HomeMy WebLinkAbout2020-07-27 City Council Meeting MinutesA.
C
E.
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, July 27, 2020
Held Remotely Via Conference Call
Meeting No. 14-20
CALL TO ORDER
A meeting of the City Council was held remotely via conference call and was called to
order at 7:00 p.m. by Mayor Abrams.
Mayor Abrams opened the meeting by talking about the mask distribution to businesses
the city has been involved in and Governor Walz' Executive Order that requires the
wearing of masks indoors. Fire Chief Lukin gave additional information about the mask
distribution.
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
Councilmember Juenemann moved to approve the agenda as submitted.
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
APPROVAL OF MINUTES
1. July 13, 2020 City Council Meeting Minutes
Councilmember Juenemann moved to approve the July 13, 2020 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
Council Presentation were heard before Administrative Presentation, Council
Calendar Update.
1. Administrative Presentations
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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
None
3. Resolution of Appreciation for Joe Gould, Environmental and Natural
Resources Commission
Community Development Director Thomson gave the staff report.
Councilmember Juenemann moved to approve the Resolution of Appreciation for Joe
Gould.
Resolution 20-07-1835
RESOLUTION OF APPRECIATION
WHEREAS, Joe Gould has been a member of the Maplewood Environmental
and Natural Resources Commission for one year and one month, serving from May 25,
2019 to June 15, 2020. Mr. Gould has served faithfully in those capacities; and
WHEREAS, the Environmental and Natural Resources Commission and City
Council have appreciated his experience, insights and good judgment; and
WHEREAS, Mr. Gould has freely given of his time and energy, without
compensation, for the betterment of the City of Maplewood; and
WHEREAS, Mr. Gould has shown dedication to his duties and has
consistently contributed his leadership and efforts for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens that Joe Gould is hereby extended our gratitude
and appreciation for his dedicated service.
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
4. 2021 Preliminary Budget Overview
Finance Director Paulseth gave the budget presentation.
Discussion purposes only, no action was taken.
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
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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.
Councilmember Juenemann moved to approve agenda items G1-G7.
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 681,416.37
Checks #105904 thru #106018
dated 07/14/20
$ 577,613.16
Disbursements via debits to checking account
dated 07/06/20 thru 07/10/20
$ 162,632.44
Checks #106019 thru #106044
dated 07/21 /20
$ 297,075.70
Disbursements via debits to checking account
dated 07/13/20 thru 07/17/20
$ 1,718,737.67 Total Accounts Payable
PAYROLL
$ 609,134.12 Payroll Checks and Direct Deposits dated 07/10/20
$ 1,421.00 Payroll Deduction check # 99104245 thru # 99104246 dated 07/10/20
$ 610,555.12 Total Payroll
$ 2,329,292.79 GRAND TOTAL
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
2. Call for Special Meeting to Canvass 2020 Primary Election Results
Councilmember Juenemann moved to approve the special meeting of the city council for
Friday, August 14, 2020 at 4:00 p.m. via teleconference for the purpose of canvassing the
Auaust 11. 2020 Primary Election results.
Seconded by Councilmember Knutson Ayes — All, via roll call
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The motion passed.
3. Accela Software Subscription Renewal
Councilmember Juenemann moved to approve the renewal and payment of the annual
Accela software subscription.
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
4. Cartegraph Software License Renewal
Councilmember Juenemann moved to approve the renewal of the Cartegraph software
license for a period of three years.
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
5. Strategic Plan Update for Second Quarter 2020
Councilmember Juenemann moved to approve the Strategic Plan Update for Second
Quarter of 2020.
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
6. Conditional Use Permit Review, Maplewood Moose Lodge, 3033 Hazelwood
Street North
Councilmember Juenemann moved to approve to extend approval of the CUP for
Maplewood Moose Lodge's proposed building to be located at 3033 Hazelwood Street
North for one year.
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
7. Acknowledgement of Receptivity of a Metropolitan Council LCA Funding
Award, Potential JB Vang Redevelopment Project, 1310 Frost Avenue
Councilmember Juenemann moved to approve and authorize the Mayor to sign the
Acknowledgment of Receptivity of a Metropolitan Council LCA Funding Award.
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
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H. PUBLIC HEARINGS —If you are here for a 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.
Public Comment on Off -Sale Liquor License Ordinance Amendment
Community Development Director Thomson gave the staff report. Phil Hoey, Real Estate
Director with HyVee addressed the council and provided additional comments.
Mayor Abrams opened the public comment time. The following people spoke:
1. Phillip Lu, Big Discount Liquor, 2520 White Bear Avenue
2. Ka Jennrich, Maplewood Liquor & Tobacco, 2728 Stillwater Road
3. Chris Haven (sp), Big Discount Liquor, 2520 White Bear Avenue
4. Eric Atzmiller, 61 Liquor, 2700 Maplewood Drive
5. Vann (owner), Big Discount Liquor, 2520 White Bear Avenue
6. Mai Miller, Maplewood Liquor & Tobacco, 2728 Stillwater Road
7. William Meline, 3500 American Blvd., Minneapolis, MN
8. Ka Thao, Maplewood Liquor & Tobacco, 2728 Stillwater Road
Council consensus is to move forward with option 3 of the staff report which reads:
Eliminate the separation requirement. Recognizing that a 450-foot separation
requirement does not provide significant distancing between liquor stores, the city could
outright eliminate the separation requirement. It would allow HyVee to locate a liquor
store at Maple Ridge Center and would allow future liquor stores to apply for licenses in
close proximity to existing liquor stores.
UNFINISHED BUSINESS
None
J. NEW BUSINESS
Ordinance Amendment to Tobacco -Related Products
a. Ordinance Amendment to Chapter 14, Article XVIII Tobacco -Related
Products
b. Resolution Authorizing Publication of the Ordinance by Title and
Summary (4 votes)
City Clerk Sindt gave the staff report.
Councilmember Neblett moved to approve the ordinance amendment to Chapter 14,
Article XVIII Tobacco -Related Products.
Ordinance 1012
An Ordinance Repealing the Rental and Owner -Occupied Housing Maintenance
Codes, Creating a New Property Maintenance Code and Adopting, in Parts, the
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International Property Maintenance Code (IPMC) With Certain Modifications
The Maplewood City Council ordains as follows:
Section I. This section repeals the Rental Housing Maintenance Code, Secs. 12-96 to
12-141 and the Owner -Occupied Housing Maintenance Code, Secs. 12-142 to 12-181
and replaces them with a new Property Maintenance Code.
Article IV. - Property Maintenance Code
Section 12-96. - Purpose
The purpose of this article is to establish minimum safety and sanitation requirements for
residential and non-residential structures and premises.
Section 12-97. - Adoption
Hereby adopted by reference is the International Property Maintenance Code (IPMC),
2018 edition, as published by the International Code Council, Inc., (ICC) for the
establishment of minimum acceptable standards for the maintenance of existing
buildings, structures, premises and facilities to protect health, safety and general
welfare. Each and all of the standards, regulations and requirements, save and except
such portions as are hereinafter deleted, amended or modified, as set about and
specified in the IPMC, 2018 edition, are hereby adopted, referred to, incorporated and
made a part hereof as if fully set out at length herein.
Section 12-98. - Applicability
The provisions of this ordinance shall apply to all existing residential and nonresidential
structures and all existing premises and constitute minimum requirements and standards
for premises, structures, equipment and facilities for light, ventilation, space, heating,
sanitation, protection from the elements, life safety, safety from fire and other hazards,
and for safe and sanitary maintenance; the responsibility of owners, operators and
occupants; the occupancy of existing structures and premises, and for administration,
enforcement and penalties.
Section 12-99. - Standards
The City Manager or his or her designee shall have the authority to develop policy
standards concerning the management of the Property Maintenance Code. These
standards shall not be contrary to this division.
Section 12-100. —General
The following provisions of the IPMC 2018 are modified as follows:
(a) References to plumbing, mechanical, fire, and electrical codes shall be replaced
by current Minnesota State -adopted plumbing, mechanical, fire, and electrical
codes.
(b) Scope and Administration (IPMC Chapter 100)
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(1) Section 101.1 (Title) shall be amended to read as follows:
These regulations shall be known as International Property Maintenance
Code of Maplewood, Minnesota, hereinafter referred to as "this code."
(2) Section 103.5 (Fees) shall be amended to read as follows:
The fees for activities and services performed by the department for
carrying out its responsibilities under this code shall be outlined in the
City's fee schedule.
(3) Section 106 (Violations) shall be replaced with the following:
Any person violating any provisions of this ordinance shall be guilty of a
misdemeanor and, upon conviction, shall be punished in accordance with
Maplewood City Code at Section 1-15 (General Penalties for Violations;
Continuing Violations). The City may also handle violations of this
ordinance through the administrative offenses procedures outlined in
Section 1-17 (Administrative Offences).
(4) Section 107 (Notices and Orders) shall be replaced with the following:
Whenever a code official determines that any building or premise fails to
meet the requirements of this ordinance, the code official may issue a
notice of violation or order. Such notice of violation or order shall state
the violation(s) of the ordinance and order the occupant and/or owner or
agent to correct such violations. This compliance order shall:
a. Be in writing.
b. Describe the location and nature of the violation of this ordinance.
Set the required corrective action and a date and time for the
completion of the correction of such violation.
Advise the occupant and/or owner or agent of the appeal
procedure.
e. Be served upon the occupant as follows:
1. Personal service;
2. Sent by mail to the property address;
3. Posted on or about the property conspicuously.
Be served upon the owner or agent as follows:
Personal service;
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2. Sent by mail to the address indicated by county property
records for owner; or
g. Sent by mail to the address and posted at property for agent of
owner.
(5) Section 111 (Means of Appeal) shall be replaced with the following:
The City Council shall hear and decide all appeals from alleged erroneous
decisions of the code official or an issuance of a notice of violation or order
relating to the administration and enforcement of this ordinance. Appeals must
be filed with the City Manager within five business days of the notice of violation
or order. The City Manager must schedule a date for the hearing before the City
Council and notify the aggrieved person of the date.
(6) Section 112.4 (Failure to Comply) shall be amended to read as follows:
Any person who shall continue work after having been served with a stop work
order, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine as outlined in the City's fee
schedule.
(c) Definitions (IPMC Chapter 200).
Section 202 (Definitions) as it relates to the definition of "Inoperable motor
vehicle" and "Rubbish" shall be repealed.
(d) General Requirements (IPMC Chapter 300).
(1) Section 302.4 (Weeds) shall be replaced with the following
The yard shall be free from noxious weeds and nonnative turf grass that as
required by Maplewood City Code at Section 18-31(8). Nonnative turf grass shall
not exceed eight (8) inches in height. Yards and landscaping shall be maintained
and all damaged or dead plants required by the city must be replaced. If a yard
is landscaped with tall native grasses, a five (5) foot manicured buffer of mowed
grass or other shorter plants will be required around the perimeter of the yard
that is adjacent other properties with manicured lawns.
(2) Section 302.8 (Motor Vehicle) shall be replaced with Maplewood Code of
Ordinances, Chapter 18, Article II, Division 2 (Abandoned Motor Vehicles).
(3) Section 303 (Swimming Pools, Spas and Hot Tubs) shall be replaced with
Maplewood Code of Ordinances, Chapter 14, Article XII (Swimming Pools).
(4) Section 304.3 (Premises Identification) shall be replaced with Maplewood
Code of Ordinances, Chapter 32, Article VII, Sections 32-281 (Display Required)
and Section 32-282 (Dimensions, Specifications, and Materials to be Used).
(5) Section 304.14 (Insect Screens) shall be amended to read as follows:
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During the period of January 1 to December 31 every door, window, and outside
opening required for ventilation of habitable rooms, food preparation areas, food
service areas or any areas where products to be included or utilized in food for
human consumption are processed, manufactured, packaged, or stored shall be
supplied with approved tightly fitting screens of minimum of 16 mesh per inch (16
mesh per 25 mm), and every screen door used for insect control shall have a
self -closing device in good working condition.
(6) Section 308 (Rubbish and Garbage) shall be replaced with Maplewood
Code of Ordinances, Chapter 30 (Solid Waste Management).
(e) Light, Ventilation and Occupancy Limitations (IPMC Chapter 400)
(1) Section 404.7 (Food Preparation) shall be amended to read as follows:
Spaces to be occupied for food preparation purposes shall contain suitable
space and equipment to store, prepare, and serve foods in a sanitary
manner. There shall be adequate facilities and services for the sanitary
disposal of food wastes and refuse, including facilities for temporary storage.
Per Section 14-318 (State Health Rules Adopted) of the Maplewood Code of
Ordinances and Minnesota Administrative Rules, Section 4626.1425 (Private
Homes and Living Quarters; Use Prohibition), a private home, a room used
as living or sleeping quarters, or an area directly opening into a room used as
living or sleeping quarters must not be used for conducting food
establishment operations.
(f) Mechanical and Electrical Requirements (IPMC Chapter 600)
(1) Section 602.3 (Heat Supply) shall be amended to read as follows:
Every owner or operator or any building who rents, leases, or lets one or more
dwelling units or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period from September
1 to June 1 to maintain a minimum temperature of 68 degrees F (20 degrees C)
in all habitable rooms, bathrooms, and toilet rooms.
(2) Section 602.4 (Occupied Work Space) shall be amended to read as
follows:
Indoor occupiable work spaces shall be supplied with heat during the period of
September 1 to June 1_to maintain a minimum temperature of 65 degrees F (18
degrees C) during the period the spaces are occupied.
Article V. - Reserved.
Section 2. This ordinance shall be effective following its adoption and publication.
Approved by the city council of the city of Maplewood on June 8, 2020.
Seconded by Councilmember Knutson Ayes — All, via roll call
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The motion passed.
Councilmember Juenemann moved to approve the resolution authorizing publication of
the ordinance by title and summary.
Resolution 20-07-1836
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 1012 BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Maplewood has adopted Ordinance No.
1012, an ordinance amending Chapter 14, Article XVIII of the city code regarding tobacco -
related products; 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 several 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. 1012 to
be published in the official newspaper in lieu of the entire ordinance:
Public Notice
The Maplewood City Council has adopted Ordinance No. 1012, which amends
Chapter 14, Article XVIII of the city code regarding tobacco -related products. The new
ordinance aligns with federal and state requirements by raising the minimum purchasing
age of tobacco products from 18 to 21. Also, for alignment to state legislation, other
changes were made related to licensees, including regarding compliance checks,
violations and penalties, and required signage and age verification. Further changes
were made to update language throughout the article. The ordinance will become effective
August 1, 2020.
Andrea Sindt, City Clerk
BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the
City Clerk keep a copy of the ordinance in her office at city hall for public inspection.
Seconded by Councilmember Neblett Ayes — All, via roll call
The motion passed.
2. Sale of City -Owned Property at 2501 Londin Lane East
a. Intent to Close Meeting (Minn. Stat. §13D.05 Subd. 3(c))
b. Direct Staff to Implement Council Direction Provided During the
Closed Session
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Community Development Director Thomson gave a brief report.
Mayor Abrams moved to approve the close the regular meeting and go into closed
session to consider purchase offers or counteroffers for city -owned property located at
2501 Londin Lane East pursuant to Minnesota State Statute Section 13D.05,
Subdivision 3c.
Seconded by Councilmember Juenemann Ayes — via roll call: Mayor Abrams,
Councilmembers Juenemann,
Neblett and Smith
Unavailable to vote - Councilmember Knutson
The motion passed.
Mayor Abrams closed the regular meeting at 9:59 p.m. to go into closed session.
The following were present during the closed session: Mayor Abrams, Councilmember
Juenemann, Councilmember Knutson, Councilmember Neblett, Councilmember Smith,
City Manager Coleman, Assistant City Manager/HR Director Sable, Community
Development Director Thomson, Finance Director Paulseth, City Attorney Batty and IT
Director Fowlds.
Mayor Abrams called the regular meeting back to order at 10:28 p.m.
City Attorney Batty gave a recap of the closed session.
Mayor Abrams moved to approve the resolution rescinding the first amendment to the
purchase agreement between the City of Maplewood and INH Property Management, Inc.
Resolution 20-07-1837
RESOLUTION RESCINDING THE FIRST AMENDMENT
TO THE PURCHASE AGREEMENT BETWEEN THE
CITY OF MAPLEWOOD AND INH PROPERTY MANAGEMENT, INC.
WHEREAS, the city of Maplewood (the "City") previously approved a purchase
agreement dated March 9, 2020 between the City and INH Property Management, Inc.
(the "Purchase Agreement") at its regular meeting on March 9, 2020, which approval was
documented in the City's official minutes for said meeting; and
WHEREAS, the city council subsequently by Resolution No. 20-05-1823 dated May
26, 2020 reaffirmed the City's March 9, 2020 minutes and its approval of the Purchase
Agreement; and
WHEREAS, at its regular meeting on June 22, 2020 the City approved and executed
that certain "First Amendment to Purchase Agreement" (the "First Amendment") via
Resolution No. 20-06-1831; and
WHEREAS, to date the First Amendment has not yet been executed by INH Property
Management, Inc. ("Buyer") which fact has further been confirmed by Buyer's legal counsel
in an email to legal counsel for the City on July 24, 2020; and
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WHEREAS, Buyer has now failed to timely close as contemplated in the Purchase
Agreement and is therefore in default under the terms thereof; and
WHEREAS, the City now wishes to rescind its approval and execution of the First
Amendment and take the necessary steps to terminate the Purchase Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA AS FOLLOWS:
The recitals as set forth herein are hereby incorporated into and made a part
hereof.
2. The City's approval of the First Amendment as evidenced by Resolution No.
20-06-1831 and the subsequent execution of the First Amendment is hereby rescinded and
hereinafter shall be of no further force and effect.
3. The Mayor and the City Manager are hereby authorized and directed to
execute any and all documents needed to terminate the Purchase Agreement on behalf of
the City and city staff and consultants are likewise authorized and directed to take any and
all additional steps and actions necessary or convenient in order to accomplish the intent
hereof.
Seconded by Councilmember Juenemann Ayes — All, via roll call
The motion passed.
K. AWARD OF BIDS
None
L. ADJOURNMENT
Each councilmember shared thoughts on current events.
Mayor Abrams adjourned the meeting at 10:36 p.m.
Andrea Sindt, City Clerk
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