Loading...
HomeMy WebLinkAbout01-26-2009 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, January 26, 2009 Council Chambers, City Hall Meeting No. 02-09 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:43 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA Mayor Longrie recommended extending Visitor Presentations until 7:15 p.m. City Councilmember?s requested that the following items be added to the agenda under Administrative Presentations: H1. Employment contracts ? Mayor Longrie H2. Rush line corridor ? Councilmember Rossbach H3. Ramsey County League Local Government ? Councilmember Rossbach H4. Fire Hydrant Snow Removal Reminder ? Councilmember Hjelle Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Nephew. Ayes ? All The motion passed. E. APPROVAL OF MINUTES Approval of January 12, 2009, City Council Workshop Minutes. Councilmember Nephew had a correction on 5 of 407, at the top of the page. It should say Mayor for the purposes of discussing Labor Negotiations Longrie closed the meeting . Not for the provision under Chapter 13 . Councilmember Nephew moved to approve the January 12, 2009, City Council Workshop Minutes as amended. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. Approval of January 12, 2009, City Council Meeting Minutes. January 26, 2009 1 City Council Meeting Minutes Mayor Longrie had corrections on page 16 of 407, the deletions are stricken and the additions are th $25,000 bolded and underlined. In the 11 line before the words Then changing, (it should read) is the amount of money to change the Administrative Sergeant to Deputy Police Chief. There opportunity are costs administrative in everything you do. Also on Pg 17 of 407, in the large paragraph, it should read as follows: Mayor Longrie said she spent a lot of time at City Hall this past week. There was plenty of opportunity for staff to be able to let her know there are a lot of contracts coming down the line and we know Mayor Longrie enjoys looking at the contracts. She said she also knows when she , votes nopotentially her no vote could be used against her. Because these are union contracts for employees at city hall. Mayor Longrie said she is voting no because she doesn?t have sufficient information to be able to vote yes. Mayor Longrie said she runs the risk that by voting ,,this her conscience and voting no when next fall comes around to run for Mayor againthere are isbe used going to be all kinds of information that will go against her because she voted no. Mayor Longrie wants it on the record that she will not abstain from voting like some councilmember?s do when they don?t want it to shown they voted yes or no. Mayor Longrie said she doesn?t agree with that either. That?s why she wants to be clear her reasoning for voting no. Mayor Longrie said she thought it should be written in the agreements that there may be a provision within them that if the city has to lay somebody off they have to go back to the negotiation table to ask union members what they want to do. Mayor Longrie said there are other things that aren?t in the contracts that she would have suggested but didn?t have the time to talk at the meeting about these things . Another correction Mayor Longrie had is on Pg 27 of 407, item 20. after the words directed to to the council report, add the words, . s Councilmember Nephew said on page 9 of 407, item K1. iv. John Gore should be Gore also member changingChairperson to of the citizen panel. to approve Also on page 17 of 407, item 2. the motion should read moved the resolution. Councilmember Juenemann said on pg 17 of 407, item 2. b., Chuck Ahl?s name was omitted Chuck Ahl after his title Acting City Manager and Public Works Director, inserting . And the same Chuck Ahl correction should be made to page 18, item 2 b. inserting after his title of Acting City Manager and Public Works Director. Councilmember Nephew moved to approve the January 12, 2009, City Council Minutes as amended. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. F. VISITOR PRESENTATIONS ? PART I 1. Bob Zick, 2515 White Bear Avenue, Maplewood addressed the council. Mr. Zick read a letter aloud from a Maplewood resident. Mr. Zick expressed his concerns regarding taxes in Maplewood, the financial problems residents are having regarding paying their taxes during troubling times in the economy and miscellaneous issues regarding smoke concerns in the city. 2. Elizabeth Sletten, 2747 Clarence Street North, Maplewood addressed the council. Ms. Sletten made reference to information being posted on the city website pertaining to a business January 26, 2009 2 City Council Meeting Minutes transaction she had with the city. Ms. Sletten requested that this letter be included in the minutes as part of the record. Ms. Sletten also referred to an article called The World in the January/February 2009 issue of the AARP Bulletin. January 13, 2009 Elizabeth Sletten 2747 N. Clarence Street Maplewood, MN 55109 Dear Ms. Sletten: At the direction of Acting City Manager Ahl, I have reviewed city records and determined the following regarding Account 1127: On November 10, 2008, I notified you via e-mail to inform you that you had 58 copies related to a data request that could be picked up at the receptionist desk. The amount for the copies was $14.50. A staff member generated a Billing Request Form (See Attached Exhibit #1) and submitted it to the finance department so that an invoice could be generated not realizing that you would be picking up the copies at the front desk and paying for them then. On November 12, 2008, you paid the receptionist with your check dated November 11, 2008. She receipted the funds into the General Ledger System (See Attached Exhibit #2). As you are aware, you requested a receipt for payment. The receptionist obliged and receipted your check into the General Ledger System providing you with a copy not realizing that the check you submitted for payment should have been receipted by the finance department instead of receipted into the General Ledger since an invoice had been generated. On behalf of the city, I apologize for any inconvenience that this may have caused you and thank you for bringing it to our attention. Karen Guilfoile 3. John Wykoff, 2345 Maryland Avenue East, Maplewood. Discussed the article in the January 14, 2009, Maplewood Review and he read the information aloud. 4. Roger Logan, 2228 Maplewood Drive, Maplewood addressed the council. He spoke of issues he is having with the Maplewood Police Department and concerns with his business in Maplewood. G. ADMINISTRATIVE PRESENTATIONS 1. 60-Day Review of Stargate Dance Club (TABLED UNTIL FEBRUARY 9, 2009) H. COUNCIL PRESENTATIONS H1. Employment contracts ? Mayor Longrie H2. Rush line corridor ? Councilmember Rossbach H3. Ramsey County League Local Government ? Councilmember Rossbach H4. Fire Hydrant Snow Removal Reminder ? Councilmember Hjelle (TABLED UNTIL FEBRUARY 9, 2009) I. APPOINTMENTS AND PRESENTATIONS 1. Presentation of Legislative Issues January 26, 2009 3 City Council Meeting Minutes a. State Senator Chuck Wiger addressed the council and gave the council an update. b. State Representative Nora Slawik addressed the council and gave the council an update. c. State Representative Leon Lillie addressed the council and gave the council an update. 2. Re-appointment to Planning Commission Reappointing Robert Martin, Gary Pearson, Jeremy Yarwood Mayor Longrie moved to approve reappointing Robert Martin, Gary Pearson and Jeremy Yarwood to serve on the Planning Commission. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 3. Re-appointment to Community Design Review Board Reappointing Matt Ledvina Councilmember Nephew moved to approve reappointing Matt Ledvina to the Community Design Review Board. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 4. Re-appointment to Police Civil Service Commission Reappointing Marlene Palkovich Councilmember Juenemann moved to reappoint Marlene Palkovich to the Police Civil Service Commission. Seconded by Councilmember Nephew. Ayes ? Councilmember Juenemann, Rossbach and Nephew Nays ? Mayor Longrie Councilmember Hjelle The motion passed. J. PUBLIC HEARINGS 1. Carsgrove Meadows Area Street Improvements, City Project 08-10 a. Public Hearing 7:00 p.m. b. Resolution Ordering Improvement and Authorizing Preparation of Plans after and Specifications after Public Hearing (4 Votes) i. Assistant Public Works Director, Michael Thompson gave the presentation and answered questions of the council. ii. Acting City Manager, Public Works Director Chuck Ahl answered questions of the council. Mayor Longrie opened the public hearing. 1. John Wieremann, 955 Brooks Court East, Maplewood. 2. Marianne Newell, 830 Palm Court East, Maplewood. January 26, 2009 4 City Council Meeting Minutes 3. Tore Detlie, 918 Demont Avenue East, Maplewood. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to approve the resolution ordering the improvement and preparation of plans and specifications for the Carsgrove Meadows Area Street Improvements, City Project 08-10. Mayor Longrie asked if Councilmember Rossbach would accept a friendly amendment that the project is contingent upon the County Road C Area Street Improvements Project being delayed. Councilmember Rossbach did not accept the friendly amendment. Mayor Longrie asked if Councilmember Rossbach would reconsider the friendly amendment request if there was a better way of wording it. Councilmember Nephew suggested that the friendly amendment be contingent upon a $700,000 reduction in bonding for the County Road C Area Street Improvements Project. Councilmember Rossbach said he would be willing to accept the new friendly amendment. Councilmember Juenemann accepted the friendly amendment as the seconder. RESOLUTION 09-01-019 ORDERING IMPROVEMENT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the city council adopted the 12th day of January, 2009, fixed a date for a council hearing on the proposed street improvements for the Carsgrove Meadows Area Street Improvements, City Project 08-10. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on January 26, 2009, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Carsgrove Meadows Area Street Improvements, City Project 08-10. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 26th day of January, 2009. 3. The city engineer is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $2,857,000 shall be established. The proposed financing plan is as follows: January 26, 2009 5 City Council Meeting Minutes Seconded by Councilmember Juenemann.Ayes ? Councilmember Hjelle, Juenemann, Nephew, &Rossbach Nay ? Mayor Longrie The motion passed 2.Castle Avenue Improvements, City Project 08-12 a.Public Hearing 7:15 p.m. b.ResolutionOrdering Improvement After Public Hearing (4 Votes) i.Assistant Public Works Director, Michael Thompson gave the presentation and answered questions of the council. ii.Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. iii.Civil Engineer II, Steve Kummer answered questions of the council. iv.MaplewoodPolice Chief, Dave Thomalla answered questions of the council. Mayor Longrie opened the public hearing. 1.Charles Thomas, 1928 Castle Avenue E., Maplewood. 2.Jim Grieman,1976 Castle Court E., Maplewood. Mayor Longrie closed the public hearing. Councilmember Rossbachmoved to approve the resolution ordering the Castle Avenue Staff shall also do preliminary designwork for a sidewalk Improvements, City Project 08-12. to extend to the Dearborn Meadows development. Seconded by Councilmember Juenemann. Mayor Longrie made a friendly amendment that staff apply to MnDOT for a grant for the city to see if funds are available for bermsfor this project. The friendly amendment was accepted by the motioner Councilmember Rossbach. The friendly amendment was also accepted by the seconder Councilmember Juenemann. Councilmember Rossbachmoved to approve the resolution ordering the Castle Avenue Staff shall also do preliminary designwork for a sidewalk Improvements, City Project 08-12. January 26, 2009 6 City CouncilMeeting Minutes to extend to the Dearborn Meadows development. Furthermore, staff shall apply to MnDOT for a grant for the city to see if funds are available for berms for this project. RESOLUTION 09-01-120 ORDERING IMPROVEMENTAFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 12th day of January, 2009, fixed a date for a council hearing on the proposed street and utility improvements for the Castle Avenue Improvements, City Project 08-12, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on January 26th, 2009, and the council hasheard all persons desiring to be heard on the matter and has fully considered the same; AND WHEREAS, the city engineer is the designated engineer for this improvement and has been duly directed on January 12th, 2009 to prepare final plans and specifications for the making of said improvement; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCILOFMAPLEWOOD, MINNESOTA, as follows: 1.That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Castle Avenue from White Bear Avenue to the City of North Saint Paul city limits, City Project 08-12. 2.Such improvement is hereby ordered as proposed in the council resolution adopted the th 26 day of January 2009. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $1,361,200 shall be established as previously approved on January 12th, 2009.The proposed financing plan is as follows: Seconded by Councilmember Juenemann.Ayes ? All The motion passed The Council took a short recess at 9:00 p.m. The council reconvenedat 9:13 p.m. January 26, 2009 7 City CouncilMeeting Minutes K. UNFINISHED BUSINESS 1. Richie Place, South of Labore Road and East of Arcade Street. Action Requested: a. Comprehensive Land Use Plan Amendment from OS, Open Space to R1 Single Dwelling Residential b. Lot Division i. Parks and Community Development Director, DuWayne Konewko introduced the item and made some announcements regarding the project. ii. Planner, Mike Martin gave the presentation and answered questions of the council. iii. City Attorney, Alan Kantrud addressed and answered questions of the council. iv. Civil Engineer II, Steve Kummer addressed and answered questions of the council. v. Phil Soby, Lauren & Company Development, 5865 Neal Avenue, Stillwater, addressed and answered questions of the council. vi. Harland Hess, Planning Commissioner, 2007 Clarence Street, Maplewood gave the planning commission report. Mayor Longrie opened the discussion up for public comment. 1. Tom Roycraft, 2910 Arcade Street, Little Canada. 2. Gary Kuam, 2934 Labore Road, Little Canada. 3. David Himmelbach, 2970 Labore Road, Little Canada. 4. William Hanson, 2836 Keller Parkway, Maplewood. 5. John Gores, 2870 Arcade Street, Maplewood. 6. Joleen Gores, 2870 Arcade Street, Maplewood. 7. Bob Zick, 2515 White Bear Avenue, Maplewood. Mayor Longrie closed the discussion to public comment. Councilmember Rossbach moved to tableany further action on this agenda item until such time that the city staff gets the final approval from the Met Council on the Comprehensive Plan. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Hjelle, Rossbach Nays ? Councilmembers Juenemann & Nephew table The motion to passed. Councilmember Rossbach moved that after the city council receives information regarding whether the landowner of the property, Mr. Richie, wanted the land to be open space, and the council has had a chance to review it, that no further testimony shall be heard and the council will confine the discussions and deliberations to the new information. Seconded by Councilmember Juenemann. Ayes ? Councilmembers Juenemann, Nephew & Rossbach Nays ? Mayor Longrie January 26, 2009 8 City Council Meeting Minutes Councilmember Hjelle The motion passed. Councilmember Hjelle moved to extend the council meeting past the 11:00 p.m. curfew time and the remaining agenda items shall be heard Thursday, January 29, 2009. Seconded by Councilmember Nephew. Ayes ? Councilmember Hjelle, Nephew & Rossbach Nays ? Mayor Longrie, Councilmember Juenemann The motion passed. Councilmember Nephew moved to table K2, K4, L5, G1, H until the next city council meeting, of February 9, 2009. Seconded by Councilmember Hjelle. Councilmember Hjelle made a friendly amendment that during the council meeting the agenda can be reordered as the agenda is finished. Councilmember Nephew agreed to the friendly amendment. Councilmember Nephew moved to table K2, K4, L5, G1 and items H1-H4 until the next city council meeting, until February 9, 2009. The order of the agenda items can be altered until the completion of the council meeting. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 2. Report on Request for Retaining Wall at North End of Clarence Street a. Acting City Manager, Public Works Director, Chuck Ahl gave the report. (TABLED UNTIL FEBRUARY 9, 2009) 3. City Manager Search Process ? Selection of Candidate and Authorization for HR Attorney to Negotiate Contract Councilmember Hjelle moved to adopt the motion designating Mr. Jim Antonen for the position of City Manager and authorize HR Attorney Chuck Bethel to negotiate a contract with said candidate. Seconded by Councilmember Nephew. Ayes ? Mayor Longrie, Councilmember Hjelle, Nephew & Rossbach January 26, 2009 9 City Council Meeting Minutes Nay ? Councilmember Juenemann The motion passed. 4. Reconsideration of the Approval of the Council Policy and Procedures Passed on January 12, 2009. (Mayor Longrie) (TABLED UNTIL FEBRUARY 9, 2009) L. NEW BUSINESS 1. Feed Products North Office Building Proposal, 1300 McKnight Road. Action Requested: a. Conditional Use Permit to Build an Office Building Next to Residential Property b. Lot Division c. Design Approval i. Senior Planner, Tom Ekstrand gave the presentation. ii. Assistant Public Works Director, Michael Thompson answered questions of the council. iii. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. iv. John Fallin, Owner of Feed Products North, 1300 McKnight Road North, Maplewood addressed and answered questions of the council. v. Bob Moser, Moser Homes addressed and answered questions of the council. vi. Harland Hess, Planning Commissioner, gave the report for the Planning Commission. Mayor Longrie asked if anyone wanted to speak regarding this proposal. 1. Lyle Puppe, 2531 Nokomis Avenue, St. Paul. 2. Gene Stepaniak, 2249 Tilsen Avenue, St. Paul. Councilmember Nephew moved to approve the Conditional Use Permit Resolution for Feed Products North office building, located at 1300 McKnight Road. This permit allows the construction of an office building on land zoned M1(light manufacturing) within 350 feet of residential property. CONDITIONAL USE PERMIT RESOLUTION 09-01-121 WHEREAS, John Fallin, owner of Feed Products North, applied for a conditional use permit to build an office building on property zoned M1 (light manufacturing) located within 350 feet of residentially-zoned property. WHEREAS, Section 44-637(b) of the city ordinances require a conditional use permit for a building in a M1 district closer than 350 feet to residential property. The proposed building would be on a lot abutting residential property. WHEREAS, this permit applies to the property located east of 1300 McKnight Road. The legal description is: January 26, 2009 10 City Council Meeting Minutes That part of the West Half of the Southwest Quarter of said Section 24, Township 29, Range 22, Ramsey County, Minnesota bounded as follows: On the North by a line drawn parallel with and distant 95 feet Southeasterly, as measured at right angles, from the center line of the main track of said railway company, as now located and established; on the West by the East line of the West 66 feet of the Southwest Quarter of Said Section 24 to a point on the West line of said Section 24 which is distant 450 feet South of the Southerly line of the 100 foot right of way of said railway company, said Southerly line being a line drawn parallel with and 56 feet Southeasterly as measured at right angles, from the center line of the main track of said railway company as originally located and established, and on the East by the East line of the Northwest Quarter of the Southwest Quarter of Section 24; excepting therefrom that part that lies Northwesterly of a line drawn parallel with and distant 8.5 feet Southeasterly, as measured at right angles from the center line of the most Southerly side track I.C.C. No. 114 of said railway company, as now located and established all in the County of Ramsey, State of Minnesota. EXCEPT that part of said West Half of the Southwest Quarter of said Section 24, lying easterly of the centerline of the 99 foot wide road easement as described in document No. 2325930. WHEREAS, the history of this conditional use permit is as follows: 1. On January 6, 2009, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On January 26, 2009, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any 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. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. January 26, 2009 11 City Council Meeting Minutes 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval. The city council may extend this permit one additional year. 3. The city council shall review this permit in one year. After two years the permit shall end unless construction has started. 4. Compliance with conditions in the report by Steve Kummer, Maplewood Staff Engineer, dated December 2, 2008. The site plan shall be revised, as shown to the commission at the public hearing, with a retaining wall along the east side of the parking lot near Lakewood Drive. The retaining wall and site grades shall be subject to the approval of the city?s engineering department. 5. Compliance with conditions in the report by Ginny Gaynor, Open Space Naturalist with the city, in her report dated November 26, 2008. 6. Compliance with conditions in the report by Shann Finwall, Environmental Planner with the city, dated December 26, 2008. 7. Provide wetland-protection signs along the wetland buffer as required by ordinance. The number and placement of these signs shall be determined by the environmental planner. These signs shall prohibit any building, mowing, cutting, filling or dumping in or around the wetland. 8. To develop this site adjacent to residential property, the applicant shall provide a screening buffer that is at least six-feet-tall and 80 percent opaque upon installation. This buffer may be comprised of evergreen trees or a decorative wood fence. Such screening shall be subject to staff approval. The Maplewood City Council passed this resolution on January 26, 2009. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. Councilmember Hjelle moved to approve the lot split to separate the office site from the main part of the applicant?s property located at 1300 McKnight Road, subject to the property owner dedicating cross easements on the west property that cover the utilities (sanitary and storm) which serve the lot east of Lakewood Drive. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. Councilmember Hjelle moved to approve the plans date-stamped November 4, 2008, for the proposed Feed Products North office building. Approval is based on the findings for approval required by ordinance and subject to the developer doing the following: 1. Repeat this review in two years if the applicant has not obtained a building permit by that January 26, 2009 12 City Council Meeting Minutes time. After two years this review must be repeated. 2. Obtain a conditional use permit from the city council for the proposed office building. 3. Comply with the requirements of Shann Finwall in her report dated December 26, 2008. 4. Comply with the requirements of the engineering report by Steve Kummer dated December 2, 2008. The site plan shall be revised, as shown to the commission at the public hearing, with a retaining wall along the east side of the parking lot near Lakewood Drive. The retaining wall and site grades shall be subject to the approval of the city?s engineering department. Comply with the requirements of Ginny Gaynor in her report dated November 26, 2008. 5. Take into account the suggestions by Lieutenant Michael Shortreed as stated in this report. 6. Revise the site plan to provide a 15-foot parking lot setback from the Lakewood Drive right-of- way line. If a 15-foot setback cannot be provided, the applicant must apply for a setback variance. 7. Any retaining walls over four-feet-tall shall be designed by a structural engineer and have a protective guard rail or fence on top. 8. The applicant shall install in-ground lawn irrigation in formal landscaped areas. 9. The landscaping plan shall be revised to include the following: a. A six-foot-tall and 80 percent opaque buffer along the south side of the property to screen the area between both parking lots and the connecting drive aisle. This screen shall be comprised of evergreen trees or a decorative wood fence. b. Five over-story trees along the east side of the east parking lot. The three evergreens can be deleted. c. Four ornamental deciduous trees on the west side of the proposed building. d. Additional landscaping in the ?front yard? in front of the building?s main entrance (easterly side), subject to staff approval. 10. Obtain any necessary permits from the Ramsey/Washington Metro Watershed District. 11. All work shall follow the approved plans. The city planner may approve minor changes. 12. All pole-mounted site lights shall comply with the 25-foot height maximum. The site lighting plan shall be redesigned so that the light intensity does not exceed .4 foot-candles at the property lines. All lighting fixtures shall be designed so lenses and bulbs are recessed or shielded to avoid nuisance complaints. All site lights are required to shine inward toward the site and not toward any residential neighbors. 13. If outdoor trash storage is used, such containers must be kept in a screening enclosure. The design and placement of the enclosure shall be subject to staff approval. 14. Before obtaining a building permit, the applicant shall provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of completing landscaping and other site improvements. An irrevocable letter of credit shall include the following provisions: January 26, 2009 13 City Council Meeting Minutes a. The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of the developer?s agreement. b. The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. c. The letter of credit shall be for a one-year duration and must have a condition indicating automatic renewal, with notification to the city a minimum of 60 days prior to its expiration. Seconded by Councilmember Juenemann. Ayes ? Mayor Longrie, Councilmember Hjelle, Juenemann & Nephew Nay ? Councilmember Rossbach The motion passed. 2. Menard?s Lumber-Storage Building Proposal, 2280 Maplewood Drive. Action Requested: a. Conditional Use Permit Revision b. Design Approval i. Planner, Mike Martin gave the presentation and answered questions of the council. ii. Civil Engineer II, Steve Kummer answered questions of the council. iii. Thomas O?Neil, Menard, Inc. 4777 Menard Drive, Eau Claire, Wisconsin addressed and answered questions of the council. iv. Mark Olson, General Manager, Menards, 2280 Maplewood Drive, Maplewood addressed and answered questions of the council. Councilmember Rossbach moved to approve the Conditional Use Permit Resolution for Menards, Inc. at 2280 Maplewood Drive to add a 16,750-square-foot unheated warehouse to the existing store. The city bases this approval on the findings required by the code. Approval of this CUP revision is subject to the following conditions (additions are underlined and deletions are crossed out): CONDITIONAL USE PERMIT REVISION RESOLUTION 09-01-122 WHEREAS, Scott Nuttelman, of Menards, Inc. is proposing changes to a site with an existing conditional use permit to build a 16,750-square-foot warehouse addition on the south side of the building at 2280 Maplewood Drive. The legal description is: SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N OF CO RD B & PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF BLK 10 (PIN 09-29-22-43-0042) WHEREAS, the history of this conditional use permit revision is as follows: 1. On November 18, 2008, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The January 26, 2009 14 City Council Meeting Minutes commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit revision. 2. On January 26, 2009, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any 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. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Revision is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. Adherence to the site plan date-stamped October 1, 2008March 8, 2006. The director of community development may approve minor changes. 2. Compliance with the following screening-fence requirements: a. The property owner shall continue to have and keep, in a maintained condition, wooden screening fences as follows: (1) The eight-foot-tall screening fence west of 1071 County Road B and running east-west behind 1071, 1081 and part of 1101 County Road B between the parking lot and the residential lots shall remain. (2) All other screening fences that abut the residential lots and the new fences on the east and south sides of the property as shown on the site plan date-stamped October 1, 2008 shall be 14 feet tall. (3) All screening fences shall be constructed of vertical boards of the same dimension, color and material, except for the fence on the south side of the warehouse where horizontal boards may be used. January 26, 2009 15 City Council Meeting Minutes b. No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B, shall extend above the 14-foot-tall fence. c. No more than 2½ feet of the 17½-foot-tall interior storage racks shall be visible from the homes to the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard, garden center and warehouse shall be limited to 7 a.m. to 10 p.m. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard and warehouse that is not needed for site security shall be turned off after business hours. 6. The city council shall review this permit revision in one year. 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8. Menards shall store all their materials within the fenced storage area. 9. Sanitation facilities shall be provided by Menards for the employees. 10. The proposed building addition and site work must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 11. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. The Maplewood City Council approved this resolution on January 26, 2009. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. Councilmember Rossbach moved to approve the plans date-stamped October 1, 2008, and the building elevations date-stamped October 1, 2008, for the 16,750-square-foot unheated warehouse addition to Menards at 2280 Maplewood Drive. Approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Submit for staff approval, an elevation for the south side of the warehouse that shows a revised design plan for the screening fence and warehouse. This south elevation shall show the wooden, ?fence? portion of this exterior wall matching the 14-foot height of the proposed fencing on the east and west sides of the warehouse. The area above the wooden siding shall be green, corrugated metal as proposed on the building. January 26, 2009 16 City Council Meeting Minutes 3. Before getting a building permit, the applicant shall: a. Submit grading, drainage, utility and erosion control plans to the city engineering department for approval. b. Submit to city staff a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 4. All work shall follow the approved plans. Planning staff may approve minor changes. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 3. Consideration of Approval of Personal Service (Massage) Premise License ? Blue Diamond Health Center. a. City Clerk, Citizen Services Director, Karen Guilfoile gave the report. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Hjelle moved to approve the Personal Service Massage Premise License for the Blue Diamond Health Center at 1990 County Road D East. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 4. County Road C Area Street Improvements, City Project 08-11, Resolution Accepting Preliminary Report and Consideration of Canceling the Project a. Assistant Public Works Director, Michael Thompson gave the report and answered questions of the council. b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. 2. George Farr, 2730 Clarence Street North, Maplewood. cancelaccept Councilmember Hjelle moved to the project and the preliminary report and consider canceling the project (do not call for public hearing) due to lack of neighborhood support. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 5. County Road D Improvements ? City Project 02-07 ? Consider Extending Agreement to Sell Bruce Vento Trail Property to Ramsey County Regional Rail Authority (TABLED UNTIL February 9, 2009) 6. Approval of Claims Councilmember Hjelle moved Approval of Claims. January 26, 2009 17 City Council Meeting Minutes ACCOUNTS PAYABLE: $ 433,937.66 Checks # 77429 thru # 77480 Dated 12/31/08 thru 01/13/09 $ 146,452.57 Disbursements via debits to checking account Dated 01/02/09 thru 01/09/09 $ 399,559.74 Checks # 77481 thru # 77539 Dated 01/12/09 thru 01/20/09 $ 326,779.67 Disbursements via debits to checking account Dated 01/08/09 thru 01/16/09 __________________ $ 1,309,729.64 Total Accounts Payable PAYROLL $ 468,884.69 Payroll Checks and Direct Deposits dated 01/09/09 $ 3,350.17 Payroll Deduction check #1006633 thru #1006634 Dated 01/09/09 ___________________ $ 472,234.86 Total Payroll GRAND TOTAL $ 1,781,964.50 Seconded by Councilmember Nephew. Ayes ? All The motion passed. M. CONSENT AGENDA 1. Councilmember Hjelle moved to approve items 1-4, 6-8, 12, 14, and 17. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 2. Councilmember Hjelle moved to approve item 5. Seconded by Mayor Longrie. Ayes ? All The motion passed. 3. Councilmember Hjelle moved to approve item 9. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 4. Councilmember Hjelle moved to approve item 10. January 26, 2009 18 City Council Meeting Minutes Seconded by Councilmember Nephew. Ayes ? All The motion passed. 5. Mayor Longrie moved to approve item 11. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 6. Councilmember Hjelle moved to approve items 13 & 18. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 7. Councilmember Hjelle moved to approve item 15. Seconded by Councilmember Juenemann. Ayes ? Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay ? Mayor Longrie The motion passed. 6. Councilmember Hjelle moved to approve item 16. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 1. Request Council Authorization to Purchase Four Used Vehicles ? Fire Department Councilmember Hjelle moved to approve the purchase of four Dodge Durangos in the amount of $52,163.92 to Synergy Motor Car Company. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 2. Conditional Use Permit Review ? Hydrologic Outdoor Storage Facility, 1261 Highway 36. Councilmember Hjelle moved to the Conditional Use Permit Review of Hydrologic Outdoor Storage Facility, 1261 Highway 36. Seconded by Councilmember Nephew. Ayes ?All The motion passed. 3. Conditional Use Permit Review ? Countryside Volkswagen, Inc. 1180 and 1200 Highway 36. Councilmember Hjelle moved to approve the Conditional Use Permit Review ? Countryside Volkswagen, Inc. 1180 and 1200 Highway 36. January 26, 2009 19 City Council Meeting Minutes Seconded by Councilmember Nephew. Ayes ? All The motion passed. 4. Conditional Use Permit Review ? Maple Leaf Business Center, 2475, 2485 and 2495 Maplewood Drive. Councilmember Hjelle moved to approve the Conditional Use Permit Review ? Maple Leaf Business Center, 2475, 2485 and 2495 Maplewood Drive. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 5. Conditional Use Permit Review ? Maplewood Toyota, 2905 Maplewood Drive and the Open Parking Lot South of 2999 Maplewood Drive. Councilmember Hjelle moved to approve the Conditional Use Permit Review ? Maplewood Toyota, 2905 Maplewood Drive and the Open Parking Lot South of 2999 Maplewood Drive. Seconded by Mayor Longrie. Ayes ? All The motion passed. 6. Conditional Use Permit Review ? Commercial Truck Parking and Storage, 1003 Century Avenue North. Councilmember Hjelle moved to approve the Commercial Truck Parking and Storage, 1003 Century Avenue North. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 7. Conditional Use Permit Review ? Household Hazardous Waste Collection Site at Aldrich Arena, 2015 Van Dyke Street North Councilmember Hjelle moved to approve theConditional Use Permit Review ? Household Hazardous Waste Collection Site at Aldrich Arena, 2015 Van Dyke Street North. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 8. Conditional Use Permit Review ? 3M Leadership Development Institute, 2350 Minnehaha Avenue Councilmember Hjelle moved to approve theConditional Use Permit Review ? 3M Leadership Development Institute, 2350 Minnehaha Avenue including the modified landscape plan for the berm dated August 27, 2008. Review the CUP for the 3M Leadership Development Institute at 2350 Minnehaha Avenue again in one year to ensure that the native plantings are established, rainwater gardens function properly, and that all other required exterior improvements are maintained. January 26, 2009 20 City Council Meeting Minutes Seconded by Councilmember Nephew Ayes ? All The motion passed. 9. Transfer to Close Funds for Public Improvement Project 01-28 Councilmember Hjelle moved to approve the finance director to make the necessary transfer of $789.71 from Fund 551 into Fund 526 and close City Project 01-28, Fund 526. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 10. Transfer to Close Funds for Public Improvement Project 02-10 Councilmember Hjelle moved to approve the finance director to make the necessary transfer of $48,305.02 from Fund 551 into Fund 535 and close City Project 02-10, Fund 535. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 11. Transfer to Close Funds for Public Improvement Project 03-26 Mayor Longrie moved to approve the finance director to transfer the remaining surplus of $28,589.24 into city Project 02-07, Fund 533, and close City Project 03-26, Fund 551. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 12. Transfer to Close Funds for Public Improvement Project 03-36. Councilmember Hjelle moved to approve the finance director to make the necessary transfer of $5,918.15 from Fund 551 into Fund 560 and close City Project 03-36, Fund 560. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 13. Transfer to Close Funds for Public Improvement Project 05-10 Councilmember Hjelle moved to approve the finance director to transfer the surplus in the amount of $30,166.68 to City Project 02-07 (Fund 533) and close City Project 05-10, Fund 564. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 14. Transfer to Close Funds for Public Improvement Project 06-10 Councilmember Hjelle moved to approve the finance director the $11,418.32 deficit from the Sewer Fund and Close City Project 06-10, Fund 570. January 26, 2009 21 City Council Meeting Minutes Seconded by Councilmember Nephew. Ayes ? All The motion passed. 15. Consider Approval of Purchase of Squad Car Cameras Councilmember Hjelle moved to approve the purchase of L-3 Mobile-Vision squad car cameras for $134,014.45. Seconded by Councilmember Juenemann. Ayes ? Councilmember Hjelle, Juenemann, Nephew & Rossbach Nay ? Mayor Longrie The motion passed. 16. Consider Approval of Purchase of Police Vehicles Councilmember Hjelle moved to approve the purchase of five 2009 Ford Crown Victoria Police Interceptor squad cars for $22,422.36 each and one Chevrolet Tahoe at $27,575.40. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 17. Consider Conditional Use Permit Review ? The Regent at Legacy Village, Southeast Corner of Legacy Parkway and Kennard Street Councilmember Hjelle moved to approve the ConditionalUse Permit Review ? The Regent at Legacy Village, Southeast Corner of Legacy Parkway and Kennard Street. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 18. Consider Approval of the 2009 Pay Equity Implementation Report Councilmember Hjelle moved to approve the 2009 Pay Equity Implementation Report. Seconded by Councilmember Nephew. Ayes ? All The motion passed. N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS ? PART II None. P. ADJOURNMENT January 26, 2009 22 City Council Meeting Minutes Mayor Longrie adjourned the meeting at 1:05 a.m. January 26, 2009 23 City Council Meeting Minutes