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HomeMy WebLinkAbout11-08-2010 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,November 8, 2010 Council Chambers, City Hall Meeting No.23-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:06p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent Marvin Koppen, CouncilmemberPresent James Llanas, CouncilmemberPresent John Nephew, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to the agenda by the council. N1.St. Jerome’s Third Graders –Councilmember Juenemann N2.Citizen’s Forum –CouncilmemberKoppen Councilmember Nephewmoved to approve the agendaas amended. Seconded by Councilmember Koppen.Ayes –All The motion passed. Friendly amendment to add N3. Reminder of the November 15, 2010, council workshop meeting. The amendment was approved by Councilmembers Nephew and Koppen. E.APPROVAL OF MINUTES 1.Approval of October 25, 2010,City Council Workshop Minutes Councilmember Juenemannmoved toapprove the October 25, 2010, City Council Workshop Minutes as submitted. Seconded by CouncilmemberLlanas.Ayes –Mayor Rossbach, Councilmembers Juenemann, Koppen and Llanas, Abstention–Councilmember Nephew The motion passed. November 8, 2010 1 City Council MeetingMinutes 2.Approval of October 25, 2010, City Council Meeting Minutes Councilmember Nephewmoved toapprove the October 25, 2010, City Council Meeting Minutes as submitted. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Swearing In Ceremony for New Firefighter Alex Onsomu a.Maplewood Fire Chief, Steve Lukin introduced firefighter, Alex Onsomu. b.City Clerk, Director Citizen Services, Karen Guilfoile administered the Oath of Office to Alex Onsomu. 2.Appointments to Human Rights Commission a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report. Councilmember Juenemann moved to approve the appointments tothe Human Rights Commission. RESOLUTION10-11-484 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have submitted applications and have interviewed with the Maplewood City Council, to serve on the Maplewood Area Human RightsCommission: - William Joanis with aterm to expire on May 1, 2014 - Lauri Simon with aterm to expire on May 1, 2014 - Jon Brandt with aterm to expire on May 1, 2014 - Jeffrey Kringle with aterm to expire on May 1, 2013 - Charlotte Winnen with aterm to expire on May 1, 2013 - Arianne Maxwell with aterm to expire on May 1, 2012 - Marie Ridgewaywith aterm to expire on May 1, 2012 Seconded by Councilmember Koppen.Ayes –Mayor Rossbach, Councilmembers Juenemann, Koppen and Llanas, Abstention–Councilmember Nephew The motion passed. G.CONSENT AGENDA November 8, 2010 2 City Council MeetingMinutes 1.Councilmember Juenemannmoved to approve items1-7. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 1.Approval of Claims CouncilmemberJuenemannmoved Approval of Claims. ACCOUNTS PAYABLE: $ 1,123,051.34Checks #82571thru #82674 Dated 10/26/10 thru 11/2/10 $ 144,812.45Disbursements via debits to checking account Dated 10/25/10thru 10/29/10 $320,837.04Disbursements via debits to checking account Dated 10/18/10 thru 10/22/10 __________________ $ 1,588,700.83Total Accounts Payable PAYROLL $505,766.10Payroll Checks and Direct Deposits dated 10/29/10 $ 685.00Payroll Deduction check #1009591 Dated 10/29/10 ___________________ $506,451.10Total Payroll GRAND TOTAL $ 2,095,151.93 Seconded by Councilmember Nephew.Ayes –All The motion passed. 2.Approve Resolution Ordering Assessment Hearing on November 22, 2010, for Markham Pond Retaining Wall, Project 05-18 Councilmember Juenemannmoved toapprove the resolution ordering the assessment hearing on November 22, 2010, for Markham Pond Retaining Wall, City Project 05-18. RESOLUTION 10-11-485 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Markham Pond Retaining Wall, City Project 05-18, andthe said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: November 8, 2010 3 City Council MeetingMinutes 1.A hearing shall be held on the 22ndday of November2010, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3.The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. th Approved this 8day of November, 2010. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 3.Approval of Lawful Gambling License for Merrick Inc. at The Dog House Bar & Grill CouncilmemberJuenemannmoved toapprove the lawful gambling license for Merrick Inc. at The Dog House Bar & Grill. RESOLUTION 10-11-483 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Merrick Inc. to operate at The Dog House Bar & Grill, located at 2029 Woodlynn Avenue E., Maplewood, Minnesota. 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 license 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.Consider Approval of 2011 SCORE Funding Grant Application Councilmember Juenemannmoved toapprove the 2011 SCORE Funding Grant application in the amount of $77,638. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 5.Transfer MnDOT State Aid from Project Funds to Debt Service November 8, 2010 4 City Council MeetingMinutes CouncilmemberJuenemannmoved toapprove the transfers for project numbers 06-16 Desoto Skillman, 07-01 Brookview and 07-14 Ferndale/Geranium and authorize the Finance Manager to make the appropriate budget adjustments. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 6.Approve Park Naming of Legacy Tot Lot CouncilmemberJuenemann moved toapprove changing the name of the Legacy Tot Lot to Legacy Pines Park. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 7.Approval of Budget Adjustments and Transfer for the 2009 and 2010 Taste of Maplewood Councilmember Juenemannmoved toapprove (1) a transfer of $65,130.01 from the General Fund to the Taste of Maplewood Fundfor the event for 209 and 2010, and (2) to make the appropriate budget changes. Seconded by CouncilmemberNephew.Ayes –All The motion passed. H.PUBLIC HEARING None. I.UNFINISHED BUSINESS 1.Review of Recycling Contract Between the City of Maplewood and Tennis Sanitation, LLC a.Environmental Planner, Shann Finwall gave the report and answered questions of the council. 1.Willie Tennis, Tennis Sanitation addressed the council. 2.Greg Tennis,Tennis Sanitation addressed the council. Councilmember Koppenmoved toapprove the recycling contract between the City of Maplewood and Tennis Sanitation, LLC. This contract is for city-wide recycling collection from single and multiple family dwellings. The Contract period is three years, beginning January 1, 2011, through December 31, 2013. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 2.Domestic Partnership Ordinance (Second Reading) November 8, 2010 5 City Council MeetingMinutes a.City Attorney, Alan Kantrud gave a brief update and answered questions of the council. Councilmember Juenemannmoved toapprove the (second reading)of the Domestic Partnership Ordinance. ORDINANCE NO. 909 2010 AN ORDINANCE AMENDING THE MAPLEWOODCITY CODE CONCERNING DOMESTIC PARTNERS THE CITY OF MAPLEWOODORDAINS: Section 1. Chapter xof the MaplewoodCity Code is amended by adding Section ___to provide as follows: xx.01 Purpose. The City of Maplewoodauthorizes and establishes a voluntary program of registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who reside or work in Maplewoodand who share a life and home together may document their relationship. Maplewood’s Domestic Partnership Ordinance is a City Ordinance and does not create rights, privileges, or responsibilities that are available to married couplesunder state or federal law. DISCLAIMER: The City of Maplewood cannot provide legal advice concerning domestic partnerships. Applicants and registrants may wish to consult with an attorney for such advice including but not limited to: wills, medical matters, finances and powers of attorney (including durable powers of attorney and health care directives), children and dependents, medical, health care and employment benefits. xx.02 Definitions. The following words and phrases used in this Ordinancehave the meanings given in this Section. Domestic Partners. Any two adults who meet all the following: 1. Are not related by blood closerthan permitted under marriage laws of the state. 2. Are not married. 3. Are competent to enter into a contract. 4. Are jointly responsible to each other for the necessities of life. 5. Are committed to one another to the same extent as married persons are to each other. 6. Do not have any other domestic partner(s). 7. Are both at least 18 years of age. 8. At least one of whom resides in Maplewoodor is employed in Maplewood. Domestic Partnership. The term “domestic partnership” shall include,upon production of valid, government-issued documentation, in addition to domestic partnerships registered with the City of Maplewood, and regardless of whether partners in either circumstancehave sought further registration with the City of Maplewood: A. Any persons who have a currently-registered domestic partnership with a governmental body pursuant to state, local or other law authorizing such registration. The term domestic partnership shall be construed liberally to include unions, regardless of title, in which two individuals are committed to one anotherand wish to have their relationship memorialized. B. Marriages that would be legally recognized as a contract of lawful marriage in another local, state or foreign jurisdiction, but for the operation of Minnesota law, e.g., same-sex marriages in States that recognize and/or authorize them by law. November 8, 2010 6 City Council MeetingMinutes xx.03 Registration of Domestic Partnerships. A. The City Clerk shall accept an application in a form provided by the City to register domestic partners who state in such application that they meet the definition of domestic partners. B. The City Clerk shall charge an application fee for the registration of domestic partners and shall charge a fee for providing certified copies of registrations, amendments, or notices of termination. The fees required by this Section shall be established by the City Council by Resolution and reviewed from time to time as required. C. Upon payment of the application fee and receipt of the application, the City Clerk shallcheck the same for completeness andprovide each domestic partner with a registration certificate. The registration certificate shall not be issued prior to the third working day after the date of the application. D. This application and certificate may be used as evidence of the existence of a domestic partner relationship. E. The City Clerk shall keep a record of all registrations of domestic partnership, amendments to registrations and notices of termination. The records shall be maintained so that amendments and notices of termination are filed with the registration of domestic partnership to which they pertain. F. The application and amendments thereto, the registration certificate, and termination notices shall constitute government data and will be subject to disclosure pursuant to the terms of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. xx.04 Amendments . The City Clerk may accept amendments for filing from persons who have domestic partnership registrations on file, except amendments attempting to replace one of the registered partners with another individual. xx.05 Termination of Domestic Partnership. Domestic partnership registration terminates when the earliest of the following occurs: 1.One of the partners dies; or 2.Forty-five days after one partner: a)sends the other partner written notice, on a form provided by the City, that they areterminating the partnership;andb) files the notice of termination and an affidavit of service of the notice on the other partner with the City Clerk. Section 2. Chapter xxof the MaplewoodCity Code is amended by adding Section xxto provide as follows: xx.01 Homestead designation. Eligibility for the designation of property as a homestead, the application process and the verification process are set forth in State Statutes. In administering the state homestead statutes the City will not impose any additional requirements on domestic partners. xx.02 Fees . If the City offers a “family fee,”family membership or family registrationrate for memberships, tickets or other offerings, domestic partners are entitled to the same family fee, family membership or family registration. Section 3. Section xx of the Maplewood Personnel Policiesis amended to provide as follows: November 8, 2010 7 City Council MeetingMinutes Purpose. Subd. 3 Sick leave with pay may be granted to employees entitled thereto when the employee is unable to perform scheduled work duties due to illness/disability, the necessity for medical, dental or chiropractic care, childbirth or pregnancy disability, exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties. Sick leave with pay may also be granted for a variety of other family and medical circumstances. The amount and conditions under which sick leave with pay may be used for such circumstances is provided in the family and medical leave policy adopted pursuant to Subsection xxxof this Code. Sick leave with pay may be granted for a maximum of five scheduled work days in the event of the death of an employee's spouse,domestic partner,father, mother or child, spouse's father, mother or child;or domestic partner’s father, mother or childand a maximum of three days in the event of the death of an employee's grandparent, grandchild, brother or sister. Section 4. This ordinance is effective upon passage and publication. Seconded by CouncilmemberNephew.Ayes –Mayor Rossbach, Councilmembers Juenemann, Llanasand Nephew Nay –Councilmember Koppen The motion passed. J.NEW BUSINESS 1.Consider Approval of Financing Plan and Exclusive Contract for Solar Panel Installation at Maplewood Community Center a.City Manager, James Antonengave the report and answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. Michael Krause,Grant Writer, Kandiyohi, addressed and answered questions of the council. Councilmember Nephew moved to direct staff to review and finalize the necessary agreements and bring them back to the council for approval regarding the solar panel installation at the Maplewood Community Center. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 2.Approve Resolution Adopting 2011 Assessment Rates, Public Works Permit Fees, and Park Availability Charges a.City Engineer, Deputy Public Works Director, Michael Thompson gavea brief report and answered questions of the council. CouncilmemberJuenemannmoved toapprove the resolution adopting 2011 assessment rates, public works permit fees and park availability charges. RESOLUTION 10-11-486 ADOPTION OF THE 2011 ASSESSMENT RATES, PUBLIC WORKS PERMIT FEES, AND PARK AVAILABILITY CHARGES WHEREAS, the City of Maplewood has established assessment rates, permit fees, and park availability charges, and November 8, 2010 8 City Council MeetingMinutes WHEREAS, city staff has reviewed the assessment rates, permit fees, and park availability charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The proposedassessment and improvement rates shall become effective beginning January 1,2011. 2.The updated public works fees are approved for all related permit applications received on or after January 1, 2011. 3.The updated park availability chargeshall become effective beginning January 1,2011. 4.The rates shown will be reviewed by staff on an annual basis with recommendations for revision brought to the city council for consideration. Seconded by CouncilmemberAyes –All The motion passed. K.VISITOR PRESENTATIONS 1.Dave Schelling, Maplewood.Mr. Schelling voiced his concern regarding the closed session workshop meetings and asked whythe residentsdon’t have an attorney to represent the “people” at the council meetings. Mr. Schelling also discussed things such as taxes,foreclosures and people losing their homes due tothe economy. 2.Bob Zick, North St. Paul, addressed the council.Mr. Zick discussed the budget for the th Taste of Maplewood,the cancellation of the fireworks on the 4of July,and the recent election process on November 2, 2010. L.AWARD OF BIDS 1.Award of Bid for Community Center Auxiliary Catering Intoxicating Liquor Licenses a.City Clerk, Director Citizen Services, Karen Guilfoile gave a brief report. 1.David Jenkins,Hospitality Catering Corporation, addressed the council. 2.Dan Nelson, Dan Good Catering, addressed the council. 3.Jim Pru, President,Gerald Incorporation, Jimmy’s Food and Drink, addressed the council. Councilmember Nephewmoved tocontract with the Hospitality Catering Corporation and Gerald, Inc.for the Auxiliary Cater Intoxicating Liquor License and BeverageService for the Maplewood Community Center Banquet Event Center for a three year duration beginning January 1, 2011, and running through December 31, 2013and set the fee for the liquor license at $2,500 for 2011. The fee will be reviewed for 2012 and 2013. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 2.Approval of Bid for Restoration at Beaver Creek Preserve a.Park and Recreation Director, DuWayne Konewko gave the report. November 8, 2010 9 City Council MeetingMinutes Councilmember Juenemannmoved toapprove the bid from Applied Ecological Services for $49,811 for natural resources restoration at Beaver Creek Neighborhood Preserve. And recommend staff apply for a RWMWD cost share grant forrestoration at Beaver Creek Preserve. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS St. Jerome’s third grade class 1.–Councilmember Juenemann Councilmember Juenemann thanked the third graders and staff from St. Jerome’s school that came to visit the Maplewood City Hall building for a tour. Thechildren were inquisitive, well behaved and a joy to have visit. Citizen’s Forum 2.–Councilmember Koppen Councilmember Koppen gavesome of the highlights of the Citizen’s Forum from Saturday, November 6, 2010. He stated a resident asked about a ballot board from the November 2, 2010, election. City Clerk, Karen Guilfoile described the ballot and election process. Councilmember Koppen stated a resident asked about leaf removal for those who don’t have a compost pile.He also asked if applications for the Maplewood Historical Society and the Friends of Maplewood areavailable on the city websitefor those who want to apply. Councilworkshop November 15, 2010 3.–Councilmember Nephew Councilmember Nephew reminded people of theworkshop November 15, 2010,at 5:15 p.m. for the council to discuss the Collection System Analysis Process. He statedthat public testimony will not be received at this meeting. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 9:14p.m. November 8, 2010 10 City Council MeetingMinutes