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HomeMy WebLinkAbout2017-05-22 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 22, 2017 City Hall, Council Chambers Meeting No. 10-17 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:01 p.m. by Mayor Slawik. Mayor Slawik announced the opening of Aldi located at 3000 White Bear Avenue, Maplewood. Councilmember Juenemann gave specific information about the opening. Councilmember Abrams gave additional information about the opening. Mayor Slawik reported that Weaver Elementary held a special event last Friday. City Manager Coleman gave specific information about the special event— Leader in Me Day. Councilmember Abrams gave additional information about the event. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Absent D. APPROVAL OF AGENDA The following items were added to the agenda under Appointments and Presentations, Council Presentations: Rice-Larpenteur Corridor Housing Study by the League of Women Voters Tartan Ice Arena Joint Powers Agreement Meeting Ramsey County Master Gardner Rush Line Corridor Councilmember Smith moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. E. APPROVAL OF MINUTES 1. Approval of May 8, 2017 City Council Workshop Minutes May 22, 2017 1 City Council Meeting Minutes Councilmember Juenemann moved to approve the May 8, 2017 City Council Workshop Minutes as submitted. Seconded by Councilmember Smith Ayes — Mayor Slawik, Council Members Juenemann and Smith Abstain — Councilmember Abrams (Was not present at 05/08/2017 meeting) The motion passed. 2. Approval of May 8, 2017 City Council Meeting Minutes Councilmember Smith moved to approve the May 8, 2017 City Council Meetinq Minutes as submitted. Seconded by Councilmember Juenemann Ayes — Mayor Slawik, Council Members Juenemann and Smith Abstain — Councilmember Abrams (Was not present at 05/08/2017 meeting) The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave the update to the council calendar. City Manager Coleman gave an update on the hiring of the Public Safety Director. 2. Council Presentations Rice-Larpenteur Corridor Councilmember Juenemann gave an update on the Rice-Larpenteur Corridor monthly meeting she attended last week. League of MN Voters & Housing Councilmember Juenemann reported on the housing study that was conducted by the League of Women Voters. Tartan Ice Arena Joint Powers Agreement Meeting Councilmember Smith reported on the Tartan Ice Arena Joint Powers Agreement meeting with the board he attended last week. May 22, 2017 2 City Council Meeting Minutes Ramsey County Master Gardner Councilmember Smith reported on the Ramsey County Master Gardner's Plant Sale at the Ramsey County Fairgrounds he went to. Rush Line Corridor Mayor Slawik reported that there will be a Rush Line Corridor meeting on Thursday, May 25, 2017 at 2:00 p.m. in the City of White Bear Lake. 3. Presentation of Awards a. Response to Structure Fire — Lifesaving Award Officer Pam Vang and Firefighter/Paramedic Rich Dawson; Medal of Commendation Officer Scott Langner Public Safety Director Schnell gave the staff report and presented the awards to Officer Vang, Firefighter/Paramedic Dawson and Officer Langner. b. Medical Intervention —CPR: Lifesaving Award Officer Pheng Her and Officer Parker Olding Public Safety Director Schnell gave the staff report and presented the awards to Officer Her and Officer Olding. c. Citizen Award — David Marshall Public Safety Director Schnell gave the staff report and presented the award to Citizen David Marshall. 4. Swearing-in Ceremony— Police Officer Nicholas Lenertz Public Safety Director Schnell gave the staff report. City Clerk Sindt performed the swearing in for Police Officer Lenertz. 5. Approval of Resolution of Appreciation for Paul Schnell, Director of Public Safety Mayor Slawik read the resolution of appreciation for Public Safety Director Schnell. Councilmember Juenemann moved to approve the Resolution of Appreciation for Paul Schnell, Director of Public Safety, for his service with the City of Maplewood. Resolution 17-05-1460 Resolution of Appreciation WHEREAS, Paul Schnell was hired as the Police Chief of the City of Maplewood in July of 2013; WHEREAS, Chief Schnell was promoted to the position of Director of Public Safety of the City of Maplewood on November 2, 2015; May 22, 2017 3 City Council Meeting Minutes WHEREAS, Chief Schnell has provided the City of Maplewood with tremendous leadership during his tenure, particularly in the areas of 21St century policing, racial equity, and data-driven decision-making; WHEREAS, Chief Schnell advanced police transparency through the Use of Force Workgroup, web publishing of key departmental metrics, and web publishing of the department policy manual; WHEREAS, Chief Schnell made considerable advances in department technology, including: police records management system, integrated timekeeping scheduling system for sworn police department staff, deployment of smart phones for creation of a more seamless mobile office environment for patrol officers, implementation of fleet telematics system to monitor the department's fleet, development of an integrated digital evidence system, police body worn cameras, and implementation of crime analytics system; WHEREAS, through his professional experience as a patrol officer, patrol supervisor, sex crimes and child abuse investigator, and public information officer, Chief Schnell enhanced the City of Maplewood's public safety capabilities; WHEREAS, through his support of National Night Out, WOW events, and numerous task forces and citizen's groups, Chief Schnell has gone above and beyond in the areas of public relations; WHEREAS, Chief Schnell developed police department policy regarding the department's role in immigration matters and expanded the department's community outreach and profile as a leading and progressive law enforcement agency. NOW, THEREFORE, IT IS HEREBY RESOLVED, for and on behalf of the City of Maplewood, Minnesota, and its citizens that Paul Schnell, Director of Public Safety, is hereby extended our gratitude and appreciation for his years of service to the City of Maplewood and the State of Minnesota. Seconded by Councilmember Abrams Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. G. CONSENT AGENDA Councilmember Juenemann moved to approve agenda items G1-G5. Seconded by Councilmember Abrams Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. City Council recessed at 8:03 p.m. City Council reconvened at 8:13 p.m. May 22, 2017 4 City Council Meeting Minutes 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE $ 373,294.09 Checks # 99628 thru #99664 dated 05/1/17 thru 5/9/17 $ 326,395.46 Disbursements via debits to checking account dated 05/01/17 thru 05/05/17 $ 192,441.19 Checks #99666 thru #99694 dated 05/16/17 $ 459,797.48 Disbursements via debits to checking account dated 05/08/17 thru 05/12/17 $ 1,351,928.22 Total Accounts Payable PAYROLL $ 498,957.00 Payroll Checks and Direct Deposits dated 05/05/17 $ 1,187.68 Payroll Deduction check # 99102701 thru # 99102703 dated 05/05/17 $ 500,144.68 Total Payroll $ 1,852,072.90 GRAND TOTAL Seconded by Councilmember Abrams Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. 2. Approval of Resolution to Adopt State Performance Measures Councilmember Juenemann moved to approve the Resolution to Adopt State Performance Measures. Resolution 17-05-1461 RESOLUTION ADOPTING STATE PERFORMANCE MEASURES WHEREAS, Benefits to the City of Maplewood for participation in the Minnesota Council on Local Results and Innovation's comprehensive performance measurement program are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; and May 22, 2017 5 City Council Meeting Minutes WHEREAS, Any city or county participating in the comprehensive performance measurement program is also exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS, The City Council of Maplewood has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a system to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes; and NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of Maplewood will continue to report the results of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city's website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, The City Council of Maplewood will submit to the Office of the State Auditor the actual results of the performance measures adopted by the city/county. Seconded by Councilmember Abrams Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. 3. Approval of Resolution Entering Into a Master Partnership Contract Between the Minnesota Department of Transportation and the City of Maplewood Councilmember Juenemann moved to approve the resolution that authorizes the City of Maplewood to enter into a Master Partnership Contract between the Minnesota Department of Transportation and the City of Maplewood. The Mayor and City Manager are authorized to sign said Contract signifying council approval. Minor revisions as approved by the City Attorney are authorized as needed. Resolution 17-05-1462 Master Partnership Contract Whereas, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and Whereas, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and Whereas: the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. May 22, 2017 6 City Council Meeting Minutes Therefore, be it resolved: 1. That the City of Maplewood enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the City Council. 2. That the proper City officers are authorized to execute such contract and any amendments thereto. 3. That the City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City Engineer may execute such work order contracts on behalf of the City of Maplewood in conformance with the City's most current Purchasing Policy. Seconded by Councilmember Abrams Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. 4. Approval to Enter into Agreement with Ramsey Conservation District for Rain Garden Retrofit Program Councilmember Juenemann moved to approve the City of Maplewood to enter into an agreement with Ramsey Conservation District for the Rain Garden Retrofit Program. The Mayor and City Manager are authorized to sign said agreement signifying City Council approval. Minor modification approved by the City Attorney are authorized as needed for the agreement. Seconded by Councilmember Abrams Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. 5. Approval of Purchase for 2017/2018 Road Salt Councilmember Juenemann moved to approve the purchase of de-icing salt under state contract in an amount estimated at$60,000.00 and authorize an internal budget transfer (utilizing existing funds) in the amount of$25,000.00 for additional bituminous purchases. Seconded by Councilmember Abrams Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. H. PUBLIC HEARINGS None May 22, 2017 7 City Council Meeting Minutes I. UNFINISHED BUSINESS 1. Consider Approval of Resolution for the Establishment of a Police Advisory Commission Police Chief Schnell gave the staff report. City Manager Coleman answered questions of the council. Councilmember Juenemann moved to approve the resolution for the establishment of a Police Advisory Commission. Resolution 17-05-1463 Resolution for the Establishment of a Police Advisory Commission WHEREAS, on July 11, 2016, the Maplewood City Council established a "Use of Force Workgroup" to foster effective, fair, and transparent police service delivery; and WHEREAS, the Workgroup, made up of a diverse cross-section of the Maplewood community, invested considerable time, energy, and effort reviewing the police department's use of force policies and related consideration to police officer training, development, and wellness; and WHEREAS, the Workgroup completed its appointed task offering a range of policy and training recommendations along with recommendations for continued involvement and oversight of police operations, policy, training and outcome metrics; and WHEREAS, the police department has adopted the recommendations of the Workgroup and is publishing the policy manual in its entirety on the police department's webpage. NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council directs the establishment of a Council appointed nine-member Police Advisory Commission, and further directs that the following serve as the Commission's Charter: The Police Advisory Commission shall be convened by the City's police chief and will meet not less than four times annually; The police chief shall ensure that a police sergeant and two police officers are present at each meeting of the Police Advisory Commission. The police chief may engage additional departmental participation as is needed; The Commission will review quantitative data and qualitative information provided by the department, with the goal of: growing police - community partnerships; strengthening trust and legitimacy; deepening understanding of the complexities of modern policing and police procedures; and seeking solutions for any disparate outcomes that may be identified through analysis; During three of the four annual meetings, the police chief or his/her designee shall May 22, 2017 8 City Council Meeting Minutes minimally provide the Police Advisory Commission with an overview summary of following: • Department staffing changes, including hiring, pending retirements, promotions • Budget expenditures, including single line items exceeding year-to-date expectations by more than 20% • Number and types of complaints received since the last meeting of the body • An overview of use of force, including the number of use of force encounters, levels of injury, discharge of a firearm (excluding dispatch of an injured or sick animal), repeat use of force encounters by employee, and levels of injury to officer or subject based on the use of force incident, if any • Overview of departmental efforts to promote full-spectrum officer wellness • The details of the underlying incident and final disciplinary action imposed on any police department employee since the previous report • Number of citations issued since previous report • Number of custodial arrests since previous report • Summarization of collected traffic stop data • Personnel complainant race data, if known • Use force data by race and gender • Arrests by race and gender, as known • Status of implementation of President's Task Force on 21St Century Policing recommendations • Overview of use and integration of crime analytics to drive departmental strategy • Overview and summary of department training since previous report • Recommendations for or substantial changes to policies pertaining to officer use of force, training, conduct, body camera use or other high-profile policy concerns, unless required by law; The police chief shall query members of the Workgroup to determine the number of Workgroup members interested in serving as a member of the Police Advisory Commission; The police chief shall submit to the City Manager the names of current Workgroup members interested in continued service on the Police Advisory Commission and in the event of vacancies (below nine members), the City Manager shall post for applications to serve on the Police Advisory Commission following established City protocols; The police chief, in collaboration with the city manager's office, shall submit the full slate of Police Advisory Commission candidates for final appointment to the Commission and establishment of staggered terms; The Commission will, as needed, assist police department staff in identifying community- based initiatives or partnerships focused on prevention and intervention; The Maplewood Police Advisory Commission will serve as a recognized public body subject to all Minnesota open meeting laws. The Commission will strive to create opportunities for candid, constructive, and substantive policing-focused conversations that are fully compliant with Minnesota law; May 22, 2017 9 City Council Meeting Minutes The Police Advisory Commission, in collaboration with the police chief, may organize opportunities of small group or subcommittee discussions between commission members and command staff to share perspectives and learn from one another. In addition, the City Manager must be notified of such meetings; The Commission will meet at Maplewood City Hall or in other public locations around the city and will not be expected to adopt the more formal practices of a traditional City Commission, such as video recording or broadcasting. All other commission requirements established by Minnesota law and City policy shall be followed (i.e. posted meeting notice, published meeting agenda, and published and web posted summary minutes); In an effort to ensure orderly departmental operations, a clear chain of command, and the integrity of the City's collective bargaining agreements with police department personnel, there shall be no discussions with and between individual members or sub- group members of either the police department or the advisory commission; The Commission's formal authority will be limited to making recommendations to the department and presenting an annual written report to the City Council, which will include departmental performance data; The Commission will present an annual report to the City Council. In addition, the Police Chief and the City Manager will keep the City Council informed of Agenda Item topics, and other relevant issues; The Commission shall have no involvement in the management or discipline of employees and will not rule on departmental actions; The Commission will not be involved in real-time review of critical or high-profile police incidents. When appropriate and at the discretion of the police chief, the Commission may be convened for the purpose of assisting the department with community outreach, or helping to educate the broader community on departmental processes, or for post- incident continuous improvement review; Finally, following the establishment of the Commission members and their respective terms, the Mayor shall appoint one member to serve as Chairperson and Vice Chairperson. Seconded by Councilmember Abrams Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. 2. Consider Approval of 2017-2018 Collective Bargaining Agreements a. A.F.S.C.M.E. Council No. 5 Local 2725 b. Maplewood Confidential & Supervisory Group (MCSA) c. Metro Supervisory Group (MSA) d. Police Sergeants, LELS, Local 173 Assistant City Manager/HR Director Funk gave the staff report and answered questions of the council. May 22, 2017 10 City Council Meeting Minutes Councilmember Abrams moved to approve the 2017 and 2018 Collective Bargaining Agreements between the City of Maplewood and the following four (4) bargaining units: A.F.S.C.M.E. Council No. 5 Local 2725, Maplewood Confidential & Supervisory Group (MCSA), and the Metro Supervisory Group (MSA), Police Sergeants, LELS, Local 173; and authorize the Mayor and City Manager to execute said contracts on behalf of the City. Seconded by Councilmember Smith Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. J. NEW BUSINESS 1. Consider Approval of New Corporate Officers and Establishment Manager for the Crooked Pint, 1734 Adolphus Street City Clerk Sindt gave the staff report. Ross Inselman, Manager of Crooked Pint addressed the council to answer questions. Councilmember Juenemann moved to approve the new corporate officers, Alan Korpi and Tobin Korpi; and establishment manager Ross Inselman of the Crooked Pint, 1734 Adolphus Street, contingent upon completion of the business transaction set to occur on June 1, 2017. Seconded by Councilmember Abrams Ayes — Mayor Slawik, Council Members Abrams, Juenemann Abstain — Councilmember Smith (Family connection to the business) The motion passed. 2. Consider Approval of a Resolution Authorizing a Wetland Buffer Variance for 2224 Woodlynn Avenue Environmental Planner Finwall gave the staff report. Commissioner Fred Dahm gave the report from the planning commission. Councilmember Abrams moved to approve the resolution authorizing a 30-foot wetland buffer variance for 2224 Woodlynn Avenue East for the construction of a new single family house. Approval is based on the following reasons: 1. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2. Approval of the wetland buffer variance will include the restoration of the remaining wetland buffer, which will improve the water quality of the wetland. May 22, 2017 11 City Council Meeting Minutes 3. Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City's comprehensive plan as residential. Approval of the wetland buffer variance shall be subject to the following: 1. Prior to issuance of a grading permit for the new single family house the applicants must submit: a. A tree plan which shows the location, size, and species of all significant trees located on the lot, and the trees that will be removed with the construction of the new single family house. Removal of significant trees with the construction of the single family house must comply with the City's tree preservation ordinance and tree replacement requirements. b. A grading plan which shows the location of a retaining wall to be constructed on the southwest corner of the house, adjacent the wetland buffer. The retaining wall should extend approximately 40 feet along the wetland buffer edge, stopping near the middle of the lot where the slopes begin to level off. C. A wetland buffer restoration plan to be approved by City staff. The restoration plan will reflect native plantings within a 25- to 50-foot area adjacent the wetland. d. An escrow to cover up to 150 percent of the cost of the wetland buffer restoration. 2. Prior to release of the escrow, the wetland buffer plantings must be established. Resolution 17-05-1464 Variance Resolution WHEREAS, Mark Gergen applied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 2224 Woodlynn Avenue East, Maplewood, MN. The property identification number is 02-29-22-11-0102. The legal description is Lot 18, Block 1, Netnorlin, Ramsey County, Minnesota. WHEREAS, Section 12-310 of the City's ordinances (Wetlands and Streams) requires a wetland buffer of 50 feet adjacent to Manage C wetlands. WHEREAS, the applicants are proposing to construct a single family house and grading for the house to within 20 feet of a Manage C wetland, requiring a 30-foot wetland buffer variance. WHEREAS, the history of this variance is as follows: May 22, 2017 12 City Council Meeting Minutes 1. On May 15, 2017, the Environmental and Natural Resources Commission reviewed the variance and recommended approval of the wetland buffer variance to the Planning Commission and City Council. 2. On May 16, 2017, the Planning Commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. 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 the city staff and Environmental and Natural Resources Commission. The Planning Commission recommended approval of the wetland buffer variance to the City Council. 3. The City Council held a public meeting on May 22, 2017, to review this proposal. The City Council considered the report and recommendations of the city staff, the Environmental and Natural Resources Commission, and the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approved the above-described variance based on the following reasons: 1. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2. Approval of the wetland buffer variance will include the restoration of the remaining wetland buffer, which will improve the water quality and wildlife habitat of the wetland. 3. Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City's comprehensive plan as residential. Approval of the wetland buffer variance shall be subject to the following: 1. Prior to issuance of a grading permit for the new single family house the applicants must submit: a. A tree plan which shows the location, size, and species of all significant trees located on the lot, and the trees that will be removed with the construction of the new single family house. Removal of significant trees with the construction of the single family house must comply with the City's tree preservation ordinance and tree replacement requirements. b. A grading plan which shows the location of a retaining wall to be constructed on the southwest corner of the house, adjacent the wetland buffer. The retaining wall should extend approximately 40 feet along the wetland buffer edge, stopping near the middle of the lot where the slopes begin to level off. May 22, 2017 13 City Council Meeting Minutes C. A wetland buffer restoration plan to be approved by City staff. The restoration plan will reflect native plantings within a 25- to 50-foot area adjacent the wetland. d. An escrow to cover up to 150 percent of the cost of the wetland buffer restoration. 2. Prior to release of the escrow, the wetland buffer plantings must be established. Seconded by Councilmember Juenemann Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. 3. Consider Approval of a Community Ambassadors Agreement Between the City of Maplewood and the Hallie Q. Brown Center on Behalf of the Community Ambassadors Program Lieutenant Crotty gave the staff report. City Manager Coleman answered questions of the council. Councilmember Juenemann moved to approve the Community Ambassadors Agreement Between the City of Maplewood and Hallie Q. Brown Center on Behalf of the Community Ambassadors Program. Seconded by Councilmember Abrams Ayes — Mayor Slawik, Council Members Abrams, Juenemann and Smith The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Slawik adjourned the meeting at 9:10 p.m. May 22, 2017 14 City Council Meeting Minutes