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HomeMy WebLinkAbout06-22-2009A. CQ C. E. MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, June 22, 2009 Council Chambers, City Hall Meeting No. 13-09 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:17 p.m. by Mayor Longrie due to the lateness of the 5:00 p.m. workshop meeting. 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 by councilmembers: Councilmember Hjelle removed L7. Reduction of 2009 City Budget to Reflect Loss of Revenue. Mayor Longrie said a request had been made to move agenda item M4. between L2 and L3. Councilmember Juenemann has a brief update on Ramsey County Dispatch H1. Mayor Longrie has an update on the First Tier Suburb Committee Meeting as H2. Councilmember Rossbach has an update on Rush Line Corridor Report as H3. Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Hjelle. Ayes — All The motion passed. APPROVAL OF MINUTES Approval of the June 1, 2009, Council Workshop Minutes Councilmember Nephew moved to approve the June 1, 2009, Council Workshop Minutes as submitted. Seconded by Mayor Longrie. The motion passed. June 22, 2009 City Council Meeting Minutes Ayes — Mayor Longrie Councilmembers Nephew & Rossbach Abstentions — Councilmember Hjelle & Juenemann Approval of the June 1, 2009, A Continuation of May 28, 2009, Council Meeting Minutes Councilmember Nephew moved to approve the June 1, 2009, A Continuation of May 28, 2009, Council Meeting Minutes as submitted. Seconded by Councilmember Hjelle. The motion passed. Ayes — Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Abstain — Councilmember Juenemann Approval of the June 8, 2009, Council Workshop Minutes Councilmember Nephew moved to approve the June 8, 2009, Council Workshop Minutes as submitted. Seconded by Councilmember Rossbach. Ayes — All The motion passed. Approval of the June 8, 2009, Council Meeting Minutes Councilmember Juenemann phoned her correction to the June 8, 2009, council minutes into the city clerk. On page 19 of 178 and page 22 of 178 in the packet the motion for K1. was made by Councilmember Nephew, not by Councilmember Juenemann. Councilmember Juenemann had seconded the motion. Councilmember Nephew moved to approve the minutes as amended. Seconded by Councilmember Juenemann. Ayes — All The motion passed. F. VISITOR PRESENTATIONS — PART I Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick commented on the Friends of Maplewood website and on City Manager Antonen's salary and benefits. 2. Judith Johannssen, 1610 Woodlyn Avenue East, #3, Maplewood. Presented a petition regarding the city council writing articles for the Maplewood Monthly. 3. Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling commented on city spending and the budget issues the city is facing currently and in the future. 4. Melanie Edgett, 2701 Geranium Avenue East, Maplewood. Ms. Edgett said she is building a new garage and is going green. She was concerned about the fees that were involved in the removal and building of a new garage verses reusing current buildings and she asked if the city council would approve or deny her request to have the related fees waived. June 22, 2009 2 City Council Meeting Minutes 5. John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff stated members from AFSCME and AFLCIO called him regarding being interviewed before candidates have even filed for office with the City. He was concerned about this. 6. Roger Anderson, 2730 Carver Avenue, Maplewood. Spoke about a summons he received for his property regarding Code violations. G. ADMINISTRATIVE PRESENTATIONS Announcement of Council Manager Workshop — July 6, 2009, at 5:00 p.m. Discussion of 2009 and 2010 Budget. a. City Manager, James Antonen gave a brief report. H. COUNCIL PRESENTATIONS Councilmember Juenemann reported on an increase in fees for Ramsey County Dispatch services and a study that was done regarding services they provide. More information will follow. 2. Mayor Longrie gave a report and update on the First Tier Suburb Committee meeting in connection with the National League of Cities. 3. Councilmember Rossbach gave an update on the Rush Line Corridor Task Force and their next meeting June 24, 2009. APPOINTMENTS AND PRESENTATIONS None. J. PUBLIC HEARINGS 1. National Pollutant Discharge Elimination System (NPDES) Phase II Annual Report/Public Meeting — 7:00 p.m. a. Community Development and Parks Director, DuWayne Konewko gave the presentation and answered questions of the council. b. City Engineer, Deputy Public Works Director, Michael Thompson answered questions of the council. Mayor Longrie opened the public hearing. Nobody came forward to address the council. Mayor Longrie closed the public hearing. Councilmember Hjelle moved to approve the National Pollutant Discharge Elimination System (NPDES) Phase II Annual Report. Seconded by Councilmember Juenemann. Ayes — All The motion passed June 22, 2009 3 City Council Meeting Minutes K. UNFINISHED BUSINESS County Road D Street Improvements (McKnight to Lydia), Project 08-20, Resolution Awarding Bid Alternate 1 For Lake Links Trail Improvements a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Mayor Longrie asked if anyone wanted to come forward. Sherry Orlando, 3001 Standridge Place, Maplewood. Councilmember Hjelle moved to approve the resolution awarding the Lake Links Trail Bid Alternate 1 for the County Road D Street Improvements (City Project 08-20) to T.A. Schifsky and Sons in the total amount of $128,534.21. RESOLUTION 09-06-204 COUNTY ROAD D STREET IMPROVEMENTS (MCKNIGHT TO LYDIA), PROJECT 08-20 AWARD BID ALTERNATE 1 FOR THE LAKE LINKS TRAIL IMPROVEMENTS WHEREAS, bid alternate pricing for the Lake Links Trail Improvements, City Project 08-16, was received as a part of the County Road D Street Improvements, City Project 08-20, and WHEREAS, the bid alternate pricing was reflective of a very competitive bidding environment, and WHEREAS, based on a review of various design options, and input from the area residents, staff is recommending that the Council award the bid alternate and include the construction of the Lake Links Trail Improvements as a part of the County Road D Street Improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That Bid Alternate 1 for the Lake Links Trail Improvements be included as a part of the County Road D Street Improvements, and be awarded to T.A. Schifsky and Sons in the total amount of $128,534.21. Approved this 22nd day of June 2009. Seconded by Councilmember Juenemann. Ayes — Mayor Longrie, Councilmembers Hjelle, Juenemann & Nephew Nay — Councilmember Rossbach The motion passed. 2. Consider Resolution Approving Extension to Open Space Purchase Option Within Carver Crossing Development Contract a. City Attorney, Alan Kantrud gave the presentation and answered questions of the council. June 22, 2009 4 City Council Meeting Minutes Councilmember Nephew moved to table this item until a later date. Seconded by Councilmember Hjelle. Ayes — All Mayor Longrie made a friendly amendment to table this until the next council meeting. The motion passed. 3. Energy Efficiency and Conservation Block Grant Program a. Consider Selection of Projects b. Consider Resolution Authorizing Submittal of Grant for Use of 2009 ARRA Funds i. Assistant City Manager, Public Works Director, Chuck AN gave the presentation and answered questions of the council. Councilmember Rossbach moved to approve the submittal of grant information for projects totaling $163,900 by adopting the resolution for seven projects for submittal. RESOLUTION 09-06-203 APPROVING ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT (EECBG) PROGRAM APPLICATION WHEREAS, the City of Maplewood is a Municipal Corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the American Recovery and Reinvestment Act (ARRA) of 2009, Public Law 111-5, appropriated funding for the Department of Energy (DOE) to issue/award formula based grants to states, U.S. territories, units of local government, and Indian tribes under the Energy Efficiency and Conservation Block Grant (EECBG) Program; and WHEREAS, the City of Maplewood has been allocated $163,900 of Energy Efficiency and Block Grant money for investment in energy efficiency improvements, fossil -fuel emission reductions, economic benefits and energy use reductions; and WHEREAS, the City of Maplewood will be applying for the EECBG funds to be used for the following projects: 1) Replacement of Boilers at City Hall 1) HVAC controls efficiency at City Hall 2) Administrative Costs 3) Public Facilities Audit 4) Maplewood Mall Parking Lot Lights Retrofit Grant 5) Goodrich Park Lighting Upgrade 6) Lower Track Lighting Upgrade at MCC NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby: 1) designate Chuck Ahl, Assistant City Manager, as the proper authority to apply for and receive EECBG funding; and June 22, 2009 5 City Council Meeting Minutes 2) assure that all laborers and mechanics on projects funded by the ARRA are paid wages at rates Attest: not less than those prevailing on projects of a character similar in the locality as determined by subchapter IV of Chapter 31 of title 40, United States Code (Davis -Bacon Act). Passed and adopted this 22nd day of June 2009. Mayor City Clerk Seconded by Councilmember Juenemann. Ayes —All The motion passed. Councilmember Hjelle moved to approve Chuck Ahl as the proper authority as the Grant Administrator. Seconded by Councilmember Juenemann. Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie 4. Economic Development Authority a. Consider Resolution Adopting an Ordinance Establishing The Maplewood Area Development Authority b. Consider Resolution Adopting Bylaws of Maplewood Economic Development Authority C. Consider Resolution Directing Consideration of Business and Economic Development Advisory Commission (BEDC) d. Consider Resolution Accepting Purchase Agreement From Roadmaster of Minnesota LLC For Parcel On Van Dyke Street North At Castle Avenue i. Assistant City Manager, Public Works Director, Chuck Ahl gave the report. ii. City Attorney, Alan Kantrud answered questions of the council. iii. City Manager, James Antonen answered questions of the council. Councilmember Nephew moved to approve the resolution adopting an ordinance establishing the Maplewood Area Development Authority and changing the start time for the public hearing from 7 to 8 p.m. RESOLUTION 09-06-205 ADOPTING AN ORDINANCE ESTABLISHING THE MAPLEWOOD AREA DEVELOPMENT AUTHORITY June 22, 2009 6 City Council Meeting Minutes WHEREAS, the City of Maplewood is a Municipal Corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council has indicated an interest to create an Economic Development Authority per statute MS 469.093(1); and WHEREAS, the City of Maplewood has received a report from the City Attorney regarding an ordinance that would establish the Maplewood Area Development Authority; and WHEREAS, the City Council desires to receive public testimony on the creation of said authority. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby: 1). Adopts the ordinance for the creation of the Maplewood EDA and directs staff to begin procedures for implementing said ordinance into the administrative portion of the City Code. Said ordinance shall not become effective until City Council affirmative action following the necessary public hearing. 2) Calls a public hearing on said ordinance and EDA creation for the 13th day of July of 2009 in the City Council chambers at 8:00 pm CDT. Passed and adopted this 22nd day of June 2009. Seconded by Councilmember Juenemann. Ayes — All Councilmember Nephew moved to approve adopting the bylaws of the Maplewood Economic Development Authority. RESOLUTION 09-06-206 ADOPTING BYLAWS OF THE MAPLEWOOD ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the City of Maplewood is a Municipal Corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council has indicated an interest to create an Economic Development Authority (EDA) per statute MS 469.093(1); and WHEREAS, the City of Maplewood has received a report from the City Attorney regarding an ordinance that would establish the Maplewood Area Development Authority; and WHEREAS, the City Attorney has presented proposed By -Laws for the operation of said EDA and the Council has reviewed and revised said By -Laws. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby: June 22, 2009 7 City Council Meeting Minutes 1) Adopt in a preliminary fashion, subject to review and subsequent additional approval, said By -Laws of the Maplewood Economic Development Authority. Passed and adopted this 22nd day of June 2009. Seconded by Councilmember Juenemann. Ayes — All DRAFT ORDINANCE NO: AN ORDINANCE ESTABLISHING THE MAPLEWOOD AREA DEVELOPMENT AUTHORITY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS: SECTION 1. Section 315.01. Definitions. Subdivision 1. Common terms. As used in this Ordinance, the terms defined have the meanings given them. Subd 2. "Authority" - an Economic Development Authority as defined by Minnesota Statutes 469.090 through ^69.122 469.1082. Subd. 3. "City" - the City of Maplewood, Minnesota. Subd. 4. "Council" - the duly elected governing body of the City of Maplewood, Minnesota. Subd. 5. "The Act" - Minnesota Statues 469.090 through 469.123 469.1082. Subd. 6. "Enabling Resolution" - this Ordinance. SECTION 2. Section 315.03. Establishment. An Economic Development Authority is established which shall have all of the powers, duties and responsibilities of an Economic Development Authority pursuant to Minnesota Statues 469.090 through ^69.122 469.1082. It shall be the role and responsibility of the Authority to carry out economic and industrial development and redevelopment within the Maplewood area pursuant to Bylaws as may be adopted by the Authority. It shall confer with other City departments, and other public and private groups on matters relating to business and industrial development and periodically survey the area's industrial and commercial climate and report regularly to the Council. SECTION 3. Section 315.05. Name. The Economic Development Authority created by the Enabling Resolution shall be known as the Maplewood Area Development Authority. Councilmember Nephew moved to approve the resolution directing consideration of business and economic development advisory commission. RESOLUTION 09-06-207 DIRECTING CONSIDERATION OF BUSINESS AND June 22, 2009 8 City Council Meeting Minutes ECONOMIC DEVELOPMENT ADVISORY COMMISSION WHEREAS, the City of Maplewood is a Municipal Corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council has indicated an interest to create an Economic Development Authority per statute MS 469.093(1); and WHEREAS, the City of Maplewood is considering the need for an advisory board of housing and business interests to provide guidance and recommendations to the Economic Development Authority; and WHEREAS, the City Council desires to receive public testimony on the creation of said authority. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby: 1) Directs the city staff to prepare options for the creation of a Business and Economic Development Advisory Commission (BEDC) that should include consideration for the inclusion of the existing members of the City's current Housing and Redevelopment Authority. Passed and adopted this 22nd day of June 2009. Seconded by Councilmember Juenemann. Ayes — All Councilmember Nephew moved to approve accepting the purchase agreement from roadmaster of Minnesota LLC for the parcel on Van Dyke Street north at Castle Avenue. RESOLUTION 09-06-208 ACCEPTING PURCHASE AGREEMENT FROM ROADMASTER OF MINNESOTA LLC FOR PARCEL ON VAN DYKE STREET NORTH AT CASTLE AVENUE June 22, 2009 9 City Council Meeting Minutes WHEREAS, the City of Maplewood is a Municipal Corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council has indicated an interest to create an Economic Development Authority per statute MS 469.093(1); and WHEREAS, the City of Maplewood has received a proposed purchase agreement for a vacant parcel of land owned by the City of Maplewood; and WHEREAS, said parcel has been appraised by an independent appraiser in the amount of $420,000; and WHEREAS, said purchase agreement is for the amount of $450,000; and WHEREAS, the City Council may act as an EDA or as the City Council in consideration of accepting said purchase agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby: 1) Receives said purchase agreement on behalf of the City of Maplewood, such action shall not be construed as effectively having accepted said agreement as outlined within the provisions of the agreement. 2) Refers said agreement to City staff and City Attorney for a report on the impacts and legal ramifications of accepting said agreement for the 13th day of July of 2009. Passed and adopted this 22nd day of June 2009. Seconded by Councilmember Rossbach. Ayes — All The council took a 5 -minute recess. The council reconvened. Mayor Longrie moved that items L1, L2, M4 and K8 be heard out of order due to citizens waiting. Seconded by Councilmember Nephew. Ayes — All The motion passed. L. NEW BUSINESS (HEARD OUT OF ORDER) June 22, 2009 10 City Council Meeting Minutes On -Sale Intoxicating Liquor License — Approve TGI Friday's New Manager, John Mark Dorow a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report. b. Manager, John Mark Dorow, TGI Friday's, 3087 White Bear Avenue, Maplewood addressed and answered questions of the council. Councilmember Hjelle moved to approve the On -Sale Intoxicating Liquor License for TGI Friday's New Manager, John Mark Dorow at 3087 White Bear Avenue. Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. On -Sale Intoxicating Liquor License — Approve Champps New Manager, Richard Milton Authier a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report. b. Manager, Milt Authier, Champps, 1734 Adolphus Street, Maplewood addressed and answered questions of the council. Councilmember Hjelle moved to approve the On -Sale Intoxicating Liquor License Manager for Champps at 1734 Adolphus Street. Seconded by Councilmember Juenemann Ayes — All The motion passed. M. CONSENT AGENDA (HEARD OUT OF ORDER) 4. Approval of Lawful Gambling License — Lady Slipper Chapter of The American Business Association at Dean's Tavern Councilmember Hjelle moved to approve the Lawful Gambling Premise License and Resolution for Lady Slipper Chapter ABWA to Operate at Dean's Tavern. RESOLUTION 09-06-202 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Lady Slipper Chapter of the American Business Women's Association to operate at Dean's Tavern, located at 1986 Rice Street, Maplewood, Minnesota. 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 license 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 to the Gambling Control Division for their approval. Seconded by Councilmember Nephew. Ayes - All June 22, 2009 11 City Council Meeting Minutes The motion passed. K. UNFINISHED BUSINESS (HEARD OUT OF ORDER) 8. Consider Denial of Application of Lot Split For Richie Place (South of Labore Road and East of Arcade Street) a. Community Development and Parks Director, DuWayne Konewko gave the report. Councilmember Nephew moved to deny the lot split request to divide the 2.24 acre lot located south of Labore Road and East of Arcade Street, the city will provide Mr. Soby with a letter of the council decisions and the findings of fact that support that decision This lot split denial is based on the following reasons: a. Preliminary plat approved for the Little Canada portion of the Richie Place development has lapsed and any new development for that area would require a new application that would be subject to Little Canada's revised single dwelling zoning requirements. b. The Maplewood portion of the Richie Place project was to receive all of its access and utilities from Little Canada and was inherently dependent on the Little Canada portion of the proposed development. Since preliminary plat approval no longer exists in Little Canada it deems the Maplewood portion of the development inaccessible. Seconded by Councilmember Hjelle. Ayes — All The motion to deny passed. Councilmember Nephew made a friendly amendment that the city will provide Mr. Soby with a letter of the council decisions and the findings of fact that support that decision. 5. Gladstone —Phase I —City Project 04-21 —Consider Resolution Receiving Preliminary Report On Improvement Options and Calling Public Hearing for July 13, 2009 a. Resolution Accepting Preliminary Report, Calling Public Hearing, and Authorizing Preparation of Plans and Specifications i. Assistant City Manager, Public Works Director, Chuck Ahl gave the report. ii. Finance Director, Bob Mittet answered questions of the council. Councilmember Hjelle moved to approve the resolutions accepting the report, calling for a public hearing for 7:30 p.m. Monday, July 13, 2009, rather than 7:00 p.m. and authorizing preparation of plans and specifications for the Gladstone Area Improvement — Phase I Project. RESOLUTION 09-06-209 ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted July 16th, 2007, a report has been prepared by city staff, with reference to the improvement of the Gladstone Area — Phase 1 Improvements, City Project 04-21, by and this report was received by the council on June 22, 2009. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, June 22, 2009 12 City Council Meeting Minutes NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $3,000,000. 2. The city engineer is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of the project plans and specifications in the amount of $200,000. 4. A public hearing shall be held on such proposed improvement on the 13th day of July, 2009 in the council chambers of Maplewood City Hall at 7:30 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Nephew. Ayes — Mayor Longrie, Councilmembers Hjelle, Juenemann & Nephew Nay — Councilmember Rossbach The motion passed. 6. County Road D Street Improvements (McKnight to Lydia), Project 08-20, Resolution Adopting Revised Assessment Roll a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report. Councilmember Nephew moved to approve the resolution for adopting revised assessment roll for the County Road D Street Improvements, Project 08-20. RESOLUTION 09-06-210 ADOPTING REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 28, 2009, the assessment roll for the County Road D Street Improvements, City Project 08-20, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, eight (8) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 01.29.22.21.0099 — Thomas Gamble; 2484 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Gamble is requesting that the assessment be cancelled due to financial hardship. 2. Parcel 01.29.22.22.0097 — Marcelina Rumbo; 2360 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. 3. Parcel 01.29.22.22.0099 — Marcelina Rumbo; 2354 County Road D East June 22, 2009 13 City Council Meeting Minutes It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. 4. Parcel 01.29.22.22.0001 — David Seidel; 2370 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Seidel is requesting a senior citizen deferment. 5. Parcel 01.29.22.21.0079 — Donna McCormack; 2384 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Ms. McCormack is requesting a senior citizen deferment. 6. Parcel 01.29.22.21.0102 — Kendall Cook; 3069 Bellaire Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Cook is requesting a deferment due to financial hardship. 7. Parcel 01.29.22.21.0105 — Shawn Themmes; 2429 Gall Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mrs. Themmes is requesting that the assessment be cancelled due to financial hardship. 8. Parcel 01.29.22.22.0061 — Judy Garscia; 2280 County Road D East It is currently proposed that the property be assessed for 1 unit (watermain, street, and storm sewer). Ms. Garscia is requesting that the assessment be cancelled due to financial hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the County Road D Street Improvements, Project 08-20: Parcel 01.29.22.21.0099 — Thomas Gamble; 2484 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Gamble is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a disability/financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 2. Parcel 01.29.22.22.0097 — Marcelina Rumbo; 2360 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 3. Parcel 01.29.22.22.0099 — Marcelina Rumbo; 2354 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 4. Parcel 01.29.22.22.0001 — David Seidel; 2370 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr Seidel is requesting a senior citizen deferment. Staff recommendation is to grant a senior citizen/financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. June 22, 2009 14 City Council Meeting Minutes 5. Parcel 01.29.22.21.0079 — Donna McCormack; 2384 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Ms. McCormack is requesting a senior citizen deferment. Staff recommendation is to grant a senior citizen/financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 6. Parcel 01.29.22.21.0102 — Kendall Cook; 3069 Bellaire Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Cook is requesting a deferment due to financial hardship. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 7. Parcel 01.29.22.21.0105 — Shawn Themmes; 2429 Gall Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mrs. Themmes is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 8. Parcel 01.29.22.22.0061 — Judy Garscia; 2280 County Road D East It is currently proposed that the property be assessed for 1 unit (watermain, street, and storm sewer). Ms. Garscia is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 2. The assessment roll for the County Road D Street Improvements as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. 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 years, the first installments to be payable on or before the first Monday in January 2012 and shall bear interest at the rate of 5.4 percent per annum beginning June 8, 2011. To the first installment shall be added interest on the entire assessment from June 8, 2011 until December 31, 2011. 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, 2011, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid on or before July 8, 2011; and they may, at any time after October 1, 2011, pay to the county auditor the entire amount of the assessment remaining 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, 2009, but no later than October 15, 2009, 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. Adopted by the council on this 22nd day of June 2009. June 22, 2009 15 City Council Meeting Minutes Seconded by Councilmember Hjelle. Ayes — All The motion passed. 7. Holloway Ave and Stanich-Highlands Area Street Improvements, Project 09-13, Resolution Accepting Feasibility Study and Calling Public Hearing a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Councilmember Nephew moved to approve the resolution accepting the report, authorizing the preparation of plans and specifications, and calling for a public hearing for 7 p.m. on Monday, July 13, 2009. RESOLUTION 09-06-211 ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the Council adopted June 2nd , 2009, a report has been prepared for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09-13, and this report was received by the Council on June 22nd, 2009, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $3,870,000. 2. The city's consultant, Kimley Horn and Associates, is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A budget of $3,870,000 shall be established for the project. The proposed financing plan is as follows: Financing Source Amount City of Maplewood — G.O. Improvement Fund $ 1,203,737 City of Maplewood Street Assessments $ 686,013 City of Maplewood Storm Assessments $ 74,250 City of Maplewood Sanitary Sewer Utility Fund $ 94,000 City of Maplewood M.S.A. — Bonds $ 434,500 City of Maplewood WAC Funds for St. Paul $ 45,300 City of Maplewood Environmental Utility Fund $ 152,000 City of North St. Paul Street Assessments $ 129,868 City of North St. Paul Funds $ 342,632 SPRWS Funds $ 621,700 Ramsey County Funds $ 56,000 Maplewood Driveway Replacement Program $ 30,000 Total $ 3,870,000 June 22, 2009 16 City Council Meeting Minutes 4. A public hearing shall be held on such proposed improvement on the 13th day of July, 2009 in the Council Chambers of City Hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Juenemann. The motion passed. L. NEW BUSINESS Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie On -Sale Intoxicating Liquor License — Approve TGI Friday's New Manager, John Mark Dorow (moved and heard out of order) 2. On -Sale Intoxicating Liquor License — Approve Champps New Manager, Richard Milton Authier (moved and heard out of order) 3. Consider Authorization To Enter Into An Agreement With The Minnesota DNR For The Installation Of A Fishing Pier On Wakefield Lake a. Community Development and Parks Director, DuWayne Konewko gave the presentation and answered questions of the council. b. Assistant City Manager, Public Works Director, answered questions of the council. Mayor Longrie asked if anyone wanted to address the council regarding this item. Councilmember Nephew moved to approve entering into the agreement with the DNR for the installation of a fishing pier on Wakefield Lake. RESOLUTION 09-06-212 AUTHORIZING ENTERING INTO WAKEFIELD LAKE PIER AGREEMENT WHEREAS, the DNR has provided the City of Maplewood with a grant opportunity to install a fishing pier on Wakefield Lake; WHEREAS, installation of said pier would greatly enhance fishing opportunities on Wakefield Lake; WHEREAS, the funding of this project is available through PAC funds, Now, Therefore, Be it Resolved, that the Maplewood City Council hereby authorizes the Mayor and City Manager to enter into the agreement with the DNR for the installation of the Wakefield Lake fishing pier. Adopted this 22nd day of June, 2009 Mayor Seconded by Councilmember Juenemann. City Clerk June 22, 2009 City Council Meeting Minutes Ayes —Mayor Longrie, Councilmembers Juenemann & Nephew 17 Nays — Councilmembers Hjelle & Rossbach The motion passed. 4. Adopt a Resolution Authorizing Submission Of A Request For State Bonding Funds For the Design And Construction Of A Regional Fire Training Facility a. Maplewood Fire Chief, Steve Lukin gave the presentation and answered questions of the council. Councilmember Hjelle moved to approve resolution #1 Authorizing Submission of Request for State Bonding Funds for the Design and Construction of a Regional Fire Training Facility. Mayor Longrie asked if anyone wanted to speak to come forward. Ron Cockriel, 943 Century Avenue, Maplewood addressed the council. RESOLUTION 09-06-213 CITY OF MAPLEWOOD RESOLUTION # 1 AUTHORIZING SUBMISSION OF REQUEST FOR STATE BONDING FUNDS FOR THE DESGIN AND CONSTRUCTION OF A REGIONAL FIREFIGHTER TRAINING FACILITY WHEREAS, the Minnesota State Legislature is accepting allocations for Capital Bonding Requests, for the 2010 Legislative Session; and WHEREAS, the City of Maplewood has deemed the design and construction of a regional Firefighter Training Facility a high priority project; and WHEREAS, the City of Maplewood is in need of Capital Bond funding to provide gap financing to supplement local and other funding for the design and construction of a regional Firefighter Training Facility; and NOW, THEREFORE BE IT RESOLVED, that the Maplewood City Council authorizes the submission of a request to the Minnesota State Legislature for 2010 bonding funds for the design and construction of a regional Firefighter Training Facility in the amount of 50% of the construction costs, or $3,000,000. Date Adopted: June 22, 2009 Maplewood City Council Diana Longrie, Mayor ATTEST: Karen Guilfoile, City Clerk Seconded by Councilmember Nephew. Ayes — All June 22, 2009 18 City Council Meeting Minutes M. The motion passed 5. Reduction of Council Wages and Rollback of 2008 COLA Increase — Councilmember Hjelle. Councilmember Hjelle moved to permanently reduce Council pay by 50% and eliminate the 2008 Cost of Living Increase. The motion failed for lack of a second. 6. Repeal of Maplewood City Ordinance Section 2-38 — Councilmember Hjelle Councilmember Rossbach moved to not take the COLA increase in 2010. Seconded by Councilmember Nephew. Ayes — All The motion passed. 7. Reduction of 2009 city Budget To Reflect Loss of Revenue — Councilmember Hjelle (REMOVED BY COUNCILMEMBER HJELLE) Councilmember Hielle moved to extend the curfew to complete the agenda. Seconded by Councilmember Nephew. The motion passed. Ayes — Councilmember Hjelle, Nephew & Rossbach Nays — Mayor Longrie Councilmember Juenemann 8. City Manager Performance Review — Councilmember Hjelle Councilmember Hjelle moved to approve the city council will conduct a performance review of the City Manager on September 17, 2009, at 5:30 p.m. Seconded by Councilmember Rossbach. Ayes —All The motion passed. The Council had a discussion regarding having a City Manager performance review to discuss a goals workshop to be scheduled for August 3, 2009. CONSENT AGENDA Councilmember Hjelle moved to approve item 3. Seconded by Councilmember Nephew. Ayes — All June 22, 2009 City Council Meeting Minutes 19 The motion passed. 2. Councilmember Nephew moved to approve item 1. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. Mayor Longrie moved to approve item 2. Seconded by Councilmember Juenemann. The motion passed. 1. Approval of Claims Ayes — All Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 122,597.81 Checks # 78556 thru # 78629 $ 354,550.84 Disbursements via debits to checking account Dated 06/01/09 thru 06/05/09 $ 411,211.73 Checks # 78630 thru # 78681 Dated 06/16/09 $ 152,784.55 Disbursements via debits to checking account dated 06/05/09 thru 06/12/09 $ 1,041,144.93 Total Accounts Payable PAYROLL $ 499,038.09 Payroll Checks and Direct Deposits dated 06/12/09 $ 2,385.25 Payroll Deduction check #1007296 thru #1007297 dated 06/12/09 $ 501,423.34 Total Payroll $ 1,542,568.27 GRAND TOTAL Seconded by Councilmember Juenemann. Ayes — All The motion passed. 2. Approval of 2009 Justice Assistance Grant (JAG) Mayor Longrie moved to approve the Police Department enter into this Interlocal Agreement and accept $18,098 under the 2009 Byrne Justice Assistance Grant. June 22, 2009 20 City Council Meeting Minutes Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. Approve Contract — Event 360 Race For The Cure — Use of Harvest Park Councilmember Hjelle moved to approve the Event 360 Race for the Cure Contract. Seconded by Councilmember Nephew. Ayes — All The motion passed. N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS — PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:52 p.m. June 22, 2009 21 City Council Meeting Minutes �+a...;- I '� •� .. -- _ T U-jim i6 --IL Ju '�I `.,..-ICY cel .-. -,,- ^ .. ti- t j�l h 1.:": It•- n .._ _ - !07— f s' wl ow I i _. _•� "• :t ItF' R -� iL n Tf F ' ,�• r"7-�,,, _..moi= i — _ _ _ I AV r I.. t � f VKI wow �_ _ I u.7 " � y% 1� �,� 5^ _ 1 � . , t ... — - -_ '�?�� •ice 5 I I — rr s 7o, F m w r' ■ _ —_—_T17", "` , e4 INE ? _ f We. the undersigned, petition the Maplewood City Council to make an adjustment to the practice o having the five members of the council write articles for the city newsletter, the Maplewood Monthly. Currently, council members take turns writing articles whose content has varied from issues of public concern to personal views about their own actions or about council activities. In some instances, especially in an election year, such comments can give the appearance of use of the Maplewood Monthly for personal and political advantage. The taxpayers of Maplewood pay for the publication of the Maplewood Monthly; it is a violation of their trust if and when that publication is used for one individual's political campaign. In addition, such a practice gives the five council members an unfair advantage over any other candidates for city office. Those other candidates do not have a citywide, taxpayer -paid medium for publicizing their individual campaigns. We ask specifically: 1) That the city council require that all council members who are or will be candidates for city office in a given election year not be allowed to publish any articles, statements, or advertisements the Maplewood Monthly for the duration of the campaign season, i.e., from the opening of filing for office in July through election day in November. 2) That the city council require that all council members who are not candidates for office refrain from using the Maplewood Monthly to campaign for anyone who is a candidate for office. t �.L Lam( �C��•--� `�� i L / �. � ��/ � � �f/ 2_ ._i Cwkl`.�i,/I� - -:? l_.' � eQ-!'r, u-�2tiion &f %71 We. the undersigned, petition the Maplewood City Council to make an adjustment to the practice having the five members of the council write articles for the city newsletter, the Maplewood Monthly. Currently, council members take turns writing articles whose content has varied from issues of public concern to personal views about their own actions or about council activities. In some instances, especially in an election year, such comments can give the appearance of use of the Maplewood Monthly for personal and political advantage. The taxpayers of Maplewood pay for the publication of the Maplewood Monthly; it is a violation of their trust if and when that publication is used for one individual's political campaign. In addition, such a practice gives the five council members an unfair advantage over any other candidates for city office. Those other candidates do not have a citywide, taxpayer -paid medium for publicizing their individual campaigns. We ask specifically: 1) That the city council require that all council members who are or will be candidates for city office in a given election year not be allowed to publish any articles, statements, or advertisements f - the Maplewood Monthly for the duration of the campaign season, i.e., from the opening of filing for office in July through election day in November. 2) That the city council require that all council members who are not candidates for office refrain from using the Maplewood Monthly to campaign for anyone who is a candidate for office. 0-�, Fir :Wwjr j d - - � " ® 9� � F '7:14 KAI, jo F,�t e If W7V PF yyyy a E II � Itl Ott 9�. t; mi—z—A 1 �_ 4 - A P.T. P, R -C, I a' — - �; We. the undersigned, petition the Maplewood City Council to make an adjustment to the practice off' having the five members of the council write articles for the city newsletter, the Maplewood Monthly. Currently, council members take turns writing articles whose content has varied from issues of public concern to personal views about their own actions or about council activities. In some instances, especially in an election year, such comments can give the appearance of use of the Maplewood Monthly for personal and political advantage. The taxpayers of Maplewood pay for the publication of the Maplewood Monthly; it is a violation of their trust if and when that publication is used for one individual's political campaign. In addition, such a practice gives the five council members an unfair advantage over any other candidates for city office. Those other candidates do not have a citywide, taxpayer -paid medium for publicizing their individual campaigns. We ask specifically: 1) That the city council require that all council members who are or will be candidates for city office in a given election year not be allowed to publish any articles, statements, or advertisements s� the Maplewood Monthly for the duration of the campaign season, i.e., from the opening of filing for office in July through election day in November. 2) That the city council require that all council members who are not candidates for office refrain from using the Maplewood Monthly to campaign for anyone who is a candidate for office. NAME (PRIA17 + -=-e-� MAPLEWOOD RESIDENCE In .� ,.� �- � _ �� .,. ., r ,� �� � � J _ - 1 119