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HomeMy WebLinkAbout08-24-2009Em C. Q E. MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, August 24, 2009 Council Chambers, City Hall Meeting No. 17-09 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:33 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA The following items were added to the agenda by the city council. H1. Saint Paul Regional Water Conditional Use Permit. — Councilmember Rossbach H2. Minutes on the website for the Parks and Recreation Commission — Mayor Longrie H3. Vacant House Ordinance — Mayor Longrie H4. Campaign Sign Ordinance — Mayor Longrie K1. Removing agenda item K1. Consider Approving First Reading of Ordinance on Recreational Fires for a workshop. — Councilmember Nephew Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Rossbach. Ayes — All The motion passed. APPROVAL OF MINUTES Approval of August 3, 2009, City Council Workshop Minutes Councilmember Nephew moved to approve the August 3, 2009, City Council Workshop Minutes as submitted. Seconded by Councilmember Hjelle. Ayes — Mayor Longrie, Councilmembers Nephew & Rossbach Abstentions — Councilmembers Hjelle & Juenemann The motion passed. Approval of August 10, 2009, City Council Meeting Minutes August 24, 2009 City Council Meeting Minutes Councilmember Nephew had the following changes: On page 1 of 16, under the approval of agenda, the motion was seconded by Councilmember Rossbach not Councilmember Nephe . On packet page number 11, number 5. The motion was made by Councilmember Nephew not 41949. Mayor Longrie had the following changes: On page 2 of 16, under H4. after the words July 2, 2009, add the words and was submitted on time by that date for August. In that same paragraph at the very end of the paragraph add the sentence Maplewood Monthly went to print after the motion to suspend the council corner was tabled until the next year for discussion of policy for the future until January 2010. On page 4 of 16, item K1. Consider Amending Chapter 12 Building and Building Regulations and Call For First Reading on August 24, 2009. Mayor Longrie said the city council requested that staff get statistics for the dollar amount of city resources used in one year increments in addition to the past two years to see a track record. Mayor Longrie asked to have statistics brought back to the council. Mayor Longrie would like to know the amount of staff time used on this, number of complaints that the city has received; how many of those complaints involved transients who were living there, if it was an issue of utilities shut off. Along with court time spent on these issues and the number of foreclosed homes in Maplewood. This information should be brouwht back to the council for a workshop. Councilmember Nephew moved to approve the August 10, 2009, minutes as amended. Seconded by Mayor Longrie. Ayes — All The motion passed. F. VISITOR PRESENTATIONS — PART I 1. Michelle Jwanouskos, 879 Crestview Drive South, Maplewood. Ms. Jwanouskos spoke as a member of the Smoke Task Force. Ms. Jwanouskos discussed the recreational fires agenda item that was removed so that it could be heard during a city council workshop. 2. Jason Schuller, 2360 Timber Avenue, Maplewood (appeared twice). Mr. Schuller spoke as a member of the Smoke Task Force regarding issues and concerns he had. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick spoke regarding a data practices request he placed for statistics from the Maplewood police department. Mr. Zick also commented on the fact that the city ordinances haven't been updated for 6 years now. 4. George Rossbach, 1406 County Road C East, Maplewood. Mr. Rossbach spoke regarding the Bruentrup farm and the amount of time people have volunteered and the hours of service people have given to the city. 5. Ken Smart, 940 Bartelmy Lane, Maplewood. Spoke about the recreational fires and asked some questions of the council. 6. John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff discussed the use of the cable television studios for candidate forums and the complaint that he filed. August 24, 2009 2 City Council Meeting Minutes 7. Thomas Layer, 580 Farrell Street North, Maplewood. Mr. Layer spoke regarding the recreational fires and his serving on the Smoke Task Force. 8. Judy Beyer, 2240 Hazelwood Street, Maplewood. Ms. Beyer spoke regarding the recreational fire discussion and the smoke task force. 9. David Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling stated there are 18 people running for election and asked who had filed a campaign finance report. He also asked about the updating of the city ordinances. G. ADMINISTRATIVE PRESENTATIONS Request to Call City Council Manager Work Session Meeting — August 31, 2009, 5:00 p.m. — Topic: Overview of 2010 Budget — General Levy (HEARD AT THE END OF THE MEETING) 2. Maplewood Fire Department — Report on Fill the Boot Fundraiser a. Maplewood Fire Fighter, Jodi Halweg gave the report on the fundraiser b. Kelly Hollihan spoke on behalf of Muscular Dystrophy regarding the fundraiser. H. COUNCIL PRESENTATIONS (HEARD AT THE END OF THE MEETING) APPOINTMENTS AND PRESENTATIONS 1. Update On Sustainable Trail At Applewood Neighborhood Preserve a. Ginny Gaynor, Natural Resources Coordinator gave the presentation. No Action required. 2. Consider Official Time Capsule Proclamation a. Parks and Community Development Director, DuWayne Konewko introduced the item. 1. Ron Cockriel, 943 Century Avenue, chairperson of the Maplewood Historical Commission. 2. Pete Boulay, 1100 County Road C, Maplewood addressed the council. 3. Caleb Anderson, 480 County Road B, Maplewood addressed the council. Councilmember Nephew moved to approve the proclamation (drafted by the Historical Preservation Commission) and officially seal the time capsule. The sealed time capsule will be reopened in 2057. OFFICIAL TIME CAPSULE PROCLAMATION Whereas: The City of Maplewood, having been incorporated in 1957, and having been originally founded as New Canada and McLean Townships in 1858; Whereas: The City of Maplewood, having significant historical assets, including the Bruentrup Heritage Farm, the Ramsey County Poor Farm, the Forest Lawn Cemetery Mausoleum, numerous artifacts, sites of archeological interest, open spaces, and documented personal historical accounts; August 24, 2009 3 City Council Meeting Minutes J. Whereas: The Historical Preservation Commission, with the assistance of Maplewood City staff and volunteers , businesses, citizens, and the Maplewood Area Historical Society, having gathered documents, brochures, personal historical accounts, and a vast amount of items, that strongly provide a glimpse into our City's past and the present; Whereas: The Time Capsule will be opened in 2057, our City's 100th Anniversary; Whereas: The Time Capsule being complete, and ready for sealing; Now, therefore, be it known: That the Maplewood City Council officially recognizes the sealing of the time capsule, on this day, Monday, August 24, 2009. Signed Diana Longrie, Mayor City of Maplewood, Minnesota Seconded by Councilmember Juenemann. The motion passed. PUBLIC HEARINGS None. K. UNFINISHED BUSINESS Karen Guilfoile, City Clerk Ayes — All 1. Consider Approving First Reading Of Ordinance On Recreational Fires Councilmember Nephew removed this item from the agenda in order for this item to be brought back as a workshop discussion. 2. Consider Final Adoption Of City Council Policy And Procedures For Boards And Commissions a. City Attorney, Alan Kantrud gave the report. 1. Bob Zick, 2515 White Bear Avenue, Maplewood addressed the council. Councilmember Rossbach moved to approve the final adoption of the city council policy and procedures for boards and commissions along with typographical errors found and a title correction on page 36 of 127 in the document. Seconded by Councilmember Nephew. The motion passed. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie, & Councilmember Hjelle 3. Consider Resolution Calling Public Hearing For Tax Increment Financing Redevelopment District No. 1-10 For The shores Project Within Gladstone Redevelopment Area a. Parks & Community Development Director, DuWayne Konewko introduced the item and answered questions of the council. August 24, 2009 City Council Meeting Minutes 0 b. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie moved to table this item until the council has answers to the questions Mayor Longrie raised during the council meeting for the resolution calling for public hearing for tax increment financing redevelopment district No. 1-10 For the Shores Project within Gladstone Redevelopment Area. The motion died for a lack of a second. Mayor Longrie asked if anyone wanted to address the council. 1. Dave Schilling, 1955 Greenbrier Street, Maplewood addressed the council. 2. Bob Zick, 2515 White Bear Avenue, Maplewood addressed the council. Councilmember Rossbach moved to approve the resolution that calls a public hearing for 7:00 P.m. on October 12, 2009, for the purpose of discussing the Tax Increment Financing District for the Shores Development proposal. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: August 24, 2009 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on Tuesday, the 24th day of August, 2009 at 7:00 p.m. for the purpose, in part, of calling a public hearing on the proposed modification of Municipal Development District No. 1 and the adoption of a Modification to Development Program therefor, the proposed establishment of Tax Increment Financing (Redevelopment) District No. 1-10 (Lake Phalen Estates Project) within Development District No. 1 and the proposed adoption of the Tax Increment Financing Plan relating thereto. The following members were present: All and the following were absent: None Member Rossbach introduced the following resolution and moved its adoption: RESOLUTION 09-08-246 CALLING PUBLIC HEARING ON THE PROPOSED ESTABLISHMENT OF MUNICIPAL DEVELOPMENT DISTRICT NO. 1 AND THE ADOPTION OF A DEVELOPMENT PROGRAM THEREFOR, THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1-10 WITHIN DEVELOPMENT DISTRICT NO. 1 (LAKE PHALEN ESTATES PROJECT) AND THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the "Council') of the City of Maplewood, Minnesota (the "City"), as follows: 1. Public Hearing. This Council shall meet on October 12, 2009, at approximately 7:00 p.m., to hold a public hearing on the following matters: (a) proposed modification of Municipal Development District No. 1, (b) the adoption of a Modification to Development Program therefore, (c) the proposed establishment of Tax Increment Financing (Redevelopment) District No. 1-10 (Lake Phalen Estates Project) (the "Tax Increment Financing August 24, 2009 5 City Council Meeting Minutes District") within Development District No. 1, and (d) the proposed adoption of a Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the "Act"). 2. Notice of Hearing; Filing of Program and Plan. The City Manager is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed Tax Increment Financing Plan on file in the Manager's Office at City Hall and to make such copies available for inspection by the public. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Juenemann and upon vote being taken thereon, the following voted in favor: Councilmembers Hjelle, Juenemann, Nephew & Rossbach and the following voted against the same: Mayor Longrie Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting City Manager of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City's Tax Increment Financing District. WITNESS my had this 24th day of August, 2009 City Manager Exhibit A CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of Maplewood, Ramsey County, Minnesota, will hold a public hearing on Tuesday, October 12, 2009, at 7:00 p.m., at the City Hall, in the City of Maplewood, Minnesota, relating to the proposed modification of Municipal Development District No. 1 and the adoption of a Modification to Development Program therefore, the proposed establishment of Tax Increment Financing (Redevelopment) District No. 1-10 (Lake Phalen Estates Project) (the "Tax Increment Financing District') within Municipal Development District No. 1 and the proposed adoption of a Tax Increment Financing Plan therefore, pursuant to Minnesota Statutes, Section 469.174 through 469.1799, inclusive, as amended. Copies of the Development Program and Tax Increment Financing Plan as proposed to be adopted will be on file and available for public inspection at the office of the City Manager at City Hall. August 24, 2009 6 City Council Meeting Minutes L M The property proposed to be included in Development District No. 1 is described in the Development Program on file in the office of the City Manager. The property proposed to be included in the Tax Increment Financing District is described in the Tax Increment Financing Plan on file in the office of the City Manager. A map of Municipal Development District No. 1 and the Tax Increment Financing District is set forth below: All interested persons may appear at the hearing and present their views orally or in writing prior to the hearing. Seconded by Councilmember Juenemann. The motion passed. NEW BUSINESS Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie 1. Discussion Of City Manager Spending Authority — Councilmember Hjelle gave the specifics of this agenda item. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Bob Zick, 2515 White Bear Avenue, Maplewood. 2. Ken Smart, 940 Bartelmy Lane, Maplewood. Councilmember Nephew moved to direct staff to bring the council a repeal of the ordinance on the books. The spending limit policy be included in the items that are reviewed each January by the city council. Seconded by Councilmember Juenemann. The motion passed. The city council took a short recess Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie, & Councilmember Hjelle 2. Council Policy and procedures; fair and equal notification of legal actions involving councilmembers and or staff — Councilmember Hjelle spoke. 1. Bob Zick, 2515 White Bear Avenue, Maplewood, addressed the council. 3. Council Policy and procedures police and legal activities involving councilmembers — Councilmember Hjelle spoke. CONSENT AGENDA Councilmember Nephew moved to approve items 1, 4, & 5. August 24, 2009 City Council Meeting Minutes 7 Seconded by Councilmember Hjelle. Ayes — All The motion passed. Payroll Deduction check #1007543 thru #1007544 2. Councilmember Juenemann moved to approve item 2. Seconded by Councilmember Hjelle. Ayes — All The motion passed. GRAND TOTAL 3. Councilmember Juenemann moved to approve item 3. Seconded by Councilmember Nephew. Ayes — All The motion passed. 1. Approval of Claims Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 2,698,666.27 Disbursements via debits to checking account Dated 7/31/09 thru 08/07/09 $ 733,737.69 Checks #79070 thru #79153 Dated 07/31/09 thru 08/18/09 $ 294,401.80 Disbursements via debits to checking account Dated 08/07/09 thru 08/14/09 $ 744,365.29 Total Accounts Payable PAYROLL $ 503,759.31 Payroll Checks and Direct Deposits dated 08/07/09 $ 2,129.75 Payroll Deduction check #1007543 thru #1007544 dated 08/07/09 $ 505,889.06 Total Payroll 4.232.694.82 GRAND TOTAL Seconded by Councilmember Hjelle. Ayes — All The motion passed. 2. Approval of Hmong American Alliance Church Conditional Use Permit Review — 2515 Maplewood Drive August 24, 2009 8 City Council Meeting Minutes Councilmember Juenemann moved to approve the conditional use permit for the Hmong American Alliance Church. The Conditional Use Permit should be reviewed again within one year and if there are changes to the original permit or if issues arise. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 3. Approval of Comforts of Home Conditional Use Permit Review — 2300 Hazelwood Street Councilmember Juenemann moved to approve the conditional use permit for Comforts of Home and shall be reviewed in one -y -ear six months to ensure all outstanding conditions of approval are met including removal of silt fence, trail repair and noise standards. All original conditional use permit conditions as outlined in the June 12, 2006, city council minutes apply. Also to correct the typographical error from Highway 64 to Highway 36. Seconded by Councilmember Nephew. Ayes — All The motion passed. 4. Approval of Miscellaneous Permit Ramsey County Sheriff's Fright Farm on Ramsey County Fairgrounds Councilmember Nephew moved to approve the special use permit for the Fright Farm Halloween Event at the Ramsey County Extension Services Barn. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 5. Century Avenue Improvements, Project 03-15, Approval of Utility Construction and Maintenance Agreement with Ramsey County Councilmember Nephew moved to approve the utility construction and maintenance agreement with ramsey county for the century avenue improvements, city project 03-15, and direct the mayor and city manager to sign the agreement signifying city council approval. Minor revisions as approved by the city attorney are authorized as needed for the agreement. Seconded by Councilmember Hjelle. Ayes — All The motion passed. N. AWARD OF BIDS 1. Holloway Avenue and Stanich Highlands Area Improvements, City Project 09-13 a. Resolution Accepting Assessment Roll and Calling Assessment b. Resolution Receiving Bids and Awarding Construction Contract c. Resolution Approving No Parking Restrictions For Holloway Avenue August 24, 2009 9 City Council Meeting Minutes Councilmember Hjelle moved to approve the resolution accepting the assessment roll and calling an assessment hearing for September 28, 2009, at 7 p.m. for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09-13, and adopting the resolution receiving bids and awarding a construction contract and adopt the resolution approving no parking restrictions for Hollowav Avenue. RESOLUTION 09-08-247 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09-13, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of September, 2009, at the 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 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. 3. 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. RESOLUTION 09-08-248 AWARD OF BIDS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Tower Asphalt, Inc. in the amount of $1,964,957.30 is the lowest responsible bid for the construction of the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09-13, 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 as previously approved by council. Adopted by the council on this 24th day of August, 2009. RESOLUTION 09-08-249 HOLLOWAY AVENUE — "NO PARKING" RESTRICTIONS WHEREAS, the city council approved the preparation of plans and specifications for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09-13, in June 2009, and WHEREAS, the city will be expending Municipal State Aid funds on the improvement of Holloway Avenue from North St. Paul Road to McKnight Road; and WHEREAS, segments of said improvement do not conform to the approved State Aid standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. August 24, 2009 10 City Council Meeting Minutes NOW, THEREFORE, IT IS HEREBY RESOLVED that the city of Maplewood shall ban the parking of motor vehicles on the south side of Holloway Avenue from Howard Street to McKnight Road. Adopted by the council on this 24th day of August, 2009. Seconded by Councilmember Juenemann. The motion passed. O. VISITOR PRESENTATIONS — PART II None. Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach NRL— Mayor Longrie G. ADMINISTRATIVE PRESENTATIONS (MOVED TO THE END OF THE MEETING) 1. Request to Call City Council Manager Work Session Meeting — August 31, 2009, 5:00 p.m. — Topic: Overview of 2010 Budget — General Levy a. City Manager, James Antonen gave the specifics. Councilmember Nephew moved to call a council manager workshop for Monday, August 31, 2009, at 5:30 for the Overview of 2010 Budget - General Levy and calling for a special meeting August 31, 2009, at 5:00 p.m. for the purposes of discussing the new development agreement for the Regent Senior Housing Project. Seconded by Mayor Longrie. Ayes — All The motion passed. H. COUNCIL PRESENTATIONS 1. Saint Paul Regional Water (SPRW) - Councilmember Rossbach asked that the conditional use permit for the Saint Paul Regional Water at Sandy Lake be brought back before the city council for review which would also be good for the neighborhood to make everyone aware of what is and isn't permitted. 2. Minutes for Park and Recreation Commission — Mayor Longrie stated that the Park & Recreation Minutes are not posted on the city's website for 2001, 2006 and 2009. 3. Vacant House Ordinance — Mayor Longrie said the foreclosure is a public process and it has to be published in the legal notice section. This information could be entered into the city's GIS system and when the police go through the neighborhoods they would be aware that the home is vacant and for the city to be aware that the home went through foreclosure. 4. Campaign Sign Ordinance — Mayor Longrie asked for protocol for campaign signs of where the signs can be located. City Clerk, Karen Guilfoile discussed campaign signs and placement in Maplewood. P. ADJOURNMENT August 24, 2009 11 City Council Meeting Minutes Mayor Longrie adjourned the meeting at 10:40p.m. August 24, 2009 12 City Council Meeting Minutes _ r' r a. 06* • T 'JL�1 it .. .�' =— !•�'� - 1+ _MI-mir loon w _ r M1 k Mfg, 4b oil PER ® ! Fd ■; ' Sao !Wis. 74 ■ = ML PF AL A Elm "IL - IWAVA 7 refOINK A7 _ � +^ PW Ewa tl l II IE Vff.I . r