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