HomeMy WebLinkAbout12-15-2008 Continuation of Meeting 12-8-08A.
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MINUTES
MAPLEWOOD CITY COUNCIL
SPECIAL MEETING
PUBLIC HEARING AND A CONTINUATION FROM THE
December 8, 2008, Council Meeting
7:00 p.m., Monday, December 15, 2008
Council Chambers, City Hall
Meeting No. 34-08
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:00 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
Mayor Longrie moved to approve the agenda as submitted.
Seconded by Councilmember Nephew.
PUBLIC HEARINGS
Ayes — All
1. White Bear Avenue Improvements, City Project 08-13
a. Acting Public Works Director, Michael Thompson addressed and answered questions of
the council as well as gave the presentation.
b. Jon Horn, Kimley-Horn and Associates, Inc., 2550 University Avenue West, Suite 345N,
St. Paul, addressed and answered questions of the council.
C. Jerry Auge, PE, Project Manager, Ramsey County Public Works, 1425 Paul Kirkwold
Drive, Arden Hills, addressed and answered questions of the council.
d. Acting City Manager, Public Works Director, Chuck AN addressed and answered
questions of the council.
Mayor Longrie opened the public hearing
1. Mark Bradley, 2164 Woodlyn Avenue, Maplewood addressed the council.
2. Daniel Turnquist, 7002 - 6th Street North, Oakdale, CFO, Crown Inc. representing
Wendy's Restaurant at White Bear Avenue and County Road D addressed the council.
3. Luis Barracai, 2839 White Bear Avenue, business owner in Maplewood addressed the
council.
Mayor Longrie closed the public hearing.
Councilmember Nephew moved to approve the Joint Project with Ramsey County.
December 15, 2008, A Continuation of December 8, 2008
City Council Meeting Minutes
Seconded by Councilmember Rossbach. Ayes - All
Councilmember Rossbach moved to approve the Resolution Ordering the Improvement after
Public Hearing of City Project 08-13 (White Bear Avenue Improvements).
RESOLUTION 08-12-187
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 24th day of November, 2008, fixed
a date for a council hearing on the proposed street improvements for the White Bear Avenue
Improvements, City Project 08-13.
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing
was given, and the hearing was duly held on December 15, 2008, and the council has heard all
persons desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report,
that the City of Maplewood make improvements to White Bear Avenue Improvements, City
Project 08-13.
2. Such improvement is hereby ordered as proposed in the council resolution
adopted the 15th day of December 2008.
3. The city's consultant, Kimley-Horn and Associates, Inc., is the designated engineer
for this improvement and is hereby directed to prepare final plans and specifications for the
making of said improvement.
4. The finance director is hereby authorized to make the financial transfers necessary
to implement the financing plan for the project. A project budget for Maplewood's share of the
$16,711,000 shall be established as follows:
Financing Source Amount
MSA Bonds $ 1,131,525
Special Assessments $ 1,738,475
WAC Funds $ 355,000
Sanitary Sewer Utility $ 149,000
Total $ 3,374,000
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
CONTINUATION OF THE DECEMBER 8, 2008, AGENDA ITEMS
F. NEW BUSINESS
1. Review and Consider Approval for Extension of City Attorney Contracts
a. Alan Kantrud for Prosecution and General Services
b. Chuck Bethel for Labor Attorney
i. Acting City Manager, Public Works Director, Chuck Ahl addressed and
answered questions of the council as well as gave the report.
December 15, 2008, A Continuation of December 8, 2008 2
City Council Meeting Minutes
Councilmember Rossbach moved to adopt a motion extending the contracts for legal services
with Alan Kantrud and Labor Relations Attorney services with Chuck Bethel through December
31, 2009 at the rates indicated within the proposed agreements and authorize the Acting City
Manager to execute said agreements.
City of Maplewood Contract for Attorney Services
This AGREEMENT entered into this 1St day of October, 2008, (the "Effective Date") by and between the
City of Maplewood, Minnesota (hereinafter referred to as "City") and H. Alan Kantrud (hereinafter referred
to as "Kantrud" or "Attorney").
WHEREAS, in 2006 the City originally put forth a Request for Proposals ("RFP") to contract out its legal
services for 2 years and in response to that RFP retained Attorney as its City Attorney and Prosecutor on
or about September 11, 2006; and
WHEREAS, the City has continuously contracted with Kantrud as its City Attorney and Prosecutor since
October 1, 2006 at a current rate of $16,500.00 monthly; and
WHEREAS, the City has found Attorney's performance as City Attorney to be competent and
professional and has continued to retain his services; and
WHEREAS, the City's original term of two years as set forth in the RFP has now expired; and
WHEREAS, the City is now in the process of seeking to retain a new City Manager who is expected to
start sometime in 2009; and
WHEREAS, the City believes it is in the best interests of the City to maintain consistency in its legal
representation throughout the process of selecting and retaining a new City Manager; and
WHEREAS, the City also believes it is in the best interests of the City that the new City Manager have
sufficient time to work with the City Attorney in 2009 to determine whether he or she believes that the
current City Attorney is a good fit, but not be obligated beyond 2009; and
WHEREAS, the City now desires to enter into a contract for the services of Attorney as City Attorney to
assure his continued performance of that position through 2009; and
WHEREAS, Attorney is agreeable to entering into a contract with the City pursuant to the understated
proposed terms and conditions
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as
follows:
Section 1. Duties
The City hereby agrees to retain Attorney as City Attorney and Prosecutor to perform the functions and
duties of City Attorney and Prosecutor and such other legally permissible and proper functions and duties
as the Acting City Manager, City Manager and City Council from time to time shall assign. Said duties
shall be consistent with and guided by the course -of -conduct established through the previous period of
representation and the parties hereto agree that the established duties thereof are mutually satisfactory.
Section 2. Term
It is agreed the start date will be October 1, 2008 through December 31, 2009.
Section 3. Salary
The City agrees to pay Attorney for his services rendered pursuant hereto at the same monthly rate of
$16,500.00 per month that is currently paid payable to attorney in the same manner as it is currently paid
December 15, 2008, A Continuation of December 8, 2008 3
City Council Meeting Minutes
- in monthly installments of $16,500.00. The City shall provide a small workspace for Attorney's assistant
to enhance the efficiency of the interaction and reduce costs to the City for CSO and vehicle time. The
City shall provide Attorney membership at the MCC at no charge, for each month or partial month that
Attorney performs services hereunder.
General Provisions
A. The text herein shall constitute the entire Agreement between the parties hereto.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of
Attorney.
C. If any provision or portion thereof contained in this Agreement shall be held unconstitutional, invalid or
unenforceable, it shall be deemed severable and the remainder of this Agreement shall not be affected
and shall remain in fill force and effect.
D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to
terminate the services of Attorney at any time, because of malfeasance, nonfeasance or gross
misconduct.
IN WITNESS WHEREOF, the parties here to have signed and executed this Agreement, both in
duplicate, effective on the day and year first above written.
CITY OF MAPLEWOOD ATTORNEY
Date:
Date:
Date:
City of Maplewood Contract for Attorney Services
This AGREEMENT entered into this 1St day of October, 2008, (the "Effective Date") by and between the
City of Maplewood, Minnesota (hereinafter referred to as "City") and Charles E. Bethel (hereinafter
referred to as "Bethel" or "Attorney").
WHEREAS, in 2006 the City originally put forth a Request for Proposals ("RFP") to contract out its legal
services for 2 years and in response to that RFP retained Attorney as its City Attorney for Employment
and Labor Relations on or about September 11, 2006; and
WHEREAS, the City has continuously contracted with Bethel as its City Attorney for Labor Relations
since October 1, 2006 at a current rate of $79,200.00 annually or $6,600.00 monthly; and
WHEREAS, the City has found Attorney's performance as City Attorney to be competent and
professional and has continued to retain his services; and
December 15, 2008, A Continuation of December 8, 2008 4
City Council Meeting Minutes
WHEREAS, the City's original term of two years as set forth in the RFP has now expired; and
WHEREAS, the City is now in the process of seeking to retain a new City Manager who is expected to
start sometime in 2009; and
WHEREAS, the City believes it is in the best interests of the City to maintain consistency in its legal
representation throughout the process of selecting and retaining a new City Manager; and
WHEREAS, the City also believes it is in the best interests of the City that the new City Manager have
sufficient time to work with the City Attorney in 2009 to determine whether he or she believes that the
current City Attorney is a good fit, but not be obligated beyond 2009; and
WHEREAS, the City now desires to enter into a contract for the services of Attorney as City Attorney to
assure his continued performance of that position through 2009; and
WHEREAS, Attorney is agreeable to entering into a contract with the City pursuant to the understated
proposed terms and conditions
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as
follows:
Section 1. Duties
The City hereby agrees to retain Attorney as City Attorney for Employment and Labor Relations to
perform the functions and duties of City Attorney with regard to Employment and Labor Relations and
such other legally permissible and proper functions and duties as the Acting City Manager, City Manager
and City Council from time to time shall assign. Said duties shall be consistent with and guided by the
course -of -conduct established through the previous period of representation and the parties hereto agree
that the established duties thereof are mutually satisfactory.
Section 2. Term
It is agreed the start date will be October 1, 2008 through December 31, 2009.
Section 3. Salary
The City agrees to pay Attorney for his services rendered pursuant hereto at the same monthly rate of
$6,600.00 per month that is currently paid, in total a 15 month retainer of $99,000.00, payable in the
same manner as it is currently paid - in monthly installments of $6,600.00. The City shall provide Attorney
membership at the MCC at no charge, for each month or partial month that Attorney performs services
hereunder.
General Provisions
A. The text herein shall constitute the entire Agreement between the parties hereto
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of
Attorney.
C. If any provision or portion thereof contained in this Agreement shall be held unconstitutional, invalid or
unenforceable, it shall be deemed severable and the remainder of this Agreement shall not be affected
and shall remain in fill force and effect.
D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to
terminate the services of Attorney at any time, because of malfeasance, nonfeasance or gross
misconduct.
IN WITNESS WHEREOF, the parties here to have signed and executed this Agreement, both in
duplicate, effective on the day and year first above written.
December 15, 2008, A Continuation of December 8, 2008 5
City Council Meeting Minutes
CITY OF MAPLEWOOD ATTORNEY
Date:
Date:
Date:
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
2. Consider Canceling Regular Meeting Scheduled for December 22, 2008.
a. Acting City Manager, Public Works Director, Chuck Ahl gave the report.
Councilmember Nephew moved to approve canceling the Regular Scheduled Council Meeting for
December 22, 2008.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
3. Consider Adoption of the 2009 Building Inspections and Community Development
Fee Schedules.
a. Finance Director, Bob Mittet gave the report.
Councilmember Rossbach said he would like the city to do a study that helps determine whether
or not it is appropriate to be basing the building permit fees on evaluation before approving fees
for the next year and he would like to add this to the staff recommendation.
Councilmember Rossbach moved to approve setting the 2009 Building Permit Fees and the 2009
Community Development Service Charges. Furthermore, before the city approves the fees
again the city should do a study to help determine whether or not it is appropriate to be
basing the building permit fees on evaluation.
RESOLUTION 08-12-184
COMMUNITY DEVELOPMENT FEES
WHEREAS, the Maplewood City Council has performed their annual evaluation of the fees
charged by the city for building permits, planning reviews and restaurant inspections;
WHEREAS, the Maplewood City Council hereby sets the following fees listed in the table entitled
Table A-1 Building Permit Fees;
WHEREAS, the Maplewood City Council hereby sets the Community Development Service
Charges for planning and health related fees as outlined on the fee chart entitled 2009
Community Development Service Charges;
December 15, 2008, A Continuation of December 8, 2008 6
City Council Meeting Minutes
NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood adopt the above mentioned
2009 fee amounts.
Maplewood City council passed this resolution on December 15, 2008.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
4. Consider Establishing Citizen's Task Force in 2009 for Budget and Tax Levy Input
a. Councilmember Hjelle addressed the council.
5. Approval of Claims
Councilmember Hjelle moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 614,695.24 Checks # 77028 thru # 77095
$ 284,093.55 Disbursements via debits to checking account
Dated 11/14/08 thru 11/21/08
$ 394,489.59 Checks # 77096 thru # 77137
Dated 12/2/08
$ 155,683.58 Disbursements via debits to checking account
dated 11/20/08 thru 11/28/08
$ 1,448,961.96 Total Accounts Payable
PAYROLL
$ 472,404.18 Payroll Checks and Direct Deposits dated 11/28/08
$ 3,350.17 Payroll Deduction check #1006489 thru #1006490
dated 11/28/08
$ 475,754.35 Total Payroll
$ 1,924,716.31 GRAND TOTAL
Seconded by Councilmember Rossbach.
The motion passed.
G. CONSENT AGENDA
Ayes — Mayor Longrie,
Councilmember Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
1. Councilmember Juenemann moved to approve item 1.
December 15, 2008, A Continuation of December 8, 2008
City Council Meeting Minutes
7
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
2. Councilmember Juenemann moved to approve item 2.
Seconded by Mayor Longrie. Ayes — All
The motion passed.
3. Councilmember Nephew moved to approve items 3 & 4.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
1. Consideration of Currency Exchange License Renewal — Cashway Checking — 2025 White
Bear Avenue.
a. City Clerk, Director Citizen Services, Karen Guilfoile answered questions of the council.
Councilmember Juenemann moved to approve the Currency Exchange License Renewal for
Cashway Checking at 2025 White Bear Avenue.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — Al I
2. Results from the Fall Clean Up — (No Council Action Required).
a. Acting City Manager, Public Works Director, Chuck Ahl gave a brief report.
Councilmember Juenemann moved to approve the Fall Clean Up Results.
Seconded by Hjelle.
The motion passed.
Ayes — Al I
3. CarMax/Mogren Addition Improvements, City Project 06-17, Consider Approval of
Resolution Reducing Retainage on Existing Construction Contract and Adjusting the
Budget to Reflect Maplewood Toyota Contribution.
Councilmember Nephew moved to approve Resolution Reducing Retainage on Existing
Construction Contract and Adjusting the Budget to Reflect Maplewood Toyota Contribution.
RESOLUTION 08-12-185
DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT
AND ADJUSTING OF THE BUDGET
PROJECT 06-17
WHEREAS, the City Council of Maplewood, Minnesota has previously ordered
Improvement Project 06-17, CarMax/Mogren Addition Improvements, and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the contractor, Frattalone Companies has requested a reduction in contract
retainage,
December 15, 2008, A Continuation of December 8, 2008 8
City Council Meeting Minutes
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the retainage within the construction contract is hereby authorized to be
reduced, at the discretion of the city engineer, from 5% to 0%, and
FURTHERMORE, the finance director is hereby directed to adjust the budget to reflect an
additional contribution from Maplewood Toyota in the amount of $20,341.02. The revised project
budget is $4,453,841.02.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — All
4. Hazelwood Street Improvements, City Project 07-25, Consider Approval of Resolution
Reducing Retainage on Existing Construction Contract.
Councilmember Nephew moved to approve the Resolution Reducing Retainage on Existing
Construction Contract for the Hazelwood Street Improvements, City Project 07-25.
RESOLUTION 08-12-186
DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT
PROJECT 07-25
WHEREAS, the City Council of Maplewood, Minnesota has previously ordered
Improvement Project 07-25, Hazelwood Street Improvements, and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the contractor, Tower Asphalt has requested a reduction in contract
retainage,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the retainage within the construction contract is hereby authorized to be
reduced, at the discretion of the city engineer, from 5% to 1 %.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — Al I
5. Consider Approval of Purchase of Single Axle Plow Truck.
Councilmember Hjelle moved to approve entering into a contract with Boyer Ford, Inc., under
State contract #439006 for the purchase of a Single Axle Plow Truck, 2009 Sterling L-8500 truck
chassis for $70.801.68 and dispose of the 1994 Ford truck throuah trade-in or at state auction.
Seconded by Councilmember Juenemann.
The motion passed.
Ayes —Councilmember Hjelle,
Juenemann, Nephew
& Rossbach
Nay — Mayor Longrie
December 15, 2008, A Continuation of December 8, 2008 9
City Council Meeting Minutes
6. Maplewood Community Center Improvements
a. Consider Contract for Painting of Conference Rooms and Hall
b. Consider Contract for Replacing Exterior Door
i. Chief Building Engineer, Larry Farr, gave the report and answered questions of the
council.
Councilmember Hjelle moved to approve the contract for painting of conference rooms and hall at
the MCC.
Seconded by Councilmember Juenemann.
The motion passed.
Ayes — Councilmember Hjelle,
Juenemann, Nephew &
Rossbach
Nay — Mayor Longrie
Councilmember Hjelle moved to approve the contract to replace the Exterior Door at the MCC.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
7. Consider Approval of Retirement Health Savings Plan for Non -Union Employees
a. Acting City Manager, Public Works Director, Chuck Ahl gave a brief report.
Councilmember Juenemann moved to approve the Retirement Health Savings Plan for Non -
Union Employees.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
H. AWARD OF BIDS
a. Award of Bid for Rubbish Hauling Contract for City Facilities.
i. Chief Building Engineer, Larry Farr, addressed and answered questions of the
council and gave the report.
ii. Acting City Manager, Public Works Director, Chuck Ahl addressed the council.
Councilmember Nephew moved to approve the Award of Bid to Waste Management of Minnesota
for the five year contract, and the distribution of expenses will be monitored by Building
Operations and approved by the appropriate department with the correct general ledger number.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
I. ADJOURNMENT
Mayor Longrie adjourned the meeting at 9:03 p.m.
December 15, 2008, A Continuation of December 8, 2008 10
City Council Meeting Minutes
in
For The Permanent Record
Meeting Date: fol — /5 b
Agenda Item #: �.
OLD FASHIONED
December 11, 2008 HAMBURGERS.
Ms. Diana Longrie
Mayor
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
RE: White Bear Avenue Project
Dear Mayor Longrie:
Enclosed you will find a copy of a letter sent to you dated August 24, 2007 from the local
Wendy's franchisees Mike Givens and Dan Opitz for your review. At this time they would like
to reiterate their stance in regards to the White Bear Avenue project and effected Wendy's
location. Please take their letter into consideration at the City Council Meeting on Monday
December 15, 2008.
Thank you,
Jerad Ducklow
Director of Real Estate
FOURCROWN, INC. / 7002 6TH STREET N., OAKDALE, MN 55128 / 651-714-0030 / FAX: 651-714-0040
OLD
August 24, 2007
Ms. Diana Longrie
Mayor
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
RE: White Bear Avenue Project
Dear Mayor Longrie:
We are the local owner -franchisee for the Wendy's Old Fashioned Hamburger
Restaurant located at 1975 E. County Road D in Maplewood. At the current time, we
are the franchisee and operator of 58 other Wendy's restaurants in the States of MN and
WI.
Our Wendy's restaurant in Maplewood is one of our highest volume and most profitable
restaurants within our group. We have operated this restaurant at this site since 1991.
Early in 2007, we made significant improvements to the store including, among others, a
new roof, complete remodel of the dining room, complete renovation of the restrooms
and installation of electronic menu boards. This investment was made in order to
continue the revenue and transaction growth we have seen over the past several years.
This restaurant is truly one of our very best operated stores and as a consequence, one
of our most valuable properties.
We are writing this letter in strong opposition to the proposed reconstruction of
White Bear Avenue. While we understand that the current design is preliminary in
nature and subject to refinement, the proposed project will have a significant adverse
impact on our property and our ability to operate a continuing business.
The project, as proposed, will greatly limit access into our property, take a significant
number of needed parking stalls, and greatly reduce the use of our outside pick-up
window. In fact, we believe that these issues will require us to relocate the store or just
simply to close if a satisfactory property is not found. Today, we have a highly visible
piece of property in a prime location — features that we believe cannot be replaced
regardless of new location.
We strongly urge the Mayor and City Council to reject this proposal and to instruct the
City Engineer and other parties to look for alternative ways to accomplish the City's
overall objectives.
Sincerely,
Iv4c—
Michael J. Givens Daniel J. Opitz
President Vice President
FOURCROWN, INC. / 7002 6TH STREET N., OAKDALE, MN 55128 / 651-714-0030 / FAX: 651-714-0040