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Home My WebLink About2022-10-10 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 10, 2022 City Hall, Council Chambers Meeting No. 21-22 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Abrams. Mayor Abrams complimented the Fire Department and Police Department on the amazing open house and demonstrations at the new fire station. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Absent Nikki Villavicencio, Councilmember Present D. APPROVAL OF AGENDA The following were added to council presentations: Yard Tasks Councilmember Cave moved to approve the agenda as amended Seconded by Councilmember Juenemann Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. September 26, 2022 City Council Meeting Minutes Councilmember Juenemann moved to approve the September 12, 2022 City Council Meeting Minutes as submitted. Seconded by Councilmember Villavicencio Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update October 10, 2022 City Council Meeting Minutes 1 City Manager Coleman gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations Yard Tasks Councilmember Juenemann encouraged residents to water trees in order to keep them healthy going into the winter season, and also to gather leaves in order to keep them out of the gutters. 3. Resolution for Commissioner Appointments City Manager Coleman gave the staff report and shared the results of the interviews. Councilmember Cave moved to approve the resolution to appoint Jason DeMoe to the Parks & Recreation commission. Resolution 22-10-2127 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be appointed to the following commission or board: Parks & Recreation Commission (one opening) Jason DeMoe term expires April 30, 2025 Seconded by Councilmember Villavicencio Ayes – All The motion passed. 4. MORE Team Update on DEI Efforts Communications Manager/MORE Team Liaison Sheeran gave the presentation. Assistant City Manager/HR Director Darrow provided further information. No Action Required. 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. Councilmember Juenemann moved to approve agenda items G1-G8. Seconded by Councilmember Cave Ayes – All October 10, 2022 City Council Meeting Minutes 2 The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 1,515,167.61 Checks # 109702 thru # 109728 dated 09/27/22 $ 88,438.39 Checks # 109729 thru # 109756 dated 10/04/22 Disbursements via debits to checking $ 890,155.91 account dated 09/19/22 thru 10/02/22 $ 2,493,761.91 Total Accounts Payable PAYROLL $ 630,393.00 Payroll Checks and Direct Deposits dated 09/30/22 $ 630,393.00 Total Payroll $ 3,124,154.91 GRAND TOTAL Seconded by Councilmember Cave Ayes – All The motion passed. 2. Public Health and Environmental Health Entities in Metropolitan Minnesota Mutual Aid Agreement for 2023 through 2027 Councilmember Juenemann moved to approve the Public Health and Environmental Health Entities in Metropolitan Minnesota Mutual Aid Agreement for 2023 through 2027. Seconded by Councilmember Cave Ayes – All The motion passed. 3. Resolution Appointing Additional Election Judges for the 2022 State General Election Councilmember Juenemann moved to approve the resolution listing additional election judges for the 2022 State General Election to be held on November 8, 2022. Resolution 22-10-2128 RESOLUTION October 10, 2022 City Council Meeting Minutes 3 WHEREAS, MN State Statute 204B.21, Subd. 2 states election judges for precincts in a municipality shall be appointed by the governing body of the municipality; and WHEREAS, approval of the resolution does not qualify individuals to serve as an election judge; and WHEREAS, appointments will be made from the list to fill the needed positions after training and required paperwork have been completed; and WHEREAS, additional election judges have expressed interest in serving for the General after the initial list of election judges were approved by city council on September 12, 2022; and WHEREAS, appointment of additional election judges within the 25 days before the election may be made if the appointing authority determines that additional election judges will be required; and NOW, THEREFORE, IT BE RESOLVED, that the City Clerk or designee assign Election Judges to serve in the 2022 State General Election to be held on Tuesday, November 8, 2022 also from the following list: Briese, Paulette Fett, Margaret Kraemer, Robert Sample, Patricia Seconded by Councilmember Cave Ayes – All The motion passed. 4. Off-Sale Intoxicating Liquor License for Hillside Liquor, 1690 McKnight Road N, Suite B Councilmember Juenemann moved to approve Off-Sale Intoxicating Liquor license for Hillside Liquor, located at 1690 McKnight Rd N, Suite B. Seconded by Councilmember Cave Ayes – All The motion passed. 5. Resolution Directing Modification of Existing Construction Contract, Approve Processing Allowances for North Fire Station Construction Project Councilmember Juenemann moved to approve the resolution directing modification of the existing construction contract, approve processing allowances for North Fire Station Construction Project. Resolution 22-10-2129 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, APPROVE PROCESSING ALLOWANCES FOR NORTH FIRE STATION CONSTRUCTION PROJECT October 10, 2022 City Council Meeting Minutes 4 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of the North Fire Station, and has approved construction contracts related to the project. WHEREAS, it is now necessary and expedient that said contract be modified and designated as North Fire Station Construction Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that 1. The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by processing allowances for the North Fire Station Construction Project. The revised contract amount for Work Scope 06-G Ebert Construction is $439,080.79 The revised contract amount for Work Scope 09-B-09D, Superset Tile is $184,757.23 The revised contract amount for Work Scope 14-B, Otis Elevator is $70,476 The revised contract amount for Work Scope 22-A, Northern Air Corporation is $476,307.68 The revised contract amount for Work Scope 26-A, Electrical Production Services is $937,179.17 Seconded by Councilmember Cave Ayes – All The motion passed. 6. Resolution Directing Modification of Existing Construction Contract, Change Order, No. 54 and No. 55, North Fire Station Construction Project Councilmember Juenemann moved to approve the resolution Directing Modification of the Existing Construction Contract, Change Order No. 54 and Change Order No. 55, North Fire Station Construction Project and authorize the Mayor and City Manager to sign Change Order No. 54 and Change Order No. 55. Resolution 22-10-2130 RESOLUTION WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of the North Fire Station, and has approved construction contracts related to the project. October 10, 2022 City Council Meeting Minutes 5 WHEREAS, it is now necessary and expedient that said contract be modified and designated as North Fire Station Construction Project, Change Order No. 49 and Change Order No. 50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that 1. The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No. 54 which will increase the project amount by $9,542.60. The revised contract amount for Work Scope 26-A, Electrical Production Services is $946,721.77. 2. The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No. 55 which will increase the project amount by $18,206. The revised contract amount for Work Scope 22-A, Northern Air Corporation is $494,513.68. Seconded by Councilmember Cave Ayes – All The motion passed. 7. Resolution Accepting the Labor-Management Committee’s Recommendation for 2023 Employee Insurance Benefits Councilmember Juenemann moved to approve the resolution affirming recommendations from the Labor-Management Committee for all 2023 employee insurance benefits. Resolution 22-10-2131 RESOLUTION 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 2023; and WHEREAS, funding for the plan renewals is reflected in the Maplewood 2022 Proposed Budget. THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby affirms the recommendations of the Labor-Management Committee regarding 2022 employee insurance benefits for the City of Maplewood. Seconded by Councilmember Cave Ayes – All October 10, 2022 City Council Meeting Minutes 6 The motion passed. 8. Resolution Rescinding Resolution No. 22-08-2109 Making Findings of Fact and Conclusions on Appeal by Emma Norton Services Regarding Fees for Excessive Nuisance Service Calls Councilmember Juenemann moved to approve the Resolution Rescinding Resolution No. 22- 08-2109 Regarding Findings of Fact and Conclusions on Appeal by Emma Norton Services Regarding Fees for Excessive Nuisance Service Calls. Resolution 22-10-2132 RESOLUTION RESCINDING RESOLUTION NO. 22-08-2109 REGARDING FINDINGS OF FACT AND CONCLUSIONS ON APPEAL BY EMMA NORTON SERVICES REGARDING FEES FOR EXCESSIVE NUISANCE SERVICE CALLS WHEREAS, Maplewood police case numbers 22-13682 and 22-13969 involved calls for service to Emma’s Place located at 2161-2165 Van Dyke Street North in Maplewood, which resulted in excessive nuisance service call fees of $500; and WHEREAS, on July 1, 2022, Emma Norton Services, LLC, owner and operator of Emma’s Place, notified the city clerk they intended 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 representatives of Emma’s Place addressed the city council regarding the matter; and WHEREAS, on August 8, 2022 the city council adopted Resolution No. 22-08-2109, a resolution making findings of fact and conclusions regarding the appeal; and . WHEREAS, by letter dated August 15, 2022, the City transmitted a copy of Resolution No. 22-08-2109 to Emma’s Place and required payment of the fees within 30 days; and WHEREAS, since that time the parties have begun a dialogue in which they hope to address the underlying issues involved in the calls for service and work to repair recent damage to what had been a long and productive relationship; and WHEREAS, in a show of good faith, the City wishes to remove certain obstacles to achieving that goal and to set a new tone for further discussions. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood as follows: 1. Resolution No. 22-08-2109 is hereby rescinded. 2. The letter dated August 15, 2022 regarding payment of the fees is hereby withdrawn. October 10, 2022 City Council Meeting Minutes 7 3. The fees associated with police case numbers 22-13682 and 22-13969 are hereby waived and no longer due. 4. City staff are authorized and directed to take such administrative actions as are necessary or convenient to carry out the intent of this Resolution. Seconded by Councilmember Cave Ayes – All The motion passed. 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. None otion passed I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Review of Applications for 2023 Charitable Gambling Funds City Manager Coleman gave the staff report. The following applicants spoke: TJ Malaskee, Director of Bruentrup Farm, Aaron Hammerman, Director of Bands with North High, Josh Reimnitz, Executive Director with Breakthrough Twin Cities. No Action Required. 2. Ordinance Amendment to the North End Zoning District a. An Ordinance Amendment to Chapter 44, Zoning, Revising Use Standards in the NE, North End Zoning District b. Resolution Authorizing Publication of the Ordinance by Title and Summary (4 votes) Assistant Community Development Director Martin gave the staff report. Councilmember Juenemann moved to approve the Ordinance amending City Code Chapter 44 Zoning, Section 44 – 708, Table 10 – Use Standards in the North End Zoning District, within the City of Maplewood. Ordinance 1032 AN ORDINANCE AMENDING THE USE STANDARDS IN THE NE, NORTH END ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Section 44-708 of the Maplewood City Code titled Use standards, Table 10. Use Standards for NE North End Zoning District is hereby amended to add Personal/professional services as a permitted use within the Retail Sales or Services category in the table: October 10, 2022 City Council Meeting Minutes 8 Sec. 44-708. Use standards. Principal uses allowed within the NE north end zoning district are as follows: Type of Use Permitted (P) Conditional Use Permit (CUP) Residential Household Living Dwelling, single unit attached P (townhouses or row houses) Dwelling, multiple unit (apartments) P Dwelling, multiple unit and commercial P Group Living Residential care facility, licensed P (up to six people) Residential care facility, licensed CUP (7+ people) Senior care facility P Lodging Hotel or motel P Short term vacation rental (primary use) P Public, Social or Health Care Child care center, licensed group P Clinic, medical or health related P Clinic, veterinary (without external kennel) P Hospital P Municipal social, cultural or P recreational facility Municipal, county, state or federal P administrative or services building Place of worship P School, college/university/trade/business P School, elementary or secondary P Business Food or Beverage Services Bakery/candy shop/catering, which produces P goods for on-premises retail sales Bar or drinking place P Brewpub P Brewery, small scale/microdistillery CUP Off-sale liquor business P October 10, 2022 City Council Meeting Minutes 9 On-sale liquor business P Restaurant P Specialty food or coffee shop P Drive-up food or beverage window CUP Retail Sales or Services Direct to consumer sales, up to four months per P year Dry cleaning and laundry pick-up station P Laundry P Retail P Small appliance and electronic component or P equipment repair Personal/professional services P Business or Technical Services Bank or credit union P Drive-through sales and services CUP Office P Photocopying establishment P Makerspace, studio or gallery P Arts, Entertainment or Recreation Health/sports club P Indoor recreation P Indoor theater P Transportation Ambulance or medical carrier service P Minor motor fuel station CUP Off-street parking structure as a principal use CUP Public passenger transportation terminal (air, P bus, or rail) Utilities Essential public services P Stormwater ponding P Accessory Uses Accessory use customarily incidental to any P of the above uses Section 2. Effective Date. This Ordinance shall be effective following its adoption and publication. Seconded by Councilmember Villavicencio Ayes – All The motion passed. October 10, 2022 City Council Meeting Minutes 10 Councilmember Juenemann moved to approve the resolution authorizing publication of the Ordinance by title and summary. Resolution 22-10-2133 RESOLUTION WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. 1032, amending City Code Chapter 44 Zoning, Section 44 – 708, Table 10 – Use Standards in the North End Zoning District, within the City of Maplewood; 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 contains a lengthy table; 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. 1032 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The Maplewood City Council has adopted Ordinance No. 1032, amending City Code Chapter 44 Zoning, Section 44 – 708, Table 10. On November 22, 2021, the City Council approved the creation of the NE, North End Zoning District. The district identifies permitted uses in a table, and personal and professional services were inadvertently left out of the recent code update. These services could include nail and hair salons, barber shops, permanent make-up salons, spas, and similar uses. These types of retail and service establishments have historically been permitted in this area. This ordinance adds these uses back as permitted in this district. This ordinance shall be effective upon adoption and publication. BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that a full copy of the ordinance is available in the office of the City Clerk at city hall for public inspection. Seconded by Councilmember Cave Ayes – All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 8:01 p.m. Andrea Sindt, City Clerk October 10, 2022 City Council Meeting Minutes 11