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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 July 27, 2020 City Council Meeting Minutes 1 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 July 27, 2020 2 City Council Meeting Minutes 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 July 27, 2020 3 City Council Meeting Minutes 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. July 27, 2020 City Council Meeting Minutes 0 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 July 27, 2020 5 City Council Meeting Minutes 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) July 27, 2020 6 City Council Meeting Minutes (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; July 27, 2020 7 City Council Meeting Minutes 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: July 27, 2020 City Council Meeting Minutes 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 July 27, 2020 9 City Council Meeting Minutes 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 July 27, 2020 10 City Council Meeting Minutes 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 July 27, 2020 11 City Council Meeting Minutes 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 July 27, 2020 12 City Council Meeting Minutes