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HomeMy WebLinkAbout01-22-2007MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, January 22, 2007 Council Chambers, City Hall Meeting No. 07-02 A. CALL TO ORDER Agenda Item E4 A meeting of the City Council was held in the Council Chambers at City Hall and was called to order at 7:20 P.M. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA G1. Wedding Fair G2. Passport Night M1. February 5, 2007 State of the Region Metropolitan Council M2. Mayor Coleman Invitation to Winter Carnival Grand Opening Reception M3. Dr. David Schultz Report M4. City/Manager Council Retreat M5. Banning International Travel M6. Banning Disparagement Clauses in Employee Contracts M7. City Council Members Conduct after the Last Council Meeting Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Hjelle Ayes -All E. APPROVAL OF MINUTES Minutes from the January 8, 2007 Workshop - 5:00 p.m. Councilmember Cave moved to approve the minutes from the January 8, 2007 5:00 p.m. workshop as presented. Seconded by Mayor Longrie Ayes -All 2. Minutes from the January 8, 2007 Workshop — 6:00 p.m. Councilmember Cave moved to approve the minutes from the January 8, 2007 6:00 p.m. workshop as presented. Seconded by Mayor Longrie Ayes -All January 22, 2007 City Council Meeting 3. Minutes from the January 8, 2007 City Council Meeting Councilmember Rossbach moved to table the minutes from the January 8, 2007 City Council meeting until the next meeting for further clarification. Seconded by Mayor Longrie Ayes -All F. VISITOR PRESENTATIONS Nancy Lazaryan, 10734 West Lake Road, Rice, submitted information to the city council regarding her pending common law liens. 2. Bob Schmidt, 1439 Burke Avenue East, Maplewood, commented on the reorganization within the city and the changes in the city's "employee handbook." 3. Michele Miner, 2382 Gall Avenue, Maplewood, requested information regarding the cable commission and Comcast Cable. Mayor Longrie suggested to the city manager that information on city commissions and contacts be added to the city website. Ms. Miner also requested information on the North St. Paul franchise fee and recycling fee. 4. Bill Kayser, 6408 81St Avenue North, Brooklyn Park, provided information on a pending lawsuit and legal counsel. 5. Anna Brodt, 2513 Adele Street, Maplewood, requested information on changing the city's noise ordinance and related noise issues in her neighborhood. Mayor Longrie shared information regarding the city's noise ordinance. G. APPOINTMENTS/PRESENTATIONS Wedding Fair Citizen Services Director Guilfoile presented information on the wedding fair to be held at the Maplewood Community Center on Saturday, January 27. 2. Passport Night Citizen Services Director Guilfoile shared information that the passport processing hours at the Maplewood Deputy Registrar's office will be increased occasionally to include hours open to the public in the evening. These new hours in February will be Thursday, February 1 until 8 p.m. H. PUBLIC HEARINGS None CONSENT AGENDA Councilmember Juenemann moved to adopt consent agenda items 1, 2, 4 and 5. Seconded by Councilmember Hjelle Ayes -All Councilmember Rossbach moved to adopt consent agenda item 3 with the condition that contact information on each participating agency be added under the "notice section" January 22, 2007 City Council Meeting Seconded by Councilmember Cave Ayes -All Councilmember Cave moved to adopt consent agenda item 6. Seconded by Councilmember Juenemann Ayes -All Councilmember Rossbach requested that he receive a copy of the contracts in order to vote on this item and suggested that this item be tabled until that time. Councilmember Hjelle moved to adopt consent agenda item 7. Seconded by Councilmember Cave Ayes -Mayor Longrie, Councilmembers Hjelle, Cave Nays-Councilmembers Rossbach, Juenemann Councilmember Hjelle moved to adopt consent agenda item 8. Seconded by Councilmember Juenemann Ayes -All Councilmember Juenemann moved to adopt consent agenda item 9. Seconded by Councilmember Hjelle Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE: $ 366,237.89 Checks # 71751 thru # 71803 dated 01/04/07 thru 01/09/07 $ 285,532.19 Disbursements via debits to checking account dated 12/29/06 thru 01/04/07 $ 283,735.98 Checks # 71804 thru # 71863 dated 01/16/07 $ 116,146.47 Disbursements via debits to checking account dated 01/05/07 thru 01/10/07 $ 1,051,652.53 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 583, 905.88 01/12/07 Payroll Deduction check # 1000968 thru # $ 2,618.41 1000970 dated 01/12/07 $ 586,524.29 Total Payroll 3 January 22, 2007 City Council Meeting $ 1,638,176.82 GRAND TOTAL 2. Accepted donation from Schmelz Countryside Volkswagen Accepted a $2,500 donation from Schmelz Countryside Volkswagen to be used toward youth and senior citizen programs. 3. East Metro Narcotics Task Force Joint Powers Agreement Approved participation in the joint powers agreement with the East Metro Narcotics Task Force with the condition that contact information on each participating agency be added under the "notice section". 4. Wyngate Townhomes, City Project 04-33, Approve Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement. Approved the private water main agreement between MWAH, Limited Partnership, furn USA, LLC, Kennard Professional Building East, LLC, the City of Maplewood and the Board of Water Commissioners of the City of St. Paul, City Project 04-33. 5. Cottagewood Utility Improvement, City Project 06-10, Resolution Approving Change Order No. 2 Approved the following resolution directing the modification of the existing construction contracts for the Cottagewood Public Improvements, City Project 06-10, Change Order No. 2: RESOLUTION 07-01-006 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-10, CHANGE ORDER 2 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 06-10, Change Order No. 1, Cottagewood Public Improvements, and has previously approved a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 06-10, Change Order No. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THIS 22ND DAY OF JANUARY, 2007 that: The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 in the amount of $33,185.63. The revised contract amount is $164,004.74. 2. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $216,500.00 shall be established. The proposed financing plan is as follows: January 22, 2007 City Council Meeting Developer assessments: $ 216,500 (100%) 6. County Road D East Improvements, City Project 02-07, Approve 12 -month Extension to Purchase Option for Ramsey County Regional Rail Authority for Burlington Northern Rail Corridor Approved an extension to December 31, 2007 of the option agreement with Ramsey County Regional Rail Authority for the Burlington Northern Rail Corridor as part of the County Road D Realignment Agreement for County Road D Improvements, City Project 02-07. 7. Approval of 2007 Labor Contracts Approved the 2007 labor contracts as submitted. 8. Authorization to make payment for Eden System yearly support contract. Authorized staff to pay the support contract for Eden Systems so as to keep current with updates and to keep Eden Systems support available for staff. 9. Conditional Use Permit – Launderville Towing (2194 Van Dyke Street North) Approved the Launderville's conditional use permit for the storage of one commercial vehicle on the residential property at 2194 Van Dyke Street, and review the conditional use permit in one year. J. AWARD OF BIDS None K. UNFINISHED BUSINESS Saint Clair Hills Development -Findings of Fact (Carver Avenue, east of 1-494) a. Moratorium Variance b. Rezoning (R -1(R) to R-1) The applicant, Jamie Jensen, was present Councilmember Cave moved to table this item, since it was also tabled in the January 8 city council minutes for further clarification, and added a friendly amendment to table this item until the February 12 meeting. Seconded by Councilmember Hjelle Ayes -All City Manager Copeland discussed with the council the January 29 neighborhood meeting to be held at fire station #4 to discuss considerations of the south Maplewood moratorium study. 2. TH 36—Rice Interchange Improvements—Resolution Supporting Legislation for Preliminary Engineering Study by Ramsey County and MnDOT Councilmember Juenemann moved to adopt the following resolution supporting consideration for funding of the preliminary engineering for the TH 36—Rice Street interchange and to direct January 22, 2007 City Council Meeting the City Manager to send the resolution to Representative Scalze, the Commissioner of Transportation, Senator Murphy (chair of the Senate Transportation Committee), Representative Lieder (chair of the House Transportation Committee), Ramsey County Commissioner Victoria Reinhardt, Senators John Marty and Chuck Wiger, and Representatives Leon Lillie and Nora Slawik. RESOLUTION 07-01-007 SUPPORTING FUNDING FOR TH 36 — RICE STREET WHEREAS, the Rice Street — Trunk Highway 36 Interchange area is a heavily congested traffic corridor within the northwestern corner of the City of Maplewood, and WHEREAS, this northwestern corner of Maplewood is an important business corridor for a number of Maplewood business establishments, and WHEREAS, the region recognizes that St. Jude Medical is proposing an important expansion of high-quality jobs in this area that are dependent upon an efficiently operating transportation system, and WHEREAS, MnDOT and Ramsey County representatives report no funds have been identified to help upgrade this area to address the heavy congestion, much less than proposed increased traffic from the St. Jude Medical jobs expansion, and WHEREAS, it is proposed to fund the preliminary engineering portion of an improvement project to the TH 36 — Rice Street interchange through state funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THAT: The Maplewood City Council hereby does support this important regional project and requests that all governmental agencies provide support for the making of this important transportation improvement. Adopted this 22nd day of January, 2007. Seconded by Councilmember Hjelle Ayes -All 3. County Road D East Improvements, City Project 02-07, Resolution Confirming Eminent Domain Authorization for Schreier Parcel at Hazelwood/County Road D Councilmember Hjelle moved to adopt the following resolution Authorizing Eminent Domain Proceedings on Property for Purposes of Right -of -Way Acquisition, City Project 02-07, and directed staff to continue negotiations to acquire the property necessary for right-of-way purposes. RESOLUTION 07-01-008 AUTHORIZING EMINENT DOMAIN PROCEEDINGS ON CERTAIN PROPERTY FOR RIGHT-OF-WAY PURPOSES WHEREAS, on December 9, 2002, the City Council selected an alignment for County Road D between Hazelwood Street and Trunk Highway 61 (TH 61), and WHEREAS, pursuant to resolution of the council adopted May 12, 2003, a report had January 22, 2007 City Council Meeting been prepared under the direction of the city engineer with reference to the improvement of County Road D between Hazelwood Street and Trunk Highway 61, City Project 02-07 and said feasibility report was received by the council on July 22, 2003, and WHEREAS, the report provided information regarding whether the proposed project is necessary, cost-effective, and feasible, and WHEREAS, to construct said improvement it was deemed necessary to acquire property for right-of-way purposes from the following properties: a. Parcel 032922210004, Owner: Richard Schreier WHEREAS, a public hearing for said improvement was held on September 8, 2003, and WHEREAS, on February 9, 2004, the City Council determined it is necessary to begin eminent domain proceedings to expedite the acquisition of right-of-way and to ensure that the project remains on schedule, and WHEREAS, due to the amount of time since the adoption of the original resolution it is necessary for the Council to confirm the intent to proceed with eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: The city engineer and city attorney are hereby authorized to acquire through eminent domain proceedings the following properties for purposes of right-of-way acquisition: a. Parcel 032922210004, Owner: Richard Schreier Approved this 22nd day of January 2007. Seconded by Councilmember Rossbach Ayes -All 9:12 p.m. - a ten-minute break was taken and the meeting was then reconvened. L. NEW BUSINESS Change of Manager, Noodle & Company for Wine and Strong Beer License a. Citizen Services Director Guilfoile presented the report. b. The applicant, Joseph Selander, was present. Councilmember Hjelle moved approval of the intoxicating liquor license. Seconded by Councilmember Cave Ayes -All 2. Change of Manager, MGM Liquor Warehouse, Off -Sale Intoxicating Liquor License a. Citizen Services Director Guilfoile presented the report. b. The applicant, Joseph Stanek, was present. Councilmember Cave moved approval of the intoxicating liquor license. Seconded by Councilmember Hjelle Ayes -All 3. Change of Manager, TSE, Inc. at the Chalet for Lawful Gambling License January 22, 2007 City Council Meeting a. Citizen Services Director Guilfoile presented the report. Councilmember Hjelle moved approval of the Lawful Gambling Change of Manager. Seconded by Mayor Longrie Ayes -All 4. Annual Review of the Rules & Procedures for City Council and Council Meetings Manual a. Citizen Services Director Guilfoile presented the report. Councilmember Cave moved to direct staff to make the proposed changes. Seconded by Councilmember Rossbach Ayes -All 5. Funding for Life Safety Construction — Bruentrup Farm (2170 County Road D East) a. Building Official Fisher presented the report. b. City Manager Copeland spoke regarding funding for the farm. c. George Rossbach, 1406 Co. Rd. C East, spoke regarding the history of the barn and necessary maintenance. d. Ron Cockriel, 943 Century Avenue, spoke regarding preservation, the city's 50th anniversary, and a national conference to be held in October. Councilmember Rossbach moved approval to do the following for the Bruentrup Farm project: a. Authorize spending up to $17,000 and create an account to hire NIA architects to draw plans and complete the application with a scope of work form for approval by the Minnesota Historical Society Historical Architect. b. Authorize staff to record a declaration of the state bond assistance in the official real estate record for the property. c. Authorize the city manager to sign a letter of agreement governing the use of Bruentrup Historical Farm buildings and site. The city must assume responsibility to maintain the property in satisfactory manner for 20 years. d. Authorize the city manager to allow city staff to utilize city services, staff and equipment for the completion of the project. A friendly amendment was added to the motion to direct city staff to have the State Legislature make the necessary language changes. Seconded by Councilmember Cave Ayes -All 6. Brookview Area Street Improvements, City Project 07-01, Resolution Ordering Preparation of Feasibility Study Public Works Director AN presented the report. Councilmember Hjelle moved to approve the following resolution ordering the preparation of January 22, 2007 City Council Meeting the feasibility study for the Brookview Area Street Improvements, City Project 07-01. RESOLUTION 07-01-009 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Brookview Area Streets, City Project 07-01, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $60,000 are appropriated to prepare this feasibility report. Approved this 22nd day of January 2007 Seconded by Councilmember Cave Ayes-Councilmembers Rossbach, Cave, Juenemann, Hjelle Nay -Mayor Longrie 7. Desoto Skillman Area Street Improvements, City Project 06-16, Approve Desoto Street Sidewalk Survey a. Public Works Director AN presented the report. Councilmember Hjelle moved to approve the following resolution ordering the survey for distribution to residents within a 300 -foot radius of the proposed sidewalk along Desoto Street, with a friendly amendment directing staff to make the necessary changes to clarify the letter. RESOLUTION 07-01-010 APPROVING SIDEWALK SURVEY WHEREAS, the city council heard public testimony regarding the proposed sidewalk along Desoto Street from County Road B to Larpenteur Avenue during the public hearing at the January 8, 2007 city council meeting; AND WHEREAS, council directed staff to prepare a survey to poll residents within a 300 -foot radius of the proposed sidewalk NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, the city council authorizes staff to make any necessary changes directed by council to the sidewalk survey and distribute it to residents within a 300 -foot radius of the proposed sidewalk. Seconded by Councilmember Cave Ayes -All January 22, 2007 City Council Meeting 8. 1616 Currie Street Lot Split, City Project 06-25, Resolution Ordering Preparation of Feasibility Study Public Works Director Ahl presented the report. Councilmember Rossbach moved approval of the following resolution ordering the preparation of the feasibility study for the 1616 Currie Street lot split, City Project 06-25. RESOLUTION 07-01-011 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Currie Street, City Project 06-25, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $500.00 are appropriated to prepare this feasibility report. Seconded by Councilmember Juenemann Ayes -All 9. Trunk Highway 36 at Hazelwood, City Project 03-31, Approve Submittal of 2007 Minnesota Safe Routes to School Funding Application for Trail Improvements a. Public Works Director AN presented the report. Councilmember Juenemann moved approval of the following resolution authorizing submittal of the MnDOT Safe Route to School funding application for the Trail Improvements at TH 36 and Hazelwood Street. RESOLUTION 07-01-012 CITY OF MAPLEWOOD TRUNK HIGHWAY 36 IMPROVEMENTS AT HAZELWOOD STREET WHEREAS, The Minnesota Department of Transportation has identified a major safety problem with an at -grade pedestrian crossing of TH 36 at Hazelwood Street, and WHEREAS, The Minnesota Department of Transportation has identified the possible abandonment of the pedestrian crossing due to these safety concerns, and, WHEREAS, The City of Maplewood and the Minnesota Department of Transportation have identified the need to extend trail connections from Hazelwood Street along both the 10 January 22, 2007 City Council Meeting north and south sides of TH 36 to the grade separated crossing at the Bruce Vento Trail, and WHEREAS, The City of Maplewood and the Minnesota Department of Transportation plan to enter into a Joint Powers Agreement to accomplish the installation of the safety trail improvements, and WHEREAS, The City of Maplewood is submitting a request for $275,000, to help pay for the needed improvements, to the Minnesota Department of Transportation for the proposed improvements, Now Therefore, BE IT RESOLVED, that the City Council of the City of Maplewood does hereby endorse the request for funding submitted to the Minnesota Department of Transportation Safe Routes to School program, and encourages the Minnesota Department of Transportation to act favorably on the request for funding. Approved this 22nd day of January 2007 Seconded by Councilmember Hjelle Ayes -All 10. EMS Charges for City Employees City Manager Copeland presented the report. Councilmember Cave moved to approve the recommendation that: 1. The City of Maplewood waive collection of balances due for City employees and their named insured dependents covered by City issued medical insurance, for EMS services, beyond reimbursement of charges recovered through City provided medical insurance and/or other medical insurance available to the employee or their named insured dependents. 2. The City of Maplewood cease all collection efforts against any employee owing a balance for EMS to the City and waive those charges permanently. Seconded by Councilmember Hjelle Ayes -All M. COUNCIL PRESENTATIONS 1. Metropolitan Council State of the Region Address Mayor Longrie presented information on the upcoming Metropolitan Council State of the Region Address scheduled on Monday, February 5, at the Minnesota History Center. 2. Mayor Chris Coleman Reception Mayor Longrie presented an invitation to the council from City of St. Paul Mayor Coleman to the Winter Carnival reception on Saturday, February 3. 11 January 22, 2007 City Council Meeting 3. Dr. David Schultz Report Mayor Longrie requested that since Dr. Schultz's report is still of interest to some, the city obtain a copy of Dr. Schultz's notes that he took during his interview with Mayor Longrie. Councilmember Cave requested a copy of his notes from her interview also. Mayor Longrie asked City Attorney Kantrud to research the city's contract with Dr. Schultz to see if his notes are part of the contract. 3. City Retreat Councilmember Hjelle asked the status of the staff retreat. City Manager Copeland responded that the dates being considered are February 15 and 22. City Manager Copeland said he would poll the Council in the near future to secure a date. 4. Banning International Travel Councilmember Hjelle requested that the city attorney look into drafting an ordinance banning international travel for all city employees and travel by the city manager to be limited by requiring city council approval. He requested that the city attorney contact all council members for their input for the proposed ordinance. 5. Banning Disparagement Clauses in Employees Contracts Councilmember Hjelle requested that the city ban disparagement clauses in employee contracts and he provided precedent with a former city manager. City Attorney Kantrud explained that the past disparagement clause was negotiated as part of a contract separation agreement and had received city council approval. 6. City Council Members Conduct after the Last Council Meeting Councilmember Hjelle raised concerns regarding city council members conduct following the city council meeting. N. ADMINISTRATIVE PRESENTATIONS Citizen Advisory Boards and Commissions Meetings Broadcast Schedule City Manager Copeland gave council members a copy of the citizen advisory commission meetings and broadcast schedule. 2. Citizen Advisory Boards and Commissions — Openings City Manager Copeland encouraged residents who are interested in serving on a board or commission to apply for one of the open positions. O. ADJOURNMENT Mayor Longrie adjourned at 11:00 p.m. 12 January 22, 2007 City Council Meeting Common law lien Common law liens are divided into special liens and general liens. A special lien, the more common kind, requires a close connection between the property and the service rendered. A special lien can only be exercised in respect of fees relating to the instant transaction; the lienee cannot use the property held as security for past debts as well. A general lien affects all of the property of the lienor in the possession of the lienee, and stands as security of all of the debts of the lienor to the lienee. A special lien can be extended to a general lien by contract, and this is commonly done in the case of carriers. [3] A common law lien only gives a passive right to retain; there is no power of sale which arises at common law,[4] although some statutes have also conferred an additional power of sale,[5] and it is possible to confer a separate power of sale by contract. The common law liens are closely aligned to the so-called "common callings", but are not co- extensive with them. A common law lien is a very limited type of security interest. Apart from the fact that it only amounts to a passive right to retain, a lien cannot be transferred; [6] it cannot be asserted by a third party to whom possession of the goods is given to perform the same services that the original party should have performed; [7]; and if the chattel is surrendered to the lienor, the lien entitlement is lost forever[g] (except for where the parties agree that the lien shall survive a temporary re -possession by the lienor). A lienee who sells the chattel unlawfully may be liable in conversion as well as surrendering the lien. [9]