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Home My WebLink About09-12-2011 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,September 12, 2011 Council Chambers, City Hall Meeting No.18-11 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at7:12p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent Marvin Koppen, CouncilmemberPresent James Llanas, CouncilmemberPresent John Nephew, CouncilmemberPresent D.APPROVAL OF AGENDA CouncilmemberLlanasmoved to approve the agenda as submitted. Seconded by Councilmember NephewAyes–All The motion passed. E.APPROVAL OF MINUTES 1.Approval of August 22, 2011, City Council Workshop Minutes CouncilmemberJuenemannmoved to approve theAugust 22, 2011, City Council Workshop Minutes as submitted. Seconded by Councilmember NephewAyes–All The motion passed. 2.Approval ofAugust 22, 2011, City Council MeetingMinutes Councilmember Juenemannmoved to approve theAugust 22, 2011, City CouncilMeeting Minutes as submittedwith the addition of the word Approve added to the motion for I1 Organized Trash Collection System Analysis –Update on Trash Collection Proposals and Approval of Budget for Next Phase of Analysis. Seconded by Councilmember LlanasAyes–All The motion passed. September 12, 2011 1 City Council MeetingMinutes 3.Approval of August 29, 2011, City Council Workshop Minutes Council Member Juenemann moved to approve the August 29, 2011, City Council Workshop Minutes as submitted. Seconded by Councilmember KoppenAyes–All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Approval of Resolution –Remembrance and Acknowledgement of Veterans and Public Safety Personnel Councilmember Juenemann added the following to the end of the resolution “and all those that serve us as first responders with enduring dedication.” Councilmember Juenemannmoved to approvethe Resolution in Remembrance and Acknowledgement of Veterans and Public Safety Personnel. Resolution 11-9-617 CITY OF MAPLEWOOD Remembrance and Acknowledgement of Veterans and Public Safety Personnel WHEREAS, the governing body of the City of Maplewood and its residents recognizes and remembers all veterans past and present, living and deceased and all public safety personnel (police, fire, emergency medical, emergency management and; especially our local departments and all victims of September 11, 2001 and their families and; WHEREAS, we all remember, respect and appreciate the great sacrifice of September 11, 2001, and the ongoing risk by public servants and militarypersonnel on our behalf; and WHEREAS, the City of Maplewood joined by resolution the national moment of remembrance on the 10th anniversary of September 11th; BE IT RESOLVED, that the governing body of the City of Maplewood with a few moments of silence acknowledgesand remembers all of those individuals that lost their lives on September 11, 2001and all those that serve us as first responders with enduring dedication. Approved this 12th day of September 2011. Seconded by Councilmember KoppenAyes–All The motion passed. G.CONSENT AGENDA Councilmember Juenemann movedto highlight agenda item G2Fall Clean-up Eventand pull item G3 Approval of Resolution of Appreciation for Lois Behm, Heritage Preservation Commissionfor separate acknowledgement. Councilmember Nephew moved highlightitem G9Approval to Accept Donation of Toys to Police Department. CouncilmemberJuenemann moved to approve agenda items 1,2,4-9. Seconded by Councilmember KoppenAyes–All The motion passed. September 12, 2011 2 City Council MeetingMinutes 1.Approval of Claims CouncilmemberJuenemannmoved to approve the Approval of Claims. ACCOUNTS PAYABLE: $216,850.13Checks # 85016 thru # 85075 dated 08/16/11 thru 08/23/11 $180,762.64Disbursements via debits to checking account dated 08/12/11 thru 08/19/11 $527,847.85Checks # 85079 thru # 85123 dated 08/25/11 thru 08/30/11 $317,066.06Disbursements via debits to checking account dated 08/17/11 thru 08/26/11 $880,237.38Checks # 85124 thru # 85155 dated 09/01/11 thru 09/06/11 $172,044.20Disbursements via debits to checking account dated 08/26/11 thru 09/02/11 $2,294,808.26Total Accounts Payable PAYROLL $517,908.80Payroll Checks and Direct Deposits dated 08/19/11 $2,375.01Payroll Deduction check # 9984833 thru # 9984835 dated 08/19/11 $516,138.72Payroll Checks and Direct Deposits dated 09/02/11 $2,375.01Payroll Deduction check # 9984861 thru # 9984863 dated 09/02/11 $1,038,797.54Total Payroll $3,333,605.80GRAND TOTAL Seconded by Councilmember KoppenAyes–All The motion passed. September 12, 2011 3 City Council MeetingMinutes 2.Fall Clean-up Event Assistant City Manager Ahl presented the report to the council. Councilmember Juenemann moved to approve the Fall Clean-up Event. Seconded by Councilmember KoppenAyes–All The motion passed. 3.Approval of Resolution of Appreciation for Lois Behm, Heritage Preservation Commission Mayor Rossbach gave a presentation to the council and asked Heritage Preservation Commissioner Behm to address the council and give them some background information. Councilmember Nephewmoved toapprove the Resolution of Appreciation for Lois Behm, Heritage Preservation Commission. Resolution 11-9-618 RESOLUTION OF APPRECIATION WHEREAS, Lois Behm has been taking minutes for the Maplewood Heritage Preservation Commission for sixteen years and one month since she volunteered as the Liaison to the HPC on June 7, 1995 and has served faithfully in that capacity; and WHEREAS, the Heritage Preservation Commission has appreciated her experience, insights and good judgment; and WHEREAS, Lois Behm has freely given of her time knowledge and energy, for the betterment of the City of Maplewood; and WHEREAS, Lois Behm has shown dedication to her duties and has consistently contributed her leadership and effortfor 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 Lois Behm is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on September 12, 2011 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Heritage Preservation Commission On August 11, 2011 Attest: ________________________________ Karen Guilfoile, City Clerk Seconded by Councilmember JuenemannAyes–All The motion passed. September 12, 2011 4 City Council MeetingMinutes 4.Approval of Resolution for Temporary Gambling Permit –North Star Chapter BCCA Councilmember Juenemannmoved toapprove the Resolution for Temporary Gambling Permit – North Star Chapter BCCA. RESOLUTION11-9-619 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the North Star Chapter BCCA (Brewery Collectible Club of America), 1060 McKnight Road, to be used onOctober 8, 2011 at Aldrich Arena, 1850 White Bear Avenue. 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. Seconded by Councilmember KoppenAyes–All The motion passed. 5.Approval of Fee Waiver Request for Maplewood/Oakdale Lions Councilmember Juenemannmoved toapprove theFee Waiver Request for Maplewood/Oakdale Lions. Seconded by Councilmember KoppenAyes–All The motion passed. 6.Approval of Resolution for Temporary Gambling Permit –Good Samaritan Society Councilmember Juenemannmoved toapprove theResolution for aTemporary Gambling Permit for Good Samaritan Society. RESOLUTION11-9-620 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Good Samaritan Society, 550 Roselawn Ave E, to be used on November 18, 2011at Good Samaritan Society, 550 Roselawn Ave E. 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. September 12, 2011 5 City Council MeetingMinutes Seconded by Councilmember KoppenAyes–All The motion passed. 7.County Road D, T.H. 61 to Hazelwood Street, Project 02-07 a.Approval of Resolution Directing Modification of Existing Contract, Change Order Numbers 41, 42, 43 and 44 Councilmember Juenemannmoved toapprove the Resolution Directing Modification of the Existing Contract, Change Order Numbers 41, 42, 43 and 44. RESOLUTION 11-9-621 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, CHANGE ORDER NUMBERS 41, 42, 43 and 44 CITY PROJECT 02-07 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 02-07, County Road D, T.H. 61 to Hazelwood Street, 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 02-07, Change Order Numbers 41, 42, 43, and 44. 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 Numbers 41, 42, 43, and 44 which is an increase of $28,285.09. The revised contract amount is $3,075,474.66 Approved this 12th day of September 2011. Seconded by Councilmember KoppenAyes–All The motion passed. b.Approval of Resolution Approving Final Payment and Acceptance of Project Councilmember Juenemannmoved toapprove the Resolution Approving Final Payment and Acceptance of the Project. RESOLUTION 11-9-622 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 02-07 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 02-07, County Road D, T.H. 61 to Hazelwood Street, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the County Road D, T.H. 61 to Hazelwood Street, City Project 02-07, is complete and recommends acceptance of the project. September 12, 2011 6 City Council MeetingMinutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1.City Project 02-07 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $3,009,576.14. Final payment to Shafer Contracting Company, Incorporated, and the release of any retainage or escrow is hereby authorized. Approved this 12th day of September 2011. Seconded by Councilmember KoppenAyes–All The motion passed. 8.Approval of Resolution Accepting State Aid Advancement Funds Councilmember Juenemannmoved toapprove the Resolution Accepting State Aid Advancement Funds. RESOLUTION 11-9-623 MUNICIPAL STATE AID STREET FUNDS ADVANCE RESOLUTION WHEREAS, the Municipality of Maplewood desires to receive partial and final payments on public improvements to our State Aid Street system which will require State Aid funds in excess of those available in its StateAid Construction Account, and WHEREAS, the advance is based on the following determination of expenditures: Account Balance as of September 12, 2011:$ 0 Less estimated disbursements for: Project 138-020-037 Project 138-020-038 Project 138-110-003 Project 138-111-003 Project 138-119-004 Project 138-148-001 Project 138-149-001 Project 138-121-003 Project 138-121-004 Project 138-112-005 Total Advancement Amount: $1,789,250 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b, and WHEREAS, the Municipality acknowledges advance funds are released on a first-come- first-serve basis and this resolution does not guarantee the availability of funds. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Projects of the Municipality of Maplewood in an amount up to $1,789,250. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality in accordance with the schedule herein indicated: September 12, 2011 7 City Council MeetingMinutes Repayment from entire future year allocations until fully repaid I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the Municipality of Maplewood, County of Ramsey, State of Minnesota, at a duly authorized Municipal Council Meeting held in the Municipality of Maplewood, Minnesota on the th 12day of September, 2011, as disclosed by the records of said Municipality on file and of record in the office. Municipality of Maplewood Municipal Clerk Seconded by Councilmember KoppenAyes–All The motion passed. 9.Approval to Accept Donation of Toys to Police Department Police Chief Thomalla presented the staff report. Councilmember Juenemannmoved toaccept the Donation of Toys to Police Department. Seconded by Councilmember KoppenAyes–All The motion passed. H.PUBLIC HEARING 1.Gladstone Area Redevelopment Improvements, Project 04-21 a.Assessment Hearing, 7:00 p.m. b.Approve Resolution for Adoption of Assessment Roll Mayor Rossbach reopened the public hearing.No one spoke. Councilmember Koppen moved toapprovethe Resolution for Adoption of Assessment Roll. RESOLUTION11-9-624A ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 25, 2011, calling for a Public Hearing on May 23, 2011, the assessment roll for the Gladstone Area Redevelopment Improvements, City Project 04-21, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Council opened and continued said Public Hearing from May 23, 2011 to June 27, 2011, and WHEREAS, the City Council opened and continued said Public Hearing from June 27, 2011 to July 11, 2011, and WHEREAS, the City Council opened and continued said Public Hearing from July 11, 2011 to July 25, 2011, and WHEREAS, the City Council opened and continued said Public Hearing from July 25, 2011 to August 22, 2011, and September 12, 2011 8 City Council MeetingMinutes WHEREA, the City Council opened and continued said Public Hearing from August 22, 2011 to September 12, 2001, and WHEREAS, one property owners, the Rand Corporation, filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: a.Such objection of Rand Corporation is hereby acknowledged as a previous landowner and thus is not considered valid based upon the current closing and development agreement; such that no revision to the proposed assessment shall be considered. b.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. c.The assessment roll for the Gladstone Area Redevelopment Improvements, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. d.Such assessments shall be payable in equal annual installments extending over a period of 20 years, the first installments to be payable on orbefore the first Monday in January 2012 and shall bear interest at the rate of 5.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2011. To each subsequent installment when due shall be added interest for one year on all unpaid installments. e.The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2011, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2011, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. f.The City Engineer and City Clerk shall forthwith after November 15, 2011, but no later than November 16, 2011, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. th Adopted by the Council on this 12day of September 2011. Seconded by Councilmember NephewAyes–All The motion passed. September 12, 2011 9 City Council MeetingMinutes I.UNFINISHED BUSINESS 1.Conditional Use Permit Review –The Shores at Lake Phalen, 940 Frost Avenue Councilmember Nephewmoved toextend the approval of the Conditional Use Permit for The Shores at Lake Phalen, 940 Frost Avenue. Seconded by Councilmember KoppenAyes–All The motion passed. J.NEW BUSINESS 1.Approval of Liquor License –White Bear Liquor, 2223 White Bear Avenue –Leatte Lovelace City Clerk Guilfoile presented the council with the staff report. Leatte Lovelace was present and answered questions of the council. CouncilmemberNephewmoved toapprovethe Off-Sale Liquor License for White Bear Liquor, 2223 White Bear Avenue -Leatte Lovelace. Seconded by MayorRossbachAyes–All The motion passed. 2.Conditional Use Permit Revision—Maplewood Toyota Service Entrance Addition, 2873 Maplewood Drive City Planer Ekstrand presented the council with the staff report; Planning Commissioner Boeser presented the council with the planning commission report; and Community Design Review Board member Shankarpresented the Community Design Review Board report. Present from Maplewood Toyota was Steve McDaniels whoaddressed and answered questions of the council. Councilmember Nephew moved to approvethe Conditional Use Permit Revision for Maplewood Toyota Service Entrance Addition, 2873 Maplewood Drive. RESOLUTION 11-9-624 CONDITIONAL USE PERMITRESOLUTION WHEREAS, Steve McDaniels of Maplewood Toyota, applied for a conditional use permit revision for a service entrance addition and pervious paver improvements. WHEREAS, this permit applies to property located at 2873 Maplewood Drive. The property identification number identifying this property is: 04-29-22-41-0006 WHEREAS, the history of this conditional use permit is as follows: 1.On August 16, 2011, the planning commission held a public hearing to review this proposal. 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. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve this permit. September 12, 2011 10 City Council MeetingMinutes 2.The city council held a public meeting on September 12, 2011, to review this proposal. The council considered the report and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVEDthat the city council approvethe above- described conditional use permit because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 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 no more than minimal adverse environmental effects. Approval is subject to the following conditions(additions are underlined and deletions are crossed out): 1.All construction shall follow the site plan date-stamped August 9, 2011.approved by the city. The director of community development may approve minor changes. 2.The proposed construction must be substantially started within one year of council approval or the conditional use permit revision for the service entrance addition and related site work shall end.or the permit shall end.The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.Beam Avenue shall not be used for loading or unloading. 5.The applicant shall be required to submit a drainage and utility plan to the city engineer for review and approval as noted in condition 2b on page 4 of the staff report. The city engineer shall require the applicant to implement storm water quality improvements into the final drainage and utility plan that shall include the addition of rainwater gardens, an improvement and regarding of the storm water outlet pond and other reasonable (as determined by the city engineer) storm water quality improvements such that the site begins to implement runoff standards typical to property within the shoreland district. If a reasonable agreement with the property owner cannot be achieved by the city engineer, this conditional use permit revision and design approval shall be returned to the city council for consideration. September 12, 2011 11 City Council MeetingMinutes The Maplewood City Council approved this resolution on September 12, 2011. Seconded by Councilmember KoppenAyes–All The motion passed. 3.Approval of Waiver to Wetland Ordinance –Wakefield Lake Experimental Storm Water Treatment Basin Public WorksDeputy Director Thompson presented the council with the staff report. Cliff Aichinger addressed and answered questions of the council. CouncilmemberLlanasmoved toapprove theWaiver to the Wetland Ordinance for Wakefield Lake Experimental Storm WaterTreatment Basinandalso the Memorandum of Understanding in the packet between the Watershed District and the City. Seconded by Councilmember JuenemannAyes–All The motion passed. Mayor Rossbach asked Boy Scout John Wolfgraham to address the council to talk about his assignment to attend the council meeting. 4.Preliminary Approval of Proposed Tax Levy Payable in 2012 and Setting Budget Public Hearing Date CouncilmemberRossbachmoved toapprove theMaximum Proposed Tax Levy Payable in 2012 at 2% and Set the Budget Public Hearing Date for December 5, 2011. Seconded by Councilmember KoppenAyes–Mayor Rossbach, Councilmembers Koppen and Nephew Nays–Councilmembers Juenemann and Llanas The motion passed. 5.Consider Authorizing EUF Funds for Investigation into City Dump Remediation Project Assistant City Manager Ahl presented the staff report and answered questions of the council. Councilmember Juenemannmoved toauthorize$24,000 from the EUF Funds for Investigation into City Dump Remediation Project. Seconded by Councilmember NephewAyes–All The motion passed. K.VISITOR PRESENTATIONS 1.Gaoly Yang, Maplewood 2.Bob Zick, North St. Paul September 12, 2011 12 City Council MeetingMinutes L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS 1. Recap of the Taste of Maplewood Citizen Services Director Guilfoile presented areport and answered questions of the council. N.COUNCIL PRESENTATIONS 1.Councilmember Juenemann announced that the Grand Reopening for the MCC is October 8, 2011. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at9:36p.m. September 12, 2011 13 City Council MeetingMinutes