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HomeMy WebLinkAbout12-12-2011MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, December 12, 2011 Council Chambers, City Hall Meeting No. 24 -11 0 A A C E. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:17 p.m. by Mayor Rossbach. PLEDGE OF ALLEGIANCE ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present APPROVAL OF AGENDA Councilmember Juenemann added M1 Appreciation to Council Presentations. City Manager Antonen added F4 Fish Creek Presentation to Appointments and Presentations. Mayor Rossbach added M2 Last Word to Council Presentations. Councilmember Llanas moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes — All The motion passed. APPROVAL OF MINUTES Approval of November 28, 2011 City Council Meeting Minutes F. Councilmember Juenemann moved to approve the November 28, 2011 City Council Meeting Minutes as submitted. Seconded by Councilmember Llanas Ayes — All The motion passed. APPOINTMENTS AND PRESENTATIONS 1. Presentation Of Plaque to Outgoing Councilmember Nephew From Ramsey County League Of Local Government and Presentation of Appreciation of Service from the Maplewood City Council (No Report) Mayor Rossbach gave an appreciation speech and presented a Certificate of Appreciation plaque from the Ramsey County League of Local Governments. Councilmember Nephew was also presented with a clock from the City of Maplewood, city council and city staff in appreciation of his service. December 12, 2011 City Council Meeting Minutes 2. Bryan Nagel (Maplewood Street /Storm Superintendent), Superintendent of the Year Award, Presented by Minnesota Public Works Association Deputy Public Works Director Thompson presented the staff report. Mark Hansen and Judd Genereaux presented Bryan Nagel with the Minnesota Public Works Association Superintendent of the Year Award. Public Works Street/Storm Superintendent Nagel accepted the Award and gave a speech of appreciation. 3. Commissioner Appointments a. Business & Economic Development Commission b. Planning Commission Assistant City Manager Ahl presented the staff report. Councilmember Nephew moved to approve the Resolution appointing Gary A. Kloncz to the Business & Economic Development Commission and Gary A. Pearson to the Planning Commission_ RESOLUTION 11 -12 -659 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Business & Economic Development Commission - Gary A. Kloncz, term expires September 30, 2014 Planning Commission - Gary A. Pearson, term expires December 31, 2014 Seconded by Councilmember Koppen Ayes — All The motion passed. 4. Fish Creek Presentation Ron Cockriel addressed the council and gave a presentation and presented a fish plaque to the City of Maplewood and a string of toy fish to Councilmember Nephew. G. CONSENT AGENDA Councilmember Llanas moved to hightlight consent agenda item G12 Resolution Accepting Donation from East St. Paul Parks Lions. Councilmember Nephew asked for some addition information on consent agenda item G2 Approval of 2012 SCORE Funding Grant Application. Councilmember Nephew moved to approve agenda items. Seconded by Councilmember Juenemann Ayes — All The motion passed. December 12, 2011 2 City Council Meeting Minutes 1. Approval of Claims Councilmember Nephew moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 219,639.40 Disbursements via debits to checking account dated 11/21/11 thru 11/25/11 $ 382,331.61 Checks # 85877 thru # 85987 dated 11/28/11 thru 12/6/11 $ 453,630.74 Disbursements via debits to checking account dated 11/28/11 thru 12/2/11 $ 1,055,601.75 Total Accounts Payable PAYRni I $ 511,124.96 Payroll Checks and Direct Deposits dated 11/25/11 $ 2,375.01 Payroll Deduction check # 9985563 thru # 9985565 dated 11/25/11 $ 513,499.97 Total Payroll $ 1,569,101.72 GRAND TOTAL Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. Approval of 2012 SCORE Funding Grant Application Environmental Planner Finwall presented the staff report and answered questions of the council. Councilmember Nephew moved to approve the 2012 SCORE Funding Grant Application in the amount of $78.753. Seconded by Councilmember Juenemann Ayes — All The motion passed. 3. Approval of Transfers to Close Funds for Capital Improvement Projects for 2011 Councilmember Nephew moved to approve the Transfers to Close Funds for Capital Improvement Projects for 2011 listed in the staff report. Seconded by Councilmember Juenemann Ayes — All The motion passed. 4. Approval of Transfers for 2011 Councilmember Nephew moved to approve the Transfers for 2011 listed in the staff report. December 12, 2011 3 City Council Meeting Minutes Seconded by Councilmember Juenemann Ayes — All The motion passed. 5. Approval of Fire Department to Purchase a Used Vehicle Councilmember Nephew moved approve the Expenditure of up to $30,000 for the Fire Department to Purchase a Used Vehicle. Seconded by Councilmember Juenemann Ayes — All The motion passed. 6. Approval to Purchase of Survey Truck and 1'/2 ton Truck Councilmember Nephew moved to approve to Enter into Contract with the Vendors Listed in the Staff Report for the Purchase of a Survey Truck and 1 Y2 ton Truck. Seconded by Councilmember Juenemann Ayes — All The motion passed. 7. Approval of Amendment No. 8 to Saint Paul Regional Water Service Agreement Councilmember Nephew moved to approve Amendment No. 8 to the Agreement between the St Paul Board of Water Commissioners and the Citv of Maplewood: and Authorize the Mavor and City Manager to Sign Amendment No. 8. Seconded by Councilmember Juenemann Ayes — All The motion passed. 8. Approval of Resolution Directing Schedule Extension, Change Order Number 1, Gladstone Phase I Improvements, City Project 04 -21 Councilmember Nephew moved to approve the Resolution Approving the Extension of the Project Schedule for the Gladstone Area Phase I Improvements, City Project 04 -21, and Authorize the Mayor and City Manager to Sign Change Order 1. RESOLUTION 11 -12 -660 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 04 -21, CHANGE ORDER NO. 1 — SCHEDULE EXTENSION WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 04 -21, Gladstone Area Phase I 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 -21, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: December 12, 2011 4 City Council Meeting Minutes 1. The mayor and city manager are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an extension of the project schedule from November 25, 2011 to June 30, 2012. Adopted by the Maplewood City Council on this 12th day of December 2011. Seconded by Councilmember Juenemann Ayes — All The motion passed. 9. Approval of Resolution Reducing Retainage on Existing Construction Contract, Western Hills Area Street Improvements, City Project 10 -14 Councilmember Nephew moved to approve the Resolution Directing the City Engineer to Reduce Retainage on the Existing Construction Contract for City Project 10 -14 to 1 %. RESOLUTION 11 -12 -661 DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 10 -14 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 10 -14, Western Hills Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, T.A. Schfisky and Sons, Inc., has requested, by written notice, a reduction in contract retainage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the retainage within the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5% to 1 %. Adopted by the council on this 12 day of December, 2011 Seconded by Councilmember Juenemann Ayes — All The motion passed. 10. Approval of Resolution for Implementation of Revenue Ruling 2004 -55 Arrangement used with the Employee Long -Term Disability Plan and Amending Disability Plan and Summary Plan Documents Councilmember Nephew moved to approve the Resolution for Implementation of Revenue Ruling 2004 -55 Arrangement used with the Employee Long Term Disability Plan, Amending Disability Plan and Summary Plan Documents, and the Summary Material Modification for Distribution to the Employees. RESOLUTION 11 -12 -662 WHEREAS, the City of Maplewood (hereafter the "City ") has an existing long -term disability (hereafter the "Plan ") for the exclusive benefit of its employees as part of the City's employee benefits package, and WHEREAS, the City now desires to designate the Plan as a Revenue Ruling 2004 -55 Arrangement. December 12, 2011 5 City Council Meeting Minutes WHEREAS, this Ruling will provide employees the choice for tax certainty for any disability benefits that may be received from the Plan. NOW THEREFORE BE IT RESOLVED THAT, effective the upcoming Plan year starting January 1, 2012 and all future Plan years, the Plan shall be and hereby is designated as a Revenue Ruling 2004 -55 Arrangement such that it shall be operated and maintained in accordance with all requirements of such Revenue Ruling 2004 -55; FURTHER RESOLVED, that the Plan be amended in the form attached hereto, referred to as a Summary of Material Modification, as required to comply with the provisions of Revenue Ruling 2004 -55; FURTHER RESOLVED, that the designated person(s) for the City is authorized and directed to take any other action deemed necessary or helpful to implement this resolution including amending the Disability and Summary Plan documents; FURTHER RESOLVED, that the City shall also provide the Summary of Material Modification document to all employees as part of their benefits package for the upcoming Plan year effective January 1, 2012 and all future Plan years. Seconded by Councilmember Juenemann Ayes — All The motion passed. 11. Approval of Resolution for the Insurance Labor - Management Committee's Recommendations for Employee Insurance Benefits for 2012 Councilmember Nephew moved to approve the Resolution for the Insurance Labor - Management Committee's Recommendation for Emolovee Insurance Benefits for 2012. RESOLUTION 11 -12 -663 Be it resolved that the Maplewood City Council hereby affirms the recommendations of Insurance Labor Management Committee regarding 2012 employee insurance benefits for the City of Maplewood. Approved this 12th day of December 2011. Seconded by Councilmember Juenemann Ayes — All The motion passed. 12. Resolution Accepting Donation From East St. Paul Parks Lion Natural Resources Coordinator Gaynor presented the staff report and answered the questions of the Council. Councilmember Nephew moved to approve the Resolution Accepting the Donation of Two Oak Trees Valued at $500 to the Maplewood Nature Center from East St. Paul Park Lions. RESOLUTION 11 -12 -664 ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of two large oak trees valued at $500 to the Maplewood Nature Center. December 12, 2011 6 City Council Meeting Minutes NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation to accept this donation. Seconded by Councilmember Juenemann Ayes — All The motion passed. 13. Governmental Accounting Standards Board (GASB) Statement 54 Implementation a. Adopt Fund Balance Policy b. Approve Resolution Committing Specific Revenue Sources in Special Revenue Funds Councilmember Nephew moved to Adopt the Fund Balance Policy and Approve the Resolution Committing Specific Revenue Sources in Special Revenue Funds. RESOLUTION 11 -12 -665 COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS WHERAS, the Governmental Accounting Standards Board's Statement #54 definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects; and, WHERAS, the term "proceeds of specific revenue sources" establishes that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund's revenues; and, WHERAS, investment earnings and transfers from other funds do not meet the definition of a specific revenue source; and, WHEREAS, council action is required to formalize the commitment of the specific revenue sources to specified purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that effective December 12, 2011, the specific revenue source of each special revenue fund and the specific purposes for which they are committed are as follows, less any amounts that are classified as nonspendable or restricted by their nature: The Maplewood Area EDA and Federal Grants Funds are not listed above because they are subject to externally enforceable legal restrictions and are classified as restricted. Seconded by Councilmember Juenemann Ayes — All The motion passed. December 12, 2011 City Council Meeting Minutes 7 Special Revenue Fund Charitable Gambling Tax Specific Revenue Sources Charitable Gambling taxes Committed For Charitable Gambling Tax requests Recreation Programs 100% of fund balance Recreation programming Police Services 100% of fund balance Police activities Tree Preservation 100% of fund balance Tree preservation activities Taste of Maplewood 100% of fund balance Community activities The Maplewood Area EDA and Federal Grants Funds are not listed above because they are subject to externally enforceable legal restrictions and are classified as restricted. Seconded by Councilmember Juenemann Ayes — All The motion passed. December 12, 2011 City Council Meeting Minutes 7 14. Hazelwood Street and County Road D East Vacation of Excess Right -of -Way a. Approval of Agreement and Easements b. Authorization for Recording of Quit Claim Deeds c. Approval of Revised Vacation Resolution Councilmember Nephew moved to approve the Agreement and Easements, Authorize for Recording of Quit Claim Deeds and Approve the Revised Vacation Resolution. RESOLUTION 11 -12 -666 VACATION RESOLUTION WHEREAS, the City applied for the vacation of the following: All those parts of the easterly 33.00 feet of the Northwest Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of the southerly 2,075.00 feet of said Northwest Quarter of Section 3, and the right -of -way of Hazelwood Avenue (formerly Fisher Avenue), as dedicated by DORLE PARK, Ramsey County, Minnesota, according to the recorded plat thereof, and the right -of -way of Hazelwood Avenue, as dedicated by LEGACY VILLAGE OF MAPLEWOOD, Ramsey County, Minnesota, according to the recorded plat thereof, which lies southeasterly of "Line 1" and westerly of "Line 2 ". Said "Line 1" and "Line 2" are described as follows: "Line 1" is parallel with and distant 60.00 feet southeasterly from the following described line: Commencing at the northeast corner of said Northwest Quarter of Section 3; thence on an assumed bearing of North 89 degrees 46 minutes 45 seconds East, along the north line of the Northeast Quarter of said Section 3, a distance of 535.77 feet to the point of beginning of said line to be described; thence southwesterly a distance of 908.99 feet along a non - tangential curve concave to the southeast having a radius of 850.00 feet, a central angle of 61 degrees 16 minutes 20 seconds, and the chord of said curve bears South 59 degrees 08 minutes 34 seconds West and said line to be described there terminating. "Line 2" is described as follows: Commencing at the northeast corner of said Northwest Quarter of Section 3; thence on an assumed bearing of South 01 degrees 06 minutes 59 seconds East, along the easterly line of said Northwest Quarter of Section 3, a distance of 612.53 feet; thence North 20 degrees 26 minutes 54 seconds East a distance of 62.57 feet; thence northerly and northwesterly a distance of 300.00 feet along a tangential curve concave to the west having a radius of 267.00 feet and a central angle of 64 degrees 22 minutes 38 seconds to the point of beginning of said "Line 2 "; thence southeasterly and southerly, along the previously described curve, a distance of 300.00 feet; thence South 20 degrees 26 minutes 54 seconds West a distance of 104.74 feet; thence southerly a distance of 94.09 feet along a tangential curve concave to the east having a radius of 250.00 feet and central angle of 21 degrees 33 minutes 53 seconds to the northerly line of the southerly 2,075.00 feet of said Northwest Quarter of Section 3 and said "Line 2" there terminating. WHEREAS, the history of this vacation is as follows: 1. On March 15, 2011, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2. On April 11, 2011, the city council considered reports and recommendations from the city staff and planning commission. December 12, 2011 8 City Council Meeting Minutes 3. On December 12, 2011 the city council considered vacation resolution revision to property description. WHEREAS, after the city approves this vacation, public interest in the property will go to the following property, which is indicated by its property identification number: PIN: 03- 29 -22 -21 -0004 NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described vacation for the following reasons: It is in the public interest and; 1. The city is not using the right -of -way for a public street. 2. The right -of -way is not needed for street access purposes as the adjacent properties have street access on the realigned Hazelwood Street and County Road D East. This vacation is subject to: 1. Comply with the requirements contained within Assistant City Engineer Steve Love's report dated March 22, 2011. The Maplewood City Council approved this resolution on April 11, 2011. Seconded by Councilmember Juenemann Ayes — All The motion passed. H. PUBLIC HEARING None. I. UNFINISHED BUSINESS Trash Collection System Analysis — Adopt "Findings of Facts" about the City's Trash Collection System Analysis and Implementation Schedule for Maplewood Trash Plan Environmental Planner Finwall presented the staff report. City Attorney Kantrud answered questions of the council. RESOLUTION 11 -12 -667 CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF FINDINGS OF FACT FOR MAPLEWOOD'S ORGANIZED TRASH COLLECTION PLAN WHEREAS, Maplewood has an open trash collection system with nine residential trash haulers licensed in the city in 2011. WHEREAS, Minnesota Statute, Section 115A.94, Subdivision 4(a) requires a city adopt a resolution of intent to organize trash collection before implementing an ordinance, franchise, license, contract or other means of organizing collection. WHEREAS, Minnesota Statute, Section 115A.94, Subdivision 4(b) requires a city to hold a public hearing prior to adopting the resolution of intent to organize trash collection. December 12, 2011 9 City Council Meeting Minutes WHEREAS, on March 28, 2011, the Maplewood City Council held a public hearing to take testimony from interested persons, including persons licensed to operate solid waste collection services in the city, prior to the adoption of a resolution of intent to organize trash collection. WHEREAS, on March 28, 2011, after the required public hearing specified above, the City Council adopted a resolution of intent to organize trash collection for the following reasons: 1. To begin a planning process. 2. To initiate additional public participation. 3. To evaluate all trash collection system options, including evaluating the city's current open trash collection system for potential improvements. WHEREAS, on March 28, 2011, after adoption of the resolution of intent to organize as specified above, the City Council specified the following goals for the city's trash collection system evaluation process as follows: a) Economic b) Service C) Environmental d) Safety e) Efficiency f) Planning Process g) Aesthetics h) Hauler Impacts WHERAS, Minnesota Statutes 115A.94, Subdivision 4(c) requires the city to follow a minimum 90 day planning period following the resolution of intent to supervise the development of plans or proposals for organized collection. WHEREAS, the city's 90 day planning period per Minnesota Statutes 115A.94, Subdivision 4(c) began on March 29, 2011. WHEREAS, as part of the trash collection system analysis planning process, the City Council authorized the release of a Request for Proposal for residential trash collection on July 11, 2011. WHEREAS, the City's deadline for submittal of proposals to the RFP was August 19, 2011, at which time the City received six responses to the RFP from the following companies (listed in alphabetical order): 1. Allied Waste Services 2. Dick's Sanitation, Inc. 3. Highland Sanitation and Recycling 4. Tennis Sanitation, LLC 5. Walters Recycling and Refuse, Inc. 6. Waste Management, Inc. WHERAS, Minnesota Statutes 115A.94, Subdivision 4(d) requires the city to follow a minimum 90 day negotiation period following the planning period to discuss possible organized collection arrangements with all licensed collectors operating in the city who have expressed interest. WHEREAS, the city's 90 day negotiation period as required by Minnesota Statutes 115A.94, Subdivision 4(d) began on August 19, 2011. December 12, 2011 10 City Council Meeting Minutes WHEREAS, on September 13, 2011, the Trash Hauling Working Group met to review and rank the proposals based on the evaluation criteria specified in the RFP. Allied Waste Services was chosen as the top ranked proposer. WHEREAS, on October 10, 2011, the City Council authorized staff to negotiate a draft contract with Allied Waste Services for City -Wide Residential Trash Collection (hereinafter "Contract "). WHEREAS, on November 28, 2011, the City Council authorized final negotiations and execution of the Contract between the City of Maplewood and Allied Waste Services. WHEREAS, Minnesota Statutes, Section 115A.94, Subdivision 4(e), requires that the city make specific findings that describe in detail the procedures it used to plan and to attempt implementation of organized collection through an arrangement with collectors who expressed interest; and evaluate the proposed organized collection method based on standards including: achieving the stated organized collection goals of the city; minimizing displacement of collectors; ensuring participation of all interested parties in the decision - making process; and maximizing efficiency in solid waste collection. WHEREAS, the City Council adopts the staff report dated December 6, 2011, and titled "Trash Collection System Analysis — Adopt Findings of Facts about the City's Trash Collection System" in its entirety regarding the detailed process undertaken in the trash collection system analysis. WHEREAS, the City Council makes the following findings of fact regarding the City's organized trash collection system: The single - hauler Contract with Allied Waste Services will achieve the city's stated organized collection goals and provide the following benefits to the City: • Increased efficiency enabling a lower cost per household • Decreased impacts from truck traffic • Decreased fuel consumption • Ability to standardize service (e.g., automated collection with standard carts) • Makes public education simpler • Ability to provide access to special service needs at known, controlled costs • Volume -based pricing (i.e., "Pay As You Throw ") to achieve waste abatement goals • Improved control over residents actually using garbage service • Ability to set specifications on the size and quality of trucks used Ability to competitively bid service on a regular basis helping promote lower costs • Builds on the strengths of both the government and private sectors through a contract • Positive, working partnership approach can provide very high quality services NOW THEREFORE BE IT RESOLVED, the City Council adopts the above - mentioned findings of fact and the detailed process as outlined in the December 6, 2011, staff report and hereby authorizes staff to draft a solid waste management ordinance based on the Allied Waste Services Contract and engage in organized city -wide residential trash collection with Allied Waste Services for that service. Adopted this 12 Day of December, 2011. December 12, 2011 11 City Council Meeting Minutes Councilmember Nephew moved to approve the Resolution Adopting Findings of Fact about the City's Trash Collection System Analysis per Minnesota Statute, Section 115A.94, Subdivision Seconded by Mayor Rossbach Ayes — Mayor Rossbach, Councilmembers Juenemann, Llanas and Nephew Nays - Councilmember Koppen The motion passed. J. NEW BUSINESS Conditional Use Permit Revision and Design Review, St. Paul Hmong Alliance Church, 1770 McMenemy Street (Simple Majority Vote Required) City Planner Ekstrand present the staff report and answered questions of the council. Staff Engineer Kummer answered questions of the council. Planning Commissioner Al Bierbaum addressed the council and gave the Planning Commission report and answered questions of the council. Puneex Vedi from Vedi Associates addressed and answered questions of the council. Jason Lamers from the Community Design Review Board addressed the council and gave the report from the Community Design Review Board. Councilmember Llanas moved to approve the Resolution for the Conditional Use Permit Revision and Design Review, St. Paul Hmong Alliance Church, 1770 McMenemy Street with Amendments made by Mayor Rossbach. RESOLUTION 11 -12 -668 Conditional Use Permit Revision Conditions and Resolution as made by the City Council on 12 12 11 for the St. Paul Hmong Alliance Church Church Expansion Proposal A. Adopt the resolution revising the conditional use permit for the church at 1770 McMenemy Street. This permit is based on the standards for approval required by the code and subject to the following conditions: 1. All construction shall follow the site plan approved by the city date - stamped October 26, 2011, subject to any conditions required by the Community Design Review Board upon their review of plan revisions to be submitted by the applicant. Staff may approve minor changes. This approval includes the parking lot expansion, the new driveway to DeSoto Street and the proposed building additions. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The applicant shall regularly maintain the grounds and pick up all debris as well as maintain the decorative wood screening fences. 4. The city council shall review this permit in one year. 5. The city council may require the church to limit seating capacity in the main sanctuary if a parking shortage develops. 6. The city council may require the church to make changes to the site, if the council deems it necessary or prudent, during future reviews of the conditional use permit. December 12, 2011 12 City Council Meeting Minutes 7. The church shall provide a six - foot -tall, solid decorative wood fence, or an equivalent buffer that complies with the city code requirements, to screen the parking lots on the south, west and east sides of the site. Staff will consider a reduction in the number of trees in lieu of the screening fence. The screening plans shall take into account the grade of the site and that of the adjacent properties. 8. The gate at the proposed DeSoto Street entrance must be closed at all times, except for Sundays and during holiday services. The applicant shall provide an annual schedule at the first of each year to the property owners along DeSoto Street indicating the days and times the DeSoto Street driveway will be ungated and open for church use. This schedule must indicate dates, other than Sundays, that the applicant would plan to open the gate for access. B. Approve the plans date - stamped October 26, 2011, along with any subsequent conditions by the community design review board upon their review of the required plan revisions by the applicant, for the parking lot expansion, new driveway and building additions at the St. Paul Hmong Alliance Church, 1770 McMenemy Street. The property owner shall meet the following conditions: 1. Repeat this review in two years if the city has not issued a permit for this expansion. 2. Before getting a grading and building permit, the applicant shall provide the community design review board with: a. A revised site and landscape plan that shows the following: (1) The applicant shall submit a revised landscape plan that lists the plantings proposed in the basins. The plan should specify the number, species, and size of plantings. (2) The applicant must submit a revised landscape plan showing the size of the replacement trees. This plan must comply with the requirements of the tree ordinance. (3) Landscaped islands within the parking lot planted with trees. (4) Building elevations which identify the proposed building materials at a sufficient scale to depict architectural details such as seems in building materials. (5) Location of the underground irrigation system as required by code. (6) A plan for the installation of a six - foot -tall, solid wood screening fence on the south, west and east sides of the site, or an equivalent buffer that would meet code requirements, where the parking lot abuts residential properties. Staff will consider a reduction in the number of trees in lieu of the screening fence. The screening plans shall take into account the grade of the site and that of adjacent properties. (7) Verification that all setback requirements would be met, specifically, providing a 100 -foot building setback from the north property line. b. Provide a grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet ordinance requirements and all the plans shall meet the requirements of the city engineer. December 12, 2011 13 City Council Meeting Minutes c. A trash container enclosure plan. The trash enclosure must be compatible with the building and include a 100 percent opaque gate. 3. Resod the lawn that is disturbed by construction activities. 4. Construct the required trash container enclosure. 5. Install a stop sign and speed bumps on the new driveway to DeSoto Street. 6. Before obtaining permits for grading and construction, the applicant shall provide staff with a check or an irrevocable letter of credit in the amount of 125 percent of completing landscaping and site improvements. 7. All work shall follow the approved plans. Staff may approve minor changes. 8. Comply with all requirements of the city's engineering report dated November 11, 2011 by Steve Kummer, staff engineer. 9. Comply with all requirements of the assistant fire chief and building official. The Maplewood City Council approved this resolution on December 12, 2011. Seconded by Councilmember Juenemann Ayes — All The motion passed. Mayor Rossbach called for a 10 minute recess. K. VISITOR PRESENTATIONS 1. Mark Bradley, Maplewood 2. Bob Cardinal, Maplewood 3. John Wykoff, Maplewood 4. Tim Kinley, Maplewood L. AWARD OF BIDS None. M. ADMINISTRATIVE PRESENTATIONS 1. Six -Month Review of Myth Nightclub Chief Police Thomalla presented the staff report. N. COUNCIL PRESENTATIONS 1. Appreciation Councilmember Juenemann thanked the citizens, commissioners and staff for their work through the year and wished them all a wonderful Holiday Season. In closing, she thanked councilmember Nephew for his service to the city the last four years. Councilmember Llanas gave his thanks and appreciation to councilmember Nephew for his time and energy to the council. December 12, 2011 14 City Council Meeting Minutes 2. Last Word Mayor Rossbach had the "Last Word" with giving the open mic to councilmember Nephew to have the last word. Councilmember Nephew stated that he enjoyed his term while it came at a cost there were also many rewards. He encouraged citizens to become involved in city government either as a volunteer or a commissioner and thanked his fellow council members and city staff for their service. O. ADJOURNMENT Mayor Rossbach adjourned the meeting at 9:38 p.m. December 12, 2011 15 City Council Meeting Minutes