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HomeMy WebLinkAbout11-13-2006 City Council Meeting November 13, 2006 1 MINUTES MAPLEWOOD CITY COUNCIL 7: 03 P.M. Monday, November 13, 2006 Council Chambers, City Hall Meeting No. 06-28 A. CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 7:03 P.M. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Absent D. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as amended. G1. Item G1 will be heard prior to Visitor Presentations M1. Update on Conservation Easements M2. Update on Mayor’s Forum M3. Betty McCollum Meeting Seconded by Councilmember Hjelle Ayes-All E. APPROVAL OF MINUTES 1. Minutes from the October 16, 2006 Council/Manager Workshop Councilmember Juenemann moved to approve the minutes from the October 16, 2006 Council/Manager Workshop as presented. Seconded by Councilmember Hjelle Ayes-All 2. Minutes from the October 23, 2006 Council/Manager Workshop Councilmember Cave moved to approve the minutes from the October 23, 2006 Council/Manager Workshop as presented. Seconded by Councilmember Hjelle Ayes-All 3. Minutes from the October 23, 2006 City Council Meeting Councilmember Cave moved to approve the minutes from the October 23, 2006 City Council Meeting as presented. Seconded by Councilmember Hjelle Ayes-All City Council Meeting November 13, 2006 2 G. APPOINTMENTS/PRESENTATIONS 1. Charles Bethel, City Attorney for Human Resources, Status of 2007 Labor Contract Negotiations a. Charles Bethel defined collective bargaining and presented an update on the status of the 2007 labor contract negotiations. b. Steve Roy explained the process for determining salaries for specific positions, COLA (Cost of Living Adjustment) and the elimination of the merit pay bonus program. c. Mr. Bethel explained the genesis of the Maplewood Confidential and Supervisory Association and the status of the negotiation meetings with each bargaining unit. d. City Manager Copeland informed council that any cancellations and rescheduling of negotiation meetings were cancelled by the bargaining units not by Mr. Bethel. F. VISITOR PRESENTATIONS 1. Nancy Lazaryan, 10734 West Lake Road, Rice, spoke regarding pending litigation. Mayor Longrie reminded Ms. Lazaryan she needs to approach her issues under the rules of civil procedures and asked that she take her litigation to the court room. 2. Dave Schilling, 1955 Greenbrier Street, commented on the recently published Maplewood Salary Survey in the city news. 3. Bill Kayser, 6408 1st Avenue North, attempted to speak about pending litigation and was firmly reminded by Mayor Longrie that a City Council Meeting is not the forum to continually attempt to litigate his claims. A two minute break was taken. H. PUBLIC HEARINGS 1. 8:17 p.m. South Maplewood Development Moratorium Ordinance (Second Reading) a. Planner Roberts presented the report. b. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following persons were heard: Jim Kerrigan, 2620 Carver Avenue, Maplewood Mary Dierich, Maplewood Planning Commissioner and resident (2624 Promontory Place) Ron Cockriel, 943 Century Avenue, Maplewood Joe Bailey, 1615 S. Sterling Street, Maplewood Gordon Bailey, 1325 Bailey Road, Newport Phill Soby, Developer and owner of 1525 Sterling Street S., Maplewood Sharon Soby, 1525 Sterling Street S., Maplewood Steve Mylnarczyk, 1364 Dorland Road S. Maplewood Carl Erb, 2354 Heights Avenue, Maplewood Amy Kaiser, 1400 Sterling Street S., Maplewood Mark Bonitz, 1635 Sterling Street S., Maplewood Mark Vogel, 1420 Sterling Street S., Maplewood Michael Bailey, 1695 Sterling Street S., Maplewood Sue Bonitz, 1635 Sterling Street S., Maplewood Jeff Vogt, 378 Ripley Avenue, Maplewood Jamie Jensen, 1517 Dawn Circle, Arden Hills Greg Thompson, 1528 Haller Court, Maplewood John Gores, 2870 Arcade Street, Maplewood Pat Bailey, 1678 Sterling Street S., Maplewood City Council Meeting November 13, 2006 3 Carolyn Peterson, 1801 Gervais Avenue, Maplewood Mayor Longrie requested the following letter be entered into the record: City Council Meeting November 13, 2006 4 City Council Meeting November 13, 2006 5 City Council Meeting November 13, 2006 6 City Council Meeting November 13, 2006 7 c. Mayor Longrie closed the public hearing. Councilmember Hjelle moved to adopt the following second reading of the following ordinance for the purposes of protecting the planning process, the health, safety and welfare of the citizens of Maplewood and for developing land use and zoning standards and land use planning for the area south of Carver Avenue in Maplewood, Minnesota with the following changes: Add: Section 2 should include the Historic Preservation Commission and the Environmental and Natural Resources Commission Clarify: Section 1-1.02 should clarify that the objective of the study is to review existing and planned uses and zoning designations and existing natural and constructive features of the south Maplewood Study Area. This should include review of the diversity of housing options within Maplewood as result of the zoning and that those items that were part of the study of 1.03 be amended to incorporate what was in the first reading of the ordinance. ORDINANCE NO. 876 AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS, FOR PROTECTING THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF MAPLEWOOD AND FOR DEVELOPING LAND USE AND ZONING STANDARDS AND LAND USE PLANNING FOR THE AREA SOUTH OF CARVER AVENUE IN MAPLEWOOD, MINNESOTA The area under consideration in this ordinance (hereinafter referred to as the “South Maplewood Study Area”) includes all the land south of Carver Avenue in Maplewood (refer to the South Maplewood Study Area map for the location) that the city has zoned F (farm residence) and R-1(R) (rural residential). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood is currently conducting a study that includes land use, zoning and planning components for the area south of Carver Avenue. 1.02 The objective of the study is to review existing and planned land uses and zoning designations and the existing natural and constructed features in the south Maplewood study area, including a review of the diversity of housing options within Maplewood because of the zoning. From this information, the city may make changes to the comprehensive plan, the zoning ordinance or the land use plan in the area to create better-planned and constructed developments and neighborhoods. 1.03 In addition to the study, the city may need to revise the city’s zoning ordinance, zoning map, land use map and comprehensive plan because of the following issues: - Land use - Minimum lot sizes - Public utility availability (including sewer and water and the costs and impact on the area) - Building setbacks - Open space connectivity - Existing city and county public land uses - Parks and trails connections - Mississippi River Critical Area considerations - Mississippi National River and Recreational Area (MNRRA) considerations, including those of neighboring communities - Metropolitan Council Requirements and Land Planning Guide Book (including, but not limited to, the strategies for protecting special resources including solar access, wind energy access, the urban service area and historic preservation). City Council Meeting November 13, 2006 8 - Pedestrian flow and safety - Parking - Historical features and the objectives listed in the Maplewood Comprehensive Plan - Topography - Wetlands, ponding and other water features - Storm-water systems and management requirements - Housing density - The percentage of R-1(R) acreage to other land use acreage for residential purposes in Maplewood. - The percentage of R-1(R) housing potential in relation to other designations for housing opportunities in Maplewood, i.e. single dwelling, 40,000 square foot lots versus 10,000 square foot lots, R-1, R- 1(S), mid-density, high density to provide a comprehensive list of the housing options in Maplewood. - The financial impacts of development on the city - Street patterns and traffic flows - Ramsey/Washington Metro Watershed District considerations and requirements - MnDOT Highway and Traffic Plans for the area, including traffic and public safety - Preservation of housing and life-style options 1.04 There is a need for the city to do these studies so that the city staff and the city council will have current and relevant information before considering or making any changes to the city’s comprehensive plan and to the city’s zoning ordinance, zoning map and land use map for the area south of Carver Avenue. SECTION 2. DEVELOPMENT AND REDEVELOPMENT STUDY; MORATORIUM 2.01 The city council authorizes the city staff to do this study. City staff shall coordinate this study with the planning commission, the environmental and natural resources commission, the historical preservation commission, other government agencies, property owners, interested citizens, the city council and any other entities that may provide input to the study. 2.02 Upon completion of the study, city staff will present the study and its results to the planning commission for their review and recommendation to the city council. 2.03 A moratorium on development in the south Maplewood Study Area is adopted pending completion of the study and/or the adoption of any amendments to the city’s zoning ordinance, zoning map, land use map or comprehensive plan as the city deems necessary because of the study. The city will not approve any new development, subdivision or building permit for a new building, except for those parcels that are two acres in size or smaller and now of record, during the moratorium period. Maplewood may issue building permits for the expansion or remodeling of existing structures, for accessory structures or for one new principal structure on an existing lot of record where the owner does not subdivide the property. SECTION 3. TERM 3.01 The term of ordinance shall be for one year or until the city council adopts amendments to the city’s zoning ordinance, zoning map, land use map or comprehensive plan as the city deems necessary because of the study or the city council takes any action that directly affects the study or the ordinance. SECTION 4. VARIANCES 4.01 The city council, at their discretion, may grant variances from this ordinance based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. City Council Meeting November 13, 2006 9 b. The application for a variance shall set forth special circumstances or conditions that the applicant alleges to exist and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. c. The city will submit the application to the planning commission for their review and recommendation to the city council. d. The city council may set, at its discretion, a public hearing before making a final determination on the requested variance. e. The city council may impose such restrictions upon the proposed subdivision or development as may be necessary to meet the purpose and intent of this ordinance. Seconded by Mayor Longrie Ayes-All 9:19 p.m. A five minute break was taken. 2. 9:35 p.m. Saint Paul Tourist Cabins Manufactured Home Park Closing (940 Frost Avenue) a. Senior Planner Ekstrand presented the report. b. City Attorney Kantrud answered council questions. c. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following person was heard: Steven Renderos, All Parks Alliance for Change (APAC), St. Paul d. Mayor Longrie closed the public hearing. e. City Manager Copeland stated research confirmed staff’s decision regarding an ordinance in 2002 was that State Statute provides protection for park residents. f. Phil Johnson, Tourist Park Owner, felt confident the due to the concerted efforts made that a settlement was made in good faith that was satisfactory to all park home owners. g. Bart Montanari, developer of the Tourist Cabin site, requested assistance from council on expediting a resolution with the one remaining resident. Mayor Longrie moved to direct staff to provide council a report at the November 27th Council meeting listing the sale transaction figures from all of the manufactured homes already purchased by the developer, to assist council in determining a buyout award if an agreement is not made between the developer and the one remaining park home owner. Seconded by Councilmember Cave Ayes-All I. CONSENT AGENDA Councilmember Hjelle moved to approve consent agenda items 4, 5-6, 8, 10-11, 13-16, 18, and 20. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann requested a breakdown of the two invoices from Bethel and Associates. Councilmember Hjelle moved to approve consent agenda item 1. Seconded by Councilmember Cave Ayes-All City Council Meeting November 13, 2006 10 Councilmember Cave moved to approve consent agenda item 2 with the caveat that council receives information on the balance of the working capital for un-assessed improvement costs and the reserve for the future capital outlay. Seconded by Councilmember Ayes-All Mayor Longrie moved to table consent agenda item 3 until the November 27th City Council Meeting for staff to bring requested information to council. Seconded by Councilmember Hjelle Ayes-Mayor Longrie, Councilmembers Cave and Hjelle Nay-Councilmember Juenemann Councilmember Juenemann moved to approve consent agenda item 7. Seconded by Councilmember Hjelle Ayes-All Councilmember Juenemann moved to approve consent agenda item 9. Seconded by Councilmember Hjelle Ayes-All Councilmember Juenemann moved to approve consent agenda item 12. Seconded by Councilmember Hjelle Ayes-All Councilmember Juenemann moved to approve consent agenda item 17. Seconded by Councilmember Hjelle Ayes-All Councilmember moved to approve consent agenda item 19. Seconded by Councilmember Ayes-All Councilmember Cave requested the balance of the Fleet Management fund. Councilmember Cave moved to approve consent agenda item 21. Seconded by Councilmember Hjelle Ayes-All 1. Approval of Claims ACCOUNTS PAYABLE: $ 1,111,969.61 Checks # 71125 thru # 71179 dated 10/16/06 thru 10/24/06 $ 138,528.94 Disbursements via debits to checking account dated 10/13/06 thru 10/19/06 $ 148,861.16 Checks # 71180 thru # 71230 dated 10/25/06 thru 10/31/06 Disbursements via debits to checking account City Council Meeting November 13, 2006 11 $ 302,088.39 dated 10/20/2006 thru 10/26/2006 $ 807,840.37 Checks # 71231 thru # 71280 dated 11/01/06 thru 11/07/06 $ 125,678.08 Disbursements via debits to checking account dated 10/27/06 thru 11/02/06 $ 2,634,966.55 Total Accounts Payable PAYROLL $ 555,275.13 Payroll Checks and Direct Deposits dated 10/20/06 $ 2,305.25 Payroll Deduction check # 1000156 thru # 1000157 dated 10/20/06 $ 458,779.27 Payroll Checks and Direct Deposits dated 11/03/06 $ 2,305.25 Payroll Deduction check # 1000268 thru # 1000269 dated 11/03/06 $ 1,018,664.90 Total Payroll $ 3,653,631.45 GRAND TOTAL 2. Sanitary Sewer Rates for 2007 Approved the 8.1% increase in sanitary sewer rates effective January 1, 2007 to provide the revenues anticipated in the 2007 budget. 3. Environmental Utility Rates for 2007 Tabled the 20% increase in the environmental utility rates. 4. Increase in Miscellaneous Service Charges Approved the following increase in Community Development Department service charges effective January 1, 2007: City Council Meeting November 13, 2006 12 5. Increase in Community Development Service Charges Approved the first reading of the ordinance to increase Community Development services charges effective January 1, 2007. 6. Transfers for Unassessed Improvements Authorized a $114,920 transfer from the Sanitary Sewer Fund to the Debt Service Fund for the 2003 Sewer Revenue Bonds and a $33,460 transfer from the Water Availability Charge Fund- St. Paul Water District to the Debt Service Fund for the 2002 Improvement Refunding Bonds and the appropriate budget changes. City Council Meeting November 13, 2006 13 7. Recreation Program Grants Accepted grant monies from the Maplewood/Oakdale Lions Club ($500) and the Minnesota Recreation and Parks foundation ($800) for a new program entitled “Walk to New York”. 8. Authorization to Purchase ArcIMS Software and Server Authorized the purchase of the ArcIMS server and software to expand GIS capabilities for both City staff and Maplewood citizens. 9. Conditional Use Permit Review – Schmelz Countryside Motors (1180 Highway 36 East) Approved a conditional use permit for the expansion of a nonconforming automobile repair facility and sales/storage located at Countryside Motors located at 1180 Highway 36 East, and approved to review conditional use permit again if a problem arises in the near future or an expansion or change is proposed. 10. Conditional Use Permit Review – Saint Paul Business Center East (1983 - 2025 Sloan Place) Approved the conditional use permit for the St. Paul Business Center East again in one year (November 2007) to ensure compliance with all city conditions of approval. 11. Conditional Use Permit Review – Venburg Tire (3001 Maplewood Dr N) Approved to review the conditional use permit for Venburg Tire again only if a problem arises or if the applicants propose a change to the site. 12. Conditional Use Permit Review – Woodlynn Ponds Townhomes (Chisholm Court, south of County Road D) Approved to review the conditional use permit for the Woodlynn Ponds Townhomes PUD in one year. 13. Award Contract for 2006-2007 Winter Sand Authorized the Director of Public Works to purchase up to 3,000 tons of winter sand up to a maximum of $26,220 for the 2006-7 winter seasons from Aggregate Industries. 14. Hazelwood Street Improvements from Beam to County Road D, City Project 03-39, Resolution Approving Change Order No. 1 Adopted the following resolution directing the modification of the existing construction contract, Change Order No. 1 for the Hazelwood Street Improvements from Beam Avenue to County Road D, City Project 03-39: RESOLUTION 06-11-136 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03-39, CHANGE ORDER No. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-39, Hazelwood Avenue Street Improvements from Beam to County Road D, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-39, Change Order No. 1, City Council Meeting November 13, 2006 14 as an increase to said contract by an amount of $6,863.72 such that the new contract amount is now and hereby established as $945,821.68. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 1 as a contract increase in the amount of $6,683.72. The revised contract amount is $945,821.68. 15. County Road D Improvements, west of Highway 61, City Project 02-08, Resolution Approving Change Orders 26-28 Adopted the following resolution directing the modification of the existing construction contract, Change Order Nos. 26 and 28 (T.A. Schifsky Contract), for the County Road D West Improvements (TH 61 to Walter Street), City Project 02-28: RESOLUTION 06-11-137 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-08, CHANGE ORDER Nos. 26-28 (T.A. Schifsky Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-08, Change Order No. 26- 28, (T.A. Schifsky Contract), as an increase to said contract by an amount of $24,733.16 such that the new contract amount is now and hereby established as $999,155.38. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 26-28 as a contract increase in the amount of $24,733.16. The revised contract amount is $999,155.38 and, The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $3,702,707.00 shall be established. The proposed financing plan is as follows: Proposed Financing Sources Mn/Dot 532,510.00$ EUF 18,000.00$ Troutland 10,000.00$ Ramsey County 690,582.00$ Vadnais Heights 304,908.00$ SPRWS 33,378.00$ Developer 45,000.00$ Interest on Investments -$ 2006 Bonding 468,544.00$ Special Assessments 1,077,964.00$ Bond Sales 521,821.00$ TOTAL 3,702,707.00$ City Council Meeting November 13, 2006 15 16. Hill-Murray Athletic Facility Addition, City Project 06-13, Approval of Storm Water Best Management Practices Agreement Approved the Storm Water Maintenance Agreement between the Hill Murray Foundation, Inc. and the City of Maplewood. 17. Desoto-Skillman Area Improvements, City Project 06-16, Authorization to Award Contract for Soil Borings and Geotechnical Evaluation Services Authorized a contract with Braun Intertec for soil borings and a geotechnical evaluation for the Desoto-Skillman Area Street Improvement Feasibility Study in the amount of $10,445. 18. Kenwood Area Street Improvements, City Project 05-16, Resolution for Modification of Project Budget Adopted the following resolution directing the modification of the project budget for the Kenwood Area Neighborhood Street Improvements, City Project 05-16: RESOLUTION 06-11-138 DIRECTING MODIFICATION OF PROJECT BUDGET WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05-16, Kenwood Area Neighborhood Improvements, and WHEREAS, it is now necessary and expedient that the project budget be modified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $5,573,230.00 shall be established. The revised financing plan is as follows: Revised Financing Sources General Tax Levy 2,623,710.00$ Assessments 1,454,620.00$ Sewer Fund 567,900.00$ SPRWS 356,100.00$ WAC 83,850.00$ Investment Inter. $60,000.00 RWMWD $92,700.00 EUF 334,350.00$ TOTAL 5,573,230.00$ 19. Public Works Building Addition, City Project 03-19, Authorization to Pay for Office Equipment and Budget Adjustment Approved a payment of $13,403.93 to Intereum, Inc for furnishings for the Public Works Building Addition and that approval be given for the Finance Department to make the appropriate budget adjustment to transfer funds from the Fleet Management Fund to the Public Works Building Addition fund. City Council Meeting November 13, 2006 16 20. Gladstone North Area Street Improvements, City Project 04-15, Resolution Approving Change Order No. 4 Adopted the following resolution directing the modification of the Existing Construction Contract for the Gladstone North Area Street Improvements, City Project 04-15. RESOLUTION 06-11-139 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 04-15 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 04-15, Gladstone North Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 04-15 Change Order No. 4 as an increase to said contract by an amount of $11,742.17, such that the new contract amount is now and hereby established as $1,806,977.72. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 4 as a contract increase in the amount of $11,742.17. The revised contract amount is $1,806,977.72. No revisions to the project budget are proposed at this time, as these changes fall within the original project budget. 21. Group Insurance Contracts Concurred with the following Insurance Labor-Management Committee Group Insurance Contract recommendations: Health Insurance: Move to Medica from Blue Cross Dental Insurance: Move to Assurant from MetLife Long-term and Short-term Disability: No Change Life Insurance: Retain Minnesota Life at a Lower Rate J. AWARD OF BIDS 1. Sanitary Sewer Pipe Television Inspection Equipment a. Public Works Director Ahl presented the report. b. The following persons were heard: Nels Gebben, 2638 Geranium Avenue East, St. Paul John Grove, CUES Inc. Councilmember Juenemann moved to award the bid of $127,441, plus sales tax, license and transfer fees, to Flexible Pipe Tool Company for their Aries televising equipment. Seconded by Councilmember Hjelle Ayes-Councilmembers Cave, Hjelle and Juenemann Nay-Mayor Longrie City Council Meeting November 13, 2006 17 Councilmember Hjelle moved to extend the meeting until all agenda items were addressed. Seconded by Councilmember Cave Ayes-Mayor Longrie, Councilmembers Cave and Hjelle Nay-Councilmember Juenemann 2. Outfield Fence Replacement a. Parks and Recreation Director Anderson presented the report. Councilmember Juenemann moved to authorize the award of bid of outfield fences to Modern Fence in the amount of $49,925 for Goodrich Park with the monies to be allocated from the city park development fund. Seconded by Councilmember Cave Ayes-All 3. Maplewood Community Center Liquor Provider a. Parks and Recreation Director Anderson presented the report. Councilmember Cave moved to select Prom Catering as the sole liquor provider for the Maplewood Community Center effective January 1, 2007 pending a successful, detailed background check by the Maplewood Police Department. Seconded by Councilmember Juenemann Ayes-All K. UNFINISHED BUSINESS 1. Adoption of Electric Franchise Tax Rates for 2007 Xcel Energy Service Area a. Interim City Manager Copeland presented the report. b. Collette Jurek, representing Xcel Energy, addressed council questions. c. The following persons were heard: William O’Brien, 2018 Furness Court, Maplewood Theresa Manzella, 1741 Atlantic Street, Maplewood John Gores, 2870 Arcade Street, Maplewood Mary Boyd, 2600 Montana Avenue East, Maplewood Edward Kivel, 1880 Mary Knoll Avenue, Maplewood Lynda Taklo, 2770 Keller Parkway, Maplewood Bernard Kennedy, 2532 Stillwater Road, Maplewood Aileen Fritsch, 812 N. McKnight Road, Maplewood William Robbins, 2277 Stillwater Road, Maplewood Elizabeth Olson, 2129 McMenemy Road, Maplewood John Nephew, 628 E. County Road B, Maplewood Collette Jurek, second appearance John Gores, second appearance Collette Jurek, third appearance Terry Blomgren, 1225 Ferndale, Maplewood Karen W. 344 Summer Lane, Maplewood Brian Bauman, The Rock Nightclub, 2029 Woodlyn Avenue, Maplewood William Robins, second appearance Gene Lefto, 1762 Barclay Street, Maplewood City Council Meeting November 13, 2006 18 Peggy Peterson, 2522 Adele Street, Maplewood Mindy Macrunnel, 1890 Adele Street, Maplewood Mayor Longrie moved to table the adoption of the Electric Franchise Tax raise pending staff negotiations with Xcel for a proportionate tax rate consistent with the discussions of the evening, with negotiations to begin the week of November 20, 2006. Seconded by Councilmember Hjelle Ayes-All L. NEW BUSINESS 1. Century Avenue Improvements (I-94 to Lake Road), City Project 03-15, Ramsey County Review of Project Details a. Public Works Director Ahl presented the report. b. Dan Soler, Ramsey County Traffic Engineer, provided council with an update on the reconstruction project. No action required or taken. 2. First Reading of Ordinance Adopting an Electric Franchise Tax in the No. St. Paul Utilities Service Area a. City Attorney Kantrud provided the report. Councilmember Juenemann moved to approve the first reading of the Electric Franchise Tax in the No. St. Paul Utilities Service Area with the removal of the rates. Seconded by Councilmember Hjelle Ayes-All 3. Approve New Assessment Rates for 2007 Improvement Projects a. Public Works Director Ahl presented the report. Councilmember Juenemann moved to adopt a resolution adopting the 2007 assessment rates outlined in the Maplewood Pavement Management Policy. Motion died for lack of a second. Councilmember Juenemann moved to adopt the following resolution adopting the 2007 assessment rates outlined in the Maplewood Pavement Management Policy: RESOLUTION 06-11-140 ADOPTION OF THE 2007 ASSESSMENT RATES WHEREAS, the Maplewood Pavement Management Policy has established set assessment rates based on the type of improvement procedure proposed for a given project, and WHEREAS, the policy, established in 1999, calls for the assessment rate to be adjusted each year, and WHEREAS, feasibility studies have been ordered for the 2007 construction season, and WHEREAS, the assessment rates must be established to accurately complete the studies. City Council Meeting November 13, 2006 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The updated assessment rates are approved for all construction in the city of Maplewood during the 2007 construction season. 2. All rates shown are residential. Commercial rates are handled on an individual basis, but are typically figured on a front-foot basis. They are calculated by dividing the residential rate by 75 and multiplying by 1.5 (Res. Rate/75x1.5) to get the front-foot commercial and multi-family residential rate. Street Improvement Procedure 2007 1. Complete Street Reconstruction: $4960 2. Partial Reconstruction/Unit: $3700 3. Bituminous Surface Replacement/Unit: $2590 4. Mill & Overlay/Unit: $1840 Other Improvement Rates 5. Storm drainage/unit: $ 820 6. Cash connect charge - water: $2970 7. Water service w/new main construction: $1130 8. Water service w/tap to existing main: $1400 9. Cash connect charge - sewer: $2970 10. Sewer service w/new main construction $1130 11. Sewer service w/tap to existing main: $2120 Seconded by Councilmember Hjelle Ayes-Councilmembers Cave, Hjelle and Juenemann Nay-Mayor Longrie 4. Selection of Firm to Coordinate the City Manager Hiring Process a. Interim City Manager Copeland presented the report. Councilmember Hjelle moved under Section 2-101 of the Maplewood City Code, appoint and hire Mr. Copland as the permanent Maplewood City Manager, with 1 year probation, starting tomorrow, at a yearly salary of $85,000 including benefits currently given. The council will give Mr. Copeland a mid-year job performance review no later than June 1, 2007. A salary review will occur after successful completion of an additional job performance review no later than October 31, 2007. After satisfactory completion of his probationary period, Mr. Copeland will be entitled to receive 6 months pay and benefits if terminated by the council for any reason other than cause. Mr. Copeland’s powers and duties shall be set forth in Section 2-102 of the Maplewood Code. Seconded by Councilmember Cave Ayes-Mayor Longrie, Councilmembers Cave, and Hjelle Nays-Councilmember Juenemann M. COUNCIL PRESENTATIONS 1. Conservation Easements Mayor Longrie attended a recent presentation on conservation easements and made City Council Meeting November 13, 2006 20 a contact with the Minnesota Land Trust which could prove very positive for Maplewood. 2. Mayor’s Forum The well attended Mayor’s Forum is held the first Saturday of every month and always includes lively conversation about various topics. 3. Representative Betty McCollum Mayor Longrie met with Betty McCollum regarding the Mississippi Area Initiatives. Representative McCollum indicated she would welcome being contacted by council for assistance with study information or possible funding. N. ADMINISTRATIVE PRESENTATIONS 1. City Manager Copeland thanked council for their vote of confidence in hiring him as the City Manager. Councilmember Juenemann’s Comment: Councilmember Juenemann requested the record reflect that she did not understand the reasoning behind selective management salaries being published in an article in the last city news letter. She stated “the people who hold the positions in the article have given the city many years and hours of their best effort to run the city as best they can” and she did not appreciate the comments from elected officials she felt were publicly humiliating to those individuals. O. ADJOURNMENT Mayor Longrie moved to adjourn the meeting at 2:13 a.m.