HomeMy WebLinkAbout05-08-2006Q
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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
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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.
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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.