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HomeMy WebLinkAbout01-28-2008 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, January 28,2008 Council Chambers, City Hall Meeting No. 2-08 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 Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Present Present Present Present Present D. APPROVAL OF AGENDA Councilmember Rossbach added M1. South Leg Meeting Update and M2. Rolling Hills Manufactured Home Park. Mayor Longrie added M3. City Towing Contract, M4. City Contracts, Mayor Longrie and M5. Returning of Personal Items. Acting City Manager requested to move item G. Appointments/Presentations ahead of item F. Visitor Presentations and add item N1. Commission Reappointments to Administrative Presentations. Mayor Longrie moved to approve the aqenda as amended. Seconded by Council member Nephew. Ayes-All The motion passed. E. APPROVAL OF MINUTES Councilmember Juenemann requested a change to item D. Changing Pam VandorWiol to H. Alan Kantrud. Also changing the sentence to read Pam VanderWiel and the Attornevs for the Leaque of Minnesota Cities were unable to attend the meetinq. Mayor Longrie moved to approve the January 14. 2008. 5:30 Special Citv Council Minutes. as amended. Seconded by Councilmember Rossbach. Ayes-All The motion passed. January 28, 2008, City Council Meeting 1 Mayor Longrie had a correction on page 59, under Data Practice Officers, changing Practice to Practice~ Councilmember Nephew had a correction on page 59, under Ramsey County League of Local Govemments Will Rossbach should be the main appointment and John Nephew should be (Alternate). Councilmember Juenemann said there were no citv council liaisons in 2007 for the Planninq. Communitv Desiqn Review Board. Housinq Redevelopment Authoritv. Historical Preservation Commission. Parks & Recreation Commission. and Environmental & Natural Resources Commission so that should be removed from the list. Councilmember Juenemann said on page 46, item K. Unfinished Business, the second motion and the call to vote is missing. The Recordinq Secretary later checked and found that due to the lenqth of the aqreement the second motion and call to vote is located at the end of the aqreement on paqe 51. Councilmember Rossbach said on page 60, under St. Paul Water Utility Board of Commissioners Councilmember Rossbach was nominated by another city to serve so his name should be listed under that commission for 2008. Councilmember Nephew moved to approve the Januarv 14. 2008. Citv Council Minutes as amended. Seconded by Councilmember Juenemann. Ayes-All The motion passed. Councilmember Rossbach moved to approve the Januarv 17. 2008. Continuation of Januarv 14. 2008. Citv Council Meetinq Minutes. Councilmember Juenemann had a correction on page 6, in paragraph 4 and 6 Commissioner Nephew should be changed to Councilmember Nephew. Seconded by Council member Nephew. Ayes - Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Abstain - Mayor Longrie The motion passed. F. APPOINTMENTS/PRESENTATIONS 1. Swearing in of Police Officer Jeffrey Isacson. a. Maplewood Police Chief, Dave Thomalla gave the presentation. b. Mayor Longrie administered the Oath to Police Officer Jeffrey Isacson. c. Chief Thomalla presented Officer Isacson with his badge. G. VISITOR PRESENTATIONS 1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten said she had passed out a letter dated January 22, 2008, to the Council and then read the letter aloud. January 28, 2008, City Council Meeting 2 2. Mr. Leslie Davis, 622 Lowry Avenue, Minneapolis, Founder and President of Earth Protected Environmental Group addressed the council. He was a friend of Bill Kayser and spoke about the issues with Applewood Park. 3. Nancy Lazaryan, Owner of Record of Outlot B, Wood hill Subdivision addressed the council. She spoke about what "Public Service" in Maplewood is. 4. Bob Zick, 2515 White Bear Avenue, Maplewood addressed the council. Mr. Zick gave his opinion regarding issues he has with the way city business is conducted in Maplewood. H. PUBUCHEAR~GS None. I. CONSENT AGENDA 1. Councilmember Juenemann moved to approve items 1 & 3. Seconded by Council member Hjelle. Ayes-All 2. Councilmember Hjelle moved to approve item 2. Seconded by Councilmember Juenemann. Ayes-All 3. Councilmember Juenemann moved to approve item 4. Seconded by Council member Nephew. Ayes-All 4. Councilmember Hjelle moved to approve item 5. Seconded by Mayor Longrie. Ayes-All 1. Approval of Claims. Councilmember Juenemann moved Approval of Claims. Seconded by Council member Hjelle. Ayes-All The motion passed. 2. County Road D Realignment West (T.H. 61 to Walter Street), City Project 02-08, Resolution Approving Modification of Existing Construction Contract, Change Order No. 42. Councilmember Hjelle moved to approve the resolution directinq the modification of the existinq construction contract. Chanqe Order No. 42 (TA Schifskv Contract). for the Countv Road D West Improvements (TH 61 to Walter Street). Citv Proiect 02-08. January 28, 2008, City Council Meeting 3 RESOLUTION 08-01-010 DIRECTING MODIFICATIONS OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-08, CHANGE ORDER NO. 42 (TA Schifsky Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-08, Change Order No. 42, (TA Schifsky Contract), as an increase to said contract by an amount of $1 ,368.85, such that the new contract amount is now and hereby established as $1,079,059.75. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 42 as a contract increase in the amount of $1,368.85. The revised contract amount is $1,079,059.75. Approved this 28th day of January 2008. Seconded by Councilmember Juenemann. Ayes-All The motion passed. 3. Conditional Use Permit Review - 5-8 Tavern and Grill (2289 Minnehaha Avenue). Councilmember Juenemann moved to approve the conditional use permit for the 5-8 Tavern and Grill at 2289 Minnehaha Avenue to be reviewed aqain in one vear to ensure that the rainwater qarden functions properlv and that all other required exterior improvements are maintained. Seconded by Council member Hjelle. Ayes-All The motion passed. 4. Conditional Use Permit Review - 3M Leadership Development Institute (2350 Minnehaha Avenue). Councilmember Juenemann moved to approve the conditional use permit for the 3M Leadership Development Institute at 2350 Minnehaha Avenue to be reviewed aqain in one vear to ensure that the native plantinqs are established. rainwater qardens function properlv. and that all other required exterior improvements are maintained. Seconded by Council member Nephew. Ayes-All The motion passed. January 28, 2008, City Council Meeting 4 5. Metro Gang Strike Force Grant Agreement and Resolution. a. Maplewood Police Chief, Dave Thomalla gave the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Hjelle moved to approve the Metro Ganq Strike Force Grant Aqreement and Resolution in the amount of $40.000.00. The two people that will sign the agreement are the Mavor and the Police Chief. STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Justice Programs, 444 Cedar Street, Suite 100, St. Paul, Minnesota 55101-5100 ("State") and City of Maplewood, Police Department, 1830 E. County Road B, Maplewood, Minnesota, 55109 ("Grantee"). Recitals 1. Under Minn. Stat. S299A.01, Subd 2 (4), the State is empowered to enter into this grant contract. 2. State funds for this grant contract are provided in Laws of Minnesota 2007, Chapter 54, Article 1, Section 10, Subdivision 6 for the purpose of funding the combined operations of the Criminal Gang Strike Force and Narcotics Task Forces. The State is responsible under Minn. State S299A.641 for administration of funds for the organization and operation of the Gang and Drug Oversight Council (Council) and the combined operations of the Criminal Gang Strike Force and Narcotics Task Force. 3. The State is in need of services that fulfill this purpose. 4. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date. January 1, 2008, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.3 of this grant contract. Reimbursement will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date. December 31, 2008, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration of cancellation of this grant contract: 8 Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties 2.1 Activities. The Grantee, who is not a state employee, will perform all of the duties and tasks specified in the applicable Request for Proposal and the Grantee's grant application for this program, which are incorporated by reference into this grant contract and are on file with the State and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. January 28, 2008, City Council Meeting 5 Grantee shall also comply with all program standards, which are hereby incorporated by reference into this grant contract and made a part of this grant contract. Grantee will sign a joint powers agreement that addresses common issues including but not limited to: purpose, scope of work, work location, command structure, terms of participation, and use of forfeited assets. 2.2 Reporting Requirements. Grantee shall report to the State as specified in the Office of Justice Programs' Grant Manual, which is hereby incorporated by reference into this grant contract and made a part of this grant contract. Financial Reporting. Grantee shall submit a financial reporting form to the State utilizing the format identified by the State within 30 days after the end of the reporting period. Progress Reporting. Grantee shall use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accomplishment of the program goals and objectives within 30 days after the end of reporting period. Other Requirements. Grantee shall submit such other reports and attend meetings and training as State shall reasonably request. Evaluation. State shall have the authority, during the course of this grant period, to conduct an evaluation of the performance of the Grantee. Requirement Changes. State may modify or change all reporting forms at their discretion during the grant period. Special Requirements. The State reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the Grantee's successful implementation of the program. The State will notify the Grantee in writing of any special administrative requirements. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. (1 ) (2) (3) (4) (5) (6) 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $40,000.00, according to the breakdown of costs contained in Exhibit A, which is attached and incorporated into this grant contract. The Grantee will submit any revisions to Exhibit A as described in Section 4.2 (2) of this grant contract and be revised budget must be approved by the State's Authorized Representative before any expenditures may be made based on the revised budget. (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will be paid in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incorporated into this grant contract by reference. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $40,000.00. January 28, 2008, City Council Meeting 6 $20,000.00 is available from January 1,2008, through December 31,2008. $20,000.00 is available from July 1, 2008, through December 31,2008. 4.2 Fiscal Requirements. Grantee shall report to the State as specified in the Office of Justice Programs' Grant Manual. (1) Financial Guidelines. Grantee shall comply with all policies, procedures, and provisions applicable to each source of funding received. Grantee shall comply with the current Office of Justice Programs' Grant Manual. No funds will be disbursed for activities not identified in the goals and objectives or work plan submitted on the grant application forms prescribed by the State. No funds from a specific funding source will be disbursed for activities that do not meet the requirements of that funding source. (2) Budget Revisions. Grantee shall submit a written budget revision request to the State's Authorized Representative before any expenditure may be made based on the revised budget. Submission and approval of a budget revision is necessary if a) a line item will deviate by $200 or 10%, whichever is higher, from the approved budget, or b) a new line item that was not part of the approved budget will be created. (3) Closeout. Grantee shall have until 30 days after the Expiration date of this grant contract, to submit a report of all funds and interest received and disbursed. If a report is not submitted within this time period, expenses claimed on the report may be disallowed and the State may request a refund of those monies from the Grantee. (4) Records. Grantee shall retain all financial records for a minimum of six (6) years after the date of submission of the final financial status report, or until completion of an audit which has commenced before the expiration of this six-year period, or until any audit findings and/or recommendations from prior audit(s) have been resolved between the Grantee and State, whichever is later. 4.3 Payment Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Itemized invoices will be filed in arrears at least quarterlv. but not more often than month Iv. and within 30 davs of the period covered bv the invoice for services satisfactorilv performed. Final invoice pertaining to the first state fiscal year of this grant contract must be received by July 31,2008. Reimbursements from the second state fiscal year may commence on or after July 1, 2008. The final invoice pertaining to the second state fiscal year of this grant contract must be received within 30 days after the Expiration date of this grant contract. Expenditures for each state fiscal year of this grant contract must be for services performed within the applicable state fiscal year. Every state fiscal year begins on July 1 and ends on June 30. 4.4 Federal requirements. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through CFDA _' The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. January 28, 2008, City Council Meeting 7 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Sue Perkins, Grants Specialist Coordinator, Office of Justice Programs, Justice and Community Grants, 444 Cedar Street, Suite 100, St. Paul, Minnesota 55101, (651) 201-7338, or his/her successor, and has responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is David Thomalla, Chief of Police, Maplewood Police Department, 1830 E County Road B, Maplewood, Minnesota 55109, (651) 249- 2602. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. S16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. S 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. January 28, 2008, City Council Meeting 8 If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. S 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Worker's Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-Iaw provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services 14.2 Termination by the Grantee. The Grantee may request termination upon 30 day's notice to the State's Authorized Agent. Upon termination the Grantee is entitled to payment for services actually performed and agrees to return any unused funds to the State. 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligate to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. January 28, 2008, City Council Meeting 9 15 Data Disclosure Under Minn. Stat. S 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. 1. ENCUMBRANCE VERIFICATION Individual certifies that funds have been Encumbered as required by Minn. Stat. 9916A.15 and 16C.05. 3. STATE AGENCY Signed: Date: By: Title: (with delegated authority) Grant Contract No.: 2008-MGSF-00514/6300-2677 Date: 2. GRANTEE The Grantee certifies that the appropriate person(s) Have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Attest: Title: Title: Date: Date: By: Title: Date: Distribution: Agency: Grantee: State's Authorized Representative January 28, 2008, City Council Meeting 10 LEGAL AUTHORITY TO SIGN GRANTS Statutory Cities MS.412.201 EXECUTION OF INSTRUMENTS Every contract, conveyance, license or other written Instrument shall be executed on behalf of the city by the mayor and Clerk, with the corporate seal affixed, and only pursuant to Authority from the council. Or, signature by person/authority named in resolution by City of Maplewood council identifying who may sign grant contract. County Board MS.375.13 CHAIR The county board, at its first session in each year, shall Elect from its members a chair and a vice-chair. The chair shall Preside at its meetings and sign all documents requiring signature on its behalf. The chair's signature, attested by the clerk of the county board shall be binding as the signature of the board. In case of the absence or incapacity of the chair, the vice-chair are absent from any meeting, all documents requiring the signature of the board shall be signed by a majority of it and attested by the clerk. Or, signature by person/authority named in resolution by county Board identifying who may sign grant contract. Non-Profit Signature by position specified in by-laws Or, signature by person/authority named in resolution by board Identifying who may sign grant. January 28, 2008, City Council Meeting 11 RESOLUTION 08-01-011 AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the City of Maplewood will enter into a cooperative agreement with the Office of Justice Programs in the Minnesota Department of Public Safety. The Mayor and Police Chief are hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Maplewood. I certify that the above resolution was adopted by the City Council of Maplewood on January 28, 2008. SIGNED: WITNESSETH: (Signature) (Signature) (Title) (Title) (Date) (Date) There was a friendly amendment to authorize the Mayor and Police Chief to sign the agreement which was accepted. Seconded by Mayor Longrie. Ayes-All The motion passed. J. AWARD OF BIDS None. January 28, 2008, City Council Meeting 12 K. UNFINISHED BUSINESS 1. Comprehensive Plan Update: Consider Contract Amendments with McCombs, Frank Roos, and Assoc., Kimley-Horn Associates, SEH, Inc. and Applied Ecological Services Inc. for Updates to all Chapters of Comprehensive Plan. a. Acting City Manager & Public Works Director, Chuck Ahl gave the presentation and answered questions of the council. b. Rose Lorsung, Schoell Madson addressed and answered questions of the council. c. City Attorney, Alan Kantrud answered questions of the council. Councilmember Juenemann moved to approve the Actinq Citv Manaqer to retain the followinq consultinq firms for completion of the Comprehensive Plan Update as noted: 1. Retain McCombs Frank Roos Associates (MFRA) at a cost of $83,699 to prepare the Parks, Trails and Open Space and Land Use Component of the Comprehensive Plan. An amount of $21 ,830 has been previously authorized to Schoell Madson, who has merged with MFRA. Funding shall be from the 2008 Planning Budget in the amount of $51 ,099 and $10,770 from the Park Availability Fund (Fund 403). 2. Retain Kimley-Hom (KHA) in the amount of $10,600 to complete the Sewer Component of the Comprehensive Plan. Funding shall be from the Sewer Fund [601-508-000-4490]. An amount of $9,800 has previously been authorized to KHA. 3. Retain Applied Ecological Services, Inc. (AES) in the amount of $20,300 from the Park Availability Fund (fund 403) for preparation of the Natural Resources Greenway Plan. 4. Retain SEH, Inc. in the amount of $65,000 from the Environmental Utility Fund (fund 604) for preparation of the Storm Water Management Plan. 5. Adopt the proposed Flow of Communications and Responsibilities for Comprehensive Planning Process chart as proposed by City staff establishing the process and expectations of the Parks Trail and Open Space Advisory panel and of the Commissions in the Comprehensive Planning Process. Seconded by Councilmember Rossbach. Ayes-All The motion passed. 2. Consideration of Removal of Greg Copeland as City Manager: Report from City Attorney on Retention of Legal Counsel. a. City Attorney, Alan Kantrud gave the report and answered questions of the council. Councilmember Nephew moved to recommend to Staff Mr. Scott Lepak. of Barna Guzv and Steffen (Alternate would be Mr. Michael Waldspurqer. of Ratwik. Roszwak and Malonev) for the purpose of assistinq in the transition of current Citv Manaqer to a successor Citv Manaqer. said work to include advice reqardinq statutorv procedure as well as contract interpretation. and to authorize the enqaqement of that person on an hourlv basis for that purpose. Said authorization to include the expenditure of up to $5.000.00 for that specific purpose. If litiqation related to this matter is occasioned. Council is not bound to keep aforementioned counsel and mav terminate the relationship without further notice. January 28, 2008, City Council Meeting 13 The council further directs the Actinq Citv Manaqer to enqaqe the candidate for that purpose and qrant the authoritv to let such a contract or siqn a retainer aqreement consistent with the terms as hereinbefore described. The council also authorizes the existinq Citv Attornev(s) to work with the contract attornev so enqaqed to provide such information as required to minimize the costs to the Citv and to allow the communication of attornev client privileqed information to said attornev. Seconded by Councilmember Rossbach. Ayes - Councilmembers Juenemann, Nephew & Rossbach Navs - Mayor Longrie & Councilmember Hjelle The motion passed. L. NEW BUSINESS 1. Club Liquor License - Change of Manager - James Warren Lane, Jr. Maplewood Moose Lodge #963. a. City Clerk, Citizen Services Manager, Karen Guilfoile gave the report. b. James Warren Lane, Jr., Manager of Moose Lodge #963, 1946 English Street, addressed and answered questions of the council. Councilmember Hjelle moved to approve the Intoxicatinq Liquor License Chanqe of Manaqer for the Maplewood Moose Lodqe at 1946 Enqlish Street. Seconded by Councilmember Rossbach. Ayes-All The motion passed. 2. WinelStrong Beer Liquor License - Change of Manager - Brian Drought - Pei Wei Asian Diner. a. City Clerk, Citizen Services Manager, Karen Guilfoile gave the report. b. Brian Drought, Manager of Pei Wei Asian Diner, 3095 White Bear Avenue, addressed and answered questions of the council. Councilmember Hjelle moved to approve the Wine and Stronq Beer Liquor Licenses for Pei Wei Asian Dinner at 3095 White Bear Avenue. Seconded by Council member Nephew. Ayes-All The motion passed. 3. On-Sale Liquor License - New Owner and Manager - Mahmood Khan - Stargate Dance Club. a. City Clerk, Citizen Services Manager, Karen Guilfoile gave the report. b. Mahmood Khan, future Owner and Manager of Stargate Bar and Dance Club at 1700 Rice Street addressed and answered questions of the council. c. Shazaad Khan, son of Mahmood Khan, 2837 Centerville Road, Little Canada. Mr. Khan addressed and answered questions of the council. January 28, 2008, City Council Meeting 14 Mayor Longrie moved to approve the Chanqe of Owner and Manaqer Intoxicatinq Liquor License for Starqate Bar and Dance Club located at 1700 Rice Street. Seconded by Councilmember Rossbach. Ayes-All The motion passed. 4. Dynamic Display Signs Moratorium Ordinance (First Reading). a. City Attorney, Alan Kantrud gave the report and answered questions of the council. Councilmember Hjelle moved to adopt the (first readinq) ordinance that will place a moratorium on the construction or installation of dvnamic displav siqns to allow time for the citv to studv and adopt a dvnamic displav siqn ordinance. Seconded by Mayor Longrie. Ayes - Mayor Longrie, Councilmembers Hjelle & Juenemann Navs - Councilmembers Nephew & Rossbach The motion passed. Councilmember Nephew wanted it noted for the record that he supports the Dynamic Display Sign Moratorium but voted against the motion because he felt the Maplewood Community Center sign should be subject to the moratorium as well. Councilmember Nephew requested a break at 9:20 p.m. The Council reconvened at 9:30 p.m. 5. Planning Commission's 2007 Annual Report. a. Planner, Ken Roberts gave the report and answered questions of the council. b. Planning Commissioner, Joe Walton gave the Planning Commission's 2007 Annual Report. Councilmember Juenemann moved to accept the Planninq Commission's 2007 Annual Report. Seconded by Council member Hjelle. Ayes-All The motion passed. 6. Myrtle -Idaho Area Street Improvements, City Project 07-19, Resolution Accepting Feasibility Study and Ordering Public Hearing. a. Acting City Manager & Public Works Director, Chuck Ahl gave the report and answered questions of the council. b. Finance and Administration Manager, Bob Mittet answered questions of the council. January 28, 2008, City Council Meeting 15 c. Ann Fosberg, 2516 Idaho Street East, Maplewood, addressed the council and spoke regarding the conditions of Idaho Street and the assessment costs to fix the road. Councilmember Juenemann moved to approve the resolution acceptinq the report and callinq for a public hearinq for 7:00 p.m.. Mondav. Februarv 11. 2008. for the Mvrtle-Idaho Street Improvements. Citv Proiect 07-19. RESOLUTION 08-01-012 ACCEPTING REPORT AND CALUNG FOR PUBUC HEARING WHEREAS, pursuant to resolution of the council adopted August 27'h, 2007, a report has been prepared by the city engineering division with reference to the improvement of Myrtle-Idaho Area Street Improvements, City Project 07-19, and this report was received by the council on January 28th, 2008, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the Myrtle-Idaho Area Street Improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $860,149. 2. A public hearing shall be held on such proposed improvement on the 11 th day of February, 2008, in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Approved this 28th day of January 2008. Seconded by Council member Nephew. Ayes - Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Nav - Mayor Longrie The motion passed. Mavor Lonarie said she voted nav because she felt the citv should be focusina the road improvement dollars on streets that are not dead end streets and that can service the most number of people for the monev that is spent. Especiallv considerina it increases the debt load for the citv. 7. Kohlman Lane Area Street Improvements, City Project 07-21, Resolution Accepting Feasibility Study and Ordering Public Hearing. a. Acting City Manager and Public Works Director, Chuck Ahl gave the report and answered questions of the council. January 28, 2008, City Council Meeting 16 Councilmember Hjelle moved to approve the resolution acceptinq the report and callinq for a public hearinq for 7:15 p.m.. Mondav. Februarv 11. 2008. for the Kohlman Lane Area Street Improvements. Citv Proiect 07-21. RESOLUTION 08-01-013 ACCEPTING REPORT AND CALUNG FOR PUBUC HEARING WHEREAS, pursuant to resolution of the council adopted August 27'h, 2007, a report has been prepared by the city engineering division with reference to the improvement of Kohlman Lane Area Street Improvements, City Project 07-21, and this report was received by the council on January 28th, 2008, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the street improvement of Kohlman Lane Area Street Improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $2,314,350. 2. A public hearing shall be held on such proposed improvement on the 11 th day of February, 2008 in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Approved this 28th day of January 2008. Seconded by Councilmember Juenemann. Ayes - Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Nav - Mayor Longrie The motion passed. Mavor Lonorie said this proiect impacts about 43 households and accordino to the staff report 35 residents attended the neiohborhood meetino. which is a hioh turnout. She would have liked to have had the citizen comments included in the council report so she could've understood how the residents felt about this proiect. Previouslv the council was encouraoed not to attend these tvpes of meetinos. The Mavor shared the same comments for this aoenda item that she made in the previous aoenda item. 8. Consider Approval to Purchase Laptop Computers. a. Maplewood Police Chief, Dave Thomalla gave the presentation. b. IT Director, Mychal Fowlds addressed and answered questions of the council. Councilmember Juenemann moved to recommend the purchase of 20 Panasonic CF-30 laptops. the additional memorv. and one-vear warrantv extension from Compar. The total expenditure. includinq tax. will be approximatelv $79.700. This purchase should provide qualitv squad car laptop equipment for approximatelv four vears. January 28, 2008, City Council Meeting 17 Seconded by Council member Hjelle. Ayes-All The motion passed. 9. Consider Approval to Purchase Carbine Rifles. a. Maplewood Police Chief, Dave Thomalla gave the presentation. Councilmember Hjelle moved to approve the purchase 24 DPMS AP4 14.5" carbine rifles for the Police Department for $29.598.48 and 24 optic siqhts at a cost not to exceed $18.888.84. Seconded by Councilmember Juenemann. Ayes-All The motion passed. 10. Planning of City Council Retreat. a. Acting City Manager & Public Works Director addressed the issue of the Planning Council Retreat. The council will first meet with Acting City Manager Ahl to discuss policy issues. City Clerk, and Citizen Services Manager, Karen Guilfoile and Senior Administrative Assistant, Harriet Rydel will find a date for the retreat that works for everyone. M. COUNCIL PRESENTATIONS M1. South Leg Meeting Update Councilmember Rossbach said the meeting that was held at the fire station on Londin Lane on Wednesday, January 23, 2008, regarding smoke concerns of Maplewood residents was attended by 25 people. He asked if the council had anything to add to the discussion. He said he would add this to the agenda for the next council meeting to discuss recommending approval to allow for staff time in order to put together a task force to review the city ordinances and suggest changes to the ordinances as discussed by the residents on January 23rd. M2. Rolling Hills Manufactured Home Park Councilmember Rossbach said he received a phone call from a resident who lives in the Rolling Hills manufactured home park requesting a meeting to discuss concerns the residents have with the change in ownership at the Rolling Hills manufactured home park. He said that 51 % of the residents have formed an association but the resident said they have been unable to get the park management to meet with them. This person said park fees are being raised more now under the new ownership than ever before. Councilmember Rossbach told the resident he didn't think there was anything he or the council could do for the residents but he wanted to bring this issue up with the council just in case. City Attorney Kantrud said the residents should seek consultation with the advocacy group that works with mobile home parks called MMHA, Minnesota Manufactured Home Association. Councilmember Rossbach said he would phone the resident and pass the information along. M3. City Towing Contract January 28, 2008, City Council Meeting 18 Mayor Longrie was curious about the city towing contract and wondered when the last time the contract had been reviewed. She asked Chief Thomalla to comment on it. Chief Thomalla said there is no towing contract with the city. The towing service is currently being provided by D & D Towing. There is no profit to the city, they simply tow cars for the city and charge the individual that owns the car that was towed. Many years ago another towing vendor had been towing for the entire city and their response times got to be excessive which was costing staff time because officers had to wait for the tow truck to come. D & D Towing is the only towing vendor with an impound lot in Maplewood. The city started allowing D & D Towing to do part of the towing for Maplewood and discovered their response time was phenomenal. The city did a survey for a few months tracking the towing response times. After doing the survey it was obvious that D & D Towing was providing a much quicker response time so the city gave all the towing business for the City of Maplewood to D & D Towing. There is no contract with D & D Towing, its simply convenient with the Maplewood location for the investigators to go to the impound lot when they need to. The location is also convenient for Maplewood residents if they happen to have their car towed. As far as towing charges go, D & D sets their rates. Charges differ across the board depending on what kind of tow it results in such as a flat bed, wheel lift, etc. M4. City Contracts Mayor Longrie said lately there have been a number of questions about city contracts and who signs the contracts. She said that for many years city contracts have only been signed by the City Manager and the Mayor so this situation is nothing new. She thought it would be a good idea to post Mr. Copeland's contract on the city website. Ramsey County and the School District post their contracts online for the public to view and the Mayor thought maybe the City of Maplewood should do the same thing. With data practice requests, this information is available to anyone. This would alleviate concerns regarding what exactly was in Mr. Copeland's contract. There has been a concern that because of what it says in the contract, the city may be in litigation. However, if you read the contract you would see at the end of the contract it says "if this agreement is in anyway disputed or challenged that in that event it will be decided in binding arbitration" and then further describes how the arbitration panel is selected. MS. Return of Personal Items Mayor Longrie said the evening of January 14, 2008, when Mr. Copeland was put on Administrative Leave and was asked to pack his belongings and leave the building he left his hat and gloves behind. The Mayor said someone from the city delivered his personal items to her because they didn't want to be seen returning these items to Mr. Copeland. The Mayor said she too was concerned about what people would say if she was seen delivering these items to Mr. Copeland. In order to prevent this situation she asked the council if it would be appropriate to mail Mr. Copeland's personal belongs to him. Councilmember Hjelle said he would deliver the items to Mr. Copeland himself. N. ADMINSTRATIVE PRESENTATIONS N1. Commission Reappointments Chuck Ahl said Commission Reappointments need to be done. He asked the council if Monday, February 4th would work which it didn't, so the council decided to hold the Commission Reappointments on Monday, February 11, 2008, at 5:00 p.m. January 28, 2008, City Council Meeting 19 O. ADJOURNMENT Mayor Longrie adjourned the meeting at 10:48 p.m. January 28, 2008, City Council Meeting 20