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HomeMy WebLinkAbout12-10-2012 City Council Meeting MinutesDecember 10, 2012 City Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, December 10, 2012 Council Chambers, City Hall Meeting No. 22-12 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:02 p.m. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda: M1 Crime Alert M2 Cable Service M3 City Attorney Information M4 Bruentrup Farm M5 Joint Meeting with North St. Paul M6 Cable Commission Discussion The following item on the agenda was table until January 14, 2013: L2 Update on Labor Negotiations Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of November 26, 2012 City Council Workshop Minutes Councilmember Juenemann moved to approve the November 26, 2012 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. December 10, 2012 City Council Meeting Minutes 2 2. Approval of November 26, 2012 City Council Minutes Councilmember Juenemann noted that the Ayes/Nays in item #J1 needs to be added. Councilmember Juenemann moved to approve the November 26, 2012 City Council Meeting Minutes as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Presentation by Landfall City Council on Police Services – No Report Councilmember Ron Sanoski, Mayor Elect Jim Dumer, and Councilmember Sally Eral from Landfall City Council were present. Councilmember Sanoski addressed the council and read a resolution of support for a continued relationship with the City specifically in emergency services. 2. Presentation of Blue Star Award Environmental Planner Finwall gave the staff report. Bob Spaulding with the Friends of Mississippi River representing the Blue Star Award for Excellence in Community Stormwater Management presented the City with the Blue Star Award recognizing the City for taking a leadership role in managing storm water management. Mayor Rossbach recognized Anthony Zenos and Troop 66 from St. Paul for attending the council meeting to work on their Citizen Community Merit Badge. G. CONSENT AGENDA Mayor Rossbach moved to approve agenda items G1-G7 and G9-G16. Seconded by Councilmember Koppen Ayes – All The motion passed. Mayor Rossbach moved to pull agenda item G8 to review in the month of April 2013 to verify the condition of the trees in April. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Mayor Rossbach moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 271,490.58 Checks # 88601 thru # 88618 dated 11/27/12 December 10, 2012 City Council Meeting Minutes 3 $ 232,911.20 Disbursements via debits to checking account dated 11/19/12 thru 11/23/12 $ 555,810.50 Checks # 88619 thru # 88721 dated 12/04/12 $ 356,044.86 Disbursements via debits to checking account dated 11/26/12 thru 11/30/12 $ 1,416,257.14 Total Accounts Payable PAYROLL $ 536,931.73 Payroll Checks and Direct Deposits dated 11/23/12 $ 1,475.50 Payroll Deduction check # 9987633 thru # 9987635 dated 11/23/12 $ 538,407.23 Total Payroll $ 1,954,664.37 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of Transfers to Close Funds for Public Improvement Projects for 2012 Mayor Rossbach moved to approve the following: (1) A transfer of $71,924.22 from fund 508 (09- 07) to fund 504 (08-13), (2) A transfer of $642,769.53 from fund 509 (09-13) to fund 504 (08-13), (3) A transfer of $130,000.00 from fund 510 (09-15) to fund 504 (08-13), (4) A transfer of $733,108.37 from fund 510 (09-15) to fund 533 (02-07), and (5) The appropriate budget changes. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of Resolution of Appreciation for David Hesley, Business and Economic Development Commission Mayor Rossbach moved to approve the Resolution of Appreciation for David Hesley. RESOLUTION 12-12-824 RESOLUTION OF APPRECIATION WHEREAS, David Hesley has been a member of the Maplewood Business and Economic Development Commission since March 1, 2010, until July 26, 2012, and has served faithfully in that capacity; and WHEREAS, the Business and Economic Development Commission has appreciated his experience, insights and good judgment; and December 10, 2012 City Council Meeting Minutes 4 WHEREAS, Mr. Hesley has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Hesley has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that David Hesley is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on December 10, 2012 Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval of Resolution of Appreciation for Jawaid Ahmed, Community Design Review Board Mayor Rossbach moved to approve the Resolution of Appreciation for Jawaid Ahmed. RESOLUTION 12-12-825 RESOLUTION OF APPRECIATION WHEREAS, Jawaid Ahmed has been a member of the Maplewood Community Design Review Board for three years, since May 26, 2009, until May 22, 2012, and has served faithfully in that capacity; and WHEREAS, the Community Design Review Board has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Ahmed has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Ahmed has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Jawaid Ahmed is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on December 10, 2012 Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of Resolution of Appreciation for Matt Wise, Community Design Review Board Mayor Rossbach moved to approve the Resolution of Appreciation for Matt Wise. RESOLUTION 12-12-826 RESOLUTION OF APPRECIATION December 10, 2012 City Council Meeting Minutes 5 WHEREAS, Matt Wise has been a member of the Maplewood Community Design Review Board for five and a half years, since February 12, 2007, until July 24, 2012, and has served faithfully in that capacity; and WHEREAS, the Community Design Review Board has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Wise has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Wise has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Matt Wise is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on December 10, 2012 Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval of Proclamation of Appreciation for Paul R. Yocum, Founder of Yocum Oil Councilmember Juenemann recognized Mr. Yocum for his service to the community. Mayor Rossbach read the proclamation for Mr. Yocum. Mayor Rossbach moved to approve the Proclamation Honoring Paul R. Yocum, Founder of Yocum Oil. City of MAPLEWOOD Proclamation Honoring the contributions made by Paul R. Yocum WHEREAS, Paul R. Yocum, along with his wife Fern, founded Yocum Oil working out of their home eventually building a company with more than 5,000 accounts; and WHEREAS, Mr. Yocum was an important business leader within the Twin Cities east metro community serving on the board of Premier Banks; and WHEREAS, Mr. Yocum was an active member and leader at his church, Gethsemance Luthuran Church in Maplewood; and WHEREAS, Mr. Yocum passed away on July 24, 2012 at the age of 95; and WHEREAS, Mr. Yocum left a lasting legacy which includes Yocum Oil which is now owned by three of his grandsons; and WHEREAS, the City of Maplewood is forever indebted to Mr. Yocum for the contributions he made to the Maplewood community and economy; and December 10, 2012 City Council Meeting Minutes 6 THEREFORE BE IT RESOLVED that the City Council and the Business and Economic Development Commission of the City of Maplewood does hereby proclaim its admiration for; Paul R. Yocum, on this 10th day of December, 2012 Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Ordinance Amendment—Including the Housing and Redevelopment Authority Duties With Those of the Business and Economic Development Commission (Second Reading) Mayor Rossbach moved to approve the amendments to Division 9, the Business and Economic Development Commission ordinance, to include the duties and responsibilities of the Housing and Redevelopment Authority – Second Reading. ORDINANCE 927 AN ORDINANCE AMENDING DIVISION 9—THE MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT ORDINANCE TO INCLUDE THE DUTIES OF THE HOUSING AND REDEVELOPMENT AUTHORITY The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. DIVISION 9. THE MAPLEWOOD HOUSING BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION (HEDC) (BEDC) Sec. 2-335. Definitions. Common terms: As used in this division, the terms defined have the meanings given them. Commission means the Housing Business and Economic Development Commission or HEDC. City means the City of Maplewood, Minnesota. City Council means the duly elected governing body of the City of Maplewood, Minnesota. Enabling Resolution means the ordinance from which this division derives. Small Business means a business whose principal place of operation is in the City of Maplewood and employs thirty people or less and is not a subsidiary of a larger entity or a corporate-owned franchise location. Sec. 2-336. Establishment. The Commission Business and Economic Development Commission is established which shall have all of the powers, duties and responsibilities of a commission pursuant to Minnesota Statues § 13.01, subd. 1(c)(5) and formed pursuant to Minnesota Statute § 412.21, subd. 1. The Commission shall also have all of the powers, duties and responsibilities of Minnesota Statutes pursuant to the function of a housing and redevelopment authority. December 10, 2012 City Council Meeting Minutes 7 Sec. 337. Purpose. It shall be the role and responsibility of the Commission to discuss and make recommendations to the Maplewood Economic Development Authority regarding economic and industrial development and redevelopment within the City of Maplewood pursuant to Bylaws as may be adopted by the Commission. It shall confer with other City departments, the Maplewood Economic Development Authority, the local Chamber of Commerce, the Maplewood Parks Commission, and other public and private groups on matters relating to business and industrial development and periodically survey the area’s industrial and commercial climate and report regularly to the Maplewood Economic Development Authority, the Maplewood City Council, or both as directed. It shall also be the purpose of the Commission to advise and make recommendations to the Maplewood City Council on housing matters regarding policy issues, development, redevelopment and housing maintenance. The Commission’s purpose is to also promote and guide the city council and city staff to develop, improve and retain housing stock in Maplewood that is safe, healthy, meets the housing needs of the residents and maintains value of quality housing throughout the city. Sec. 2-338. Name. The entity created by the Enabling Resolution shall be known as the Maplewood Housing Business and Economic Development Commission or HEDC. or BEDC. Sec. 2-339. Members. The Commission shall initially consist of seven (7) members, three (3) of which shall be representative of, “small business,” if available to serve, in Maplewood. The Members shall be appointed by the Mayor and City Council, upon approval by majority vote of the same. Those initially appointed shall be appointed for staggered terms consisting of two members appointed to one (1) year terms; two members appointed to two (2) year terms; and three members appointed to three (3) year terms, respectively, with a “small business” representative appointed in each of the initial term timeframes. Thereafter, Members are appointed to three (3)-year terms. Members may be reimbursed for expenses pursuant to City reimbursement policies. The city council shall also appoint persons to the Commission with backgrounds in housing, with knowledge in securing and maintaining quality housing stock in the city. Sec. 2-340. Administration. Bylaws. The Commission shall adopt bylaws and rules of procedure for administration of its affairs. Chair. The Commission shall elect a Chair, and a Vice Chair on an annual basis. Meetings. The Commission shall meet quarterly and at such other times as necessary. Rules. The Commission shall adopt such rules and guidelines as they deem appropriate, but shall operate in accordance with Maplewood’s Commission Handbook as adopted and amended from time to time. No rules shall be adopted by the Commission that are in conflict with the City’s Official Commission Handbook and in the event of any conflict or question, the Handbook shall prevail. Sec. 2-341. Modification. All modifications to the Enabling Resolution must be by Ordinance and must be adopted by the City Council by majority vote. December 10, 2012 City Council Meeting Minutes 8 Sec. 2-342. Report to Council. The Commission shall submit a written report of its activities and/or recommendations for modification of the Enabling Resolution to the Council at least annually. Sec. 2-343. Director. The City’s Manager, or designee, shall attend all meetings of the commission, shall serve as a consultant and advisor to the commission and shall make quarterly reports to the council. Sec. 2-344. Conflicts of Interest. Except as authorized by Minnesota Statute 471.88, a Member of the Commission may not have a substantial conflict of interest in projects undertaken by the Commission. Sec. 2-345 Intent to Comply. Except as otherwise authorized by Minnesota Statute, it is the intent of the City Council of Maplewood to create the Housing Business and Economic Development Commission as a “standing” body of the City that shall be subject to the rules, regulations, restrictions and requirements as defined in both the Open Meeting Law, § 13D. 01 et seq. and the Minnesota Government Data Practices Act, § 13, et seq. 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 December 10, 2012. Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Approval of Conditional Use Permit Review, T-Mobile Cellular Telephone Tower at Harmony Learning Center, 1961 County Road C East Mayor Rossbach moved to pull agenda item G8 to review in the month of April 2013 to verify the condition of the trees in April. Seconded by Councilmember Juenemann Ayes – All The motion passed. 9. Approval of Conditional Use Permit Review, St. Paul Hmong Alliance Church, 1770 McMenemy Street Mayor Rossbach moved to extend the approval of the conditional use permit for the St. Paul Hmong Alliance Church and review again in one year. Seconded by Councilmember Koppen Ayes – All The motion passed. 10. Resolution Accepting Donation to Volunteers in Police Service From the CenturyLink Clarke M. Williams Foundation Acting Police Chief Kvam gave the staff report. December 10, 2012 City Council Meeting Minutes 9 Mayor Rossbach moved to approve the donation from CenturyLink Clarke M. Williams Foundation to the Maplewood Police Department Volunteers in Police Service program. Seconded by Councilmember Koppen Ayes – All The motion passed. 11. Approval to Purchase 2013 Unmarked Police Vehicle Mayor Rossbach moved to approve the purchase of one 2013 Ford Police Interceptor sedan. Seconded by Councilmember Koppen Ayes – All The motion passed. 12. Approval of 2013 Youth Service Bureau Service Agreement Mayor Rossbach moved to approve the 2013 Service Agreement with the Youth Service Bureau. Seconded by Councilmember Koppen Ayes – All The motion passed. 13. Acceptance of Improvements Within the City of Maplewood, Rice/36 Interchange Improvements, Project 09-07 Mayor Rossbach moved to approve the Resolution for the Rice/36 Interchange Improvements, City Project 09-07, approving the Acceptance of Improvements within the City of Maplewood. RESOLUTION 12-12-827 APPROVING ACCEPTANCE OF IMPROVEMENTS WITHING THE CITY OF MAPLEWOOD PROJECT 09-07 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 09-07, the Rice/36 Interchange Improvements, and has concurred with Ramsey County for the letting of a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Rice/36 Interchange Improvements, City Project 09-07, is complete and recommends acceptance of the improvements within the City of Maplewood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. City Project 09-07 is complete and these improvements are accepted by the city; and the City of Maplewood’s final construction cost is $50,198. Approved this 10th day of December, 2012. Seconded by Councilmember Koppen Ayes – All The motion passed. December 10, 2012 City Council Meeting Minutes 10 14. Approval of the City of Maplewood ADA Transition Plan for Facilities Within the Public Right-of-Way Public Works Director/City Engineer Thompson answered questions of the council. Mayor Rossbach moved to approve the City of Maplewood Americans with Disabilities Act (ADA) Transition Plan for Facilities within the Public Right-of-Way. Seconded by Councilmember Koppen Ayes – All The motion passed. 15. Approval of Additional Audio System Upgrade Equipment for Maplewood Community Center Banquet Rooms Mayor Rossbach moved to approve to spend the additional $2,593.39 to complete the Audio System Upgrade Project. Seconded by Councilmember Koppen Ayes – All The motion passed. 16. Resolution to Approve the Insurance Labor-Management Committee’s (LMC) Recommendations for Employee Insurance Benefits for 2013 Assistant City Manager Ahl gave the staff report and answered questions of the council. Mayor Rossbach moved approve the Insurance Labor-Management Committee’s recommendations to be effective January 1, 2013. RESOLUTION 12-12-828 Be it resolved that the Maplewood City Council hereby affirms the recommendations of Insurance Labor Management Committee regarding 2013 employee insurance benefits for the City of Maplewood. Approved this 10th day of December 2012. Seconded by Councilmember Koppen Ayes – All The motion passed. H. PUBLIC HEARING 1. Public Hearing on 2013 Tax Levy and Budget a. Resolution Certifying Taxes Payable in 2013 b. Resolution Adopting a Budget for 2013 Finance Manager Bauman gave the staff report. Assistant City Manager Ahl gave additional information and answered questions of the council. Mayor Rossbach opened the public hearing. The following people spoke: 1. Neil Bremer, Maplewood Resident December 10, 2012 City Council Meeting Minutes 11 2. Diana Longrie, Maplewood Resident 3. John Wykoff, Maplewood Resident Mayor Rossbach closed the public hearing. Councilmember Cave moved to set the tax levy at 2% for 2013. Seconded by Councilmember Cardinal Ayes – Council Members Cardinal and Cave Nays - Mayor Rossbach, Council Members Juenemann and Koppen The motion failed. Mayor Rossbach moved to approve the Resolution Certifying Taxes Payable in 2013. RESOLUTION 12-12-829 CERTIFYING TAXES PAYABLE IN 2013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that: 1. The following amounts of taxes be levied for 2012, payable in 2013, upon the net tax capacity in said City of Maplewood, for the following purposes: General Fund $12,500,600 Ambulance Service 450,000 Community Center 460,000 Recreation Programs 175,000 Capital Improvement Projects 180,000 Fire Truck Replacement 50,000 Park Development 30,000 Public Safety Expansion 260,000 Redevelopment 20,000 Debt Service 3,620,770 TOTAL LEVY $17,746,370 2. In addition, there is a $692,760 market value based referendum levy for 2012 payable in 2013 to finance the debt service on the 2002 Open Space Refunding Bonds and the 2004 Fire Safety Refunding Bonds. This results in a total certified City levy of $18,439,130. There is also a proposal for an EDA levy of $89,270. This would bring the total levy up to $18,528,400 (a 3.78% increase over 2012). 3. The net tax capacity based levy of $3,620,770 for Debt Service and the market value based referendum levy of $692,760 total $4,313,530. This is a net decrease of $1,996,035.34 in the scheduled levy of $6,309,565.34. The breakdown by Debt Service Fund is attached. Seconded by Councilmember Juenemann Ayes – Mayor Rossbach, Council Members Juenemann and Koppen Nays - Council Members Cardinal and Cave The motion passed. December 10, 2012 City Council Meeting Minutes 12 Mayor Rossbach moved to approve the Resolution Adopting the Budget for 2013. RESOLUTION 12-12-830 ADOPTING A BUDGET FOR 2013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that a budget for 2013 is hereby adopted as outlined in the following summary: OPERATING BUDGET CAPITAL IMPROVEMENTS BUDGET DEBT SERVICE BUDGET TOTAL Revenues $33,761,650 $2,037,910 $6,936,840 $42,736,400 Net other increases (decreases) (2,057,360) 4,014,380 1,497,180 $3,454,200 Expenditures (32,579,340) (2,472,370) (10,599,980) ($45,651,690) Net change in fund balance ($875,050) $3,579,920 ($2,165,960) $538,910 BE IT FURTHER RESOLVED that the department appropriations totaling $32,579,340 as listed in the budget booklet are hereby approved for the 2013 Operating Budget. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2013 Capital Improvements Budget: CAPITAL IMPROVEMENT PROJECTS $225,050 FIRE TRAINING FACILITY 604,330 FIRE TRUCK REPLACEMENT FUND 260 LEGACY VILLAGE TAX ABATEMENT DISTRICT 770 PARK DEVELOPMENT 205,050 PUBLIC SAFETY EXPANSION 1,042,290 REDEVELOPMENT 50 RIGHT-OF-WAY 40 SEWER LIFT STATION #14 250,000 STORM CLEANUP 40,000 TAX INCREMENT HOUSING DISTRICT #1-1 4,470 TAX INCREMENT HOUSING DISTRICT #1-2 5,710 TAX INCREMENT HOUSING DISTRICT #1-3 2,040 TAX INCREMENT HOUSING DISTRICT #1-4 600 TAX INCREMENT HOUSING DISTRICT #1-5 600 TAX INCREMENT HOUSING DISTRICT #1-6 710 TAX INCREMENT HOUSING DISTRICT #1-7 22,850 TAX INCREMENT HOUSING DISTRICT #1-8 60,700 WATER AVAILABILITY CHARGE – N. ST. PAUL 1,550 WATER AVAILABILITY CHARGE – ST. PAUL 5,300 TOTAL CAPITAL IMPROVEMENTS BUDGET APPROPRIATIONS $2,472,370 BE IT FURTHER RESOLVED that the Finance Manager shall establish a budget for each public improvement project when the Council orders the project and that the budget amounts shall be recorded at amounts specified in the feasibility study for the project. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2013 Debt Service Budget: December 10, 2012 City Council Meeting Minutes 13 $7,552,460 Principal 2,997,070 Interest 8,170 Paying Agent Fees 12,850 Fees for Service 29,430 Investment Management Fees $10,599,980 TOTAL DEBT SERVICE BUDGET APPROPRIATIONS BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are hereby adopted for financial reporting and management control. BE IT FURTHER RESOLVED that the above budgets for all other funds are hereby adopted for management purposes only. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts, within a fund, shall only require the approval of the Manager or his designee. However, City Council approval is required for transfers from contingency accounts. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be appropriated for the next fiscal year except appropriations for capital improvement projects which shall not lapse until the project is completed or canceled by the City Council. Seconded by Councilmember Koppen Ayes – Mayor Rossbach, Council Members Juenemann and Koppen Nays - Council Members Cardinal and Cave The motion passed. Councilmember Cardinal requested that the following be included into the minutes as the reason that he voted not to approve the levy increase. Comments on proposed Levy increase from five Maplewood Residents: 1) Listen to the people 2) Who wants taxes to go up? 3) What is needed now, to justify increasing taxes? 4) Some Senior Citizens could be losing their homes; some have heating assistance 5) What’s the difference, taxes are going to go up. 6) Why more taxes are needed? What am I getting that I am not getting now? What direct benefit? 7) Outsourcing – what you need to do for business now. 8) Police Department is all on its own – untouchable. 9) There should be a direct relationship for what I am getting that I am not getting now. 10) Taxes to high – do not raise at this time; many people are still under water (20-30%) with mortgages more than property is worth. 11) How can they do that, raise taxes? 12) This would defeat the whole purpose; some people are just hanging on. Increasing taxes is not going to help. Some people will just walk out and leave there home to foreclosure. 13) Poverty rate in Maplewood is at an all time high. The Council took a 10 minute break. Mayor Rossbach moved to close the council meeting to convene the Economic Development Authority meeting. 2. Economic Development Authority Meeting (The City Council Serves as the EDA) A. CALL TO ORDER December 10, 2012 City Council Meeting Minutes 14 A meeting of the City Council serving as the Economic Development Authority, (EDA), was held in the City Hall Council Chambers and was called to order at 9:00 p.m. by EDA Vice-Chair Rossbach. B. ROLL CALL Will Rossbach, Vice Chair Present Rebecca Cave, Member Present Robert Cardinal, Member Present Kathleen Juenemann, Member Present Marvin Koppen, Member Present C. APPROVAL OF AGENDA Member Juenemann moved to approve the Agenda as submitted. Seconded by Member Koppen Ayes – All The motion passed D. APPROVAL OF MINUTES 1. Approval of October 8, 2012 Economic Development Authority Meeting Minutes Member Koppen moved to approve the October 8, 2012 Economic Development Authority Meeting Minutes as submitted. Seconded by Chair Rossbach Ayes – Chair Rossbach, Members Cardinal, Juenemann and Koppen Abstain – Member Cave The motion passed. E. PUBLIC HEARING 1. Public Hearing on 2013 Tax Levy a. Resolution Certifying Taxes Payable in 2013 Finance Manager Bauman gave the staff report and answered questions of the Economic Development Authority. Vice Chair Rossbach opened the public hearing. The following people spoke: 1. Diana Longrie 2. Mark Bradley Vice Chair Rossbach closed the public hearing. Vice Chair Rossbach moved to approve the Resolution Certifying Taxes Payable in 2013. RESOLUTION 12-12-831 December 10, 2012 City Council Meeting Minutes 15 CERTIFYING TAXES PAYABLE IN 2013 BE IT RESOLVED BY THE MAPLEWOOD AREA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF MAPLEWOOD, MINNESOTA that: 1. The following amounts of taxes be levied for 2012, payable in 2013, upon the net tax capacity in said City of Maplewood, for the following purposes: EDA $89,270 2. The 2013 Budget for the Maplewood Area Economic Development Authority is included in the City Budget document and will be adopted along with all the other funds of the City. A summary of the budget is as follows: Revenues $92,400 Expenditures 65,500 Net change in fund balance 26,900 Seconded by Member Koppen Ayes – Vice Chair Rossbach, Members Juenemann and Koppen Nays – Members Cardinal and Cave The motion passed. F. ADJOURMENT EDA Vice Chair Rossbach adjourned the meeting at 9:30 p.m. Mayor Rossbach reopened the City Council Meeting. 3. MnDOT I-35E MnPASS Improvements, Project 11-02, Public Hearing and Resolution Approving Final Layout (Municipal Consent) Public Works Director/City Engineer Thompson gave the staff report and answered questions of the council. Jenny Reed representing MnDOT gave the specifics of the report. Mayor Rossbach opened the public hearing. The following people spoke: 1. John Schmahl, Maplewood Resident Mayor Rossbach closed the public hearing. Mayor Rossbach moved to approve the resolution for layout approval after conducting the public hearing in order to provide municipal consent for the I-35E MnPASS Improvements, State Project 6280-367 (Maplewood City Project 11-02). RESOLUTION 12-12-832 RESOLUTION FOR LAYOUT APPROVAL MUNICIPAL CONSENT I-35E MNPASS December 10, 2012 City Council Meeting Minutes 16 WHEREAS, the Commissioner of Transportation has prepared a final layout for improvements to I-35E, within the Cities of Saint Paul, Maplewood, and Little Canada from Maryland Avenue and Little Canada Road; and seeks approval thereof; and WHEREAS, said final layout is on file in the Minnesota Department of Transportation office, 1500 Co. Rd. B2, Roseville, Minnesota, being marked, labeled and identified as Layout No. 1A S.P. 6280-367 from Maryland Ave. to Little Canada Road. WHEREAS, improvements to city streets and appurtenance have been included in said final layouts. WHEREAS, MnDOT will enter into a Memorandum of Understanding with the city to cooperatively address local concerns. NOW, THEREFORE, BE IT RESOLVED that said final layout for the MnPASS improvements within the Interstate 35E corridor within the corporate limits be and is hereby approved with said condition; That the layout be revised to properly show the 8’ trail under the Roselawn Avenue Bridge on the north side, and the 6’ walk on the south side, within the project limits. That the layout be revised to properly show the 8’ trail along the south side of County Rd B within the project limits. That the layout be revised to show a minimum 8’ wide sidewalk on the north side of Larpenteur Avenue within the project limits. All of said items herein mentioned here shall be at the cost of MnDOT. Seconded by Councilmember Koppen Ayes – All The motion passed. I. UNFINISHED BUSINESS 1. Comprehensive Sign Plan Amendment for an Exterior Sign for Men’s Wearhouse, Maplewood Mall Located at 3001 White Bear Avenue a. Community Design Review Board Report b. Comprehensive Sign Plan Amendment Consideration Senior Planner Ekstrand gave the staff report. Councilmember Cardinal moved to approve the 24-inch letter two line copy plan for a comprehensive sign plan amendment to allow an exterior wall sign for Men’s Wearhouse at the Maplewood Mall, 3001 White Bear Avenue with the following conditions: 1. Bottom line of sign shall be located as close to the fire alarm on the exterior wall as possible. 2. Any future sign requests shall be reviewed by the community design review board. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Comprehensive Land Use Plan Amendment, Rezoning and Right-of-Way Vacation for a Proposed Senior’s Housing Apartment Building by Azure Properties, North Side of Roselawn Avenue, East of McMenemy Street—Findings for Denial Senior Planner Ekstrand gave the staff report. December 10, 2012 City Council Meeting Minutes 17 Councilmember Cardinal moved to Deny the request by Azure Properties to amend the Maplewood Comprehensive Land Use Plan classifications from LDR (low density residential) and P (park) to HDR (high density residential) for property on the north side of Roselawn Avenue east of Edgemont Street. This property consists of land owned by the applicant, the easterly 10 feet of Edgemont Street, an undeveloped alley right-of-way and .9 acres of city-owned land and vacated Arkwright Street. Denial is based on the following reasons: 1. A goal of the Maplewood Comprehensive Land Use Plan is to strive for a variety of housing types for people of all stages of the life cycle. It was demonstrated at the November 26, 2012 city council meeting that this neighborhood currently has a variety of housing types which include senior housing, town homes, apartments, single family homes and long-term nursing home care. This neighborhood, therefore, is already meeting the goals of the comprehensive plan by serving people of all stages of the life cycle. 2. It was further stated at the November 26, 2012 city council meeting that the existing senior’s housing complex in this neighborhood, Rosoto Villa on Roselawn, is not currently fully occupied. The concern was raised whether the neighborhood could sustain another 71 units of senior housing when the existing senior housing facility is not at full occupancy. 3. Similarly, The Shores Senior Housing complex has recently been completed on Frost Avenue and East Shore Drive only a few miles away that has 105 available senior units and vacant land with the potential for an additional 62 plus units. Thus, this area has 105 newly available senior’s units, with the potential for 167, without having to make any amendments to the Comprehensive Plan or to the City’s existing zoning controls/map. 4. Approval of a land use plan amendment to provide for 71-units of senior housing would not, therefore, be necessary to meet the goals and objectives of the land use plan since these goals and objectives are currently being met. A. Deny the proposed rezoning from R1 (single dwelling residential) and OSP (open space and park) to R3 (multiple dwelling residential). Denial is because, without a comprehensive land use plan amendment to HDR (high density residential), rezoning to multiple-dwelling residential would be an inappropriate zone change that would conflict with the comprehensive plan’s guide for land use. B. Deny a conditional use permit for a planned unit development to allow the construction of a 71-unit senior housing complex on the proposed site. Denial is because the proposed use would not be located, designed, maintained, constructed and operated to be in conformity with the city’s comprehensive plan and the zoning code, since the land use plan and zoning classifications have not been changed to support multi-family development. C. Deny the vacations of the easterly 10 feet of Edgemont Street and the alley east of Edgemont Street on the north side of Roselawn Avenue. Denial is because, without the approval of a land use plan amendment to HDR (high density residential), the other zoning requests are not appropriate and the proposed senior housing development would not be in harmony with the city’s land use plan. Since the vacation of these rights-of-way were for the purpose of providing additional density for the proposed project, vacating them at this time would serve no purpose and is, therefore, not in the public’s interest to do so at this time. Seconded by Councilmember Cave Ayes – All The motion passed. December 10, 2012 City Council Meeting Minutes 18 Councilmember Cardinal requested a short break. 3. Approval to Direct Discontinuation of Investigation Into the Combination of the Planning Commission with the Community Design Review Board City Planner Ekstrand gave the staff report. Councilmember Cave moved to table action and further the discussion to the second meeting of November 2013 to reconsider the combination of the planning commission and the community design review board into one commission. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Approval of Month-to-Month Extension for Contractual Police and Fire Services for the City of Landfall City Manager Antonen gave the staff report. Councilmember Cardinal moved to approve the City Manager to enter into a month-to-month contract for the extension of service for Police and Fire Protection services in the City of Landfall according to existing terms for up to 6 months; at which time, the contract shall be terminated with Landfall for Police Protection and Fire Protection Services in the best interest for the City of Maplewood. Seconded by Councilmember Cave Ayes – All City of Landfall Councilmember Ron Sanoski addressed the council to give additional input and answer questions. The motion passed 5. Approval of Resolution Authorizing Maintenance Agreement with MnDOT [Agmt. No. 02472] for the Former BNSF Bridge Number 62822 Over T.H. 694 Between White Bear Avenue and T.H. 61 Assistant City Manager Ahl gave the staff report. Councilmember Juenemann moved to approve the resolution authorizing the Maintenance Agreement with MnDOT [Agmt.No. 02472] for the former BNSF Bridge Number 62822 over T.H. 694 between White Bear Avenue and T.H. 61; subject to minor revisions that shall be approved by the Assistant City Manager and City Attorney. RESOLUTION 12-12-833 IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 02472 with the State of Minnesota, Department of Transportation for the following purposes: To clarify the maintenance responsibilities of the former BNSF Railroad Bridge number 62822 over T.H. 694 between White Bear Ave. and T.H. 61 between the State of Minnesota, Department of Transportation and the City. December 10, 2012 City Council Meeting Minutes 19 IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Seconded by Councilmember Koppen Ayes – All The motion passed. J. NEW BUSINESS 1. Conditional Use Permit Revision for a Planned Unit Development for Buffalo Wild Wings to Expand at 3085 White Bear Avenue a. Planning Commission Report b. Community Design Review Board Report c. PUD Consideration d. Design Review Consideration Senior City Planner Ekstrand gave the staff report. Mayor Rossbach moved to approve the resolution for an amendment to the conditional use permit for a planned unit development for the development of four restaurant/retail buildings at 3085 White Bear Avenue (Chesapeake Retail Center). RESOLUTION 12-12-834 CONDITIONAL USE PERMIT WHEREAS, Buffalo Wild Wings applied for a conditional use permit revision for a planned unit development to construct a building and patio expansion at the shopping center known as Chesapeake Retail Center. WHEREAS, this permit applies to the property at 3085 White Bear Avenue. The legal description is Lot 1, Block 1, Maplewood Mall Addition. WHEREAS, the history of this conditional use permit is as follows: 1. On November 20, 2012, the planning commission held a public hearing. City staff published a notice in the paper 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 approval of the conditional use permit request. 2. On December 10, 2012, the city council considered this request. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit revision, 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 December 10, 2012 City Council Meeting Minutes 20 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: a. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department’s April 26, 2004, engineering plan review as well as the following: 1) A westward extension of the retaining wall south of Building D (Jared Jewelers). The retaining wall height must be sufficient to create a prevailing ground slope away from Building D, thereby deflecting a potential flow from a pipeline leak. b. Prior to issuance of a grading or building permit, the developer must complete the following: 1) Obtain a demolition permit for the removal of the existing Maplewood Movie I Theater building. 2) Submit a revised site plan showing Building C (TGI Fridays) and Building D (Jared Jewelers) shifted approximately ten feet to the south in order to accommodate a future driveway located to the north of Building C which may be installed onto White Bear Avenue. 3) Pending continued cooperation with the adjacent property owner, submit a revised site plan showing the location of a driveway and pedestrian cross-access on the south side of the property, to accommodate entrance and egress to and from the southerly property (3065 White Bear Avenue). 4) Submit a revised site plan showing the extension of the sidewalk in front of Building A (future retail/restaurant) onto the County Road D trail. 5) Submit a revised site plan showing a pedestrian access extending from the White Bear Avenue sidewalk. 6) Obtain the required Ramsey/Washington Metro Watershed District permits. 7) Submit payment for all required Park Access Charges (PAC fees) as specified in the Park Director’s April 14, 2004, correspondence to Chesapeake Companies. 8) Submit an easement agreement that governs and provides for legal cross easements for parking, access, and utilities between all lots within the project. December 10, 2012 City Council Meeting Minutes 21 9) Submit an easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. 10) Submit an owners association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing). c. All 8-foot-wide parking spaces must be signed as either “employee” or “compact” car parking only. d. Pending the community design review board recommendation and city council approval, each building is allowed one freestanding sign, 25 feet in height and 100 square feet in area, except for the multi-tenant building which would be allowed a freestanding sign up to 150 square feet in area. All freestanding signs must maintain a 10-foot setback to a right-of-way. Each building is allowed three wall signs to be attached to separate elevations, except for the multi-tenant building which could have two wall signs for each tenant. Wall sign size is limited to 20 percent of the gross wall area on which the sign is attached. e. All construction shall follow the plans date stamped March 30, 2004, with revisions as noted in this approval. All construction shall also follow the plans for the remodeled Buffalo Wild Wings, date stamped November 2, 2012. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans, including a change to the site plan for the proposed future driveway access onto White Bear Avenue, pending Ramsey County engineer and city engineer approval. f. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. g. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on December 10, 2012. Approve the design plans for Buffalo Wild Wings to revise its exterior facades, build a new building entrance, build a new takeout entrance and expand its outdoor patio at its location at 3085 White Bear Avenue. Approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for the approved work. 2. Applicant shall maintain previously approved landscape plan, in addition the applicant shall be required to: 1) Replace any trees displaced by the expanded patio, location of new trees to be approved by staff. 2) Replace any damaged or killed foundation plantings due to the exterior building work. 3. Revised building elevations showing the following: 1) A 6-foot-high fence around the proposed, expanded outdoor patio, similar in style and materials as the existing fence. 4. Submit a cash escrow or an irrevocable letter of credit prior to receiving a building permit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. December 10, 2012 City Council Meeting Minutes 22 5. All signs must meet the conditions of the approved comprehensive sign plan for this site, which has the following requirements: 1) One freestanding sign, 25 feet in height and 100 square feet in area. Freestanding sign height must be measured from building grade to top of the sign, not ground grade to top of sign. All freestanding signs must have a decorative base constructed of quality building materials to match the corresponding buildings. 2) Three wall signs per building, only one per elevation. Size of the wall sign is limited to 20 percent of the gross wall area on which the sign is attached. Wall signs are not permitted on a canopy. 6. Complete the following before occupying the buildings: 1) Install all required exterior improvements. 2) Screen all roof-mounted equipment visible from streets. 7. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. 8. All work shall follow the approved plans. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of Annual Environmental Sustainability Report Environmental Planner Finwall gave the staff report. Councilmember Juenemann moved to approve the sustainability report. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Recommendation of No Further Action on Reinforced-Turf Parking Surfaces for Multi-Family Developments a. Planning Commission Report b. Community Design Review Board Report c. Consideration of Turf-parking Ordinance Senior Planner Ekstrand gave the staff report. December 10, 2012 City Council Meeting Minutes 23 Mayor Rossbach moved to take no action on amending the parking ordinance to allow reinforced- turf parking surfaces for multi-family developments. Seconded by Councilmember Koppen Ayes – All The motion passed. K. AWARD OF BIDS 1. Consider Receiving Quotes and Awarding Construction Contract – Police Department Expansion Phase #1 Assistant City Manager Ahl gave the staff report Councilmember Juenemann moved to award the low bid of $206,400 along with bid alternate No. 1 “lower level door hardware” in the amount of $6,900 for a combined total of $213,300 to Derau Construction. Seconded by Councilmember Koppen Ayes – All The motion passed. L. ADMINISTRATIVE PRESENTATIONS 1. Approval to Cancel City Council Work Session for Monday, January 7, 2013 City Manager Antonen gave the staff report. Councilmember Juenemann moved to approve the cancellation of the Council Manager W orkshop on Monday, January 7, 2013. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Update on Labor Negotiations a. Declaration of Intent to Close Meeting Mayor Rossbach moved to table due to nothing to report. Seconded by Councilmember Juenemann Ayes – All The Motion passed. M. COUNCIL PRESENTATIONS 1. Crime Alert Councilmember Cardinal would like residents to be aware of the Crime Alert Press Release that was issued by the City of Brooklyn Park on 12-05-12. The Crime Alert talked about burglaries in Brooklyn Park and gave residents some preventative tips. 2. Cable Service December 10, 2012 City Council Meeting Minutes 24 Councilmember Cardinal clarified that he and Councilmember Koppen do not receive free cable service for serving on the Cable Commission as indicated by some individuals. 3. City Attorney Information Councilmember Cardinal requested that the information he received from the League of Minnesota Cities regarding city attorneys be put on a workshop meeting in January. 4. Bruentrup Farm Councilmember Cardinal talked about the “Winter at the Farm” event held at the Bruentrup Farm on Saturday, December 8th and the great services and outreach they are providing to the community. 5. Joint Meeting with North St. Paul Councilmember Koppen would like to have follow-up meetings with the City of North St. Paul and City of Oakdale similar to the meetings that were held in 2011. 6. Cable Commission Discussion Mayor Rossbach would like staff to bring some ideas in the early part of next year to weigh the pros and cons of being a member of the cable franchise. Council wished the staff and residents a happy holiday. N. ADJOURNMENT Mayor Rossbach adjourned the meeting at 11:03 p.m.