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HomeMy WebLinkAbout08-22-2011 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,August 22, 2011 Council Chambers, City Hall Meeting No.16-11 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:04 p.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 item was added to the agenda by Mayor Rossbach. F1.Resolution of Expressing Sympathy and Condolences to the Wife, Family and Friends of Marine Sergeant Chad D. Frokjer, Who Was Killed in the Line of Duty The following items were added to the agendaby Councilmember Juenemann. N1.Dispatch Policy N2.Living Streets CouncilmemberNephew moved to approve the agenda as amended. Seconded by Councilmember KoppenAyes–All The motion passed. E.APPROVAL OF MINUTES 1.Approval of August 1, 2011, City Council Workshop Minutes CouncilmemberJuenemann moved to approve theAugust 1, 2011City Council Workshop Minutes as submitted. Seconded by Councilmember KoppenAyes–All The motion passed. August 22, 2011 1 City Council MeetingMinutes 2.Approval of August 8, 2011, City Council Workshop Minutes Councilmember Juenemannmoved to approve theAugust 8, 2011City Council Meeting Minutes as submitted. Seconded by Councilmember KoppenAyes–All The motion passed. 3.Approval of August 8, 2011, City Council Meeting Minutes Councilmember Nephewmoved to approve theAugust 8, 2011 City Council Meeting Minutes as submitted. Seconded by Councilmember JuenemannAyes–All The motion passed. 4.Approval of August 12, 2011 City Council Special Meeting Minutes Staff is directed to review items C and D from the August 12, 2011 minutes to get the motions and seconds correct. Councilmember Nephewmoved to approve theAugust 12, 2011City Council Special Meeting Minutes as amended. Seconded by Councilmember KoppenAyes–Mayor Rossbach, Council members Juenemann, Koppen and Nephew Abstention –Councilmember Llanas The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Resolution of Expressing Sympathy and Condolences to the Wife, Family and Friends of Marine Sergeant Chad D. Frokjer, Who Was Killed in the Line of Duty Mayor Rossbach presented the report. Chad’s parentsBrian &Arlene Frokjerand sister Nikki Frokjer accepted the resolution presented to them by Mayor Rossbach. A memorial fund for Marine Sgt. Chad D. Frokjer has been at Wells Fargo bank. Councilmember Koppen moved to approve the Resolution of Expressing Sympathy and Condolences to the Wife, Family and Friends of Marine Sergeant Chad D. Frokjer, Who Was Killed in the Line of Duty. Seconded by Councilmember JuenemannAyes–All The motion passed. August 22, 2011 2 City Council MeetingMinutes G.CONSENT AGENDA CouncilmemberNephewmoved to approve agenda items1, 3-6. Seconded by Councilmember KoppenAyes–All The motion passed. 1.Approval of Claims CouncilmemberNephewmoved Approval of Claims. ACCOUNTS PAYABLE: $188,118.66Checks # 84880 thru # 84933 dated 08/03/11 thru 08/09/11 $2,864,540.73Disbursements via debits to checking account dated 07/29/11 thru 08/05/11 $1,271,968.64Checks # 84934 thru # 85015 dated 08/10/11 thru 08/16/11 $336,155.39Disbursements via debits to checking account dated 08/03/11 thru 08/12/11 $4,660,783.42Total Accounts Payable PAYROLL $520,542.17Payroll Checks and Direct Deposits dated 08/05/11 $2,375.01Payroll Deduction check # 9984807 thru # 9984809 dated 08/05/11 $522,917.18Total Payroll $5,183,700.60GRAND TOTAL Seconded by Councilmember KoppenAyes–All The motion passed. August 22, 2011 3 City Council MeetingMinutes 2.Approval of Resolution Authorizing Submission of a Request for State Bonding Funds for the Purchase of the Fish Creek Property Parks and Recreation Director Konewko presented the staff report and answered questions of the council. Councilmember Juenemannmoved toapprove theResolution Authorizing Submission of a Request for State Bonding Funds for the Purchase of the Fish Creek Property. RESOLUTION 11-8-609 CITY OF MAPLEWOOD RESOLUTION #1 AUTHORIZING SUBMISSION OF REQUEST FOR STATE BONDING FUNDS FOR THE FISH CREEK ACQUISITION PROJECT WHEREAS, the Minnesota State Legislature is accepting allocation for Capital Bonding Requests, for the 2012 Legislative Session; and WHEREAS , the City of Maplewood has deemed the purchase of Fish Creek property a high priority project; and WHEREAS , the City of Maplewood is in need of Capital Bond funding to provide gap financing to supplement local and other funding for the purchase of Fish Creek Property; and NOW, THEREFORE BE IT RESOLVED, that the Maplewood City Council authorizes the submission of a request to the Minnesota State Legislature for 2012 bonding funds for the purchase of Fish Creek Property for $600,000. Date Adopted:August 22, 2011 Maplewood City Council Will Rossbach, Mayor ATTEST: ______________________________________ Karen Guilfoile, City Clerk Seconded by Councilmember NephewAyes–All The motion passed. August 22, 2011 4 City Council MeetingMinutes 3. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 3, Hills and Dales Area Street Improvements, Project 09-15 Councilmember Nephewmoved toapproval the Resolution Directing Modification of Existing Construction Contract, Change Order No. 3, Hills and Dales Area Street Improvements, Project 09-15. RESOLUTION11-8-610 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 10-14, CHANGE ORDER NO. 2 WHEREAS, theCity Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 10-14, Western Hills 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 10-14, 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 modifythe existing contract by executing said Change Order No. 2 which is a decrease of $54,634.80. The revised contract amount is $5,381,032.41 nd Adopted by theMaplewood City Councilon this 22day of August2011. Seconded by Councilmember KoppenAyes–All The motion passed. 4. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 3, Hills and Dales Area Street Improvements, Project 09-15 Councilmember Nephewmoved toapproval the Resolution Directing Modification of Existing Construction Contract, Change Order No. 3, Hills and Dales Area Street Improvements, Project 09-15. RESOLUTION11-8-611 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09-15, CHANGE ORDER NO. 3 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. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 2.The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 3 which is an increase of $34,405.97. August 22, 2011 5 City Council MeetingMinutes The revised contract amount is $5,424,235.46 nd Adopted by theMaplewood City Councilon this 22day of August2011. Seconded by Councilmember KoppenAyes–All The motion passed. 5.Approval of Temporary Gambling Permit and Fee Waiver –Church of St. Jerome’s Councilmember Nephewmoved toapprove the Resolution for a Temporary Gambling Permit and Waive the Fee for Church of St. Jerome’s. RESOLUTION11-8-612 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the Church of St. Jerome’s, 380 E. Roselawn Avenue, to be used on September 18, 2011. 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 saidpermit 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 Councilmember KoppenAyes–All The motion passed. 6.Approval of Temporary Gambling Permit –Presentation of the Blessed Virgin Mary Councilmember Nephewmoved toapprove the Resolution for a Temporary Gambling Permit for Presentation of the BlessedVirgin Mary. RESOLUTION11-8-613 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling on October 3, 2011 is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, 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 thatthe 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. August 22, 2011 6 City Council MeetingMinutes Seconded by Councilmember KoppenAyes–All The motion passed. H.PUBLIC HEARING 1.Gladstone Area Redevelopment Improvements, Project 04-21 a.Assessment Hearing, 7:00 pm b.Approve Resolution for Adoption of Assessment Roll Deputy Public Works Director Thompson recommended that the public hearing be continued to September 12, 2011 City Council Meeting. Mayor Rossbach opened the public hearing. Councilmember Nephewmoved to continue the Gladstone Area Redevelopment Improvements, Project 04-21 Public Hearing to the September 12, 2011 City Council Meeting. Seconded by Councilmember JuenemannAyes–All The motion passed. I.UNFINISHED BUSINESS 1.Organized Trash Collection System Analysis –Update on Trash Collection Proposals and Approval of Budget for Next Phase of Analysis Environmental Planner Finwall gave the presentation to the council. Councilmember Nephewmoved approve tothe resolutionto Budget for Consultant Assistance. RESOLUTION 11-8-614 CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving aBudget for Consultant Assistance WHEREAS, Maplewood City Council adopted a Resolution of Intent to Organize Trash Collection on March 28, 2011. WHEREAS,the adoption of a Resolution of Intent to Organize Trash Collection by the Maplewood City Council was the beginning of a planning process to initiate public participation and evaluate all trash collection system options, including evaluating the city’s currentopen trash collection system for potential improvements. WHEREAS, Maplewood City Council authorized a general consultant contract with Foth Infrastructure & Environment, LLC, for technical assistance with the Trash Collection System Analysis on April 25,2011. WHEREAS, after August 19, 2011, Maplewood will begin the required negotiation process, which represents the next phase of the Trash Collection System Analysis. NOW, THEREFORE, be it resolved that the Maplewood City Council hereby approves a budget for consultant assistance from Foth Infrastructure & Environment, LLCfor the next phase August 22, 2011 7 City Council MeetingMinutes of the Trash Collection System Analysis. The budget is not to exceed $20,000, to be funded by the City’s Recycling Fund. nd Adopted this 22day of August, 2011. Signed:Attest: ____________________________________________________________________ MayorCity Clerk Seconded by Councilmember JuenemannAyes–Mayor Rossbach, Council membersJuenemann, Llanas, Koppen Nays–Councilmember Koppen The motion passed. J.NEW BUSINESS 1.Approval of Resolution Canvassing the Results of the Recount for the August 9, 2011 Municipal Primary Election Deputy Clerk Schmidt presented the staff report to the council. Councilmember Llanasmoved toapprove theResolution Canvassingthe Results of the Recount for the August 9, 2011 Municipal Primary Election. RESOLUTION 11-8-615 CANVASS OF ELECTION RESOLVED , that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on August 22, 2011, hereby declares the following results from the August 17, 2011, Municipal Primary Election recount. COUNCIL MEMBER: Rebecca Cave 472 Elizabeth Sletten463 Seconded by Councilmember JuenemannAyes–All The motion passed. August 22, 2011 8 City Council MeetingMinutes th 2.Approval of Resolution Joining the National Moment of Remembrance of the 10 th. Anniversary of September 11 Mayor Rossbach presented the report to the council. Councilmember Koppen moved toapprove theResolution Joining the National Moment of thth Remembrance of the 10Anniversary of September 11. RESOLUTION11-8-616 The City of Maplewood Joining the National Moment of Remembrance th of the 10th Anniversary of September 11 WHEREAS, the governing body of the City of Maplewood expresses their support of the United State's Senate regarding coming together as a Nation and ceasing all work or other activity for a moment of remembrance beginning at 1:00 p.m. Eastern Daylight Time on September 11, 2011, in honor of the 10th anniversary of the terrorist attacks committed against the United States on September 11, 2001; and WHEREAS, at 8:46 a.m., on September 11, 2001, hijacked American Airlines Flight 11 crashed into the upper portion of the North Tower of the World Trade Center in New York City, New York; and WHEREAS, 17 minutes later, at 9:03 a.m., hijacked United Airlines Flight 175 crashed into the South Towerof the World Trade Center; and WHEREAS, at 9:37 a.m., the west wall of the Pentagon was hit by hijacked American Airlines Flight 77, the impact of which caused immediate and catastrophic damage to the headquarters ofthe Department of Defense; and WHEREAS, at approximately 10:00 a.m., the passengers and crew of hijacked United Airlines Flight 93 acted heroically to retake control of the airplane and thwart the taking of additional American lives by crashing the airliner in Shanksville, Pennsylvania, and, in doing so, gave their lives to save countless others; and WHEREAS, nearly3,000 innocent civilians were killed in the heinous attacks of September 11, 2001; and WHEREAS, tens of thousands of individuals narrowly escaped the attacks at the Pentagon and World Trade Center and, as witnesses to this tragedy, are forever changed; and WHEREAS, countless fire departments, police departments, first responders, governmental officials, workers, emergency medical personnel, and volunteers responded immediately and heroically to those horrific events; and WHEREAS, the Fire Department of New York suffered 343 fatalities on September 11, 2001, the largest loss of life of any emergency response agency in United States history; and WHEREAS, the Port Authority Police Department suffered 37 fatalities in the attacks, the largest loss of life of any police force in United States history in a single day; and WHEREAS, the New York Police Department suffered 23 fatalities as a result of the terrorist attacks; and WHEREAS, the impact of that day on public health continues through 2011, as nearly 90,000 people are at risk of or suffering from negative health effects as a result of the events of August 22, 2011 9 City Council MeetingMinutes September11, 2001, including 14,000 workers and 2,400 community residents who are sick, and tens of thousands of others whosehealth is being monitored; and WHEREAS, 10 years later, the people of the United States and people around the world continue to mourn thetremendous loss of innocent life on that fateful day; and WHEREAS, 10 years later, thousands of men and women in the United States Armed Forces remain in harm’s way defending the United States against those who seek to threaten the United States; and WHEREAS, on the 10th anniversary of this tragic day, the thoughts of the people of the United States are with all of the victims of the events of September 11, 2001 and their families; and WHEREAS, the lives of Americans were changed forever on September 11, 2001, when events threatened the American way of life; and WHEREAS, in 2009, Congress and the President joined together to designate September 11 as a National Day of Service and Remembrance under the Serve America Act (Public Law 111–13; 123 Stat. 1460); and WHEREAS, in September 2009 and 2010, President Obama issued Proclamation 8413 (74 Fed. Reg. 47045) and Proclamation 8559 (75 Fed. Reg. 56463) proclaiming September 11, 2009, and September 11, 2010, respectively, as Patriot Day and National Day of Service and Remembrance; and WHEREAS, September 11 will never, and should never, be just another day in the hearts and minds of all people of the United States; NOW, THEREFORE BE IT RESOLVED that the governingbody of the City of Maplewood: (1) recognizes September 11, 2011, as a day of solemn commemoration of the events of September 11, 2001, and a day tocome together as a Nation; and (2) offers its deepest and most sincere condolences to the families, friends, and loved ones of the innocent victims ofthe September 11, 2001, terrorist attacks; and (3) honors the heroic service, actions, and sacrifices of first responders, law enforcement personnel, State and local officials, volunteers, and countless others who aided the innocent victims of those attacks and, in doing so, bravely risked and often gave their own lives; and (4) recognizes the valiant service, actions, and sacrifices of United States personnel, including members of the United States Armed Forces, the United States intelligence agencies, the United States diplomatic service, homeland security and law enforcement personnel, and their families, who have given so much, including their lives and well-being, to support the cause of freedom and defend the security of the United States; and (5) reaffirms that the people of the United States will never forget the challenges our country endured on and since September 11, 2001, and will work tirelessly to defeat those who attacked the United States; and BE IT FURTHER RESOLVED that on the 10th anniversary of this tragic day in United States history the governing body of the City of Maplewood calls upon all of the people and institutions of the United States to observe a moment of remembrance on September 11, 2011, August 22, 2011 10 City Council MeetingMinutes including (i) media outlets; (ii) houses of worship; (iii) military organizations; (iv) veterans organizations; (v) airlines; (vi) airports; (vii) railroads; (viii) sports teams; (ix) the Federal Government; (x) State and local governments; (xi) police, fire, and other public institutions; (xii) educational institutions; (xiii) businesses; and (xiv) other public and private institutions; and BE IT FURTHER RESOLVED that the governing body of City of Maplewood encourages the observance of the moment of remembrance to last for 1 minute beginning at 1:00 p.m. Eastern Daylight Time by, to the maximum extent practicable ceasing all work or other activity; and marking the moment in an appropriate manner, including by ringing bells, blowing whistles, or sounding sirens. Seconded by Councilmember NephewAyes–All The motion passed. K.VISITOR PRESENTATIONS 1.Bob Zick, North St. Paul 2.Mark Bradley, Maplewood L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS 1.Dispatch Policy Councilmember Juenemann gave an update on theconsolidated dispatch system. 2.Living Streets Councilmember Juenemann gave an update on the Living Streets project. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 8:42 p.m. August 22, 2011 11 City Council MeetingMinutes 13 14, , 15 t