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HomeMy WebLinkAbout07-09-2012 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,July09,2012 Council Chambers, City Hall Meeting No.12-12 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at7:02 p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Robert Cardinal, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Marvin Koppen, CouncilmemberPresent James Llanas, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to the agenda: th F1.July 4Celebration ReportM3.Recruiting Firefighters M1.National Night OutM4.Ramsey County Family Service Center M2.Afternoon Theft Councilmember Llanas moved to approve the agenda as amended. Seconded by Councilmember JuenemannAyes–All The motion passed. E.APPROVAL OF MINUTES 1.Approval of June 25,2012City Council WorkshopMinutes Councilmember Juenemannmoved to approve the June 25, 2012City Council Workshop Minutesas submitted. Seconded by Councilmember LlanasAyes–All The motion passed. 2.Approval ofJune25, 2012 City Council MeetingMinutes CouncilmemberLlanasmoved to approve the June 25,2012City Council MeetingMinutes as submitted. Seconded by Councilmember JuenemannAyes–All The motion passed. July 9, 20121 City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS th 1.July 4Celebration Report City Clerk Guilfoile presented the staff report and thanked City staff for all their help in making th the event a success with the return of July 4fireworks. G.CONSENT AGENDA Councilmember Juenemann requested agenda item G3, G6, G7 and G10 be highlighted. Councilmember Juenemannmoved to approve agenda itemsG1-G10. Seconded by CouncilmemberKoppenAyes–All The motion passed. 1.Approval of Claims Councilmember Juenemannmoved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 398,877.19 Checks # 87321 thru # 87369 dated 6/18/12 thru 6/26/12 $ 268,610.64 Disbursements via debits to checking account dated 6/18/12 thru 6/22/12 $ 307,276.93 Checks # 87371 thru # 87460 dated 6/26/12 thru 7/3/12 $ 346,380.54 Disbursements via debits to checking account dated 6/25/12 thru 6/29/12 $ 1,321,145.30 Total Accounts Payable PAYROLL $ 508,184.58 Payroll Checks and Direct Deposits dated 6/22/12 $ 1,956.39 Payroll Deduction check # 9987285 thru # 9987288 dated 6/22/12 $ 510,140.97 Total Payroll $ 1,831,286.27 GRAND TOTAL Seconded by Councilmember KoppenAyes–All The motion passed. July 9, 20122 City Council Meeting Minutes 2.Approval of Resolution Certifying Election Judges for the August 14, 2012 State and Federal Primary Election Councilmember Juenemannmoved toApprove the Resolution Certifying Election Judges for the August 14, 2012 State and Federal Primary Election. RESOLUTION 12-7-761 ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2012 Primary Election to be held on Tuesday, August 14, 2012. Abeyratne, PriaConnolly, ColleenGebauer, Victor Achmeier, KevinCoyle, JimGerlach, Barbara Gerten, John Ahl, ChuckCoyle, Rose D'Arcio, IndiaGerten, Judy Ahrens, Fran Aikens, MeridithDeeg, EdwardGipple, Kristine Delveaux, JayGlissendorf, Sue Allen, Jim Demko, FredGolaski, Diane Allen, Mark R. Gordon, Suzanne Anderson, BeverlyDesai, Kalpana Granse, Barbara Anderson, ElsieDeZelar, Phil Dickerson, GlenndellGravink, Barb Anderson, Mary Sue Gudknecht, Jamie Anderson, NancyDickson, Helen Jean Gustafson, Dianne Anderson, SuzanneDroeger, Diane Duellman, AudreyGuthrie, Rosie Ansari, Ahsan Dunham, BobHafner, Michael Arnold, Ajla Hahn , Vonna Aurandt, RobertEickhoff, Carolyn Ek, JohnHanson, Joan Bartelt, Joan Ek, SusanHart, Barbara Bedor, David Heininger, Gordon Beggs, ReganElliott, Michael Herber, Darlene Behr, JeanetteErickson, Elizabeth Erickson, EricHervig, Cindy Behrens, Margaret Hill, Jan Belland, JaimeErickson, Sue Hines, Constance Berry, RobertEvans, Carol Fastner, VickiHinnenkamp, Gary Bieniek, Robert Fernholz, JeanHitzman, Harold Bjorklund, Diane Hogan, Anna Bolden, DonitaFinch, Michael Finch, RobertaHorgan, Gerald Bond, Sandra Fischer, PeterHorgan, Sharon Booher, Michele Horner, Jan Bortz, AlbertFitzgerald, Delores Horwath, Ivori Bortz, JeanneFosburgh, Anne Fowler, CynthiaHulet, Jeanette Bruner, Deborah Franzen, JamesHulet, Robert Bunkowske, Bernice Huth, Patricia Carle, JeanetteFranzen, Nick Freer, Mary JoHuth, Raymond Carson, Fannie Friedlein, CharleneInhofer, Mary Claire Carson, Helen Jaafaru, Timothy Cathleen, CotterFriedlein, Richard Jagoe, Carole Chromey, DonnaFrost, James Fuller, Mary KatherineJahn, David Chromey, Terrance Janaszak, Meghan Cleland, AnnGalligher, Patricia Jefferson, Gwendolyn Combe, EdwardGarrison, Carolyn Ann Garvey, TerrenceJensen, Robert Connelly, Thomas July 9, 20123 City Council Meeting Minutes Johannessen, JudithMechelke, GeraldineRubbert, Shirley Mechelke, Mary Lou Johansen, KathleenRudeen, Elaine Meehan, James Johnson, WarrenSagert, Chris Jones, ShirleyMeister-Westermann, Saltz, Rosalie Jurmu, JoyceJeanSandberg, Janet Mersereau, Connie Kapfer, DebSatriano, Pauline Karner, AnnMeyer, KayleenSauer, Elmer Kaul, ShirleyMielke, KarenSauer, Kathleen Moen, Bill Kearn, BarbaraSauro, Janet Moenck, Mary Ann Kirchoff, HaroldSawyer, Sharon Kliethermes, JamiMollica, ArthurScharnott, Thomas Moran, Joyce E. Knauss, CarolScheuble, RoJean Moreno, Marlene Knutson, LoisScheunemann, Koch, RosemaryMudek, DoloresMarjorie Kramer, DennisMudek, LeoSchiff, Marge Mudgett, Sandy Krause, BruceSchluender, Cynthia Muenchow, Mike Krebsbach, JeanSchneider, Mary Ann Kreger, JasonMuraski, GerrySchramel, Betty Myster, Thomas Kude, CarolSchramel, Jim Nazarian, Frederick Kuehnel, EdwardSchultz, Louise Kwapick, JackieNelson, PercySeidel, Dave Labossiere, DonnaNettleton, JanetSeidel, Gloria Newcomb, Mary Lackner, MarvellaShankar, Ananth Lampe, CharlotteNichols, MirandaShores, Teresa Larson, MichelleNieters, LouiseSimmer, Kathleen Nissen, Helen Lauren, LorraineSimmer, Richard Norberg, Ann LaValle, FayleneSkaar, Delaney Lawrence, DonnaNoyes, DouglasSkaar, Susan Oberg, Caleb Layer, StephanieSpangler, Bob O'Brien, D. William Layer, TomSpies, Louis Olson, Anita Leiter, BarbaraStafki, Tim Olson, Lois Leo , PatiSteenberg, Judith Olson, NormanSteenberg, Richard Letourneau, Sandra Olson, Stacy Lincowski, SteveStenson, Karen Oslund, Kathryn Lincowski, ViStevens, Sandra Osman, JamalStorm, Mary Lindskog, Phyllis Otto, EricStrack, Joan Liptak, Marianne Paddock, Ken Lockwood, JackieSweningeon, Rudolph Parent, DianTaylor, Lori Loipersbeck, Darlene Pavel, MargaretTaylor, Rita Loipersbeck, Jules Pedersen, Bernard Lowery, PaulThomas, Jeff Peitzman, Lloyd Lucas, LydiaThomforde, Faith Lynne, CaroleThompson, Jerrilyn Peper, Marilyn Mahowald, ValerieThompson, Julie Pickett, William Mahre, JeriPlaster, RaeTietel, Lynn Mammenga II, DonaldTourville, Michael Pogalz, Linda Manthey, JohnTrippler, Dale Priefer, Bill Maskrey, ThomasReeve, ClaudiaTschida, Micki Mauston, SheliaRenslow, RitaUrbanski, Holly McCabe, BonnieUrbanski, William Rieper, Allan McCann, JohnRobinson, EmilyVanBlaricom, Beulah McCarthy, PeggyRodriguez, VincentVolkman, Phyllis McCarthy, RyanWasmundt, Gayle Rohrbach, Charles McCauley, JudyWebb, Paulette Rohrbach, Elaine Mealey, GeorgiaRoller, CarolynWeiland, Connie July 9, 20124 City Council Meeting Minutes Weinberg, VickiWolff, PatriciaZager, Scott Wessel, WarrenWolfgram, DorothyZawacki, James Westergard, JoanneWood, SusanZian, Helen Whitcomb, LarryYang, CanaZipko, Leroy White, GregYorkovich, Cindy Witschen, DeloresYoung, Linda Wold, HansZacho, Karen Seconded by Councilmember KoppenAyes–All The motion passed. 3.Resolution Accepting Donation to the Police Department From Residential Mortgage Group Chief of Police Thomalla presented the staff report. Councilmember Juenemannmoved toapprove the Resolution Accepting Donation to the Police Department From Residential Mortgage Group. RESOLUTION 12-7-762 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Residential Mortgage Group (RMG) wishes to grant the City of Maplewood the following: $100, and; WHEREAS, Residential Mortgage Group has instructed that the City will be required to use the aforementioned for: use by the Police Department to directly improve the community, and; WHEREAS, the City of Maplewood has agreed to use the subject ofthis resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a super majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. Seconded by Councilmember KoppenAyes–All The motion passed. 4.Conditional Use Permit Review for a Planned Unit Development, Gethsemane Senior Housing, South of 2410 Stillwater Road Councilmember Juenemannmoved to Terminate the Conditional Use Permit for theGethsemane Senior HousingPlanned Unit Development, South of 2410 Stillwater Road. RESOLUTION 12-7-767 July 9, 20125 City Council Meeting Minutes CONDITIONAL USE PERMIT TERMINATION RESOLUTION WHEREAS, Gethsemane Lutheran Church and Presbyterian Homes of Minnesota, received approval from theMaplewood City Council on July 14, 2008, for a conditional use permit for a planned unit development to build a 111-unit senior-housing development. WHEREAS, in the subsequent four years no construction progress has been made and therefore city code states the permit is null and void. WHEREAS, this permit applies to the property located south of Gethsemane Lutheran Church, 2410 Stillwater Road. The legal description is: Lot 1, Block 1, Gethsemane Addition WHEREAS, the history of this conditional use permit termination is as follows: 1.On July 9, 2012, the city council terminated this conditional use permit since the applicants, Gethsemane Lutheran Church and Presbyterian Homes of Minnesotahave made no substantial construction progress on this project. NOW, THEREFORE, BE IT RESOLVED that the city council terminates the above- described conditional use permit because Gethsemane Lutheran Church and Presbyterian Homes of Minnesota have made no construction progress and city code requires the permit to end. The Maplewood City Council approvedthis resolution of termination on July 9, 2012. Seconded by Councilmember KoppenAyes–All The motion passed. 5.Approval to Move the Tennis Court Project from Playcrest to Maplewood Heights Councilmember Juenemannmoved toapprove Moving the Money for the Project Approved for Playcrest Park to the Tennis and Basketball Courts at Maplewood Heights; and Moving Forward with Resurfacing the Basketball Court at Playcrest Park. Seconded by Councilmember KoppenAyes–All The motion passed. 6.Resolution Accepting Donation from St. Paul East Parks Lions to City of Maplewood Park and Recreation Director Konewko presented the staff report. Councilmember Juenemannmoved to approve theResolution Accepting the $300 Donation for Trees for Lions Park and Refreshments for Maplewood’s 2012 Arbor Day Celebration from St. Paul East Parks Lions to City of Maplewood. RESOLUTION12-7-763 ACCEPTANCE OF DONATION July 9, 20126 City Council Meeting Minutes WHEREAS the City of Maplewood’s Parks and Recreation Department has received a donation of $300 for trees for Lions Park and for refreshments for Maplewood’s 2012 Arbor Day Celebration. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department to accept this donation. Seconded by Councilmember KoppenAyes–All The motion passed. 7.Resolution Accepting Donation from Friends of Maplewood Nature to City of Maplewood Parks and Recreation Director presented the staff report. Councilmember Juenemannmoved toapprovethe Resolution Accepting the $1,522.73 Donation for the June 2012 Season Environmental Insert from Friends of Maplewood Nature to City of Maplewood. RESOLUTION12-7-764 ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Recreation Departmenthas received a donation of $1522.73 for printing of the June 2012 Seasons environmental insert. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks andRecreation Departmentto accept this donation. Seconded by Councilmember KoppenAyes–All The motion passed. 8.Approval of License Fee Reduction for Excel Pawn Councilmember Juenemannmoved to approve the Annual License Fee Reduction for Excel Pawnof $5,000 for 2012 and 2013 with the 2014 Fee Returning to the Annual Fee Established by the City Council. Seconded by Councilmember KoppenAyes–All The motion passed. 9.Approve Entering Into Contract for Landscaping Services for Rainwater Gardens, Western Hills Area Street Improvements, City Project 10-14 Councilmember Juenemannmoved to approve Entering into a Contract for Landscaping Services with Noble Landscaping for Landscaping Services for Rainwater Gardensas Part of the Western Hills Area Street Improvements, City Project 10-14with a Total Cost of 28,636. Seconded by Councilmember KoppenAyes–All The motion passed. July 9, 20127 City Council Meeting Minutes 10.Approval to Accept the Grant from Firehouse Subs and Authorization to Purchase Turnout Gear Fire Chief Lukin presented the staff report. Councilmember Juenemannmoved to approve to Accept the Grant from Firehouse Subsin the Amount of $20,004andAuthorizethePurchase of Turnout Gear ThroughFirehouse Subs Foundation in the Amount of $20,004. Seconded by Councilmember KoppenAyes–All The motion passed. H.PUBLIC HEARING 1.Approval of Ordinance Amendment Regarding Reinforced-Turf Parking Lots –First Reading City Planner Ekstrand presented the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. No one spoke. Mayor Rossbach closed the public hearing. Councilmember Juenemannmoved to approve the First Reading of the Reinforced Parking Lots Ordinance Adding Getting Approval from the Police and Fire Chiefs on the Proposal. Seconded by Councilmember KoppenAyes–All The motion passed. 2.Approval of Ordinance Amendment Regarding Dynamic Display Signs –First Reading City Planner Ekstrand presented the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. Mike Miranowski from the Myth Nightclub addressed the council. Mayor Rossbach closed the public hearing. No Action TakenAyes–All I.UNFINISHED BUSINESS 1.Approval of Charitable Gambling Policy and Application Assistant City Manager Ahl presented the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Charitable Gambling Policy and Application. Seconded by Councilmember LlanasAyes–All The motion passed. July 9, 20128 City Council Meeting Minutes 2.Approval of Planning Fees for Police Department –City Hall Expansion Project Assistant City Manager presented the staff report and answered questions of the council. Councilmember Juenemannmoved to authorize the Assistant City Manager to Enter into an Agreement and Approve Expenses with SEH, Inc. for upto $65,000 for the Preliminary Planning and Architectural Design Work for the Police Department Expansion –City Hall Improvement Project. Seconded by Mayor RossbachAyes–All The motion passed. J.NEW BUSINESS 1.Consideration of Penalties for Alcohol and Tobacco Compliance Failures City Clerk Guilfoile presented the staff report and answered questions of the council. The following people were present and addressed the council: 1.Joe Stanek, Owner of MGM Liquor 2.Barry Rapp,Manager of Big Discount Liquor 3.Robert Thao, Manager of Downtown Lav 52 Km 4.Mike Miranowski, Myth Night Club 5.Mai Yang, Owner of Stargate Dance Club CouncilmemberLlanas moved to approve the Penalties for Alcohol and Tobacco Compliance Failuresas indicated below. Big Discount Liquor$500 Downtown Lav 52 Km$1,000 Hillside Liquors$1,000 Maplewood Kwik Mart$250 MGM Liquor Warehouse$2,000 Myth$500 Outback Steakhouse$1,000 Stargate Dance Club$500 Seconded by Councilmember JuenemannAyes–All The motion passed. City Attorney Kantrud presented the Maplewood BP compliance failure report and answered questions of the council. Councilmember Juenemann moved to approved the Staff Recommended Fines of $500, $750, $1,000 and 7-Day Suspension for Maplewood BP for Tobacco Compliance Failures; Recognizing the 7-Day Suspension HadAlready BeenServed. Seconded by Councilmember LlanasAyes–All The motion passed. Mayor Rossbach called for a 10 minute break. July 9, 20129 City Council Meeting Minutes 2.Approval of Purchase Agreement for City-Owned Land, Hazelwood Street and County Road D East Planner Martin presented the staff report and answered questions of the council. CouncilmemberJuenemannmoved to approve the Purchase Agreement to Sell 1.32 Acres of City-Owned Land, Hazelwood Street and County Road D Eastto the Area Economic Development Authority for the Purpose of Economic Development. Seconded by Councilmember KoppenAyes–All The motion passed. 3.Councilmember Resignation a.Approval of Resolution Declaring a Vacancy on the City Council b.Approval of Resolution Calling for a Special Election City Clerk Guilfoile presented the staff report and answered questions of the council. Mayor Rossbach moved to approve the Resolution Declaring a Vacancy on the City Council. RESOLUTION12-7-765 CITY OF MAPLEWOOD RESOLUTION ACCEPTING RESIGNATION AND DECLARING A VACANCY WHEREAS, the Maplewood City Council has received the written resignation of Councilmember James Llanas, effective on October 31, 2012. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, AS FOLLOWS: The council accepts Councilmember James Llanas’resignation as described above. The council declares that a vacancy exists on council effective on October 31, 2012. Adopted by the City Council of the City of Maplewood on July 9, 2012. Seconded by Councilmember LlanasAyes–Mayor Rossbach, Councilmember Cardinal, Koppen and Llanas Nay–Councilmember Juenemann The motion passed. Mayor Rossbach moved to approve the Resolution Calling for a Special Election. RESOLUTION12-7-766 CITY OF MAPLEWOOD RESOLUTION CALLING FOR A SPECIAL ELECTION WHEREAS, a vacancy exists on the Maplewood City Council. WHEREAS, the vacancy occurred before the first day to file affidavits of candidacy for the next regular General Election. July 9, 201210 City Council Meeting Minutes WHEREAS, Maplewood City Ordinance 866 dictates a Special Election is to be held when a vacancy exists as follows: In the event a vacancy is declared pursuant to state law, the city council shall by resolution declare such a vacancy to exist. If the unexpired term is for a period of six months or less, the council shall appoint an eligible person to serve for the remainder of the unexpired term. In the event the unexpired term is greater than six months, the council shall hold a special election to fill the unexpired term. The special election shall be held as soon as the vacancy is declared as is practical under state law, no special primary election shall occur in cases of special elections held pursuant to this section. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, AS FOLLOWS: A Special Election is ordered to fill avacancy on the Maplewood City Council. The Special Election will be held in conjunction with the November 6, 2012 General Election. The person elected shall fill the vacancyfor the remainder of the term vacated by Councilmember Llanas to January 6, 2014. Adopted by the City Council of the City of Maplewood on July 9, 2012. Seconded by Councilmember KoppenAyes–Mayor Rossbach, Councilmember Cardinal, Koppen and Llanas Nay–Councilmember Juenemann The motion passed. K.AWARD OF BIDS None. L.ADMINISTRATIVE PRESENTATIONS None. M.COUNCIL PRESENTATIONS 1.National Night Out th Councilmember Juenemann reminded residents that National Night Out is August 7. She encouraged residents to starting talking to their neighbors about how as a neighborhood you are going to celebrate National Night Out by being in your neighborhood and getting to know each other. 2.Afternoon Theft Councilmember Cardinal requesting information from Chief Thomalla regarding an afternoon theft that occurred between 1:30 p.m. and 2:30 p.m. 3.Recruiting Firefighters Councilmember Cardinalinquired if the City of Maplewood still recruited volunteer firefighters. Chief Lukin informed the council and residents that the City no longer recruits volunteer July 9, 201211 City Council Meeting Minutes firefighters. If at some time the City is unable to hire trained firefighters, then a training program would be instituted. There is also training available to junior colleges around the area. 4.Ramsey CountyFamily Service Center Councilmember Cardinalrecognized several organizations that pay and serve dinner to those in need. St. AmbroseSt. Peter Christ LutheranSt. Jerome TransfigurationSt. Pius, White Bear Lake Grace LutheranCross Lutheran Our SaviorUnitarian, White Bear Lake St. John in the WildernessSt. Pascal St. CharlesSt. Mark’s Catholic St. Mark’s LutheranHoly Spirit Christ the KingSt. Odilia Zion Lutheran3M Families Harbor ChurchCatholic Charities N.ADJOURNMENT Mayor Rossbachadjourned the meeting at 9:38p.m. July 9, 201212 City Council Meeting Minutes