HomeMy WebLinkAbout06-14-2010
MINUTES
MAPLEWOOD CITY COUNCIL
7:00p.m.,Monday,June 14, 2010
Council Chambers, City Hall
Meeting No.13-10
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:00p.m.byMayor Rossbach.
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 changed on the agenda:
Mayor Rossbach tabled item F2.Promotion of Sergeant Michael Nyedue to ascheduling
conflict.
Councilmember Juenemann added N1.National Night Out.
Councilmember Wasiluk added N2. Parking and Vehicle Storage.
Councilmember Llanas added N3.Edina Ordinance to be consideredfor Maplewood.
Councilmember Nephewmoved to approve the agenda as amended.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of May 24, 2010, City Council Workshop Minutes
Councilmember Nephewmoved to approve the May 24, 2010, City Council Workshop Minutesas
submitted.
Seconded by CouncilmemberLlanas.Ayes –All
The motion passed.
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2.Approval of May 24, 2010, City Council Meeting Minutes
Councilmember Wasilukmoved to approve the May 24, 2010, City Council MeetingMinutesas
submitted.
Seconded by CouncilmemberJuenemann.Ayes –Mayor Rossbach,
Councilmembers Juenemann,
Nephew and Wasiluk
Abstention –Councilmember Llanas
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Swearing In of New Police Officers Aaron Slinger & Katherine Lynch
a.Maplewood Police Chief, Dave Thomalla gave the report regarding OfficersAaron
Slinger and Katherine Lynch.
b.City Clerk, Karen Guilfoile administered the swearing in of Officer Aaron Slinger
andOfficer Katherine Lynch.
2.Promotion of Sergeant Michael Nye–
(Tabled due to a conflict)
3.Awarding of Military Order of the Purple Heart National Law Enforcement Citation to
Officer Julie Olson
a.Mayor Rossbach introduced Mark Brown who presented Officer Julie Olson with
the Award of Military Order of the Purple Heart National Law Enforcement Citation
for her heroicactions during the shooting incident on September 7, 2009 when
North St. Paul Officer Crittendon was killed in the line of duty.
G.CONSENT AGENDA
1.CouncilmemberNephewmoved to approve items1, and items 3-10
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
2.Mayor Rossbachmoved to approve item2.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
1.Approval of Claims
CouncilmemberNephewmoved Approval of Claims.
ACCOUNTS PAYABLE:
$373,418.23Checks # 81339thru # 81428
Dated 05/25/10 thru 05/25/10
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$ 429,795.14Disbursements via debits to checking account
Dated 05/10/10 thru 05/20/10
$526,294.42Checks # 81429thru #81487
Dated 05/27/10 thru 06/01/10
$ 148,864.59Disbursements via debits to checking account
Dated 05/21/10 thru 05/28/10
$183,332.01Checks # 81488thru #81522
Dated 06/02/10 thru 06/08/10
$ 337,480.17Disbursements via debits to checking account
Dated 05/28/10 thru 06/04/10
__________________
$ 1,999,184.56Total Accounts Payable
PAYROLL
$487,551.60Payroll Checks and Direct Deposits dated 05/28/10
$ 2,800.75Payroll Deduction check #1009030thru #1009032
dated 05/28/10
___________________
$490,352.35Total Payroll
GRAND TOTAL
$ 2,489,536.91
Seconded by Councilmember Juenemann.Ayes –All
The motion passed.
2.Conditional Use Permit Review –Sandy Lake Materials Storage and Recycling, County
Road B West of I-35E
a.Community Development and Parks Director, DuWayne Konewko answered questions of
the council.
i.Jacklyn Benjamin, Maplewood, addressed the council.
ii.Dave Schuller, Chief Engineer in charge of the project, addressed the council.
Mayor Rossbachmoved toapprove the conditional use permit for the St. Paul Regional Water
Services Material Recycling Operation at Sandy Lake and shall be reviewed again in one year.
This CUP shall be reviewed sooner if theapplicant does not complete the slope stabilization by
the end of June 2010 and provide the city engineer with a maintenance and management plan for
this slope stabilization work.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
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3.Reconsideration of the Rezoning of the Lots Fronting on Dorland Road, Heights Avenue
and Overlook Circle from E1 (Single Dwelling Residential) to R-1R (Rural Conservation
Dwelling District)
Councilmember Nephewmoved toapprove the rezoning of the single family dwellings fronting
Dorland Road, Heights Avenue and Overlook Circle from R1 (single dwelling) to R-1R (rural
conservation dwelling district). 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 10-06-409
WHEREAS
,the City of Maplewood city staffproposed a change to the city's zoning map from R1
(single dwelling) to R-1R (rural conservation dwelling district);
WHEREAS
,this zoning map change applies to the 25 single dwellings located along Dorland
Road, Heights Avenue and Overlook Circle. The property identification numbers identifying the
affected properties are:
PIN24-28-22-23-0028; PIN 24-28-22-23-0034; PIN 24-28-22-23-0035;
PIN 24-28-22-23-0031; PIN 24-28-22-23-0016; PIN 24-28-22-23-0038;
PIN 24-28-22-23-0030; PIN 24-28-22-23-0036; PIN 24-28-22-23-0037;
PIN 24-28-22-23-0014; PIN 24-28-22-23-0015; PIN 24-28-22-23-0032;
PIN 24-28-22-23-0033; PIN 24-28-22-23-0029; PIN 24-28-22-23-0017;
PIN 24-28-22-23-0023, PIN 24-28-22-23-0020, PIN 24-28-22-23-0022;
PIN24-28-22-23-0021; PIN 24-28-22-23-0039; PIN 24-28-22-23-0040;
PIN24-28-22-23-0025; PIN 24-28-22-23-0027; PIN 24-28-22-23-0024;
PIN 24-28-22-23-0026;
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.
3.On June 14, 2010, the city council further discussed the proposed zoning map change.
NOW, THEREFORE, BE IT RESOLVED
that the city council passedthe above-described
change in the zoning map based on Minnesota Statute 473.865subdivision 3, which requires the
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city to bring the zoning of these properties into conformance with the adopted comprehensive
land use plan classification.
The Maplewood City Council passedthis resolution onJune 14, 2010.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
4.Spring 2010 Clean-Up Event Summary
a.Community Development and Parks Director, DuWayne Konewko addressed the council.
Councilmember Nephewmoved toapprove the Spring 2010 Clean Up Event.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
5.Resolution Approving Donation of Computer from Target Corporation
Councilmember Nephewmoved toapprove the resolution approving the donation of an iMac
Power PC G5 computer from Target Corporation to the police department.
RESOLUTION 10-06-410
AUTHORIZING GIFT TO CITY
WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real
and personal property and maintain the same for the benefit of the citizens and pursuantto the
donor’s terms if so-prescribed, and;
WHEREAS,Target Corporation wishes to grant the City of Maplewood the following:
an iMac Power PC G5 computer, and;
WHEREAS, Target Corporationhas instructed that the City will be required to use the
aforementioned for: police purposes only, and;
WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the
purposes and under the terms prescribed, and;
WHEREAS, the City agrees that it will accept the gift by a super majority of its governing body’s
membership pursuant to Minnesota Statute §465.03;
NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the
Maplewood City Council approves, receives and accepts the gift aforementioned and under such
terms and conditions as may be requested or required.
The Maplewood City Council passed this resolution by a super majority vote of its membership on
June 14, 2010.
Signed:Signed:Witnessed:
__________________________________________________________
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(Signature)(Signature)(Signature)
Mayor______________Chief of Police_________City Clerk____________
(Title)(Title)(Title)
____________________________________________________________
(Date)(Date)(Date)
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
6.Hills and Dales Area Street Improvements, Project 09-15, Resolution Directing Modification
of Existing Construction Contract, Change Order No. 1
CouncilmemberNephewmoved toapprove the resolution directing modification of existing
construction contract, change order No. 1, for the Hills and Dales area street improvements, City
Project 09-15.
RESOLUTION 10-06-411
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 09-15, CHANGE ORDER NO. 1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvements Project 09-15, Hills and Dales Area Street Improvements, and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is nownecessary and expedient that said contract be modified and designated as
Improvement Project 09-15, Change Order No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.The mayor and city clerk are hereby authorized and directed to modify the existing contract by
executing said Change Order No. 1 which is a reduction of $29,923.02.
The revised contract amount is $5,341,192.04
th
Adopted by the Maplewood City Council on this 14day of June 2010.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
7.Hills and Dales area Street Improvements, Project 09-15, Approval of Cost Share
agreement with the Ramsey-Washington Metro Watershed District
CouncilmemberNephewmoved toapprove the cost share agreement with the Ramsey
Washington Metro Watershed District for the construction and maintenance of the proposed
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infiltration basin west of Day Road, and direct the Mayor and City Manager to sign the agreement
signifying council approval. Minor modifications areapproved by the City Attorney and are
authorized as needed for the agreement.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
8.Hills and Dales Area Street Improvements, Project 09-15, 1240 Belmont Lane –Sanitary
Sewer Service Reimbursement Recommendation
a.City Engineer, Deputy Public Works Director, Michael Thompson addressed the council.
Councilmember Nephewmoved toapprove the sanitary sewer service reimbursement
recommendation of $1,245.90 for 1240 Belmont Lane for the Hills and Dales Area Street
Improvements, Project 09-15.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
9.Hills and Dales Area Street Improvements, Project 09-15, Approval of Memorandum of
Understanding: Right of Entry Agreementwith Ramsey County Parks and Recreation
Councilmember Nephewmoved toapprove the agreement and authorize the city engineer to
ratify the memorandum of understanding: right of entry agreement with Ramsey County Parks
and Recreation for the Hills and Dales Area Street Improvements, Project 09-15.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
10.White Bear Avenue/County Road D Improvements, Project 08-13, Resolution Accepting
Roll and Ordering Assessment Hearing
CouncilmemberNephewmoved toapprove the resolution accepting the roll and ordering the
assessment hearing for the White Bear Avenue/County Road D Improvements, Project 08-14,
RESOLUTION 10-06-412
ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the city engineer has, at the direction of the council, prepared an assessment roll for
the White Bear Avenue / County Road D Improvements, City Project 08-13, andthe said
assessment roll is accepted by council and is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
th
1.A hearing shall be held on the 26day of July2010, at city hall at 7:00 p.m. to pass upon
such proposed assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such assessment.
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2.The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and
to mail notices to the owners of all property affected by said assessment.
The notice of hearing shall state the date, time and place of hearing, the general nature of the
improvement the area to be assessed, that the proposed assessment roll is on file with the clerk
and city engineer,and that written or oral objections will be considered.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
H.PUBLIC HEARING
1.Historical Preservation Ordinance Amendments –Consider Approval of the First
Reading –7:00 p.m.
a.Building Official, David Fisher gave the report and answered questions of the council.
Mayor Rossbach opened the public hearing.
No one came forward to speak.
Mayor Rossbach closed the public hearing.
Ron Cockriel,Historical Preservation Commission member answered questions of the council.
CouncilmemberNephewmoved to approve the name change from Historical Preservation
Commission to HeritagePreservation Commission and approval ofthe (first reading)of the
Historical Preservation Ordinance Amendments.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
I.UNFINISHED BUSINESS
1.Consider Calling Special Council Manager Work Sessions for the Purpose of
Reviewing and Discussing Options for the 2011 Budget and 2011-2015 Capital
Improvement Plan
a.Tuesday, July 6, 2010, at 4:30 p.m.
b.Thursday, July 15, 2010, at 5:15 p.m.
i.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and
answered questions of the council.
Councilmember Wasilukmoved to approve the Special Council Manager Work Sessions for
Tuesday, July 6, 2010, at 4:30 p.m. and Thursday, July 15, 2010, at 5:15 p.m. for the purpose of
reviewing and discussing options for the 2011 Budget and 2011 –2015 Capital Improvement
Plan.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
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2.Stormwater Ordinance –Second Reading
a.City Engineer, Deputy Public Works Director, Michael Thompsongave the report and
answered questions of the council.
i.Environmental and Natural Resources Commission member, Ginny Yingling,
Maplewood addressed the council.
Councilmember Juenemannmoved to approve the (Second Reading)of the Stormwater
Ordinance.This ordinance revises portions of the Environmental Protection and Critical Area
(Article VII) dealing with the Nationwide Urban Runoff Program (Section 12-307(f)). This
amendment also moves this section of the article in its entirety to the Environment Chapter
(Chapter 18) of the city code.
ORDINANCE NO. 903
An Ordinance Amending Article VII (Environmental Protection and Critical Area), Section 12-
307(f) (Nationwide Urban Runoff Program)
TheMaplewood city councilapproves the following changes to the Maplewood Code of
Ordinances:
This ordinance deletes portions of the Environmental Protection and Critical Area (Article VII)
dealing with the Nationwide Urban Runoff Program (Section 12-307(f)). This ordinance also
moves the stormwater management ordinance in its entirety to the Environment Chapter (Chapter
18) of the city code.
Section 1. This section deletes portions of the Environmental Protection and Critical Area
ordinance at Section 12-307(f) (Nationwide Urban Runoff Program).
(f)Where feasible, all new stormwater detention ponds shall be designed and constructed to
meet the Nationwide Urban Runoff Program (NURP) design criteria of removing at least
60 percent of the phosphorous. The engineer or designer may use the Walker pondnet
model or the Pitt pond model when designing stormwater ponds, as noted by the
Minnesota Pollution Control Agency (MPCA) Protecting Water Quality in Urban Areas
manual. The applicant or applicant’s engineer shall provide the city engineer with the
necessary calculations to verify the pond design.
Section 2. This section creates a new stormwater management ordinance which will be placed in
the Environment Chapter (Chapter 18) of the city code.
Section 18-180. Applicability
. Stormwater management standards shall apply to new development
and redevelopment projects which result in one-half acre (21,780 square-feet) or more of disturbed area
or five thousand (5,000) square-feet or more of new impervious surface.
a.Runoff Rates. Runoff rates resulting from a project subject to the standards shall not exceed the
pre-project runoff rates for the 2-year, 10-year, and 100-year critical durationstorm events.
b.Water Quality Treatment. A runoff volume of at least one (1.0)inch, over all new impervious and
redevelopment impervious portions of a project, must be treated through infiltration practices.
1)Filtration practices that are designed for partial recharge (e.g., bioretention basin with
under drains) shall receive seventy percent (70%) credit for the runoff volume treatment
requirement of 1.0 inch.
2)For projects where infiltration or filtration is not feasible, or is prohibited as described in
the stormwater management standards, the project must provide treatment systems that
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remove ninety (90%) total suspended solids (TSS) and sixty percent (60%)total
phosphorus (TP) on an annual basis.
Section 18-181. Erosion Control
. Erosion control standards apply to all land disturbance activity unless
specifically exempted by the definition of the term “land disturbance activity” in the city’s erosion and
sedimentation control ordinance.
Section 18-182. Illicit Discharges
. No person shall throw, drain, or otherwise discharge, cause, or
allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm
sewer system any pollutants or waters containing any pollutants otherthan stormwater. The following
discharges are exempt:
a.Water line flushing performed by a government agency, other potable water sources, landscape
irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to
storm drains, uncontaminated pumped ground water, foundation or footing drains (not including
active groundwater dewatering systems), crawl space pumps, air conditioning condensation,
springs, natural riparian habitat or wetland flows, and any other water source not containing
pollutants;
b.Discharges or flows from fire fighting, and other discharges specified in writing by the Cityas
being necessary to protect public health and safety;
c.The prohibition provision above shall not apply to any non-stormwater discharge permitted under
an National Pollutant Discharge Elimination System (NPDES) permit or order issued to the
discharger and administered under the authority of the State and the Federal Environmental
Protection Agency, provided that the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations, and provided that written
approval has been granted for any discharge to the (municipal/county) separate storm sewer
system.
d.These requirements do not replace or supersede other City ordinances, watershed district rules
or permit requirements, or state and federal rules or permits required for the project.
Section 18-183. Regulating Use of Coal Tar Based Sealer Products
.
a.Purpose.The City understands that lakes, rivers, streams and other bodies of water are natural
assets which enhance the environmental, recreational, cultural and economic resources and
contribute to the general health and welfare of the community. The use of sealers on asphalt
driveways is a common practice. However, scientific studies on the use of driveway sealers have
demonstrated a relationship between stormwater runoff and certain health and environmental
concerns. Regulation of sealer products within the City is needed in order to protect, restore, and
preserve the quality of its waters.
b.Definitions. Except as may otherwise be provided or clearly implied by context, all terms used in
this ordinance shall be given their commonly accepted definitions. For thepurpose of Section 18-
183of this ordinance, the following definitions shall apply unless the context clear indicates or
requires a different meaning:
Asphalt-Based Sealer. A petroleum-based sealer material that is commonly used on driveways,
parking lots, and other surfaces and which does not contain coal tar.
Coal Tar. A byproduct of the process used to refine coal.
Coal Tar-Based Sealer. A sealer material containing coal tar that has not been mixed with
asphalt and which is commonly used on driveways, parking lots and other surfaces.
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PAHs(Polycyclic Aromatic Hydrocarbons). A group of organic chemicals formed during the
incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed
harmful to humans, fish, and other aquatic life.
c.Prohibitions.
1)No person shall apply any coal tar-based sealer to any driveway, parking lot, or other
surface within the City.
2)No person shall contract with any commercial sealer product applicator, residential or
commercial developer, or any other person for the application of any coal tar-based sealer
to any driveway, parking lot, or other surface within the City.
3)No commercial sealer product applicator, residential or commercial developer, or other
similar individual or organization shall direct any employee, independent contractor,
volunteer, or other person to apply any coal tar-based sealer to any driveway, parking lot,
or other surface within the City.
d.Exemption. Upon the express written approval from both the City and the MPCA, a person
conducting bona fide research on the effects of coal tar-based sealer products or PAHs on the
environment shall be exempt from the prohibitions provided in Section 18-183.
e.Asphalt-Based Sealcoat Products. The provisions of this ordinance shall only apply to use of coal
tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within
the City.
f.Penalty. Any person convicted of violating any provision in this ordinance is guilty of a
misdemeanor and penalties shall conform to Section 1-15 of City Code: General penalties for
violations; continuing violations.
g.Severability. If any provision of this ordinance is found to be invalid for any reason by a court of
competent jurisdiction, the validity of the remaining provisions shall not be affected.
The city council approved the first reading of this ordinance on May 10, 2010
.
The city council approved the second reading of this ordinance on June 14, 2010.
Signed:
_______________________________ _______________________________
Will Rossbach, Mayor Date
Attest:
________________________________
Karen Guilfoile, City Clerk
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
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At 7:55 p.m. Councilmember Nephew moved to adjourn the council meeting and take on the role
of the Economic Development Authority.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
3.Approval of Adoption of Maplewood Area Economic Development Authority Rules of
Procedure
a.Planner, Michael Martin gave the report and answered questions of the council.
b.City Attorney, Alan Kantrud answered questions of the council.
a.Maplewood Area Economic Development Authority’s Rules of Procedure
Councilmember Nephewmoved to approve the Maplewood Area Economic Development
Authority’s Rules of Procedurewith the changes noted by staff.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
b.Election of Chair and Vice Chairpersonof the Maplewood Area Economic
Development Authority for 2010
Councilmember Juenemannmoved to approve nominations and elect John Nephew as
Chairperson and James Llanas as Vice Chairperson ofthe Maplewood Area Economic
Development Authority for 2010.
Seconded byMayor Rossbach.Ayes –All
The motion passed.
c.Business and Economic Development Commission Update
i.Planner, Michael Martin gave the report and update on the BEDC
ii.Mark Jenkins,Chair of the Business and Economic Development Commission
addressed the council.
iii.City Attorney, Alan Kantrud answered questions of the council.
At 8:16 p.m. Chairperson Nephew moved to adjourn the meeting of the Maplewood Area
Economic Development Authority Rules of Procedure.
Mayor Rossbach reconvenedthe city council meeting.
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4.Ordinance Prohibiting Certain Conduct Related to Motor Vehicles
a.City Attorney, Alan Kantrud gave the report and answered questions of the council.
Mayor Rossbach asked if anyone wanted to address the council.
1.Diana Longrie, Maplewood addressed the council.
Councilmember Juenemannmoved to approve the language presented in the form of a (second
reading)of an ordinancerelating to certain conduct related to motor vehicles. This ordinance will
be enacted after publication in the official newspaper.
ORDINANCE 904
AN ORDINANCE PROHIBITING THE RIDING UPON THE EXTERNAL PORTION OF VEHICLES;
CLINGING TO MOVING VEHICLES; AND UNLAWFULLY EXTENDING BODY PARTS
BEYOND THE INTERIOR LIMITS OF MOVING VEHICLES
WHEREAS, The City of Maplewood is aware and concerned about unsafe operation of motor vehicles,
specifically, the riding upon moving vehicles, allowing passengers to extend body parts outside of the
interior of them or hang onto them to from the outside while in motion and,
WHEREAS, The City Council believes it is in the best interest of the Public and the citizens of
Maplewood that the conduct described above be prohibited and,
WHEREAS, the State of Minnesota has not prohibited the conduct described above and
WHEREAS, the City may prohibit the conduct described above by Ordinance pursuant to its authority.
NOW, Therefore it here by ordained that:
The Maplewood City Code be expanded to include § 36-40 which shall read:
Sec. 36-40Certain acts prohibited.
No person shall ride upon the external portion of any motor vehicle while in
operation, alight from or board any motor vehicle while in operation,extend any portion of
the body from the interior of the vehicle, nor intend any portion of the body into the interior
thereof while in operation. A driver may signal by hand as authorized by law and this
section is not applicable to emergency vehicle drivers.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
5.Fish Creek Estates –Approval to Proceed with Property Negotiations
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered
questions of the council.
b.City Manager, James Antonen, addressed the council.
Mayor Rossbach asked if anyone wanted to address the council.
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1.Ginny Yingling, Maplewood.
2.Bob Zick, North St. Paul.
3.Diana Longrie, Maplewood.
4.Carolyn Peterson, Maplewood.
5.Marvin Koppen, Maplewood.
6.Ron Cockriel, Maplewood.
7.Michael Bailey, Maplewood.
CouncilmemberNephewmoved to direct staff to proceed with Option #2.
Seconded by CouncilmemberLlanas.Ayes –All
The motion passed.
The city council took a break at 9:28 p.m.
The city council reconvened.
J.NEW BUSINESS
1.Rezoning of the Undeveloped Mogren Property Southwest of White Bear Avenue and
County Road C from F (Farm Residential) to BC (Business Commercial)
a.Planner, Michael Martingave the report and answered questions of the council.
b.City Attorney, Alan Kantrud addressed and answered questions of the council.
Mayor Rossbach asked if anyone wanted to address the council.
1.Alvin Bierbaum, Planning Commission Member.
2.Eva, Maplewood.(Could not hear her voice on the microphone)
3.Bob Zick, North St. Paul.
4.Rick Johnson, Maplewood.
5.CarolynGuzzo, Maplewood.
6.ArleneFrokjer, Maplewood.
Councilmember Juenemannmoved to approve the rezoning of the westerly half of the
undeveloped property located southwest of the intersection of White BearAvenue and County
Road C between the Regal Car Wash and the former Super America Fuel Station, from F (farm
residential) to BC (business commercial). This rezoning is based on Minnesota Statute 473.865
subdivision 3, requiring the city to bring the zoning of these properties into conformance with the
adopted comprehensive land use plan classification.
REZONING RESOLUTION 10-06-413
WHEREAS
,the City of Maplewood city staffproposed a change to the city's zoning map from F
(farm residential) to BC (business commercial);
WHEREAS
,this zoning map change applies to the westerly half of the undeveloped property
located southwest of the intersection of White Bear Avenue and County Road C between the Regal Car
Wash and the former Super America Fuel Station. The property identification number identifying the
affected property is:
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PIN 11-29-22-22-0041
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 Commercial.
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.OnMay 18, 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.OnJune 14, 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, requiring the city to bring
the zoning of this property into conformance with the adopted comprehensive land use plan
classification.
The Maplewood City Council approved this resolution onJune 14, 2010.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
2.Rezoning of the Vacant Property South of Lower Afton Road and West of the Fire
Station from F (Farm Residential) to R3 (Multi-Family Residential)
a.Planner, Michael Martingave the report and answered questions of the council.
1.Alvin Bierbaum, Planning Commission Member.
2.Shirley Rupert, Maplewood
3.Chris Little, Property Owner, Columbia Heights.
CouncilmemberNephewmoved to approve the resolution for the rezoning of the undeveloped
property located on the south side of Lower Afton Road, north of Connemara Condominiums,
from F (farm residential) to R3 (multiple dwelling residential). This rezoning is based on
Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of these properties
into conformance with the adopted comprehensive land use plan classification.
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REZONING RESOLUTION 10-06-414
WHEREAS
,the City of Maplewood city staffproposed a change to the city's zoning map
from F (farm residential) to R3 (multiple dwelling residential);
WHEREAS
,this zoning map change applies to the undeveloped property located on the
south side of Lower Afton Road, north of Connemara Condominiums. The property identification
numbers identifyingthe affected property are:
PIN 12-28-22-21-0004 and PIN 12-28-22-21-0002
WHEREAS
,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that
classified the land use plan for the above referenced properties to MDR.
WHEREAS
,Section473.865 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.OnMay 18, 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 June 14, 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, requiring the city to
bring the zoning of this property into conformancewith the adopted comprehensive land use plan
classification.
The Maplewood City Council approved this resolution on June 14, 2010.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
3.Rice/36 Interchange Improvements, Project 09-07
a.Approval of Traffic Signal Maintenance Agreement with Ramsey County
b.Approval of Cooperative Agreement (PW 2010-15) with Ramsey County
c.Approval of No Parking Resolution
i.City Engineer, Deputy Public Works Director, Michael Thompson gave the report
and answered questions of the council.
Councilmember Nephewmoved to approve the traffic signal maintenance agreement (PW 2010-
09) and the cooperative agreement (PW 2010-15), for City Project 09-07, and direct the Mayor
and City Manager to sign the agreements signifying council approval. Minor modifications as
June 14, 2010 16
City Council MeetingMinutes
approved by the city attorney are authorized as needed for both agreements. It is further
recommended that the council approve the No Parking Resolution restricting parking on Rice
Street from Larpenteur to County Road B.
RESOLUTION 10-06-415
RESOLUTION OF THE CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
THAT PARKING OF MOTOR VEHICLES IS HEREBY PROHIBITED AT ALL TIMES ON RICE STREET
(CSAH 49)
FROM LARPENTEUR AVENUE TO COUNTY ROAD B
WHEREAS, Ramsey County hassubmitted to the Commissioner of Transportation the plans and
specifications for the reconstruction of the Trunk Highway 36/Rice Street Interchange and related Rice
Street Improvements from 680 feet south of County Road B and 555 feet north of County RoadB-2,
designated as State Project Numbers SP62-649-27 CTBand SP 6212-165 in the Cities ofMaplewood,
Roseville,and Little Canada; and
WHEREAS, review of conditions, operations and maintenance associated with the proposed
construction project indicatesthat no parking restrictions must be designated along Rice Street within the
project limits; and
WHEREAS, further evaluation of Rice Street (CSAH 49), from Larpenteur Avenue to the
southern limits of the project, and from the northern limits of the project to Demont Avenue, has
determined that conditions, operations and maintenance on these additional segments of Rice Street
warrant similar no parking restrictions;
WHEREAS, municipal concurrence to parking restrictions is required by County Board Resolution
No. 85-152; and
WHEREAS, the cities of Little Canadaand Maplewood have also been asked to concur in the
designation of the indicated no parking restrictions along the same portions of Rice Street within their
corporate limits;
NOW, THEREFORE, BEIT RESOLVED, the City Council of the City of Maplewood, Ramsey
County, Minnesota concurs that parking shall be prohibited within its corporate limits on the east side of
Rice Street from Larpenteur Avenueto County Road B.
This Resolution was declaredduly passed and adopted and was signed by the Mayor and
th
attested to by the City Clerkthis 14day of June, 2010.
Attest:______________________________
Mayor
___________________________
City Clerk
Seconded by CouncilmemberLlanas.Ayes –All
The motion passed.
K.VISITOR PRESENTATIONS
June 14, 2010 17
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1.Bob Zick, North St. Paul. Mr. Zick asked Mayor Rossbach to clarify something he had said
earlier regarding land use and rezoning.
L.AWARD OF BIDS
None.
M.ADMINISTRATIVE PRESENTATIONS
None.
N.COUNCIL PRESENTATIONS
1.Councilmember Juenemann stated National Night Outis Tuesday, August 3, 2010.
2.Councilmember Wasiluk asked staff to look at the restrictions for parking and vehicle storage
on residential property.
3.Councilmember Llanashad mentioned during the approval of the agenda that he wanted to
discuss an Edina Ordinance but decided he wouldfollow up with City Manager Antonen
regarding this ordinance and the possibility of having an ordinance like this for Maplewood.
O.ADJOURNMENT
Mayor Rossbachadjourned the meeting at 11:08p.m.
June 14, 2010 18
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