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
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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.
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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.
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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.
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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.
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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
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Mayor Longrie adjourned the meeting at 1:05 a.m.
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