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HomeMy WebLinkAbout11-10-2008 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, November 10, 2008 Council Chambers, City Hall Meeting No. 32-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30 p.m. by Acting Mayor Hjelle. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Absent Diana Longrie, Mayor Erik Hjelle, Acting Mayor Present Kathleen Juenemann, Councilmember Present Absent John Nephew, Councilmember Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA The following items were added by staff and the council. H1. Smoke Task Force ? Councilmember Rossbach H2. Elections ? Councilmember Juenemann L5. Acting City Manager, Chuck Ahl requested to add an emergency item to the agenda. The Joint Powers Agreement - Election Recount. Acting Mayor Hjelle moved to approve the agenda as amended. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. E. APPROVAL OF MINUTES Councilmember Juenemann moved to approve the October 27, 2008, Council Manager Workshop Minutes as submitted. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. Approval of October 27, 2008, City Council Meeting Minutes Acting City Manager, Chuck Ahl said changes to the October 27, 2008, City Council Meeting Minutes were called in to City Clerk, Karen Guilfoile. Mr. Ahl read the changes into the record for the final version of the minutes. L3. Conditional Use Permit for Accessory Building Size Item (Page 9 of 102 in the October 27, 2008, City Council Meeting Minute Packet) November 10, 2008 1 City Council Meeting Minutes Change the title in the minutes to what the agenda item was which should be: Approve or Deny Conditional Use Permit (CUP) for An Oversized Garage After the words ?This item was for discussion only and no action was taken? add ?due to no application having been submitted to the city for consideration?. L8a. Comprehensive Plan Resolution Time Extension: Item(Page 20 of 102 in the October 27, 2008, City Council Meeting Minute Packet) After further review of the city council meeting audio the following words should be added that was noted by the Mayor: Mayor Longrie said she thought we were going to have staff be more accountable in watching their times and their schedules. H. Council Presentations: (Page 25 of 102) H2. LEAP Award Presentation ? add the second LEAP Award winner?s names to the record. Paul and Lori Benassi at 975 Kohlman Lane. H4. Municipal Legislative Commission Meeting Update ? The last sentence should read ?There were great examples of how wind energy is generated at the meeting site.? H5. 2010 Framework Documentation for Looking at Senior Housing Trends ? This information should be passed onto the Housing Redevelopment Authority Commission. Acting Mayor Hjelle moved to approve the October 27, 2008, City Council Meeting Minutes as amended. Seconded by Councilmember Rossbach. Councilmember Juenemann had a friendly amendment for item L8a. Comprehensive Plan Resolution Time Extension. Councilmember Juenemann stated that this was an editorial comment and if Mayor Longrie did not state those words during the meeting they should not be included in the final minutes. The recording Secretary is instructed to listen to the meeting and if in fact Mayor Longrie stated those comments they shall be included for the record. If Mayor Longrie did not make that statement those words that were requested by the Mayor to be included shall be omitted. The friendly amendment was approved by Acting Mayor Hjelle and Councilmember Rossbach. Ayes - All The motion passed. Councilmember Rossbach moved to approve the November 3, 2008, Council Manager Workshop Minutes as submitted. Seconded by Acting Mayor Hjelle. Ayes ? Acting Mayor Hjelle, Councilmember Rossbach Abstain ?Councilmember Juenemann The motion passed. F. VISITOR PRESENTATIONS ? PART I November 10, 2008 2 City Council Meeting Minutes None. G. ADMINISTRATIVE PRESENTATIONS None. H. COUNCIL PRESENTATIONS 1.Smoke Task Force ? MCC Room D ? Councilmember Rossbach Councilmember Rossbach said there is a Smoke Task Force Meeting scheduled for Thursday, November 19, 2008, at 7:00 p.m. Councilmember Rossbach said apparently someone is circulating flyers in Maplewood resident?s mailboxes. These flyers indicate that the city is planning on banning wood burning in the City of Maplewood. This is untrue and is not the reason the Smoke Task Force is meeting. Councilmember Rossbach said it is illegal to put anything in someone?s mailbox other than certified items. Acting City Manager Chuck Ahl said there was a conflict with booking the council chambers. The Smoke Task Force Meeting has been moved from the City Council Chambers to the Maplewood Community Center - Room D. Because of the change in meeting location staff will make sure that proper signage is posted. 2.November 4, 2008, Election ? Councilmember Juenemann Councilmember Juenemann acknowledged and thanked the people that worked so hard for the General Election on November 4, 2008. She said the City of Maplewood did an exceptional job and she especially thanked City Clerk, Karen Guilfoile along with the staff in the Citizen Services department for all the hours that were worked to make the election process run smooth. She also thanked the election judges and the others that helped make November 4, 2008, a success in Maplewood. I. APPOINTMENTS AND PRESENTATIONS None. J. PUBLIC HEARINGS None. K. UNFINISHED BUSINESS 1. Completion of Alcohol and Tobacco Compliance Failures a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report. Councilmember Rossbach moved to tablethis item until the end of the meeting to allow the owners of the businesses to be present. Seconded by Acting Mayor Hjelle. Ayes ? Acting Mayor Hjelle, Councilmember Rossbach Nay ? Councilmember Juenemann The motion to table passed. November 10, 2008 3 City Council Meeting Minutes 2. Comprehensive Plan Update: Discussion Item, No Action Required a. Rose Lorsung, Pulse Land Group gave the presentation and addressed and answered questions of the council. b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. Acting Mayor Hjelle asked if anyone wanted to come forward and address the council. 1. Ms. Michael Bailey, 1615 Sterling Street South, Maplewood. (Appeared Twice) 2. Ron Cockriel, 943 Century Avenue South, Maplewood. (Appeared Twice) 3. Mark Bonitz, 1635 Sterling Street South, Maplewood. 4. Caroline Peterson, 1801 Gervais Avenue, Maplewood. Ms. Lorsung said staff and consultants will return to address the council at the November 24, 2008, City Council Meeting to further discuss the Comprehensive Plan Update. L. NEW BUSINESS 1. Ferndale-Geranium Area Street Improvements, Project 07-14, Consider Approval of Resolution To Modify Existing Construction Contract through Change Order No. 3 and Approval of Fund Transfer from Various Projects. a. Acting City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. Councilmember Rossbach moved to approve the resolution directing the Modification of Existing Construction Contract through Change Order Number 3 for City Project 07-14 and approve the adjustment to the budget to account for total project costs. RESOLUTION 08-11-166 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-14, CHANGE ORDER NO. 3 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 07-14, Ferndale Geranium Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 07-14, Change Order No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1) The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 3 in the amount of $234,870.24. The revised contract amount is $1,862,497.86. 2) The retainage within the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5% to 0.5%. 3) The finance director is hereby authorized and directed to adjust the project budget to reflect a transfer of $400,000 from Fund 575 (Bond Sale Proceeds) and $200,000 from Fund #573 (Bond Sale Proceeds) into Fund 579 (G.O. Imp. Bond). The revised budgets are shown below: November 10, 2008 4 City Council Meeting Minutes City Project 07-14 (Fund 579) Current Revised Street Assessments $ 431,100 $ 431,100 Storm Sewer Assessments $ 13,940 $ 13,940 Watermain Assessments $ 69,700 $ 69,700 Linwood Special Assessments $ 60,000 $ 60,000 Sanitary Sewer Utility Fund $ 162,800 $ 162,800 Environmental Utility Fund (EUF) $ 288,000 $ 288,000 SAC Funds $ 20,000 $ 20,000 WAC Funds $ 80,000 $ 80,000 Driveway Replacement Program $ 25,460 $ 25,460 MSA Bonds $ 255,600 $ 255,600 G. O. Improvement Bond $ 431,800 $ 1,031,800 ($600,000 transfer in) Total $ 1,838,400 $ 2,438,400 City Project 07-01 (Fund 575) Reduce Budget by $400,000.00 (G.O. Improvement Bond) City Project 06-16 (Fund 573) Reduce Budget by $200,000.00 (G.O. Improvement Bond) Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 2. Resolution Authorizing New Depository Account & Brokerage Services Agreement with UBS Financial Services, Inc. a. Finance Director, Bob Mittet gave the report and answered questions of the council. Councilmember Juenemann moved to table this item until November 24, 2008, so that staff can review the solvency and stability of UBS Financial Services, Inc. Seconded by Acting Mayor Hjelle. Ayes ? All The motion to tablepassed. 3. Discussion of Ordinance for Protection of City Open Space Properties (Councilmember Nephew). Councilmember Rossbach moved to table this item until November 24, 2008, because Councilmember Nephew was absent and could not present the item to the council. Seconded by Councilmember Juenemann. Ayes ? All The motion to tablepassed. 4. Approval of Claims Councilmember Rossbach moved Approval of Claims. ACCOUNTS PAYABLE: November 10, 2008 5 City Council Meeting Minutes $ 757,224.48 Checks # 76752 thru # 76816 Dated 10/21/08 thru 10/28/08 $ 318,956.54 Disbursements via debits to checking account Dated 10/16/08 thru 10/24/08 $ 301,798.53 Checks # 76817 thru # 76885 Dated 10/28/08 thru 11/04/08 $ 122,861.59 Disbursements via debits to checking account dated 10/23/08 thru 10/31/08 __________________ $ 1,500,841.14 Total Accounts Payable PAYROLL $ 475,513.28 Payroll Checks and Direct Deposits dated 10/31/08 $ 460.00 Payroll Deduction check #1006185 thru # 1006185 dated 10/31/08 ___________________ $ 475,973.28 Total Payroll GRAND TOTAL $ 1,976,814.42 Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 5. Joint Powers Agreement for the Election Recount a. Acting City Manager, Public Works Director, introduced this emergency item. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Juenemann moved to approve the Joint Powers Agreement with the State of Minnesota for the recount. 34424372 MAPS PO. STATE OF MINNESOTA JOINT POWERS AGREEMENT This agreement is between the State of Minnesota, acting through its Office of the Secretary of State (?State?) and the County Auditor of each of the Counties or the City Clerk of each of the cities listed in Appendix A. (?Contractor?). Recitals Under Minn. Stat. §471.59, subd. 10, and Minnesota Rules, subpart 8235.0200 the State is empowered to engage such assistance as deemed necessary. The State is in need of election recount services for the automatic recount of votes pursuant to Minnesota Statutes, section 204C.35, subd. 1 for the general election for United States Senate and for recounts in State Senate District 16 and State House Districts 12B and 16A. The Contractor represents that it is duly qualified and agrees to perform all services described in this contract to the satisfaction of the State. Agreement November 10, 2008 6 City Council Meeting Minutes 1 Term of Agreement 1.1 Effective date: November 19, 2008, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: January 1, 2009, or until all obligations have been satisfactorily fulfilled, whichever occurs later. 2 Agreement between the Parties The Contractor will act as a Deputy Recount Official designated by the Secretary of State pursuant to Minnesota Rules, part 8235.0200 and will conduct a recount of the votes cast in the county in which the Contractor is the County Auditor and in any additional jurisdiction mutually agreed upon by Contractor and State, pursuant to the provisions of Minnesota Statutes and Minnesota rules relating to recounts, the Minnesota 2008 Recount Guide, all of which are attached to this contract as Appendices B, C and D, respectively, as well as the information provided during the Web streaming video transmission to counties of November 13, 2008, and any other guidance provided to the Deputy Recount Official by the State. Appendix A will be updated prior to the commencement of the recount to show all participating jurisdictions. The recount will begin on or about November 19, 2008, and will continue until all ballots in the jurisdictions being counted by the Deputy Recount Official by the State. Appendix A will be updated prior to the commencement of the recount to show all participating jurisdictions. The recount will begin on or about November 19, 2008, and will continue until all ballots in the jurisdictions being counted by the Deputy Recount Official are counted or designated as challenged. In the event that an election contest is filed in any of these elections and the court takes jurisdiction, the State may cancel this contract immediately and without any further cause. The State and contractor agree that this process should be completed on or before December 5, 2008, unless civil litigation delays completion. The results of the recount, along with all explanatory notes and any ballots challenged by candidates in the election shall be securely forwarded and provided to the State by personal delivery or express courier for delivery to the State, at the expense of the State at the conclusion of the recount process in the county or city. 3 Payment a) Compensation. The Contractor will be paid three cents for each ballot handled in the course of the recount, with a minimum payment of $100. The Contractor will submit a log of all ballots handled to State to verify the total. b) Travel. No travel expenses will be paid. The total obligation of the State under this agreement will not exceed an aggregate of $100,000 for all Contractors. 4 Authorized Representatives The State?s Authorized Representative is Gary Poser, Director of Elections, 180 State Office Building, Saint Paul MN 55155 651-201-1352, or his/her successor, and has the responsibility to monitor the Contractor?s performance and the authority to accept the services provided under this contract. If the services are satisfactory, the State?s authorized Representative will certify acceptance on each invoice submitted for payment. The Governmental Unit?s Authorized Representative is the County Auditor or municipal clerk who has signed the contract. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement 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 agreement, or their successors in office. November 10, 2008 7 City Council Meeting Minutes 5.2 Amendments. Any amendment to this agreement 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 agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 34424372 MAPS PO 6 Liability The Governmental Unit will 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 agreement by the Governmental Unit or the Governmental Unit?s agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State?s failure to fulfill its obligations under this agreement. Signatures for this agreement are being obtained by the signing of counterparts. Each contractor will sign signature block #2 and return this page to Jenny Kurz, Office of the Secretary of State, 60 Empire Drive, Suite 100, Saint Paul MN 55103-2141. 1. STATE ENCUMBRANCE VERIFICATION3. STATE AGENCY Individual certifies that funds have been Encumbered as required by Minn. Stat § 16A.15 And 16C.05. By: ____________________________ (with delegated authority) Title: Signed: ___________________________________ _____________________________ Date: _____________________________________ Date: ______________________________ MAPS PO.34424372 ________________________ 4. COMMISSIONER OF ADMINISTRATION 2. GOVERNMENTAL UNIT By: ___________________________ By: ______________________________________ Date: _________________________ Title: _____________________________________ Date: _____________________________________ By: _______________________________________ Title: _____________________________________ Date: ___________________________________ Distribution: Agency Governmental Unit State?s Authorized Representative ? November 10, 2008 8 City Council Meeting Minutes Photo Copy Joint Powers Agreement (Rev. 6.03) Seconded by Councilmember Rossbach. Ayes ? All The motion passed. M. CONSENT AGENDA 1. Acting Mayor Hjelle moved to approve items 1, 3, 4, and 5. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 2. Councilmember Juenemann moved to approve item 2. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. 1. Temporary Gambling Permit ? No Time for Poverty Acting Mayor Hjelle moved to approve the Temporary Gambling Permit Resolution for No Time for Poverty, 1865 Old Hudson Road. RESOLUTION 08-11-167 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for No Time for Poverty, 1865 Old Hudson Road, Maplewood. 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. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 2. Legacy Village: Annual Conditional Use Permit Review for a Planned Unit Development a. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. b. Parks and Community Development Director, DuWayne Konewko, answered questions of the council. Councilmember Juenemann moved to approve the Conditional Use Permit for a Planned Unit Development for Legacy Village and shall be reviewed again in one year. November 10, 2008 9 City Council Meeting Minutes Seconded by Councilmember Rossbach. Ayes ? All The motion passed. 3. Approval of Furnace Replacement at Fire Station No. 7 Acting Mayor Hjelle moved to approve the purchase and installation of a new Carrier five-ton roof mounted heat and a/c unit from Egan Mechanical for $17,800. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 4. Consider Approval of Amendment to Gladstone Neighborhood Livable Communities Grant Acting Mayor Hjelle moved to approve the Metropolitan Council LCA Grant Amendment and Extension document. Extending the end date of the city?s use of the monies from the Gladstone Neighborhood Redevelopment Area Grant from December 31, 2008, to December 31, 2009. Grant No. SG006-168 AMENDMENT AND EXTENSION OF METROPOLITAN LIVABLE COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGRAM GRANT AGREEMENT THIS AGREEMENT is made and entered into by the Metropolitan Council (?Council?) and the City of Maplewood (?Grantee?). WHEREAS, on March 16, 2007, the Council and the Grantee entered into a grant agreement identified as Council Grant No. SG006-168 under which the Council provided $1,800,000.00 in Demonstration Account grant program funds to the Grantee to support the Grantee?s Gladstone Neighborhood Redevelopment Project; and WHEREAS, pursuant to Paragraph 4.03 of Grant No. SG006-168 the End Date may be extended only once and the one-time extension may not exceed one year beyond the original End Date identified at Page 1 of the grant agreement; and WHEREAS, by letter dated October 6, 2008, the Grantee requested a one-year extension of the grant agreement to allow more time for the project to be completed; and WHEREAS, the parties mutually agree that the grant agreement should be continued and extended beyond its December 31, 2008, End Date so the grant funds can be used for their intended purposes. NOW, THEREFORE, pursuant to Paragraph 4.03 of Grant No. SG006-168 and in consideration of the promises and covenants contained in this agreement, the Council and the Grantee agree to amend and extend Grant No. SG006-168 as follows: The ?END DATE? identified at Page 1 of the Agreement and referenced in Paragraph Term 4.01,, is changed from December 31, 2008 to December 31, 2009. November 10, 2008 10 City Council Meeting Minutes Except for this modification, the provisions of Grant No. SG006-168 shall remain in force and effect without change and Grant No. SG006-168 shall be extended as provided in this agreement. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. METROPOLITAN COUNCIL Approved as to Form: ____________________________________ By: ______________________________ Associate General Counsel Guy Peterson, Director Community Development Division Date: ______________________________ CITY OF MAPLEWOOD By: ______________________________ Diana Longrie, Mayor Date: ______________________________ By: ______________________________ Chuck Ahl, Acting City Manager Date: ______________________________ Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 5. Resolution Approving Submittal of Safe Routes to School Grant Application (Stillwater Road) Acting Mayor Hjelle moved to approve the Resolution Approving Submittal of the Minnesota Safe Routes to School grant application for the corridor safety improvements to Stillwater Road (MN HWY 5) between Lakewood Drive and Century Avenue. RESOLUTION 08-11-168 CITY OF MAPLEWOOD SAFE ROUTES TO SCHOOL STILLWATER ROAD (MN HWY 5) BETWEEN LAKEWOOD DRIVE AND CENTURY AVENUE November 10, 2008 11 City Council Meeting Minutes WHEREAS, The Minnesota Department of Transportation has identified corridor improvements are needed, and WHEREAS, The Minnesota Department of Transportation has worked cooperatively with the City on moving forward with safety improvements to the corridor, and, WHEREAS, The City of Maplewood and the Minnesota Department of Transportation have identified the need to install a trail or sidewalk along the corridor to improvement safety and walk ability of the corridor, and WHEREAS, The City of Maplewood and the Minnesota Department of Transportation plan to enter into a cooperative agreement to accomplish the installation of the safety trail and other corridor improvements, and WHEREAS, The City of Maplewood will be submitting a request for funds to the Minnesota Department of Transportation for corridor improvements, and WHEREAS, The City of Maplewood is submitting the 2009 Safe Routes to School grant application requesting $175,000, to help pay for the needed infrastructure improvements to MN HWY 5 (Stillwater Road) corridor improvements, Now Therefore, BE IT RESOLVED, that the City Council of the City of Maplewood does hereby endorse the request for funding submitted to the Minnesota Safe Routes to School program, and, encourages the Minnesota Department of Transportation to act favorably on the request for funding. th Approved this 10 day of November 2008. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. N. AWARD OF BIDS None. (This item was moved to the end of the meeting in order for the business owners could be present to speak to the councilmembers.) K. 1. Completion of Alcohol and Tobacco Compliance Failures Marv Koppen, owner of Party Time Liquor, 1835 Larpenteur Avenue East, Maplewood, addressed the council. Councilmember Rossbach moved to approve imposing a $1,000 penalty to Marv Koppen, Party Time Liquor for alcohol failure in July 2006. Seconded by Councilmember Juenemann. Ayes ? All November 10, 2008 12 City Council Meeting Minutes The motion passed. Councilmember Juenemann moved to approve imposing a $500 penalty to Phillip Lu, Big Discount Liquor for alcohol failure in September 2006. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. O. VISITOR PRESENTATIONS ? PART II None. P. ADJOURNMENT Acting Mayor Hjelle adjourned the meeting at 8:37p.m. November 10, 2008 13 City Council Meeting Minutes