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HomeMy WebLinkAbout07-24-2006MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 24, 2006 Council Chambers, City Hall Meeting No. 06-20 A. B. C. D. E CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 7:32 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach. Councilmember Present Present Present Present Present APPROVAL OF AGENDA L4. City Manager Hiring Process Timeline M1. Statement Prepared by Sherrie Le M2. City Attorney Process M3. St. Paul Tourist Cabin Site M4. Tree Ordinance M5. Recent Newspaper Articles Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Hjelle Ayes-All APPROVAL OF MINUTES 1. Minutes from the July 10, 2006 Council/Manager Workshop Mayor Longrie moved to approve the minutes from the July 10, 2006 Council/Manager Workshop as presented. Seconded by Councilmember Cave Ayes-Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach Abstain-Councilmember Juenemann 2. Minutes from the July 10, 2006 City Council Meeting (continued July 12, 2006) Mayor Longrie moved to approve the minutes from the July 10, 2006 City Council Meeting as amended. Seconded by Councilmember Cave Ayes-All City Council Meeting 07-24-06 F. VISITOR PRESENTATIONS Patty Gearin, 2575 Caver Avenue East, shared the success of her recycling business located in St. Paul Park, which currently staffs 16 employees with hopes to expand to 45 in the near future. Sharon Lumphrey, 1817 Clarence Street, Maplewood, asked Mayor and council to respect one another and each others gifts and talents. The citizens are counting on them to "help keep the City of Maplewood together." Marilyn Galbraith, 1770 Edward Street, Maplewood, resident of 38 years, appreciated council "dissecting" each of the proposals for the Gladstone Redevelopment Master Plan and offered her thanks for the thoughffulness of the council. Dan Fisher, Moose Lodge, Frost and English, invited the community to a Bike Show to benefit the Muscular Dystrophy Association on August 19`h from 2-5 p.m. Ron Cockriel, 943 Century Avenue, expressed his dissatisfaction with council's lack to work as a team. Mr. Cockriel thanked council for all of their efforts and asked for reconsideration on the Carver EAW decision. Mayor Longrie explained the process for reconsideration. Mark Bonitz, 1635 Sterling Street South, requested reconsideration for a full environmental impact study for the Carver parcel. Bill Kayser, 6408 81~` Ave North, Brooklyn Park, asked if pertinent documents were obtained from the previous City Attorney regarding a property in Maplewood. Interim City Attorney Kantrud confirmed receiving the files, having a general familiarity with the file and talking to the legal representative for the family. Mr. Kayser also spoke to a recent arrest involving the property in question. G. APPOINTMENTS/PRESENTATIONS National Night Out Plans Parks and Recreation Director Anderson presented the report. Police Chief Thomalla and Councilmember Juenemann provided further specifics. Currently 73 block parties have been scheduled with the number increasing daily. Akick-off parade will be revisited for 2007 after further evaluation and discussion of this year's event. Recycling Open House August 16, 2006, 5:00 p.m. to 7:00 p.m. at the Gladstone Neighborhood Fire Station (1955 Clarence Street) City Engineer Ahl presented the report. City Engineer Ahl encouraged all residents to participate in the recycling open house on August 16`h H. PUBLIC HEARINGS None City Council Meeting 07-24-06 I. CONSENT AGENDA Councilmember Juenemann moved to approve consent agenda items 2, 3, 5-10. Seconded by Councilmember Cave Ayes-All Councilmember Hjelle moved to approve consent agenda item 1. Seconded by Councilmember Cave Ayes-All Councilmember Hjelle moved to approve consent agenda items 4. Seconded by Mayor Longrie Ayes-All 1. Approval of Claims ACCOUNTS PAYABLE: $ 332,740.39 Checks # 70359 thru # 70401 dated 6/30/06 thru 7/11/06 $ 2,608,423.84 Disbursements via debits to checking account dated 6/26/06 thru 7/06/06 $ 89,687.00 Checks # 70402 thru # 70444 dated 07/18/06 $ 106,631.60 Disbursements via debits to checking account dated 07/07/06 thru 07/12/06 $ 3,137,482.83 Total Accounts Payable Payroll Checks and Direct Deposits dated $ 490,894.28 07/14/06 $ 2,305.25 Payroll Deduction check # 105593 thru # 105594 dated 07/14/06 $ 493,199.53 Total Payroll $ 3,630,682.36 GRAND TOTAL City Council Meeting 07-24-06 3 2. Purchase of One-Ton Truck Cab/Chassis and Utility Crane Body Authorized to enter into a contract with Stillwater Motors for the purchase of the cab/chassis in the amount of $26,610.68, and Aspen Equipment Company for the purchase of the utility crane body in the amount of $16,400.28. 3. -Item moved to Appointments/Presentations 4. Budget Changes for Building Utilities Approved the cable franchise fee surplus ($61,885) along with $15,905 from the General Fund reserve for contingencies be used to finance the $77,790 shortage in the building utilities account. Budget Changes for Investment Management Fees Approved the 2006 budget for the General Fund revenue from internal investment management fees be increased form $107,670 to $130,980 and the 2006 budget for the investment management fees expenses by increased from $26,480 to $30,370. Conditional Use Permit Review -George's Auto Body (1225 Frost Avenue) Approved to review the conditional use permits for George's Auto Body Repair at 1225 Frost Avenue again in one year. Conditional Use Permit Review -Olivia Gardens (Olivia Court and Stillwater Road) Approved to review the conditional use permit (CUP) for Olivia Gardens PUD again in one year (July 2007) or sooner if the owner proposes a major change to the site. Child Seat Donation Accepted the donation of two child car seats for use by Maplewood officers in the course of their duties, from Paul Johnson, a citizen of St. Paul. Temporary Gambling -Church of St. Jerome Adopted the following resolution approving temporary lawful gambling for the Church of St. Jerome on September 17, 2006: RESOLUTION 06-07-088 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for the Church of St. Jerome. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. City Council Meeting 07-24-06 10. Payment of Safari Software Maintenance Fees for Parks and Recreation Department Authorized to pay the support contract for Safari Recware in the amount of $9,288. AWARD OF BIDS None K. UNFINISHED BUSINESS Kenwood Area Street Improvements, City Project 05-16: Resolution Ordering Assessment Hearing City Engineer Ahl presented the report. Councilmember Hjelle moved to adopt the following resolution for the Kenwood Area Street Improvements, Proiect 05-16 -Ordering the Assessment Hearing or 7:00 p.m., Monday. August 14`h, 2006: RESOLUTION 06-07-089 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Kenwood Area Street Improvements, City Project 05-16, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 14th day of August 2006, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Cave Ayes-All Eldridge Avenue, Street and Utility Improvements for the Eldridge Fields Development, City Project 06-04: Resolution Ordering Preparation of Assessment Roll City Engineer Ahl presented the report Councilmember Juenemann moved to adopt the following resolution for the Eldridge Avenue Street and Utility Improvements, Proiect 06-04: Ordering the Preparation of the Assessment Roll: City Council Meeting 07-24-06 RESOLUTION 06-07-090 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Eldridge Avenue Street and Utility Improvements, City Project 06-04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Hjelle Ayes-All Gervais Avenue Street Improvements, City Project 05-17: Resolution Approving Plans, Ad for Bid and Ordering the Preparation of the Assessment Roll City Engineer Ahl presented the report. Councilmember Hjelle moved to adopt the following resolutions for the Gervais Avenue Street Improvements, Proiect 05-17: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll: RESOLUTION 06-07-091 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on June 12`h, 2006, plans and specifications for Gervais Avenue Street Improvements, Project 05-17, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 30th day of August, 2006, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of September 11, 2006. City Council Meeting 07-24-06 RESOLUTION 06-07-092 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Gervais Avenue Street Improvements, City Project 05-17. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Juenemann Ayes-All Report on the Status of the Conditional Use Permit Review -Maplewood Business Center (1616 Gervais Avenue) -Continued for 30 days to allow for mediation among the parties with the Dispute Resolution Center Planner Finwall presented the report. Councilmember Hjelle moved to table the Conditional Use Permit review until August 28, 2006, for the Maplewood Business Center site at 1616 Gervais Avenue in order to allow the interim city attorney's office time to review controls on hours of operation and a memorandum of understanding between the city and St. Paul Pioneer Press. During the one-month period city staff will also work with the Dispute Resolution Center and the appropriate parties to come to an alternative resolution and update the city council on any progress made in this regard. Seconded by Councilmember Juenemann Ayes-All L. NEW BUSINESS Intoxicating Liquor License Change of Manager -Robert Delmont -Pei Wei Asian Diner REaL Director/City Clerk Guilfoile presented the report. Robert Delmont, the applicant, was present for council questions. Councilmember Hjelle moved to approve the intoxicating liquor license change of manager for Mr. Robert Delmont for the Pei Wei Asian Diner, 3095 White Bear Avenue. Seconded by Councilmember Cave Ayes-All Alcohol/Tobacco Compliance Check Failures REaL Director/City Clerk Guilfoile presented the report. Police Chief Thomalla provided further specifics from the report. City Council Meeting 07-24-06 c. The following persons were heard Arthur Stein, Laber's Liquors Paul Mateka, Dean's Tavern Lynn Roth, Maplewood Bowl Abraham Moore, Hilltop Foods Cheryl Wolf, Huey's Saloon Raymond Muckala, Holiday Station Councilmember Juenemann moved to table addressing the non-compliance for alcohol/tobacco compliance for Partytime Liquors and Knowlans to the next city council meeting to permit the owners to be present: Seconded by Councilmember Cave Ayes-All Councilmember Rossbach moved to impose the following fines for alcohol/tobacco compliance check failures: • AMF-Maplewood Lanes $250 • Chalet Lounge $250 • Deans Tavern $500 • Hilltop Foods, Inc. $500 • Huey's Saloon $500 Seconded by Councilmember Hjelle Ayes-All Councilmember Juenemann moved to impose a $750 fine to Holiday Station/Centu for an alcohol/tobacco compliance check failure. Seconded by Councilmember Hjelle Ayes-All Mayor Longrie moved to table the imposition of a fine for McKnight Mart and Gas and directed staff to attempt to locate the previous owner of the business when the compliance check failure occurred. The cost of locating the owner should not exceed the amount of the fine. Seconded by Councilmember Juenemann Ayes-All Councilmember Hjelle moved to impose a fine of a $2000 to Laber Liquors for an alcohol/tobacco compliance check failure. The amount imposed is due to multiple violations since 2000. As agreed to by Mr. Arthur Stein, the owner, Laber's will also hold a one day training session with the Maplewood Police Department and purchase an electronic device used to swipe driver's licenses to view their age in lieu of an imposed suspension period. Failure to comply with all requirements within 45 days will result in a three day suspension of the business license. Seconded by Councilmember Juenemann Ayes-All Raymond Muckala was recognized by Mayor Longrie. Mr. Muckula thanked council for their consideration in his case. He asked that council consider a provision that acknowledges continued time frames of compliance for redemption purposes. City Council Meeting 07-24-06 Kenwood Area Neighborhood Street Improvements, City Project 05-16; 749 Skillman - On Street Parking City Engineer Ahl presented the report. Mayor Longrie move to adopt the resolution approving the addition of two parking spaces on Skillman Avenue in the form of bump outs with a provision that a sign is installed to remind residents of the overnight parking restrictions. Motion died for lack of a second. Councilmember Rossbach moved to deny the resolution approving the addition of two parking spaces on Skillman Avenue in the form of bump outs with a provision that a sign is installed to remind residents of the overnight parking restrictions. Seconded by Councilmember Hjelle Ayes-Councilmembers Cave, Hjelle, Juenemann and Rossbach Nays-Mayor Longrie 4. City Manager Hiring Process Timeline a. Councilmember Rossbach presented the report. Councilmember Rossbach moved to set the goal to have the new City Manger hired and attending his/her first council meeting December 11, 2006. Seconded by Mayor Longrie Ayes-All M. COUNCIL PRESENTATIONS Statement Prepared by Sherrie Le Councilmember Rossbach requested to read a statement that Human Resource Director Le asked him to read into the record. Councilmember Cave moved to table the Sherrie Le memo until Ms. Le is available to read the statement herself or has it placed on the next City Council Meeting agenda. Seconded by Councilmember Hjelle Ayes-Mayor Longrie, Councilmembers Cave and Hjelle Nays-Councilmembers Juenemann and Rossbach Councilmember Hjelle moved to waive the 11:00 p.m. curfew to address the remainder of the items on the agenda. Seconded by Councilmember Cave Ayes-Mayor Longrie, Councilmembers Cave and Hjelle Nays-Councilmembers Juenemann and Rossbach St. Paul Tourist Cabin Site Councilmember Hjelle stated a press conference was held Thursday, July 20`h at City Hall regarding developer Bart Montanari. Mr. Montanari has entered into an agreement with the St. Paul Tourist Cabin Site property owner to develop a 55 and above active senior housing project. City Council Meeting 07-24-06 City Attorney Process Councilmember Hjelle confirmed the City Attorney Request for Proposal (RFP) is progressing. Mr. Copland is pursing counsel for contract negotiations. Mr. Hjelle thanked Interim City Attorney Kantrud for providing "non-clouded" straighttorward answers to questions. Councilmember Juenemann requested a breakout of legal fees. Tree Ordinance Mayor Longrie would like a first draft of the revised tree ordinance addressed as soon as possible. Interim City Manager Copeland provided an update on the progress and stated Mr. Kantrud currently has the draft. Recent Newspaper Article Mayor Longrie bypassed the discussion she wanted to have to have regarding recent newspaper articles to allow time to address the remaining items on the agenda. N. ADMINISTRATIVE PRESENTATIONS GovDelivery Program IT Director Fowlds provided an overview and update on the auto-email program now available by signing upon the city website. Use of Ramsey County Workhouse Inmates to Assist City Crews in Maintenance Projects Interim City Manager Copeland informed council on the benefits of the continued use of Ramsey County Workhouse inmates to assist the Public Works and Parks and Recreation crews on city projects. Authority to Seek Bids to Replace Seals on Hot Water Hear Loop Pipes at City Hall Interim City Manager Copeland presented the report. Maintenance Manager Farr presented specifics from the report. Councilmember Hjelle moved to authorize staff to seek bids to replace seals on hot water loop pipes at City Hall. Seconded by Councilmember Juenemann Ayes-All Authority to Expend up to $15,000 to conduct an Engineering Study on the Walls of the Community Center to Determine the Cause of Water Leaks Interim City Manager Copeland presented the report. Chief Building Engineer Farr presented specifics from the report. Mayor Longrie moved to expend up to $15,000 to conduct an engineering study on the walls of the Maplewood Community Center to determine the cause of water leaks. Seconded by Councilmember Hjelle Ayes-All City Council Meeting 07-24-06 10 O. ADJOURNMENT Mayor Longrie moved to adjourn at 11:37 p.m. City Council Meeting 07-24-06 11