO. ST. PAUL 40
WATER AVAILABILITY CHARGE – ST. PAUL 810
TOTAL CAPITAL IMPROVEMENTS
$1,095,360
BUDGET APPROPRIATIONS
BE IT FURTHER RESOLVED
that the Finance Director shall establish a budget for each
public improvement project when the Council orders the project and that the budget amounts shall be
recorded at amounts specified in the feasibility study for the project.
BE IT FURTHER RESOLVED
that the following appropriations are hereby approved for the
2006 Debt Service Budget:
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$4,065,000 Principal
2,109,450 Interest
6,520 Paying Agent Fees
8,300 Interest – Interfund loans
3,130 Investment Management
$6,192,400 TOTAL DEBT SERVICE BUDGET APPROPRIATIONS
BE IT FURTHER RESOLVED
that the above budgets for Governmental Funds are hereby
adopted for financial reporting and management control.
BE IT FURTHER RESOLVED
that the above budgets for all other funds are hereby adopted for
management purposes only.
BE IT FURTHER RESOLVED
that the transfer of appropriations among the various accounts,
within a fund, shall only require the approval of the City Manager or his designee. However, City
Council approval is required for transfers from contingency accounts.
BE IT FURTHER RESOLVED
that all appropriations which are not encumbered or expended at
the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which
may be appropriated for the next fiscal year except appropriations for capital improvement projects
which shall not lapse until the project is completed or canceled by the City Council.
BE IT FURTHER RESOLVED
that $168,000 of the fund balance in the General Fund is
designated for contingencies.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Rossbach moved to adopt the following resolution adopting the 2006 budget.
This includes revisions to the proposed budget that are listed in Exhibit A:
RESOLUTION 05-12-177
CERTIFYING TAXES PAYABLE IN 2006
BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA
that:
1. The following amounts of taxes be levied for 2005, payable in 2006, upon the net tax capacity in
said City of Maplewood, for the following purposes:
Operations $11,089,570
Debt Services 2,315,500
TOTAL LEVY $13,405,070
2. In addition, there is a $701,300 market value based referendum levy for 2005 payable in 2006 to
finance the debt service on the 2002 Open Space Refunding Bonds and the 2000 Fire Safety
Bonds.
3. The next tax capacity based levy of $2,315,500 for Debt Service and the market value based
referendum levy of $701,300 total $3,016,800. This is a net decrease of $561,535.60 in the
scheduled levy of $4,512,274.60. The breakdown by Debt Service Fund is attached as Exhibit A.
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Seconded by Councilmember Juenemann Ayes-All
Councilmember Rossbach moved to ask staff to review the possibility of a bi-annual budget
system.
Seconded by Mayor Cardinal Ayes-All
J. AWARD OF BIDS
None
K. UNFINISHED BUSINESS
1. Roselawn Traffic Issues (35E to Rice) – City Project 05-25 – Review of Traffic
Engineer’s Findings
a. City Manager Fursman presented the report.
b. City Engineer Ahl presented specifics from the report.
c. Tom Sohrweide, Short, Elliot, Hendrickson Inc., provided specifics from the report.
The following persons were heard:
Clarence Olson, 250 Roselawn Avenue, Maplewood
William Macoskey, 106 East Roselawn, Maplewood
Carolyn Peterson, 1803 Gervais Avenue, Maplewood
Lee Rossow, Owner of Comfort Bus Company
Paul Nolan, 498 Roselawn, Maplewood
Richard Conrad, 148 Roselawn, Maplewood
Jon Strantz, 112 Roselawn, Maplewood
Kerry Kapaun, 113 Roselawn, Maplewood
Mayor Cardinal moved to accept the report of the City’s traffic consultant on the Roselawn-
Jackson area traffic issues, directed the Community Development Director to conduct a review
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of the CUP for Comfort Bus as provided by City Code: direct a letter to SPRWS requesting
assistance with routing of their truck traffic to their Rice Street facility and restrict parking as
recommended by the Traffic Engineer at the Roselawn-Jackson intersection:
Seconded by Councilmember Koppen Ayes-All
L. NEW BUSINESS
1. Maplewood Mall Area Transportation Improvements Project Financing Summary and
Budget Adjustments
a. Hazelwood Street Improvements (C to Beam), City Project 01-16
b. County Road D East (TH 61 to Southlawn), City Project 02-07
c. County Road D West (TH 61 to Highridge), City Project 02-08
d. Kennard Street Improvements (Beam to Cty Rd D), City Project 03-04
e. TH 61 Improvements (Beam to I-694), City Project 03-07
f. County Road C Area Streets, City Project 03-18
g. Legacy Parkway (Kennard to Hazelwood), City Project 03-26
h. Hazelwood Street (Beam to D), City Project 03-39
i. Bruce Vento Trail Extension (Beam to Buerkle), City Project 04-02
j. County Road D Court , City Project 04-06
k. TH 61 East Frontage Road (New Cty D to Old Cty D), City Project 04-25
a. City Manager Fursman presented the report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to approve the following budget adjustments:
Hazelwood (01-16):
•Transfer $66,350 from the Sewer Fund
County Road D East (02-07):
•
o Add interest on investments: $ 61,257
o Ramsey Co. Payment for Trail: $ 389,680
o Regional Rail Payment for Railroad: $ 906,645
o Additional bonding in 2006: $1,671,538
o Total budget adjustment: $3,029,120
County Road D West (02-08):
•
o Add SPRWS Payment: $ 33,378
o Add Vadnais Heights Work: $ 44,000
o Add Developer Payment: $ 45,000
o Additional bonding in 2006: $468,544
o Total Budget Adjustment: $590,922
Kennard Street (03-04):
•Add a payment from SPRWS for $20,505.
TH 61 Area Improvements, County Road D Court, TH 61 Frontage Road (03-07,04-
•
06,04-25):
o Add SPRWS Payment: $26,483
o Add MnDOT Payment: $45,000
o Total Budget Adjustment: $71,483
Hazelwood Street (03-39):
•Recognize interest received on investments of $19,524.
Seconded by Councilmember Bartol Ayes-All
2. Reduced Front Yard Setback Request – Detached Garage (1948 Kenwood
Drive)
a. City Manager Fursman presented the report.
b. Planner Roberts presented specifics from the report.
City Council Meeting 12-12-05
15
c. Lisa Schnose, the applicant, was present for council questions.
d. The following persons were heard:
Jeff Surine, 1951 Kenwood Drive, Maplewood
Councilmember Juenemann moved to extend the meeting until all agenda items were
addressed.
Seconded by Councilmember Rossbach Ayes-Mayor Cardinal, Councilmembers
Bartol, Juenemann and Rossbach
Nay-Councilmember Koppen
Jeff Surine, continued his statement
Mike Zalk, 1946 Kenwood Drive, Maplewood
Councilmember Rossbach moved to approve the 26-foot reduced front yard setback (so it would
have at least two-foot front yard setback) for the detached garage for the property at 1948
Kenwood Drive East. The garage location and design shall follow the plans submitted to the
city, and city staff may approve minor changes to the plans.
Seconded by Councilmember Juenemann Ayes-Councilmembers Juenemann
and Rossbach
Nays-Mayor Cardinal,
Councilmembers Bartol and Koppen
Motion failed.
3. Easement Vacation – Legacy Village (west of Southlawn Drive, south of Legacy
Parkway)
a. City Manager Fursman presented the report.
b. Senior Planner Ekstrand presented specifics from the report.
c. Commissioner Grover presented the Planning Commission Report.
Councilmember Rossbach moved to table the resolution vacating the drainage and utility
easements on the proposed Ramsey County Library site at Legacy Village.
Seconded by Councilmember Juenemann
Jason Thomas, Hartford Group, provided further specifics on the easement vacation and
answered council questions.
City Attorney Kelly clarified the sixty day limit and timing issues regarding the design and
approval process with Ramsey County.
Councilmember Rossbach withdrew his motion.
Councilmember Koppen moved to adopt the following resolution vacating the drainage and
utility easements on the proposed Ramsey County Library site at Legacy Village:
EASEMENT VACATION RESOLUTION 05-12-186
WHEREAS, Mr. Jason Thomas, of the Hartford Group, applied for the vacation of a 20-foot-wide
drainage and utility easement on the proposed Ramsey County Library site in Legacy Village. This
easement is described as follows:
City Council Meeting 12-12-05
16
The South ten (10) feet of Lot 1, Block 4, Legacy Village of Maplewood;
LESS AND EXCEPT:
The West ten (10) feet of the South ten (10) feet of Lot 1, Block 4;
LESS AND EXCEPT:
The East ten (10) feet of the South ten (10) feet of Lot 1, Block 4.
The North ten (10) feet of Lot 2, Block 4, Legacy Village of Maplewood;
LESS AND EXCEPT:
The West ten (10) feet of the North ten (10) feet of Lot 2, Block 4;
LESS AND EXCEPT:
The East ten (10) feet of the North (10) feet of Lot 2, Block 4.
WHEREAS, on November 21, 2005, the planning commission held a public hearing. 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 chance to speak and present written
statements. The planning commission also considered reports and recommendations from the city
staff. The planning commission recommended that the city council approve this request.
WHEREAS, on December 12, 2005, the city council approved this request after considering the
recommendations of staff and the planning commission.
WHEREAS, after the city approves this vacation, the public interest in the property will go to the
adjoining property.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacation because the vacation is in the public interest since these easements would serve no public
purpose. As a condition of this vacation, the applicant shall combine both lots into one legally-
described property before obtaining a building permit.
Seconded by Councilmember Bartol Ayes-All
4. Tire View Estate Preliminary Plat (east of Highway 61 at new County Road D)
a. City Manager Fursman presented the report.
b. Senior Planner Ekstrand presented specifics from the report.
c. Commissioner Grover presented the Planning Commission Report.
Councilmember Rossbach moved to approve the Tire View Estate preliminary and final plat as
submitted. Approval is subject to the conditions state in the March 18, 2005 letter from MnDOT.
Seconded by Councilmember Juenemann Ayes-All
5. Regions Sleep Health Center (2688 Maplewood Drive North)
a. Conditional Use Permit
b. Building Setback Variance
c. Zoning Map Change – R-1 (single dwellings) to M-1 (light manufacturing)
d. Design Approval
a. City Manager Fursman presented the report.
b. Senior Planner Ekstrand presented specifics from the report.
c Boardmember Olson presented the Community Design Review Board Report.
City Council Meeting 12-12-05
17
d. Commissioner Grover presented the Planning Commission Report.
e. Steve Doherty, the architect, responded to council questions.
Councilmember Juenemann moved to adopt the following resolution approving a conditional
use permit for 2688 Maplewood Drive for a building in an M1 (light manufacturing) district that
would be within 350 feet of residential property:
CONDITIONAL USE PERMIT RESOLUTION 05-12-182
WHEREAS, Pope Associates applied for a conditional use permit to construct a commercial
building within 350 feet of residentially-zoned property. The proposed building would be set back
varying distances from abutting residential lot lines at distances of 55 feet, 67 feet and 122 feet.
WHEREAS, this permit applies to 2688 Maplewood Drive. The legal description is:
Back portion of the parcel (Parcel A):
The South 189.50 feet Lot 6, Kohlman’s Lakeview Addition, as measured at a right angle to the
South line of said Lot 6, according to the recorded plat thereof on file and of record in the office
of the County Recorder Ramsey County, Minnesota.
Front portion of the parcel (Parcel B):
Commencing at a point on the West line of Lot 6, Kohlman’s Lakeview Addition, and 200 feet
South of the Northwest corner of said Lot 6; thence West on a line parallel to the South line of
Section 4, Township 29, North, Range 22 West, to a point on the Easterly line of the White Bear
Road known as Highway Number One; thence Southwesterly along the Southeasterly side of
said White Bear Road to a point 383.8 feet North of the South line of Section 4; thence East on
a line 383.8 feet North of and parallel to the South line of said Section 4 to a point on the West
line of said Lot 6; thence North along the West line of said Lot 6 to the point of beginning,
Ramsey County, Minnesota.
Abstract Property (Parcel A)
Torrens Property (Parcel B)
Torrens Certificate No. 530624
WHEREAS, the history of this conditional use permit is as follows:
1. On November 21, 2005, the planning commission recommended that the city council
approve this permit. The planning commission held a public hearing. City staff
published a notice in the paper and sent notices to the surrounding property owners as
required by law. The planning commission gave everyone at the hearing a chance to
speak and present written statements.
2. The city council reviewed this request on December 12, 2005. The council considered
reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the City’s Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
City Council Meeting 12-12-05
18
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:
1. All construction shall follow the site plan that the city has date-stamped October 27, 2005.
The director of community development may approve minor changes.
2. The proposed construction must be substantially started, or the proposed use utilized, within
one year of council approval or the permit shall become null and void. The council may
extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The parking lot lights for the rear parking lot must be of a style that has concealed bulbs and
lenses. This lighting must not give off more light than a typical residential wall or yard light.
Light-intensity maximums must meet code requirements.
5. Provide a revised parking lot screening plan for the rear parking lot that provides screening
that is at least six feet tall and 80 percent opaque on the north/northeast and
south/southeast sides.
6. The applicant shall work with staff to eliminate or reduce the number of parking stalls in the
back of the building. This area shall be designated as “proof of parking” or “future parking.”
The applicant shall provide 9 ½-foot-wide spaces for patient parking as required by code.
Employee parking spaces may be 9 feet wide and must be signed as such. Handicap
parking spaces shall comply with ADA (Americans with Disabilities Act) requirements.
7. Any activity that generates noise, sounds, or disturbances that can be heard by the abutting
residential home owners shall be prohibited between 7 p.m. and 7 a.m. Mondays through
Saturdays and all day on Sundays as required by Section 18-111 of the city code.
Seconded by Councilmember Rossbach Ayes-All
Councilmember Koppen moved to adopt the following resolution approving a 20-foot setback
variance allowing the proposed Regions Sleep-Health Center to be constructed 30 feet from the
northerly lot line:
VARIANCE RESOLUTION 05-12-183
City Council Meeting 12-12-05
19
WHEREAS, Pope Associates has applied for a variance from the zoning ordinance.
WHEREAS, this variance applies to 2688 Maplewood Drive. The legal description for the
portion of the subject lot to be rezoned (Parcel A) is:
Back portion of the parcel (Parcel A):
The South 189.50 feet Lot 6, Kohlman’s Lakeview Addition, as measured at a right angle to the
South line of said Lot 6, according to the recorded plat thereof on file and of record in the office
of the County Recorder Ramsey County, Minnesota.
Front portion of the parcel (Parcel B):
Commencing at a point on the West line of Lot 6, Kohlman’s Lakeview Addition, and 200 feet
South of the Northwest corner of said Lot 6; thence West on a line parallel to the South line of
Section 4, Township 29, North, Range 22 West, to a point on the Easterly line of the White Bear
Road known as Highway Number One; thence Southwesterly along the Southeasterly side of
said White Bear Road to a point 383.8 feet North of the South line of Section 4; thence East on
a line 383.8 feet North of and parallel to the South line of said Section 4 to a point on the West
line of said Lot 6; thence North along the West line of said Lot 6 to the point of beginning,
Ramsey County, Minnesota.
Abstract Property (Parcel A)
Torrens Property (Parcel B)
Torrens Certificate No. 530624
WHEREAS, Section 44-20( c)(6)(b) of the Maplewood Code of Ordinances requires that
commercial buildings be set back at least 50 feet from a residential lot line.
WHEREAS, the applicant is proposing to construct a commercial building with a 30-foot setback
from a residential lot line.
WHEREAS, this requires a variance of 20 feet.
WHEREAS, the history of this variance is as follows:
1. On November 21, 2005, the planning commission recommended that the city council
approve this variance. The planning commission held a public hearing. City staff
published a notice in the Maplewood Review and sent notices to the surrounding
property owners as required by law.The planning commission gave everyone at the
hearing an opportunity to speak and present written statements.
2. The city council reviewed this request on December 12, 2005. The council considered
reports and recommendations from the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described
variance for the following reasons:
1. Providing a 50-foot setback would cause the applicant undue hardship by requiring a
setback from a nonconforming use that is temporary and destined to be redeveloped
with a complying, M1 use.
2. This variance would be in keeping with the spirit and intent of the ordinance since there
would still be an ample 30-foot setback from the northerly lot line.
Seconded by Councilmember Rossbach Ayes-All
City Council Meeting 12-12-05
20
Councilmember Koppen moved to adopt the following resolution rezoning the back of 2688
Maplewood Drive from R1 (single dwelling residential) to M1 (light manufacturing). This
rezoning is based on the findings required by code and also because the Maplewood
Comprehensive Land Use Plan already guides this property as M1:
RESOLUTION: ZONING MAP CHANGE 05-12-184
WHEREAS, Pope Associates applied for a change in the zoning map from R1 (single dwelling
residential) to M1 (light manufacturing).
WHEREAS, this change applies to the property at 2688 Maplewood Drive.
The legal description is:
Back portion of the parcel (Parcel A):
The South 189.50 feet Lot 6, Kohlman’s Lakeview Addition, as measured at a right angle to the
South line of said Lot 6, according to the recorded plat thereof on file and of record in the office
of the County Recorder Ramsey County, Minnesota.
Front portion of the parcel (Parcel B):
Commencing at a point on the West line of Lot 6, Kohlman’s Lakeview Addition, and 200 feet
South of the Northwest corner of said Lot 6; thence West on a line parallel to the South line of
Section 4, Township 29, North, Range 22 West, to a point on the Easterly line of the White Bear
Road known as Highway Number One; thence Southwesterly along the Southeasterly side of
said White Bear Road to a point 383.8 feet North of the South line of Section 4; thence East on
a line 383.8 feet North of and parallel to the South line of said Section 4 to a point on the West
line of said Lot 6; thence North along the West line of said Lot 6 to the point of beginning,
Ramsey County, Minnesota.
Abstract Property (Parcel A)
Torrens Property (Parcel B)
Torrens Certificate No. 530624
WHEREAS, the history of this change is as follows:
1. On November 21, 2005, the planning commission held a public hearing to consider this
rezoning. The city staff published a notice in the Maplewood Review and sent notices to
the surrounding property owners. The planning commission gave everyone at the
hearing an opportunity to speak and present written statements. The planning
commission recommended that the City Council approve the change.
1. On December 12, 2005, the city council reviewed this rezoning and approved the
change. The Council also considered reports and recommendations from the city staff
and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described
change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the zoning code.
2. The proposed change will not substantially injure or detract from the use of neighboring
property or from the character of the neighborhood, and that the use of the property
adjacent to the area included in the proposed change or plan is adequately safeguarded.
City Council Meeting 12-12-05
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3. The proposed change will serve the best interests and conveniences of the community,
where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical, efficient, and
economical extension of public services and facilities, such as public water, sewers,
police and fire protection and schools.
5. The Maplewood Comprehensive Plan already designates this property for M1.
Seconded by Councilmember Bartol Ayes-All
Councilmember Koppen moved to approve the plans date-stamped October 27, 2005, for the
proposed Regions Sleep-Health Center at 2688 Maplewood Drive. Approval is subject to the
applicant/developer complying with the following conditions:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Comply with all conditions of Erin Laberee’s engineering report dated November 17, 2005.
3. Obtain a permit from the Ramsey/Washington Metro Watershed District before the issuance
of a building permit.
4. The applicant shall work with staff to eliminate or reduce the number of parking stalls in the
back of the building. This area shall be designated as “proof of parking” or “future parking.”
The applicant shall provide 9 ½-foot-wide spaces for patient parking as required by code.
Employee parking spaces may be 9 feet wide and shall be signed as such. Handicap
parking spaces shall comply with ADA (Americans with Disabilities Act) requirements.
5. Provide a revised parking lot screening plan for staff approval for the rear parking lot that
provides screening that is at least six feet tall and 80 percent opaque on the north/northeast
and south/southeast sides.
6. The applicant must provide an in-ground irrigation system as required by code. The area
around the pond does not need to be sprinklered.
7. The design of the trash enclosure shall be submitted to staff for approval. The materials and
colors of the enclosure shall match the building.
8. Provide cash escrow, in the amount of 150 percent of the cost of completing the
landscaping and exterior site improvements before the applicant shall obtain a building
permit.
9. The community design review board shall approve major changes to these plans. Minor
changes may be approved by staff.
Seconded by Councilmember Bartol Ayes-All
6. Afton Heights Park Wetland Restoration Order
a. City Manager Fursman presented the report.
b. Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Koppen directed the completion of the wetland restoration order as outlined in
the November 28, 2005 letter with the monies to be allocated from the park development fund.
It is further understood that staff will negotiate a resolution of the correction fees to pay back a
City Council Meeting 12-12-05
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portion of not all of the correction costs based on the SEH independent findings.
Seconded by Mayor Cardinal Ayes-All
M. COUNCIL PRESENTATIONS
1. Council Service-Councilmember Juenemann thanked Mayor Cardinal and
Councilmember Koppen for their support and service on the City Council.
th
2. Bloodmobile-Monday, December 19, 1:00 to 4:00 p.m. the Bloodmobile will be at City
Hall. Reservations can be made on the city website.
N. ADMINISTRATIVE PRESENTATIONS
1. The December 26, 2005 City Council Meeting has been cancelled.
Mayor Cardinal thanked all department heads and City Attorney Kelly for being so good at their
jobs.
O. ADJOURNMENT
Mayor Cardinal adjourned the meeting at 12:15 a.m.
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