HomeMy WebLinkAbout06-13-2011
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, June 13, 2011
Council Chambers, City Hall
Meeting No. 11-11
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:03 p.m. by Mayor Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Will Rossbach, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
James Llanas, Councilmember Present
John Nephew, Councilmember Present
D. APPROVAL OF AGENDA
The following items were added to the agenda by staff and councilmembers:
M1. City Budget Plan Presentation – Mayor Rossbach
N1. Update Dispatch Policy – Councilmember Juenemann
N2. National Night Out – Councilmember Juenemann
N3. North High School Relay for Life – Councilmember Llanas
Councilmember Nephew moved to approve the agenda as amended.
Seconded by Councilmember Koppen. Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. Approval of May 23, 2011, City Council Workshop Minutes
Councilmember Juenemann moved to approve the May 23, 2011, City Council Workshop
Minutes as submitted.
Seconded by Councilmember Llanas. Ayes – All
The motion passed.
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City Council Meeting Minutes
2. Approval of May 23, 2011, City Council Meeting Minutes
Councilmember Nephew moved to approve the May 23, 2011, City Council Meeting Minutes as
submitted.
Seconded by Councilmember Juenemann. Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Resolution of Appreciation for Girl Scout Samantha Nielsen
a. Mayor Rossbach read and presented the resolution of appreciation to Girl Scout
Samantha Nielsen.
b. Girl Scout, Samantha Nielsen addressed the council.
Mayor Rossbach moved to approve the resolution of appreciation for Girl Scout Samantha
Nielsen.
City of Maplewood
Resolution 11-6-580
Commendation for Samantha Nielsen
June 13, 2011
Whereas, the City of Maplewood finds it to be important to recognize the achievements of its
citizens, and
Whereas, our youth are the future leaders of our City, State, and Nation, and
Whereas, the City Council is pleased to learn that Samantha Nielsen chose to pursue the Girl
Scout Gold Award, and
Whereas, Samantha Nielsen is an active member of the Minnesota and Wisconsin River Valley
Girl Scouts, an organization that mentors youth, and
Whereas, the requirements of the Gold Award are only achieved by 5% of all Girl Scouts, and
Whereas, Samantha has completed all the requirements for the Girl Scout Gold Award, the
highest award which can be achieved by a Girl Scout ,by planting an immigrant garden using
plants native to Sweden at the historical Swedish Gammelgarden museum in Scandia Minnesota.
Samantha further designed curriculum and taught children about the native plants and gardening.
The project has taken several years to complete and a large commitment of her personal time,
and
Whereas, the Gold Award develops leadership, responsibility and community involvement, now
therefore
Be it resolved, that the Maplewood City Council does hereby commend Samantha on her
accomplishments, her leadership, and her community involvement, and
Be it resolved, I Mayor, Will Rossbach, as authorized by the Maplewood City Council, do extend
the city’s appreciation and gratitude for the dedication and hard work put forth by Samantha and
her example to other young adults and that the City of Maplewood duly record her
accomplishments.
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City Council Meeting Minutes
_______________________________
Mayor Will Rossbach
Attest: ________________________
Karen Guilfoile, City Clerk
Seconded by Councilmember Juenemann. Ayes – All
The motion passed.
2. Swearing in Ceremony for Assistant Chief/EMS Michael Mondor
a. Maplewood Fire Chief Steve Lukin introduced Assistant Chief/EMS Michael Mondor.
b. City Clerk, Karen Guilfoile administered the firefighters oath to Michael Mondor.
G. CONSENT AGENDA
1. Councilmember Juenemann moved to approve consent agenda items 1-10.
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 133,214.31 Checks #84358 thru #84399
Dated 05/24/11
$ 346,447.74 Disbursements via debits to checking account
Dated 05/12/11 thru 05/20/11
$ 351,384.85 Checks #84400 thru #84444
Dated 05/26/11 thru 05/31/11
$ 191,766.15 Disbursements via debits to checking account
Dated 05/20/11 thru 05/27/11
$ 694,137.43 Checks #84445 thru #84488
Dated 06/01/11 thru 06/07/11
$ 333,965.35 Disbursements via debits to checking account
Dated 05/26/11 thru 06/03/11
__________________
$ 2,050,915.83 Total Accounts Payable
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PAYROLL
$ 502,740.74 Payroll Checks and Direct Deposits dated 05/27/11
$ 2,818.96 Payroll Deduction check #9984315 thru #9984318
Dated 05/27/11
___________________
$ 505,559.70 Total Payroll
GRAND TOTAL
$ 2,556,475.53
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
2. Consider Approval to Seek Bids for Joy Park Improvements Phase II
Councilmember Juenemann moved to approve that staff seek bids for the Joy Park
Improvements Phase II.
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
3. Approval of Lawful Gambling Temporary Permit for White Bear Avenue Business
Association
Councilmember Juenemann moved to approve the resolution for the lawful gambling temporary
permit for the White Bear Avenue Business Association at the Ramsey County Fair Grounds,
th
2020 White Bear Avenue, Maplewood on July 13, 14, 15 16, and 17, 2011.
RESOLUTION 11-6-581
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary
premise permit for lawful gambling is approved for White Bear Avenue Business Association, PO
Box 9328, North St Paul, MN 55109 to be used on July 13, through July 17, 2011 at The Ramsey
County Fair Grounds, 2020 White Bear Avenue, Maplewood, MN 55109.
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 license 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.
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
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4. Consider Approval of Fund Transfer to Close CoPar Project Fund 05-08
Councilmember Juenemann moved to approve a transfer of $20,242.45 from the general fund to
fund #811 for the purpose of closing the fund account and authorize the finance manager to make
the appropriate budget adjustments.
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
5. Approval of Resolution Authorizing Purchase of Insurance Agent Services
Councilmember Juenemann moved to approve the resolution retaining Arthur J. Gallagher and
Company as the insurance agent at a cost of $12,000.
RESOLUTION 11-6-582
BE IT RESOLVED THAT Arthur J. Gallagher and Company be re-appointed as the broker of
record and insurance agent at a cost of $12,000 for the insurance year starting July 1, 2011 and
continuing through June 30, 2012.
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nephew and upon vote being taken thereon, the following voted in favor.
ALL VOTED FOR
and the following voted against the same: NONE
Whereupon said resolution was declared duly passed and adopted.
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood,
Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an
extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly
called and held, as such minutes relate to the re-appointment of Arthur J. Gallagher and
Company as the broker of record and insurance agent for the City of Maplewood starting July 1,
2011 through June 30, 2012.
______________________________
City Clerk
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
6. Approval of Carsgrove Meadows Area Street Improvements, City Project 08-10,
Resolution Approving Final Payment and Acceptance of Project
Councilmember Juenemann moved to approve the resolution for the Carsgrove Meadows Area
Street Improvements, City Project 08-10, approving final payment and acceptance of the project.
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RESOLUTION 11-6-583
APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT
CITY PROJECT 08-10
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
Improvement Project 08-10, the Carsgrove Meadows Area Street Improvements, and has let a
construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the City Engineer for the City of Maplewood has determined that the
Carsgrove Meadows Area Street Improvements, City Project 08-10, is complete and
recommends acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that
1. City Project 08-10 is complete and maintenance of these improvements is accepted by
the city; and the final construction cost is $1,904,736.00. Final payment to Miller
Excavating, Inc., Incorporated, and the release of any retainage or escrow is hereby
authorized.
th
Approved this 13 day of June 2011.
Seconded by Councilmember Nephew. Ayes –All
The motion passed.
7. Approval of Parking Lot Light Pole Replacements for City Campus
Councilmember Juenemann moved to approve spending city funds of $12,845 from 101-115-000-
4410 Repair and Maintenance of Buildings for parking lot light pole replacements for the city
campus.
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
8. Approval of Uniform Contract with G&K
Councilmember Juenemann moved to approve the five year contract to match the State contract
pricing for $38,638 over the five year contract for city departments using G&K Services.
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
9. Approval of Maplewood Community Center Court Area Lighting Installation
Councilmember Juenemann moved to approve the stimulus project using the vendors for a total
amount of $37,447.29. The project account number for tracking setup by Finance is 120907-
0030-0280.
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
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10. Approval of Resolution to Maintain Statutory Tort Liability Limits
Councilmember Juenemann moved to approve the resolution to not waive the monetary limits on
municipal tort liability established by Minnesota Statutes 466.04.
RESOLUTION 11-6-584
A RESOLUTION TO MAINTAIN THE STATUTORY TORT LIMITS
FOR LIABILITY INSURANCE PROPOSED
WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance
Trust has asked the City to make an election with regards to waiving or not waiving its tort liability
established by Minnesota Statutes 466.04; and
WHEREAS, the choices available are; to not waive the statutory limit, to waive the limit
but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance
to a new level;
NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council does hereby
elect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04; and,
that such election is effective until amended by further resolution of the Maplewood City Council.
Adopted by the City Council of the city of Maplewood, Minnesota at a regular meeting held
June 13, 2011.
ATTEST:
_____________________________ ______________________________
Karen E. Guilfoile, City Clerk William Rossbach, Mayor
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
H. PUBLIC HEARING
None.
I. UNFINISHED BUSINESS
1. Approval of Myth Nightclub Shared Parking Agreement with 3000 White Bear Avenue
a. Senior Planner, Tom Ekstrand gave the report and answered questions of the council.
b. Myth Nightclub Owner, Mike Miranowski addressed and answered questions of the
council.
c. City Attorney, Alan Kantrud addressed and answered questions of the council.
Councilmember Koppen moved to approve the shared parking agreement between the owners of
the Myth Nightclub and the Plaza 3000 shopping center to allow the Myth to utilize 200 parking
spaces for their needs. Approval of this agreement is subject to the review and approval by the
(the following change or addition is
city attorney and the owner of the Myth doing the following:
in bold and underlined.)
1. Posting each entrance to the Myth parking lot with the name and location of the overflow
parking lots.
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City Council Meeting Minutes
2. Arranging for Ramsey County Sheriff officers to patrol each parking lot (on site and off site).
3. Providing parking attendants to be stationed at each parking lot (on site and off site).
4. Providing parking attendants to direct traffic to overflow parking lots.
5. Make sure to clean up each parking lot (on site and off site) within 12 hours of the conclusion
of a Myth event where overflow parking was utilized.
6. Submit any future shared-parking agreements to the city staff for approval and adjustment of
the maximum allowed occupancy. All agreements shall be subject to approval by the city
attorney.
7. Assure that the maximum allowed occupancy shall be 4,400 persons (dependent upon
providing enough parking spaces to support this number), which includes all Myth staff and
personnel, unless that number is revised by the fire marshal. The presence of staff and
personnel will always factor into the total allowed occupancy regardless of whether shared
parking is a factor or not.
8. Assure that any future parking agreements shall be for a minimum of one year.
9. Notify the city in writing within 90 days if either party in a parking agreement wishes to
terminate the agreement.
10. The applicant shall provide a revised parking agreement between himself and the
owner of the Plaza 3000 stating that the Myth will provide shuttle service between the
Myth and the Plaza 3000 and provide on-site security at the Plaza 3000 during events
when the Plaza 3000 parking lot is used by the Myth. This parking easement language
revision shall be approved by the city attorney.
Seconded by Councilmember Llanas. Ayes – Mayor Rossbach,
Councilmember’s Koppen,
Llanas & Nephew
Nay
– Councilmember Juenemann
The motion passed.
J. NEW BUSINESS
1. Approval of Conditional Use Permit for Auto Sales by Fleet Associates, Inc. at 2495
Maplewood Drive
a. Senior Planner, Tom Ekstrand gave the report and answered questions of the council.
b. Planning Commissioner, Tushar Desai gave the planning commission report.
The council requested an amendment to the CUP resolution which is stricken in the resolution.
Councilmember Nephew moved to approve the resolution approving a conditional use permit to
operate a used car sales business from 2495 Maplewood Drive at the Maple Leaf Ridge Business
Center. Approval is based on the findings required by ordinance and subject to the following
(deletions are stricken).
conditions:
June 13, 2011 8
City Council Meeting Minutes
CONDITIONAL USE PERMIT
RESOLUTION 11-6-585
WHEREAS, Chris and Diane Johnson, of Fleet Associates, Inc. applied for a conditional use
permit to operate a used car sales business.
WHEREAS, Section 44-512(5) of the city ordinances requires a conditional use permit to store,
lease or sell used motor vehicles. Further, code requires that these activities not occur closer than
350 feet to residential property.
WHEREAS, this permit applies to the property located at 2495 Maplewood Drive. The legal
description is:
W. H. HOWARD’S GARDEN LOTS EX STH 61-1 N 85 FT OF LOT 3.
W. H. HOWARD’S GARDEN LOTS EX STH 61-1 AND EX N 85 FT LOT 3.
WHEREAS, the history of this conditional use permit is as follows:
1. On May 17, 2011, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning
commission gave everyone at the hearing a chance to speak and present written statements.
The planning commission also considered the report and recommendation of city staff. The
planning commission recommended that the city council approve this permit.
2. On June 13, 2011, the city council considered reports and recommendations of the city staff
and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity
with the City's Comprehensive Plan and this Code.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause no more than minimal adverse environmental effects.
June 13, 2011 9
City Council Meeting Minutes
Approval is subject to the following conditions:
1.All construction shall follow the site plan approved by the city. Staff may approve
minor changes.
2. The proposed use must be substantially started within one year of council approval or the
permit shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The applicant shall not park any vehicles from their for-sale inventory any closer than 350 feet
of the westerly property line as required by ordinance.
5. The applicant shall not park more than five vehicles from their for-sale inventory outside on
the site.
6. The applicant shall not use any attention-getting displays on vehicles that are parked outside
such as flags, banners, signs (painted or otherwise), etc.
The Maplewood City Council approved this resolution on June 13, 2011.
Seconded by Councilmember Koppen. Ayes – All
The motion passed.
2. Approval of Seventh Street East and Ferndale Street Right-of-Way Vacations, 2505
Minnehaha Avenue East
a. Senior Planner, Tom Ekstrand gave the report and answered questions of the council.
b. Planning Commissioner, Tushar Desai gave the planning commission report.
Councilmember Juenemann moved to approve the resolution. This resolution is for the vacation
of the Seventh Street East and Ferndale Street right-of-ways. The reasons for the vacation are
as follows:
VACATION RESOLUTION 11-6-586
WHEREAS, the City of Maplewood, applied for the vacation of the following:
Block 16, vacated East Seventh Street and vacated Ferndale Street, originally dedicated as
Seventh St. and Union Ave., respectively, all in THE UNION CEMETERY, according to the
recorded plat thereof, Ramsey County, Minnesota. (Said THE UNION CEMETERY being the
Southwest Quarter of the Southeast Quarter of Section 25, Township 29 North, Range 22 West).
WHEREAS, the history of this vacation is as follows:
1. On May 17, 2011, the planning commission held a public hearing. The city staff published
a notice in the Maplewood Review. The planning commission gave everyone at the
hearing a chance to speak and present written statements.
2. On June 13, 2011, the city council considered reports and recommendations from the city
staff and planning commission.
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WHEREAS, after the city approves this vacation, public interest in the property will go to
the following property:
Beginning at the northeast corner of said Southwest Quarter of the Southeast Quarter; thence
westerly, along the northerly line of said Southwest Quarter of the Southeast Quarter, on an
assumed bearing of South 89 degrees 52 minutes 00 Seconds West a distance of 543.21 feet;
thence South 55 degrees 08 minutes 00 seconds East a distance of 278.95 feet; thence North 89
degrees 52 minutes 00 seconds East a distance of 265.53 feet; thence northeasterly a distance
of 66.31 feet along a non-tangential curve, concave to the southeast, having a radius of 55.70
feet, a central angle of 68 degrees 12 minutes 35 seconds and a chord that bears North 49
degrees 56 minutes 58 seconds East; thence southeasterly a distance of 47.37 feet along a non-
tangential curve, concave to the southwest, having a radius of 72.50 feet, a central angle of 37
degrees 26 minutes 05 seconds and a chord that bears South 78 degrees 26 minutes 23 seconds
East; thence North 40 degrees 36 minutes 25 seconds East, not tangent to said curve, a distance
of 27.83 feet; thence South 49 degrees 23 minutes 35 seconds East a distance of 40.06 feet;
thence North 89 degrees 52 minutes 00 seconds East a distance of 76.61 feet; thence North 13
degrees 14 minutes 59 seconds East to the north line of said Lot 1; thence westerly, along the
north line of said Lot 1, to the east line of said Southwest Quarter of the Southeast Quarter;
thence northerly to the point of beginning and there terminating.
NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described
vacation for the following reasons:
It is in the public interest since;
1. The city is not using the right-of-way for a public street.
2. The right-of-way is not needed for street access purposes as the adjacent
properties have street access at other points.
This approval is subject to:
1. Comply with the requirements contained within Assistant City Engineer Steve Love’s
report dated April 7, 2011.
2. All legal descriptions must be approved by staff.
The Maplewood City Council passed this resolution on June 13, 2011.
Seconded by Councilmember Koppen. Ayes – All
The motion passed.
K. VISITOR PRESENTATIONS
1. Joe Fox, representing the Ramsey County Fair, Maplewood.
2. Ted Gooder, Maplewood.
3. Mark Bradley, Maplewood.
4. Dave Schelling, Maplewood.
5. Bob Zick, North St. Paul.
L. AWARD OF BIDS
None.
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City Council Meeting Minutes
M. ADMINISTRATIVE PRESENTATIONS
1. City Budget Plan Presentation
a. Assistant City Manager, Public Works Director, Chuck Ahl gave a report on the 2012 City
Budget Plan and answered questions of the council.
N. COUNCIL PRESENTATIONS
1. Update Dispatch Policy
– Councilmember Juenemann
Councilmember Juenemann gave a report on the Dispatch Policy Committee including costs
of equipment and replacement program. Also the status of 911 use on cellular phones
including that approximately 72% of the 911 calls that have come into the dispatch center this
year have been made on cell phones.
2. National Night Out
– Councilmember Juenemann
Councilmember Juenemann gave a report on National Night Out which is Tuesday, August 2,
2011. Councilmember Juenemann encouraged citizens to schedule a neighborhood get
together.
3. North High School Relay for Life
– Councilmember Llanas
Councilmember Llanas gave a report. Last month approximately 600 students participated in
the relay for life and over 500 students from North High School raised money for the
American Cancer Society.
O. ADJOURNMENT
Mayor Rossbach adjourned the meeting at 9:01 p.m.
June 13, 2011 12
City Council Meeting Minutes
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Date: June 13 2010 Time: 7:00 p.m.
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