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HomeMy WebLinkAbout2022-08-08 City Council Meeting MinutesA. A C In E MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 08, 2022 City Hall, Council Chambers Meeting No. 17-22 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:10 p.m. by Mayor Abrams Mayor Abrams announced there is a "Boil Water Advisory" and read the St Paul Regional Water Services announcement. Mayor Abrams spoke about the local soccer history and rededication of the Fred Abbott field in Maplewood and the Kick-off that took place there for the All Star game at Allianz Field in St Paul. Mayor Abrams also thanked Parks staff, including Audra Robbins and Neil Breneman for organizing the event. PLEDGE OF ALLEGIANCE ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Nikki Villavicencio, Councilmember Present APPROVAL OF AGENDA The following items were added to Council Presentations: Purple Line Information Highlight of New Businesses - Becker Furniture & Creative Kids Academy Rice Larpenteur Summer Block Party Recap of National Night Out Police Ride Along Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes — All The motion passed. APPROVAL OF MINUTES 1. July 25, 2022 City Council Workshop Meeting Minutes Councilmember Knutson moved to approve the July 25, 2022 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes — All August 08, 2022 City Council Meeting Minutes 1 The motion passed. 2. July 25, 2022 City Council Meeting Minutes Councilmember Knutson moved to approve the July 25, 2022 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann 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 and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations Purple Line Information Councilmember Juenemann reported the Purple Line project has been slowed down and routes and funding are being re -tooled. Highlight of New Businesses - Becker Furniture & Creative Kids Academy Mayor Abrams announced the opening of two new businesses, Becker Furniture & Creative Kids Academy, in Maplewood. Rice Larpenteur Summer Block Party Mayor Abrams invited everyone to the summer block party being held at Rice and Larpenteur on Saturday, August 13, from 11:00 am to 3:00 pm. Recap of National Night Out Mayor Abrams shared the success of National Night out and visiting different parties during the event, and also invited the Council to reflect on their party visits. Police Ride Along Councilmember Villavicencio shared participating in a police ride -along and expressed words of appreciation to the Public Safety Department. 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. August 08, 2022 City Council Meeting Minutes 2 Councilmember Cave moved to approve agenda items G1-G2. Seconded by Councilmember Juenemann Ayes — All The motion passed. 1. Approval of Claims Councilmember Cave moved to approve the approval of claims. ACCOUNTS PAYABLE $ 1,344,010.17 Checks # 109289 thru # 109343 dated 07/26/22 $ 412,215.95 Checks # 109344 thru # 109379 dated 08/02/22 $ 1,266,251.92 Disbursements via debits to checking account dated 07/18/22 thru 07/31/22 $ 3,022,478.04 Total Accounts Payable PAYROLL $ 694,435.76 Payroll Checks and Direct Deposits dated 07/22/22 $ 694,435.76 Total Payroll $ 3,716,913.80 GRAND TOTAL Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. Local Lawful Gambling Permit for the Church of St. Jerome, 380 Roselawn Avenue East Councilmember Cave moved to approve the Local Lawful Gambling permit for the Church of St. Jerome on September 17, 2022 at 380 Roselawn Ave E. Seconded by Councilmember Juenemann 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 August 08, 2022 City Council Meeting Minutes 3 direct staff, as appropriate, to answer questions or respond to comments. None I. UNFINISHED BUSINESS 1. Resolution Making Findings of Fact and Conclusion on Repeat Nuisance Service Call Appeal, Emma Norton Services, 2161 Van Dyke St N City Attorney Batty gave the staff report. Councilmember Juenemann moved to approve the resolution entitled "Resolution Making Findings of Fact and Conclusions on Appeal by Emma Norton Services Regarding Fees for Excessive Nuisance Service Calls". Resolution 22-08-2109 RESOLUTION MAKING FINDINGS OF FACT AND CONCLUSIONS ON APPEAL BY EMMA NORTON SERVICES REGARDING FEES FOR EXCESSIVE NUISANCE SERVICE CALLS WHEREAS, by letter dated June 24, 2022 to Emma Norton Services, LLC, owner and operator of Emma's Place, the Maplewood police department notified the owner of fees for excessive nuisance calls for service pursuant to city code; and WHEREAS, by letter dated July 1, 2022, Emma's Place notified the city clerk they intend to appeal the fees as allowed under city code; and WHEREAS, on July 25, 2022, the city council conducted a hearing on the appeal, at which time two representatives of Emma's Place addressed the city council regarding the matter; and WHEREAS, city code requires the city council, following a hearing and consideration of all evidence and testimony, to make findings of fact and conclusions regarding the appeal. NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Maplewood makes the following findings of fact regarding this matter: Emma's Place is a multi -family residential facility which includes 13 dwelling units located at 2161-2165 Van Dyke Street North in Maplewood. 2. Emma's Place has a rental housing license under the City's rental housing ordinance, city code sections 12-600, et seq., and is subject to that and other ordinances and the terms and conditions of its license. 3. In recognition that some properties place a disproportionate burden on city services because of activities occurring on or associated with those properties, the City has adopted a repeat nuisance service call ordinance, city code sections 24-146, et seq., which authorizes the imposition of fees for three or more nuisance calls for service within a 12-month period. 4. Excessive nuisance calls for service make it difficult to provide a uniform level of service within the community and result in additional city costs. The purpose of the fees is to partially compensate for those additional costs and to encourage property owners to promote lawful and responsible behavior at their properties. August 08, 2022 City Council Meeting Minutes 4 5. As of July 181" there had been 20 nuisance calls for service involving one of the buildings at Emma's Place and 12 nuisance calls for service at a second building during the previous 12 months. This includes the incidents cited in police case numbers 22-13682 and 22-13969, which were the subject of the notice of June 24, 2022. 6. The city council received a written report and heard testimony from Lt. Michael Dugas of the Maplewood police department at the hearing regarding the specific incidents in question. 7. Two representatives of Emma's Place appeared at the hearing on July 25, 2022. They acknowledged that the incidents cited in the subject police reports involved residents of Emma's Place but argued against imposition of the fees because the criminal activity took place at nearby commercial sites. No written material was submitted by Emma's Place. 8. Nuisance calls for service at two units within Emma's Place during the previous 12 months represent 16.5 percent of the nuisance calls for service during that period for the entire city. 9. In recognition that the number of incidents of unlawful and disruptive behavior by some of the residents of Emma's Place have increased significantly within the last year, city staff and members of the city council have repeatedly offered assistance to address the problem. Such efforts have generally not been reciprocated or have been ignored by Emma's Place. NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Maplewood makes the following conclusions: Maplewood police case numbers 22-13682 and 22-13969 were nuisance service calls and were preceded by more than two nuisance service calls at Emma's Place in the previous 12 months. 2. There is no factual dispute about the incidents recounted in police case numbers 22- 13682 and 22-13969. 3. City code section 24-149 authorizes the imposition of fees for these calls. 4. The imposition of fees in the total amount of $500 is upheld and the appeal by Emma's Place is hereby denied. BE IT FURTHER RESOLVED by the city council of the city of Maplewood as follows: City staff shall serve Emma's Place by United States mail with a notice of this determination within 10 days of adoption of this resolution by the city council. 2. The fee must be paid by Emma's Place within 30 days of notice of this decision. 3. City staff and consultants are hereby authorized and directed to take such additional actions as may be necessary or convenient to carry out the intent of this resolution. August 08, 2022 City Council Meeting Minutes 5 Seconded by Councilmember Cave Ayes — All The motion passed. J. NEW BUSINESS 1. Resolution Ordering Preparation of Feasibility Study, Myrtle -Sterling Area Street Improvements, City Project 22-16 Public Works Director Love gave the staff report. Councilmember Juenemann moved to approve the Resolution Ordering the Preparation of a Feasibility Study for the Myrtle -Sterling Area Street improvements, City Project 22-16. Resolution 22-08-2110 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Myrtle -Sterling area streets, as depicted on the attached project location map, and is hereby called Myrtle -Sterling Area Street improvements, City Project 22-16. AND WHEREAS, it is proposed to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the City Council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $60,000 are appropriated to prepare this Feasibility Report. Seconded by Councilmember Knutson Ayes — All The motion passed. 2. Resolution Ordering Preparation of Feasibility Study, Wood lynn -South lawn Area Pavement Rehabilitation, City Project 22-17 Public Works Director Love gave the staff report. Councilmember Cave moved to approve the Resolution Ordering the Preparation of a Feasibility Study for the Wood lynn-Southlawn Area Pavement Rehabilitation, City Project 22- 17. August 08, 2022 City Council Meeting Minutes 6 Resolution 22-08-2111 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Wood lynn-South lawn area streets, as depicted on the attached project location map, and is hereby called Woodlynn- Southlawn Area Pavement Rehabilitation, City Project 22-17. AND WHEREAS, it is proposed to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the City Council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $60,000 are appropriated to prepare this Feasibility Report. Seconded by Councilmember Juenemann Ayes — All The motion passed. 3. Options Regarding Edible THC Products City Attorney Batty gave the staff report. Council directed staff to draft a moratorium for council to review at the next council meeting. No Action Required. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 8:01 p.m. Andrea Sindt, City Clerk August 08, 2022 City Council Meeting Minutes 7