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HomeMy WebLinkAbout02-14-2011 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,February 14, 2011 Council Chambers, City Hall Meeting No.03-11 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent Marvin Koppen, CouncilmemberPresent Absent James Llanas, Councilmember John Nephew, CouncilmemberPresent D.APPROVAL OF AGENDA Councilmember Juenemann added N1. Police Civil Service Commissioner. Councilmember Nephewmoved to approve the agenda as amended. Seconded by Councilmember Koppen.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of January 24, 2011, City Council Workshop Minutes Councilmember Juenemannmoved to approve the January 24, 2011,City Council Workshop Minutes as submitted. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 2.Approval of January24, 2011, City Council Meeting Minutes Councilmember Nephew had a correction to the minutes on page 19 of 299,item J. 2.the motion should say Tobacco violation rather than Liquorviolation for A1 Liquor. Councilmember Nephewmoved to approve the January 24, 2011, City Council Meeting Minutes as amended. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 3.Approval of February 7,2011, City Council Workshop Minutes February 14, 2011 1 City Council MeetingMinutes Councilmember Nephewmoved to approve February 7, 2011, City Council Workshop Minutes as submitted. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Four Life Safety Awards –No Report a.Maplewood Fire Chief, Steve Lukin read a letter from Sandy Doughetywho had gone into cardiac arrest.Ms. Doughetyexpressedher heartfelt thank you to the individuals that helped save her life. Chief Lukin presentedlife safety awards to Dianna Graves, Lori Fotsch, Christin Dickenson and Lori Stromgren. G.CONSENT AGENDA 1.CouncilmemberJuenemannmoved to approve itemsG1 –G21. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 1.Approval of Claims CouncilmemberJuenemannmoved Approval of Claims. ACCOUNTS PAYABLE: $109,793.14Checks #83436thru #83481 Dated 01/10/11 thru 01/18/11 $ 109,793.14Disbursements via debits to checking account Dated 01/10/11thru 01/14/11 $471,509.16Checks #83482thru #83536 Dated 01/18/11 thru 01/25/11 $ 166,090.29Disbursements via debits to checking account Dated 01/18/11thru 01/21/11 __________________ $ 744,365.29Total Accounts Payable PAYROLL $572,309.77Payroll Checks and Direct Deposits dated 01/21/11 $ 2,392.75Payroll Deduction check #1009863thru #1009865 Dated 01/21/11 ___________________ $574,702.52Total Payroll GRAND TOTAL $ 1,431,888.25 Seconded by Councilmember Nephew.Ayes –All The motion passed. February 14, 2011 2 City Council MeetingMinutes 2.Approval of Temporary Gambling Permit and Request for Temporary Permit Fees to be Waived –Carver School Councilmember Juenemannmoved toapprove the resolution for a temporary gambling permit and the fees be waived for a one-time event permit for $225.00 and for a temporary food sales permit for $55.00 for Carver Elementary School at 2680 Upper Afton Road. RESOLUTION 11-2-525 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Carver Elementary School, 2680 Upper Afton 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 CouncilmemberNephew.Ayes –All The motion passed. 3Approval of Temporary Gambling Permit for MDHA Capitol Sportsmen Chapter . Councilmember Juenemannmoved toapprove the temporary gambling permit resolution for MDHA Capitol Sportsmen Chapter, heldat Downtown LAV 52 Restaurant, 3030 Southlawn Drive, Maplewood, MN 55109. RESOLUTION 11-2-526 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for MDHA Capitol Sportsmen’s Chapter to be held at Downtown LAV 52 Restaurant, 3030 Southlawn Dr, Maplewood MN 55109. 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 CouncilmemberNephew.Ayes –All The motion passed. 4.Approval of Authorized Access to City Safe Deposit Boxes February 14, 2011 3 City Council MeetingMinutes Councilmember Juenemannmoved toapprove the resolution updating the employees authorized to access the city’s safe deposit boxes at Premier Bank. RESOLUTION 11-2-527 AUTHORIZATION CERTIFICATE SAFE DEPOSIT BOXES BE IT RESOLVED, by the City Council of the City of Maplewood, that until written notice to the contrary is given by this Corporation to the Safe Deposit Department of Premier Bank, access to Safe Deposit Boxes (herein called safes) standing in the name of this Corporation in the vaults of above named bank shall be had by the following: Chuck Ahl Asst. City Manager Gayle Bauman Finance Manager Steve Love Asst. City Engineer Karen Guilfoile City Clerk Any one (1) of whom shall have full authority to enter said safes and to make deposits therein or remove any part or all of the contents thereof, to lease safes and to execute leases thereof in the name of this Corporation,to amend or cancel said leases, to exchange or surrender the safes, and in all other respects to represent this Corporation. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 5.Approval of Transfers from Tax Increment Funds for 2010 CouncilmemberJuenemannmoved toapprove authorizing the appropriate 2010 budget adjustments and 2010 transfers totaling $375,270 from the Tax Increment Funds to the Debt Service Funds. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 6.Approval of Transfers for Unassessed Improvements for 2010 Councilmember Juenemannmoved toapprove the following: (1) a $130,140 transfer from the Sanitary Sewer Fund to the Debt Service Fund for the 2003B Sewer Revenue Bonds, (2) a February 14, 2011 4 City Council MeetingMinutes $54,260 transfer from the Sanitary Sewer Fund to the Debt Service Fund for the 2007B Improvement Bonds, (3) a $126,220 transfer from the Environmental Utility Fund to the Debt Service Fund for the 2007B Improvement Bonds, (4) a $48,430 transfer from the Environmental Utility Fund to the Debt Service Fund for the 2007A Improvement Bonds, (5) a $33,460 Transfer from the Water Availability Charge Fund –St. Paul Water District to the Debt Service Fund for the 2002B Improvement Refunding Bonds, and (6) the appropriate budget changes. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 7.Approval of Transfers to Fire Training Facility Fund for 2010 CouncilmemberJuenemannmoved toapprove the transfer of $15,000 from the Capital Improvement Projects Fund and$15,000 from the Environmental Utility Fund to the Fire Training Facility Fund and approve the appropriate budget changes. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 8.Approval of Transfers to Close Funds for Improvement Projects for 2010 Cou ncilmemberJuenemannmoved toapprove the following transfers to close the funds for improvement projects for 2010: (1)A transfer of $156,163.16 from fund 501 (08-10) to fund 503 (08-12), (2)A transfer of $81,874.59 from fund 549 (03-22) to fund533 (02-07), (3)A transfer of $11,714.77 from fund 572 (06-17) to fund 556 (02-13), (4)A transfer of $4,616.95 from fund 521 (01-15) to fund 553 (03-29), (5)A transfer of $1,777.22 from fund 521 (01-15) to fund 522 (01-16), (6)A transfer of $372,115.53 from fund 520 (01-14) to fund 546 (03-07), (7)A transfer of $155,196.16from fund 532 (02-08) to fund 546 (03-07), (8)A transfer of $115,604.66from fund 521 (01-15) to fund 546 (03-07), (9)A transfer of $235,120.44from fund 572 (06-17) to fund 546 (03-07), (10)A transfer of $62,270.26from fund 579 (07-14) to fund 546 (03-07), (11)A transfer of $40.000.00from fund 587 (07-25) to fund 546 (03-07), (12)A transfer of $111,055.75from fund 575 (07-01) to fund 573 (06-16), (13)A transfer of $199,609.49from fund 575 (07-01) to fund 356 (2007A), (14)Atransfer of $163,200.00from fund 601 (Sewer) to fund 505 (08-20), (15)A transfer of $80,000.00from fund 407 (St. Paul WAC) to fund 505 (08-20), (16)A transfer of $447,662.37from fund 587 (07-25) to fund 505 (08-20), (17)A transfer of $77,049.77from fund 588 (07-26) to fund 505 (08-20), (18)A transfer of $481,266.31from fund 588 (07-26) to fund 563 (04-21), (19)A transfer of $225,115.89from fund 582 (07-19) to fund 563 (04-21), (20)A transfer of $2,560.00from fund 584 (07-21) to fund 101 (General), (21)A transfer of $57,440.00from fund 584 (07-21) to fund 563 (04-21), (22)A transfer of $33,562.67from fund 581 (05-08) to fund 604 (EUF), (23)A transfer of $262,560.25from fund 604 (EUF) to fund 591 (05-18), (24)A transfer of $335,300.00from fund 604 (EUF) to fund 507 (09-04), (25)A transfer of$405,113.06from fund 504 (08-13) to fund 538 (02-21), (26)The appropriate budget changes. Seconded by CouncilmemberNephew.Ayes –All February 14, 2011 5 City Council MeetingMinutes The motion passed. 9.Approval of Resolution Accepting a Donation to the Fire Department from Residential Mortgage Group Councilmember Juenemannmoved toapprove the resolution accepting a $100 donation to the fire department from residential mortgage group. RESOLUTION 11-2-528 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Elyse Anderson and Joseph Takkunen wish to grant the city of Maplewood the following: $100.00, and; WHEREAS, Elyse Anderson and Joseph Takkunen have instructed that the City will be required to use the aforementioned for: use by the fire department to directly improve the community, and; WHEREAS, the city of Maplewood has agreed to use thesubject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BEIT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on February 14, 2011. Signed:Signed:Witnessed: _________________________________________________________________________ (Signature)(Signature)(Signature) MayorChief of Fire City Clerk_______________ (Title)(Title)(Title) _________________________________________________________________________ (Date)(Date)(Date) Seconded by CouncilmemberNephew.Ayes–All The motion passed. 10.Approval of Resolution Authorizing Part-Time Firefighters to Become Enrolled into Police and Fire PERA Councilmember Juenemann moved toapprove the resolution authorizing part-time firefighters to become enrolled into police and fire PERA. February 14, 2011 6 City Council MeetingMinutes RESOLUTION11-2-529 PERA FIREFIGHTER DECLARATION WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for a non-full-time firefighter provided the fire service position regularly engages the employee in the hazards of firefighting as an employee of the designated fire department. BE IT RESOLVED that the Maplewood Fire Department, of the City of Maplewood hereby declares that the position of casual part-time firefighter is, for primary services provided, that of a firefighter engaged in the hazards of firefighting. BE IT FURTHER RESOLVED that this governing body hereby requests that all casual part-time employees be accepted as members of the Public Employees Police and Fire Plan effective the date of the employee’s initial Police and Fire Plan salary deduction by the governmental subdivision. NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §353.63, that the Maplewood City Council approves the resolution. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on February 14, 2011. Signed:Signed:Witnessed: __________________________________________________________________________ (Signature)(Signature)(Signature) MayorChief of Fire City Clerk______________ (Title)(Title)(Title) _____________________________________________ _______________________ (Date)(Date)(Date) Seconded by CouncilmemberNephew.Ayes –All The motion passed. 11.Approval of Planning Commission 2010 Annual Report CouncilmemberJuenemannmoved toapprove the Planning Commission 2010 Annual Report. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 12.Approval of Planning Commission Annual Review of Rules of Procedure CouncilmemberJuenemannmoved toapprove the planning commission annual review of rules of procedure. Seconded by CouncilmemberNephew.Ayes –All February 14, 2011 7 City Council MeetingMinutes The motion passed. 13.Approval of Feed Products North –Conditional Use Permit Termination, 1300 McKnight Road North Councilmember Juenemannmoved toapprove the conditional use permit termination for Feed Products North, 1300 McKnight Road North due to the fact that the property owner did not obtain a building permit or begin construction of this office building within the allowed two-year timeframe required by ordinance. CONDITIONAL USE PERMIT TERMINATION RESOLUTION11-2-530 WHEREAS, John Fallin, owner of Feed Products North, received approval from the Maplewood City Council on January 26, 2009, for a conditional use permit allowing himto build a 5,800- square-foot, two-story office building for his business. Ordinance requires a CUP because the proposed office was within 350 feet of residential property. WHEREAS,Section 44-1099 of the city ordinances requires that, when a conditional use permit is granted, the applicant must begin construction within one year, however, the council may grant one one-year extension. WHEREAS, Mr.Fallin did not begin construction of this office building in the two-year timeframe required by ordinance and, thereby, this approval ended. WHEREAS, this permit applies to the property west of 1300 McKnight Road North. The legal description is: That part of the West Half of the Southwest Quarter of said Section 24, Township 29, Range 22, Ramsey County, Minnesota bounded as follows: On the North by a line drawn parallel with and distant 95 feet Southeasterly, as measured at right angles, from the center line of the main track of said railway company, as now located and established; on the West by the East line of the West66 feet of the Southwest Quarter of Said Section 24 to a point on the West line of said Section 24 which is distant 450 feet South of the Southerly line of the 100 foot right of way of said railway company, said Southerly line being a line drawn parallel with and 56 feet Southeasterly as measured at right angles, from the center line of the main track of said railway company as originally located and established, and on the East by the East line of the Northwest Quarter of the Southwest Quarter of Section 24; excepting therefrom that part that lies Northwesterly of a line drawn parallel with and distant 8.5 feet Southeasterly, as measured at right angles from the center line of the most Southerly side track I.C.C. No. 114 of said railway company, as now located and established all in the County of Ramsey, State of Minnesota. EXCEPT that part of said West Half of the Southwest Quarter of said Section 24, lying easterly of the centerline of the 99 foot wide road easement as described in document No. 2325930. NOW, THEREFORE, BE IT RESOLVED that the city council terminatesthe above-described conditional use permit because the applicant, John Fallin, has not started construction on a proposed office building west of 1300 McKnight RoadNorth within the allowed two-year timeframe required by ordinance. The Maplewood City Council adopted this resolution of termination on February 14, 2011. Seconded by CouncilmemberNephew.Ayes –All February 14, 2011 8 City Council MeetingMinutes The motion passed. 14.Approval of Goodrich Backstop CouncilmemberJuenemannmoved toapprove the Parks and Recreation Director to enter into a contract with Able Fence Company for the replacement of the backstop and sideline fences at Goodrich Park field #1. Furthermore, authorize payment for the project from the capital improvement fund for the sum of $17,400.00. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 15.Approval to Sign 2010 Byrne Justice Assistance Grant and Accept Funds Councilmember Juenemannmoved toapprove the 2010 Byrne Justice Assistance Grant and accept funds to be distributed under this grant in the amount of $14,876.10. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 16.Approval to Purchase Squad Cars Councilmember Juenemannmoved toapprove the purchase of six Ford Crown Victoria Police Interceptor Squad Cars at the state contract price for $22,383.64 each totaling $134,301.84. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 17.Approval to Purchase Cab for Jacobson Mower Councilmember Juenemannmoved toapprove a contract with TurfWerks for the purchase of the Jodale Perry ROPS cab unit under MN State Contract #444458 in the amount of $11,573.49. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 18.Consider Approval of 2011 Gas and Diesel Fuel Contracts Councilmember Juenemannmoved toapprove the 2011 gas and diesel fuel contracts with Yocum Oil. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 19.Approve Entering into Contract for Residential Sanitary Sewer Cleaning and Televising for 2011 Capital Improvement Projects Councilmember Juenemannmoved toapprove the city engineer to enter into a contract for services with Drain King for residential sanitary sewer cleaning and televising for 201 Capital Improvement Projects. February 14, 2011 9 City Council MeetingMinutes Seconded by CouncilmemberNephew.Ayes –All The motion passed. 20.Approval of 2010 Budget Carryovers Councilmember Juenemannmoved toapprove the 2010 budget carryovers in the amount of $115,740.00 Seconded byCouncilmemberNephew.Ayes –All The motion passed. 21.Approval of 2011 Master Group Contracts Between City of Maplewood and Medica Insurance Company CouncilmemberJuenemannmoved toapprove the master group contracts with Medical Insurance Company and the City of Maplewood for 2011. Seconded by CouncilmemberNephew.Ayes –All The motion passed. H.PUBLIC HEARING 1.Approval of First Reading of Park Hours Ordinance and Waive Second Reading a.Recreation Program Supervisor, Jim Taylorgave the report and answered questions of the council. Mayor Rossbach opened the public hearing. No one came forward to address the council for the public hearing. Mayor Rossbach closed the public hearing. (first reading) CouncilmemberJuenemannmoved to approve the of the park hours ordinance This ordinance amendment shall amendment to change park hours to 5:00 a.m. to 10:00 p.m. be printed in the next Maplewood Monthly and the second reading will come back to the council after feedback has been received from residents. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. I.UNFINISHED BUSINESS None. J.NEW BUSINESS 1.Notification of Additional Partner, Bleechers Bar & Grill –Patrick Anthony Conroy, Jr. a.City Clerk, Director Citizen Services, Karen Guilfoile gave abrief report. b.Patrick Anthony Conroy, Jr. from Bleechers Bar & Grill addressed the council. No action was necessary for this item. February 14, 2011 10 City Council MeetingMinutes 2.Approval of Phalen Keller Master Plan a.Recreation Program Supervisor, Jim Taylor gave a brief report and introduced speakers for the Phalen Keller Master Plan. b.City of St. Paul Landscape Architect, Bryan Murphy, gave a report regarding the Phalen Keller Master Plan and answered questions of the council. c.Ramsey County Parks and Recreation Director of Planning and Development, Scott Yonke addressed and answered questions of the council. d.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Juenemannmoved to approve the Phalen-Keller Regional Park Master Plan. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. K.VISITOR PRESENTATIONS None. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS 1.Police Civil Service Commissioner –Councilmember Juenemann Councilmember Juenemann shared her thoughts and condolences regarding the passing and loss of Police Civil Service Commissioner, Dr. Marlene Palkovich. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 7:53 p.m. February 14, 2011 11 City Council MeetingMinutes 40440d Ono 'i 77,1,7=77,7,r� 771r.-7-�-7= 71--W VIM Oft Wl!L, ,2� iSMIfM -..._i,:'li�• 'i 77,1,7=77,7,r� 771r.-7-�-7=