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HomeMy WebLinkAbout05-10-2010 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,May 10, 2010 Council Chambers, City Hall Meeting No.10-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:08p.m.by Mayor Rossbach. Mayor Rossbach spoke of the tragic death of Sergeant Joe Bergeron and read a Proclamation declaring the week of May 9through May 15 as Peace Officer Memorial Day.The city council observed oneminute of silence in honor of slain Sergeant Bergeron.Mayor Rossbach read the proclamation for Peace Officers Memorial Day aloud. Councilmember Juenemann moved to approve the proclamation. PROCLAMATION WHEREAS , the Congress and President of the United Sates have designated May 15 as Peace OfficersMemorial Day and the week in which it falls as Police Week;and WHEREAS , the members of the Maplewood Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Maplewood; and WHEREAS , it is important that all citizens know and understand the problems, duties and responsibilities of their police department and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS , the Maplewood Police Department has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service; NOW, THEREFORE , we, the City Council of Maplewood, call upon all citizens of Maplewood and upon all patriotic, civil and educational organizations to observe the week of May 9 through 15, 2010, as Police Week, with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. WE FURTHER call upon all citizens of Maplewood to observe May 15, 2010, as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. IN WITNESS WHEREOF , we have hereunto set our hands and caused the Seal of the City of Maplewood to be affixed. Done at the City of Maplewood this date of May 10, 2010. _________________________________ May 10, 2010 1 City Council MeetingMinutes Will Rossbach, Mayor _____________________________________________________________ James Llanas, CouncilmemberKathleen Juenemann, Councilmember _____________________________________________________________ John Nephew, CouncilmemberJulie Wasiluk, Councilmember Seconded by Councilmember Nephew.Ayes –All The motion passed. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent James Llanas, CouncilmemberPresent John Nephew, CouncilmemberPresent Julie Wasiluk, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added by councilmembers: N1.Community Involvement –Councilmember Juenemann N2.Report on the Citizens Forum –Councilmember Llanas Councilmember Nephewmoved to approve the agenda as amended. Seconded by Councilmember Juenemann.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of April 26, 2010, City Council Workshop Minutes Councilmember Juenemannmoved to approvethe April 26, 2010, City Council Workshop Minutes as approved. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. May 10, 2010 2 City Council MeetingMinutes 2.Approval of April 26, 2010, City Council Meeting Minutes Mayor Rossbach had a correction to page 1, item E1. the motion was seconded by Councilmember Nephewnot Juenemann. Councilmember Nephew had the following corrections: Onpage 2, item E2. the minutes should say as amendednot as approved.On page 12,item 4. change precedeto proceed.On page 7, under item I1. change the second Rossbachvote to Councilmember Wasiluk. Councilmember Nephewmoved to approvethe April 26, 2010, City Council Meeting Minutes as amended. Seconded by CouncilmemberLlanas.Ayes –All Themotion passed. F.APPOINTMENTS AND PRESENTATIONS None. G.CONSENT AGENDA 1.Councilmember Nephewmoved to approve items1-4. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 1.Approval of Claims CouncilmemberNephewmoved Approval of Claims. ACCOUNTS PAYABLE: $519,294.83Checks # 81118thru #81173 Dated 4/19/10 thru 4/27/10 $ 322,212.68Disbursements via debits to checking account Dated 04/16/10 thru 04/23/10 $429,744.60Checks #81174 thru #81241 Dated 4/28/10 thru 5/4/210 $ 151,108.79Disbursements via debits to checking account Dated 04/23/10 thru 04/30/10 __________________ $ 1,422,360.90Total Accounts Payable PAYROLL May 10, 2010 3 City Council MeetingMinutes $487,549.53Payroll Checks and Direct Deposits dated 04/30/10 $ 560.00Payroll Deduction check #1008939thru #1008939 Dated 04/30/10 ___________________ $488,109.53Total Payroll GRAND TOTAL $ 1,910,470.43 Seconded by Councilmember Juenemann.Ayes –All The motion passed. 2.Carsgrove Meadows Area Street Improvements, Project 08-10, Approve Entering into Contract for Landscaping Services for Forest Street Filtration Basin Entry CouncilmemberNephewmoved toauthorize the city engineer to enter into a contract for services with St. Croix Valley Landscaping for landscaping services for the Forest Street Filtration Basin Entry for the Carsgrove Meadows Area Street Improvements Project, 08-10for $13,600.00. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 3.Conditional Use Permit –Xcel Energy Tanners Lake Electrical Substation Expansion, 2500 Conway Avenue (3M Center) CouncilmemberNephewmoved toapprove the Conditional Use Permit for Xcel Energy Tanners Lake Electrical Substation Expansion, 2500 Conway Avenue (3M Center) and review it again in one year. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 4.Environmental and Natural Resources Commission 2009 Annual Report Councilmember Nephewmoved toapprove the Environmental and Natural Resources Commission 2009 Annual Report. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. H.PUBLIC HEARING 1.Hills and Dales Area Street Improvements, Project 09-15 a.Assessment Hearing, 7:00 p.m. May 10, 2010 4 City Council MeetingMinutes b.Resolution Adopting Assessment Roll c.Resolution Receiving Bids and Awarding Construction Contract d.Enter Into Agreement With Property Owner at 2057 Duluth Street for Easement Acquisition and Garage Replacement i.City Engineer, Deputy Public Works Director, Michael Thompson introduced the item. ii.Assistant City Engineer, Steve Love gave the report and answered questions of the council. iii.Assistant City Manager, Public Works Director, Chuck Ahl addressed the council. Mayor Rossbach opened the public hearing. 1.Jack Hurley, Maplewood. 2.Rebecca Gurrola, Maplewood. 3.Ray Decker, Maplewood. 4.Russ Johnson, Maplewood. 5.Pat McDonough, Maplewood. 6.Roy Verden, Maplewood. 7.NickChalkline, Maplewood. 8.SteveRemick, Maplewood. 9.Bob Serreyn, Maplewood. Mayor Rossbach closed the public hearing. Councilmember Nephewmoved toapprove the resolution adopting the assessment roll minus the noted objections in the staff report, the additional objections that were received by staff and the additional objections that were received during the city council meeting for the Hills and Dales areastreetimprovements, city project 09-15, RESOLUTION10-05-392 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 12, 2010, calling for a Public Hearing, the assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a.Parcel 092922440077–Amy and Bryan Wallace; 1233 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wallace are requesting that the assessment be cancelled due to financial hardshipand do not believe the street reconstruction is warranted at this time. b.Parcel 142922440083 –Patricia A. McDonough; 1750 Howard Street N. It is currently proposed that the property be assessed for 1 unit (street and storm). Ms. McDonough is requesting that the assessment be revised to exclude the storm sewer assessment as she had to pay for additional storm sewer to be installed at the time her house was constructed. c.Parcel 092922430024 –Michael and Sue Wilke; 1152 County Road B E. It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wilke are requesting that the assessment be deferred as undeveloped property and have stated that this area is their backyard and they have no plans on developing this property. May 10, 2010 5 City Council MeetingMinutes d.Parcel 142922410059 –Perry Dotterman; 1850 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dotterman is requesting a disability deferral. e.Parcel 142922410058 –Perry Dotterman; 0 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dotterman is requesting an undeveloped property deferral. f.Parcel 092922440068 –Jerry and Dolores Markie; 1247 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Markie are requesting a senior citizen deferral. g.Parcel 092922440122 –George Meyer-Guthman; 2171Atlantic Street N. It is currently proposed that the property be assessed for 2 units (street only). Mr. Meyer- Guthman is requesting a revision of assessment from 2 units to 1 unit. h.Parcel 142922410016 –Rose Povlitzki; 2233 Ripley Avenue It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Povlitzki is requesting a financial hardship deferral. i.Parcel 162922110115 –Margaret Chalkline; 2043 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Chalkline is requesting a disability deferral. j.Parcel 162922110099 –Esther Olson; 2117 Atlantic Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Olson is requesting a revision of assessment. k.Parcel 162922110053 –Michael Churchich; 1240 Belmont Lane E. It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Churchich is requesting a financial hardship deferral. l.Parcel 142922440048 –Bob Serreyn; 1695 Howard Street It is currently proposed that the property be assessed for 1 unit (street only). Mr. Serreyn is requesting a financial hardship deferral. m.Parcel 162922140017 –Raymond R. Decker; 2002 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Decker is requesting a revision of assessment. n.Parcel 162922110075 –Connie Johnson; 2132 Atlantic Street N. It is currently proposed that the property be assessed for 1 unit (street and storm).Mrs. Johnson is requesting revision of assessment. o.Parcel 092922440069 –Peggy Hartzell; 1246 E. County Road B It is currently proposed that the property be assessed for 1 unit (street only). Mrs. Hartzell is requesting a cancellation of assessment. p.Parcel 162922140024 –Sao Xiong; 1241 Ryan Avenue E. It is currently proposed that the property be assessed for 1 unit (street and storm). Sao Xiong is requesting a financial hardship deferral. q.Parcel 092922440076 –Barbara Verdon; 1237 Leland Road May 10, 2010 6 City Council MeetingMinutes It is currently proposed that the property be assessed for 1 unit (street only). Ms. Verdon is requesting a cancellation of assessment. r.Parcel 092922440086 –Rebecca Gurrola; 2210 Duluth Street It is currently proposed that the property be assessed for 1 unit (street only). Mrs. Gurrola is requesting a cancellation of assessment or a disability deferral. s.Parcel 142922410055 –Jack Hurley; 1829 Furness Street It is currently proposed that the property be assessed for 1005 Front-Feet along Furness Street (street only). Mr. Hurley is requesting a revision of assessment. t.Parcel 162922140012 –Art Moore; 1232 Shryer Avenue E. It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Moore is requesting a cancellation of assessment or a financial hardship deferral. u.Parcel 162922140045 –Kenneth G. Dufner; 2017 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dufner is requesting a cancellation of assessment. v.Parcel 142922440047–Phoenix Residence Inc.; 1685 Howard Street It is currently proposed that the property be assessed for 1 unit (street only). The Phoenix Residence Inc. is requesting a cancellation of assessment. w.Parcel 142922410048 –Phoenix Residence Inc.; 1866 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). The Phoenix Residence Inc. is requesting a cancellation of assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 24, 2010, as to their recommendations for adjustments. 2.The assessment roll for the Hills and Dales Area Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3.Such assessments shall be payable in equal annual installments extending over a period of 15 yearsfor residential properties and 8 years for commercial properties, the first installments to be payable on or before the first Monday in January 2011 and shall bear interest at the rate of 5.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2010. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4.The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2010, pay the whole or partial (25% minimum) of the assessment on such property, with interest accrued to the date of the payment, to the city clerk(the city will accept no more than (2) payments), except that no interest shall be charged on the amountpaid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2010, pay to the county auditor the entire amount of the assessment remaining May 10, 2010 7 City Council MeetingMinutes unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 5.The city engineer and city clerk shall forthwith after October 1, 2010, but no later than October 15, 2010, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. th Adopted by the Maplewood City Councilon this 10day of May, 2010. The motion passed. Seconded by Councilmember Wasiluk.Ayes –All Councilmember Nephewmoved toadopt the resolution receiving bids and awarding construction contract to T.A. Schifsky & Sons in the amount of $5,371,115.06 for the Hills and Dales area street improvements, city Project 09-15, RESOLUTION10-05-393 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky & Sons, Inc.in the amount of $5,371,115.06 is the lowest responsible bid for the construction of Hills and Dales Area Street Improvements –City Project 09-15, and the mayor and city managerare hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. AND, the finance director is hereby authorized to make the financial transfers necessary toimplement the financing plan for the project as previously approved by council. th Adopted by the Maplewood City Councilon this 10day of May, 2010. Seconded by Mayor Rossbach.Ayes –All The motion passed. Mayor Rossbachmoved toapprove the agreement with the property owner at 2057 Duluth Street, and authorize the mayor and city manager to sign the agreement with the property owner at 2057 Duluth Street. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 2.Stormwater Ordinance Amendments (First Reading) 7:15 p.m. a.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Mayor Rossbach opened the public hearing. No one came forward toaddress the council. May 10, 2010 8 City Council MeetingMinutes Mayor Rossbach closed the public hearing. Councilmember Wasilukmoved toapprove the (first reading) of the stormwater ordinance revising portions of the environmental protection and critical area (article VII) dealing with the nationwide urban runoff program (section 12-307 (f)). Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 3.Flood Plain Overlay District Ordinance and Flood Plain Rate Panel Map Amendments – (First Reading) 7:30 p.m. a.Environmental Planner,Shann Finwall gave the report and answered questions of the council. Mayor Rossbach opened the public hearing. No one came forward to address the council. Mayor Rossbach closed the public hearing. Councilmember Nephewmoved toapprove the (first reading) of the flood plain overlay district ordinance and flood plain rate panel map amendments. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. The council took a 10-minute break at 8:47. The council reconvened at 9:00 p.m. I.UNFINISHED BUSINESS None. J.NEW BUSINESS 1.Consider Adoption of the Recycling Contract Request for Proposal a.Community Development and Park Director, DuWayne Konewko gave the report and answered questions of the council. Mayor Rossbach asked if anyone wanted to speak regarding this item. No one came forward. Mayor Rossbachmoved toadopt the recycling contract request for proposal. The request for proposal outlines the city’s recycling requirements and requests that interested recycling haulers submit a proposal for a three-year recycling contract with the city. Seconded by CouncilmemberNephew.Ayes –All May 10, 2010 9 City Council MeetingMinutes The motion passed. 2.Frost Avenue Bridge Replacement, City Project 10-07 a.Resolution Establishing a Bridge Replacement Program and Calling PublicHearing for May 24, 2010 b.Review Preliminary Bridge Design Concepts i.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. 1.Michael Mireau, Community Design Review Board member addressed the council. Councilmember Wasilukmoved toapprove the resolution calling for a public hearing for 7:00 p.m. on Monday, May 24, 2010, for the establishment of a Bridge Replacement Program. RESOLUTION 10-05-394 ESTABLISHING A BRIDGE REPLACEMENT PROGRAM AND CALLING FOR PUBLIC HEARING WHEREAS, the City of Maplewood wishes to establish a Bridge Replacement Program; and WHEREAS, the establishment of a Bridge Replacement Program requires the creation of a Prioritized Bridge Replacement List; and WHEREAS, the creation of the Prioritized Bridge Replacement List requires a public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: th 1.A public hearing shall be held on the creation of a Prioritized Bridge Replacement List onthe 24 day of May 2010in the Council Chambers of City Hall at 7:00 p.m., and the city clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Mayor Rossbach.Ayes –All The motion passed. 3.Conditional Use Permit Revision for Feed Products North, 1300 McKnight Road North a.Community Development and Park Director, DuWayne Konewko gave the report and answered questions of the council. 1.Jeremy Yarwood. Planning Commission member addressed the council. 2.Michael Mireau, Community Design Review Board member present but didn’t address the council. Councilmember Nephewmoved toapprove the resolution approving a conditional use permit revision for the Feed Products North office building, located at 1300 McKnight Road North. This permit allows the construction of an office building on land zoned M1 (light manufacturing) within 350 feet of residential property. Approval of this CUP revision is subject tothe following conditions (additions are underlined and deletionsare crossed out): CONDITIONAL USE PERMIT RESOLUTION10-05-395 May 10, 2010 10 City Council MeetingMinutes WHEREAS, John Fallin, owner of Feed Products North, applied for a conditional use permit revision to build an addition to an existing 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 RoadN. The legal description is: 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 linedrawn 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 westerlyof 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 April 6, 2010, 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 approvethis permitrevision. 2. On May 10, 2010, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passedthe 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 excessivenoise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. May 10, 2010 11 City Council MeetingMinutes 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. 10.The proposed trailer will be substantially screened from neighboring single dwellings. Revision is subject to the following conditions: (additions are underlined and deletions are crossed out): 1.All construction shall follow the site plan approved by the city. 2.The proposed trailer must be occupied within one year of council approval or the permit revision shall become null and void. The council may extend this deadline for one year. 32.The city council shall review this permitin one year. 43.A designated paved parking area shall not be required unless the site usage changes in some fashion warranting the need for such parking spaces.Any parking spaces provided on site shall be on a paved surface and be striped. 54.Update the alarm system at the facility, subject to the approval of the Police Chief. 65.Provide several signs along the wetland edge on the warehouse site. The number and placement of these signs shall be determined by staff. These signs shall prohibit any building, mowing, cutting, filling or dumping in or around the wetland. 76.Submit an industrial storm water protection plan to the Minnesota Pollution Control Agency for their review and approval. 8.The owner or developer shall remove the trailer from the site before the city issues a building permit for any future development. 9.The owner shall remove the trailer from the site within five years. The Council may renew this approval if the owner requests it. 7.The office trailer must be kept in good condition and repair, including the skirting around the base. The Maplewood City Council passedthis resolution on May 10, 2010. Seconded by CouncilmemberJuenemann.Ayes –All (Councilmember Llanas was not present when the vote was taken) The motion passed. May 10, 2010 12 City Council MeetingMinutes 4.Rezoning of the Bailey Nursery Property Located East of Sterling Street South, Adjacent to the Cities of Woodbury and Newport from F (farm residential) to MU (mixed use) a.Community Development and Park Director, DuWayne Konewko gave the report and answered questions of the council. CouncilmemberNephewmoved toapprove the rezoning of the Bailey Nurseries properties located in the southeast corner of the city from F (farm) to MU (mixed use). This rezoning is based on Minnesota Statute 473,865 subdivision 3, which requires the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. REZONING RESOLUTION 10-05-396 WHEREAS ,the City of Maplewood city staffproposed a changeto the city's zoning map from F (Farm) to MU (mixed use); WHEREAS ,this zoning map change applies to the Bailey Nurseries propertieslocated in the southeast corner of the city. The property identification numbers identifying the affected properties are: PIN 24-28-22-41-0001; PIN 24-28-22-44-0001 WHEREAS ,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to Mixed Use. WHEREAS ,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1.OnApril 20, 2010, theplanning commission held a public hearingto consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2.On May 10, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council passedthe above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, which requires the city to bring the zoning of these properties into conformance withthe adopted comprehensive land use plan classification. The Maplewood City Council passedthis resolution on May 10, 2010. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 5.Rezoning of 1400, 1420 and 1440 Sterling Street South from R1 (single dwelling residential) to R-1R (rural conservation dwelling district) May 10, 2010 13 City Council MeetingMinutes a.Community Development and Park Director, DuWayne Konewko gave the report and answered questions of the council. Councilmember Nephewmoved toapprove the rezoning of 1400, 1420 and 1440 Sterling Street south, from R1 (single-dwelling residential) to R-1R (rural conservation dwelling residence). This rezoning is based on Minnesota Statute 473.865 subdivision 3, which requires the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. REZONING RESOLUTION 10-05-397 WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from R1 (single dwelling) to R-1R (rural conservation dwellingresidence); WHEREAS ,this zoning map change applies to 1400, 1420, and 1440Sterling Street South. The property identification numbers identifying the affected properties are: PIN 24-28-22-13-0007; PIN 24-28-22-13-0005; PIN 24-28-22-13-0006 WHEREAS ,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to Rural Low Density Residential. WHEREAS ,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1.OnApril 20, 2010, theplanning commission held a public hearingto consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2.On May 10, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council passedthe above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, which requires the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council passedthis resolution on May 10, 2010. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 6.Rezoning the Two Large Lots Lying Between Carver Avenue and Fish Creek, West of I- 494 From F (farm residential) to R-1R (rural conservation dwelling district) May 10, 2010 14 City Council MeetingMinutes a.Community Development and Park Director, DuWayne Konewkogave the report and answered questions of the council. Councilmember Wasilukmoved toapprove the rezoning of the two large lots lying between Carver Avenue and Fish Creek, west of I-494 from F (farm residential) to R-1R (rural conservation dwelling residence). This rezoning is based on Minnesota Statute 473.865 subdivision 3, which requires the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. REZONING RESOLUTION 10-05-398 WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from F (Farm) to R-1R (rural conservation dwelling residence); WHEREAS ,this zoning map change applies to the two large lots lying between Carver Avenue and Fish Creek, west of I-494. The property identification numbers identifying the affected properties are: PIN 24-28-22-24-0010; PIN 24-28-22-31-0017 WHEREAS ,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to Rural Low Density Residential. WHEREAS ,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1.OnApril 20, 2010, theplanning commission held a public hearingto consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2.On May 10, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council passedthe above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, which requires the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council passedthis resolution on May 10, 2010. Seconded by Mayor Rossbach.Ayes –All The motion passed. 7.Rezoning of the Lots Fronting On Dorland Road, Heights Avenue and Overlook Circle from R1 (single dwellingresidential) to RE30 (residential estate 30) May 10, 2010 15 City Council MeetingMinutes a.Community Development and Park Director, DuWayne Konewko gave the report and answered questions of the council. 1.Jeremy Yarwood, Planning Commission member addressed the council. table Mayor Rossbach moved to the rezoning of the single family dwellings fronting Dorland road, for Heights Avenue and Overlook Circle from R1 (single dwelling) to RE30 (residential estate 30) additional review by the planning commission and return this to the council at the first meeting in June 2010. Seconded by CouncilmemberNephew.Ayes –All table The motion to passed. 8.Consider Approval to Extend Lease Agreement With Gethsemane Church a.Community Development and Parks Director gave the report and answered questions of the council. 1.Bruce Roman, Park & Recreation Commissionmember addressed the council. 2.Peter Fisher, Park & Recreation Commissionmember addressed the council. CouncilmemberNephewmoved to authorize staff to extend the lease of a term for 4 months rather than the year lease and to direct staff to enter into negotiations for a definitive purchase with Gethsemane Church of at least two acres as a way of ending the lease. Seconded by Mayor Rossbach.Ayes –All The motion passed. K.VISITOR PRESENTATIONS 1.Mark Jenkins, Business and Economic Development Commission (BEDC)Chair,addressed the council. Mr. Jenkins sharedhis condolences for the loss of Sergeant Joe Bergeron, to his family and his public safety family. Mr. Jenkins said Maplewood police, fire, and the public safety are here to protect Maplewood businesses, residents, and the visitors to our community and the surrounding area to make it asafe placefor everyoneand stated that they do a wonderful job. 2.Roger Logan, Owner of Keller Lake Convenience Store, Maplewood addressed the council. Mr. Logan offered his condolences for the loss of SergeantJoeBergeronas well. Mr. Logan discussed thetobacco and alcohol violation fines from the April city council meeting and his disapproval for the charges. (City Clerk, Karen Guilfoile updated the city council on Mr. Logan’s violations at Keller Lake Convenience Store).City Attorney Kantrud said he would work with Mr. Logan regardingthe situation at hand. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS None. May 10, 2010 16 City Council MeetingMinutes N.COUNCIL PRESENTATIONS Community Involvement 1.-Councilmember Juenemann thanked everyone for their community involvement, hard work and support in the services for SergeantBergeron. Citizens Forum 2.–Councilmember Llanas said the Citizens Forum from Saturday, May 1, 2010,ismoved to June 5, 2010,at 10:00 a.m. at 2001 McMenemy Street at Fire station3 where the Fire Department will be showcased. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at10:53p.m. May 10, 2010 17 City Council MeetingMinutes