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HomeMy WebLinkAbout07-20-2009 Continuation of Meeting 7.13.09CONTINUATION OF THE JULY 13, 2009, CITY COUNCIL MEETING MONDAY, JULY 20, 2009, AT 5:00 P.M. IN COUNCIL CHAMBERS 1. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:03 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present K. UNFINISHED BUSINESS 1. Consider Resolution Approving Extension To Open Space Purchase Option Within Carver Crossing Development Contract (Tabled to July 27, 2009) 2. Resolution To Revise the 2009 Budget a. Reduce 2009 Revenue Estimates b. Reduce 2009 Expenditure Summary c. Revise 2009 Fund Transfers i. Finance Director, Bob Mittet gave the report and answered questions of the council. Councilmember Nephew moved to approve the resolution that adjusts the 2009 Budget by reducing the revenue estimates to $17,019,403 and expenditures to $17,205,726 and to authorize fund transfers in the aggregate total of a reduction of $22,525. RESOLUTION 09-07-218 AUTHORIZING A REVISION TO THE 2009 REDUCING REVENUE ESTIMATES REDUCING AUTHORIZED EXPENDITURES APPROVING FUND TRANSFERS WHEREAS, after a duly called Public Hearing held on December 8, 2008, the City Council adopted a resolution certifying taxes payable in 2009, and WHEREAS, after said Public Hearing the City Council adopted a resolution adopting the 2009 Budget, and WHEREAS, the City Manager has reported on anticipated shortfalls in revenue in 2009 and proposed a plan for a reduction in expenditures and a revision to fund transfers to accommodate a fund balance reserve in the General Fund that provides for adequate reserves for City operations. July 20, 2009 A Continuation of July 13, 2009 City Council Meeting Minutes NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEOOD, THAT: 1. That the Finance Director is hereby authorized to revise the 2009 Budget as follows: a. Revenue estimates shall be reduced in the appropriate funds as follow: i. Government Aids as MVHC: $524,877 ii. Property Tax Receipts: $264,000 iii. Interest of Investments: $150,000 iv. Building permit and plan review fees: $500,000 v. Passport/License Fees: $ 40,000 2. That the Finance Director is hereby authorized to revise the 2009 Budget as follows: a. Expenditures authorizations shall be reduced in the appropriate accounts as follows: i. Various accounts for fuel $102,957 ii. Various accounts for 5 personnel $248,186 iii. Transfers from Community Dev to Pub Wks $ 86,030 iv. Personnel costs in Police for delays $ 95,000 v. Personnel costs in Admin for City Mgr $ 28,440 vi. Personnel Costs in Admin for Sr. Asst. $ 9,760 vii. Personnel Costs in Finance for Intern $ 10,000 viii. Reduced transfer to MCC Account $ 79,780 ix. Reduced transfer to Rec Prog Fund $ 43,550 x. Various across the board expenditures $263,458 1. Citizen Services $ 17,861 2. Comm Development $ 24,168 3. Finance $ 9,962 4. Fire $ 27,365 5. Police $109,542 6. Public Works $ 58,006 7. Executive $ 14,983 8. Legislative $ 2,231 3. The Finance Director is hereby authorized to implement the following fund transfers: a. Transfers shall be revised as follows: i. From the Employee Benefit Fund to General Fund $480,000 ii. From the General Fund to the CIP Fund $ 0 iii. From the General Fund to the Fire Truck Replace Fund $ 99,640 iv. From the General Fund to the Debt Service Fund $421,125 Seconded by Councilmember Rossbach. Ayes — All The motion passed. L. NEW BUSINESS 3. Discussion On Administrative Citations — Councilmember Nephew a. Councilmember John Nephew reported. b. City Attorney, Alan Kantrud answered questions of the council. c. Maplewood Police Chief, Dave Thomalla answered questions of the council. This was a no action item. 4. Acceptance Of Comprehensive Annual Financial Report a. Finance Director, Bob Mittet gave the report. Councilmember Rossbach moved to approve the Comprehensive Annual Financial Report. July 20, 2009 A Continuation of July 13, 2009 2 City Council Meeting Minutes Seconded by Councilmember Juenemann. Ayes — All The motion passed. 5. Suspension Of The Maplewood Monthly Council Corner— Councilmember Nephew This was discussed at the meeting of July 13, 2009. a. Councilmember Nephew gave the report. b. City Attorney, Alan Kantrud answered questions of the council. 1. Anne Fosburgh, 2516 Idaho Avenue East, Maplewood. (spoke twice) (Ms. Fosburgh presented the city clerk with a petition) 2. Veronica Sletten, 2747 Clarence Street North, Maplewood. 3. Robert Martin, 2329 Londin Lane, Maplewood. 4. Joseph Waters, 2393 Hazelwood Street, Maplewood. 5. Mark Jenkins, 830 Century Boulevard, Maplewood. Mayor Longrie read aloud the article she wrote for the August Maplewood Monthly which was provided for the permanent record. Councilmember Rossbach moved to approve the resolution suspending the city council column in the August, September, October and November 2009 issues of Maplewood Monthly. Seconded by Councilmember Nephew. The vote was not called. Councilmember Rossbach moved to adjourn the meeting until July 20, 2009. Seconded by Councilmember Nephew. The motion passed to adjourn. July 20, 2009 The council discussed this item again. Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie The following statement was read aloud by Councilmember Nephew who wanted his statement noted for the permanent record which was submitted to the city clerk for the record both in written and electronic form. I hereby withdraw my second for the resolution in item L5 to suspend the Council Corner column. To explain my decision, I am submitting this statement for the record. I ask that this statement be included in the minutes in its entirety. I still support this resolution in principle. However, I can no longer vote for it in good conscience, because to do so would mean giving an even greater advantage to the person who manipulated the rules and her authority as chair for her own benefit, to prevent it from being passed a week ago. This episode makes clear to all observers the power that a mayor holds simply by being chair, even if she has a minority of support on the council. I believe that, by keeping last Monday's July 20, 2009 A Continuation of July 13, 2009 3 City Council Meeting Minutes meeting running long into the night, inhibiting its progress at every step, even going so far as to spend twenty minutes reading an extended version of the lengthy letter she wished to publish in the August newsletter, she purposely delayed a timely vote on this resolution. The result of the delay, as I am sure was intended, was that the August newsletter already has gone to press with her article included. To pass the resolution now would only serve to magnify her unfair advantage over others. As individuals, councilmembers may choose not to run columns as they are scheduled this fall, if they feel it is inappropriate. I believe both Will and Kathy indicated at our last meeting that they would voluntarily abstain from writing in the newsletter during their campaigns. They should be given the opportunity to make that choice and to receive credit for doing the right thing, just as the mayor made her choice to get her taxpayer -funded campaign message out by any means necessary. In the place of the original motion, I would like to offer a substitute motion to table this resolution until January 2010. At that time the council takes up its annual review of council policy and procedures. Long ahead of the next campaign, the new council can engage in a discussion about what is or is not appropriate use of the city newsletter during election season. Councilmember Rossbach withdrew his original motion of July 13, 2009, to approve the resolution suspending the city council column for the Maplewood Monthly. Councilmember Nephew moved to withdraw his second to the motion to suspend the motion of the Maplewood Monthly and revisit this item during the first meeting of January 2010. Seconded by Councilmember Rossbach. The motion passed. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle Mayor Longrie wanted her comments noted for the record. Mayor Longrie said for the record in looking at this agenda item at the last council meeting the total agenda item ran for 1 3/4 hour. Any citizen who wants to take a look at how much time each person and citizen spent talking on this comparing that to any other agenda item, and Mayor Longrie didn't think a person could clearly attribute the time into the night of the meeting to any particular agenda item that was on the agenda that evening. Mayor Longrie said Dr. Julie Binko asked to be recognized on this agenda item and requested to read her statement aloud. Dr. Julie Binko, 1949 Greenbrier Street, Maplewood. Dr. Binko stated that she spent five hours preparing a statement which she read aloud. Councilmember Nephew made a motion to call for the orders of the day, which is a procedural motion that asks that the council adhere to the agenda that has been approved and to proceed to item L6. These other matters can resolve themselves in the fullness of time between now and the future meeting. July 20, 2009 A Continuation of July 13, 2009 4 City Council Meeting Minutes Mayor Longrie recognized City Manager, Antonen to read aloud the rules of procedure. City Manager, James Antonen read aloud the rules of procedure. Mayor Longrie stated that Dr. Binko should work with City Manager Antonen to get her discussion item on the next city council agenda in order for her to continue to be heard. No second to the motion was needed. But Mayor Longrie called to question. All Councilmembers voted Aye. 6. Approval To Pay For Agent Commission For Insurance Policies a. Finance Director, Bob Mittet gave the report. Councilmember Rossbach moved to approve retaining Arthur J. Gallagher and Company as the insurance agent at a cost of $14,500.00. Seconded by Councilmember Juenemann. The motion passed. M. CONSENT AGENDA Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie & Councilmember Hjelle 1. Councilmember Hjelle moved to approve items 1, 3, 4, 6, & 7. Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Councilmember Hjelle moved to approve item 5. Seconded by Mayor Longrie. Ayes — All The motion passed. 3. Councilmember Juenemann moved to approve items 8, 9, & 10. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 1. Councilmember Hjelle moved Approval of Claims. ACCOUNTS PAYABLE: $ 135,005.81 Checks # 78682 thru # 78730 July 20, 2009 A Continuation of July 13, 2009 5 City Council Meeting Minutes PAYROLL $ 506,708.20 Payroll Checks and Direct Deposits dated 06/26/09 $ 2,483.34 Payroll Deduction check #1007352 thru #1007353 dated 06/26/09 $ 509,191.54 Total Payroll $ 2,136 641. 19 GRAND TOTAL Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Carsgrove Meadows Area Street Improvement, Project 08-10, Resolution Directing Modification Of Existing Construction Contract, Change Order No. 1 Councilmember Hjelle moved to approve the resolution directing modification of existing construction contract change order No. 1 for City Project 08-10. RESOLUTION 09-07-219 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08-10, CHANGE ORDER NO.1 July 20, 2009 A Continuation of July 13, 2009 6 City Council Meeting Minutes Dated 06/12/09 thru 06/23/09 310,305.26 Disbursements via debits to checking account Dated 06/12/09 thru 06/19/09 616,469.43 Checks # 78731 thru # 78789 Dated 06/26/09 thru 06/30/09 127,414.43 Disbursements via debits to checking account dated 06/19/09 thru 06/26/09 113,425.78 Checks #78790 thru #78827 Dated 07/01/09 thru 07/07/09 324,828.94 Disbursements via debits to checking account Dated 06/26/09 thru 07/03/09 Total Accounts Payable 1,627,449.65 PAYROLL $ 506,708.20 Payroll Checks and Direct Deposits dated 06/26/09 $ 2,483.34 Payroll Deduction check #1007352 thru #1007353 dated 06/26/09 $ 509,191.54 Total Payroll $ 2,136 641. 19 GRAND TOTAL Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Carsgrove Meadows Area Street Improvement, Project 08-10, Resolution Directing Modification Of Existing Construction Contract, Change Order No. 1 Councilmember Hjelle moved to approve the resolution directing modification of existing construction contract change order No. 1 for City Project 08-10. RESOLUTION 09-07-219 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08-10, CHANGE ORDER NO.1 July 20, 2009 A Continuation of July 13, 2009 6 City Council Meeting Minutes WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 08-10, Carsgrove Meadows 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 08-10, Change Order No.1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No.1 in the amount of $32,022.90. The revised contract amount is $1,848,806.90. Adopted this 20th day of July 2009 Seconded by Councilmember Nephew. Ayes - All The motion passed. 4. Resolution To Request Adoption Of 2009 Pay Rates For Temporary/Seasonal, Casual Part - Time Employees - Mid Year Minimum Wage Amendment Councilmember Hjelle moved to approve the 2009 Pay Rates For Temporary/Seasonal, Casual Part -Time Employees - Mid Year Minimum Wage Amendment. RESOLUTION 09-07-220 WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time (14 hours or fewer/wk) and paid -per -call employees effective July 18, 2009, upon Council approval. Accountant $10.00-30.00 per hour Accounting Technician $9.00-22.00 per hour Administrative Assistant $9.00-23.00 per hour Background Investigator $25.00-35.00 per hour Building Inspector $14.00-35.00 per hour Building Attendant $7.25-15.00 per hour Customer Service Assistant $7.25-15.00 per hour CSO $8.00-16.00 per hour Data Entry Operator $8.00-12.00 per hour Election Judge $7.25-12.00 per hour Election Judge - Assistant Chair $9.00-15.00 per hour Election Precinct Chair $9.00-16.00 per hour Engineering Aide $7.00-16.00 per hour Engineering Technician $10.00-16.00 per hour Fire Department Custodian $600-690 per quarter Firefighter -Paid -Per -Call $9.27, $11.60, $16.24 per run $18.00 per drill July 20, 2009 A Continuation of July 13, 2009 City Council Meeting Minutes 7 7 Firefighter -Paid -Per -Call - Paramedic Call Pay $32.48 per run Intern $7.25-20.00 per hour IT Technician $15.00-20.00 per hour Laborer $7.25-14.00 per hour Lifeguard $7.25-14.00 per hour Manager on Duty Differential $1.00 per hour Office Specialist $8.50-18.00 per hour Paramedic $17.00-22.00 per hour Receptionist $8.00-16.00 per hour Recreation Instructor/Leader $7.25-32.00 per hour Recreation Official $7.25-30.00 per hour Recreation Worker $7.25-18.00 per hour Theater Technician $20.00-30.00 per hour Vehicle Technician $9.00-15.00 per hour Video Coordinator* $11.00-19.00 per hour Video Technician* $10.00-18.00 per hour Water Safety Instructor (WSI) $7.50-16.00 per hour WSI & Head Lifeguard Differential $1.00 per hour (Lifeguards or WSIs working as Head Lifeguards; Lifeguards working as WSIs) *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by Councilmember Nephew. Ayes - All The motion passed. 5. Approval To Purchase Police Department Property Room Shelving Upgrade Councilmember Hjelle moved to approve expending funds to purchase a mobile shelving system from TAB for $23,489.62. Seconded by Mayor Longrie. Ayes - All The motion passed. 6. Approval Of Transfers For 2008 Councilmember Hjelle moved to approve transfers of $28,013.50 as of December 31, 2008, and closure of the funds. Seconded by Councilmember Nephew. Ayes - All The motion passed. Approval Of Geotechnical Services For Stillwater Road Improvements, Project 09-04 Councilmember Hjelle moved to approve the contract with Braun Intertec for soil borings and a geotechnical evaluation for the Stillwater Road Improvements in the amount of $14,259.00. Seconded by Councilmember Nephew. Ayes - All July 20, 2009 A Continuation of July 13, 2009 City Council Meeting Minutes The motion passed. 8. Resolution Accepting Youth Scholarship Donation From Jerome And Audrey Hughes Councilmember Juenemann moved to approve the resolution for the donation from Jerome and Audrey Hughes in the amount of $100. RESOLUTION 09-07-221 WHEREAS the Citizen Services Department - Recreation has received a $100 donation from Jerome and Audrey Hughes for the Youth Scholarship fund; and WHEREAS this fund provides a 2/3 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Citizen Services Department - Recreation to accept this $100 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on July 20, 2009. SIGNED: (Signature) WITNESSED: (Signature) Mayor City Clerk (Title) (Title) ( Date) ( Date) Seconded by Councilmember Hjelle. Ayes — All The motion passed. 9. Resolution Accepting Youth Scholarship Donation From Bruce And Marjorie Cuthbert Councilmember Juenemann moved to approve the resolution for the donation from Bruce and Marjorie Cuthbert for $250. RESOLUTION 09-07-222 WHEREAS the Citizen Services Department - Recreation has received a $250 donation from Bruce and Marjorie Cuthbert for the Youth Scholarship fund; and WHEREAS this fund provides a 2/3 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood; July 20, 2009 A Continuation of July 13, 2009 9 City Council Meeting Minutes 10 NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Citizen Services Department - Recreation to accept this $250 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on July 20, 2009. SIGNED: (Signature) WITNESSED: (Signature) Mayor City Clerk (Title) (Title) ( Date) ( Date) Seconded by Councilmember Hjelle. Ayes — All The motion passed. Resolution Accepting Youth Scholarship Donation From Bruce Mogren, Incorporated Councilmember Juenemann moved to approve the resolution for the donation from Bruce Mogren, Incorporated for $100. RESOLUTION 09-07-223 WHEREAS the Citizen Services Department - Recreation has received a $100 donation from Bruce Mogren, Incorporated for the Youth Scholarship fund; and WHEREAS this fund provides a 2/3 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Citizen Services Department - Recreation to accept this $100 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on July 20, 2009. SIGNED: (Signature) WITNESSED: (Signature) Mayor City Clerk (Title) (Title) ( Date) ( Date) July 20, 2009 A Continuation of July 13, 2009 10 City Council Meeting Minutes Seconded by Councilmember Hjelle. Ayes — All The motion passed. N. VISITOR PRESENTATIONS — PART II None. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 7:35 p.m. July 20, 2009 A Continuation of July 13, 2009 11 City Council Meeting Minutes I hereby withdraw my second for the resolution in item L5 to suspend the Council Corner column. To explain my decision, I am submitting this statement for the record. I ask that this statement be included in the minutes in its entirety. I still support this resolution in principle. However, I can no longer vote for it in good conscience, because to do so would mean giving an even greater advantage to the person who manipulated the rules and her authority as chair for her own benefit, to prevent it from being passed a week ago. This episode makes clear to all observers the power that a mayor holds simply by being chair, even if she has a minority of support on the council. I believe that, by keeping last Monday's meeting running long into the night, inhibiting its progress at every step, even going so far as to spend twenty minutes reading an extended version of the lengthy letter she wished to publish in the August newsletter, she purposely delayed a timely vote on this resolution. The result of the delay, as I am sure was intended, was that the August newsletter already has gone to press with her article included. To pass the resolution now would only serve to magnify her unfair advantage over others. As individuals, councilmembers may choose not to run columns as they are scheduled this fall, if they feel it is inappropriate. I believe both Will and Kathy indicated at our last meeting that they would voluntarily abstain from writing in the newsletter during their campaigns. They should be given the opportunity to make that choice and to receive credit for doing the right thing, just as the mayor made her choice to get her taxpayer -funded campaign message out by any means necessary. In the place of the original motion, I would like to offer a substitute motion to table this resolution until January 2010. At that time the council takes up its annual review of council policy and procedures. Long ahead of the next campaign, the new council can engage in a discussion about what is or is not appropriate use of the city newsletter during election season. For The Permanent Record Meeting Date:_hei- Agenda Item#: �5 G-';