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HomeMy WebLinkAbout11-26-2012 City Council Meeting MinutesA. CQ A D MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, November 26, 2012 Council Chambers, City Hall Meeting No. 21-12 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. Mayor Rossbach requested that one of the scouts present from Boy Scout Troop 216 to address the council and inform the council about their troop. He then requested Boy Scout Yupang Yang to lead them in the pledge of allegiance. PLEDGE OF ALLEGIANCE ROLL CALL Will Rossbach, Mayor Robert Cardinal, Councilmember Rebecca Cave, Councilmember Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember APPROVAL OF AGENDA The following items were added to the agenda: M1 North St. Paul Community Center M2 Recruiting Commissioners M3 Government Managed Trash Collection M4 Visitor Presentations M5 Active Military M6 December 10, 2012 City Council Meeting Present Present Present Present Present Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes — All The motion passed. E. APPROVAL OF MINUTES 1. Approval of November 15, 2012 City Council Workshop Minutes Councilmember Juenemann moved to approve the November 15, 2012 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes — Mayor Rossbach, Council Member Cardinal, Juenemann and Koppen Abstain — Councilmember Cave The motion passed. November 26, 2012 1 City Council Meeting Minutes 2. Approval of November 15, 2012 City Council Meeting Minutes Councilmember Juenemann noted that agenda item M1 should read "has approved a new CAD System for the Ramsey County Emergency Communication Center." Councilmember Cardinal moved to approve the November 15, 2012 City Council Meeting Minutes as amended. Seconded by Councilmember Juenemann Ayes — Mayor Rossbach, Council Member Cardinal, Juenemann and Koppen Abstain — Councilmember Cave The motion passed. F. APPOINTMENTS AND PRESENTATIONS None. G. CONSENT AGENDA Councilmember Koppen requested agenda item G6 be pulled for further discussion. Councilmember Juenemann moved to approve agenda items G1 -G5. Seconded by Councilmember Koppen Ayes — All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE $ 873,677.06 Checks # 88336 thru # 88387 dated 11/02/12 thru 11/13/12 $ 242,497.27 Disbursements via debits to checking account dated 11/05/12 thru 11/09/12 $ 973,886.96 Checks # 88388 thru # 88600 dated 11/14/12 thru 11/20/12 $ 337,149.62 Disbursements via debits to checking account dated 11/13/12 thru 11/16/12 $ 2,427,210.91 Total Accounts Payable November 26, 2012 2 City Council Meeting Minutes PAYROLL $ 509,562.59 Payroll Checks and Direct Deposits dated 11/09/12 $ 1,545.93 Payroll Deduction check # 9987600 thru #9987603 dated 11/09/12 $ 511,108.52 Total Payroll $ 2,938,319.43 GRAND TOTAL Seconded by Councilmember Koppen Ayes — All The motion passed. 2. Approval of Resolution for Temporary Gambling Permits for Ramsey Nursing Home Foundation Councilmember Juenemann moved to approve the Temporary Lawful Gambling Resolution for the Ramsey Nursing Home Foundation. Resolution 12-11-818 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Ramsey Nursing Home Foundation 2000 White Bear Avenue for January 28, February 25, September 16 and October 21, 2013. 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. Seconded by Councilmember Koppen Ayes — All The motion passed. 3. Approval of Billing and Collection Services Agreement with Board of Water Commissioners of the City of St. Paul Councilmember Juenemann moved to approve the Billing and Collection Services Agreement between Board of Water Commissioners of the City of St. Paul and the City of Maplewood. Seconded by Councilmember Koppen Ayes — All The motion passed. November 26, 2012 3 City Council Meeting Minutes 4. Approval of Transfers and Budget Adjustments Councilmember Juenemann moved to authorize the transfers and budget adjustments listed in the staff report and direct the Finance Manager to make the entries necessary to complete the transactions_ Seconded by Councilmember Koppen Ayes — All The motion passed. 5. Approval of TH 36 / English Street Interchange Improvements, City Project 09-08 1) Resolution Approving MnDOT Agreement 02238 Councilmember Juenemann moved to approve the Resolutions Approving MnDOT Agreement 02238 and authorize adjustments as determined by the City Attorney, City Project 09-08. RESOLUTION 12-11-819 IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 02238 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs of the T.H. 36 and English Street construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 36 from T.H. 61 to Hazelwood Street within the corporate City limits under State Project No. 6211-90 (T.H. 36=118) and S. P. 138-010-018. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Seconded by Councilmember Koppen Ayes — All The motion passed. 2) Resolution Accepting State Aid Advancement Councilmember Juenemann moved to approve the Resolution Accepting State Aid Advancement, City Project 09-08. RESOLUTION 12-11-820 MUNICIPAL STATE AID STREET FUNDS ADVANCE RESOLUTION CITY OF MAPLEWOOD, MINNESOTA WHEREAS, the City of Maplewood is planning to implement Municipal State Aid Street Project(s) in 2013 which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said municipality is prepared to proceed with the construction of said project(s) through the use of an advance from the Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and WHEREAS, said listed project numbers are not all encompassing; and additional or existing state aid project numbers may arise that require advancement as part of this advancement resolution, and November 26, 2012 4 City Council Meeting Minutes WHEREAS, the advance is based on, but not limited to, the following determination of estimated expenditures: Account Balance as of November 1, 2012 Less estimated disbursements: $ 0.00 Project(s) # 6211-90, 138-010-018, 138-010-012, 138-104-008, 138-154-001, 138-110-004, 138-153-001, 62-625-036, STP-TEAX 6212(278) and 138-151-003: Total Estimated Disbursements $11,210,584.00 Advance Amount (amount in excess of acct balance) $11,210,584.00 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b, and WHEREAS, the Municipality acknowledges advance funds are released on a first -come - first -serve basis and this resolution does not guarantee the availability of funds. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the City of Maplewood in an amount up to $11,210,584.00. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality from future year allocations until fully repaid. Approved by the City of Maplewood, MN This 26th day of November, 2012 Seconded by Councilmember Koppen Ayes — All The motion passed. 3) Resolution Adjusting Project Budget Councilmember Juenemann moved to approve the Resolution Adjusting the Budget for the TH 36 / English Street Interchange Improvements, City Project 09-08. RESOLUTION 12-11-821 ADJUSTING PROJECT BUDGET WHEREAS, pursuant to resolution of the council adopted March 26 and April 9, 2012 for the TH36/English Street Interchange Improvements, City Project 09-08, a budget was adopted to implement project improvements, and WHEREAS, adjustment to the current budget is needed, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: November 26, 2012 5 City Council Meeting Minutes 1. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $22,358,000 shall be established. The proposed financing plan is as follows: Funding Source Amount Federal STP Interchange $ 8,083,335 Federal STP Water Quality $ 295,329 MnDOT State Road Construction Fund (SRC) $ 5,069,397 MnDOT ROW Reimbursement $ 623,200 MnDOT Cooperative Agreement $ 500,000 Transp. & Econ. Dev. (TED) DEED Grant $ 1,000,000 Ramsey County Funds $ 910,880 RWMWD Funds $ 532,331 SPRWS Funds $ 744,000 Environmental Utility Fund $ 162,000 St. Paul WAC Fund $ 150,000 Sanitary Sewer Utility $ 100,000 Tax Abatement/G.O. Bonds $ 1,500,000 Special Assessments $ 919,990 Municipal State Aid — Advance Request $ 1,767,800 TOTAL $22,358,000 Approved this 26th day of November 2012. Seconded by Councilmember Koppen Ayes — All The motion passed. 6. Approval of Contract with H. Alan Kantrud for 2013-14 City Attorney and Prosecutor Services City Manager Antonen gave the staff report. The council discussed conducting an RFP for City Attorney and Prosecuting Services. City Attorney Kantrud answered questions and gave additional information to the council. Councilmember Cardinal moved to extend the submitted contract with Kantrud for six months. Seconded by Councilmember Koppen Councilmember Cave offered a friendly amendment to the motion to extend the contract with Kantrud for one year. During the first six months, information would be gathered from other cities investigating what comparative cities pay for the same services to determine whether or not an RFP is warranted. Seconded by Mayor Rossbach Ayes — Mayor Rossbach, Council Members Cave, Juenemann, Koppen Nay — Councilmember Cardinal The motion passed. The original motion by councilmember Cardinal as amended by Councilmember Cave was voted on. Ayes — Mayor Rossbach, Council Members Cave, Juenemann, Koppen Nay — Councilmember Cardinal November 26, 2012 6 City Council Meeting Minutes H. PUBLIC HEARING 1. Capital Improvement Plan for Police Public Safety Facilities for 2013-2017 and the Issuance of Capital Improvement Bonds a. Public Hearing b. Resolution Approving 2013-2017 Capital Improvement Plan and the Issuance of Capital Improvement Bonds (3 votes required) c. Authorization to Proceed with Phase 1 Improvements at 1902 E. County Road B and 1830 E. County Road B Finance Manager Bauman gave the staff report and answered questions of the council. Assistant City Manager Ahl gave additional information and answered questions of the council. Mayor Rossbach opened the public hearing. The following people spoke: 1. Bob Zick, North St. Paul Resident 2. Mark Bradley, Maplewood Resident 3. Mark Jenkins, Maplewood Resident Mayor Rossbach closed the public hearing. Councilmember Cave moved to put the Improvements for the Police Public Safety Facility and other changes that would be required throughout City Hall Campus to a referendum vote in the November 2013 General Election. Seconded by Councilmember Cardinal Ayes — Council Members Cave and Cardinal Nays — Mayor Rossbach, Council Members Juenemann and Koppen The motion failed. Councilmember Juenemann moved to approve the resolution giving preliminary approval to Issuance of General Obligation Capital Improvement Bonds in the amount not to exceed $3,950,000 and adopt the City of Maplewood, Minnesota, and Capital Improvement Plan for the years 2013 through 2017 for Police Public Safety Facilities. RESOLUTION 12-11-822 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS IN AN AMOUNT NOT TO EXCEED $3,950,000 AND ADOPTING THE CITY OF MAPLEWOOD, MINNESOTA, CAPITAL IMPROVEMENT PLAN FOR THE YEARS 2013 THROUGH 2017 A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") proposes to issue its general obligation capital improvement plan bonds (the "Bonds") and adopt the City of Maplewood, Minnesota, Capital Improvement Plan for the Years 2013 Through 2017 (the "Plan"); and B. WHEREAS, the City has caused notice of the public hearing on the intention to issue the Bonds and on the proposed adoption of the Plan to be published pursuant to and in accordance with Minnesota Statutes, Section 475.521; and November 26, 2012 7 City Council Meeting Minutes C. WHEREAS, a public hearing on the intention to issue the Bonds and on the proposed Plan has been held on this date, following published notice of the public hearing as required by law; and D. WHEREAS, in approving the Plan, the City Council considered for each project and for the overall Plan: 1. The condition of the City's existing infrastructure, including the projected need for repair and replacement; 2. The likely demand for the improvement; 3. The estimated cost of the improvement; 4. The available public resources; 5. The level of overlapping debt in the City; 6. The relative benefits and costs of alternative uses of the funds; 7. Operating costs of the proposed improvements; and 8. Alternatives for providing services more efficiently through shared facilities with other local governmental units; and WHEREAS, the City Council has determined that the issuance of general obligation capital improvement plan bonds in the aggregate principal amount of up to $3,950,000 is the best way to finance the capital improvements identified in the Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, that the City hereby adopts the Plan and authorizes the issuance of up to $3,950,000 aggregate principal amount of general obligation capital improvement plan bonds. Seconded by Mayor Rossbach Ayes — Mayor Rossbach, Council Members Juenemann and Koppen Nays — Council Member Cave and Cardinal The motion passed. Councilmember Juenemann moved to approve the project as Phase 1 of the Police Department Expansion — City Hall Improvements Proiect which will be located at 1902 E. Countv Road B (Public Works Building) and 1830 E. County Road B (City Hall) in the total amount of $500,000; and direct the Finance Manager to transfer the necessary funds for this authorization into the project fund and make the necessary budget adjustments. Seconded by Councilmember Koppen Ayes — Mayor Rossbach, Council Members Cardinal. Juenemann and Koppen Nays — Councilmember Cave The motion passed. 2. Ordinance Amendment — Including the Housing and Redevelopment Authority Duties with those of the Business and Economic Development Commission (First Reading) Senior City Planner Ekstrand gave the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. The following people spoke: 1. Bob Zick, North St. Paul 2. Diana Longrie, Maplewood Resident November 26, 2012 8 City Council Meeting Minutes Mayor Rossabach closed the public hearing. Planning Commissioner Dale Trippler and Business and Economic Development Commissioner Mark Jenkins were present and addressed the council. Councilmember Juenemann moved to approve the first reading of the amendments to Division 9, the Business Economic Development Commission ordinance to include the duties and responsibilities of the Housing Redevelopment Authority. Seconded by Councilmember Koppen Ayes — All The motion passed. UNFINISHED BUSINESS None J. NEW BUSINESS Comprehensive Land Use Plan Amendment, Rezoning and Right -of -Way Vacations for a Proposed Senior's Housing Apartment Building by Azure Properties, North Side of Roselawn Avenue, East of McMenemy Street Senior Planner Ekstrand gave the staff report and answered questions of the council. Public Works Director/City Engineer Thompson answered additional questions of the council. The following people spoke: 1. Herb Toenjes, 1950 Hawthorne Avenue, St. Paul 2. Amy Dorn -Fernandez, 365 Toenjes Place 3. Janet Johnson, 1961 McMenemy Street 4. Diana Longrie, 1771 Burr Street 5. Sharon Gebhardt, 1986 Arkwright 6. Bob Zick, North St. Paul Resident 7. Mark Bradley, 2164 Woodlyn Avenue Tom Schuette, Property Manager with Azure Properties addressed and answered questions of the council. Councilmember Cardinal moved to table the approval of the resolution amending the comprehensive land use plan classification from LDR (low density residential) and P (park) to HDR (high density residential) for property on the north side of Roselawn Avenue east of Edgemont Street; Deny the proposed rezoning from R1 (single dwelling residential) to R3 (multiple dwelling residential; Seconded by Mayor Rossbach with a friendly amendment for staff to craft significant fact of findings for denial and present it at the next City Council meeting on December 10, 2012. The motion passed. Ayes — Mayor Rossbach, Council Members Cave, Juenemann and Koppen Nays — Councilmember Cardinal November 26, 2012 9 City Council Meeting Minutes The Council took a 10 minute break. 2. Conditional Use Permit for the Cornerstone Community Church to be Located at 1616 Gervais Avenue. Senior City Planner Ekstrand gave the staff report. The following people spoke: 1. Cindy Hall, Maplewood Resident 2. John Feikema, Chair of the Leadership Committee for Cornerstone Community Church Councilmember Koppen moved to adopt the resolution approving a conditional use permit for Cornerstone Community Church, located at 1616 Gervais Avenue. RESOLUTION 12-11-823 CONDITIONAL USE PERMIT WHEREAS, the Cornerstone Community Center applied for a conditional use permit to operate a church. WHEREAS, Section 44-1092(3) of the city ordinances requires a conditional use permit for churches and institutions of any educational, philanthropic and charitable nature. WHEREAS, this permit applies to the property located at 1616 Gervais Avenue. The legal description is: EG Rogers' Garden Lots, subject to state highway and easements, the part north of TH 36 of Lots 11 and 12 in Section 10, Township 29, Range 22 (Pin 10-29-22-42-0001) WHEREAS, the history of this conditional use permit is as follows: On November 20, 2012, 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 November 26, 2012, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve 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. November 26, 2012 10 City Council Meeting Minutes 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. Approval is subject to the following conditions: 1. No exterior site or building exterior changes, except signage, shall take place unless approved by the city. Signs shall follow the comprehensive sign plan in place for this business center as well as the city's sign ordinance. Signs shall not be installed unless the applicant first obtains sign permits. 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. All terms of the noise settlement agreement for the Maplewood 2 Business Center, as adopted by the city council in their CUP approval on November 27, 2006, shall be complied with. Any determination as to whether noise generated by the applicant is "extraordinary, loud or disturbing" shall be made by city staff, or ultimately, by the city council. 5. The city shall monitor any noise complaints and report to the city council about compliance annually during 6. All of the applicant's parking shall be confined to the site and not allowed on city streets. 7. All conditions of the conditional use permit for this property shall continue to apply. 8. The applicant shall comply with all requirements of the building official, assistant fire chief and health officer. The Maplewood City Council approved this resolution on November 26, 2012. Seconded by Councilmember Cardinal Ayes — All The motion passed. November 26, 2012 11 City Council Meeting Minutes 3. Approve Funding to Replace Chillers and Other Equipment Upgrades at the MCC Parks and Recreation Director Konewko gave the staff report and answered questions of council. Chief Building Engineer Farr addressed and answered questions of the council. Councilmember Cardinal moved to approve the establishment of a project budget in the amount no -to -exceed $450K for the replacement of two Air -Cooled Water Chillers, addition of a Pool Destratification Fan, addition of the Leisure Pool UV, and Duct and Coil Cleaning/Air Handling Units at the MCC. The funding would come from one-time monies of $250k and the issuance of a capital equipment certification in the amount of $200k. The MCC Building Maintenance Budget 602-614-000-4320 would be reduced by $23k per year to make this payment. Furthermore, staff is requesting council to authorize the City Manger to enter into a contract with the vender that is selected in accordance with the City's Purchasing Procedures Manual for cooperating purchasing. Seconded by Councilmember Juenemann Ayes — All The motion passed. K. AWARD OF BIDS None L. ADMINISTRATIVE PRESENTATIONS Notice to Cancel Council Workshop on Monday, December 3, 2012 Mayor Rossbach moved to approve the cancellation of the Council Manager Workshop on Monday, December 3, 2012. Seconded by Councilmember Koppen Ayes — All The motion passed. M. COUNCIL PRESENTATIONS North St. Paul Community Center Councilmember Cave requested information on the joint partnership with the North St. Paul Community Center. Parks and Recreation Konewko indicated that as chances occur he will inform the council. 2. Recruiting Commissions Councilmember Cave inquired as to the methods that we recruited commissioners and encouraged that we do all that we can to recruit citizens to participate. 3. Government Managed Trash Collection Councilmember Cave requested that contact information on who citizens should contact with issues be detailed on the city website. November 26, 2012 12 City Council Meeting Minutes 4. Visitor Presentations Councilmember cardinal requested that the council discuss placing Visitor Presentations on the next council meeting for discussion. After discussion it was agreed that the item would be discussed along with other items that will be before the council when the "Rules of Procedure for City Council and Council Meetings" is approved at the first meeting of the year. 5. Active Military Councilmember Cardinal requested that residents notify the city of active military so that they can be recognized for serving our country by the city. 6. December 10, 2012 City Council Meeting Councilmember Cardinal wanted to notify the council that he may be out of town for the December 10, 2012 meeting but will keep the council informed. N. ADJOURNMENT Mayor Rossbach adjourned the meeting at 10:22 p.m. November 26, 2012 13 City Council Meeting Minutes City of Maplewood Public Hearing Sign -Up Sheet By putting your name and address on this sheet, you are requesting to address the Maplewood City Council on the following topic for up to five minutes. Public Nearinq:Hi Qapital Improvement Plan for Police Public Safety Facilities for 2013-2017 and the Issuance of Capital Improvement Bonds Date: November 26 2012 Time: 07:00 PM Name W First & Last (please print clearly) 1. 2. 3. 4. C, 5. E. 7. 8. 9. 10. 11. 12. 13. 14. 15. Address City of Maplewood Public Hearing Sign -Up Sheet By putting your name and address on this. sheet, you are requesting to address the Maplewood City Council on the following topic for up to five minutes. Public Hearing: H2 First Reading Ordinance Amendment..— Including the Housing and Redevelopment Authority Duties with Those of the Business and Economic Development Commission Date: November 26 2012 Time: 07:00 PM Name - First & Last {please print clearly) Address 1. 3. 4. 5. G. 7. S. 9. ]0. 11. r. 12. 13. 14. 15.