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HomeMy WebLinkAbout06-25-2012 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,June 25,2012 Council Chambers, City Hall Meeting No.11-12 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at7:02p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Robert Cardinal, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Marvin Koppen, CouncilmemberPresent James Llanas, CouncilmemberPresent D.APPROVAL OF AGENDA M1.Shared Vision M2.Missing Trash Cans M3.White House Proclamation Councilmember Llanas moved to approve the agenda as amended. Seconded by Councilmember JuenemannAyes–All The motion passed. E.APPROVAL OF MINUTES 1.Approval of June4, 2012 City Council Workshop Minutes Councilmember Juenemannmoved to approve the June 4, 2012City Council Workshop Minutes as submitted. Seconded by Councilmember LlanasAyes–All The motion passed. 2.Approval of June 11, 2012City Council WorkshopMinutes Councilmember Llanasmoved to approve the June 11, 2012City Council WorkshopMinutesas submitted. Seconded by Councilmember JuenemannAyes–All The motion passed. June 25, 2012 1 City Council MeetingMinutes 3.Approval ofJune 11, 2012 City Council MeetingMinutes Mayor Rossbachmoved to approve the June 11,2012City Council MeetingMinutes as submitted. Seconded by Councilmember LlanasAyes–All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Fire Department Swearing in Ceremony for Tony Bigelbach, Paul Eaton, Mike Hagen, Rochelle Hawthorne, Chad Jansen, Ladd Miller, Nathan Rank, Paul Rank and Tim Wessels Fire Chief Lukin presented that staff report andintroduced Paul Eaton, Mike Hagen, Rochelle Hawthorne, Chad Jansen, Ladd Miller, Nathan Rank, Paul Rank and Tim Wessels. Due to prior commitments, some of the Fire Fighters were unable to attend the meeting and will be sworn in at a later council meeting. City Clerk Guilfoile administered the firefighter’s oath to Chad Jansen, Ladd Miller, Paul Rank, Nathan Rank and Rochelle Hawthorne. 2.Presentation of FireDepartment Life Safety Awards Fire Chief Lukin presented the staff report. 3.Acceptance of the Minnesota Resuscitation Consortium Grant Assistant FireChief Mondor presented the staff report and answered questions of the council.Kim Heartkins, Program Manager from the Minnesota Resuscitation Consortium was present and addressed the council. Councilmember Juenemann moved to acceptthe Grant from the Minnesota Resuscitation Consortium. Seconded by Councilmember KoppenAyes–All G.CONSENT AGENDA Councilmember Juenemann requested to pull agenda item G5 for questions and possible discussion; and agenda items G9, G10and G11. Councilmember Juenemann moved to approve agenda itemsG1-G4 and G6-G12. Seconded by Councilmember KoppenAyes–All The motion passed. 1.Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. June 25, 2012 2 City Council MeetingMinutes ACCOUNTS PAYABLE: $ 554,745.36 Checks # 87203 thru # 87262 dated 6/6/12 thru 6/12/12 $ 245,135.94 Disbursements via debits to checking account dated 6/4/12 thru 6/8/12 $ 577,944.01 Checks # 87263 thru # 87320 dated 6/12/12 thru 6/19/12 $ 444,683.56 Disbursements via debits to checking account dated 6/11/12 thru 6/15/12 $ 1,822,508.87 Total Accounts Payable PAYROLL $ 518,140.58 Payroll Checks and Direct Deposits dated 6/8/12 $ 2,200.89 Payroll Deduction check # 9986887thru # 9986890 dated 6/8/12 $ 520,341.47 Total Payroll $ 2,342,850.34 GRAND TOTAL Seconded by Councilmember KoppenAyes–All The motion passed. 2.Conditional Use Permit Review for Auto Sales by Fleet Associates, Inc at 2495 Maplewood Drive Councilmember Juenemannmoved toApprove to Review the Conditional Use Permit for Fleet Associates, Inc. at 2495 Maplewood Drive again only if a problem arises or a major change is proposed. Seconded by Councilmember KoppenAyes–All The motion passed. 3.Ordinance Amendment Regarding Variances for Metal Storage Buildings, Section 12- 5 (d)—Second Reading Councilmember Juenemannmoved toapprove the Second Reading of the Ordinance Amendment regarding Variances for Metal Storage Buildings, Section 12-5 (d). ORDIANANCE 922 AN ORDINANCE AMENDMENT CONCERNING VARIANCES TO THE METAL STORAGE BUILDING ORDINANCE The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. Section 12-5 (d) of the Maplewood Code of Ordinances is hereby amended as follows: June 25, 2012 3 City Council MeetingMinutes Sec. 12-5. Metal Storage Buildings. (d) The city council may hear requests for variances from the literal provisions of this section when the strict enforcement of this section would cause undue hardship because of circumstances unique to the individual property under consideration and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the section. The term “undue hardship,” as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls, and the plight of the landowner is due to circumstances unique to his property, not created by the landowner, and variance from this section, if granted, will not alter the essential character of the locality. (d) The city council may grant variances to the requirements of this section. All variances must follow the requirements provided in Minnesota State Statutes. Section 2. Thisordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on June 25, 2012. Seconded by Councilmember KoppenAyes–All The motion passed. 4.Ordinance Amendment Regarding Variances for Commercial Use Antennas and Towers, Section 44-1334—Second Reading Councilmember Juenemannmoved to approve the Second Reading of the Ordinance Amendment Regarding Variances for Commercial Use Antennas and Towers, Section 44-1334. ORDINANCE 923 AN ORDINANCE AMENDMENT CONCERNING VARIANCES TO THE COMMERCIAL USE ANTENNAS AND TOWERS ORDINANCE The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. Section 44-1334 of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 44-1334. Variances. (a)The city council may grant variances to the requirements of this article. All variances must follow the requirements provided in Minnesota State Statutes.Minn. Stats.ch 462. For variances regarding antennas and towers, the applicant must show the city the following: (1)There are unique circumstances or characteristics peculiar to the property and this article would inflict undue hardship on the property owner or applicant. (2)The property cannot be developed or put to a reasonable use by strictly conforming with this code. (3)The applicant or property owner did not create or cause the hardship. June 25, 2012 4 City Council MeetingMinutes (4)The proposed variance will not alter the essential character of the area or the zoning district. (5)The proposed variance is the minimum variance that will afford relief from the standards of this code. (6)The variance would be in keeping with the spirit and intent of thisarticle. (b)The applicant for a variance for an antenna or tower-related matter shall submit, with the variance application and any other required materials, a statement showing how the proposal would meet the findings for variance approval.the findings insubsection (a) of this section. Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on June 25, 2012. Seconded by Councilmember KoppenAyes–All The motion passed. 5.Approval of Potentially Dangerous Dogs and Dangerous Dogs License Fees City Clerk Guilfoile presented the staff report and answered questions of the council. Councilmember Juenemannmoved toapprove the License Fees of $150 for Dangerous Dogs and $100 for Potentially Dangerous Dogs. Seconded by Councilmember LlanasAyes–All The motion passed. 6.Resolution Approving Cooperative Agreement with DNR for Gateway Trail Connection, Gladstone Area Redevelopment Improvements –Phase 1, Project 04-21 CouncilmemberJuenemannmoved to approve theResolution Approving the Cooperative Agreement with DNR for Gateway Trail Connection, Gladstone Area Redevelopment Improvements –Phase 1, Project 04-21. RESOLUTION 12-6-747 AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES GATEWAY STATE TRAIL CONNECTION WHEREAS, the Commissioner of Natural Resources has the authority, duty and responsibility under Minnesota Statutes85.015, sub. 15, to establish, develop, maintain and operate the Willard Munger State Trail System which includes the Gateway State Trail Segment; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise common powers; and WHEREAS, the State owns land described as: Section 16, Township 29N, Range 22W, Ramsey County; and June 25, 2012 5 City Council MeetingMinutes WHEREAS, the State and City have determined that providing municipal trail connection to the Gateway State Trail from the City of Maplewood’s Flicek Park is of high priority; and WHEREAS, the City shall design, manage, construct and administer the municipal trail connection to the Gateway State Trail, as established hereinafter referred to as the “Trail Connection”; and WHEREAS, upon completion, the Trail Connection shall be the sole responsibility of the City; and NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the general public, the parties agree to the terms ofthe Cooperative Agreement attached hereto. Seconded by Councilmember KoppenAyes–All The motion passed. 7.Resolution Requesting Ramsey County to Restrict Parking on Edgerton Street (C.S.A.H. 58) Between Larpenteur Avenue and Highway 36 CouncilmemberJuenemannmoved toapprovethe Resolution Requesting Ramsey County to Restrict Parking on Edgerton Street (C.S.A.H. 518) Between Larpenteur Avenue and Highway 36. RESOLUTION12-6-748 REQUESTING RAMSEY COUNTY TO RESTRICT PARKING ON EDGERTON STREET (C.S.A.H. 58) BETWEEN LARPENTEUR AVENUE AND HIGHWAY 36 Resolution Requesting Ramsey County to Restrict Parking on Edgerton Street (C.S.A.H. 58) between Price Street and Highway 36. WHEREAS, Edgerton Street is a Ramsey County State Aid Route, and WHEREAS, the County of Ramsey is expending County State Aid Funds on the resurfacing of Edgerton Street, and WHEREAS, this improvement does not provide adequate width for parking on the street; and approval of the proposed construction as a County State Aid Street must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Maplewood hereby requests Ramsey County to ban parking at all times on Edgerton Street between Larpenteur Avenue and TH 36, except for the portion on the east side between Larpenteur Avenue and Price Avenue, and except for the portion on the east side 300 feet to 380 feet north of Kingston Avenue, and except for the portion on the west side 230 feet to 300 feet north of Kingston Avenue. th Adopted by the council on this 25day of June 2012. Seconded by Councilmember KoppenAyes–All The motion passed. June 25, 2012 6 City Council MeetingMinutes 8.Hills and Dales Area Street Improvements, Project 09-15 a.Resolution Directing Modification of Existing Construction Contract, Change Order No. 5 b.Resolution Approving Final Payment and Acceptance of Project Councilmember Juenemannmoved to approve the ResolutionDirecting Modification of Existing Construction Change Order No. 5for the Hills and Dales Area Street Improvements, City Project 09-15. RESOLUTION12-6-749 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09-15, CHANGE ORDER NO.5 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-15, Hills and Dales 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 09-15, Change Order No. 5 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. 5 which is $65,231.70 The revised contract amount is $5,507,269.52 th Approved this 25day of June 2012. Seconded by Councilmember KoppenAyes–All The motion passed. Councilmember Juenemannmoved to approve the Resolution Approving Final Payment and Acceptance of Project for the Hills and Dales Area Street Improvements, City Project 09-15. RESOLUTION12-6-750 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT PROJECT 09-15 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 09-15, the Hills and Dales Area Street Improvements, 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 Hills and Dales Area Street Improvements, City Project 09-15, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1.City Project 09-15 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $5,503,412.09. Final payment to T.A. Schifsky June 25, 2012 7 City Council MeetingMinutes and Sons, Inc., Incorporated, and the release of any retainage or escrow is hereby authorized. th Approved this 25day of June 2012. Seconded by Councilmember KoppenAyes–All The motion passed. 9.Approval of Purchase for Construction Services for Edgerton Pond Force Main, July th 16Storm Clean-up and Investigation, City Project 11-19 City Engineer/Deputy Public Works Director Thompson presented the staff report. Councilmember Juenemannmoved to approve the Purchaseof Construction Services from St. Paul Regional Water Services for Installation of Edgerton Pond Force Main Drainage Basin, City Project 11-19. Seconded by Councilmember KoppenAyes–All The motion passed. 10.Approval of Resolution to Adopt State Performance Measures Assistant City Manager Ahl presented the staff report. Councilmember Juenemannmoved to approve the Resolution to Adopt State Performance Measures. RESOLUTON12-6-751 Resolution AdoptingState Performance Measures WHEREAS, the Minnesota Legislature created a Council on Local Results and Innovation; and WHEREAS, participation in the program may assist the City of Maplewood in improving service delivery and enhancing communication with residents; BE IT RESOLVED THAT the City does hereby adopt and will implement the minimum 10 performance measures developed by the Council on Local Results and Innovation; the City has implemented a local performance measurement system; the City will survey its residents by the end of the calendar year on the services included in the performance benchmarks; the City will report the results of the 10 adopted measure to its residents before the end of the calendar year through publication, posting on the entity’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. Seconded by Councilmember KoppenAyes–All The motion passed. June 25, 2012 8 City Council MeetingMinutes 11.Approval of Resolution for Grant Request on East Metro Public Safety Facility Fire Chief Lukin presented the staff report. Councilmember Juenemannmoved to approve theResolution Approving the Grant Request to the Minnesota Department of Employment and Economic Development for the East Metro Public Safety Facility. RESOLUTION12-6-752 BUSINESS DEVELOPMENT CAPITAL PROJECTS GRANT PROGRAM WHEREAS the City of Maplewood will act as the legal sponsor for project contained in the Business Development Capital Projects Grant Program Application to be submitted on June 26, 2012 and that the City Manager and the Mayor are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Maplewood, and WHEREAS the City of Maplewood has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its useful life, and WHEREAS the City of Maplewood has not violated any federal, state, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice, and WHEREAS upon approval of its application by the state, the City of Maplewood may enter into an agreement with the State of Minnesota for the above-referenced project(s), and the City of Maplewood certifies that it will comply with all applicable laws and regulations as stated in all contract agreements, and WHEREAS all non-state funding is committed and available and meets or exceeds the requirement that the non-state match equal or exceed the state funding, and WHEREAS the City of Maplewood certifies that it will comply with all applicable laws, regulations, and rules of General Obligation bond funds, NOW, THEREFORE BE IT RESOLVED that the City Manager and theMayor, or their successors in office, are hereby authorized to execute such agreements and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. Seconded by Councilmember KoppenAyes–All The motion passed. 12.2012Pay Rates for Temporary/Seasonal, Casual Part-time Employees Councilmember Juenemannmoved to approve theResolution for 2012 Pay Rates for Temporary/Seasonal, Casual Part-time Employees. RESOLUTION12-6-753 June 25, 2012 9 City Council MeetingMinutes 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. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time (14 hours or fewer/wk) employees effective January 1, 2012 upon Council approval. Accountant$10.00-30.00per hour Accounting Technician$9.00-22.00per hour Administrative Assistant$9.00-23.00per hour Background Investigator$25.00-35.00per hour Building Inspector$14.00-35.00per hour Building Attendant$7.25-15.00per hour Customer Service Assistant$7.25-15.00per hour CSO$8.00-16.00per hour Data Entry Operator$8.00-12.00per hour Election Judge$7.25-12.00per hour Election Judge -Assistant Chair$9.00-15.00 perhour Election Precinct Chair$9.00-16.00per hour Engineering Aide$7.00-16.00per hour Engineering Technician$10.00-16.00per hour Fire Maintenance/Engineer **$14.14per hour Firefighter-in-Training (new hire) **$10.10per hour Firefighter/EMT **$12.12per hour Firefighter/Paramedic **$13.13per hour Firefighter/EMT Captain **$14.14 per hour Firefighter/Paramedic Captain **$15.15per hour Battalion Chief **$16.16per hour Intern$7.25-20.00per hour IT Technician$15.00-20.00per hour Laborer$7.25-14.00per hour Lifeguard$7.25-14.00per hour Manager-on-Duty Differential$1.00per hour Office Specialist$8.50-18.00per hour Receptionist$8.00-16.00per hour Recreation Instructor/Leader$7.25-32.00per hour Recreation Official$7.25-30.00per hour Recreation Worker$7.25-18.00per hour Theater Technician$20.00-30.00per hour Vehicle Technician$9.00-15.00per hour Video Coordinator*$11.00-19.00per hour Video Technician*$10.00-18.00per hour Water Safety Instructor (WSP)Differential $2.00per hour Head Lifeguard (HG) Differential$1.00per hour Water Safety Aide (WSA) Differential$.50per hour *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. ** Fire Department positions shall receive a $2 per hour differential for working the following th holidays: New Year’s Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day. June 25, 2012 10 City Council MeetingMinutes BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by Councilmember KoppenAyes–All The motion passed. H.PUBLIC HEARING 1.East Metro Public Safety Training Facility, City Project 09-09 a.Public Hearing 7:00 pm b.Resolution Ordering Improvement after Public Hearing (4 Votes) c.Resolution Approving Plans and Specifications and Advertising for Bids d.Resolution Ordering Preparation of Assessment Roll City Engineer/Deputy Public Works Director presented the staff report and answered questions of the council. Ron Leaf, Water Resources Engineer with SEHaddressed and answered questions of the council. Dale Trippler, representing the Planning Commission and Environmental Natural Resource Commission addressed the council and presented the commission reports and answered questions of the council. Mayor Rossbach opened the public hearing. The following people spoke: 1.Bob Zick, North St. Paul Resident 2.BenFrenzen, Maplewood Resident 3.Gene Tschida. Maplewood Resident Mayor Rossbach closed the public hearing. Councilmember Koppenmoved to approve the Resolution Ordering Improvement after Public Hearingfor the East Metro Public Safety Training Facility, City Project 09-09. RESOLUTION12-6-754 ORDERING IMPROVEMENT th WHEREAS, a resolution of the city council adopted the 14dayof May 2012, fixed a date for a council hearing on the proposed improvements for the East Metro Public Safety Training Facility Improvements, City Project 09-09. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 25, 2012, 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.Thatit is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the East Metro Public Safety Training Facility Improvements, City Project 09-09. th 2.Such improvement is hereby ordered as proposed in the council resolution adopted the 25 day of June, 2012. June 25, 2012 11 City Council MeetingMinutes 3.The City’s consultant engineer, SEH, Inc., is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of saidimprovement as previously directed by the city council at the May 14, 2012 council meeting. 4.The finance director was authorized to make the financial transfers necessary to implement the financing plan for the project by the city council at the May 14, 2012 council meeting. A project budget of $4,335,000 was established. The approved financing plan is as follows: 1STATE BONDING BILL GRANT$3,000,000 2RAMSEY CO ERF GRANT$450,000 3CITY EUF FUND$250,000 4CITY CIP FUND$250,000 5EAST METRO JPA–SPECIAL ASSESSMENT$175,000 6MNDOT/MSA STREET ACCOUNT$55,000 7ST PAUL REGIONAL WATER SERVICES$55,000 8SANITARY SEWER FUND$50,000 9ST PAUL WAC FUND$50,000 TOTAL PHASE 1$4,335,000 th Approved this 25day of June 2012 Seconded by Councilmember CardinalAyes–All The motion passed. Councilmember Koppenmoved to approve the Resolution Approving Plans and Specifications and Advertising for Bidsfor the East Metro Public Safety Training Facility, City Project 09-09. RESOLUTION12-6-755 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on May 14, 2012 plans and specifications for the East Metro Public Safety Training Center Improvements, City Project 09-09, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city engineer. 2.The city clerk or office of the city engineer shall prepare and cause to be inserted in the official paper and in the Construction Bulletinan advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 20th day of July, 2012, at city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. June 25, 2012 12 City Council MeetingMinutes The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of July 23, 2012. Seconded by Councilmember CardinalAyes–All The motion passed. Councilmember Juenemannmoved to approve the Resolution Ordering Preparation of Assessment Rollfor the East Metro Public Safety Training Facility, City Project 09-09. RESOLUTION12-6-756 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for theEast Metro Public Safety Training Center Improvements, City Project 09-09, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember CardinalAyes–All The motion passed. I.UNFINISHED BUSINESS 1.East Metro Public Safety Training Center, Located at Century Avenue South of Holloway Avenue. Approvals Requested for: a.Comprehensive Plan Amendment to G (Government) b.Conditional Use Permit for a Planned Unit Development c.Design Review d.Wetland Map Amendment City Planner Ekstrand presented the staff report and answered questions of the council. Ron Leaf with SEH, Inc. addressed and answered questions of the council. Dale Trippler representing the Environmental Natural Resource Commission addressed the council and presented the commission report and answered questions. Councilmember Llanasmoved to approve the Resolution Approving a Comprehensive Land Use Plan Amendment from UnguidedRight-Of-Way to G (Government) for the Property Located West of the MN Highway 120 and MN Highway 5 Intersection. RESOLUTION12-6-757 LAND USE PLAN AMENDMENT RESOLUTION June 25, 2012 13 City Council MeetingMinutes WHEREAS, Fire Chief Steve Lukin of City of Maplewood has requested a change to the City of Maplewood’s land use plan from unclassified right-of-way to G (government) for consistency between the plan and actual use of the land. WHEREAS, this change applies to the property located west of Highway 120 and Highway 5. The legal description is: All that part of the following described tract: The Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section 13, Township 29 North, Range 22 West; which lies northeasterly of a line run parallel with and distant 100 feet southwesterly of the following described line: Beginning at a point on the east line of said Section 13, distant 1324.13 feet North of the southeast corner thereof; thence run westerly at an angle of 90 degrees with said east section line for 186.63 feet; thence deflect to right on a 10 degree 00 minute curve (delta angle 29 degrees 20 minutes) for 293.33 feet; thence on tangent to said curve for 100 feet and there terminating. WHEREAS, the history of this change is as follows: 1.On June 5, 2012, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approvethe land use plan change. 2.On June 25, 2012 the city council discussed the land useplan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approvedthe above described change for the following reasons: 1.The property is presently utilizedby MnDOT which would be compatible with a land use classification of G. 2.The future use of this site is a public safety training center which will be utilized by multiple public jurisdictions. 3.The classification to G would guide a piece of land that currently does not have any future land use classification. This action is subject to the approval of this land use plan amendment by the Metropolitan Council. The Maplewood City Councilapproved this resolution on June 25, 2012. Seconded by Councilmember KoppenAyes–All The motion passed. Councilmember Juenemannmoved to approve the ResolutionApproving a Conditional Use Permit for a Planned Unit Development for the Proposed East Metro Public Safety Training Facility, which the Site Also Includes MnDOT’s Continued Operations and the Marshlands Rehabilitation Project; approve the Design Plans Date-Stamped May 14, 2012, for the East Metro Public Safety Training Center; and approve the Resolution Approving the Wetland Map Amendment for the Removal of June 25, 2012 14 City Council MeetingMinutes Wetlands 3 through 6 from the City’s Wetland Map Based on the Opinion by the Watershed District that the Wetlands are Non-Historical and as such Incidental. RESOLUTION12-6-758 CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENT WHEREAS, Fire Chief Steve Lukin of City of Maplewood has applied for a conditional use permit for a planned unit development tobuild a public safety training center. WHEREAS, Section 44-6 of the city ordinance provides that a PUD can be a development characterized by a unified sitedesign with two or more principal uses or structures. WHEREAS, the site will also include MnDOT’s continued operations and the marshlands rehabilitation project. WHEREAS, Section 44-1093(b) of the city ordinance provides that the city council may consider flexibility from strict code compliance in the internal and external design requirements of the project dependent upon the following findings: 1.The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature. 2.The PUD would be consistent with the spirit, intent and purposes of this chapter. 3.The planned unit development would produce a development of equal orsuperior quality to that which would result from strict adherence to this chapter. 4.The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. 5.The deviations are required for the reasonable and practical physical development of the project. WHEREAS, the applicant is requesting that the city allow a building to be constructed with architectural siding. WHEREAS, this permit applies tothe property located west of Highway 120 and Highway 5. The legal description is: All that part of the following described tract: The Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section 13, Township 29 North, Range 22 West; which lies northeasterly of a line run parallel with and distant 100 feet southwesterly of the following described line: Beginning at a point on the east line of said Section 13, distant 1324.13 feet North of the southeast corner thereof; thence run westerly at anangle of 90 degrees with said east section line for 186.63 feet; thence deflect to right on a 10 degree 00 minute curve (delta angle 29 degrees 20 minutes) for 293.33 feet; thence on tangent to said curve for 100 feet and there terminating. June 25, 2012 15 City Council MeetingMinutes WHEREAS, thehistory of this conditional use permit is as follows: 1.On June 5, 2012, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approvethe conditional use permit request. 2.On June 25, 2012 the city council discussed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above- described conditional use permit and architectural metal siding building, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 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. 10.The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature. 11.The PUD would be consistent with the spirit, intent and purposes of this chapter. 12.The PUD would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. 13.The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. 14.The deviations are required for the reasonable and practical physical development of the project. June 25, 2012 16 City Council MeetingMinutes Approval is subject to the following conditions: 1.All construction shall follow the site plan date-stamped May 14, 2012. Staff may approve minor changes. 2.The city council shall review this permit in one year. 3.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. 4.Comply with the requirements of the city’s engineering department. 5.The applicant shall work with the building official and fire marshal to ensure compliance with applicable codes. 6.This approval does not include landscaping plans or building elevations for the classroom training building which shall be submitted for community design review board approval. 7.Hours of operation shall be limited to 9 a.m. to 10 p.m. and the site must be in compliance with the city’s noise ordinance at all times. 8.City council must approve a joint powers agreement with partnering jurisdictions that will limit the use of the burn buildings when weather conditions may cause smoke and other irritants to affect nearby residential neighborhoods. The Maplewood City Council approvedthis resolution on June 25, 2012. RESOLUTION 12-6-759 Changes to the Maplewood Wetland Map WHEREAS, on December 14, 2009, the Maplewood City Council adopted a wetland ordinance (Ordinance No. 895) dealing with wetland regulations. WHEREAS, as part of the ordinance the City Council adopted a wetland classification map. The map is based on wetland classifications from Minnesota Routine Assessment Method (MnRAM) wetland studies and assigned by the applicable watershed districts. WHEREAS, the ordinance states that the City Council will adopt changes to the wetland map which are based on MnRAM and other studies conducted and approved by watershed districts. WHEREAS, in 2005 and 2011 the City of Maplewood had wetlands delineated on a 20.5- acre vacant lot located west of the intersection of Century Avenue and Highway 5 (refer to wetland delineation map attached). WHEREAS, the wetland delineation found that Wetlands 3 through 6were developed incidentally as a result of the activities associated with the grading and fill material completed by the Minnesota Department of Transportation (MnDOT) in the 1970s. WHERES, in November 2011 the Local Governmental Unit (MnDOT) and Technical Evaluation Panel (Ramsey Washington Metro Watershed District) reviewed the delineation report and agreed with the assessment that Wetlands 3 through 6are non-historical wetlands and thus June 25, 2012 17 City Council MeetingMinutes incidental. As such, Ramsey Washington Metro Watershed District will be removing the wetlands from their wetland classification map. WHEREAS, On May 21, 2012, the Maplewood Environmental and Natural Resources Commission reviewed the Local Governmental Unit and Technical Evaluation Panel decision that Wetlands 3 through 6are non-historical and incidental, and recommended that the City Council remove the wetlands from the City’s wetland classification map. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described wetland map change because Wetlands 3 through 6 have been found to be non- historical and incidental and the Ramsey Washington Metro Watershed District will be removing them from their wetland classification map. The Maplewood City Council approvedthis resolution on June 25, 2012. Seconded by Councilmember KoppenAyes–All The motion passed. 2.Solid Waste Management Summary Publication Ordinance Environmental Planner Finwall presented the staff report. Councilmember Juenemann moved to approve the Solid Waste Management Summary Publication Ordinance for Publication in the City’s Official Newspaper. Ordinance No. 921 Maplewood Solid Waste Management Ordinance On June 11, 2012, the Maplewood City Council adopted an ordinance which regulates the management of solid waste within the City. A summary of the ordinance follows: 1.Solid waste is definedas set forth in Minnesota Statutes, section 116.06, subdivision 22(1)(9), but is further defined for purposes of this ordinance to include garbage, recyclables, appliances, bulky waste, yard waste, and household hazardous waste. 2.The goal of the solid waste management ordinance is to improve solid waste management and to serve the following purposes: (a)Achieve a reduction in waste generated. (b)Encourage the separation and recovery of materials and energy from waste. (c)Ensure the protection of public health and safety and promote city cleanliness and livability. (d)Promote best management practices in solid waste management to protect air quality, water quality, and natural resources. (e)Be consistent with the requirements of the State statutes, State rules and Ramsey County ordinances, and with State and Ramsey County solid waste plans. (f)Provide high quality solid waste and recycling services in the most cost-effective manner possible. (g)Coordinate solid waste management among political subdivisions. 3.Any person collecting garbage, designated recyclables, or other solid waste in the city must secure a license from the city to do so. 4.All residents and commercial properties shall separate all designated recyclables from solid waste. These source separated items shall be collected for separate recycling, processing or treatment. June 25, 2012 18 City Council MeetingMinutes 5.Every person shall legally dispose of garbage that accumulates upon their property in the city at least once a week or more often as directed by the city manager unless given special permission by the city. 6.Only the city-contracted garbage collector may collect garbage at residential properties (1 to 4 units). 7.Every person occupying a residential property (1 to 4 units) shall utilize the city-provided garbage carts for the disposal of garbage. 8.The owner, operator, or manager of any multiple-family property with more than 4 units or commercial property must supply garbage collection at least once weekly by a garbage hauler licensed to do business in the city. 9.Only the city-contracted recyclables collector may collect and process recyclables set out for recycling collection at the curb or alley line. 10.The collection of garbage for residential and multiple-family dwellings shall be in accordance with the times outlined in the city’s contract for garbage collection, Monday through Saturday. 11.Collection of residential and multiple-family dwelling unit’s recyclables shall be in accordance with the times outlined in the city’s contract for recyclables collection, Monday through Saturday. 12.The collection of garbageand recyclables for commercial properties shall occur between the hours of 6 a.m. and 6 p.m. 13.Each residential garbage collection licensee must schedule collection pickups as established by the City of Maplewood day-certain pick up schedule. 14.The city manager or their designee shall have the authority to develop Solid Waste Management Standards concerning days of collection, type and location of waste containers and other matters as they deem necessary to provide for the safe, orderly and cost-efficient preparation, storage, collection and disposal of all waste materials covered in this ordinance. 15.Regulations regarding the collection and composting or disposal of yard waste. 16.Manufactured homes and townhomes may opt into the city-contracted garbage hauling service with city approval. Seconded by Councilmember LlanasAyes–All The motion passed. 3.Resolution Establishing Solid Waste Collection License Fees Environmental Planner Finwall presented the staff report and answered questions of the council. RESOLUTION 12-6-760 Solid Waste Collection Licensing Fees WHEREAS, the Maplewood City Council has adopted a solid waste management ordinance (Ordinance No. 921) on June 11, 2012. WHEREAS, one of the stated goals in the solid waste management ordinance is to ensure the protection of public health and safety and promote city cleanliness and livability. WHEREAS, one way of achieving the above-mentioned goal is to ensure appropriate city controls over insurance, vehicle, and operation regulations for persons desiring to collect garbage, yard waste, recyclables, or other solid waste in the city. WHEREAS, to ensure appropriate city controls as mentioned above, the solid waste management ordinance requires all persons who wish to collect garbage, yard waste, recyclables, or other solid waste in the city to first secure a license from the city to do so. June 25, 2012 19 City Council MeetingMinutes WHEREAS, the solid waste management ordinance specifies that the City Council will set the fee for solid waste management collection licenses from time to time as needed. WHEREAS, the Maplewood City Council hereby sets the solid waste management collectionlicense fee at $250 per year. NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood adopts the above- mentioned collection license fee amount. Maplewood CityCouncil authorizes this resolution on June 25, 2012. Councilmember Juenemannmoved to approve the Resolution Establishing Solid Waste Collection License Fees Seconded by Councilmember LlanasAyes–All The motion passed. J.NEW BUSINESS None. K.AWARD OF BIDS None. L.ADMINISTRATIVE PRESENTATIONS nd 1.Cancellation of July 2Council-Manager Work Session City Manager Antonen requested the July 2, 2012 Council Manager Work Session be cancelled. Councilmember Juenemann moved to approve Cancelling the July 2, 2012 Council-Manager Workshop Session. Seconded by Councilmember KoppenAyes–All The motion passed. 2.Update on Shooting Range –No Report City Manager presented the staff report and answered questions of the council. M.COUNCIL PRESENTATIONS 1.Shared Vision Councilmember Cardinal brought to the attention of the council an email he received about an editorial published by ACM Publishers regarding a shared vision to combating poverty.The article can be found on www.erstarnews.com. June 25, 2012 20 City Council MeetingMinutes 2.Missing Trash Cans Councilmember Cardinal was concerned that with the new trash hauling systems, thieves would be more aware when residents weren’t home because their trash can was not put out on collection day. Mayor Rossbach askedCity Manager Antonen to check with surrounding communities that have organized trash collection if they have seen an increase in crime due to this. 3.White House Proclamation Councilmember Llanas shared a proclamation from the White House.The marriage amendment informational sessions are scheduled for September 11 and October 24. Information about the sessions will be in a press release, billboards, and Maplewood Monthly. 4.Fish Creek Councilmember Juenemann informed residents that due to the rainout, the Fish Creek event will be rescheduled for sometime in the fall.She also informed resident that Parks and Recreation Director Konewko was notified that the City will be receiving $100,000 grant from 3M for the Fish Creek acquisition. 5.Fireworks Mayor Rossbach reminded residents of the Light It Up event that will be held at Hazelwood Park th on July 4.There will be food vendors, adult beverages, live music, inflatables and fireworks to close out the evening. Mayor Rossbach encouraged everyone to come and enjoy the fun! N.ADJOURNMENT Mayor Rossbachadjourned the meeting at 9:26p.m. June 25, 2012 21 City Council MeetingMinutes