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HomeMy WebLinkAbout11-26-2007MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, November 26, 2007 Council Chambers, City Hall Meeting No. 20 A. B. C. D. E CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:10 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach. Councilmember Present APPROVAL OF AGENDA City Manager, Greg Copeland requested to remove item F1 -Loading Assessment & Non- degradation Report/Public Meeting due to some coding errors that occurred in the printing of the packet. He also asked to remove item F3 -Proposed Ordinance -Broadcast of All City of Maplewood Public Meetings (First Reading). Councilmember Hjelle requested the addition of item M1. to discuss Maplewood Firefighter/Paramedic Kurt Parsons who recently passed away. Councilmember Rossbach requested the addition of M2. Ramsey County League of Local Governments. Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Hjelle. Ayes -All APPROVAL OF MINUTES Councilmember Cave moved to approve the October 22, 2007, Council Manager Workshop Minutes. Seconded by Mayor Longrie. Ayes -All Councilmember Juenemann called the Recording Secretary with a correction to the October 22, 2007, City Council Minutes. Page 24, item K1, the bottom paragraph is misplaced and should be moved to the next page to the next agenda item. November 26, 2007, City Council Meeting Mayor Longrie had a correction on page 6, item 7a. in the 5`h paragraph, the word ,° ^o.^~'^''^^ should be replaced with motion. Also on page 31, after the Mayor's ~ vote the reason for the Mayor's Nay vote should be inserted there. (Mayor Longrie had stated she voted Nay because there wasn't a resolution or understanding in place with the City of North St. Paul as to their participation in this project.) Mayor Longrie moved to approve the October 22, 2007, City Council Minutes as amended. Seconded by Councilmember Juenemann. Ayes -All Mayor Longrie moved to approve the October 29, 2007, Council Manager Workshop Minutes. Seconded by Councilmember Hjelle. Ayes -Mayor Longrie, Councilmembers Juenemann & Rossbach Abstain -Cave Councilmember Cave moved to approve the November 9, 2007, Special City council Meeting Minutes . Seconded by Councilmember Juenemann. Ayes -Mayor Longrie, Councilmembers Cave &Juenemann Abstentions -Councilmembers Hjelle & Rossbach City Attorney, Alan Kantrud requested that the city council reconsider keeping item F1. Loading Assessment and Non-degradation Report on the agenda for the Public Hearing. The coding and printing errors have been corrected and new copies of the staff report are available for everyone this evening. Because of state reporting requirements (that are due December 1s`), Mr. Kantrud asked if the council would reconsider placing agenda item F1 back on the agenda. IT Director Mychal Fowlds spoke regarding the coding error that occurred when the condensing of the file along with the converting of the file to a PDF file took place. This corrupted the data that staff did not find until after the printing took place and the packets were sent out and scanned onto the city's website. The problem has since been corrected, reprinted and posted on the city's website earlier today. After a lengthy discussion it was recommended by the Mayor that if it was the council's pleasure item F1. could be placed back on the agenda with the understanding that the Public Hearing would remain open for the public to submit written comments on until the end of business November 29, 2007. This will allow city staff time to compile and submit the written information to the state and still meet the deadline requirements. Mayor Longrie moved to keep item F1. Loading Assessment and Non-degradation Report on the agenda as a Public Hearing with the understanding that the public has the opportunity to submit written comments on this item until the end of business November 29, 2007, and that the public comments should be addressed to either the City Manager, Mr. Copeland or Public Works Director. Mr. Ahl. This will allow city staff time to compile the information and still make the deadline requirements Seconded by Councilmember Cave. Ayes -All November 26, 2007, City Council Meeting 2 F. PUBLIC HEARINGS Loading Assessment and Non-degradation Report/Public Meeting a. Public Works Director Chuck Ahl presented the item and introduced the speaker. b. Ron Leaf from SEH in Vadnais Heights addressed the council and gave a lengthy presentation. Mayor Longrie asked if anyone wanted to speak regarding this item. Larry Whitcomb, 518 County Road B East, Maplewood. Mayor Longrie closed the verbal portion of the public hearing. The comment period for the public hearing will remain open until the end of business November 29, 2007. 2. Proposed Ordinance Amendment- Non-compliance Re-inspection Fees (First Reading) a. Building Official, Dave Fisher presented the report and answered questions of the council. City Attorney, Alan Kantrud spoke and answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. Larry Whitcomb, 518 County Road B East, Maplewood. Mayor Longrie closed the public hearing. Councilmember Hjelle moved to approve the proposed Ordinance (first reading) adding language to the city code about reinspection fees for continuing non-compliance of the city code. Seconded by Councilmember Juenemann. Ayes -All G. VISITOR PRESENTATIONS The following Maplewood residents spoke about concerns about the Beaver Lake neighborhood. Staff took note of the concerns and will compile a report for the City Manager and Council to be brought back to the next city council meeting in December. Bill Schreiner, 1098 Beaver Lake Parkway, Maplewood. This area is only partially developed and building has been stagnant for 2 years. He said he was told by the city planning staff if a proposal came forward for this area that the neighborhood would receive notice of a public hearing. Under the original CUP it states a building cannot be more than 25 feet in height. He said he recently went to city hall to see the plans and noticed the building is 32 feet in height which is 25% higher than what was approved by the council. He provided a photo of the lot and area for the council to see the area in question. He said the CUP states the building should not be prominent from Beaver Lake but the entire 2°d floor and roofline is not only higher than the surrounding area is but the building would also be taller than the power pole shown in the photo. He said he also has environmental concerns. From 1988 - 2005 Beaver Lake shows a 53% increase in storm water runoff and almost a 40% increase in phosphorous due to the current development. November 26, 2007, City Council Meeting 3 Prior to all this development Lakewood Drive would never flood out. Now when it floods Lakewood Drive has to be closed, squad cars have to block both sides of the street making those squad cars unavailable for emergencies. This is also the primary response route for fire trucks and ambulances from the area fire hall. If you develop this area as planned you will add several thousand square feet of pavement and the runoff will end up on Lakewood Drive. This proposed development will have 36 units. In the metro suburban area there is an average of 2.1 cars per family which equals 117.6 cars. There are 84 garage stalls, 28 remote parking areas which account for a total 112 parking places which doesn't account for visitors or holidays. There are cars parked in front of his property. The conditional use permit states no parking on either side of a street that is 28 feet wide or less. If you measure the road on Beavercreek Parkway you will find the road isn't quite 28 feet wide, therefore, technically no parking is allowed on either side of the street. He said he and his wife entertain quite a bit and they have been utilizing those parking places now those parking places won't be available for guests. He has concerns about snow removal - there is no feasible snow removal plan that could be incorporated without incurring additional cost to the people already living there. This development will attract children and the lake across the street will be an attraction and a concern for parents. Nowhere in the CUP is there a thought of installing a crosswalk which is definitely needed. Many people use the area around the lake and crossing Lakewood Drive can be impossible. The bus stop at Lakewood Drive and Maryland Avenue concerns him because there is no access except to walk down Lakewood Drive and a sidewalk along that area would almost have to be mandatory for the safety of the pedestrians. Many of the items in the CUP have not been complied with and the developer hasn't been a good keeper of the land. The CUP addresses fencing that borders the walking paths but no fencing was installed, although the sprinkler system and landscaping is completed. The result is that they have had lawn damage to some of their neighbor's property and their lawns had to be repaired at their own expense. He asked to see the street lighting plans that were required by the CUP for 15 streetlights and 13 installed. There was also a condition to have Beaver Creek cleaned up. Several of his neighbors had complained to the city and to the developer regarding the debris and trash along with the polluted stream. Whatever clean up has taken place has been because the neighbors did the work themselves because the builder and developer refused to. There is supposed to be a tree plan with this development, when he met with the city planner he found out there was no tree plan but that 240 trees were supposed to be planted in this development but never were planted. Because of all of these concerns the city council should revisit this plan. The original plan says construction must significantly take place in one year. The individual homes were constructed for the 1s` 2"d and 3'd additions. The rest of the area has remained dormant for over 2 years now. The photo showed the overgrowth of weeds and grass in the area which they called the city to complain about because they were concerned it was going to be a fire hazard. Mary DeStasio, 1118 Beaver Creek Parkway, Maplewood. She said this plan is very outdated. There are traffic, wetland and other many legitimate concerns. There is also a very deep incline in the trail that goes down to the bridge. She happens to live on that walkway and she has witnessed many kids getting hurt on roller skates, skateboards, and kids playing in water back there and this is a safety concern especially with high density housing. November 26, 2007, City Council Meeting 4 Roger Kyle, 1140 Beaver Creek Parkway, Maplewood. He supports the comments that have already been made tonight. In the original CUP approval, item number 5. it states "The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets". He said there are two entrances and exits onto Beaver Creek Parkway and the entrance at the top of the hill on Lakewood Drive is a dangerous intersection. The view is impeded when you pull out there with the angle of the topography along with the traffic at 40 mph. The council should revisit the permit and give some consideration to the number of factors that have been brought up tonight. Craig Loftdahl, 1131 Sterling Circle North, Maplewood. He lives in the 2"d addition of Beaver Creek. He commented that the part of the development that is going to be developed is quite a bit higher in elevation than the existing homes. One of the areas that have outlot parking faces west so the car headlights will shine into the front windows of the homes on the east side, or the bottom of the U on Sterling Circle. According to number 4. in the CUP, it states "glare is something to be prohibited". He is a member of the townhome association and members have asked what is going to built in the open area. Each time he contacted the city to find out if anything had changed and if something did change will the neighbors be informed, he was told "yes". However, he said he was never told there was an annual CUP review by the city that the neighbors could give input on so this building plan came as a surprise when we found out about it. Elizabeth Sletten, 2747 Clarence Street, Maplewood. Ms. Sletten spoke about the Minnesota Open Meeting Law. She noticed in the minutes that the October 22, 2007, city council meeting was never completed and that it stated that the remainder of the October 22, 2007, city council meeting was to be completed November 26, 2007. However, she didn't see the unfinished items listed on this evening's agenda and she was concerned that the city council approved the October 22, 2007, minutes without completing the agenda yet. (Many of the items left on the agenda from October 22, 2007, were voluntarily removed from the council presentation list or had taken place long ago and weren't necessary to discuss any longer.) Ms. Sletten was referring to the Administrative Presentation item N1., which was the report on the complaint by Elizabeth Sletten regarding Xcel Energy Kohlman Lake Substation, by H. Alan Kantrud, City Attorney. (Mayor Longrie said she thought that information was presented and that the city would get her a copy of that information). She also stated that she hadn't received information from the City Manager that she requested months ago nor has she received a response from the City Clerk. (Mayor Longrie said the city received her requests but this may not be the appropriate body to ask for those items. Some of those issues are governed by state law or other issues. Some things have to do with a Plan B city and the people who have the authority to place that information on the agenda would have to be done by a city councilmember. The Mayor said she would be happy to sit down and show Ms. Sletten the state statute and how things operate.) She also brought up code violations in her neighborhood. (Mayor Longrie explained the proper way to report code violations to the code enforcement officer via the city website and code enforcement telephone number.) 6. Larry Whitcomb, 518 County Road B East, Maplewood. Mr. Whitcomb said he is here because of the road construction of Skillman and Desoto Street. When he first bought his house he had a concrete driveway which was in poor condition so he had an asphalt driveway put in but he left the concrete apron at the end of his driveway in the hopes that one day when he had enough money he would have the asphalt driveway removed and a new concrete driveway put in. When Skillman and Desoto Street were reconstructed the concrete apron was removed and an asphalt apron was put in instead of a concrete apron. November 26, 2007, City Council Meeting 5 He asked the Public Works/Engineering Department if he could get the asphalt apron replaced with a concrete apron since that was what was there to begin with. He thought he was going to get a letter from the city but instead he received an a-mail with a reply of no to the concrete apron request. That was not the answer he had hoped to get and he is unhappy with the results so he is bringing the issue to the attention of the city council. (Chuck Ahl said he would research the situation and get back to Mr. Whitcomb) Richard Currie, 1937 Kenwood Parkway East, Maplewood. As a member of the Historical Commission Mr. Currie invited everyone to Maplewood's 50`h Anniversary celebration Saturday, December 1s` at the Maplewood Community Center. Social hour starts at 5:00 p.m., Buffet Dinner by Kane's Catering starts at 6:15 p.m. and Live Dance Band "Reception Jazz" starts at 7:00 p.m. Tickets are $30.00 and can be purchased at the Maplewood Community Center. Councilmember Juenemann requested a recess at 9:31 p.m. The Council Meeting resumed at 9:43 p.m. H. APPOINTMENTS/PRESENTATIONS None. CONSENT AGENDA Councilmember Juenemann moved to approve items 1, 4, 5, 7, 8, 9, 11, and 12. Seconded by Councilmember Hjelle. Ayes -All Councilmember Hjelle moved to approve item 2. Seconded by Councilmember Juenemann. Ayes -All Councilmember Hjelle moved to approve item 3. Seconded by Councilmember Juenemann. Ayes -All 4. Councilmember Rossbach moved to approve item 6. Seconded by Councilmember Hjelle. Ayes -All 5. Councilmember Rossbach moved to approve item 10. Seconded by Councilmember Hjelle. Ayes -All Councilmember Juenemann moved to approve item 13. Seconded by Councilmember Rossbach. Ayes -All November 26, 2007, City Council Meeting 6 1. Approval of Claims Councilmember Juenemann moved Approval of Claims for November 9, and November 16, 2007. ACCOUNTS PAYABLE: $ 58,170.08 Checks #74040 thru #74096 Dated 11/09/07 thru 11/13/07 $ 311,586.28 Disbursements via debits to checking account Dated 10/31/07 thru 11/07/07 $ 1,276,081.05 Checks #74097 thru #74150 Dated 11/14/07 thru 11/21/07 $ 139,920.95 Disbursements via debits to checking account Dated 11/9/07 thru 11/20/07 $ 1,785,758.36 Total Accounts Payable PAYROLL $ 475,099.02 Payroll Checks and Direct Deposits dated 11/16/07 $ 2,641.05 Payroll Deduction check #10038 thru #1003835 dated 11/16/07 $ 477,740.07 Total Payroll $ 2 263 498.43 GRAND TOTAL Seconded by Councilmember Hjelle. Ayes -All 2. Authorization to Purchase Dell PowerEdge 6850 Server Councilmember Hjelle moved to approve the purchase of the Dell PowerEdge 6850 Server. a. IT Director Mychal Fowlds, answered questions of the council. Seconded by Councilmember Juenemann. Ayes -All 3. Approval of the Metropolitan EMS Regional Compact a. Fire Chief Steve Lukin answered questions of the council. Councilmember Hjelle moved to approve and sign the Metropolitan EMS Regional Compact which has been reviewed and authorized by the city attorney Seconded by Councilmember Juenemann. Ayes -All November 26, 2007, City Council Meeting 7 4. Annual Gambling License Renewal-Maplewood Athletic Association Councilmember Juenemann moved to approve the lawful gamblinq resolution application for the Maplewood Athletic Association to operate at Guldens. RESOLUTION 07-11-198 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Maplewood Athletic Association to operate at Guldens, located at 2999 Highway 61 North, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Hjelle. Ayes -All 5. Annual Gambling License Renewal -Pioneer Booster Club Councilmember Juenemann moved to approve the lawful gamblinq resolution application for the Pioneer Booster Club to operate at Huey's Saloon. RESOLUTION 07-11-199 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Pioneer Booster Club to operate at Huey's Saloon, located at 2425 Highway 61 North, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Hjelle. Ayes -All November 26, 2007, City Council Meeting 8 6. Conditional Use Permit Review -Comfort Bus - 1870 Rice Street Councilmember Rossbach moved to approve the Conditional Use Permit Review for the bus maintenance and repair garage for Comfort Bus at 1870 Rice Street and shall be reviewed again in one year. a. Lee Rossow, Comfort Bus addressed the council. Seconded by Councilmember Hjelle. Ayes -All 7. Conditional Use Permit Review -Woodlynn Ponds Townhomes -County Road D and Chisholm Parkway Councilmember Juenemann moved to approve the Conditional Use Permit Review -Woodlynn Ponds Townhomes PUD at County Road D and Chisholm Parkway and shall be reviewed in one year. Seconded by Councilmember Hjelle. Ayes -All 8. Conditional Use Permit Review -Regions Sleep Center - 2688 Maplewood Drive Councilmember Juenemann moved to approve the CUP for the Regions Sleep-Health Center at 2688 Maplewood Drive. If the applicant proposes a change or the city receives any complaints about this use this CUP would need to be reviewed again in one year. Seconded by Councilmember Hjelle. Ayes -All 9. Conditional Use Permit Review -Maple Leaf Ridge Business Center 2475-2495 Maplewood Drive Councilmember Juenemann moved to approve the CUP for Maple Leaf Ridge Business Center at 2475-2495 Maplewood Drive and shall be reviewed again in one year. Seconded by Councilmember Hjelle. Ayes -All 10. Conditional Use Permit Review -Saint Paul Regional Water Services - 1900 Rice Street Councilmember Rossbach moved to approve the CUP for Saint Paul Regional Water Services - 1900 Rice Street and shall be reviewed again in one year. Seconded by Councilmember Hjelle. Ayes -All 11. Conditional Use Permit Review -Saint Paul Business Center East - 1983, 1997, 2025 Sloan Place Councilmember Juenemann moved to approve the Saint Paul Business Center East - 1983, 1997, 2025 Sloan Place and shall be reviewed again in November 2008 to ensure continued compliance with city conditions of approval are met. Seconded by Councilmember Hjelle. Ayes -All November 26, 2007, City Council Meeting 9 12. Payment for Service -Aqua Logic Councilmember Juenemann moved to approve payment to Aqua Logic for $5,640.49. For the replacement of the lap pool pump at the MCC Pool that included additional unforeseen expenses of $845.33. Seconded by Councilmember Hjelle. Ayes -All 13. Resolution for Adopting 2008 Ambulance Rates Councilmember Juenemann moved to approve the amended language adopted November 19, 2007, for the Resolution Adopting the 2008 Ambulance Rates. The last paragraph should now read BE IT FURTHER RESOLVED, that if more than one person is transported, each patient will be billed separately and at the full rate based on the ALS or BLS rate schedule. The mileage charge will be split equally between the two patients." a. Fire Chief Steve Lukin answered questions of the council. RESOLUTION 07-11-197 ADOPTING 2008 AMBULANCE RATES WHEREAS, the City of Maplewood is authorized to impose reasonable charges for emergency and paramedic ambulance services by Minnesota Statutes 471.476 and by special laws of 1978); and WHEREAS, it is fair and reasonable to charge for services rendered based upon the distance a person is transported and by type of services provided; i.e., basic or advanced life support services as defined by Medicare. NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be effective January 1, 2008. Base rates: Non-transport (treatment administered) $ 505.00 Basic life support ambulance services $1,330.00 Advanced life support ambulance services 1 $1,750.00 Advanced life support ambulance services 2 $1,930.00 Rate per mile transported $ 17.30 BE IT FURTHER RESOLVED, that there shall be no charge when the patient has not been administered treatment and is not transported, when the patient is transported to the detoxification center, or when the patient is transported in a squad car. BE IT FURTHER RESOLVED, that if more than one person is transported, t~° °^,~.,,ba;a: ce cp.o r°+°a ti°+,.,°°.. +ti° .,°°.,~° +..,..°.,°~+°a_each patient will be billed separately and at the full rate based on the ALS or BLS rate schedule. The mileage charge will be split equally between the two patients. Seconded by Councilmember Rossbach. Ayes -All November 26, 2007, City Council Meeting 10 J. AWARD OF BIDS 1. Lighting Retrofit of Public Works and Parks Recreation Buildings a. Chief Building Engineer, Larry Farr reported. Councilmember Rossbach moved to approve the city award contract to Muska Electric, for Seconded by Councilmember Hjelle. Ayes -All 2. Build-Out and remodeling of former dispatch center in Police Department a. Chief Building Engineer, Larry Farr reported. Councilmember Cave moved to approve the bid awards to spend $35,995.98 approved in the 2007 budget for the lockers and installation, electrical work improvements. The awarded bids are approved for A & K Equipment for $19,820.98 and Muska Electric for $16,175. This is for reorganizing and remodeling several areas in the Police Department. Seconded by Councilmember Hjelle. Ayes -All 3. Redesignation of funds at MCC -Exercise Area Expansion Project a. Chief Building Engineer, Larry Farr reported. Councilmember Cave moved to approve to re-designate and spend MCC project funds for projects per the project list available for City Council review. Seconded by Councilmember Hjelle. Ayes -All K. UNFINISHED BUSINESS 1. Marshlands Project Proposal at TH 5-120 Property, City Project 03-20, Project Report and Update a. Public Works Director, Chuck Ahl presented the report and answered questions. b. Ron Cockriel, 943 Century Avenue, Maplewood, addressed the council. Mayor Longrie moved to support the work by the Task Force on the Marshlands Proposal for the MnDOT property at TH 5 and TH 120. It is also recommended that the Public Works Director and Environmental Manager continue to explore this option, including review with the Environment and Nature Resources and Parks Commissions. A further update on progress shall be by city staff to the city council prior to the end of 2008. Seconded by Councilmember Hjelle. Ayes -All November 26, 2007, City Council Meeting 11 2. Reconsideration motion by Mayor Longrie on Village Tot Lot, Approval to Purchase Equipment/Preparation of Site from the October 22, 2007, City Council Meeting a. Public Works Director, Chuck Ahl presented the report and answered questions. b. Peter Fischer, Park & Recreation Commission member, 2443 Standridge, Maplewood, addressed the council and answered questions. Mayor Longrie made a motion to reconsider this purchase of playground equipment. The motion died for lack of a seconded. 3. Maplewood Fire Fighters Relief Association a. Finance and Administration Manager, Bob Mittet gave the presentation and answered questions of the council. b. Ed Fitzgerald, President of the Maplewood the council and answered questions. Fire Fighters Relief Association, addressed Councilmember Rossbach recommended that this item be separated into two different motions. Councilmember Rossbach moved to approve increasing the benefit level from $4,500 to $5,500. This is the benefit each member earns for a qualifying year of service. At 20 years, the fire fighter would qualify for a one time cash benefit of $110,000 instead of $90,000. Seconded by Mayor Longrie. Ayes -Mayor Longrie, Councilmembers Cave, Juenemann and Rossbach Abstain -Councilmember Hjelle Mayor Longrie moved to approve to increase the City's commitment to fund the plan from $1,400 Seconded by Councilmember Cave. The motion died with a 2 to 2 vote and 1 abstention. Ayes -Mayor Longrie, Councilmember Cave Navs -Councilmembers Juenemann, Rossbach Abstain -Hjelle Councilmembers Juenemann and Rossbach voted nay because the 2008 Budget has not been finalized and this item could be brought back to the council to be reconsidered when the city knows the financial situation with the 2008 budget. Councilmember Hjelle moved to extend the meeting at 11:10 p.m. Seconded by Councilmember Rossbach. Ayes -Councilmembers Hjelle, Rossbach Navs -Mayor Longrie, Councilmembers Cave and Juenemann November 26, 2007, City Council Meeting 12 The motion died on a 2 to 3 vote. Councilmember Hjelle moved to extend the meeting to complete agenda items L1. - L. 5. and L9. Seconded by Councilmember Cave. Ayes -Mayor Longrie, Councilmembers Cave, Hjelle, Rossbach - Councilmember Juenemann The council will continue the remainder of the shown below at the next city council meeting on December 10. 2007.. L6 - Moaren Street Improvements. City Project 06-17. Resolution Modifying Existing Construction Contract, Chance Order 2. 2. L7 - Disconnection Program. 3. 4. Item M1. Maplewood Firefighter/Paramedic Kurt Parsons. 5. Item M2. Ramsey County of Local Governments. 6. Item F3 Proposed Ordinance -Broadcast of All City of Maplewood Public Meetings (First Reading) was pulled by the City Manager at the start of the council meeting on November 26, 2007. L. NEW BUSINESS 1. On-Sale Intoxicating Liquor License -Red Lobster a. Police Chief, Dave Thomalla reported. b. Guy Ficek, 2925 White Bear Avenue, Red Lobster, addressed the council. Councilmember Cave moved to approve the on-sale liquor license for Mr. Ficek to be used at 2925 White Bear Avenue, Red Lobster#283. Seconded by Councilmember Hjelle. Ayes -All 2. Off-Sale Intoxicating Liquor License - Merwin Liquors a. Police Chief .Dave Thomalla reported. b. Louis Dachis, Menvin Liquors, 1700-D Rice Street, addressed the council. Councilmember Cave moved to approve the off-sale liquor license to Mr. Louis Dachis, for Merwin Liquors, 1700-D Rice Street. Seconded by Councilmember Hjelle. Ayes -All November 26, 2007, City Council Meeting 13 3. Lot Width Variance and Lot Division - 1805 Arcade Street North a. Planner, Ken Roberts presented the report. b. Joe Boeser, 3054 Hazelwood Street, Maplewood, Planning Commissioner, gave the planning commission report. c. Dick Smith, Jendi Properties LLC, 1992 Evergreen Court, Roseville, addressed the council. Councilmember Hjelle moved to approve the Lot Width Variance and Lot Division at 1805 Arcade Street North. VARIANCE RESOLUTION 07-11-200 WHEREAS, Dick Smith of Jendi Properties, LLC, applied to the city for approval of a 14- foot-wide lot width variance. WHEREAS, the variance applies to the property at 1805 Arcade Street. WHEREAS, Section 44-106 of the Maplewood Code of Ordinances requires that lots for single dwellings have a minimum lot width of 75 feet. WHEREAS, the applicant is proposing a 60-foot-wide lot. WHEREAS, the history of these variances is as follows: On November 5, 2007, the planning commission held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission recommended that the city council approval of the variances. The City Council held a public meeting about this request on November 26, 2007. The city council considered reports and recommendations from the city staff and planning commission. The city council Approved the variances. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described variances for the following reasons: The problem requiring the lot width variance in this circumstance is a problem that the current owner did not cause (i.e., location of the existing house). The new lot width will be in keeping with the two single family properties to the south, which both have 50-foot-wide lots. c. The variance and creation of separate lots for the existing houses in this locatior will not change the character of the area as surrounding properties are all single family houses with similar lot sizes. The Maplewood City Council adopted this resolution on November 26, 2007. November 26, 2007, City Council Meeting 14 Councilmember Hjelle moved to approve the lot division site plan date stamped September 21, requirements (Section 34-14 -lot divisions) and is subject to the following: Submit a revised survey to staff for approval which shows that Parcel A maintains a lot width of at least 60 feet. Submit a cash escrow or letter of credit to cover 150 percent of the following: 1) Removal of all portions of the existing driveway which are within five feet of the shared property line. 2) Construction of a new driveway for Parcel B. 3) Construction of a new garage door to be located on the east side of the attached garage on Parcel B. 4) Conversion of the house or building a new single dwelling on Parcel A to meet city zoning code size and building code requirements. c. Lot A must be combined with Parcel A. d. If the lots are to be sold or deeded to another party, deeds describing the two new legal descriptions for both lots. e. Once the above-mentioned conditions are met, the city will stamp the survey or deeds. These must be recorded with Ramsey County within one year of the date of the lot division approval or the lot split will become null and void (city code requirement). f. Prior to issuance of a grading or building permit for any improvements to Parcel A or Parcel B, the following must be submitted to staff for approval: 1) Proof that Ramsey County has recorded the lot division. 2) A signed certificate of survey showing the location of all property lines and the location of the improvements which must maintain all required setbacks. Seconded by Councilmember Juenemann. Ayes -All 4. Conditional Use Permit -Commercial Truck Parking -1003 Century Avenue North a. Planner, Ken Roberts presented the report. b. Joe Boeser, 3054 Hazelwood Street, Maplewood, Planning Commissioner, addressed the council and gave the planning commission report. c. Thomas Tachney, 1003 Century Avenue North, Maplewood, addressed the council. Councilmember Hjelle moved to approve the resolution which approves a conditional use permit for Mr. Thomas Tachney to store or park one heavy commercial vehicle (one enclosed delivery truck) on the property at 1003 Century Avenue North. Changing condition 6. from a 6 month review to 1 (onel year and that the property owner shall maintain the veaetative screenina alona Century Avenue November 26, 2007, City Council Meeting 15 RESOLUTION 07-11-201 CONDITIONAL USE PERMIT HEAVY COMMERCIAL VEHICLE STORAGE AND PARKING WHEREAS, Mr. Thomas Tachney is requesting that Maplewood approve a conditional use permit (CUP) to store a heavy commercial vehicle (one enclosed delivery truck) on the property he owns at 1003 Century Avenue North. WHEREAS, this permit applies to the property at 1003 Century Avenue North. The legal description is: Midvale Acres, the east one-half of Lot 1, Block 2 (PIN 25-29-22-14-0034) WHEREAS, the history of this conditional use permit is as follows: On November 5, 2007, the planning commission held a public hearing to review this request. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission did not make a recommendation about the proposed permit to the city council. The city council reviewed this proposal and considered the planning commission's review and action on November 26, 2007. The council gave everyone at the meeting a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approves this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. The use would not change the existing or planned character of the surrounding area. 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. November 26, 2007, City Council Meeting 16 The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The owner or operator of the truck doing the following: a. Residing on the property. b. Parking the truck on the existing driveway or on the gravel parking pad. c. Not parking the truck on a public street. d. Maintaining the driveway and parking pad in good condition. 2. The owner or operator shall not let the truck's engine idle for more than thirty (30) minutes in any one (1) hour period. In no circumstances may the owner or operator idle the engine for more than two periods, lasting thirty (30) minutes each, in one twenty-four (24) hour period. There shall not be any engine idling that disturbs the neighbors between 9 p.m. and 7 a.m. 3. The owner or operator shall not do any maintenance or repair of the truck or commercial equipment on the property. 4. The owner or operator shall not load or unload the truck on the property or on adjacent properties. 5. The owner or operator of the truck shall not have any hazardous materials stored in the truck when he has it on the residential property. 6. The city council shall review this permit in 1 (one year. 7. The property owner shall maintain the vegetative screening along Century Avenue. The Maplewood City Council adopted this resolution on November 26, 2007. Seconded by Councilmember Juenemann. Ayes -All 5. Approve Agreement for Nuisance Abatement at 1262 Myrtle Street and Authorize Funding from Environmental Utility Fund a. Public Works Director, Chuck Ahl presented the report. Councilmember Juenemann abatement of the nuisance consistent with the agreement and authorize the City Engineer to disburse the funds as necessary. MEMORANDUM AND AGREEMENT OF UNDERSTANDING This Agreement is entered into by the City of Maplewood (the City) and Randy Hildebrandt (The Hildebrandt's) residing at and as owner of record of 1262 Myrtle Street, City of Maplewood, MN 55119 (the property). November 26, 2007, City Council Meeting 17 WHEREAS: The Hildebrandt's have constructed or initiated construction of a, "retaining wall," on the property without applying for or being issued from the City a building permit to do so and, WHEREAS: The City has determined upon inspection and conclusion of it Public Work's staff that the unauthorized retaining wall currently existing as constructed on the property is leaning severely and beginning to fail and, WHEREAS, the existing, unauthorized, retaining wall is adjacent to a drainage easement retained by the City for drainage and associated purposes, the legitimacy of which is not questioned or challenged and, WHEREAS, City crews have completed maintenance work in the existing drainage easement to maintain drainage in the area for the benefit of the public and the neighboring parcels specifically and, WHEREAS, there exists the real potential that the existing, unauthorized, retaining wall as constructed is in imminent likelihood of collapse and failure and would thereby divert water to the neighboring properties and cause extensive damage to those parcels and, WHEREAS, the City is authorized to declare the existing, unauthorized, retaining wall, as constructed, to be a "public nuisance," as defined by Statute and intervene on behalf of the public with their own crew to abate the nuisance situation and potential public harm using its inherent power and, WHEREAS, the Hildebrandt's have acknowledged the potential gravity of the situation with respect to the existing, unauthorized, retaining wall as constructed and, WHEREAS, the Hildebrandt's have offered to the City certain assurances that they are intent on reconstructing the wall to the satisfaction of the City with a contractor previously engaged and have agreed to apply for the appropriate permit to do so and, WHEREAS, the City has been made aware of the fact that the only impediment to the reconstruction and stabilization of the existing, unauthorized, retaining wall is the availability of approximately $20,000 in contractor fees to complete the work and, WHEREAS, the Hildebrandt's acknowledge that the City could make such a declaration, proceed with the work and assess the property for the entirety of the work using its inherent power to abate said, "public nuisance." NOW, THEREFORE, with both parties being fully apprised of the issues and remedies of the other, the parties do agree and bind the other to the following: City agrees to not pursue its ability to declare the existing, unauthorized, retaining wall a, "public nuisance," and further agrees not to enter onto the property for purposes of reconstruction and stabilization at this time pursuant to this binding Agreement. The Hildebrandt's shall apply and pay for a permit to reconstruct and stabilize the existing retaining wall on the property. The City shall review the plans and issue a permit for the work to be completed; the plans shall address the problems and deficiencies identified by the City of the unauthorized, existing wall to its satisfaction. November 26, 2007, City Council Meeting 18 The Hildebrandt's and the City shall enter into a contract with a contractor of the Hildebrandt's choice to complete the work, said contract shall not be declined by City unless the contractor so-chosen is deemed unfit or not qualified to perForm the work and said approval shall not be withheld without said cause shown and shall not be unreasonably withheld. Said contract shall be incorporated herein as an Exhibit upon execution. 5. Any contract for services shall assume a completion date within three (3) weeks time. 6. Upon completion to the satisfaction of the City and certification of its staff, City shall tender payment to contractor in an amount not to exceed $20,000.00. 7. In recognition of the City not pursuing its legal remedies and funding this private project the Hildebrandt's agree to fully compensate the City for the funds advanced on their behalf by the City pursuant to the contract to which both parties have entered into as hereinbefore described. 8. The Hildebrandt's hereby agree to remunerate the City for all costs and fees associated with and paid for in their behalf on or before September 1, 2008. 9. The Hildebrandt's further stipulate and agree that any unpaid balance due to the City pursuant to this agreement after the 1st of September, 2008, shall be certified as an assessment to the Hildebrandt's local property taxes with interest applied from the date the monies were advanced by City. 10. The Hildebrandt's further agree and acknowledge that this is a binding agreement and is a settlement of the situation at hand but shall not in any way be construed as limiting the power or ability of the City to act in any way it deems necessary and or legally authorized to act in order to effectuate a remedy to this situation and pursuant to the spirit and intent of this agreement. 11. The Hildebrandt's by and through this agreement do hereby waive any right to object or challenge any assessment that is required and proper made against the property and further waive a public hearing on the matter. 12. The City agrees to abide by this agreement so long as the terms and conditions continue to be met. 13. The parties also acknowledge and incorporate the assent of the neighboring property owner in this matter to allow for ingress and egress onto the property for all purposes related to the subject matter of this agreement. That agreement shall operate as a license to enter for intents and purposes consistent with this agreement and shall expire upon the completion of final inspection and cleanup of the project or as agreed to and extended by written amendment to this agreement. 14. This agreement shall be recorded against the property to memorialize the same, but shall not operate as a lis pendens for purposes of marketability. 15. Upon completion and final inspection and approval the City shall acknowledge and record a satisfaction of the agreement with the County Recorder. The costs associated with the filing of these documents shall be borne by the Hildebrandt's November 26, 2007, City Council Meeting 19 16. The City Counsel shall, by resolution, authorize this agreement and acknowledge the terms as fair and equitable under the circumstances. Counsel shall further authorize staff to proceed pursuant to this agreement without further notice or review, but shall revisit the matter if the repayment terms are not met for the limited purpose of authorizing the assessment to the property. 17. The Hildebrandt's agree to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorneys' fees, arising out of actions or omissions by them, or their employees and agents, in connection with the Publicly funded improvements to the property. 18. All Notices, certificates or other communications required to be given to the City and the property owner must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: Chuck Ahl, Director of Public Works City of Maplewood 1830 Co. Road B East Maplewood, MN 55119 If to property owner: Randy Hildebrandt 1262 Myrtle Street Maplewood, MN 55119 19. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. 20. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provision. This Agreement will terminate at the time all of the property owner's obligations have been fulfilled and when the cost of the Publicly funded improvements have been paid in full, or one (1) year after acceptance of the improvements by the City and assessment to the property is made, whichever occurs first. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the property owner have executed this Agreement at Maplewood, Minnesota, the day and year first above written. CITY OF MAPLEWOOD (SEAL) By: Diana Longrie, Its Mayor And Karen Guilfoile, Its City Clerk PROPERTY OWNER By: Mr. Randy Hildebrandt November 26, 2007, City Council Meeting 20 STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) On this day of November, 2007, before me, a Notary Public within and for said County, appeared Diana Longrie and Karen Guilfoile, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Maplewood, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) On this day of November, 2007, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, did say that he is the property owner named in the foregoing instrument and that this instrument was signed as the free act and deed of himself as property owner. Notary Public Seconded by Councilmember Hjelle. Ayes -All 9. Proposal to Close City Offices on Christmas Eve -December 24, 2007, and New Year's Eve -December 31, 2007. City Manager, Greg Copeland presented the report. Councilmember Eric Hjelle spoke. After a lengthy conversation between the council and staff, Councilmember Hjelle decided to remove this item from the agenda because of union and contract concerns. M. COUNCIL PRESENTATIONS M1. Maplewood Firefighter/Paramedic Kurt Parsons M2. Ramsey County of Local Governments N. ADMINSTRATIVE PRESENTATIONS None. O. ADJOURNMENT Mayor Longrie moved to adjourn the meeting at 12:02 a.m. November 26, 2007, City Council Meeting 21