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HomeMy WebLinkAbout08-23-2010 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,August 23, 2010 Council Chambers, City Hall Meeting No.18-10 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.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent Marvin Koppen, CouncilmemberPresent James Llanas, CouncilmemberPresent John Nephew, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to the agenda by the city council: N1.Plastic Water Bottles–Councilmember Juenemann N2.Elections in Maplewood–Mayor Rossbach N3.BEDC Business Tours –Councilmember Llanas Councilmember Juenemannmoved to approve the agenda as amended. Seconded by CouncilmemberNephew.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of August 2, 2010, City Council Workshop Minutes Councilmember Nephew had an addition to D. 2. adding the names of the winners of the Extreme Green Makeover,Michael and Michelle Tibodeau. Councilmember Nephewmoved to approve the August 2, 2010, City Council Workshop Minutes as amended. Seconded by Councilmember Juenemann.Ayes –Mayor Rossbach, Councilmembers Juenemann, Llanas & Nephew Abstention –Councilmember Koppen The motion passed. 2.Approval of August 9, 2010, City Council Workshop Minutes August 23, 2010 1 City Council MeetingMinutes Councilmember Juenemann had an addition to D. 1. b. 3.clarifying that Dale Trippler is a member of the Trash Hauling Sub-Committee. CouncilmemberNephewmoved to approve the August9, 2010, City Council Workshop Minutes as amended. Seconded by Councilmember Juenemann.Ayes –Mayor Rossbach, Councilmembers Juenemann, Llanas & Nephew Abstention –Councilmember Koppen The motion passed. 3.Approval of August 9, 2010, City Council Meeting Minutes CouncilmemberNephewmoved to approve the August 9, 2010, City Council Meeting Minutes as submitted. Seconded by Mayor Rossbach.Ayes –Mayor Rossbach, Councilmembers Juenemann, Llanas & Nephew Abstention –Councilmember Koppen The motion passed. 4.Approval of August 13, 2010, Special City Council Meeting Minutes Councilmember Nephewmoved to approve the August 13, 2010, Special City Council Meeting Minutes as submitted. Seconded by Mayor Rossbach.Ayes –Mayor Rossbach, Councilmembers Juenemann, Llanas & Nephew Abstention –Councilmember Koppen The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Annual Pride of Maplewood Award –In Memory of Sergeant Joe Bergeron a.Mayor Rossbach presented Chief Thomalla with the Annual Pride of Maplewood Award that was awarded previously for Sergeant Joe Bergeron. G.CONSENT AGENDA August 23, 2010 2 City Council MeetingMinutes 1.Councilmember Nephewmoved to approve items1-4. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 2.Councilmember Juenemannmoved to approve item5. Seconded by CouncilmemberLlanas.Ayes –Mayor Rossbach, Councilmember Juenemann, Koppen & Llanas Nay –Councilmember Nephew The motion passed. 1.Approval of Claims CouncilmemberNephewmoved Approval of Claims. ACCOUNTS PAYABLE: $ 2,685,949.44Disbursements via debits to checking account Dated 08/02/10 thru 08/06/10 $302,013.20Checks # 81955thru # 82044 Dated 08/09/10 thru 08/17/10 $ 322,992.86Disbursements via debits to checking account Dated 08/09/10 thru 08/13/10 __________________ $ 3,310,955.50Total Accounts Payable PAYROLL $518,815.91Payroll Checks and Direct Deposits dated 08/06/10 $ 2,290.25Payroll Deduction check #1009300thru #1009302 dated 08/06/10 ___________________ $521,106.16Total Payroll GRAND TOTAL $ 3,832,061.66 Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 2.Approval of Continued Participation in Livable Communities August 23, 2010 3 City Council MeetingMinutes CouncilmemberNephewmoved toapprovethe resolution electing continued participation in the local housing incentives account program under the LCA. RESOLUTION 10-08-444 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2011 THROUGH 2020 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473,25 to 473.255)establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan-area municipalities; and WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statues section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, previously negotiated affordable and life-cycle housing goals for municipalities participating in the Local Housing Incentives Account Program expire in 2010; and WHEREAS, a metropolitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life-cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordableand Life-Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. WHEREAS, the history of this request is as follows: 1.On August 11, 2010, the housing and redevelopment authority reviewed this request. 2.On August 23, 2010, the city council reviewed this request. The city council also considered reports and recommendations of the city staff and the housing and redevelopment authority. NOW, THEREFORE, BE IT RESOLVED THAT the City of Maplewood: 1.Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2011 through 2020. August 23, 2010 4 City Council MeetingMinutes 2.Agrees to the following affordable and life-cycle housing goals for the calendar years 2011 through 2020: New Affordable Units (rental and ownership) 252 to 388 New Life-cycle Units 385 to 1,050 3.Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to take to meet its established housing goals. The Maplewood City Council approved this resolution on August 23, 2010 By:___________________________By:___________________________ Mayor City Clerk Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 3.Approval of Temporary Gambling Permit and Fee Waiver –Church of St. Jerome’s CouncilmemberNephewmoved toapprove the resolution for the temporary gambling permit and fee waiver for the Church of St. Jerome’s at 380 Roselawn Avenue East to be usedSeptember 19, 2010. RESOLUTION 10-08-446 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the Church of St. Jerome’s, 380 E. Roselawn Avenue, to be used on September 19, 2010. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded tothe Gambling Control Division for their approval. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. thth 4.Consider Re-Scheduling Work Session from September 6to September 7at 5:15 p.m. Councilmember Nephewmoved toapprove rescheduling the council manager work from thth September 6to September 7at 5:15 p.m. for the purpose of discussing the draft 2011 Budget Document. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. August 23, 2010 5 City Council MeetingMinutes 5.Approval of Variance Resolution, The Shores at Lake Phalen, 940 Frost Avenue CouncilmemberJuenemannmoved toapprove the wetland buffer variance resolution for The Shores at Lake Phalen, 940 Frost Avenue. VARIANCE RESOLUTION 10-08-447 WHEREAS, Link Wilson, Kaas Wilson Architects Representing Jack Rajchenbach and Albert Miller of Maplewood Senior Living, LLC, applied for a variance from the wetland protection ordinance. WHEREAS, this variance applies to the following property: Address: 940 Frost Avenue Property Identification Number: 16-29-22-31-0025 Existing Legal Description: That part of Government Lot 2, Sec. 16, T. 29, R. 22, Ramsey County, Minnesota which lies S’ of Frost Avenue as described in Document No. 1999021, W’ of Frost Avenue Connection as described in Document No. 1999021, N’ of East Shore Drive as described in Document No. 367903, and NE’ of a line described as commencing at the center of said Section 16, thence S 89 degrees 32 minutes 38 seconds W, assumed bearing, along the N line of said Government Lot2, 1130.00 feet, to the point of beginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East Shore Drive, said angle point being 658.56 feet westerly of the East line of said government lot 2 as measured along the N line of said East Shore Drive and said line there terminating. New Legal Description (After Lot Division): All that part of Lot 1, Block 1, The Shores of Lake Phalen, Ramsey County, Minnesota that lies northerly of the following described line: Commencing at the southwest corner of said Lot 1, thence North 27 degrees 23 minutes 03 second West, along the southwesterly lot line of said Lot 1, a distance of 509.1 feet to the point of beginning of the line to be described; thence North 64 degrees 53 minutes 46 seconds East, a distance of 160.32 feet; thence North 69 degrees 51 minutes 35 seconds East a distance of 105.83 feet; thence South 61degrees 19 minutes 41 seconds East, a distance of 74.90 feet to a point on the easterly line of said Lot 1 and there terminating. WHEREAS, Ordinance No. 895, the Environmental Protection and Critical Area Ordinance dealing with Wetlands, requires a wetland protection buffer of 50 feet in width adjacent to Manage C wetlands. WHEREAS, the applicant is proposing to grade up to five feet from the wetland, requiring a variance of 45 feet. WHEREAS, the history of this variance is as follows: 1.On June 15, 2010, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve this variance request. 2.The city council held a public meeting on August 9, 2010, to review this proposal. The council considered the report and recommendations of the city staff and planning commission and input from the applicant and its representatives. August 23, 2010 6 City Council MeetingMinutes NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described variances based on the following reasons: a.The 2030 Comprehensive Planhas set the City’s expectation of reasonable use in that high density multiple-family housing will be built on this site. b.The Gladstone Neighborhood Master Plan has set the City’s expectation of a multi-story, multiple-family housing project be built which also serves as a gateway to the Gladstone neighborhood and protects existing natural vegetation, tree canopy, and wetland features as well as manages storm and other waters associated and not associated with this site. c.The City also considers the provision of senior housing in this area to be the only reasonable use given the City’s desire to have a higher density, yet lower impact type of development on the site. d.The City finds that the approximately 4.5 acre site is quite unique geographically and by its very unique topography presents an undue hardship to develop, but particularly so given the desire to have high density and low impact development. e.The City also finds that it previously approved the developer’s project and subsequently changed thewetland regulations on its own, which has necessitated the variance through no fault or action of the applicant but thereby causing the applicant an undue hardship. f.The City also acknowledges that the project has already passed the “but-for” analysis forTIF financing, implying that any less density will certainly render the project unbuildable. g.Approval of the requested wetland buffer variance would benefit the affected wetland because the existing wetland is currently completely non-functional and approval of the variance and subsequent development of this site will allow for complete reclamation of the wetland and establishment of the City’s wetland buffers: a high priority for the City. h.The improvement and reclamation of the wetland on this site will help the City meet its water volume reduction goals and help improve the water quality of nearby Phalen Lake which has been classified as an impaired water body by the Minnesota Pollution Control Agency. Strict enforcement of the ordinance would causethe applicant undue hardship because i. complying with all of the wetland buffer requirements stipulated by the wetland ordinance will dramatically diminish the development density potential of this lot and make it impossible to combine high density with lowoverall impact as envisioned by the City as the reasonable use of this property. j.The applicant of the variance testified that the development will not proceed if the variance is not granted. k.Given the unique character of the site combined with the city's specific goals in terms of density and type of development for the site,per the Gladstone Master Plan as adopted by the City,this site cannot be reasonably used for any other purpose without a variance regardless of who the property owner or applicant happens to be. l.Given the above factors, the City finds that the property in question cannot be put to a reasonable use if used under the conditions allowed by the City’s official controls. m.Approval would also meet the spirit and intent of the ordinance since the proposed restoration and mitigation of the wetland buffers will greatly improve the quality of the existing identified wetland on the site. Approval of this wetland buffer variance is subject to the following conditions: August 23, 2010 7 City Council MeetingMinutes a.All permits and approvals by the Ramsey Washington Metro Watershed District will need to be secured. b.Satisfy the requirements set forth in the staff report authored by Mr. Thompson, dated June 7, 2010. c.Satisfy the requirements set forth in the staff report authored by Ms. Finwall and Ms. Gaynor, dated May 28, 2010. d.Submittal of revised plans showing increased wetland setbacksof at least 25 feet, subject to staff approval. The Maplewood City Council approved this resolution on August 9,2010. Seconded by CouncilmemberLlanas.Ayes –Mayor Rossbach, Councilmember Juenemann, Koppen & Llanas Nay –Councilmember Nephew The motion passed. H.PUBLIC HEARING None. I.UNFINISHED BUSINESS 1.White Bear Avenue/County Road D Improvements, Project 08-13, Resolution Accepting Roll and Ordering New Assessment Hearing a.Deputy Public Works Director, City Engineer, Michael Thompson gave the report. Councilmember Nephewmoved toapprove the resolution for the White Bear Avenue/County Road D Improvements, Project 08-13: Accepting Roll and Ordering a New Assessment Hearing for September 27, 2010, at 7:00 p.m. RESOLUTION 10-08-448 ORDERING NEW 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. WHEREAS, an assessment hearing for City Project 08-13 was previously held on July 26, 2010 after the council called for a hearing on June 14, 2010. WHEREAS, published notice for the July 26, 2010 assessment hearing was incorrectly published on July 14 and 21, thereby not meeting Minnesota Statute requirements (Minn. Stat. § 429.061, subd. 1) of providing two weeks published notice prior to the hearing date. WHEREAS, since Statute requirements were not met the Assessment Hearing held on July 26, 2010 was not valid and a new Assessment Hearing must be held in order to be in conformance with State Statute requirements, specifically, Minnesota Statutes, § 429.071 Subd. 2). August 23, 2010 8 City Council MeetingMinutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: th 1.A hearing shall be held on the 27day of September2010, 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. 2.The city clerk is hereby directed to causea 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. rd Approved this 23day of August 2010. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. J.NEW BUSINESS 1.Call a Public Hearing for October 4, 2010, to Review Collection System Analysis a.Community Development & Parks Director, DuWayne Konewko gave the report and answered questions of the council. CouncilmemberJuenemannmoved toapprove calling for a public hearing for October 4, 2010, to review collection system analysis. The public hearing will be held during a special city council meeting with no other agenda items. The purpose of the public hearing is to take testimony from all interested parties on the city’s proposal to organize its trash hauling system. Seconded by Mayor Rossbach.Ayes –All The motion passed. 2.Consider Approval of Kingston Avenue Right-of-Way Vacation, Request by Richard DuFresne (1721 DeSoto Street) a.Community Development & Parks Director, DuWayne Konewko gave the reportand answered questions of the council. b.City Attorney, Alan Kantrud addressed and answered questions of the council. Councilmember Juenemannmoved toapprove the resolution approving the right-of-way vacation for Kingston Avenue requested by Richard DuFresne (1721 DeSoto Street). VACATION RESOLUTION 10-08-449 WHEREAS, Richard Dufresne, 1721 DeSoto Street, applied for the vacation of the following: All that part of Kingston Avenue East (platted as King Street) as shown on KINGS ADDITION TO THE CITY OF ST. PAUL, according to the plat thereof recorded in the office of the County Recorder, Ramsey County, Minnesota which lies southerly of the north line of the West Half of the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 17, Township 29 North, Range 22 West, Ramsey County, Minnesota; westerly of a line parallel with and 33.00 feet westerlyof the August 23, 2010 9 City Council MeetingMinutes centerline of DeSoto Street as traveled; and northerly of the north line of Lot A, said KINGS ADDITION TO THE CITY OF ST. PAUL. WHEREAS, the history of this vacation is as follows: 1.On August 17, 2010, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2.On August 23, 2010, the city council considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to the following property, which is indicated by its property identification number: PIN: 17-29-22-33-0083 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: 1.It is in the public interest. 2.The city is not using the right-of-way for a public street. 3.The right-of-way is not needed for street access purposes as the adjacent properties have street access on DeSoto Street. This vacation is subject to: 1.The dedication of the 33-foot-wide roadway easement for DeSoto Street should be a condition for the approval of the vacation request 2.Comply with any other requirements contained within Assistant City Engineer Steve Love’s report, dated August 4, 2010. The Maplewood City Council adopted this resolution on August 23, 2010. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 3.Consider Approval of English/TH 36 Interchange Improvements, City Project 09-08, Resolution Ordering Preparation of Feasibility Study and Authorization to Proceed a.Deputy Public Works Director, City Engineer, Michael Thompson gave the report and answered questions of the council. Councilmember Juenemannmoved toapprove the resolution ordering the preparation of the feasibility study for the English/TH 36 Interchange Improvements, Project 09-08 and authorizing the project to proceed. August 23, 2010 10 City Council MeetingMinutes RESOLUTION 10-08-450 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the English St/TH 36/TH 61 Area, City Project 09-08 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer or representative consulting engineer(s)for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost ofthe improvement as recommended; and FURTHERMORE, funds in the amount of $300,000 are appropriated to begin tasks generally described asfeasibility study, pursue additional project funding, public involvement, design surveys, preliminary layouts and approvals, environmental assessment documentation, and other associated tasks to move this project tofinal design. rd Approved this 23day of August 2010. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. K.VISITOR PRESENTATIONS 1.Mark Jenkins, Maplewood.Mr. Jenkins said aStillwater Girl Scout troophad volunteered to work at the Maplewood Nature Center. Mr. Jenkinswanted to draw attention to volunteers from other communities that take time tooffer assistancein the city. L.AWARD OF BIDS 1.Lions Park Redevelopment –Resolution Receiving Bids and Awarding Construction Contract a.CivilEngineer, Steve Kummer gave the report and answered questions of the council. Councilmember Juenemannmoved toapprove the resolution receiving bids and awarding the construction contract to Fitol-Hintz Construction, Inc., for $499,644.65for the redevelopment of Lions Park. RESOLUTION 10-08-451 AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Fitol-Hintz Construction, Inc.in the amount of $499,644.65 is the lowest responsible bid for the construction of the Lions Park Improvements –City Project 08-09, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. August 23, 2010 11 City Council MeetingMinutes rd Adopted by the council on this 23day of August, 2010. Seconded by CouncilmemberNephew.Ayes –All The motion passed. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS 1.Plastic Water Bottles –Councilmember Juenemann Councilmember Juenemann said she will be working diligently toeliminateplastic water bottles from the city hall and the Maplewood Community Center and will recommend using paper cups or bringing your own water bottle to fill it with water. 2.Elections in Maplewood –Mayor Rossbach Mayor Rossbach said the City of Maplewood had a 23% turnout for the general election on August 10, 2010. Mayor Rossbach asked staff to bring more information back to the city councilregarding holding elections on even years. 3.Business Economic Development CommissionTours –Mark Jenkinssaid the BEDC will be meeting people in the business community to conduct an outreach program to hear what people have to say. Staff will accompany one or two BEDC members starting Tuesday, August 24, 2010,around 6 p.m.There may betwo openings on the BEDC, contact city hall if you are interested in serving on the commission. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 8:12p.m. August 23, 2010 12 City Council MeetingMinutes