HomeMy WebLinkAbout02-13-2006Q
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, February 13, 2006
Council Chambers, City Hall
Meeting No. 06-03
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to
order at 7:00 P.M. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor
Present
David Bartol, Councilmember
Present
Erik Hjelle, Councilmember
Present
Kathleen Juenemann, Councilmember
Present
Will Rossbach, Councilmember
Present
APPROVAL OF AGENDA
Mayor Longrie moved to approve the agenda as amended.
M1. Workshop
M2. Rush Line Corridor Task Force
M3. Locate Task Force
M4. Reconsideration of Mapletree CUP
M5 Update RWSC Commission
M6. Petition Update
M7. Class B City Update
M8. Presidents Visit
M9. Special Election Reminder
M10. Mayor's Forum
Seconded by Councilmember Bartol Ayes -All
APPROVAL OF MINUTES
Minutes from the January 23, 2006 Council/Manager Workshop
Councilmember Juenemann moved to approve the minutes from the January 23, 2006
Council/Manager Workshop as submitted.
Seconded by Councilmember Hjelle Ayes -All
2. Minutes from the January 23, 2006 City Council Meeting
Councilmember Bartol moved to approve the draft of the January 23, 2006 City Council
Meeting as amended. The minutes will be revised as requested and brought back to the
February 27th City Council Meeting for final approval.
Seconded by Councilmember Juenemann Ayes -All
City Council Meeting 02-13-06
F. VISITOR PRESENTATIONS
John Thein, Superintendent of School District 623 introduced himself to council and thanked
the various city employees for their continued assistance to, and support of, the school district.
2. Kevin Schmidt, 1800 Phalen Place, Maplewood, was present to discuss fair campaign practices.
3. Judith Johannessen, addressed the council about the petition submitted at the January 23 d City
Council Meeting.
4. Paul Nolan, 498 East Roselawn, addressed a typo on a staff report and questioned what
prompted the petition Ms. Johannessen presented.
5. Dean Wohlhuter, 1024 Marnie Street South, referred to campaign literature from one of the
candidates about water quality.
6. Dave Hafner, 1037 Marnie Street, expressed concern about councilmembers who have been
former City Commissioners and Boardmembers.
7. Richard Dawson, 1630 Summit, St. Paul Park didn't feel visitor presentations was the forum for
people to discourage residents to vote for a particular candidate.
G. APPOINTMENTS/PRESENTATIONS
City Engineers Association of Minnesota Project of the Year Award — Maplewood Mall
Area Transportation Improvements
a. City Engineer Ahl presented the report.
Mayor Longrie accepted the plaque on behalf of the city which will be posted in the lobby of
the Public Works building.
2. Resolution of Appreciation — Eric Ahlness
a. City Manager Fursman presented the report.
b. Planner Roberts presented specifics from the report.
Mayor Longrie moved to adopt the following resolution of appreciation for Erik Ahlness for his
years of service on the Maplewood Planning Commission:
JOINT RESOLUTION OF APPRECIATION 06-02-024
WHEREAS, Eric Ahlness has been a member of the Maplewood Planning Commission
since September 27, 2004, and has served faithfully in that capacity to the present time; and
WHEREAS, the Planning Commission has appreciated his experience, insights and good
judgment and
WHEREAS, he has freely given of his time and energy, without compensation, for the
betterment of the City of Maplewood; and
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WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership, time and effort for the benefit of the City.
NOW, THEREFORE, ITIS HEREBY RESOL VEDfor and on behalf of the City of
Maplewood, Minnesota and its citizens, that Eric Ahlness is hereby extended our heartfelt
gratitude and appreciation for his dedicated service, and we wish him continued success in the
future.
Seconded by Councilmember Rossbach Ayes -All
3. Planning Commission Appointments
a. City Manager Fursman presented the report.
b. Mayor Longrie presented specifics from the report.
Mayor Longrie moved to appoint Gary Pearson, Michael Grover and Harlan Hess to the
Maplewood Planning Commission.
Seconded by Councilmember Rossbach Ayes -All
4. Community Design Review Board Appointments
a. City Manager Fursman presented the report.
b. Mayor Longrie presented specifics from the report.
Mayor Longrie moved to appoint John Hinzman, Ananth Shankar and Joel Schurke to the
Maplewood Community Design Review Board.
Seconded by Councilmember Rossbach Ayes -All
CONSENT AGENDA
Councilmember Rossbach moved to adopt consent agenda items 1-5, 7-9, 12-14, and 16-17.
Seconded by Mayor Longrie Ayes -All
Mayor Longrie moved to adopt consent agenda item 6.
Seconded by Councilmember Juenemann Ayes -All
Mayor Longrie moved to adopt consent agenda item 10.
Seconded by Councilmember Juenemann Ayes -All
Mayor Longrie moved to adopt consent agenda item 11.
Seconded by Councilmember Juenemann Ayes -All
Mayor Longrie moved to adopt consent agenda item 15.
Seconded by Councilmember Juenemann Ayes -All
Mayor Longrie moved to adopt consent agenda item 18.
City Council Meeting 02-13-06
Seconded by Councilmember Rossbach Ayes -All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 53,091.58 Manual Checks # 69062
dated 01/17/06
$ 902,296.67 Checks #69063 thru #69105
dated 01/20/06 thru 01/24/06
$ 290,985.67 Disbursements via debits to checking account
dated 01/13/06 thru 01/19/06
$ 119.00 Manual Checks #69106 thru #69107
dated 01/25/06
$ 8.90 EFT # 69108
dated 01/31/06
$ 459,185.95 Checks # 69109 thru # 69153
dated 01/31/06
$ 119,700.75 Disbursements via debits to checking account
dated 01/20/06 thru 01/26/06
$ 3,875.00 Manual Checks # 69154 thru # 69155
dated 01/27/06 thru 01/30/06
$ 295,966.80 Checks # 69156 thru # 69207
dated 02/07/06
$ 3,406,352.78 Disbursements via debits to checking account
dated 01/27/06 thru 02/02/06
$ 5,531,583.10 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 691, 813.34 01/27/06
$ 2,284.75 Payroll Deduction check # 104013 thru # 104012
dated 01/27/06
City Council Meeting 02-13-06 4
$ 694,098.09 Total Payroll
$ 6,225,681.19 GRAND TOTAL
2. Amendment to School District 622 Cooperative Facility Use Agreement
Adopted an amendment to the School District 622 Cooperative Facility Use Agreement.
3. Amendment to School District 623 Cooperative Facility Use Agreement
Adopted an amendment to the School District 623 Cooperative Facility Use Agreement.
4. Maplewood Fire Relief Association Bylaw Addition
Adopted the new bylaw "Article XVII -Dissolution" for addition into the Maplewood Firefighters'
Relief Association Bylaws.
5. Animal Control Contract
Accepted the 2006 contract from Animal Control Services, Inc.
6. Donation from Schmelz Countryside
Accepted the donation of $2,500.00 from Schmelz Countryside Volkswagen.
7. Annual License Lawful Gambling - Merrick, Inc. (Garrity's)
Adopted the following resolution approving the Gambling Resolution Merrick Companies to
operate at Garrity's at 1696 White Bear Avenue:
RESOLUTION 06-02-015
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
premises permit for lawful gambling is approved for Merrick Companies to operate at Garrity's,
1696 White Bear Avenue, Maplewood, Minnesota.
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.
8. Annual License Lawful Gambling - Merrick, Inc. (The Rock)
Adopted the following resolution approving the Lawful Gambling License for Merrick Companies
to operate at The Rock at 2029 Woodlynn Avenue.
City Council Meeting 02-13-06
RESOLUTION 06-02-021
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises
permit for lawful gambling is approved for Merrick Companies to operate at The Rock, 2029 Woodlyn
Avenue, Maplewood, Minnesota.
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.
9. St. Paul Monastery -Temporary Liquor License
Approved the temporary liquor permit for Carol Rennie on behalf of the St.Paul Monastery at
2675 Larpenteur Avenue.
10. Planning Commission's 2005 Annual Report
Accepted the Planning Commission's 2005 Annual Report.
11. Conditional Use Permit Review — Woodhill (Dahl Avenue, south of Linwood Avenue)
Moved to approve the CUP for Woodhill again on April 24, 2006 to ensure the developer has
paid the engineering escrow fees and has corrected the problems noted in the cease and desist
order.
Bruce Nedegaard, the developer, Nedegaard Custom Homes, addressed the council.
12. Conditional Use Permit Review — Maplewood Public Works Facility (1902 County Road B)
Approved to review the conditional use permit for the Maplewood Public Works building at 1902
County Road B East again in one year.
13. Conditional Use Permit Review — Heritage Square First Addition (Kennard Street and Legacy
Parkway)
Approved to review the CUP for Heritage Square again in one year.
14. County Road D Extension, West of Highway 61 — City Project 02-08 — Resolution for
Modification of Existing Construction Contract, Change Orders Nos. 2, 3 and 4
Adopted the following resolution directing the modification of the existing construction contract,
Change Order Nos. 2, 3 and 4 (T.A. Schifsky Contract) for the County Road D West
Improvements (TH 61 to Walter Street), City Project 02-08:
City Council Meeting 02-13-06
RESOLUTION 06-02-022
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 02-08, CHANGE ORDER Nos. 2, 3 and 4
(T.A. Schifsky Contract)
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement
Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), 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 02-08, Change Order No. 2, 3 and 4, (T.A. Schifsky
Contract), as an increase to said contract by an amount of $42,111.00, such that the new contract amount is
now and hereby established as $724,323.93
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. 2, 3 and 4 as a contract
increase in the amount of $42,111.00. The revised contract amount is $724,323.93.
No revisions to the project budget are proposed at this time, as these changes fall within the
revised project budget approved by the city council on December 12, 2005.
15. Joint Powers Agreement with the State of Minnesota for Removal of Diseased Elm Trees on the
Gateway Trail
Approved the Minnesota Joint Powers Agreement (CFMS Contract No. A85324) so that the City
may be reimbursed by the State of Minnesota for the removal of diseased elm trees on the
Gateway Trail:
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
This agreement is between the State of Minnesota, acting through its Commissioner of Natural Resources, the
Director of Trails and Waterways and the City of Maplewood.
Recitals
Under Minn. Stat. §§ 84.026 and 471.59, subd. 10, the State is empowered to engage such assistance as
deemed necessary. The State is in need of timely removal of diseased trees on the Gateway Trail within the
city limits of Maplewood. The Public Works unit of the City of Maplewood has identified the diseased trees and
removal is required by statute. The Department of Natural Resources, Division of Trails and Waterways does
not have staff availability to remove the trees, so the City of Maplewood will remove the trees.
Agreement
1 Term of Agreement
1.1 Effective date: January 23 2006„or the date the State obtains all required signatures under
Minnesota Statutes Section 16C.05, subdivision 2, whichever is later.
1.2 Expiration date: March 31, 2006, or until all obligations have been satisfactorily fulfilled, whichever
occurs first.
2 Agreement between the Parties
The City of Maplewood will remove the trees identified and listed in "Exhibit A". The cost of removal is
estimated at 12,557.42. Due to unknown factors associated with tree removal, the cost may exceed the
estimate. If the cost is expected to exceed the estimate, the City of Maplewood must notify the DNR of the
reason and the amount of the additional cost. The maximum allowable additional costs shall not exceed
$1200.00
City Council Meeting 02-13-06
3 Payment
The total obligation of the State under this agreement will not exceed $14,000.
4 Authorized Representatives
The State's Authorized Representative is Daniel K. Breva, Supervisor, Area 3B DNR Trails and Waterways,
651 772 - 7937, or his/her successor.
The Governmental Unit's Authorized Representative is William Priefer, Public Works Department, City of
Maplewood, MN, 651 249 - 2406. The "Governmental Unit" is defined as the City of Maplewood.
5 Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under
this agreement without the prior consent of the State and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this agreement, or their
successors in office.
5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it
has been executed and approved by the same parties who executed and approved the original
agreement, or their successors in office.
5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the
provision or its right to enforce it.
5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and
the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may
be used to bind either party.
6 Liability
The Governmental Unit will indemnify, save, and hold the State, its agents, and employees harmless from
any claims or causes of action, including attorney's fees incurred by the State, arising from the
performance of this agreement by the Governmental Unit or the Governmental Unit's agents or employees.
This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's
failure to fulfill its obligations under this agreement.
7 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting
procedures and practices relevant to this agreement are subject to examination by the State and/or the
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this
agreement.
8 Government Data Practices
The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all
data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit
under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to
in this clause by either the Governmental Unit or the State.
If the Governmental Unit receives a request to release the data referred to in this Clause, the
Governmental Unit must immediately notify the State. The State will give the Governmental Unit
instructions concerning the release of the data to the requesting party before the data is released.
9 Venue
Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or
federal court with competent jurisdiction in Ramsey County, Minnesota.
City Council Meeting 02-13-06
10 Termination
10.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or
without cause, upon 30 days' written notice to the other party.
10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it
does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be
continued at a level sufficient to allow for the payment of the services covered here. Termination must be
by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that
are provided after notice and effective date of termination. However, the Governmental Unit will be entitled
to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds
are available. The State will not be assessed any penalty if the agreement is terminated because of the
decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must
provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's
receiving that notice.
16. Purchase of Asphalt Pothole/Tack Trailer
Approved entering into a contract with Stepp Manufacturing Inc. for the purchase of the
pothole/tack trailer unit at a cost of $21,976.28.
17. Change Order #3-Applewood Park
Approved Change Order #3 in the amount of $446 to eliminate erosion potential due to a
regrading of the hillside.
18. League of Women Voter's Candidate Forum
Approved the League of Women Voter's Candidate Non -Partisan Forum to be held in council
chambers February 15, 2006 at 7:00 p.m.
I. PUBLIC HEARINGS
None
J. AWARD OF BIDS
Maplewood Community Center Pool Slide Access Stairs
a. City Manager Fursman presented the report.
b. Chief Building Engineer Farr presented specifics from the report.
Councilmember Rossbach moved to award the low bid of $29,950 be awarded for the
improvement of the MCC pool steps and that the money be allocated from the Community
Center Operations Fund.
Seconded by Councilmember Juenemann Ayes -All
K. UNFINISHED BUSINESS
Purchasing Policies and Procedures
a. City Manager Fursman presented the report.
b. Finance Director Faust presented specifics from the report.
City Council Meeting 02-13-06
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Councilmember Rossbach moved to approve the addition of a policy stating an individual who is in
the position to be making sales of a product to the city may not be involved in the transaction of the
sale and establishing a procedure requiring two bids prior to a purchase.
Seconded by Councilmember Hjelle
Councilmember Rossbach withdrew his motion.
Councilmember Hjelle moved to table this item and directed the City Attorney and staff to establish
a purchasing policy addressing employment issues and defining what ownership interest means
with regard to that purchasing policy.
Seconded by Councilmember Rossbach
Ayes -All
Establish a Public Policy, by Resolution, Calling for a Written Policy for Fire Department Burns
a. City Manager Fursman presented the report.
b. Chief Lukin presented specifics from the report.
c. Fire Marshall Gervais introduced Jean Lawry with the Boy Scouts Explorer's program who
spoke about the program and insurance coverage of participants.
Councilmember Longrie moved to dire(
with develooina the oolicv for Live Fire
Seconded by Councilmember Juenemann
Charitable Gambling Policy
review the applicable insurance policies and to
rte;+.. r�„, 1—H RA—+;r
Ayes -All
a. City Manager Fursman presented the report and provided specifics
b. City Attorney Ramberg answered council questions.
Mayor Longrie moved to ensure that the policy regarding Charitable Funds Gambling Funds
Disbursement Policy is in compliance with State Law, directed the City Manager to work with the
City Attorney in reviewing the state statutes that govern this policy and to analyze the policy and
brina back to council in one month (April).
Seconded by Councilmember Hjelle Ayes -All
Public Works Building Expansion — City Project 03-19 — Approve Changes to Construction
Contract
a. City Manager Fursman presented the report.
b. City Engineer AN presented specifics from the report.
c. Jeff Oertel, the project manager with Oertel Architects, was present for council questions.
Mayor Longrie moved to approve the final contract revision with Jorgenson Construction, Inc.
the Public Works Buildina Expansion in the amount of $2.171.810 and authorized the finance
Seconded by Councilmember Juenemann Ayes -All
City Council Meeting 02-13-06
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5. Process for Personnel Policy Revisions
a. City Manager Fursman presented the report.
b. Human Resource Director Le presented specifics from the report.
Councilmember Hjelle moved to direct the city to staff to adopt a policy that any changes in city
Policy be distributed to all employees and subsequent employee handbooks issued to
employees includes all changes by addendum.
Seconded by Councilmember Bartol Ayes -All
NEW BUSINESS
1. Park Dedication Rates
a. City Manager Fursman presented the report.
b. Peter Fischer, Chair of the Parks and Recreation Commission provided specifics of the
report.
Councilmember Juenemann moved to adopt the proposed 2006 park availability charge rates.
Seconded by Councilmember Bartol Ayes -All
2. Ramsey County Library Design Approval (3025 Southlawn Drive)
a. City Manager Fursman presented the report.
b. Senior Planner Ekstrand presented specifics from the report.
c. Boardmember Olson presented the Community Design Review Board Report.
d. Jay Biedny, project manager with Ramsey County, was present to answer council
questions.
e. Tim Carl, HGA Designs, the architect for the project, addressed the council.
Mayor Longrie moved to extend the meeting until agenda items are completed.
Motion died for lack of a second
Councilmember Juenemann moved to extend the meeting until 11:45.
Seconded by Councilmember Rossbach
Motion Failed
Ayes-Councilmember Bartol and Juenemann
Nays -Mayor Longrie, Councilmembers Hjelle
and Rossbach
City Manager Fursman announced to visitors that this would be the last item addressed for
the evening. The meeting will reconvene at 5:00 p.m. on Thursday, February 16tH
f. The following person was heard:
Richard McCain, 1825 Radatz, Maplewood
g. Boardmember Olson presented the Community Design Review Board report.
h. Susan Nemitz, Director of the Ramsey County Library addressed the book drop-off and
other council question.
City Council Meeting 02-13-06
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Councilmember Rossbach moved to approve the plans for the Ramsey County Library date-
stamped December 12, 2005. Approval is subject to the applicant complying with the following
conditions:
1. Repeat this review in two years if the applicant has not applied for a building permit by
that time.
2. Signage is not approved. The applicant must submit a comprehensive sign plan for
review and approval by the community design review board. According to the approved
planned unit development requirements, ground signs shall be limited to 12 feet in height.
3. Comply with all requirements of Erin Laberee, the assistant city engineer, and those
listed in her report Engineering Plan Review dated February 10, 2006. This includes entering
into a developer's agreement with the city detailing the responsibility of the developer regarding
construction of public infrastructure such as the sidewalks and storm sewers.
4. The plan appears to, but the applicant shall make sure that it meets the requirements of
the city's wetland protection ordinance.
5. All roof and ground -mounted mechanical equipment must be screened according to the
requirements of the planned unit development and city code.
6. As required by the planned unit development, the applicant must enter into a
development agreement with the city to dedicate a trail along the south side of the property.
The applicant shall be responsible for building this trail and the sidewalk along Southlawn Drive
and any others deemed necessary by the city engineer. The applicant must either obtain a trail
easement to build the southerly trail off of their site or they must relocate the trail onto their
property. In either case, the applicant must provide dedicated trail easements for this trail as
well as the sidewalk along Southlawn Drive. The city engineer should review and approve the
trail dedication documents as well as the plans for a sidewalk along the west side of Southlawn
Drive. Staff shall determine whether there is a trail easement on the abutting property to the
south to accommodate the proposed southerly trail. The council wants the trail to be located on
the abutting Birch Run Station property, if at all possible, in order to save additional trees.
7. Additional overstory trees shall be added along the Southlawn Drive frontage to meet a
maximum spacing of 30 to 40 feet as required by the planned unit development.
8. The amur maple trees shall be substituted with another similar ornamental tree.
9. Before a building permit is issued, the two lots comprising this site shall be combined
into one legally -described parcel.
10. The applicant must get approval from the owner of Birch Run Station and the City of
Maplewood for use of the Birch Run Station rear driveway for access to the library delivery
doors. If the applicant cannot obtain these approvals, they must revise the site plan for staff
approval. This must be worked out before the issuance of a building permit.
11. The parking lot and driveway shall have concrete curb and gutter.
12. Parking stall drive -aisle dimensions and parking stall sizes shall comply with city code
requirements.
13. All new turf areas must be equipped with an in -ground lawn irrigation system. The City
Council retains the right to require the installation of an in -ground irrigation system as
determined by staff through future inspections of the landscaping.
City Council Meeting 02-13-06 12
14. The building placement and site grading must comply with the wetland ordinance and
cause no ground disturbance within 25 feet of the wetland delineation line. The building must
be at least 35 feet from the wetland delineation line at its closest point.
15. The director of community development may approve minor changes to these plans.
Major changes must be submitted to the design review board for approval.
16. The applicant must work with staff to determine the best and most functional location of
the main entrance driveway.
17. Zinc may be used for the exterior instead of copper.
Seconded by Councilmember Hjelle Ayes -All
Mayor Longrie adjourned the meeting at 11:27 p.m.
The meeting reconvened at 5:00 p.m. on Thursday, February 16, 2005.
3. Resolution of Support for Interconnect Project
a. City Manager Fursman presented the report.
b. City Engineer AN presented specifics from the report.
c. Dave Schuler, Chief Engineer for the project, presented further specifics of the report.
Councilmember Rossbach moved to adopt the following resolution supporting the interconnect
project between St. Paul Regional Water Services and Minneapolis Water:
RESOLUTION 06-02-023
SUPPORT FOR WATER SYSTEM INTERCONNECT PROJECT
WHEREAS, the City of Maplewood has executed a Joint Powers Agreement with St.
Paul Regional Water Services (SPRWS) to provide potable water to nearly 70% of the City's
residents, and
WHEREAS, a project to provide an alternate supply of finished drinking water between
the Minneapolis Water and the Saint Paul Regional Water Services systems has been provided
for consideration by the Maplewood City Council, and
WHEREAS, Saint Paul Regional Water Services provides the citizens of Maplewood with safe,
reliable drinking water and has done so for many years, and
WHEREAS, SPRWS operates a well-designed, efficiently -operated and internally -redundant
system, and
WHEREAS, SPRWS is not totally protected from natural or manmade disasters, and the
likelihood of such an incident is extremely remote, but the effects of a long-term interruption
would be dramatic, and
WHEREAS there are 20 metropolitan cities that the Saint Paul and Minneapolis systems serve,
which is over 25% of the population in the State of Minnesota relying on these systems to
provide an uninterrupted supply of water for their everyday needs.
City Council Meeting 02-13-06 13
M.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of
Maplewood does hereby express our strong support for the State of Minnesota Department of
Health's request for $10 million in State bonding.
Seconded by Councilmember Juenemann Ayes -Council members Bartol, Hjelle,
Juenemann and Rossbach
Nays -Mayor Longrie
COUNCIL PRESENTATIONS
Wetland Workshop-Councilmember Juenemann announced that a Wetland Workshop will be
held on February 23 from 6:30 p.m. to 8:30 p.m. at the Gladstone Station. An information flyer
is available on the city website.
2. Rush Line Corridor Task Force-Councilmember Rossbach presented a report on the last Rush
Line Corridor meeting.
3. Locate Task Force-Councilmember Rossbach was asked to be an alternate for the Locate Task
Force and provided a report from the last meeting.
4. Reconsideration of the Maple Tree Conditional Use Permit-Councilmember Bartol requested
reconsideration of the Maplewood Tree CUP.
The City Attorney responded to Mayor Longrie's question about the requirements regarding
Public Hearings whenever a CUP is up for review or being reviewed.
Councilmember Bartol withdrew his request to reconsider the CUP for Maple Tree.
Mayor Longrie requested Mr. Brandt's attorney Tom Skovechski address the council.
The action that was taken serves to not change the conditions of the conditional use permit. The
CUP is for the twelve boys to be at the residence, but under the old conditions which has the
more restrictive language stating: the City Council shall review this permit in one year or
immediately if there are two criminal offenses related to the facility or to its residents.
5. Update Ramsey County Commission Meeting-Councilmember Hjelle noted the comments from
the meeting were rendered not relevant to the city.
6. Petition Update -Mayor Longrie thanked Ms. Judith Johannessen for bringing forth her petition at
the previous council meeting. Mayor Longrie provided a summary on discussions that have
occurred and an update on the resolution of the issues addressed by the petition. The petition
references the internal investigation initiated by our City Manager, Mr. Fursman, to look into two
incidences where some individuals, off duty paid -per -call fire fighters and private citizens,
stuffed campaign literature into envelopes at one of the fire stations while watching a football
game.
The resulting investigation addressed 3 areas of concern:
Employee policy regarding political activity by an employee. It was discussed, and the City
Manager, Mr. Fursman, confirmed at our Council meeting on January 23, 2006 that he took
actions and has reprimanded 2 employees pursuant to the employee policies in the employee
policy handbook in connection with the results of the investigation. Since Maplewood is a Class
B City, the City Manager is the person who makes, and is responsible for, the management of
the City employees, City employee reprimands and City employee matters - not the Council.
City Council Meeting 02-13-06 14
City Council policy regarding the prohibition of campaigning at City Hall or on municipal
Property. The reference to Section 14 of the Rules of Procedure for City Council and Council
Meetings, as stated in the initial investigation, has been corrected in a subsequently amended
investigation report to include only that policy that has been adopted by the City Council and not
a proposed version. At our January 23, 2006 City Council meeting it was discussed and
confirmed by our City Attorney, Mr. Patrick Kelly, that while there may be a City Council policy in
place, it is not enforceable because a policy is not law. As a result of this discussion, it was
discovered that what Maplewood does not have an ordinance which governs the use of
municipal property for campaigning. An enacted ordinance would be law and would be
enforceable. If Maplewood had an ordinance regarding the use of municipal property for
campaigning or for political activity, it would be equally enforceable for all people in the
community, incumbents, challengers, private citizens, City employees. It would create constant
application and enforceability to all individuals.
Possible Statute 44 violations prohibiting political activity by civil service employees. At the
January 23, 2006 City Council meeting our City Attorney, Mr. Patrick Kelly, stated that Statute
44 pertaining to civil service employees does not apply to Maplewood's paid -per -call firefighters
and that if Statute 44 does not apply to Maplewood's pay -per -call firefighters then there would
not or could not be possible campaign violations under Statute 44 as outlined in the internal
investigation.
Additionally, Mayor Longrie apologized to Ms. Johannessen on behalf of the City, the Council,
and the staff for fact that the original petition has been misplaced. She explained everyone has
looked high and low for the original petition and thanked Ms. Johannessen for bringing in a copy
of the original petition and placing it on file with the City Clerk. Mayor Longrie stated "We
support and encourage individuals to submit petitions to the Council and we fully support each
and every person's First Amendment Right to petition their government. That is what
democracy is all about."
Councilmember Rossbach read the following statement into the public record:
We have a situation in Maplewood that we need to resolve. It is my belief that the situation is
mostly political in nature; however, there is an underlying issue of violations of city policy and
state statutes regarding the election process. This situation needs to reach a conclusion. It has
already resulted in accusations in the media which try to place blame on others, and efforts to
confuse the issue. There have been accusations of efforts to block discussion of the issue at
our meetings and a parade of citizens, on both sides, making efforts to discredit council
members and cause embarrassment. This issue, I believe, is splitting this council, the city
employees and the citizens of Maplewood. We need to bring the issue to a conclusion. I
believe that our ability to work together as a council will be impaired and that the citizens will
work to support or discredit council members until we resolve this issue.
I have tried on two occasions to work with councilperson Hjelle to resolve it. I chose to talk to
him because he seemed to be the central figure in the issue. We could not come to an
agreement that was satisfactory to both of us. Since the council meeting on Monday night, I
have spent time considering what the obstacles are that prevent us from working together to
resolve the issue. My conclusion is obvious: we are not working together. As a matter of fact,
it is my belief that we are working hard against each other.
I have stated on two occasions before that we must reach a conclusion, and that we cannot try
to judge ourselves. We also cannot have any member of the city staff involved in the process. I
still believe this is true.
City Council Meeting 02-13-06 15
I believe that we are all reacting to this situation in the normal fashion. The normal response if
you feel that you are being attached is to defend yourself. We need to move beyond this
approach. As the leaders of the community, I believe that we must lead by example. To this
end, I will take the first step. I ask to be thoroughly investigated as to any actions I have taken
or statements I have made which may have been in violation of any city policies or state
statutes pertaining to elections. At this time I am aware of the following accusations against me:
One, I rode on a city fire truck in the White Bear Avenue Parade during a period of time after I
had filed for election as mayor. Two, I participated at a Maplewood Historical Society
Halloween Hoedown wearing a grape costume. Third, I sent out a letter to approximately 100
people in late July or August asking people to consider Dale Trippler as a candidate for council
in the upcoming special election. If there are additional accusations, I ask that they be brought
forward to be investigated. Ido not believe that/ have violated any policies or laws with these
actions. However/ am not capable of judging myself. If I have been in violation, then/ want to
know and I want others to know so they can avoid these situations. I wish to issue a sincere
apology to any council persons, staff or citizens that I have hurt or criticized during this situation.
I will not seek to defend myself and will fully cooperate in any investigation. If I am found to be
guilty of any violation, I will not appeal or argue the issue. Instead, I will accept whatever
penalty is imposed.
I would ask that all members of this council and any new council person elected on February
28th to take this position.
7. President's Visit -Mayor Longrie discussed the President's visit and the honor it was to have him
visit the City of Maplewood. Mayor Longrie also thanked the Police and Fire Departments for
doing an outstanding job during the President's visit.
8. Class B City Update -Mayor Longrie addressed rumors that she has heard about employee job
security. She explained with a Class B city structure, the City Manager is the only one with the
authority to hire and fire city staff.
9. League of Women Voter's Forum -Mayor Longrie thanked the League of Women Voter's for
sponsoring the candidate's forum which is now in rebroadcast. The forum was held for the
special election on February 28, 2006.
10. Mayor's Forum -In Mayor Longrie's absence, Councilmember Juenemann will be presiding over
the March 4th Mayor's Forum.
N. ADMINISTRATIVE PRESENTATIONS
Candidates Forum -City Manager Fursman announced the Chamber of Commerce is sponsoring
a Candidates Forum at the Best Western in Maplewood on Friday, February 24, 2006, at 7:30
a. m.
2. Ballot Question -City Manager Fursman explained the liquor license question on the ballot for the
February 28, 2006 election.
O. ADJOURNMENT
Mayor Longrie adjourned the meeting at 6:27 p.m.
City Council Meeting 02-13-06 16
� l �✓ C�21 LC� ��
We have a situation in Maplewood that we need to resolve. It ism y belief that the
situation is mostly political in nature, however there is an underlying issue of violations
of city policy and state statutes regarding the election process. This situation needs to
reach a conclusion. It has already resulted in accusations in the media which try to place
blame on others, and efforts to confuse the issue. There have been accusations of efforts
to block discussion of the issue at our meetings and a parade of citizens, on both sides,
making efforts to discredit council members and cause embarrassment. This issue, I
believe, is splitting this council, the city employees and the citizens of Maplewood. We
need to bring the issue to a conclusion. I believe that our ability to work together as a
council will be impaired and that the citizens will work to support or discredit council
members until we resolve this issue.
I have tried on two occasions to work with councilperson Hjelle to resolve it. I chose to
talk to him because he seemed to be the central figure in the issue. We could not come to
an agreement that was satisfactory to both of us. Since the council meeting on Monday
night, I have spent time considering what the obstacles are that are preventing us from
working together to resolve the issue. My conclusion is obvious: we are not working
together. As a matter of fact, it is my belief that we are working hard against each other.
I have stated on two occasions before that we must reach a conclusion, and that we
cannot try to judge ourselves. We also cannot have any member of the city staff involved
in the process. I still believe this is true.
I believe that we are all reacting to this situation in a normal fashion. The normal
response if you feel that you are being attacked is to defend yourself. We need to move
beyond this approach. As the leaders of the community, I believe that we must lead by
example. To this end, I will take the first step. I ask to be thoroughly investigated as to
any actions I have taken or statements I have made which may have been in violation of
any city policies or state statutes pertaining to elections. At this time I am aware of the
following accusations against me: One, I rode on a city fire truck in the White Bear
Avenue Parade during a period of time after I had filed for election as mayor. Two, I
participated at a Maplewood Historical Society Halloween Hoedown wearing a grape
costume. Third, I sent out a letter to approximately 100 people in late July or August
asking people to consider Dale Trippler as a candidate for council in the upcoming
special election. If there are additional accusations, I ask that they be brought forward to
be investigated. I do not believe that I have violated any policies or laws with these
actions. However, I am not capable of judging myself. If I have been in violation, then I
want to know and I want others to know so they can avoid these situations. I wish to
issue a sincere apology to any council persons, staff or citizens that I have hurt or
criticized during this situation.
I will not seek to defend myself and will fully cooperate in any investigation. If I am
found to be guilty or any violation, I will not appeal or argue the issue. Instead, I will
accept whatever penalty is imposed.
I would ask that all members of this council and any new council person elected on
February 28 to take this position.
-7 v
02/13/2006 MON 16:59 FAX 651 464 8456 North Pine Aggregate &02/002
NORTH PINE AGGREGATE, INC.
14551 LAKE DRIVE
FOREST LAKE, MINNESOTA 55025
Office (651)464-6802 FAX (651)464-8456
February 13, 2006
Re: Wetland work at Woodhill in Maplewood
Bruce
I spoke with Erin Laberee at the City of Maplewood this afternoon; she is going to set up
a meeting with The City of Maplewood, The Watershed and myself, We should be able
to make a plan of how to proceed at this meeting. Due to the mild winter we should be
able to move on this project nearly immediately.
Our schedule would be as follows:
Week of 2/20/06 — Meet with City/Watershed to make a plan
2/20/06 to 3/15/06 — Clear trees, begin and complete grading, build new overflow,
dormant seed and mulch all disturbed areas.
I think this work can easily be accomplished in the 3-4 week time period and probably
sooner depending on the weather and site conditions. Because of the sensitive nature of
this area we will have to pick and choose our days so we do not make a bigger mess then
what we already have.
Please call me with any questions or comments.
Sincerely,
B Je e