Loading...
HomeMy WebLinkAbout2019-11-12 City Council Meeting MinutesA C. E. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, November 12, 2019 City Hall, Council Chambers Meeting No. 21-19 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Abrams. Mayor Abrams reported on the Yellow Ribbon Prayer Breakfast and Veteran's Day Celebration she attended last week. PLEDGE OF ALLEGIANCE ROLL CALL Marylee Abrams, Mayor Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Sylvia Neblett, Councilmember Present Bryan Smith, Councilmember Present APPROVAL OF AGENDA The following items were added to the agenda under Council Presentation: A Place for Everyone Storm Drains Councilmember Neblett moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes — All The motion passed. APPROVAL OF MINUTES 1. October 28, 2019 City Council Workshop Minutes Councilmember Neblett moved to approve the October 28, 2019 City Council Workshop Minutes as submitted. Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. October 28, 2019 City Council Meeting Minutes November 12, 2019 City Council Meeting Minutes 1 Councilmember Neblett moved to approve the October 28, 2019 City Council Meeting Minutes as submitted. Seconded by Councilmember Smith Ayes — All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave an update to the council calendar; reviewed other topics of concern or interest requested by councilmembers; and gave an overview of upcoming events in the community. 2. Council Presentations Place for Everyone Councilmember Juenemann reported that a meeting about fair housing in the area called "A Place for Everyone" will be held on Tuesday, November 19th. Storm Drains Councilmember Juenemann encouraged residents that have a storm drain in front of their house to "Adopt a Drain" and clear the leaves from them and dispose of them property. 3. Promotion Ceremony — Sergeant Michael Hoemke Public Safety Director Nadeau introduced Sergeant Michael Hoemke and give background information on him. City Clerk Sindt performed the ceremonial swearing-in. Sergeant Hoemke addressed the council to share his appreciation and dedication to Maplewood. Council action was not required for this item. G. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda item G4 and G5 were highlighted. Councilmember Juenemann moved to approve agenda items G1 -G5. Seconded by Councilmember Neblett Ayes — All The motion passed. November 12, 2019 2 City Council Meeting Minutes 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 1,194,061.37 Checks #104483 thru #104529 dated 10/29/19 $ 637,747.76 Disbursements via debits to checking account dated 10/21/19 thru 10/25/19 $ 810,558.73 Checks # 104530 thru #104563 dated 10/29/19 thru 11/05/19 $ 649,645.58 Disbursements via debits to checking account dated 10/28/19 thru 11/01/19 $ 3,292,013.44 Total Accounts Payable PAYROLL $ 577,561.21 Payroll Checks and Direct Deposits dated 11 /01 /19 $ 2,557.91 Payroll Deduction check # 99103967 thru # 99103970 dated 11/01/19 $ 580,119.12 Total Payroll $ 3,872,132.56 GRAND TOTAL Seconded by Councilmember Neblett Ayes — All The motion passed. 2. Conditional Use Permit Review, Boaters Outlet, 2000 Rice Street Councilmember Juenemann moved to approve the CUP review for the Boaters Outlet and review again only if a problem arises or a major change is proposed. Seconded by Councilmember Neblett Ayes — All The motion passed. 3. Conditional Use Permit Review, Maple Hill Senior Living, 3030 Southlawn Drive Councilmember Juenemann moved to approve the CUP review for Maple Hill Senior Living and review again only if a problem arises or a major change is proposed. Seconded by Councilmember Neblett Ayes — All The motion passed. November 12, 2019 3 City Council Meeting Minutes 4. Resolution Designating Polling Place Locations for 2020 Councilmember Juenemann moved to approve the resolution designating polling place locations for 2020. City of Maplewood Ramsey County, Minnesota Resolution 19-10-1749 Designating Polling Place Locations 2020 Elections WHEREAS, Minnesota Statutes 204B.16 requires the City Council, by ordinance or resolution, to designate polling place locations for the upcoming year; and WHEREAS, no designation of a new or different polling place shall become effective less than 90 days prior to an election, and no polling place changes may occur during the period between the state primary and the state general election, except that a new polling place may be designated to replace a polling place that has become unavailable for use; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maplewood hereby designates the following polling place locations for elections conducted in the city in 2020: Precinct 1 St. Paul Hmong Alliance Church 1770 McMenemy Street Precinct 2 Edgerton Elementary School 1929 Edgerton Street Precinct 3 Gladstone Fire Station 1955 Clarence Street Precinct 4 Wakefield Park Community Building 1860 Hazelwood Street N. Precinct 5 Maplewood Community Center/YMCA 2100 White Bear Avenue N. Precinct 6 Redeeming Love Church 2425 White Bear Avenue N. Precinct 7 First Evangelical Free Church 2696 Hazelwood Street Precinct 8 Ramsey County Library 3025 Southlawn Drive Precinct 9 Maplewood Middle School November 12, 2019 4 City Council Meeting Minutes 2410 Holloway Avenue E. Precinct 10 East Metro Regional Public Safety Training Center 1881 Century Avenue N. Precinct 11 Beaver Lake Education Center 1060 Sterling Street N. Precinct 12 Carver Elementary School 2680 Upper Afton Road E. Precinct 13 Lutheran Church of Peace 47 Century Avenue S. AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a replacement meeting the requirements of the Minnesota Election Law for any polling place location designated in this Resolution that becomes unavailable for use by the City; AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an emergency replacement polling place location meeting the requirements of the Minnesota Election Law for any polling place location designated in this Resolution when necessary to ensure a safe and secure location for voting; AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this resolution and any subsequent polling place location designations to the Ramsey County Elections Office; AND BE IT FURTHER RESOLVED, that the city clerk is directed to post a notice of the polling place location changes in the clerk's office. Seconded by Councilmember Neblett Ayes — All The motion passed. 5. Resolution Accepting the Labor -Management Committee's Recommendation for 2020 Employee Insurance Benefits Councilmember Juenemann moved to approve the resolution affirming recommendations from the Labor -Management Committee for all 2020 employee insurance benefits. Resolution 19-11-1750 WHEREAS, The Labor -Management Committee met, reviewed and discussed the renewal information from all providers; and WHEREAS, Consensus from the Labor -Management Committee is to recommend approval of all employee benefits and renewals for 2020; and THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, AS FOLLOWS: November 12, 2019 5 City Council Meeting Minutes Hereby affirms the recommendations of the Labor -Management Committee regarding 2020 employee insurance benefits for the City of Maplewood. Seconded by Councilmember Neblett Ayes — All The motion passed. H. PUBLIC HEARINGS — If you are here fora Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None UNFINISHED BUSINESS None J. NEW BUSINESS Amendment to Section 6-130 of City Code Regarding Liquor Licenses a. Ordinance Amending Section 6-130 b. Resolution Authorizing Publication by Title and Summary (4 votes) City Manager Coleman introduced the report. Attorney Dave Anderson with Kennedy & Graven addressed the council to give the details of the report. City Clerk Sindt gave additional information on the report. Councilmember Smith moved to adopt the ordinance amendment to city code Section 6- 130 regarding liquor licenses and adding provisions related to the imposition of conditions upon liquor licenses in accordance with state law. Ordinance 1007 An Ordinance Amending Section 6-130 of the City Code Regarding Liquor Licenses and Adding Provisions Related to the Imposition of Conditions Upon Liquor Licenses in Accordance with State Law The Maplewood City Council ordains as follows Section I. The city council of the city of Maplewood hereby amends Article III, Division 2, section 6-130, of the Maplewood code of ordinances as follows: Sec. 6-130. - Suspension or revocation of licenses; imposition of conditions. (a) The city council may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions on a finding that the license or permit holder has: November 12, 2019 6 City Council Meeting Minutes (1) Sold alcoholic beverages to another retail licensee for the purpose of resale; (2) Purchased alcoholic beverages from another retail licensee for the purpose of resale; (3) Conducted or permitted the conduct of gambling on the licensed premises in violation of the law; (4) Failed to remove or dispose of alcoholic beverages when ordered by the state commissioner of public safety to do so under Minn. Stats. § 340A.508, subd. 3; or (5) Failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. (b) No suspension or revocation takes effect until the license or permit holder has been given an opportunity for a hearing under Minn. Stats. §§ 14.57-14.69, but nothing in this section requires the city to conduct the hearing before an employee of the state office of administrative hearings. Imposition of a penalty or suspension by either the city or the state commissioner of public safety does not preclude imposition of an additional penalty or suspension by the other so long as the total penalty or suspension does not exceed the stated maximum. Imposition of civil penalty does not preclude charging under appropriate criminal statutes by city, county, state or federal agencies. (c) When a basis is found to impose reasonable conditions and/or restrictions on a license or permit issued or held under this code, one or more such reasonable conditions and/or restrictions may be imposed on such license or permit for the purpose of promoting public health, safety and welfare; advancing public peace; eliminating conditions or actions that constitute a nuisance or a detriment to the peaceful enjoyment of life; or promoting security and safety in nearby neighborhoods. Such reasonable conditions and/or restrictions may include or pertain to, but are not limited to the following: (1) A limitation on the hours of operation of the licensed business or establishment or on particular types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establishment where particular types of activities may be conducted; (3) A limitation as to the means of ingress or egress from the licensed establishment or its parking lot or immediately adjacent areas, including requiring the use of appropriate security measures for ingress and egress; (4) A requirement to provide off-street parking in excess of other requirements of law as well as providing adequate evidence of the right to use parking that is not located on the licensee's property; (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; November 12, 2019 7 City Council Meeting Minutes (6) Conditions related to the required security elements and procedures necessary for continued operations; (7) Requirements related to ensuring adequate training and staffing for security and alcohol service by any person employed by or under contract with the licensee; and (8) Any other reasonable condition or restriction limiting the operation of the licensed business or establishment to ensure that the business or establishment will harmonize with the character of the area in which it is located or to prevent the development or continuation of a nuisance. The city council may impose such conditions on any license or permit holder with the consent of the license or permit holder, or upon notice and an opportunity for hearing in accordance with the provisions of paragraph (b) above. The city council may impose such conditions upon a license or permit at the time of issuance, renewal, or at any time during the term of the license or permit. Conditions imposed upon a license or permit shall remain on such license or permit when renewed and shall continue thereafter until removed by an action of the city council. A license or permit holder may request that the city council remove any conditions imposed on a license or permit, except that the license or permit holder shall have no right to make such request for six months from the date the conditions are imposed. Section II. This ordinance shall be effective following its adoption and publication Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Juenemann moved to approve the resolution authorizing publication of the ordinance by title and summarv. Resolution 19-11-1751 Resolution Authorizing Publication of Ordinance No. 1007 by Title and Summary WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. 1007, an ordinance amending city code section 6-130 regarding the city's suspension or revocation of liquor licenses; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is two pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood that the city clerk shall cause the following summary of Ordinance No. 1007 November 12, 2019 City Council Meeting Minutes to be published in the official newspaper in lieu of the entire ordinance: Public Notice The Maplewood city council has adopted Ordinance No. 1007, which amends section 6- 130 of city code regarding suspension or revocation of liquor licenses. The ordinance authorizes the city to place conditions on liquor licenses, either by agreement with the licensee or imposition by the city. Licensees are given an opportunity for a hearing before the city council if they object to conditions. The ordinance also makes clear that conditions may be attached to licenses whenever the need arises, not only at the time of issuance or renewal. The ordinance shall be effective upon adoption and publication. A full copy of the ordinance is available in the office of the city clerk. BE IT FURTHER RESOLVED by the city council of the city of Maplewood that the city clerk keep a copy of the full ordinance in her office at city hall for public inspection. Seconded by Councilmember Neblett Ayes — All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 7:31 p.m. November 12, 2019 9 City Council Meeting Minutes