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HomeMy WebLinkAbout05-08-2006Q B C. I, E. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 8, 2006 Council Chambers, City Hall Meeting No. 06-13 CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 7:00 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember APPROVAL OF AGENDA M1. Recycling M2. Waterfest M3. City Manager Hiring Process M4. Gladstone M5 Sexual Predator Ordinance M6. Update Mayor's Forum M7. South Leg Meeting Present Present Present Present Present Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Cave APPROVAL OF MINUTES 1. April 18, 2006 Special Meeting M8. Social Supper M9. Attracting New Business M10. Environmental Committee to be recognized by Ordinance M11. Reviving HRA Ordinance M12. CCHT M13. Recognition of George Rossbach M14. Public Hearings Ayes -All Mayor Longrie moved to approve the minutes from the April 24, 2006 Special Meeting as amended. Seconded by Councilmember Hjelle Ayes -All 2. April 24, 2006 Council/Manager Workshop Councilmember Juenemann moved to approve the minutes from the April 24, 2006 Council/ Manager Workshop as presented. Seconded by Councilmember Hjelle Ayes -All City Council Meeting 05-08-06 3. April 24, 2006 City Council Meeting Councilmember Cave moved to approve the minutes from the April 24, 2006 City Council Meeting as amended. Seconded by Councilmember Hjelle Ayes -All F. VISITOR PRESENTATIONS Dan Brinkman, 2117 Southwind Drive, Maplewood, suggested council address traffic on Beebe Road and requested parking on only one side (east side) of the road during sporting events. Mr. Brinkman also commented on the necessity of, and time frame for, the reconstruction or overlaying of Beebe Road. 2. Ron Cockriel, 943 Century Avenue, Maplewood, spoke about the Rails and Trails program, open space, the Schlomka property and redevelopment. 3. David Bartol, 1249 Frisbee Avenue, Maplewood, commented on the city budget and property taxes. G. APPOINTMENTS/PRESENTATIONS Building Safety Week - 2006 a. Chief Lukin presented the report. b. Mayor Longrie read the following resolution of proclamation into the record: RESOLUTION 06-05-050 PROCLAMATION BUILDING SAFETY WEEK MAY 7-13, 2006 Whereas, through our continuing attention to building safety, we enjoy the comfort and peace of mind of structures that are safe and sound; and, Whereas, building safety and fire prevention officials are at work year round to guide the safe construction of buildings; and, Whereas, the dedicated members of the International Code Council, including building safety and fire prevention officials, architects, engineers, builders and others in the construction industry, develop and enforce codes to safeguard Americans in the buildings where we live, work, play and learn; and, Whereas, the International Codes, the most widely adopted building safety and fire prevention codes in the nation, are used by most U.S. cities, counties and states. These modern, building safety codes also include safeguards to protect the public from natural disasters that can occur, such as hurricanes, snowstorms, tornadoes, wildfires and earthquakes; and, Whereas, Building Safety Week, sponsored by the International Code Council Foundation, is an excellent opportunity to educate the public. It is a perfect time to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in protecting lives and property; and, Whereas, this year's theme, "Building a Safer World Together," encourages all Americans to raise our awareness of building safety. Everyone can take appropriate steps to ensure that the places where we live, work, play and learn are safe. Countless lives have been saved because of the building safety codes adopted and enforced by local and state agencies; and, City Council Meeting 05-08-06 Whereas, this year, as we observe Building Safety Week, we ask all Americans to consider projects to improve building safety at home and in the community, and to recognize the local building safety and fire prevention officials and the important role that they play in public safety. Now, therefore, it is hereby proclaimed that May 7 through May 13, 2006, is Building Safety Week in Maplewood. Accordingly, our citizens are encouraged to join their fellow Americans in participating in Building Safety Week activities and assisting efforts to improve building safety. Councilmember Juenemann move to adopt the above resolution with special thanks to the Building and Planning and Fire Department staff. Seconded by Mayor Longrie H. CONSENT AGENDA Ayes -All Councilmember Juenemann moved to approve consent agenda items 1-4 and 6. Seconded by Councilmember Hjelle Ayes -All Councilmember Juenemann moved to approve consent agenda item 5. Seconded by Councilmember Hjelle Ayes -All Councilmember Cave moved to approve consent agenda item 7. Seconded by Councilmember Juenemann Ayes -All Mayor Longrie moved to approve consent agenda item 8 & 9. Seconded by Councilmember Hjelle Ayes -All Approval of Claims ACCOUNTS PAYABLE: $ 145,838.51 Checks # 69751 thru # 69792 dated 04/25/06 $ 5,660,478.63 Disbursements via debits to checking account dated 04/14/06 thru 04/20/06 $ 1,082,254.59 Checks # 69793 thru # 69843 dated 4/21/06 thru 5/02/06 $ 338,432.02 Disbursements via debits to checking account dated 4/21/06 thru 4/27/06 $ 7,227,003.75 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 565, 723.20 04/21/06 City Council Meeting 05-08-06 $ 2,284.75 Payroll Deduction check # 104902 thru 104903 dated 04/21/06 $ 568,007.95 Total Payroll $ 7,795,011.70 GRAND TOTAL 2. Approve Sewer Use/Connection Agreement with the City of Woodbury -North of Highwood Avenue Approved the following sewer use/connection agreement with the City of Woodbury, and authorized the appropriate budget change in the Sewer Fund to reimburse Woodbury for sewage treatment costs: SEWER USE/CONNECTION AGREEMENT This agreement, made and entered into this day of , 2006, by the City of Maplewood (hereinafter "Maplewood"), a municipal corporation of the State of Minnesota and the City of Woodbury (hereinafter "Woodbury"), a municipal corporation of the State of Minnesota. RECITALS 1) WHEREAS, Maplewood has requested permission from Woodbury to connect a portion of its public sanitary sewer system to the Woodbury sanitary sewer system for the purpose of transporting sanitary sewage from Maplewood's Sewer District 51(W), and the following agreement is intended to reflect the mutual understanding and agreement to accomplish this purpose. 2) WHEREAS, Maplewood and Woodbury understand and agree that the additional sanitary sewer use shall require an increase to the rate to be paid by Maplewood as a part of the parties joint sewer use. NOW, THEREFORE, in consideration of the mutual covenants and promises made herein, the parties agree as follows: SECTION 1 TERMS 1) Woodbury does hereby grant permission to Maplewood to connect Maplewood's sanitary sewer conveying sanitary sewage from Maplewood's Sewer District 51(W), the New Century Development, to the Woodbury sewer system east of Century Avenue South. 2) The Maplewood sewer system to be connected to the Woodbury sewer system shall be used solely for the purpose of conveying sanitary sewage, and Maplewood shall not permit or allow any storm water runoff to be connected to the sewer system. City Council Meeting 05-08-06 3) Maplewood and Woodbury shall each be responsible for the maintenance and repair of their respective sanitary sewer systems. Maplewood agrees to hold harmless, indemnify, and defend Woodbury from any and all claims for damages to persons or property arising from intentional misuse or negligent use, operation, or maintenance of the sewers that are owned and maintained by Maplewood and authorized to be connected to the Woodbury sewer system pursuant to this agreement. Woodbury agrees to hold harmless, indemnify, and defend Maplewood from any and all claims for damages to persons or property arising from intentional misuses or negligent use, operation, or maintenance of the sewers that are owned and maintained by Woodbury. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 4) It is agreed between the parties hereto that the Metropolitan Council Environmental Services (MCES) shall estimate the amount of sanitary sewage attributable to the Maplewood properties hereby authorized to be connected to this Woodbury sewer system and shall accordingly charge Maplewood for its proportionate cost of sewage treatment, conveyance, and related costs in its annual billings. Woodbury and Maplewood shall cooperate with and provide all necessary information to the MCES so as to permit the proper billing to Maplewood and credit to Woodbury for this sewer use. SECTION 2 BILLING Woodbury shall maintain the sanitary sewer lines from the Maplewood connection to the Metropolitan Council Environmental Services (MCES) interceptor that consists of 1,221 feet of 12 inch line on Century Avenue South from the Maplewood connection to Courtly Road, then 1,133 feet of 12 inch line from Courtly Road to the 24 inch line south of Lake Ridge Townhomes to 814 feet of 24 inch line from the manhole south of Lake Ridge Townhomes to the MCES interceptor. Maplewood shall pay $200.00 per year to Woodbury for said maintenance to be performed on a cleaning schedule of once every four years. The charge to Maplewood represents one-half of the cost to perform said maintenance. Woodbury shall submit an annual bill to Maplewood before March 1St of each year. This charge shall be annually adjusted on the anniversary date of this agreement to reflect a proportional increase commensurate with the same percentage increase experienced by the City of Woodbury for its sanitary sewer annual operating budget increase using 2006 as the base year. City Council Meeting 05-08-06 For major maintenance, such as repairing or replacing the Woodbury sanitary sewer line (pipe) or manholes, Maplewood and Woodbury will participate in the cost, including preliminary engineering, detailed design and inspection, in proportion to the estimated daily volume of flow originating from each City as prepared by Metropolitan Council Environmental Services. SECTION 3 DURATION This agreement shall be in force and in effect from , 2006. Upon mutual consent of Maplewood and Woodbury, this agreement may be amended and/or terminated at any time. Each party will be liable for its share of costs as described in this Agreement in the billing cycle incurred to of the date of the termination. After such termination, the parties shall have no further obligation or responsibility under this agreement. Upon 60 day written notice Maplewood may unilaterally terminate this agreement if Maplewood has completely disconnected from the Woodbury sanitary sewer line and provides proof of the disconnection to Woodbury. SECTION 4 MEETINGS Maplewood, through its Public Works Department or designee, agrees to meet at the request of Woodbury should any issues arise under this Agreement. The purpose of said meetings shall be to discuss issues which affect the substantive rights of the parties under this Agreement. The time and place of any such meeting, hereunder, shall be determined by the parties with reasonable notice to one another. The parties retain the right to conduct meetings through other electronic means as is acceptable to both parties. SECTION 5 AGREEMENT SUBJECT TO DATA PRACTICES ACT This agreement shall be subject to the Minnesota Data Practices Act, at Minnesota Statutes Chapter 13, comparable provisions and Federal law. City Council Meeting 05-08-06 SECTION 6 MEDIATION OF DISPUTES Any and all disputes between the parties under and concerning this agreement, including its formation and the entering into the clause itself, shall be subject to mediation. The dispute shall be submitted to a mediator selected and agreed upon by the parties within thirty (30) days. In the event that the parties cannot agree to a mediator, a mediator shall be chosen by the Chief Judge of the Ramsey County District Court. The costs of the mediation shall be equally divided between the parties. SECTION 7 COMPLETENESS OF THE AGREEMENT This document contains all the terms and conditions of this Agreement, and any alterations or variations of the terms of this Agreement shall be invalid unless made in writing and signed by the parties. There are no other understandings, representations or agreements, written or oral, not incorporated herein. If any part of this Agreement is declared null and void by law, the remaining paragraphs of said agreement shall be valid. SECTION 8 CONTROLLING LAW This Agreement is made pursuant to Minnesota State law and Minn. Stat. § 471.59 (Joint Exercise of Powers). In the event of a dispute, the laws of the State of Minnesota shall be controlling. IN WITNESS WHEREOF, the parties have executed this Agreement on this day of '2006 3. Approve Waterfest Appropriations for 2006 Authorized the appropriations for Waterfest. Funds are available in the storm sewer maintenance budget. Staff will provide City Council with a follow-up summary of Waterfest by July 15, 2006. 4. Approve Purchases for Kenwood Area Street Improvement Project, City Project 05-16 Authorized the purchase of services form Pipe Services Corporation, American Engineering Testing, Inc. and Hugo's Tree Care that are required for the completion of the Kenwood Area Street Improvement Project, City Project 05-16. City Council Meeting 05-08-06 5. Approve Contract for Services for City Hall Campus Plan — Phase 11 Authorized the approval of the City Hall Campus Plan Phase II for contract services with Bonestroo, Rosene, Anderlik & Associates, Inc. (not to exceed $14,000). 6. Temporary Gambling License and 3.2% Beer Permit at Ramsey County Fair Adopted the following temporary gambling resolution for the Ramsey County Fair: RESOLUTION 06-05-051 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for St. Paul East Parks Lions Club. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 7. Maplewood Community Center Request for Proposal for Food Catering Services Adopted the request for proposal for food catering services for the Maplewood Community Center effective January 1, 2007. 8. Joint Powers Agreement -Tanners Beach -City of Oakdale Authorized staff to enter into an agreement with the City of Oakdale for Tanners Beach. 9. Joint Powers Agreement -Bellaire Beach -White Bear Lake Township Authorized staff to enter into an agreement with White Bear Township for Bellaire Beach. I. PUBLIC HEARINGS 8:00 p.m. Code Amendment— Noise Control Ordinance (First Reading) a. Senior Planner Ekstrand presented the report. b. Commissioner Trippler presented the Planning Commission report. C. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following person was heard: David Schelling, 1955 Greenbrier Street, Maplewood d. Mayor Longrie closed the public hearing. Councilmember Juenemann moved to approve the following first reading of the proposed changes to the noise -control ordinance with staff conducting a survey of other cities focusing on the definition of excessive noise and other inclusions in their ordinance: City Council Meeting 05-08-06 ORDINANCE NO. 869 AN ORDINANCE AMENDING THE NOISE -CONTROL REQUIREMENTS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: DIVISION 3. NOISE CONTROL Section 1. Section 18-111. Prohibition generally; exception. (additions are underlined and deletions are crossed out): (a) At no time shall any N-9 person &hel4 make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes such person's enjoyment of property or affects such person's property values. if the event or aGtivity is cnnncnFed by the pity OF is a thnrizor! anal hac a permit fpr 6 inh aGtiVity ir,6 led by the pity +hic nrnhihitinn apes nn+ apply, The Thisgeneralnoise prohibition stated above shall always be in effect, however, any excessive noise during the following hours of noise prohibition shall be strictly enforced. Ts PA-+ l�zR-d- byshe 6peGifiG roc+riGtinn of (b) of this se6+Rr—There shall be no excessive noise or disturbance °n" „ielatinn of+hic nonoral prnhihitinn between the hours of 7:00 p.m. and 7 a.m. Monday through Saturday and all day Sundays averse . .....inn of this `Ji.,icinn. These hours of noise prohibition apply to construction, business, institutional and residential activities. (b) Exceptions. 1) This ordinance allows the following types of noise -generating activities that are necessary and typically occur in all parts of the city during daylight hours, but not before 7 a.m.: lawn mowing, the use of landscape -maintenance equipment, power tools, etc. All forms of snow clearing may be permitted anytime due to necessity. 2) If there is an event or activity that is sponsored by the city, or a Party has a permit for a noise -generating activity issued by the city, the prohibition noted in paragraph (a) does not apply. (c) Repetitive or continual noises, that may not be audibly loud, may be equally disturbing. Such noises shall also be prohibited. (d) The city manager may waive the requirement in subsection (a) of this section where the activity would not cause a nuisance and where the proposed activity would not be within 350 feet of a residential use. The city manager's decision may be appealed to the city council. A .Nithin 2-50 foot of _a roci`Jon+i�l i ice must ho approver! by the ,.ity ,.n,'Aril If an appeal is filed, the The property owners within 350 feet of the proposed activity shall be notified of the waiver request at least ten days before the council meeting. A list of the property owners, certified by an abstract company or the county abstract office, shall be submitted with the waiver request. Section 2. Section 18-112. Construction activities. All construction activities, including the use of any kind of electric, diesel or gas -powered machine or other equipment, shall be subject to this division. A copy of this division shall be attached to each construction permit issued by the city. The applicant for the permit shall be required to sign the copy, acknowledging that he has read and understood it, before a permit can be released. Section 3. Section 18-113. Enforcement. (a) Police department authority. The police department shall enforce this division. The police department may inspect private premises other than private residences and shall make all reasonable efforts to prevent violations of this division. City Council Meeting 05-08-06 (b) Civil remedies. This division may be enforced by injunction, action for abatement or other appropriate civil remedy. (c) Noise impact statements. The council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the council. It shall evaluate each such statement and take the evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. (d) Criminal penalties. Every person who violates any section of this division is guilty of a misdemeanor and shall, upon conviction, be in accordance with section 1-15. Each act of violation and each day a violation occurs or continues constitutes a separate offense. Section 4. This ordinance shall take effect after publishing in the official newspaper. Seconded by Councilmember Cave Ayes -All 2. 8:42 p.m. Code Amendment– Accessory Structures and Garages (First Reading) a. Senior Planner Ekstrand presented the report. b. Commissioner Trippler provided the Planning Commission report. C. City Attorney Ramberg provided a legal prospective on variances. d. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following persons were heard: None e. Mayor Longrie closed the public hearing. Mayor Longrie moved to approve the following first reading of the Code Amendment – Accessory Structures and Garages with a change in item c to read: The city council may approve an increase in height or area by conditional use permit. However, the maximum area of any one building shall not exceed the maximum area allowed for the attached garage in subsection (a) of this section and the height shall not exceed the height of the house. ORDINANCE NO. 870 AN ORDINANCE AMENDING ACCESSORY -BUILDING REQUIREMENTS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. Section 44-114. Accessory Buildings. (additions are underlined and deletions are crossed out): (a) The areas of accessory buildings on a lot in an R-1 residence district shall be limited to the areas in the following table: Detached Buildings Attached Garages Combination of Without an Attached Without Detached Detached and Attached Lot Areas (sq. ft.) Garage Garage Buildings Garage* Buildings Under 8,000 768 768 1,188 8,000-11,999 1,000 1,000 1,420 City Council Meeting 05-08-06 10 12,000-15,999 1,000 1,000 1,480 16,000-20,999 1,100 1,100 1,660 21,000-41,999 1,250 1,250 1,850 42,000+ 1,250 (garages) 1,250 2,500 1,000(all other accessory buildings) *The total area of all detached accessory buildings shall not exceed the areas in column R4 M. *The total of all attached garages shall not exceed the areas in column {3} (2). (b) A private garage shall not exceed 16 feet in height asviewed from the street as measured from grade. (c) The city council may approve an increase in height or area by conditional use permit. I-I^wever, the (a) of this ser--tie.p and the height sh—all not exrveed the height of the hA1 Be. (d) Detached garages shall not include living space. No commercial use of a garage shall occur unless authorized by the city council. Seconded by Councilmember Rossbach with a friendly amendment to use the following staff recommendation for item c: The city council may approve an increase in height or area by conditional use permit. I-I^wever, the (a) of this ser--tie.p and the height sh—all not exrveed the height of the Ihn- -69. Ayes- All 3. 9:07 p.m. Objection Hearing: Kenwood Area Street Improvements, C.P. 05-16: Resolution for Adoption of Revised Assessment Roll a. City Engineer Ahl presented the report. b. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following persons were heard: Joseph Cote, 1942 Lee Street, Maplewood James Pomroy, 200 Kenwood Drive East, Maplewood C. Mayor Longrie closed the public hearing. Councilmember Juenemann moved to adopt the following resolution approving adjustments to the assessment roll for the Kenwood Area Street Improvements: RESOLUTION 06-05-052 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 24, 2006, the assessment roll for the Kenwood Area Street Improvements, City Project 05-16, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, fourteen property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Susan and Oakley Surine, 1995 West Kenwood Drive (PIN 172922140022): The Oakleys disagree with the 2 -unit assessment that has been applied to their lot. They request their assessment be reduced to a 1 -unit assessment. City Council Meeting 05-08-06 11 2. Shirley Skelton, 2075 Greenbrier Avenue (PIN 172922120044): Ms. Skelton requests her assessment be deferred as it presents a financial hardship. 3. Arlene Vian, 675 Roselawn Avenue (172922130015): Ms. Vian is a senior citizen and has indicated that the proposed assessment will create a financial hardship. She requests a senior citizen deferment. She also requests that the 2 -unit assessment applied to her property be revised to a 1- unit assessment. 4. Ronald Rygwalski, 2086 Edgerton Street (172922120028): Mr. Rygwalski objects to the commercial storm sewer assessment rate that was applied to the front footage of his commercial property. He also requests a senior citizen deferment. 5. Joseph Cote, 1942 Lee Street (172922130016): Mr. Cote is a senior citizen. He has indicated that the proposed assessment will create a financial hardship and requests a senior citizen deferment. 6. Kim Dean, 108 Kenwood Drive East (172922410067): Ms. Dean requests her assessment be deferred as it presents a financial hardship. 7. James and Joanne Roehl, 785 Kenwood Lane (172922140003): Mr. and Mrs. Roehl request their assessment be revised. They were assessed in 1991 for watermain improvements. They believe they have paid for street and sewer improvements and request their assessment be revised. 8. Shirley A. Nelson, 2242 Payne Avenue (082922430005): Ms. Nelson is requesting a senior citizen deferment and revision of assessment. 9. Shirley Blomstrand, 1990 Kenwood Dr. E (172922140090): Ms. Blomstrand requests a cancellation and revision of the proposed assessments to her property. She was assessed 2 street units and 2 storm sewer units due to her sub -dividable property. 10. Rodney Schmidt, 1958 Kenwood Dr. West (172922140047): Mr. Schmidt is requesting the deferral of the 2nd unit assessment proposed to his property. 11. Leland Wolf and Maureen Frazer, 734 East Viking Drive, (082922440026): Mr. Wolf and Ms. Frazer originally requested a senior citizen deferment. They called Erin Laberee on April 21, 2006 requesting a change to their original objection and asked for a cancellation of the assessment due to disabilities and fixed income. 12. Jennifer John, 728 East Viking Drive, (82922440027): Ms. John requests a deferral and cancellation of the assessment due to financial hardship. 13. James L. Pomroy, 200 Kenwood Drive East, (172922410063): Mr. Pomroy requests a revision and cancellation to his assessment from 2 units to 1 unit as he has no immediate plans to subdivide his property. 14. Dave and Michael Nelson, 689 Skillman, (172922120034): Dave and Michael Nelson are objecting the full street reconstruction assessment applied to their property. They indicated in a survey that they did not want concrete curb on the street in front of their property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Kenwood Area Street Improvement, Project 05-16: City Council Meeting 05-08-06 12 1. Susan and Oakley Surine, 1995 West Kenwood Drive (PIN 172922140022): Grant deferral of second unit assessment, without interest, until such time property is developed. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 2. Shirley Skelton, 2075 Greenbrier Avenue (PIN 172922120044): Grant senior citizen deferment, subject to receipt of necessary documents to be approved by the city engineer. 3. Arlene Vian, 675 Roselawn Avenue (172922130015): Grant senior citizen deferment, subject to receipt of necessary documents to be approved by the city engineer. Grant deferral of second unit assessment, without interest, until such time property is developed. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 4. Ronald Rygwalski, 2086 Edgerton Street (172922120028): Grant cancellation of assessment as the maintenance work proposed in Oehrlines Lake has been delayed until 2007. 5. Joseph Cote, 1942 Lee Street (172922130016): Grant senior citizen deferment, subject to receipt of necessary documents to be approved by the city engineer. 6. Kim Dean, 108 Kenwood Drive East (172922410067): Grant deferment, subject to receipt of necessary documents to be approved by the city engineer. 7. James and Joanne Roehl, 785 Kenwood Lane (172922140003): Deny revision of assessment as benefit to the property is received. In 1991 the Roehls' property was assessed for water main and a water service. Street improvements were not assessed to the property at that time. The 1991 assessment is attached. 8. Shirley A. Nelson, 2242 Payne Avenue (082922430005): Grant senior citizen deferment, subject to receipt of necessary documents to be approved by the city engineer. Deny revision of assessment as benefit is received to the property. 9. Shirley Blomstrand, 1990 Kenwood Drive E (172922140090): Grant deferral of second unit assessment, without interest, until such time property is developed. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 10. Rodney Schmidt, 1958 Kenwood Drive West (172922140047): Grant deferral of second unit assessment, without interest, until such time property is developed. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 11. Leland Wolf and Maureen Frazer, 734 East Viking Drive, (082922440026): Grant senior citizen deferment, subject to receipt of necessary documents to be approved by the city engineer. Deny cancellation of assessment as benefit is received to the property. 12. Jennifer John, 728 East Viking Drive (82922440027): Grant deferment, subject to receipt of necessary documents to be approved by the city engineer. Deny cancellation of assessment as benefit is received to the property. 13. James L. Pomroy, 200 Kenwood Drive East (172922410063): Grant deferral of second unit assessment, without interest, until such time property is developed. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. Deny cancellation of second unit assessment. 14. Dave and Michael Nelson, 689 Skillman (172922120034): Deny revision of assessment as benefit to the property is received. 15. Michael Ryan, (172922120026): Cancel storm sewer assessment as no benefit is received. City Council Meeting 05-08-06 13 16. Bruce Wold, 2010 Edgerton Street (172922130078): Cancel storm sewer assessment as no benefit is received. 17. John Hatlestad, 2044 Edgerton Street (172922120057): Cancel storm sewer assessment as no benefit is received. 18. Allan Werling, 2054 Edgerton Street (172922120056): Cancel storm sewer assessment as no benefit is received. 19. Myron Bjornstad, 2074 Edgerton Street (172922120051): Cancel storm sewer assessment as no benefit is received. 20. Floyd Erickson, 2094 Edgerton Street (172922120027): Cancel storm sewer assessment as no benefit is received. 21. Michael Ryan, 2160 Edgerton Street (172922120025): Cancel storm sewer assessment as no benefit is received. 22. Michael Ryan, 2166 Edgerton Street (172922120024): Cancel storm sewer assessment as no benefit is received. 23. Michael Ryan, 2170 Edgerton Street (172922120023): Cancel storm sewer assessment as no benefit is received. B. The assessment roll for the Kenwood Area Street Improvements, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2007 and shall bear interest at the rate of 5.9 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2006. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 1, 2006, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 1, 2006, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after November 1, 2006, but no later than November 15th, 2006, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Rossbach Ayes- All J. AWARD OF BIDS None City Council Meeting 05-08-06 14 K. UNFINISHED BUSINESS None L. NEW BUSINESS Easement Vacation (2249 Kenwood Court) a. Senior Planner Ekstrand presented the report. b. Commissioner Trippler presented the Planning Commission report. C. James Tschida, the owner of the property, was present for council questions. Councilmember Rossbach moved to adopt the following resolution for the vacation of part of the drainage and utility easement on the west side of the property at 2249 Kenwood Court: VACATION RESOLUTION 06-05-053 WHEREAS, Mr. James Tschida, the property owner, applied for the vacation of the following: Part of the five -foot -wide drainage easement that is along the west property line of the property at 2249 Kenwood Court described as follows: A five -foot -wide strip of land over, under and across, that part of the existing drainage and utility easement as platted and dedicated in Lot 16, Block 1, Pare Addition, according to the recorded plat thereof, Ramsey County, Minnesota, the westerly line of said strip is described as follows: Commencing at the southwest corner of said Lot 16; thence northerly along the west line of said Lot 16, a distance of 27.00 feet to a point of beginning of the line to be described; thence continue northerly along said west line, a distance of 47.00 feet and said line there terminating. All in Maplewood, Ramsey County, in Section 8, Township 29, Range 22. WHEREAS, the history of this vacation is as follows: 1. On April 17, 2006, the planning commission held a public hearing about this proposed vacation. The city staff published a notice in the paper and sent notices to the surrounding 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 of the city staff. The planning commission recommended that the city council approve the vacation. 2. On May 8, 2006, the city council reviewed this proposal. The council also considered reports and recommendations of the city staff and planning commission. WHEREAS, after the city approves this vacation, the public fee title interest in the property will go to the following described properties: Lot 16, Block 1, Pare Addition (2249 Kenwood Court) (PIN 08-29-22-44-0045) NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: It is in the public interest. 2. The city and the property owner do not need or use the existing easement for utility purposes. City Council Meeting 05-08-06 15 3. The two properties adjacent to the easement have adequate utilities and drainage. This vacation is subject to the property owner: 1. Granting to the city an additional five -foot -wide drainage and utility easement over the east part of the property, subject to the approval of the city engineer. 2. Maintaining the drainage on the west side of their house and garage on their property and within the five -foot -wide easement on the adjacent property. Seconded by Councilmember Cave Ayes -All 2. TH 61 Improvements (Beam to 1-694) — City Project 03-07 — Resolution Approving Change Order No. 1 a. City Engineer Ahl presented the report. Councilmember Juenemann moved to adopt the following resolution directing the modification of the existing construction contract, Change Order No. 1, for the TH 61 and County Road D Court Improvements, City Project 03-7 and increase the project budget by $12, 100: RESOLUTION 06-05-054 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03-07, CHANGE ORDER No. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-07, TH 61 and County Road D Court Improvements as part of a combined project, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-07, Change Order No. 1, as an increase to said contract by an amount of $44,907.30, such that the new contract amount is now and hereby established as $1,698,929.73. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 1 as a contract increase in the amount of $44,907.30. The revised contract amount is $1,698,929.73. A revision to the project budget is required at this time. The Finance Director is hereby directed to increase the project scope by an amount of $12,100 as revenue from the Minnesota Department of Transportation. Seconded by Councilmember Hjelle Ayes -All 3. Roselawn Traffic Issues (35E to Rice) — City Project 05-25 — Approve Contract for Traffic Monitoring a. City Engineer Ahl presented the report. Councilmember Hjelle moved to authorize the City Engineer to retain a traffic consultant at a cost not to exceed $15,000 to investigate and monitor impacts of traffic along Roselawn Avenue between Rice Street and 1-35E and on Jackson Street, and the City Engineer shall report back to the City Council before the second meeting of October 2006. Seconded by Councilmember Rossbach Ayes -All City Council Meeting 05-08-06 16 4. Agenda Order of Business a. City Clerk Guilfoile presented the report. Councilmember Rossbach moved to change the order of business to the following, and to list all public hearings at 7:00 p.m: A. Call to Order B. Pledge of Allegiance C. Roll Call D. Approval of Agenda E. Approval of Minutes F. Visitor Presentations G. Appointments/Presentations H. Public Hearings I. Consent Agenda J. Award of Bids K. Unfinished Business L. New Business M. Council Presentations N. Administrative Presentations O. Adjournment Seconded by Councilmember Cave Ayes -All 5. Intoxicating Liquor Off -Sale License Code Revision a. City Clerk Guilfoile presented the report. Councilmember Rossbach moved to waive the rules of procedure for this code revision that requires two readings of an ordinance when a change is proposed. Seconded by Councilmember Cave Ayes-Councilmember Cave, Hjelle, Juenemann and Rossbach Nay -Mayor Longrie Councilmember Rossbach moved to approve the following intoxicating liquor off -sale code revision: Off -Sale Intoxicating Liquor Licenses -Code Revision 871 Sec. 6-116. Hours of sale. (b) No sale of intoxicating liquor may be made by an off -sale licensee: (1) On Sundays; (2) Before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday; (3) After &QQ p.m. nn MORday thre igh Thursday and 10.00 n Fn nn Friday and Sate irdaw 04 (3) On Thanksgiving Day. {5} On Christmas Day, December 25; or but „., the evrliRg 6 lGh day, RetwithstandiRg ., sal�G'hell he merle eft e- 52:00 n Fn nn (`hri a6E e Denemher 24 City Council Meeting 05-08-06 17 (5) after 8:00 p.m. on Christmas Eve, December 24. Seconded by Councilmember Cave Ayes -All M. COUNCIL PRESENTATIONS Recycling Councilmember Juenemann informed council that Eureka Recycling was at the last Environmental Committee Meeting and will be providing a six month update in early July on the Maplewood Recycling program. Eureka felt the program was going really well within the city and was very impressed with the participation by residents. 2. Waterfest Councilmember Juenemann reminded everyone that Waterfest will be held from 9:30 a.m. to 3:00 p.m. Saturday, May 20th, at the Lake Phalen Pavilion. 3. City Manager Hiring Process Councilmember Rossbach would like to see the hiring process started and a schedule set. Council requested the following from staff: ■ All procedure documentation from the hiring of the last City Manager. ■ Information from other Class B cities regarding the process they follow. ■ Any applicable information available from the League of Minnesota Cities. 4. Gladstone At Councilmember Rossbach's request, Gladstone will be on the June 5, 2006 Council/Manager Workshop agenda. The meeting will be held at 6:00 p.m. in Council Chambers. 5 Sexual Predator Ordinance Councilmember Hjelle stated that the City of Taylors Falls is facing litigation with the MN ACLU regarding their Sexual Predator Ordinance. Mr. Hjelle acknowledged Mayor Longrie, Councilmembers Juenemann, Cave and himself for dodging a potential legal battle by voting down the implementation of a Sexual Predator Ordinance in Maplewood. Councilmember Rossbach noted that the Taylors Falls ordinance had a 2000 foot boundary, which would make it impossible for any offender to live in the city. Councilmember Cave has been in contact with the Jacob Wetterling foundation and will be scheduling a date with them for a town meeting. 6. Update on Mayor's Forum Mayor Longrie reported on the well attended and productive meetings; with approximately 10 people attending each meeting. 7. South Leg Meeting Councilmember Rossbach noted that the next South Leg meeting will be held Thursday, June 22 with further information being available on the city website. City Council Meeting 05-08-06 18 8. Social Supper Mayor Longrie set the next Social Supper for 6:30 p.m. Saturday, June 3 d, at Guldens Restaurant. 9. Attracting New Business Mayor Longrie would like a future discussion held on what the city can do to attract and keep businesses in Maplewood. 10. Environmental Committee to be Recognized by Ordinance Mayor Longrie would like to see the Environmental Committee a standing commission or board and recognized by ordinance. 11. Reviving Housing Redevelopment Authority (HRA) Ordinance Mayor Longrie directed staff to review the HRA ordinance in comparison to State Statute. She felt this may identify differences and beneficial changes needed to the city ordinance such as increasing the members to 7 (allowed by statute) rather than the current 5. 12. Central Community Housing Trust (CCHT) Mayor Longrie ensured that staff has been in contact with CCHT and that the information promised has been received. 13. Recognition of George Rossbach Mayor Longrie announced that a Special Recognition presentation will be made for George Rossbach at the May 22, 2006 City Council Meeting. 14. Public Hearings Councilmember Cave requested future discussion on Public Hearings being held in front of the Council instead of the Planning Commission. Councilmember Hjelle moved to extend the council meeting until all agenda items were addressed. Seconded by Councilmember Cave Ayes -All N. ADMINISTRATIVE PRESENTATIONS Preparation of 2007 Budget -Phase 2 Interim City Manager Copeland provided an overview, and discussion was held, on the planning target for the 2007 Property Tax Levy for the operating budget. 2. Report on Emergency Operations Center (EOC), Staff Training Interim City Manager Copeland asked permission to set a date set for the Mayor and Council (the thinking box of the EOC) to attend an Emergency Operations Center Training Session. 3. Interim City Manager Copeland acknowledged a letter of thanks from Hill Murray School to Police Chief Thomalla for the expeditious resolution to a recent incident at the school. City Council Meeting 05-08-06 19 O. ADJOURNMENT Mayor Longrie adjourned at 11:20 p.m. City Council Meeting 05-08-06 20 2,041 &6rt Memorandum To: City Council From: Greg Copeland, Interim City Manager Re: 2007 Budget — Planning Target for 2007 Property Tax Levy for the Operating Budget Date: May 8, 2007 Management would like the City Council to establish a Planning Target for the Property Tax Levy for the 2007 Operating Budget. The 2006 Operating Budget is $28.7 million and the property tax provides $10,694,480 or 37.2 per cent funding for operations. The Operating Budget's other sources of funding are Special Assessments, Licenses and Fees, Intergovernmental Revenue, Charges for Services, Fines and Penalties and Miscellaneous. In my May 2, 2006 budget memo to department heads I stated that budget requests from the departments should be within the existing property tax levy. Concerns were raised about this planning target being used without specific direction being given by the City Council. Given that the Legislature is still discussing their Tax Bill, and the Supreme Court has not decided the fee vs. a tax lawsuit, on which $317 million in potential property tax relief may or may not be available to cities and other jurisdictions in 2007 Budgets; I did not ask City Council to take an official position on setting a planning target for property taxes. In order that departments continue to proceed with the development of their 2007 budget requests the City Council should consider selecting one of the options below to set a budget planning target: A. Use the current, 2006, rate of property tax levy for the planning target on the 2007 Operations Budget. B. Use the Federal Reserve Bank inflation estimate: the Consumer Price Index, CPI, which is up 3.7 per cent. C. Set a planning target that increases property taxes at some other level 5,6,7,8, 9 or 10 per cent on the basis of accepting current departmental operations spending (no reductions/no changes), plus inflation, plus increased spending for a higher level of new or expanded public services. The departments will develop their budget proposals with the levels of spending you direct us to plan for as we prepare for 2007 Budget Workshops with the City Council. My recommendation is for Option A given the fact that the Legislature is still is session for two weeks at least and the Supreme Court has not ruled on the fee vs. tax case. Department requests are due June 1, 2006 and as you know, in budgeting it is easier to revise your planning target to account for good news... more money from the Legislature, than bad news... a court decision that takes funds off the table. The other point to remember is Ramsey County probably won't have final taxable values computed and available to cities until mid to late August. The budget process is long and complex and much of what we must confront is not of our choosing, but the preparation process must begin and it will at whatever planning target you choose tonight.