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Home My WebLink About11-24-2008A. A A FBI E MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, November 24, 2008 Council Chambers, City Hall Meeting No. 33-08 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30 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 Staff and councilmembers requested that the following items be added to the agenda: K1. Amended Report from Mr. Kantrud Mr. Ahl — Mr. AN L7. Amended Report for Ambulance Rates from Mr. Mittet — Mr. AN H1. LMC Regional Meeting — Councilmember Nephew H2. Wood Smoke — Councilmember Juenemann H3. Municipal Legislative Commission Meeting — Mayor Longrie H4. Update on Roselawn Traffic Study — Mayor Longrie H5. Chuck Wiger Update — Mayor Longrie H6. National League Of Conference Update — Mayor Longrie H7. City Manager Search Process Update — Mayor Longrie Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Hjelle. Ayes — All The motion passed. APPROVAL OF MINUTES Councilmember Juenemann moved to approve the November 10, 2008 Special Council Meeting Minutes as submitted. Seconded by Councilmember Hjelle. The motion passed. November 24, 2008 City Council Meeting Minutes Ayes — Councilmembers Hjelle, Juenemann & Rossbach Abstentions — Mayor Longrie, Councilmember Nephew Mayor Longrie requested that the bolding be removed on page 2 in the paragraph from Councilmember Juenemann to be consistent with the rest of the minutes. Councilmember Hjelle moved to approve the November 10, 2008, City Council Meeting Minutes as amended Seconded by Mayor Longrie. The motion passed. F. VISITOR PRESENTATIONS — PART I Ayes — Councilmembers Hjelle, Nephew & Rossbach Abstentions — Mayor Longrie, Councilmember Juenemann Elizabeth Sletten, 2747 Clarence Street North, Maplewood, addressed the council. Ms. Sletten had inquired if Mayor Longrie had received the legal documents regarding the Markham Retaining Pond dating back to the 1970's that Mayor Longrie had requested. Ms. Sletten said she had received the documents and was willing to share the information with Mayor Longrie that she had received. Ms. Sletten read part of the document aloud. 2. Bob Zick, 2515 White Bear Avenue, Maplewood addressed the council. Mr. Zick spoke of four issues at hand. The City Manager Hiring Process, Alternative Renewable Energy Sources, Joint Power Agreement and Salvaged Commercial Businesses in Maplewood. 3. Yin Thong, Owner of Bambu Restaurant, 1715 Beam Avenue, Maplewood addressed the council. She spoke regarding the lack of signage on the strip mall where her restaurant is located at 1715 Beam Avenue. There are a limited number of signs that can be posted due to the city sign ordinance. She said staff at the city told her that she had to apply for a sign variance which is expensive. Ms. Thong asked if the council could waive the fee to apply for the sign variance being that she is a small business owner in Maplewood and because of economic times. It makes it very difficult for customers to see her business on Beam Avenue in the strip mall and if she had a better sign posted on the street it would help draw customers to her business easier. 4. Nancy Lazaryan, 2516 Linwood Avenue, Maplewood addressed the council. Ms. Lazaryan filed an informal briefing regarding Chad Lemons and the property at Applewood Park. Ms. Lazaryan gave her copy to Mayor Longrie and the council so they would understand what she was referring to. 5. Peter Fischer, 2443 Standridge Avenue, Maplewood addressed the council. He spoke regarding comments that were made in the Mayor's article in the Maplewood News in September regarding the Parks meeting. 6. David Schilling, 1955 Greenbrier Street, Maplewood addressed the council. He spoke regarding the cost of running a city and the budget. He discussed tax statement and the increased taxes for Ramsey County, the City of Maplewood and problems with the economy. November 24, 2008 2 City Council Meeting Minutes (Due to time constraints items G. Administrative Presentations and item H. Council Presentations were moved to the end of the council meeting.) G. ADMINISTRATIVE PRESENTATIONS 2009 Budget — Information Requested by City Council on Budget Reduction Options H. COUNCIL PRESENTATIONS 1. LMC Regional Meeting — Councilmember Nephew 2. Wood Smoke — Councilmember Juenemann 3. MLC Meeting — Mayor Longrie 4. Update on Roselawn Traffic Study — Mayor Longrie 5. Chuck Wiger Update — Mayor Longrie 6. NLOC Conference Update — Mayor Longrie 7. City Manager Search Process — Mayor Longrie APPOINTMENTS AND PRESENTATIONS None. J. PUBLIC HEARINGS None. K. UNFINISHED BUSINESS Consideration of an On -Sale Intoxicating Liquor License — Mai Lee Yang, New License and Manager for Stargate Night Club. a. City Attorney, Alan Kantrud addressed and answered questions of the council as well as gave the report. b. Maplewood Police Chief, Dave Thomalla answered questions of the council. C. City Clerk, Director Citizen Services, Karen Guilfoile addressed and answered questions of the council. i. Mai Lee Yang, Applicant, residing in Lakeland, addressed and answered questions of the council. ii. Joseph Dudley, Attorney St. Paul, addressed and answered questions of the council. iii. Bill Sheehan, General Counsel representing the property owner of the strip mall at 1700 Rice Street addressed and answered questions of the council. Councilmember Nephew moved to approve the On -Sale Intoxicating Liquor License for Mai Lee Yana for the Staraate Niaht Club. 1700 Rice Street. Maplewood and the plan that was discussed at the council meeting with the applicant and her lawyer. Furthermore directing Chief Thomalla to meet with the applicant on a monthly basis and staff shall report back with an administrative presentation to the council at 60 days from the purchase date and at 6 months regarding the transition. Seconded by Councilmember Hjelle. Ayes — Mayor Longrie, Councilmember Hjelle, Juenemann & Nephew The motion passed. Nay — Councilmember Rossbach November 24, 2008 3 City Council Meeting Minutes Councilmember Juenemann moved to direct staff to look into revising the Liquor License ordinance to include language regarding three strikes and a possible revocation of a license. Seconded by Councilmember Hjelle. Ayes - All The motion passed. L. NEW BUSINESS Utility Easement Vacation by Lisa and Todd Thorns, 760 Sterling Street (4/5ths Vote Required to Approve). a. Senior Planner, Tom Ekstrand gave the presentation and answered questions of the council. b. Tushar Desai, Planning Commissioner addressed the council and gave the planning commission report. Councilmember Rossbach moved to approve the Utility Easement Vacation by Lisa and Todd Thorns, 760 Sterling Street. EASEMENT VACATION RESOLUTION 08-11-169 WHEREAS, Mr. and Ms. Thorns, of 760 Sterling Street, applied for the vacation of a drainage and utility easement on their property. This easement is described as follows: The north 5 feet of Lot 7, Block 1 AMBER HILLS 5T" ADDITION, Ramsey County, Minnesota WHEREAS, on November 6, 2008, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on November 24, 2008, the city council reviewed this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city passed this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described vacation because: 1. The easement would serve no public purpose after the applicants purchase 20 feet of property from the neighbor to the north (2480 Linwood Avenue). 2. The city has administratively approved the lot division for the owner of 2480 Linwood Avenue to sell their southerly 20 feet of property to the applicants. This vacation is conditioned upon the following: 1. The city not recording the resolution to vacate the easement until the owner of the neighboring property to the north, 2480 Linwood Avenue has taken the new deeds for their lot split to Ramsey County for recording. November 24, 2008 4 City Council Meeting Minutes 2. The applicants dedicating a new five -foot -wide drainage and utility easement along the north five feet of their future lot line. This has also been required as part of the lot division approval for 2480 Linwood Avenue. The Maplewood City Council passed this resolution on November 24, 2008. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 2. T -Mobile Cell Phone Tower Proposal, 2220 Edgerton Street, Conditional Use Permit. a. Senior Planner, Tom Ekstrand gave the report and answered questions of the council. Councilmember Hjelle moved to approve the conditional use permit revision for the proposed 75 - foot tall telecommunications monopole and ground equipment. Approval of the conditional use permit revision is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): Seconded by Councilmember Rossbach. Councilmember Hjelle withdrew his motion because the applicant had not had an opportunity to address the council yet. Tusar Desai, Planning Commissioner addressed and the council and gave the planning commission report. Mayor Longrie asked the applicant to address the council. Paul Harrington, T -Mobile, 8000 West 78th Street, Suite 400, Minneapolis, addressed and answered questions of the council. Councilmember Nephew moved to approve the conditional use permit revision resolution for the proposed 75 -foot tall telecommunications monopole and ground equipment. Approval of the conditional use permit revision resolution is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): CONDITIONAL USE PERMIT REVISION RESOLUTION 08-11-170 WHEREAS, Paul Harrington of T -Mobile applied for a conditional use permit revision to install a 75 -foot -tall telecommunications monopole and related equipment. WHEREAS, this permit applies to 2220 Edgerton Street. The legal description is: EX S 604 13/100 FT THE W 429 FT OF SW 1/4 OF SE 1/4 (SUBJ TO HWY AND ST) IN SEC 8 TN 29 RN 22 WHEREAS, the history of this conditional use permit is as follows: 1. On November 6, 2008, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. November 24, 2008 5 City Council Meeting Minutes 2. On November 24, 2008, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Revision is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. All construction shall follow the site plan approved by the city. The direr.ter of deVelOpMeR Planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. This conditional use permit is conditioned upon U.S. Wes T -Mobile allowing the co -location of other provider's telecommunications equipment on the proposed tower with reasonable lease conditions. The Maplewood City Council passed this resolution on November 24, 2008. Seconded by Councilmember Rossbach. Ayes — All The motion passed. Councilmember Nephew moved approval of the site, landscaping and design plans dated March 31, 2008, for a 75 -foot -tall telecommunications monopole and ground equipment on the north November 24, 2008 6 City Council Meeting Minutes side of Trinity Baptist Church at 2220 Edgerton Street. Recommendation is based on the findings required by code and subject to the applicant doing the following: Applicant shall provide additional screening to the north and east of the monopole and ground equipment subject to staff approval. 2. Repeating the review in two years if the city has not issued permits for this project. 3. All work shall follow the approved plans. Community Development staff may approve minor changes. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 3. White Bear Avenue Improvements, City Project 08-13. a. Consider Resolution Accepting Feasibility Study and Ordering Preparation of Plans and Specifications and Calling for Public Hearing b. Consider Approval of Cost -Share Agreement with Ramsey County i. Acting Public Works Director, Michael Thompson addressed and answered questions of the council as well as gave the report. ii. Acting City Manager, Public Works Director, Chuck AN addressed 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 7:00 p.m. on Monday, December 15th, and also approve the cost -share agreement with Ramsey County. RESOLUTION 08-11-171 ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND CALLING FOR PUBLIC HEARING Agreement PW 2008-16 COST SHARING AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE RECONSTRUCTION WHITE BEAR AVENUE (RAMSEY C.S.A.H. 65) FROM COUNTY ROAD D TO RADATZ AVENUE S.P. 62-665-45 and S.P. 138-020-31 This Agreement is between Ramsey County ("County") and the City of Maplewood ("City") WHEREAS, the City, in cooperation with the County, desires to design and reconstruct White Bear Avenue from County Road D to Radatz Avenue ("Project"); and WHEREAS, this road segment is located within the City of Maplewood; and WHEREAS, Ramsey County has jurisdiction over White Bear Avenue (Ramsey C.S.A.H. 65) in the City of Maplewood; and WHEREAS, the City and County have determined that a cooperative effort is desirable for the public hearing and feasibility study and the professional final design services for the Project; and WHEREAS, the Project includes, in addition to other things, concrete paving, concrete curb and gutter, storm sewer, concrete sidewalk construction, traffic signal systems, soil borings, watermain, and utility adjustments; and November 24, 2008 7 City Council Meeting Minutes WHEREAS, CSAH funding has been identified for a public hearing and feasibility study and the professional final design services for the Project, to the extent the County is responsible for the cost of these services; and WHEREAS, the City has obtained a proposal from Kimley-Horn and Associates, Inc. ("Consultant") for conducting a Public Hearing and preparation of a feasibility study for the Project in an amount not to exceed $29,700.00; and WHEREAS, the City has obtained a proposal from the Consultant for professional final design services for the Project in an amount not to exceed $760,015.00; and WHEREAS, Project management and construction costs for the Project will be shared by the County and the City as determined in a cost share agreement to be executed when final design of the Project is completed. NOW, THEREFORE, IT IS AGREED: 1. The Whereas recitals set forth in this Agreement are hereby made a part of this Agreement as if set out in full. 2. The City and the Consultant will conduct a public hearing and feasibility study and will prepare the final design which will include plans, specifications, and cost estimates for the Project. 3. The County shall take bids, award the contract for construction, and perform the construction administration and inspection. 4. The County shall acquire all rights of way and easements required for the construction of the Project. The County shall provide all compensation to property owners for acquired rights of way and easements. In the event the City requests work not within the original plans, the City will be responsible for costs for any additional rights of way required. 5. All County road rights of way and temporary easements will be in the name of the County, and parking and other regulations will be controlled by the County. Any rights of way which cannot be negotiated will be acquired through eminent domain proceedings by the County. 6. The City will compensate the Consultant for services related to the public hearing and feasibility study in an amount not to exceed $29,700.00. The County will be responsible for 25% of the cost of this phase of the Project and the City will be responsible for 75%. The County's share is estimated to be $7,425.00 and will be paid upon submission by the City of a properly documented invoice. 7. The City will compensate the Consultant for final design services in an amount not to exceed $760,015.00. The County will reimburse the City for all payments made for these services upon submission by the City of a properly documented invoice. Upon execution of a construction cost sharing agreement the City and other entities participating in the Project will reimburse the County for their share of these final design services, which shares will be based upon the low bid. 8. The City and County shall indemnify, defend and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents or employees, in the execution, performance, or failure to adequately perform the indemnifying party's obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the County or the City of any statutory or common law immunities, limits, or exceptions on liability. November 24, 2008 8 City Council Meeting Minutes 9. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City Manager City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the County: Public Works Director Ramsey County Public Works Facility 1425 Paul Kirkwold Drive Arden Hills, MN 55112 10. This Agreement shall remain in full force and effect until December 31, 2011. RAMSEY COUNTY By Chair Board of County Commissioners Attest: Chief Clerk -County Board Date Approved as to Form: Assistant County Attorney Recommended for Approval: Kenneth G. Haider, P.E. Public Works Director and County Engineer Seconded by Councilmember Juenemann. The motion passed. November 24, 2008 City Council Meeting Minutes Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach N v — Mayor Longrie e✓ Mayor Longrie said she voted nay because she understands why the extra infiltration at the mall is needed it still concerns her that this feasibility study is setting a foundation for a policy for a new fee or assessment for all commercial properties throughout Maplewood. Without having a full discussion regarding that Mayor Longrie said she didn't feel comfortable in supporting this policy. The Council requested a five-minute recess. The Council reconvened at 9:20 p.m. 4. Discussion of Ordinance for Protection of City Open Space Properties a. Councilmember Nephew gave the report. b. City Attorney, Alan Kantrud addressed and answered questions of the council. C. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. There was no action needed for this item. 5. Consider Approval of Resolution for Adoption of Citizen Services Rates for 2009. a. Finance Director, Bob Mittet addressed and answered questions of the council as well as gave the report. b. City Clerk, Director Citizen Services, addressed and answered questions of the council. C. Maplewood Fire Chief, Steve Lukin addressed and answered questions of the council. Councilmember Nephew moved to approve the resolution approving the schedule of current and proposed license, permit and registration charges for 2007-2009 setting the rates for 2009. RESOLUTION 08-11-172 ADOPTION OF THE 2009 CITIZEN SERVICES RATES WHEREAS, the City of Maplewood has established citizen services rates, and WHEREAS, city staff has reviewed the citizen services rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA, that: 1. The updated citizen services rates shall become effective beginning January 1, 2009. 2. The updated citizen services rates are approved for all related citizen services charges received on or after January 1, 2009. 3. The updated citizen services rates shall become effective beginning January 1, 2009. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by Councilmember Rossbach. Ayes — All The motion passed. November 24, 2008 10 City Council Meeting Minutes Councilmember Nephew moved to approve the Business Registration Fee of $40 for 2008 and 2009. Seconded by Councilmember Rossbach. The motion passed. Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie 6. Adopt 2009 Assessment Rates, Public Works Permit Fees and Park Availability Charges. a. Acting Public Works Director, Michael Thompson addressed and answered questions of the council as well as gave the report. Councilmember Rossbach moved to approve the resolution for Adoption of the 2009 Assessment Rates, Public Works Permit Fees, and Park Availability Charges. RESOLUTION 08-11-173 ADOPTION OF THE 2009 ASSESSMENT RATES, PUBLIC WORKS PERMIT FEES, AND PARK AVAILABILITY CHARGES WHEREAS, the City of Maplewood has established assessment rates, permit fees, and park availability charges, and WHEREAS, city staff has reviewed the assessment rates, permit fees, and park availability charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA, that: 1. The updated assessment and improvement rates shall become effective beginning January 1, 2009. 2. The updated public works fees are approved for all related permit applications received on or after January 1, 2009. 3. The updated park availability charge shall become effective beginning January 1, 2009. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revision brought to the city council for consideration. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 7. Consider Approval of Resolution for Adoption of Ambulance Rates for 2009. a. Finance Director, Bob Mittet addressed and answered questions of the council as well as gave the report. b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. November 24, 2008 11 City Council Meeting Minutes Councilmember Rossbach moved to approve the resolution setting Ambulance rates for 2009 at the present, 2008 rates. RESOLUTION 08-11-174 ADOPTION OF THE 2009 AMBULANCE RATES WHEREAS, the City of Maplewood has established ambulance rates, and WHEREAS, city staff has reviewed the ambulance rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA, that: 1. The updated ambulance rates shall become effective beginning January 1, 2009. 2. The updated ambulance rates are approved for all related ambulance runs received on or after January 1, 2009. 3. The updated ambulance rates shall become effective beginning January 1, 2009. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by Councilmember Juenemann. The motion passed. Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie 8. Consider Approval of Resolution for Adoption of Electric Franchise Tax Rates for 2009. a. Finance Director, Bob Mittet gave the report. Mayor Longrie moved to approve the resolution Authorizing Continuation of the existing Electric Franchise Fee for 2009. RESOLUTION 08-11-175 ADOPTION OF THE 2009 ELECTRIC FRANCHISE TAX RATES WHEREAS, the City of Maplewood has established electric franchise tax rates, and WHEREAS, city staff has reviewed the electric franchise tax rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA, that: 1. The updated electric franchise tax rates shall become effective beginning January 1, 2009. 2. The updated electric franchise tax rates are approved for all related services received on or after January 1, 2009. 3. The updated electric franchise tax rates shall become effective beginning January 1, 2009. November 24, 2008 12 City Council Meeting Minutes 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by Councilmember Nephew. Ayes — All The motion passed. 9. Consider Approval of Resolution for Adoption of Environmental Utility Fund (EUF) Rates for 2009. a. Finance Director, Bob Mittet addressed and answered questions of the council as well as gave the report. b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Juenemann moved to approve the resolution Adopting a 7% increase in rates for the Environmental Utility Fund (EUF). RESOLUTION 08-11-176 ADOPTION OF THE 2009 ENVIRONMENTAL UTILITY FUND RATES WHEREAS, the City of Maplewood has established Environmental Utility Fund rates, and WHEREAS, city staff has reviewed the Environmental Utility Fund rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA, that: 1. The updated Environmental Utility Fund rates shall become effective beginning January 1, 2009. 2. The updated Environmental Utility Fund rates are approved for all related charges received on or after January 1, 2009. 3. The updated Environmental Utility Fund rates shall become effective beginning January 1, 2009. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by Councilmember Rossbach. The motion passed. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie & Councilmember Hjelle 10. Consider Approval of Resolution for Adoption of Recycling and Sanitary Sewer Rates for 2009. November 24, 2008 13 City Council Meeting Minutes a. Finance Director, Bob Mittet gave the report. Councilmember Nephew moved to approve the resolution Authorizing Maintenance of 2008 rates for 2009. RESOLUTION 08-11-177 ADOPTION OF THE 2009 RECYCLING AND SANITARY SEWER RATES WHEREAS, the City of Maplewood has established recycling and sanitary sewer rates, and WHEREAS, city staff has reviewed the recycling and sanitary sewer rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA, that: 5. The updated recycling and sanitary sewer rates shall become effective beginning January 1, 2009. 6. The updated recycling and sanitary sewer rates are approved for all related recycling and sanitary sewer services received on or after January 1, 2009. 7. The updated recycling and sanitary sewer rates shall become effective beginning January 1, 2009. 8. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by Mayor Longrie. Ayes — All The motion passed. 11. Approval of Claims. Councilmember Rossbach moved Approval of Claims. ACCOUNTS PAYABLE: $ 555, 799.83 $ 302,571.43 $ 168,981.39 Checks # 76886 thru # 76948 Dated 11/03/08 thru 11/10/08 Disbursements via debits to checking account Dated 10/31/08 thru 11/07/08 Checks # 76949 thru # 77027 Dated 11/10/08 thru 11/18/08 $ 122,641.22 Disbursements via debits to checking account dated 11/06/08 thru 11/14/08 $ 1,149,993.87 Total Accounts Payable PAYROLL $ 510,186.23 Payroll Checks and Direct Deposits dated 11/14/08 November 24, 2008 14 City Council Meeting Minutes M $ 3,392.19 Payroll Deduction check #1006443 thru #1006444 dated 11/14/08 $ 513,578.42 Total Payroll $ 1,663,572.29 GRAND TOTAL Seconded by Councilmember Hjelle. The motion passed. CONSENT AGENDA Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle Councilmember Juenemann moved to approve items 1-4. Seconded by Councilmember Hjelle. The motion passed. Ayes — All 1. Walking In Faith Church, 2385 Ariel Street, Conditional Use Permit Review Termination. Councilmember Juenemann moved to approve the resolution terminating the conditional use permit for Walking In Faith Church since it is no longer in operation. CONDITIONAL USE PERMIT TERMINATION RESOLUTION 08-11-178 WHEREAS, Mr. Paul Strong, of Walking In Faith Christian Ministries, received approval from the Maplewood City Council on January 10, 2005, for a conditional use permit allowing for a church to operate in an existing office building. WHEREAS, Mr. Strong subsequently notified the City of Maplewood on November 14, 2008, that Walking in Faith Christian Ministries no longer is in operation and therefore has no need for this conditional use permit. WHEREAS, this permit applies to the property at 2385 Ariel Street. The legal description is: Maplewood Retail Addition, subject to street, Outlot A. (PIN 11-29-22-31-0063) WHEREAS, the history of this conditional use permit termination is as follows: On November 24, 2008, the city council terminated this conditional use permit since the applicant, Walking in Faith Christian Ministries, no longer operates a church in an existing office building located at 2385 Ariel Street. NOW, THEREFORE, BE IT RESOLVED that the city council terminate the above-described conditional use permit because Walking in Faith Christian Ministries no longer operates a church in an existing office building. The Maplewood City Council approved this resolution of termination on November 24, 2008. Seconded by Councilmember Hjelle. Ayes — All November 24, 2008 City Council Meeting Minutes 15 The motion passed. 2. Mounds Park Academy, 2051 Larpenteur Avenue East, Annual Conditional Use Permit Review. Councilmember Juenemann moved to approve the Annual Conditional Use Permit Review for Mounds Park Academy, 2051 Larpenteur Avenue East and should be reviewed in the future if a problem arises or if a major change is proposed to the site. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 3. Lark -Prosperity Area Street Improvements, City Project 07-15, Consider Approval of Resolution Reducing Retainage of Existing Construction Contract. Councilmember Juenemann moved to approve the resolution directing the City Engineer to reduce retainage on the existing construction contract for the City Project 07-15 to 1 %. RESOLUTION 08-11-179 DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 07-15 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 07-15, Lark -Prosperity Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, T.A. Schifsky and Sons, Inc, 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. Ayes — All The motion passed. 4. Kohlman Area Street Improvements, City Project 07-21, Consider Approval of Resolution Reducing Retainage on Existing Construction Contract. Councilmember Juenemann moved to approve the resolution directing the City Engineer to reduce retainage on the existing construction contract for City Project 07-21 to 2%. RESOLUTION 08-11-180 DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 07-21 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 07-21, Kohlman Lane Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and November 24, 2008 16 City Council Meeting Minutes WHEREAS, the contractor, C.W. Houle, Incorporated, has requested, by written notice, 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 2%. Seconded by Councilmember Hjelle. Ayes — All The motion passed. N. AWARD OF BIDS None. (Due to time constraints items G. Administrative Presentations and item H. Council Presentations were moved to the end of the council meeting.) G. ADMINISTRATIVE PRESENTATIONS 2009 Budget — Information Requested by City Council on Budget Reduction Options a. Acting City Manager, Public Works Director, Chuck Ahl gave the report. b. City Clerk, Director Citizen Services Karen Guilfoile answered questions of the report. C. Maplewood Police Chief, Dave Thomalla answered questions of the council. d. Maplewood Fire Chief, Steve Lukin answered questions of the council. H. COUNCIL PRESENTATIONS League of Minnesota Cities Regional Meeting — Councilmember Nephew Councilmember Nephew said he attended the League of Minnesota Cities Regional Meeting in Bloomington. There was a short round table discussion about budget trends and a discussion regarding the Sewer tool kit. Councilmember Nephew presented Acting City Manager, Chuck Ahl with the information. 2. Wood Smoke — Councilmember Juenemann Councilmember Juenemann said she has been receiving many phone calls and emails regarding her thoughts regarding the Wood Smoke issue. There are many inaccuracies out there and she made her comments known to the public regarding Wood Smoke. 3. Municipal Legislative Commission Meeting — Mayor Longrie Mayor Longrie said she attended a Municipal Legislative Commission Meeting in Maple Grove and mentioned the newsletter for which Mayor Longrie handed out to the councilmembers that had some valuable information in it. 4. Update on Roselawn Traffic Study — Mayor Longrie Mayor Longrie discussed the traffic study that was done for the Roselawn area. Mayor Longrie stated if anyone wanted a hard copy of this study they can contact the office of Acting City Manager, Chuck Ahl. Mayor Longrie then read aloud the traffic study information conducted for the Roselawn area. 5. Senator Chuck Wiger Update — Mayor Longrie Mayor Longrie said there is a Legislative update that might be of interest regarding Senator Chuck Wiger. 6. National League of Cities Conference Update — Mayor Longrie November 24, 2008 17 City Council Meeting Minutes Mayor Longrie said there was a lot of great information shared at the National League of Cities Conference that she attended and she would like to share more information regarding the meeting at a later date. 7. City Manager Search Process — Mayor Longrie Mayor Longrie gave an update on the City Manager Search and explained who would be involved in the process and the number of people that will be working with the search panel process. She also stated the number of applications that have been received so far. More information is to follow in December. O. VISITOR PRESENTATIONS — PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:10 p.m. November 24, 2008 18 City Council Meeting Minutes OF CO UNSEL: Tom Dailey Don Kohler DATE: TO: RE: Knaak & Kantrud, P.A. ATTORNEYS AT LAW MEMORANDUM 24 November 2008 Acting City Manager, Chuck Ahl and Council K-1 Liquor license application for Mai Yang t H. Alan Kantrud hakantrud@klaw.us direct: 612-743-4242 114 Qualified Neutral by the Minnesota State Bar Association Mai Yang and her attorney, Joe Dudley, met with Chief Thomalla and I on Thursday to discuss the future of the 1700 Rice Street venue, currently the Stargate Nightclub. To start the discussion off staff played a surveillance video of the parking lot at and shortly after closing on a recent "hip-hop" (Thursday) night. The scene degenerated into chaos quickly. Many arrests, fights, &ct. Ms. Yang's attorney then spoke at length about the commitment that his client has in changing the way 1700 Rice is operated. I believe a similar explanation will be given to you tonight. I think from staff's perspective the way the business is being run, currently, is problematic at best and quite clearly not in the best interests of the public. We are certainly justified in revoking the license of the operator of the Stargate in my opinion. Ms. Yang's attorney is quite concerned that the sins of the prior owner and general atmosphere at the location will be reflected in the consideration given to her in seeking a "new" license. While I assured him that you as a council are very fair but firm, I could not promise him a very receptive ear from you given the history at the location. Ms. Yang is investing a great deal of capital into this venture according to her attorney, money that she could spend in another City and on another venue. She is looking at the Maplewood location due to its positioning in terms of the demographic she wishes to attract. As a rational actor and a successful businesswoman in her own right, it would not make sense that she would want to invest in a losing proposition. That being said, our concern is still over the threat to the public interest that the place currently sponsors. . Ms. Yang, for her part, has created and revised a few times an, "action plan," to map -out what her intentions are with respect to changing the tone of the club were she to get her license. I have attached that plan with permission from her attorney and she or he will be prepared to answer any questions you have regarding it. Staff really takes no position on this issue other than to say that the current management is failing miserably a change is definitely warranted there. A license is, however, only that. If you are to grant Ms. Yang this opportunity you need to make it very clear that if this pattern remains staff will be right back before you asking that the license by revoked with absolutely no reservations in doing so and without concern about the `investment.' We have made that quite clear to the applicant and her attorney as well. I would recommend a review of this matter in 60 days if you grant a license. 11/14/2008 14:11 FAX 6512235055 DUDLEY & SMITH P.A. 1� 003/007 11/14/2008 13:08 1111 MR Re -Amended Course of Action Plain Once granted the Liquor License, I will take over the operation of Stargate, 1 will have an experienced manager to assist in managing the operation so that I can spud more time learning and familiarizing myself with the business while gaining a clearer perspective of how and what change(s) should be shade. With this gained knowledge and a better understanding of the business, the first three to four, (3-4) weeks will involve implementing significant changes, impigpiented changes will-W-clude,but are n9l hLWW- _t& • Eliminating Crystal night • Type of music being played • Type of clientele • Require staff training for all securities omd bartenders • Strict dress code enforced at the door • Reducing amount of crimes • Reducing gang related activities Adding a kitchen/restaumut • Monthly security staff meeting with the Police Chief if possible in the first 3 to 6 months to address any concern and or issue that might have ari sen.- • Parnily owned and operated, • All staff will be family related members with the exception of securities and or bouncers. Reducing crime rates and gang related aetivitles: F Crystal right and replacing it what ,live band (family and couple style setup) Tight security control inside and outside. - Three step check: 1. There will be bouncers at the door that are familiar with gang signs and colors, They will control and enfoace dress code. They will also check for vatld identification before allowing entry to fill Patrons.2. All cu etad� ec_tor to detect any objects that could be used t as walk as a m m t weapons. 3. After passing the acetal detector all, oustomto vAll be patted down and searched by it tamed securk he custofor small iner puvgeabedetectedects that was not the metal dela all three stepi, they will then be allowed entry into the club. - Any customer refusing at least one of these three steps will be turned 11/14/2008 14:11 FAX 6512235055 DUDLEY & SMITH P.A. 1A 004/007 11/14/2008 13:ee 1111 NGA rHUk e4 Reducing crime rates and Rang related activities continue: away and refused entry. - Securities will be positioned in strategic locations within, the club to monitor, patrol, and inapecdinvestigate any suspicious activity. - Securities will also monitor under -age drinking and, if necessary, take the appropriate course of action. - There will be securities at all exits to control and prevent alcohol conswnption beyond designated areas. This will help to prevent xW under -age drinking. - Outside securities will. patrol the parking lot throughout the hours of operation to monitor and prevent agyone from drinking and/or performing illegal activities inside vehicles. This will also prevent illegal solicitations and acts that might endanger the premises and customers. - Additionally, crime and gang related activities would be reduced drastically through the presence of the Ramsey County Sheriffs. - At the end of the night security personnel will control and direct patrons to leave the premises safely. calmly, and in. an orderly Cashion. They will also pick up and clean any trash in the parking lot. Type of musics - Will add live band music by promoting singers locally and internationally. - Music played will include country, classic and noodern turves. Salm, Claa Cha Cha, Twist, Tango, Disco, LCs -So. New Wave, and other similar dance music. - I truly believe that char Wng the type of music will bring in a different mood and setting for the establishment, whereby creating a safnz' place. - This type of setting will attract both the young and the old, a cli.entele base that is looking for a place to have fun, relax, cWoy good music and food with family snembers and friends. Dress code.- Will ode; Will be strictly enforced. - i.e. No caps, gang signsleolore, aborts, and baggy clothing. Enforcing dress code will reduce and eliminate gang members and crime related incidences, as it is not suitable for them. Bartender & Security: - All, bartenders will be skillful aid knowledgeable of alcohol awareness and SafCty. `a 11/14/2006 14:11 FAX 6512235055 DUDLEY & SMITH P.A. 11/14/2909 13:09 1111 NUN Bartender & Security continue: fA 005/007 r NVG uu - A11 securities will he required to pass the baekgrotmd check. They will also undergo safety and management of aggressive, hostile. and combative customer trawmg. - Training will be enforced: -All bartenders and security personnel are required to compleo the Alcohol Awareness training. The Minnesota Liquor and Alcohol Beverage Association will provide thiq on a semiannual basis in accordance with city ordirumceb. - Servers will. cheek for age appropriateness before serving alcoholic beverage. serving only those with a wristband and an in-house stamp on hand for twenty- one (21) plus customers. When in doubt, server will check for. a valid identification card. - Compliance with the City Ordinance of weirder -age drinking. - J.e. Legal drinking age, legal drinking intake. etc. - Will not over, serve and/or will not serve intoxicated custorner(s). - Securities will have procedural cocks to follow on how to handle situations at band. - Code RED for emergency, needs immediate assistance (i.e. fight, violence towards self or others, etc.) - Code ORANGE for moderate situation, needs some assistance as able (i.e. verbal aggze6510n or confrontation). - Cods: Yellow for warning, beware, be on the lookout and be ready, stays alert. - Securities will also summon for outside sheriffs' assistttuce as needed - With proper training, all staff will. be efficient and effective to adequately perforin his/her job, thereby reducing gang and or crime related activities as wall. as preventing under -age consumption of alcohol. This will lead to reducing the numbey of police calls and leaving them to attend to other more importance matters. Addition of KitehenAkesgtssurants A kitcherurestaurant will be added to provide delightful, yet simple Manu for customers to choose from, This will serve people who are looking for more of a happy hour atmosphere in a club sitting style where they can come in., order drinks and food, while enjoying good music with good friends and f$mil.y members. 11/14/2008 14:11 FAX 6512235055 DUDLEY & SMITH P.A. 0006/007 11/14/2008 13:08 1111 NUA rWao V Adtainlatratio„: Openting as a family business, the fol.low#ng aspects of the club will be taken care of but still delegated by myself; accounting, advertising, human relations, bar and club service, deejaying, and band Ring/ perforraing. This will allow me the liberty to work on other objectives pactaloimg to the administrative needs of the club. Additionally, a lull time manager will be present on the premises and take over most of the daily duties of running a successful club whereby leaving me more time to oversee and make deoisl.ons regarding business affairs. I have extensive experience and have euccessfully run a home care business for over eleven years and employed, over one hundred and twenty staff members. I also owned a liquor store for two years and received certificates of compliance with the City Ordinance preventing sales to the under age. Conclusion: Stargate has been in existence for over a decade. It is located right in the heart of the Twin Cities, an establishment where people from all facts of life have came to know, enjoy and like. It is more beneficial for the City of Maplewood to have the establiahment keep its legacy by providing me the opportunity to continue this legacy. By making changes with a more up to date establishment, this will provide a safer, more pleasant place for our customers to have Am., relax, and enjoy friends and family without having to worry about their safety. Moreover, by keeping the establishment operable, I will not only be helping the economy by creating more jobs, maim tWng employments, but will also be bringing additional income revenue for the city by paying the appmptiatc taxes and fees. Furthermore, because of the well-known family background that I carne from both personally and professionally in the commuo ty, this will also attract more clienteles to the establisluncnt. Last, but not least, these significant changes in the type of music, the atmosphere, the mood, the setting and the strict rules will attract a different clientele base and eventually reduce and eliminate individuals who are gang or crime related, therefore making the new Stargate Bar and Dance Club a professional, pleasant and safe venue, El E 11/14/2008 14.11 FAX 8512235055 DUDLEY & SMITH P.A. z1/zw/:eloud Iu: k1m I I nLJw ' Im mgm IMVo7/uV7 AGENDA REPORT To: City Manager From: Finance Director Date: November 24, 2008 AGENDA NO. L7 Re: Resolution for Adoption of Ambulance Rates for 2009 (Amended) BACKGROUND The staff memorandum that the City Council received in advance of tonight's meeting requested no increase in rates from 2008 to 2009. Staff is now asking the City Council to reconsider this request and approve a 3% increase in rates for 2009. The 2009 — 2013 Capital Improvement Plan did not propose an increase in 2009 but did have 3% increases in each of the following years, 2010 — 2013. The CIP also proposed to defer an ambulance scheduled for replacement in 2012. 1 have discussed this with Fire Chief Lukin and agree that the City needs to keep working to fund this future replacement. Ambulance rates have been increased over the past several years, most notably with a 21 % increase for 2008. The Medicare law that became effective in 2002 has resulted in decreasing collection rates from 85% in 2000 to 53% in 2006, the most recently completed collection period. The last property tax subsidy to the Ambulance Fund was in 2005. The Medicare law limits allowed rates as follows: Basic life support Advanced life support 1 Advanced life support 2 Charge per mile PAAMBULANCEIAmbulance Rates Resolution 2009 (2).doc 2007 2008 $312.38 $324.49 370.95. 385.34 536.90 557.72 6.25 6.55 RESOLUTION ADOPTION OF THE 2009 AMBULANCE RATES WHEREAS, the City of Maplewood has established ambulance rates, and WHEREAS, city staff has reviewed the ambulance rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated ambulance rates shall become effective beginning January 1, 2009. 2. The updated ambulance rates are approved for all related ambulance services received on or after January 1, 2009. 3. The updated ambulance rates shall become effective beginning January 1, 2009. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Packet Page Number Page 83 of 152 I CITY OF MAPLEWOOD, MINNESOTA AMBULANCE SERVICE FUND (606) STATEMENT OF SOURCES AND APPLICATIONS OF CASH Net cash flows from operating activities Net cash flows from noncapital financing actitivities Net cash flows from capital and related financing actitivities Net cash flows from investing activities Net increase (decrease) in cash and cash equivalents Cash and cash equivalents - January 1 Cash and cash equivalents - December 31 Cash balance/working capital Working capital: Current assets Cash and investments Other assets Current liabilities Due to other funds Other liabilities Net total 2008 2006 2007 ORIGINAL 2008 2009 ACTUAL ACTUAL BUDGET RE -EST. BUDGET $ (69,711) $ (210,148) $ 20,834 $ 258,579 $ 323,620 (49,590) 238,148 0 (1,340,344) 45,280 119,301 (28,000) 0 0 (145,580) 0 0 0 0 0 0 0 20,834 (1,081,765) 223,320 0 0 (623,336) 0 (1,081,765) $0 $0 ($602,502) ($1,081,765) ($858,445) 0.0% 0.0% 0 0 810,642 1,268,123 (1,167,965) (1,375,164) (75,243) (125,472) ($432,566) ($232,513)