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Home My WebLink About11-09-2009Em C. Q E. MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, November 9, 2009 Council Chambers, City Hall Meeting No. 22-09 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:36 p.m. by Acting Mayor Juenemann. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember APPROVAL OF AGENDA Present at 8:40 p.m. Present until 8:50 p.m. Present Present Present Councilmember Nephew added H1. Special Election Councilmember Rossbach moved to approve the agenda as amended. Seconded by Councilmember Nephew. Ayes — All The motion passed. APPROVAL OF MINUTES Approval of October 26, 2009 Workshop Minutes Councilmember Rossbach moved to approve the October 26, 2009, City Council Workshop Minutes as submitted. Seconded by Councilmember Nephew. The motion passed. November 9, 2009 City Council Meeting Minutes Ayes — Acting Mayor Juenemann, Councilmembers Nephew & Rossbach Abstain — Councilmember Hjelle Approval of October 26, 2009 City Council Meeting Minutes Councilmember Hjelle had called corrections to the minutes into the city clerk. Councilmember Rossbach moved to approve the October 26, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Nephew. Ayes — All The motion passed. F. VISITOR PRESENTATIONS — PART I 1. Bob Zick, 2515 White Bear Avenue, Maplewood. Discussed the upcoming changes with the election of Councilmember Rossbach as Mayor and changes at the city in 2010. He also spoke regarding the write in votes in the general election and how there should be more detailed information included in the minutes for the visitor presentations. 2. John Wykoff, 2345 Maryland Avenue East, Maplewood. He discussed changes that are going to occur when Councilmember Rossbach becomes Mayor in 2010. 3. Mark Bradley, 2164 Woodlynn Avenue, Maplewood. Spoke about Maplewood being at great risk. He expressed concern in 3M and in its commitment staying in Maplewood. Also Maplewood Mall being partially empty and his concern about the future of Maplewood and its tax base. 4. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten indicated that she had spoken during the last city council meeting she discussed Aldi's grocery store and that Aldi's withdrew their application to build in Maplewood. G. ADMINISTRATIVE PRESENTATIONS None. H. COUNCIL PRESENTATIONS 1. Special Election — Councilmember Nephew a. City Clerk, Citizen Services Director, Karen Guilfoile answered questions of the council regarding the procedural options of conducting a special election. APPOINTMENTS AND PRESENTATIONS None. J. PUBLIC HEARINGS 1. Consider Adoption Of The Revised Wetland Ordinance And Wetland Classification Map — First Reading a. Environmental Planner, Shann Finwall gave the presentation b. City Attorney, Alan Kantrud answered questions of the council. c. Deputy Public Works Director, City Engineer, Michael Thompson answered questions of the council. November 9, 2009 2 City Council Meeting Minutes K. L d. City Manager, James Antonen answered questions. Acting Mayor Juenemann asked if anyone wanted to address the council to come forward. 1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. 2. Mark Bradley, 2164 Woodlynn Avenue, Maplewood. 3. Ralph Sletten, 2747 Clarence Street North, Maplewood. 4. Dave Johnson, 2578 Lydia Avenue, Maplewood. 5. John Wykoff, 2345 Maryland Avenue East, Maplewood. 6. Linda Bryan, 1752 Gulden Place, Maplewood. 7. Bob Zick, 2515 White Bear Avenue, Maplewood. 8. Susie Winters, 1706 Barclay Street, Maplewood. Acting Mayor Juenemann closed the public hearing. Mayor Longrie arrived at the meeting as soon as the motion was made. Councilmember Rossbach moved to approve the first reading of the ordinance which revised the city's wetland regulations and adopts by reference the new wetland map. The motion included a request for staff to create language for the second reading of the ordinance which addresses reduced buffers for the implementation of best management practices. Seconded by Councilmember Nephew. The motion passed. Ayes — Councilmembers Hjelle Juenemann, Nephew & Rossbach Nom— Mayor Longrie, Councilmember Hjelle Mayor Longrie made a motion to public the second reading of the wetland ordinance in the December city newsletter, mail notices of the second reading to all property owners within 500 feet of a newly classified Manage A wetland and set the second reading for December 14, 2009. Seconded by Councilmember Hjelle. The motion passed. The council took a 10 -minute recess. UNFINISHED BUSINESS None. NEW BUSINESS Ayes — All 1. Approval Of The Resolution Canvassing The Results Of The November 3, 2009, General Election a. City Clerk, Citizens Services Director, Karen Guilfoile gave the report. Councilmember Nephew moved to approve the canvassing the results of the November 3, 2009 General Election. November 9, 2009 City Council Meeting Minutes 3 Seconded by Councilmember Juenemann. The motion passed. Ayes — All 2. Approval Of Resolution For Adoption And Sanitary Sewer Rates For 2010 a. Finance Director, Bob Mittet gave the report and answered questions of the council. Councilmember Nephew moved to approve the resolution authorizing the recycling and sanitary sewer rates for 2010. RESOLUTION 09-11-278 ADOPTION OF THE 2010 RECYCLING AND SANITARY SEWER RATES WHEREAS, the City of Maplewood has established recycling and sanitary sewer rates, and WHEREAS, city staff has reviewed the recycling and sanitary sewer rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated recycling and sanitary sewer rates shall become effective beginning January 1, 2010. 2. The updated recycling and sanitary sewer rates are approved for all related recycling and sanitary sewer services received on or after January 1, 2010. 3. The updated recycling and sanitary sewer rates shall become effective beginning January 1, 2010. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by Councilmember Juenemann. The motion passed. Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nom— Mayor Longrie 3. Approval Of Resolution For Adoption Of Ambulance Rates For 2010 a. Finance Director, Bob Mittet gave the report. b. Deputy Public Works Director, City Engineer, Michael Thompson answered questions of the council. c. Maplewood Fire Chief, Steve Lukin answered questions of the council. Councilmember Rossbach moved to approve the resolution approving the Ambulance Rates for 2010. RESOLUTION 09-11-279 ADOPTION OF THE 2010 AMBULANCE RATES WHEREAS, the City of Maplewood has established ambulance rates, and WHEREAS, city staff has reviewed the ambulance rates. November 9, 2009 4 City Council Meeting Minutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated ambulance rates shall become effective beginning January 1, 2010. 2. The updated ambulance rates are approved for all related ambulance runs received on or after January 1, 2010. 3. The updated ambulance rates shall become effective beginning January 1, 2010. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by Councilmember Nephew. Ayes — All The motion passed. 4. Approval Of Resolution For Adoption Of Electric Franchise Tax Rates For 2010 a. Finance Director, Bob Mittet gave the report. b. City Manager, James Antonen addressed the council. Councilmember Nephew moved to table the increase of the existing electric franchise fee for 2010. Seconded by Mayor Longrie. The motion to table passed. Ayes — All 5. Approval Of Resolution For Adoption Of Environmental Utility Fund Rates For 2010 a. Finance Director, Bob Mittet gave the report. Councilmember Nephew moved to approve the resolution adopting a 7% increase in rates for the Environmental Utility Fund. RESOLUTION 09-11-280 ADOPTION OF THE 2010 ENVIRONMENTAL UTILITY FUND RATES WHEREAS, the City of Maplewood has established Environmental Utility Fund rates, and WHEREAS, city staff has reviewed the Environmental Utility Fund rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated Environmental Utility Fund rates shall become effective beginning January 1, 2010. 2. The updated Environmental Utility Fund rates are approved for all related charges received on or after January 1, 2010. 3. The updated Environmental Utility Fund rates shall become effective beginning January 1, 2010. November 9, 2009 5 City Council Meeting Minutes 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by Councilmember Juenemann. The motion passed. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nom— Mayor Longrie 6.Approval Of Authorization To Pay Additional Charges To Auditor a. Finance Director, Bob Mittet gave the report. Councilmember Juenemann moved to approve the payment of $20,000 to HLB Tautges Redpath, LTD. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 7. Consider Authorizing Consultant Contract For Review And Evaluation Of Water Utility Capital And Operating Expenses a. Deputy Public Works Director, City Engineer, Michael Thompson gave the report and answered questions of the council. b. City Manager, James Antonen addressed and answered questions of the council. Mayor Longrie asked if anyone wanted to address the council regarding this item. 1. Ralph Sletten, 2747 Clarence Street North, Maplewood. Councilmember Nephew moved to table this item in order for staff to get additional information and bring this back to the council for review. Seconded by Mayor Longrie. The motion to table passed. Ayes — All 8. Consider An Amendment And Extension Of The Eureka Recycling Contract a. Environmental Planner, Shann Finwall introduced the item. b. Recycling Coordinator, Bill Priefer addressed the council. c. Co -President Eureka Recycling, Tim Brownell, addressed the council. d. Commissionmember, Environmental & Natural Resources Commission, Dale Trippler addressed the council. e. Owner, Tennis Recycling, Willie Tennis addressed the council. f. City Manager, James Antonen answered questions of the council. g. City Attorney, Alan Kantrud answered questions of the council. Councilmember Rossbach moved to approve option two. November 9, 2009 6 City Council Meeting Minutes Seconded by Mayor Longrie. The motion passed. Ayes — Mayor Longrie, Councilmembers Nephew & Rossbach Nay — Councilmember Juenemann Councilmember Nephew moved to extend curfew to complete the agenda. Seconded by Councilmember Rossbach. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nay — Mayor Longrie The motion passed. M. CONSENT AGENDA 1. Councilmember Juenemann moved to approve items 1, 3, 4 and 5 Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Councilmember Juenemann moved to approve item 2. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 1. Approval of Claims Councilmember Juenemann moved Approval of Claims. ACCOUNTS PAYABLE: $ 1,072,742.17 Checks # 79624 thru # 79707 Dated 10/19/09 thru 10/27/09 $ 311,933.87 Disbursements via debits to checking account Dated 10/16/09 thru 10/23/09 $ 460,583.96 Checks # 79708 thru # 79769 Dated 10/26/09 thru 11/03/09 $ 119,022.72 Disbursements via debits to checking account Dated 10/23/09 thru 10/30/09 $ Total Accounts Payable 1,964,282.72 November 9, 2009 7 City Council Meeting Minutes PAYROLL $ 485,529.04 Payroll Checks and Direct Deposits dated 10/30/09 $ 560.00 Payroll Deduction check #1008008 dated 10/30/09 $ 486,089.04 Total Payroll $ 2,450,371.76 GRAND TOTAL Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Resolution Accepting Donation To The Police Department From Residential Mortgage Group a. Maplewood Police Chief, Dave Thomalla gave the report. Councilmember Juenemann moved to approve the resolution accepting the $100 donation from RMG to the police department. RESOLUTION 09-11-281 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, Residential Mortgage Group (RMG) wishes to grant the City of Maplewood the following: $100, and; WHEREAS, Residential Mortgage Group has instructed that the City will be required to use the aforementioned for: use by the Police Department to directly improve the community where the donator will be living, and; WHEREAS, the City of Maplewood has agreed to use the subject 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, BE IT 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 November 9, 2009. Signed: Signed: Witnessed: (Signature) (Signature) (Signature) November 9, 2009 8 City Council Meeting Minutes Mayor Chief of Police City Clerk (Title) (Title) (Title) ( Date) ( Date) ( Date) Seconded by Councilmember Rossbach. Ayes — All The motion passed. 3. Kohlman Lane Area Street Improvements — City Project 07-21, Resolution Approving Final Payment And Acceptance Of Project a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report. Councilmember Juenemann moved to approve the resolution for the Kohlman Lane Area Street Improvements, City Project 07-21 Approving final payment and acceptance of Project. RESOLUTION 09-11-282 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 07-21 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-21, the Kohlman Lane Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Kohlman Lane Area Street Improvements, City Project 07-21, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 07-21 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $1,772,773.11. Final payment to C.W. Houle, Incorporated, and the release of any retainage or escrow is hereby authorized. Approved this 9th day of November 2009. Seconded by Councilmember Nephew. Ayes — All The motion passed. 4. Stillwater Road/TH 5 Street, Sidewalk, and Drainage Improvements, City Project 09-04, Resolution Approving Plans And Authorize Advertising For Bids a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report. Councilmember Juenemann moved to approve the resolution for the Stillwater Road/TH 5 Street, Sidewalk, and Drainage improvements, Project 09-04: Approving Plans and Authorize Advertising for Bids and adjust the project budget. RESOLUTION 09-11-283 APPROVING PLANS ADVERTISING FOR BIDS November 9, 2009 9 City Council Meeting Minutes WHEREAS, pursuant to resolution passed by the city council on July 27th, 2009, plans and specifications for Stillwater Road/TH 5 Street, Sidewalk, and Drainage Improvements, City Project 09-04 (SP 138-010-07, SP 6230-28, Federal Project Number ESTEA10ES(004)) have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk, contingent upon receipt of federal authorization of funds, shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published three times, at least thirty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 18th day of December, 2009, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of January 25th, 2010. 4. The finance director is directed to adjust the project budget as provided below: Financing Source Amount Federal Stimulus ARRA Funds $ 800,000 Mn/DOT Funds (Mill and Overlay) $ 856,000 City of Maplewood MSA - Bonds $ 508,700 City of Maplewood Environmental Utility Fund $ 335,300 Total $ 2,500,000 Seconded by Councilmember Nephew. Ayes — All The motion passed. 5. Approval Of Annual Maplewood Historical Society Payment a. Finance Director, Bob Mittet Councilmember Juenemann moved to approve the $2,000 payment to the Maplewood Historical Society for 2009. Seconded by Councilmember Nephew. Ayes — All The motion passed. N. AWARD OF BIDS None. November 9, 2009 10 City Council Meeting Minutes O. VISITOR PRESENTATIONS — PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:16 p.m. November 9, 2009 11 City Council Meeting Minutes