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HomeMy WebLinkAbout02-25-2013 City Council Meeting MinutesFebruary 25, 2013 City Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, February 25, 2013 Council Chambers, City Hall Meeting No. 04-13 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:02 p.m. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE A representative from Boy Scout Troup 416 was present in the audience and led the council in the pledge of allegiance. C. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA M2 Fish Creek Event M3 Snow Shoveling M4 Listening Forum M5 Charitable Gambling Funds M6 Death of Cable Commission Member Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of February 4, 2013 City Council Workshop Minutes Councilmember Juenemann moved to approve the February 4, 2013 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. 2. Approval of February 11, 2013 City Council Workshop Minutes February 25, 2013 City Council Meeting Minutes 2 Councilmember Juenemann moved to approve the February 11, 2013 City Council Workshop Minutes as submitted. Seconded by Mayor Rossbach Ayes – All The motion passed. 3. Approval of February 11, 2013 City Council Meeting Minutes Change residence in item M1 to read residents. Councilmember Koppen moved to approve the February 11, 2013 City Council Workshop Minutes amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS None G. CONSENT AGENDA Councilmember Juenemann requested agenda items G8 be highlighted. Councilmember Cave had a question for agenda item G3. Councilmember Juenemann moved to approve agenda items G1-G8. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 658,909.23 Checks # 89149 thru # 89246 dated 02/06/13 thru 02/12/13 $ 402,084.82 Disbursements via debits to checking account dated 02/04/13 thru 02/08/13 $ 167,491.02 Checks # 89247 thru # 89366 dated 02/19/13 $ 260,941.29 Disbursements via debits to checking account dated 02/11/13 thru 02/15/13 $ 1,489,426.36 Total Accounts Payable February 25, 2013 City Council Meeting Minutes 3 PAYROLL: $ 515,870.81 Payroll Checks and Direct Deposits dated 02/15/13 $ 763.00 Payroll Deduction check # 9989160 thru # 9989161 dated 02/15/13 $ 516,633.81 Total Payroll $ 2,006,060.17 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of a Temporary Gambling Permit Resolution for The Church of St. Pascal Baylon Councilmember Juenemann moved to approve the Lawful Gambling Resolution for the Church of St. Pascal Baylon. RESOLUTION 13-2-864 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Church of St. Pascal Baylon. 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 a Conditional Use Permit Review, CarMax, Mogren Retail Addition Assistant City Manager Ahl answered questions of the council. Councilmember Juenemann moved to approve to Review the Conditional Use Permit for the CarMax Conditional Use Permit and the Mogren Retail Addition planned unit development again in one year. Seconded by Councilmember Koppen Ayes – All The motion passed. February 25, 2013 City Council Meeting Minutes 4 4. Approval of Cost Share Agreement with Metropolitan Council for Inflow/Infiltration Improvements Councilmember Juenemann moved to approve the resolution for the Inflow/Infiltration cost share agreement with the Metropolitan Council and direct the Assistant City Manager to enter into the cost share agreement. Minor modifications approved by the City Attorney are authorized as needed for the agreement. RESOLUTION 13-2-865 APPROVAL OF COST SHARE AGREEMENT WITH THE METROPOLITAN COUNCIL FOR INFLOW/INFILTRATION IMPROVEMENTS WHEREAS, the City Council of Maplewood, Minnesota has heretofore approved the cost share agreement between the City of Maplewood and the Metropolitan Council for inflow/infiltration improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Assistant City Manager is hereby authorized to enter into the cost share agreement. Adopted by the Maplewood City Council on this 25th day of February 2013. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bid, Bid Package 4, East Metro Public Safety Training Center, City Project 09-09 Councilmember Juenemann moved to approve the Resolution for Approving Plans and Advertisement for Bids, East Metro Public Safety Training Center Bid Package 4, City Project 09-09. RESOLUTION 13-2-866 APPROVING PLANS ADVERTISING FOR BIDS (BID PACKAGE 4 – Simulation and Training Building) WHEREAS, pursuant to resolution passed by the City Council on May 14, 2012 and June 25, 2012, plans and specifications for the East Metro Public Safety Training Center Improvements, City Project 09-09, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications for Bid Package 4, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Engineer. February 25, 2013 City Council Meeting Minutes 5 2. The City Clerk or office of the City Engineer shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 20th day of March, 2013, at City Hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular City Council meeting of March 25, 2013. Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval of Revised Resolution for the Pride of Maplewood Program Councilmember Juenemann moved to approve the Resolution for the revised Pride of Maplewood Program. RESOLUTION 13-2-867 A RESOLUTION OF THE MAPLEWOOD CITY COUNCIL ESTABLISHING AN EMPLOYEE RECOGNITION PROGRAM AND DECLARING THAT SUCH PROGRAMS BENEFIT THE PUBLIC BY PROMOTING EFFICIENCY, INITIATIVE, WELLNESS AND MORALE AMONG PUBLIC EMPLOYEES. WHEREAS, employees throughout the City of Maplewood work diligently and effectively on behalf of the public everyday; and WHEREAS, City employees should be recognized for the exceptional work that they perform; and WHEREAS, rewarding City employees enhances productivity, efficiency, wellness and morale in the performance of their duties; and WHEREAS, it is in the public good to recognize City employees for outstanding performance and/or noteworthy contributions to the accomplishment of the overall objectives of the City; and WHEREAS, the Maplewood City Council supports the issuance of rewards for City employees to encourage superior performance in their duties; NOW THEREFORE BE IT RESOLVED by the Council of the City of Maplewood that: 1. In recognition of superior performance and noteworthy contributions to the accomplishment of the overall objectives of the City, it is for the good of the public that the City of Maplewood establish a formal Employee Recognition Program to promote efficiency, initiative and morale among employees of the City of Maplewood. February 25, 2013 City Council Meeting Minutes 6 2. Said program shall be administered under the direction of the City Manager and direct expenses for said program shall not exceed $1,250 annually. Recipients will receive a non cash award of de minimis value. This Resolution shall take effect from and after its adoption. Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Consider Authorization to Enter into Document Scanning Contract with Mid- America Business Systems Councilmember Juenemann moved to give authorization to enter into a contract with Mid- America Business Systems for scanning services not to exceed $60,000 Seconded by Councilmember Juenemann Ayes – All The motion passed. 8. 2012 Planning Commission Annual Report Councilmember Juenemann noted a change in the Planning Commissions 2012 Annual Report. Under CONDITIONAL USE PERMITS AND REVISION, RSI Metals Recycling Facility CUP was withdrawn; therefore the report should reflect it was withdrawn. Councilmember Juenemann moved to approve the Planning Commission’s 2012 Annual Report with one change as noted. Seconded by Councilmember Koppen Ayes – All The motion passed. H. PUBLIC HEARING None I. UNFINISHED BUSINESS 1. Hills and Dales Area Street Improvements, City Project 09-15, Resolution Adopting Revised Assessment Roll Assistant City Engineer Love gave the staff report and answered questions of the council. City Attorney Kantrud answered additional questions of the council. The following people spoke: 1. Diana Longrie, Attorney 2. Raymond Decker, 2002 Duluth Street Councilmember Juenemann moved to approve the Resolution for the Adoption of the Revised Assessment Roll for the Hills and Dales Area Street Improvements, City Project 09-15 RESOLUTION 13-2-868 ADJUSTMENTS TO ASSESSMENT ROLL February 25, 2013 City Council Meeting Minutes 7 WHEREAS, pursuant to a resolution adopted by the City Council on February 11th, 2013, the assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15, was presented in a Public Hearing format (Reassessment), pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, three property owners filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 162922140017 – Raymond R. Decker; 2002 Duluth Street. It is currently proposed that the property be assessed for $6,800. Mr. Decker is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 2. Parcel 162922110075 – Joseph and Kerry Brabbit; 2132 Atlantic Street. It is currently proposed that the property be assessed for $6,800. Mr. and Mrs. Brabbit are that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 3. Parcel 162922110099 – Esther D. Olson; 2117 Atlantic Street. It is currently proposed that the property be assessed for $6,800. Ms. Olson is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 4. Parcel 162922140012 – Arthur Moore and Megan Nelson; 1232 Shryer Avenue. It is currently proposed that the property be assessed for $6,800. Mr. Moore and Ms. Nelson are requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 5. Parcel 162922140045 – Kenneth G. and Therese A. Dufner; 2017 Duluth Street. It is currently proposed that the property be assessed for $6,800. Mr. and Mrs. Dufner are requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 6. Parcel 092922440069 – Peggy J. Hartzell; 1246 County Road B East. It is currently proposed that the property be assessed for $5,200. Ms. Hartzell is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 7. Parcel 092922440076 – Jay R. Gruett; 1237 Leland Road. It is currently proposed that the property be assessed for $4,000. Mr. Gruett is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 8. Parcel 092922440086 – Rebecca Gurrola; 2210 Duluth Street. February 25, 2013 City Council Meeting Minutes 8 It is currently proposed that the property be assessed for $5,200. Ms. Gurrola is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 9. Parcel 142922440047 – Phoenix Residence, Inc.; 1685 Howard Street. It is currently proposed that the property be assessed for $6,300. Phoenix Residence, Inc. is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 10. Parcel 142922410048 – Phoenix Residence, Inc.; 1866 Furness Street. It is currently proposed that the property be assessed for $6,800. Phoenix Residence, Inc. is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 11. Parcel 142922440047 – Phoenix Residence, Inc.; 1685 Howard Street. It is currently proposed that the property be assessed for $6,300. Phoenix Residence, Inc. is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15: 1. Parcel 162922140017 – Raymond R. Decker; 2002 Duluth Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 2. Parcel 162922110075 – Joseph and Kerry Brabbit; 2132 Atlantic Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 3. Parcel 162922110099 – Esther D. Olson; 2117 Atlantic Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 4. Parcel 162922140012 – Arthur Moore and Megan Nelson; 1232 Shryer Avenue. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 5. Parcel 162922140045 – Kenneth G. and Therese A. Dufner; 2017 Duluth Street. February 25, 2013 City Council Meeting Minutes 9 It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 6. Parcel 092922440069 – Peggy J. Hartzell; 1246 County Road B East. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 7. Parcel 092922440076 – Jay R. Gruett; 1237 Leland Road. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 8. Parcel 092922440086 – Rebecca Gurrola; 2210 Duluth Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 9. Parcel 142922440047 – Phoenix Residence, Inc.; 1685 Howard Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 10. Parcel 142922410048 – Phoenix Residence, Inc.; 1866 Furness Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 11. Parcel 142922440048 – Bob A. M. Serreyn and Dominic J. Chiappetta; 1695 Howard Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. B. The assessment roll for the Hills and Dales Area Street Improvements, City Project 09- 15, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2014 and shall bear interest at the rate of 5.0 percent per annum. To the first installment shall be added interest on the entire assessment from February 25, 2013 until December 31, 2014. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the reassessment to the county auditor, pay the whole of the reassessment on such property, with interest accrued to the date of payment, to the City of Maplewood, except that no interest shall be charged if the entire reassessment is paid within 30 days from the adoption of the reassessment. Owner may at any time thereafter, pay to the February 25, 2013 City Council Meeting Minutes 10 Ramsey County the entire amount of the reassessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. E. The City Engineer and City Clerk shall forthwith after November 15, 2013 but no later than November 16, 2013 transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 25th day of February, 2013. Seconded by Councilmember Koppen Ayes – Mayor Rossbach, Council Members Cardinal, Juenemann and Koppen Nays – Councilmember Cave The motion passed. 2. Approval of Contract Extension through 2014 for City Attorney and City Prosecution Services with H. Alan Kantrud Assistant City Manager Ahl presented the staff report and answered questions of the council. Councilmember Cave moved to approve the contract extension with H. Alan Kantrud for 2014 as City Attorney/City Prosecutor and authorize the Mayor and City Manager to execute said contract. The staff will send via email a copy of the updated contract to the council members for their records. Seconded by Councilmember Juenemann Ayes – All The motion passed. J. NEW BUSINESS 1. Approval of a Comprehensive Plan Amendment from P (Park) to LDR (Low Density Residential) for Privately-Owned Property in the Gladstone Neighborhood Senior Planner Ekstrand gave the staff report and answered questions of the council. Councilmember Juenemann moved to adopt the Resolution approving a Comprehensive Land Use Plan Amendment from P (Park) to LDR (Low Density Residential) for the property located west of Gloster Park. RESOLUTION 13-2-869 LAND USE PLAN AMENDMENT WHEREAS, the City of Maplewood Planning Staff has requested a change to the City of Maplewood’s land use plan from P (park) to LDR (low density residential). WHEREAS, this change applies to the property located west of Gloster Park. The property identification number is: 16 29 22 42 0057 February 25, 2013 City Council Meeting Minutes 11 WHEREAS, the history of this change is as follows: 1. On February 5, 2013, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 recommended that the city council approve the land use plan change. 2. On February 25, 2013, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above described change for the following reasons: 1. The reclassification to LDR would eliminate an inconsistency between the zoning map and the land use plan. 2. Private property should not be guided for public use. This action is subject to the Metropolitan Council approving this land use plan amendment before it is official. The Maplewood City Council approved this resolution on February 25, 2013. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approve Authorization for Improvements at 1902 E. County Road B – Police Department Expansion Phase 1 – Parks & Recreation Department Portion IT Director Fowlds gave the staff report and answered questions of the council. Councilmember Cardinal moved to approve project as Improvements at 1902 E. County Road B – Police Department Expansions Phase 1 – Parks & Recreation Department Portion; approve the plans for the construction work at the Public Works Building; authorize the receipt of project bids for said construction work. Seconded by Councilmember Koppen Ayes – All The motion passed. K. AWARD OF BIDS None L. ADMINISTRATIVE PRESENTATIONS None M. COUNCIL PRESENTATIONS February 25, 2013 City Council Meeting Minutes 12 1. Council Member Cardinal – Request to Place Discussion of Annexation of Property to N. St Paul on Future Agenda Councilmember Cardinal gave the report. Mayor Rossbach moved to not continue discussion about this item by placing it on a future meeting agenda. Seconded by Councilmember Juenemann Ayes – Mayor Rossbach, Council Member Juenemann and Koppen Nays – Council Members Cardinal and Cave The motion passed. 2. Fish Creek Councilmember Juenemann gave an update on the Fish Creek Event Get Together that was held at the MCC on February 22, 2013 indicating that it was a successful event. 3. Snow Shoveling Councilmember Juenemann encouraged residents that have fire hydrants on their property to assist the City with shoveling around them if they are able. 4. Listening Forum Councilmember Koppen suggested that the city council not conduct the Listening Forum that is held at 6:30 p.m. before council meetings until a better way is decided on how to conduct it. It was agreed that the council would look for other opportunities and discuss the issue at the upcoming council retreat or a future council workshop. 5. Charitable Gambling Funds Mayor Rossbach inquired if there were some funds left in the charitable gambling fund. He further asked if the council could request some of the money be spent on something. Assistant City Manager Ahl answered questions related to charitable gambling requests. Mayor Rossbach further explained that he had been contacted by a representative of Redeeming Love Church for funding for a Dental Bus that travels around to help the homeless with dental work. 6. Death of Cable Commission Member Councilmember Cardinal informed residents that Cable Commissioner George Rouse of W hite Bear Township passed away last Saturday and offered condolences to his family and friends. Further Council Comments Mayor Rossbach informed residents that the City Council will have a joint workshop with the City of Oakdale on Tuesday, February 26, 2013 at Oakdale City Hall at 5:00 p.m. City Manager Antonen reminded council that the March 4th City Council Workshop has been cancelled due to the council retreat on March 6th. N. ADJOURNMENT Mayor Rossbach adjourned the meeting at 8:21 p.m.