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HomeMy WebLinkAbout03-24-2008MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, March 24, 2008 Council Chambers, City Hall Meeting No. 09-08 A. B. C. D. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:05 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach. Councilmember Present APPROVAL OF AGENDA Councilmember Nephew moved to table L1. until the next council meeting. Seconded by Councilmember Rossbach. Ayes -All The motion passed. The following items were added to the agenda by the council. M2. Ramsey County League of Local Government -Councilmember Rossbach M3. The Rock Nightclub -Smoking Theatrical Performances -Councilmember Hjelle M4. Additional Information from Eureka Recycling Article in City News -Mayor Longrie M5. Update on Historical Preservation Commission Meeting Mayor attended -Mayor Longrie M6. Information About Court Transcripts -Mayor Longrie M7. City Newsletter -Mayor Longrie M8. Questions from Citizens Regarding Update for Ordinances -Mayor Longrie M9. Senior Friendly Development Article -Mayor Longrie M10. Sniffers Article -Mayor Longrie M11. Update on Conservation Easements -Mayor Longrie Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Hjelle. Ayes -All The motion passed. March 24, 2008 City Council Meeting Minutes E. APPROVAL OF MINUTES Councilmember Juenemann moved to approve the February 25, 2008, 6:30 Council Workshop Minutes as submitted. Seconded by Councilmember Rossbach. Ayes -All The motion passed. Councilmember Rossbach moved to approve the March 3, 2008, 5:00 Closed Session Meeting Minutes as submitted. Seconded by Councilmember Juenemann. Ayes -All The motion passed. Councilmember Hjelle moved to approve the March 3, 2008, 6:15 Council Manager Workshop Minutes as submitted. Seconded by Councilmember Nephew. The motion passed. Ayes -All Abstain -Councilmember Juenemann Councilmember Rossbach moved to approve the March 10, 2008, 4:45 Council Manager Workshop Meeting Minutes as submitted. Seconded by Councilmember Nephew. The motion passed. Ayes -All Abstain -Councilmember Hjelle Councilmember Nephew stated the councilmember's names were missing from who had moved approval of the agenda and who seconded the motion. (The recording secretary corrected the missing information which was Councilmember Nephew moved approval of the agenda and Councilmember Juenemann seconded the motion.) Councilmember Nephew moved to approve the March 10, 2008, 6:15 Closed Session Meeting Minutes as amended. Seconded by Councilmember Juenemann. Ayes -All The motion passed. Abstain -Councilmember Hjelle Approval of March 10, 2008, City Council Meeting Minutes. March 24, 2008 2 City Council Meeting Minutes Councilmember Nephew had two spelling corrections on Page 6, under Visitor Presentations. Correcting the spelling of Mr. Sch+Iling's last name to Mr. Schelling and Mr. Wysoff to Mr. Wykoff. Councilmember Rossbach moved to approve the March 10, 2008, City Council Meeting Minutes as amended. Seconded by Councilmember Nephew. The motion passed. F. APPOINTMENTS/PRESENTATIONS Ayes -All Abstain -Councilmember Hjelle Resolution of Recognition of the Hill Murray Hockey Team a. Mayor Longrie read the Proclamation aloud and presented it to the Hill Murray Hockey Team. Proclamation for Hill Murray High School State Championship Hockey Team, 2008 WHEREAS, Hill Murray High School is an important part of the City of Maplewood Community, and WHEREAS, Hill Murray High School provides a valuable educational experience to many of our Maplewood residents, and WHEREAS, the Hill Murray Hockey Team of 2008 won the Class 4AA Championship; WHEREAS each member of the team; Kirk McGinley, Chris Casto, Tyler Zepeda, Nick Widing, Paul Prescott, Isaac Koh/s, Ryan Furne, Delaney "Lou" Metcalf, Alex Kelly, Monte French, Jordan Johnson, Dave Cascalenda, Jeff Westerhaus, Bo Dolan, Jeff Sonntag, Dan Cecka, Dan Sova, Jonathan Stadler, Andy Singerhouse, Jack Walsh, and Joe Phillippi along with coaches, Bill Lechner and Pat Schafhauser represented the spirit of the State of Minnesota's High School Hockey; WHEREAS the City of Maplewood supports the State of Hockey and congratulates its 4AA Champions, the Hill Murray Pioneers; NOW, THEREFORE lT BE RESOLVED that 1, Diana Longrie, Mayor of Maplewood and the City Council members, do hereby proclaim March 31, 2008, as Celebrate The State of Hockey Class 4AA Hockey Champions, Hill Murray High School Day. Diana Longrie, Mayor John Nephew, City Councilmember Will Rossbach, City Councilmember G. PUBLIC HEARINGS Erik Hjelle, City Councilmember Kathleen Juenemann, City Councilmember March 24, 2008 City Council Meeting Minutes Karen Guilfoile, City Clerk 3 Wetland Ordinance (First Reading) a. Environmental Planner, Shann Finwall gave the report and answered questions of the council. b. Ginny Gaynor, Open Space Coordinator answered questions of the council. c. Ginny Yingling, Environmental and Natural Commission member answered questions of the council. d. DuWayne Konewko, Environmental Manager answered questions of the council. e. City Attorney, Alan Kantrud answered questions of the council. f. Jeremy Yarwood, Planning Commission member offered comments from the Planning Commission. g. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. Mayor Longrie opened the public hearing. Nancy Lazaryan, 2516 Linwood Avenue, Maplewood, addressed the council and offered her comments regarding the first reading of the Wetland Ordinance. Bob Zick, 2515 White Bear Avenue, Maplewood addressed the council and offered his comments regarding the first reading of the Wetland Ordinance. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to approve the First Reading of the Wetland Ordinance. Seconded by Councilmember Juenemann. Ayes -All The motion passed. Councilmember Juenemann thanked everyone that worked so diligently on the draft of the First Reading of the Wetland Ordinance. Mayor Longrie requested that the Public Hearing notices be sent out to the residents that would be affected by this ordinance prior to the Second Reading of the Wetland Ordinance. Staff and council discussed the parameters of the hearing notice and the council made it known to staff which property owners should be made aware of the Second Reading of the Wetland Ordinance. H. VISITOR PRESENTATIONS Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick spoke regarding item L' (Approval of 2007-2008 Contract between the City of Maplewood and Maplewood Confidential and Supervisory Association) that was removed from the agenda. Nancy Lazaryan, 2516 Linwood Avenue, Maplewood. Ms. Lazaryan spoke regarding property in south Maplewood and ongoing concerns with the City of Maplewood. CONSENT AGENDA Councilmember Hjelle moved to approve items 1, 3, 5, 7, 8, 10, 12 Seconded by Councilmember Juenemann. Ayes -All The motion passed. March 24, 2008 4 City Council Meeting Minutes 2. Mayor Longrie moved to approve item 2. Seconded by Councilmember Hjelle. Ayes -All The motion passed. 3. Mayor Longrie moved to approve item 4. Seconded by Councilmember Juenemann. Ayes -All The motion passed. 4. Councilmember Juenemann moved to approve item 6. Seconded by Councilmember Hjelle. Ayes -All The motion passed. 5. Mayor Longrie moved to approve item 9. Seconded by Councilmember Hjelle. The motion passed. Ayes -Councilmembers Hjelle, Juenemann, Nephew, & Rossbach -Mayor Longrie 6. Councilmember Nephew moved to approve item 11. Seconded by Councilmember Hjelle. Ayes -Councilmembers Hjelle, Juenemann, Nephew, & Rossbach The motion passed. -Mayor Longrie 7. Mayor Longrie moved to approve item 13. Seconded by Councilmember Hjelle. Ayes -All The motion passed. 8. Councilmember Juenemann moved to approve 14. Seconded by Councilmember Hjelle. Ayes -All The motion passed. 1. Approval of Claims. Councilmember Hjelle moved approval of claims. March 24, 2008 5 City Council Meeting Minutes ACCOUNTS PAYABLE: $ 332,585.55 Checks #74992 thru #75040 $ 162,496.70 Disbursements via debits to checking account Dated 02/28/08 thru 03/06/08 $ 282,182.89 Checks #75041 thru #75075 $ 325,380.57 Disbursements via debits to checking account Dated 03/06/08 thru 03/13/08 $ 1,905,741.39 Total Accounts Payable PAYROLL $ 476,266.62 Payroll Checks and Direct Deposits dated 03/07/08 $ 2,941.13 Payroll Deduction check #1004805 thru #1004807 dated 03/07/08 $ 479,207.75 Total Payroll $ 1.581.853.46 GRAND TOTAL Seconded by Councilmember Juenemann. Ayes -All The motion passed. 2. Purchase of Police Vehicles. a. Maplewood Police Chief, Dave Thomalla answered questions of the council. Mayor Longrie moved to recommend approval for the Maplewood Police Department to order and purchase in May 2008, five 2008 Ford Crown Victoria Police Interceptor squad cars at a state contract price of $21,105 for each car. Seconded by Councilmember Hjelle. Ayes -All The motion passed. 3. Donation to Landfall Cops `N Kids Fishing Clinic. Councilmember Hjelle moved to recommend approval for the Maplewood Police Department to receive a $300 donation from Saturn of Saint Paul for the annual Landfall Cops 'N Kids Fishing Clinic. Seconded by Councilmember Juenemann. Ayes -All The motion passed. 4. Memorandum of Agreement -Suburban Ramsey Safe Schools/Healthy Students Initiative. a. Maplewood Police Chief, Dave Thomalla answered questions of the council. March 24, 2008 6 City Council Meeting Minutes Mayor Longrie moved to recommended that approval be given to participate in this Suburban Ramsey Safe Schools/Healthy Students Initiative and that the necessary budget adjustments be made to expend funds received, if any, as outlined in the Memorandum of Agreement. Seconded by Councilmember Juenemann. Ayes -All The motion passed. 5. Temporary Gambling -Church of the Presentation of the Blessed Virgin Mary. Councilmember Hjelle moved approval of the Temporary Gambling for the Church of the Presentation of the Blessed Virgin Mary. RESOLUTION 08-03-034 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood. 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 Juenemann. Ayes -All The motion passed. 6. Temporary Gambling -Transfiguration Catholic Church Event at Hill Murray High School. a. City Clerk, Director of Citizen Services answered questions of the council. Councilmember Juenemann moved to approve the Temporary Gambling for the Transfiguration Catholic Church Event at Hill Murray High School. RESOLUTION 08-03-035 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Transfiguration Catholic Church, 6133 15`h Street North, Oakdale, at Hill Murray High School, 2625 Larpenteur Avenue East, Maplewood. 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. March 24, 2008 City Council Meeting Minutes 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 The motion passed. 7. Kohlman Lane Area Street Improvements, City Project 07-21. a. Resolution Approving Plans and Specifications and Advertising for Bids. b. Resolution Ordering Preparation of Assessment Roll. c. Resolution Accepting Assessment Roll and Ordering Assessment Hearing. Councilmember Hjelle moved to approve the Kohlman Lane Area Street Improvements, City Proiect 07-21. RESOLUTION 08-03-036 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on February 11`h, 2008, plans and specifications for Kohlman Lane Area Street Improvements, City Project 07-21, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 18th day of April, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 28`h, 2008. RESOLUTION 08-03-037 ORDERING PREPARATION OF ASSESSMENT ROLL March 24, 2008 8 City Council Meeting Minutes WHEREAS, the city clerk and city engineer will receive bids for the Kohlman Lane Area Street Improvements, City Project 07-21. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION 08-03-038 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Kohlman Lane Area Street Improvements, City Project 07-21, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of April 2008, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Juenemann. Ayes -All The motion passed. 8. Hazelwood Street Improvements, City Project 07-25. a. Resolution Approving Plans and Specifications and Advertising for Bids. b. Resolution Ordering Preparation of Assessment Roll. c. Resolution Accepting Assessment Roll and Ordering Assessment Hearing. Councilmember Hjelle moved to approve the Hazelwood Street Improvements, City Proiect 07-25. RESOLUTION 08-03-039 APPROVING PLANS ADVERTISING FOR BIDS March 24, 2008 9 City Council Meeting Minutes WHEREAS, pursuant to resolution passed by the city council on February 11`h, 2008, plans and specifications for Hazelwood Street Improvements, City Project 07-25, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD. MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 2nd day of May, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 12`h, 2008. RESOLUTION 08-03-040 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Hazelwood Street Improvements, City Project 07-25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION 08-03-041 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Hazelwood Street Improvements, City Project 07-25, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 12`h day of May 2008, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. March 24, 2008 10 City Council Meeting Minutes 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Juenemann. Ayes -All The motion passed. 9. Myrtle-Idaho Street Improvements, City Project 07-19, and Sterling Street Improvements, City Project 07-32. a. Resolution Combining Projects. b. Resolution Approving Plans and Specifications and Advertising for Bids. c. Resolution Ordering Preparation of Assessment Roll. d. Resolution Accepting Assessment Roll and Ordering Assessment Hearing. Mayor Longrie moved to approve the Myrtle-Idaho Street Improvements, City Proiect 07-19, and Sterling Street Improvements, City Proiect 07-32. RESOLUTION 08-03-042 COMBINING PROJECTS AND PROJECT FINANCING WHEREAS, there was a reduction in the project scope to both the Myrtle-Idaho Area Street Improvements, City Project 07-19 and Sterling Street Improvements, City Project 07-32. WHEREAS, if the above mentioned projects are combined as one single construction project the construction bidding prices are likely to be more competitive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. Myrtle-Idaho Area Street Improvements, City Project 07-19 and Sterling Street Improvements, City Project 07-32 be combined as a single project under the new name of Myrtle-Sterling Street Improvements, City Project 07-19. 2. The finance director is authorized to combine the projects and make the necessary financial transfers in order to establish the combined budget as reflected below: March 24, 2008 11 City Council Meeting Minutes City Project 07-19 City Project 07-32 City Project 07-19 Source Myrtle-Idaho Sterling Combined (Myrtle-Sterling) General Tax Levy $ 366,176.00 $ 196,401.00 $ 562,577.00 Assessments $ 167,904.00 $ 91,100.00 $ 259,004.00 Sewer Fund $ 30,300.00 $ 30,300.00 City of North St. Paul $ 490,000.00 $ 490,000.00 EUF $ 200,000.00 $ 200,000.00 Drivewa Pro ram $ 9,090.00 $ 9,090.00 TOTAL $ 573,470.00 $ 977,501.00 $ 1,550,971.00 Approved this 24th Day of March 2008. RESOLUTION 08-03-043 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on August 27`h, 2007, plans and specifications for Myrtle-Idaho Area Street Improvements, City Project 07-19, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, WHEREAS, pursuant to resolution passed by the city council on October 22"', 2007, plans and specifications for Sterling Street Improvements, City Project 07-32, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, WHEREAS, pursuant to resolution passed by the city council on March 24`h, 2008, Myrtle- Idaho Area Street Improvements, City Project 07-19 and Sterling Street Improvements, City Project 07-32 were combined as a single project under the name Myrtle-Sterling Street Improvements, City Project 07-19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 2:00 p.m. on the 18th day of April, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 28`h, 2008. RESOLUTION 08-03-044 March 24, 2008 12 City Council Meeting Minutes ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Myrtle-Sterling Street Improvements, City Project 07-19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Hjelle. The motion passed. Ayes -Councilmembers Hjelle, Juenemann, Nephew, & Rossbach NFL- Mayor Longrie Mayor Longrie wanted it noted for the record that she voted Nay for the Myrtle-Idaho Street Improvement project but had voted Aye on the Sterling Street Improvements. 10. Cottagewood Public Improvements, City Project 07-10, Authorize Final Contractor Payment. Councilmember Hjelle moved to approve the Cottagewood Public Improvements, City Proiect 07- 10, and Authorize the Final Contractor Payment. RESOLUTION 08-03-045 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Cottagewood Public Improvements, City Project 06-10, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 06-10 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Seconded by Councilmember Juenemann. Ayes -All The motion passed. 11. Approve Purchase of Bituminous Materials. a. Acting City Manager, Public Works Director Chuck Ahl addressed and answered questions of the council. Councilmember Nephew moved to approve the purchase of Bituminous Materials. Seconded by Councilmember Hjelle. Ayes -Councilmembers Hjelle, Juenemann, Nephew, March 24, 2008 13 City Council Meeting Minutes & Rossbach The motion passed. -Mayor Longrie 12. Authorize 2008 Street Striping. Councilmember Hjelle moved to authorize the 2008 Street Striping. Seconded by Councilmember Juenemann. Ayes -All The motion passed. 13. County Road D -McKnight Road to Bellaire Avenue, Bellaire Avenue -Lydia Avenue to Woodlynn Avenue, Maplewood Drive -County Road B to Cope Avenue, Cope Avenue- Maplewood Drive to Atlantic Street, Resolutions Approving Municipal State Aid Designation. a. Acting City Manager, Public Works Director, Chuck Ahl addressed and answered questions of the council. Mayor Longrie moved to approve the County Road D -McKnight Road to Bellaire Avenue improvement. The Bellaire Avenue -Lydia Avenue to Woodlynn Avenue improvement. The Maplewood Drive -County Road B to Cope Avenue improvement. The Cope Avenue - Maplewood Drive to Atlantic Street improvement. The Resolutions Approving Municipal State Aid Designation. RESOLUTION 08-03-046 ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter described meet all necessary criteria and thus should be designated as Municipal State Aid streets under the provision of Minnesota law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the roads described as follows, to-wit: Extension of MSAS 121 County Road D-McKnight Road to 1,080 feet east (0.20 existing miles all within Maplewood) Extension of MSAS 121 County Road D- 1,080 feet east of McKnight Road to Bellaire Avenue (Common boundary designation with the City of White Bear Lake. The City of Maplewood designates 0.21 miles of the total 0.42 miles) Extension of MSAS 126 Bellaire Avenue- Lydia Avenue to Woodlynn Avenue and County Road D (0.15 existing miles). Extension of MSAS 108 Maplewood Drive/Cope Avenue- County Road B to Atlantic Street (0.50 existing miles. Trunk Highway right of way was released to the City of Maplewood under Release Order Number 1363. be, and hereby is established, located, and designated a Municipal State Aid street of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the city clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his March 24, 2008 14 City Council Meeting Minutes consideration, and that upon his approval of the designation of said road or portion thereof, the same be constructed, improved, and maintained as Municipal State Aid streets in the City of Maplewood. Seconded by Councilmember Hjelle. Ayes -All The motion passed. 14. Beam Avenue Improvements, City Project 07-26, Resident Petition. a. Acting City Manager, Public Works Director Chuck Ahl addressed and answered questions of the council. Councilmember Juenemann moved to approve the Beam Avenue Improvements, City Protect 07- 26, Resident Petition. Seconded by Councilmember Hjelle. Ayes -All The motion passed. Councilmember Hjelle requested a 5-minute break at 9:15 p.m. Mayor Longrie reconvened the meet at 9:30 p.m. J. AWARD OF BIDS None. K. UNFINISHED BUSINESS Final Plat -Beaver Lake Townhomes Fourth Addition (Beaver Creek Parkway, east of Lakewood Drive). a. Planner, Ken Roberts gave the report and answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. Nobody came forward. Councilmember Rossbach moved to approve the Final Plat date-stamped January 31, 2008 - Beaver Lake Townhomes Fourth Addition (Beaver Creek Parkway, east of Lakewood Drive). Seconded by Councilmember Nephew. Ayes -Councilmembers Juenemann, Nephew &Rossbach -Mayor Longrie & Councilmember Hjelle Mayor Longrie made a friendly amendment to add the date that the plans were date-stamped which was January 31, 2008. The friendly amendment was accepted by Councilmembers Rossbach and Nephew. The motion passed. 2. Final Plat -Beaver Lake Townhomes Fifth Addition (Maryland Avenue and Sterling Circle, west of Sterling Street). a. Planner, Ken Roberts gave the report and answered questions of the council. March 24, 2008 15 City Council Meeting Minutes Councilmember Rossbach moved to approve the Final Plat of March 14, 2008 -Beaver Lake Townhomes Fifth Addition (Maryland Avenue and Sterling Circle, west of Sterling Street). Seconded by Councilmember Nephew. Ayes - Councilmembers Juenemann, Nephew &Rossbach -Mayor Longrie & Councilmember Hjelle The motion passed. Concept Plan Review- Legacy Village PUD Changes (Kennard Street and County Road D). a. Rental Town House Site (Legacy Parkway -Kennard Street to Hazelwood). b. Retail Site (Flandrau Street and County Road D). c. Senior Planner, Tom Ekstrand gave a brief introduction of the concept plan review. d. Frank Janes, Hartford Group addressed and answered questions of the council. e. Tom Geller, Victory Capital Corporation addressed and answered questions of the council. f. Jeremy Yarwood, Planning Commission member gave the planning commission report. No action is required for this item. This agenda item is only for discussion, this item will be brought back to the council at a later date. L. NEW BUSINESS Approval of 2007 - 2008 Contract Between the City of Maplewood and Maplewood Confidential and Supervisory Association. (Councilmember Nephew requested that this item be removed from the agenda. It will be discussed at the April 14, 2008, city council meeting.) 2. Heritage Square Fifth Addition (County Road D, west of Highway 61 ). a. Preliminary Plat Revision b. Design Approval c. Senior Planner, Tom Ekstrand gave the report and answered questions of the council. d. Jeremy Yarwood, Planning Commission member gave the report from the planning commission. e. Mr. Shawn Siders, K. Hovnanian Homes addressed and answered questions of the council. the Heritage Square 5`" Addition, subject to the following conditions: (changes to the original recommendation is in bold and underlined). The applicant shall construct the northerly trail connection between the existina trail on their site and the existing trail section approximately 300 feet to the west beneath the power lines. This trail shall be built according to the specifications of the city engineer. Staff shall hold escrow for this trail construction. The trail amenities for the north trail shall extend from the County Road D sidewalk to LaBore Road. north trail amenities shall be put toward the construction of the remainina north trail section. This trail connection shall be completed before the end of construction season 2008. March 24, 2008 16 City Council Meeting Minutes The applicant shall comply with all requirements of the city's engineering report dated February 27, 2008. The applicant shall enter into a developer's agreement if required by the city's engineering department and shall be subject to their requirements. Seconded by Councilmember Nephew. Ayes -Mayor Longrie, Councilmembers Hjelle, Juenemann & Nephew Nays -Councilmember Rossbach Councilmember Nephew offered a friendly amendment that the trail amenities extend to Labore Road. The friendly amendment was accepted by Councilmember Hjelle. The motion passed. Councilmember Rossbach said the original intent was for the developer to construct the whole trail and the city would get the $20, 000, Councilmember Rossbach said he had made the original motion to remove the south trail from the plan with that understanding. He said he was very involved in the trail process with the neighbors on Duluth Street. He said he was quite certain the idea was that the city would get a trail connection in lieu of giving up the south trail. For that reason he said he could not vote for this. Councilmember Hjelle moved to approve the plans date-stamped February 1, 2008, for the Heritage Square 5`h Addition. The developer shall comply with the following conditions: (changes to the original recommendation is in bold and underlined). Comply with the requirements of the city engineering departments report dated February 27, 2008. The applicant shall enter into a developer's agreement if required by the city's engineering department and shall be subject to their requirements. The applicant shall construct the northerly trail connection between the existina trail on their site and the existing trail section approximately 300 feet to the west beneath the power lines. This trail shall be built according to the specifications of the city engineer. Staff shall hold escrow for this trail construction. The trail amenities for the north trail shall extend from the County Road D sidewalk to LaBore Road. The city council directs staff to work out the specific details of trail construction, but the council aarees that up to $8.000 of the $20.000 submitted to the city in 2005 for north trail amenities shall be put toward the construction of the remainina north trail section. This trail connection shall be completed before the end of construction season 2008. 3. Meet all requirements of the building official and fire marshal. 4. Obtain all required permits from the Ramsey-Washington Metro Watershed District. 5. Any retaining wall that exceed a height of four feet must be engineered and have a building permit. Retaining walls that are four feet tall or more shall also have a protective fence of black chain link fence on top. 6. Repeat this review in two years if the city has not issued a building permit for this project. The applicant shall install an in-ground irrigation system for all landscaped areas. March 24, 2008 17 City Council Meeting Minutes The landscaping plan shall be revised to provide a substitution for the barberry bushes since they are an invasive species. The landscaping plan shall also be revised for staff approval to provide no fewer trees than were originally proposed and required along the outer bounds of this housing development. Particular attention should be given to screening the driveways from the view of the homes to the west. The applicant should submit a revised landscaping plan for staff approval before getting the next building permit. The applicant shall provide a lighting plan for staff approval before getting the next building permit. 10. The planning staff may approve minor changes to these plans. 11. The applicant shall submit revised building elevations showing that there are bay windows located on the east elevation of at least four of the eight buildings. Seconded by Councilmember Nephew. Ayes -All The motion passed. CouncilmemberHjelle moved to extend the council meeting past the curfew and complete item L3. Agenda items L4-N1 will be heard Monday, March 31, 2008, at 5:00 p.m. Seconded by Councilmember Nephew. Ayes -Mayor Longrie, Councilmembers Hjelle, Nephew &Rossbach ~- Councilmember Juenemann 3. Upper Afton Road Improvements, City Project 07-27, Resolution Accepting Preliminary Report and Ordering Public Hearing. a. Acting City Manager, Public Works Director, Chuck gave the report. Councilmember Rossbach moved to approve the Upper Afton Road Improvements, City Proiect 07-27, Resolution Accepting Preliminary Report and Ordering Public Hearing. RESOLUTION 08-03-047 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted November 12`h, 2007, a report has been prepared by the City consultant, SEH, with reference to the improvement of Upper Afton Road Improvements, City Project 07-27, and this report was received by the council on March 24`h 2008, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the street improvement of Upper Afton Road Improvements in accordance with the report and the assessment of abutting property for all or a March 24, 2008 18 City Council Meeting Minutes portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,091,300. M. N 2. A public hearing shall be held on such proposed improvement on the 14`h day of April, 2008, in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Nephew. The motion passed. Ayes - Councilmembers Hjelle, Juenemann, Nephew & Rossbach -Mayor Longrie The remainder of the council meeting will be heard Monday, March 31, 2008, at 5:00 p.m. to complete Agenda items L4- LT, M1 - M11, and N1. 5. Code Amendments -Procedures, Public Hearings, Applications and Initiation (First Reading). 6. Timeline and Selection Process for Maplewood City Manager. 7. First Reading -Changes to Lawful Gambling Ordinance. 4. TH 61/Frost Avenue Intersection Improvements, City Project 07-30, Establishing Project Financing and Accepting Mn/DOT Funds. COUNCIL PRESENTATIONS 1. Sunshine Week -Mayor Longrie 2. Ramsey County League of Local Government -Councilmember Rossbach 3. The Rock Nightclub -Smoking Theatrical Performances -Councilmember Hjelle 4. Additional Information from Eureka Recycling Article in City News -Mayor Longrie 5. Update on Historical Preservation Commission Meeting -Mayor Longrie 6. Information about Court Transcripts -Mayor Longrie 7. City Newsletter -Mayor Longrie 8. Questions from Citizens Regarding Update for Ordinances -Mayor Longrie 9. Senior Friendly Development Article -Mayor Longrie 10. Sniffers Article -Mayor Longrie 11. Update on Conservation Easements -Mayor Longrie ADMINSTRATIVE PRESENTATIONS Staff Update on the 2ntl Reading of Televising Meetings Ordinance. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:38 p.m. March 24, 2008 City Council Meeting Minutes 19