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Home My WebLink About10-25-2010 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,October 25, 2010 Council Chambers, City Hall Meeting No.22-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:05p.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 councilmembers: N1.District 622 Partnership–CouncilmemberLlanas N2.Historic Preservation Commission–Mayor Rossbach Councilmember Nephewmoved to approve the agenda as amended. Seconded by Councilmember Koppen.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of October 4, 2010, Special City Council Meeting Minutes Councilmember Nephewmoved to approve the October 4, 2010, Special City Council Meeting Minutes as submitted. Seconded by Councilmember Koppen.Ayes –All The motion passed. 2.Approval of October 11, 2010, City Council Workshop Minutes October 25, 2010 1 City Council MeetingMinutes Councilmember Juenemannmoved to approve the October 11, 2010, City Council Workshop Minutesas submitted. Seconded by Councilmember Koppen.Ayes –All The motion passed. 3.Approval of October 11, 2010, City Council Meeting Minutes Councilmember Juenemann had a correction to page 2, the Consent Agenda should say approve items 1-3. CouncilmemberNephewmoved to approve the October 11, 2010, City Council Meeting Minutes as amended. Seconded by Councilmember Juenemann.Ayes –All The motion passed. F.APPOINTMENTS AND PRESENTATIONS None. G.CONSENT AGENDA 1.CouncilmemberJuenemannmoved to approve items1-8 and 10-14. Seconded by Mayor Rossbach.Ayes –All The motion passed. 2.Councilmember Juenemannmoved to approve item9. Seconded by CouncilmemberNephew.Ayes –Mayor Rossbach, Councilmembers Juenemann, Koppen and Nephew Abstention –Councilmember Llanas The motion passed. 1.Approval of Claims CouncilmemberJuenemann moved Approval of Claims. ACCOUNTS PAYABLE: $186,736.27Checks #82431thru #82504 Dated 10/01/10 thru 10/12/10 $ 352,160.53Disbursements via debits to checking account Dated 10/04/10 thru 10/08/10 October 25, 2010 2 City Council MeetingMinutes $ 1,202,717.26Checks #82505 thru #82570 Dated 10/15/10 thru 10/19/10 $ 150,961.16Disbursements via debits to checking account Dated 10/12/10 thru 10/15/10 __________________ $ 1,892,575.22Total Accounts Payable PAYROLL $567,330.85Payroll Checks and Direct Deposits dated 10/15/10 $ 2,392.75Payroll Deduction check #1009543thru #1009545 Dated 10/15/10 ___________________ $569,723.58Total Payroll GRAND TOTAL $ 2,462,298.80 Seconded by Mayor Rossbach.Ayes –All The motion passed. 2.Approval of Resolution for Marv Koppen Councilmember Juenemannmoved toapprove the resolution of appreciation for Marv Koppen. RESOLUTION OF APPRECIATION10-10-476 WHEREAS, Marv Koppen has been a member of the Maplewood Business and Economic Development Commission for six months, since March 1, 2010, until August 10, 2010, and has served faithfully in that capacity; and WHEREAS, the Business and Economic Development Commission has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Koppen has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Koppen has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Marv Koppen is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on October 25, 2010 ____________________________________ Will Rossbach, Mayor October 25, 2010 3 City Council MeetingMinutes Passed by the Maplewood Business and Economic Development Commission on October 5, 2010 ____________________________________ Mark Jenkins, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Seconded by Mayor Rossbach.Ayes –All The motion passed. 3.Approval of Resolution of Appreciation for David Sherrill CouncilmemberJuenemannmoved toapprove the resolution of appreciation for David Sherrill. RESOLUTION OF APPRECIATION 10-10-477 WHEREAS, David Sherrill has been a member of the Maplewood Business and Economic Development Commission for six months, since March 1, 2010, until August 2, 2010, and has served faithfully in that capacity; and WHEREAS, the Business and Economic Development Commission has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Sherrill has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Sherrill has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that David Sherrill is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on October 25, 2010 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Business and Economic Development Commission on October 5, 2010 ____________________________________ Mark Jenkins, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk October 25, 2010 4 City Council MeetingMinutes Seconded by Mayor Rossbach.Ayes –All The motion passed. 4.Approval of Resolution of Appreciation for Laurie Van Dalen Councilmember Juenemann moved toapprove the resolution of appreciation for Laurie Van Dalen. RESOLUTION OF APPRECIATION10-10-478 WHEREAS, Laurie Van Dalen has been a member of the Maplewood Business and Economic Development Commission for six months, since March 1, 2010, until August 31, 2010, and has served faithfully in that capacity; and WHEREAS, the Business and Economic Development Commission has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Van Dalen has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Van Dalen has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Laurie Van Dalen is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on October 25, 2010 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Business and Economic Development Commission on October 5, 2010 ____________________________________ Mark Jenkins, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Seconded by Mayor Rossbach.Ayes –All The motion passed. 5.Approval of Cancellation of the December 27, 2010, City Council Meeting October 25, 2010 5 City Council MeetingMinutes CouncilmemberJuenemannmoved toapprove the cancellation of the December 27, 2010, City Council meeting. Seconded by Mayor Rossbach.Ayes –All The motion passed. 6.Approval of Rates for Police andFire Services Provided to the City of Landfall for 2011 Councilmember Juenemannmoved toapprove the rates for police and fire services provided to the City of Landfall for 2011. Seconded by Mayor Rossbach.Ayes –All The motion passed. 7.Approval of Closure of Public Safety Communication System Fund CouncilmemberJuenemannmoved approval (1) a transfer of $40,516.83 from the fund to the General Fund to reverse a transfer made in 2006, (2) a transfer of $83,277.05 from the fund to the 2006B Equipment Certificate Fund to close the fund, and (3) the appropriate budget changes for the closure of public safety communication system fund. Seconded by Mayor Rossbach.Ayes –All The motion passed. 8.Approval of Annual Maplewood Historical Society Payment Councilmember Juenemannmoved toapprove the annual $2,000 payment to the Maplewood Historical Society for 2010. Seconded byMayor Rossbach.Ayes –All The motion passed. 9.Approval of Authorization to Enter Into Rental Agreement with Toshiba Business Solutions CouncilmemberJuenemann moved approval of authorization to enter into a rental agreement with Toshiba BusinessSolutions. Seconded by CouncilmemberNephew.Ayes –Mayor Rossbach, Councilmember Juenemann, Koppen and Nephew Abstention –Councilmember Llanas The motion passed. 10.Approval of Authorization to Enter Into Agreement with Ramsey County for the Construction and Maintenance of a Storm Water Outlet Structure on Keller Golf Course, Hills and Dales Area Street Improvements, Project 09-15 October 25, 2010 6 City Council MeetingMinutes Councilmember Juenemann moved approval of authorization to enter into agreement with Ramsey County for the construction and maintenanceof outfall pipe on Ramsey County property by authorizing the mayor and city manager to sign the agreement signifying approval. Minor modifications as approved by the city attorney are authorized as needed for the agreement. Seconded by Mayor Rossbach.Ayes –All The motion passed. 11.Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, Hills and Dales Area Street Improvements, Project 09-15 Councilmember Juenemannmoved toapprove the resolution directing modification of existing construction contract, change order no. 2, Hills and Dales Area Street Improvements, Project09- 15, RESOLUTION 10-10-479 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09-15, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-15, Hills and Dales 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 09-15, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 which is $48,637.45 The revised contract amount is $5,389,829.49. th Adopted by theMaplewood City Councilon this 25day of October2010. Seconded by Mayor Rossbach.Ayes –All The motion passed. 12.Approval of Resolution for Purchase of Geotechnical Evaluation Services, Western Hills Area Street Improvements, Project 10-14 Councilmember Juenemannmoved toapprove the resolution forpurchase of geotechnical evaluation services, Western Hills area street improvements, project 10-14. APPROVAL OF RESOLUTION 10-10-480 FOR PURCHASE OF GEOTECHNICAL EVALUATION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the quote from Chosen Valley Testing in the amount of $7,820.00 for the Western Hills Area Street Improvements (City Project 10-14) is the lowest responsible quote for geotechnical evaluation October 25, 2010 7 City Council MeetingMinutes testing services for the aforementioned public improvement project. The City Engineer is hereby authorized and directed to enter into a contract with said firm for and on behalf of the city. th Adopted by the council on this 25day of October, 2010. Seconded by Mayor Rossbach.Ayes –All The motion passed. 13.Approval of Repairs to Maplewood Community Center, York Air Conditioning Compressor CouncilmemberJuenemannmoved toapprove repairs to the Maplewood Community Center, York Air Conditioning Compressorto Trane for $14,441.91 from General Fund #602-614-000- 4430 for repair and maintenance of equipment. Seconded by Mayor Rossbach.Ayes –All The motion passed. 14.Approval of Authorization to Submit Environmentally Assistance Grant Application Councilmember Juenemannmoved approval of the resolutionauthorizing submittal of the grant application if high levels of PAH contamination are found in Wicklander’s Pond. RESOLUTION 10-10-481 AUTHORIZING SUBMITTAL OF ENVIRONMENAL ASSISTANCE GRANT (PAH CONTAMINANT: POND DREDGING) WHEREAS, the City Council ofMaplewood, Minnesota has heretofore has previously passed a resolution banning the use of coal-tar sealants within city limits; and WHEREAS, Ramsey-Washington Metro Watershed District is testing Wicklander’s Pond for contaminants, specifically for polycyclic aromatic hydrocarbons; and WHEREAS, the city council supports applying for the grant through the Minnesota Pollution Control Agency in order to secure funds through the environmental assistance grant program; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The staff shall submit the environmental assistance grant in an amount estimated to be $100,000 to manage PAH contamination within Wicklander’s Pond. Adopted by theMaplewood City Councilon this 25thday ofOctober2010. Seconded by Mayor Rossbach.Ayes –All The motion passed. H.PUBLIC HEARING October 25, 2010 8 City Council MeetingMinutes None. I.UNFINISHED BUSINESS 1.2011 Charitable Gambling Fund –Approval of Awards a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report. Councilmember Nephewmoved toapprove the proposed award amounts as presented in the staff report for the 2011 Charitable Gambling Fund in the amount of $25,000. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 2.Domestic PartnershipOrdinance –First Reading a.City Attorney, Alan Kantrud gave the report and answered questions of the council. Mayor Rossbach asked if anyone wanted to speak regarding this item. 1.Danny Porter, Maplewood, addressed the city council. 2.Teresa Manzella, Maplewood, addressed the city council. 3.Phil Duran, Legal Director, Outfront Minneapolis, addressed the city council. Councilmember Juenemannmoved toapprove the (First Reading) Domestic Partnership Ordinance. Seconded by CouncilmemberLlanas.Ayes –Mayor Rossbach, Councilmembers Juenemann, Llanasand Nephew Nay –Councilmember Koppen The motion passed. J.NEW BUSINESS 1.Rezoning of the Rear Portions of 931 and 1117 County Road C from F (farm residential) to R1 (single dwelling residential) a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. Councilmember Nephewmoved toapprove the rezoning resolution of the rear portions of 931 and 1117 County Road C from F (farm residential) to R1 (single dwelling residential). REZONING RESOLUTION10-10-482 WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from F (farm residential) to R1 (single dwelling residential) for the northerly portions of the single dwelling residential properties identified below; October 25, 2010 9 City Council MeetingMinutes WHEREAS ,this zoning map change applies to the properties located on the south side of Kohlman Lake. The property identification numbers identifying the affected properties are: 04-29-22-33-0006; 04-29-22-34-0010; 04-29-22-34-0009; 04-29-22-34-0008; 04-29-22-34-0007; 04-29-22-34-0006; 04-29-22-34-0005; 04-29-22-34-0004; 04-29-22-34-0003; 04-29-22-34-0002; 04-29-22-34-0011; 04-29-22-34-0012; 04-29-22-43-0009; 04-29-22-43-0008; 04-29-22-43-0007; 04-29-22-43-0006; 04-29-22-43-0012; 04-29-22-43-0011; 04-29-22-43-0004; 04-29-22-43-0003; WHEREAS ,this rezoning is proposed to eliminate the split zoning of these properties and for compatibility with the city’s comprehensive land use plan. WHEREAS , the history of this change is as follows: 1.OnOctober 5, 2010, theplanning commission held a public hearingto consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2.On October 25, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described change in the zoning mapfor the following reasons: 1.This proposed rezoning would removethe split zoning byreplacing the F, farm zoning classification with the R1, single dwelling zoning classification. 2.This change would comply with the comprehensive land use plan low density residential classification. 3.The proposed rezoning would meet the following five criteria for a zoning map revision as required by city ordinance: a.Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. b.Determine that the proposed change will not substantially injure or detract fromthe use of neighboring properties or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c. Determine that the proposed change will serve the bestinterests and conveniences of the community, where applicable, and the public welfare. d.Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, policeand fire protection and schools. e.Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. The Maplewood City Council approved this resolution on October 25, 2010. October 25, 2010 10 City Council MeetingMinutes Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 2.Consider Request for Park Funds for Open Space Improvements at Beaver Creek a.Natural Resources Coordinator, Ginny Gaynorgave the report. CouncilmemberJuenemannmoved toapprove $50,000 for open space improvements atthe Beaver Creek Neighborhood Preserve, to be funded by PAC fees. Ifthe full $50,000 is not used for improvements at Beaver Creek then the remaining funds go towards enhancements at the Priory Neighborhood Preserve. Seconded by CouncilmemberKoppen.Ayes–All The motion passed. 3.Call for a Special Work Session on November 15, 2010, for Discussion of Collection System Analysis a.Assistant City Manager, Public Works Director, Chuck Ahl gave the brief report. b.City Attorney, Alan Kantrud answered questions of the council. Mayor Rossbachmoved toapprove a special work session called for November 15, 2010, at 5:15 p.m. for the purpose to discuss the collection system analysis.The purpose of the workshop is to summarize the results of the October 4, 2010, Special City Council meeting, review options for proceeding with organized trash hauling, and discuss budgeting for moving forward. Seconded by CouncilmemberNephew.Ayes –All The motion passed. K.VISITOR PRESENTATIONS 1.Dave Schelling, Maplewood.Mr. Schelling made various comments regarding past council meetings. L.AWARD OF BIDS None. Councilmember Nephew moved to recommend N. Council Presentations be moved ahead ofM. Administrative Presentations due to the closed session portion of the council meeting for the 2011 Labor Negotiationsdiscussion. Seconded by Councilmember Koppen.Ayes –All The motion passed. M.ADMINISTRATIVE PRESENTATIONS(This item was heard out of order after N1 and N2) 1.Update on 2011 Labor Negotiations –Recommended Closed Session a.Human Relations Attorney, Chuck Bethel introduced the item. October 25, 2010 11 City Council MeetingMinutes Councilmember Nephew moved to closethe meeting according to State Statute 13D.03 in order to discuss progresson2011 Labor Negotiations. Seconded by Councilmember Koppen.Ayes –All The motion passed. Mayor Rossbach opened the closed sessionto adjourn the council meeting at 8:47 p.m. N.COUNCIL PRESENTATIONS(This item was heard out of order and moved before the closed session.) 1.District 622 Partnership–Councilmember Llanas Councilmember Llanas said District 622 is forming a partnership to put together a task force for the middle and high schools in the school districtin order to help the students in the community regarding how to handlebullyingthat occursin the schools. 2.Historic Preservation Commission–Mayor Rossbach Mayor Rossbach said Councilmember Llanas had been the council liaison for the Historic Preservation Commission but due to his schedule he has been unable to attend the HPC meetings. Councilmember Koppen offered to unofficially serve as thecouncilliaison on the Historic Preservation Commissionuntil the end of the year.An official vote of the city council assignments will be takenin early 2011. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 8:47p.m. October 25, 2010 12 City Council MeetingMinutes