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HomeMy WebLinkAbout10-08-2012 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,October 8,2012 Council Chambers, City Hall Meeting No.18-12 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03 p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Robert Cardinal, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Marvin Koppen, CouncilmemberPresent James Llanas, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to the agenda: M1City Clean-Up M2Voter ID Forum M3Ramsey/Washington Counties Cable Commission Councilmember Juenemannmoved to approve the agenda as amended. Seconded by Councilmember KoppenAyes–All The motion passed. E.APPROVAL OF MINUTES 1.Approval of September 24, 2012City Council WorkshopMinutes Councilmember Juenemannmoved to approve the September 24, 2012City Council Workshop Minutesas submitted. Seconded by Councilmember KoppenAyes–All The motion passed. 2.Approval ofSeptember 24, 2012 City Council MeetingMinutes Change item F1 Award Recognition for Maplewood’s Participation in the EMS Immediate Trial Study to read Dr. Aaron Burnett, Regions Hospital. Councilmember Llanas moved to approve the September 24, 2012City Council Meeting Minutes as amended. October 8, 2012 1 City Council MeetingMinutes Seconded by Councilmember JuenemannAyes–All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Resolution of Appreciation for Gary Pearson –Planning Commission and Housing & Redevelopment Authority SeniorPlanner Ekstrand presented the staff report. Councilmember Juenemann moved to approve the Resolution of Appreciation for Gary Pearson, Planning Commission and Housing & Redevelopment Authority. RESOLUTION 12-10-793 JOINT RESOLUTION OF APPRECIATION WHEREAS, Gary Pearson has been a member of the Maplewood Housing and Redevelopment Authority since November 13, 1989 and has served faithfully in that capacity; and WHEREAS, Gary Pearson has been a member of the Maplewood Planning Commission since December 10, 1990 and has served faithfully in that capacity as well; and WHEREAS, Gary has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, the membership of both commissions have appreciated the experience, insights and good judgment Gary has provided over these many years; and WHEREAS, Gary has shown sincere dedication to his duties and has consistently contributed his leadership, time 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 Gary Pearson is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on October 8, 2012 Seconded by Councilmember JuenemannAyes–All The motion passed. G.CONSENT AGENDA Councilmember Juenemann requested agenda items G2 be highlighted and she had a question for G12. Councilmember Juenemannmoved to approve agenda itemsG1-G12. Seconded by Councilmember KoppenAyes–All The motion passed. October 8, 2012 2 City Council MeetingMinutes 1.Approval of Claims Councilmember Juenemannmoved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 1,084,967.47 Checks #87954 thru # 88010 dated 9/14/12 thru 9/25/12 $ 372,180.61 Disbursements via debits to checking account dated 9/17/12 thru 9/21/12 $ 772,240.59 Checks # 88011 thru # 88052 dated 9/25/12 thru 10/2/12 $ 235,667.68 Disbursements via debits to checking account dated 9/24/12 thru 9/28/12 $ 2,465,056.35 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 503,587.16 9/28/12 Payroll Deduction check # 9987475 thru # $ 1,475.50 9987477 dated 9/28/12 $ 505,062.66 Total Payroll $ 2,970,119.01 GRAND TOTAL Seconded by Councilmember KoppenAyes–All The motion passed. 2.Approval of Toy Donations to Police Department DeputyPolice Chief Kvam presented the staff report. Councilmember Juenemannmoved toapprove the Resolution Authorizing the Toy Donationto the Police Department from LivINN Hotels, Ltd, RESOLUTION 12-10-794 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, LivINN Hotels, Ltd., wishes to grant the City of Maplewood the following: October 8, 2012 3 City Council MeetingMinutes 300 handcrafted wooden toy cars and trucks, and; WHEREAS, LivINN Hotels, Ltd., has instructed that the City will be required to use the aforementioned for: distribution to children in the City of Maplewood, 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 super 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 a super majority vote of its membership on October 8, 2012. Seconded by Councilmember KoppenAyes–All The motion passed. 3.Approval of 2012 Budget Transfers Councilmember Juenemannmoved toapprove the budget transfers and directedthe Finance Manager to make budget adjustments if needed. Seconded by Councilmember KoppenAyes–All The motion passed. 4.Approval of 2012 Budget Adjustments Councilmember Juenemannmoved toapprovethe Finance Manager revise the 2012 budget to reflect the 2012 re-estimatesfor accounts that are included in the proposed 2013 budget. Seconded by Councilmember KoppenAyes–All The motion passed. 5.Approval of Closureof Open Space Land Acquisition Fund Councilmember Juenemannmoved to authorize a transfer of $37,333.88 from the Open Space Land Acquisition Fund to the Park Development Fund, close the Open Space Fund, and approve the appropriate budget changes. Seconded by Councilmember KoppenAyes–All The motion passed. October 8, 2012 4 City Council MeetingMinutes 6.Approval of Annual Maplewood Historical Society Payment CouncilmemberJuenemannmoved to approve the 2012 payment of $2,000.00 to the Maplewood Historical Society. Seconded by Councilmember KoppenAyes–All The motion passed. 7.Approval Temporary Gambling Permit and Fee Waiver –Friends of the Mississippi River for the Fish Creek Affair Councilmember Juenemannmoved to approve the Resolution for a Temporary Gambling Permit for Friends of the Mississippi and approve the Fee Waiver for the Temporary Gambling Permit. RESOLUTION 12-10-795 BE IT HEREBY RESOLVED, by the CityCouncil of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Friends of the Mississippi at the Maplewood Community Center, 2100 White Bear Avenue, 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 that the 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. Seconded by Councilmember KoppenAyes–All The motion passed. 8.Approval of Resolution Certifying Election Judges for the November 6, 2012 General Federal and State Election Councilmember Juenemannmoved to approve theResolution Certifying Election Judges for the November 6, 2012 General Federal and State Election. RESOLUTION 12-10-796 ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2012 General Election to be held on Tuesday, November 6, 2012. Ahl, ChuckArnold, AjlaBerry, Robert (Bud) Ahrens, FranAurandt, RobertBierbaum, Al Aikens, MeridithBartelt, JoanBjorklund, Diane Allen, JimBedor, DavidBolden, Donita Anderson, ElsieBeggs, ReganBolduan, Kay Anderson, NancyBehr, JeanetteBooher, Michele Anderson, SuzanneBehr, NancyBork, Anna Ansari, AhsanBelland, JaimeBortz, Albert October 8, 2012 5 City Council MeetingMinutes Bortz, Jeanne Hitzman, HaroldNoyes, Douglas Brandon, Richard Hulet, JeanetteO'Brien, D. William Brandon, Virginia Hulet, RobertOlson, Anita Bruner, DeborahHuth, Patricia Olson, Lois Bryan, BettyHuth, Raymond Olson, Norman Bunkowske, BerniceInhofer, Mary Claire Olson, Sandy Campbell, LiliaJagoe, Carole Oslund, Kathryn Campbell, Thomas Jahn, DavidParent, Dian Carle, Jeanette Jensen, RobertPedersen, Bernard Carson, Helen Johannessen, JudithPeper, Marilyn Casserly, Debra Johansen, KathleenPophem, Michael Christianson, MargorieJohnson, Warren Putz, Shelly Combe, EdwardJones, Shirley Renslow, Rita Connelly, ThomasJurmu, Joyce Rieper, Allan Coyle, JimKapfer, Deb Rodriguez, Vincent Coyle, Rose Karner, AnnRubbert, Shirley Cude, Carol Kipka, JudyRudeen, Elaine Cude, Larry Kirchoff, HaroldSagert, Chris D'Arcio, India Kliethermes, JamiSaltz, Rosalie DeBernardi, NancyKnutson, Lois Sandberg, Janet Demko, FredKramer, Dennis Sands, Warren DeZelar, PhilKrebsbach, Jean Satriano, Pauline Dickson, Helen JeanKreger, Jason Sauer, Elmer Dittli, Albin Kwapick, JackieSauer, Kathleen Dougherty, Tom Labossiere, DonnaSawyer, Sharon Droeger, Diane Lackner,MarvellaScharnott, Thomas Duellman, Audrey Lampe, CharlotteScheuble, RoJean Dunham, BobLarson, Michelle Scheunemann, Marjorie Eickhoff, CarolynLauren, Lorraine Schluender, Cynthia Erickson, ElizabethLaValle, Faylene Schneider, Mary Ann Ewald, JeanneLawrence, Donna Schramel, Betty Fernholz, Jean Layer, StephanieSchramel, Jim Finch, Michael Layer, TomSchultz, Louise Finch, Roberta Leiter, Barbara Seidel, Gloria Fitzgerald, Delores Leonard, Claudette Shankar, Ananth Fosburgh, Anne Lincowski, Steve Shores, Teresa Fowler, CynthiaLincowski, Vi Skaar, Delaney Franzen, NickLiptak, Marianne Skaar, Steven Freer, Mary JoLockwood, Jackie Skaar, Susan Friedlein, CharleneLoipersbeck, Darlene Spangler, Bob Friedlein, Richard Loipersbeck, Jules Stafki, Tim Fuller, Mary Katherine Mahowald, Valerie Stenson, Karen Gaboury, Shirley Mahre, Jeri Storm, Mary Galligher, Patricia Mammenga II, Donald Stout, Carrie Garrison, Carolyn Ann Manthey, JohnStrack, Joan Garvey, Terrence Maskrey, ThomasTaylor, Lori Gebauer, Victor Mathey, AlanaThomas, Jeff Gerlach, Barbara McCann, JohnThomforde, Faith Gerten, John McCarthy, Peggy Tourville, Michael Gerten, Judy McCauley, Judy Trippler, Dale Glissendorf, Sue Mechelke, Mary Lou Tschida, Micki Golaski, Diane Meister-Westermann, Jean Urbanski, Carolyn Grace, Joanne Millette, JamesUrbanski, Holly Granse, Barbara Moran, JoyceUrbanski, William Gravink, Barb Moreno, MarleneVanBlaricom, Beulah Gudknecht, Jamie Mortenson, KarenVanek, Mary Gustafson, DianneMuenchow, Mike Wasmundt, Gayle Guthrie, RosieMyster, Thomas Weinberg, Vicki Hafner, MichaelNelson, Percy Wessel, Warren Hahn , VonnaNettleton, Janet Whitcomb, Larry Hanson, Joan Newcomb, MaryWitschen, Delores Hart, Barbara Nichol, JaneWolfgram, Dorothy Heininger, Gordon Nichols, MirandaWood, Susan Hervig, Cindy Nissen, HelenYorkovich, Cindy Hinnenkamp, GaryNorberg, Ann Young, Linda October 8, 2012 6 City Council MeetingMinutes Zawacki, JamesZian, HelenZipko, Leroy Seconded by Councilmember KoppenAyes–All The motion passed. 9.Authorization to Enter into a Service Agreement with The Active Network Councilmember Juenemannmoved to authorizeto enter into a three year Service Agreement with The Active Network. Seconded by Councilmember KoppenAyes–All The motion passed. 10.Approval of Permitted Facilities Agreement with BP Products North America Inc., Maplewood Mall Sidewalk Improvements, City Project 11-09 Councilmember Juenemannmoved to approve the Permitted Facilities Agreement with BP Products North America, Inc. for the Maplewood Mall Sidewalk Improvements, City Projects 11- 09, and to direct the Mayor and City Manager to sign the agreement signifying the city council approval. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. Seconded by Councilmember KoppenAyes–All The motion passed. 11.Approval of Cost Participation Agreement with Ramsey-Washington Metro Watershed District, TH 36/English Street Interchange Improvements, City Project 09-08 Councilmember Juenemannmoved to approve the Cost Participation Agreement with the Ramsey-Washington Metro Watershed District as part of City Project 09-08, and to direct the Mayor and City Manager to sign the agreement signifying city council approval. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. Seconded by Councilmember KoppenAyes–All The motion passed. 12.Approval of the Annual Renewal License for EZ Cash Maplewood, LLC. City Clerk Guilfoile answered questionsasked by Councilmember Juenemann. Councilmember Juenemannmoved toapprove the renewal of the annual Currency Exchange Licensefor EZ Cash Maplewood, LLC. Seconded by Councilmember KoppenAyes–All The motion passed. October 8, 2012 7 City Council MeetingMinutes H.PUBLIC HEARING None I.UNFINISHED BUSINESS nd 1.Approval of Ordinance Amending Xcel Franchise Fees –2Reading City Attorney Kantrud presented the staff report and answered questions of the council. Assistant City Manager Ahl and Finance Manager Bauman presented additional information regarding the Xcel Franchise Fee. Councilmember Juenemannmoved to approve the Ordinance Amending Xcel Franchise Fees – Second Reading. ORDINANCE NO. 926 AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MAPLEWOOD. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN: SECTION 1 . The City of Maplewood Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose . The Maplewood City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Maplewood. (a)Pursuant to City Ordinance a Franchise Agreement between the City of Maplewood and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as ScheduleA. Subdivision 2. Franchise Fee Statement . A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencingwith the Xcel Energy January, 2013 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question October 8, 2012 8 City Council MeetingMinutes arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. Subdivision 3. Payment . The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surcharge . The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. Subdivision 5. Record Support for Payment . Xcel Energy shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement . Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee . The effective date of this Ordinance shall be after its publication and sixty (60) days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided above. Subdivision 8. Repeal of Prior Franchise Ordinance . Upon the effective collection date for the new fees pursuantto this Ordinance any existing, prior, Ordinance and fees schedules shall be repealed so as not to conflict with this Ordinance and fee schedule. Passage of this Ordinance shall constitute intent to adopt the revised rates. Passed and approved October 8, 2012. Seconded by Councilmember KoppenAyes–All The motion passed. J.NEW BUSINESS 1.2013 Review of Requests –Charitable Gambling Assistant City Manager Ahl presented the staff report. The following organizations were present and addressed the council to give a brief overview of their request: Boy Scout Troup 461 –Presentation of the Blessed Virgin Mary Carol Anderson –Representing ISD 622 Education Foundation Carolyn Peterson –Maplewood Historical Society Hillary Ballard –Mothersand More, Twin Cities Event JaniceKalovaand Jamie Trinbath from North High were present in the audienceto observe the meeting as part of a school project. October 8, 2012 9 City Council MeetingMinutes Councilmembers are requested to have their requests submitted to the City Manager’s Administrative Assistant byMonday, October 15, 2012. The results will bepresented at the October 22, 2012 City Council Meeting. 2.Consider Resolution Adopting 2013 Rates for Utilities Finance Manager Bauman and Assistant City Manager Ahl presented the staff report and answered questions of the council. Councilmember Juenemannmoved to approve the Resolution adopting the 2013Utility Rates. RESOLUTION 12-10-797 ADOPTION OF THE 2013 RATES FOR UTILITIES: SANITARY SEWER ENVIRONMENTAL UTILITY (STORM WATER) WATER SURCHARGE (ST PAUL) RECYCLING WHEREAS, the City of Maplewood has established utility rates, and WHEREAS, city staff has reviewed the utility rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The updated sanitary sewer rates with a 4% increase shall become effective beginning January 1, 2013, with fees set as follows: St. Paul Billing District: Rate per 100 cubic feet$2.94 Minimum Charge (per quarter)$16.50 North St. Paul, Roseville, Little Canada andWoodbury Billing Districts: Rate per 1,000 gals.$3.92 Minimum Charge (per quarter)$16.50 2.The updated Environmental Utility Fund rates with a 10% increase shall become effective beginning January 1, 2013, with quarterly rates set at $20.73 ($6.91 per month). 3.The updated water surcharge rates for the St. Paul Water District shall become effective beginning January 1, 2013, with fees set as follows: 6.5% of the St. Paul water charge. 4.The updated recycling fees with a 15% increase shall become effective beginning January 1, 2013, with fees set as follows: $2.56 per account per month for multi-family units $7.68 per account per quarter for single-family residents October 8, 2012 10 City Council MeetingMinutes 5.The updated utility rates are approved for all related services received on or after January 1, 2013. 6.The ratesshown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by Councilmember KoppenAyes–All The motion passed. 3.Consider Recommendation of No Further Action on Reinforced Turf Parking Surfaces for Residential Parking Needs Senior Planner Ekstrand presented the staff report and answered questions of the council. Councilmember Juenemannmoved to take nofurtheraction on amending the Residential Parking Ordinance to allowReinforced Turf Parking Surfaces. Seconded by Councilmember KoppenAyes–All The motion passed. K.AWARD OF BIDS None. L.ADMINISTRATIVE PRESENTATIONS 1.Response to Council Member Cardinal’s Questions Submitted at the September 24, 2012 Council Meeting Assistant City Manager Ahl reported on the following: 1)Trash Rates through the end of 2013. 2)Allied Waste Services purchase of two new bio-diesel trucks. Councilmember Cardinal requested the following two additional questions be answered by staff andreported at the next council meeting. 1)How many Maplewood trash carts were purchased? 2)Provide the distribution numbers by size to residents. M.COUNCIL PRESENTATIONS 1.City Clean-UpDay Councilmember Juenemann reminded residents thatCity Clean-Up Day will be held Saturday, October 13, 2012 from 8:00 a.m. to 1:00 p.m. at the Aldrich Arena. Hazardous waste will be collected from Ramsey County and Second Harvest will be there to collect food donations. October 8, 2012 11 City Council MeetingMinutes 2.Voter Forum Councilmember Llanasinformed residents that the Maplewood Human Rights Commission in conjunction with the Roseville Human Rights Commission will be hosting a town hall meeting to focus on the Voter ID Amendment. The meeting will be held in the Council Chambers at Maplewood City Hall on Tuesday, October 9, 2012 from 7:00 p.m. to 9:00 p.m. Speakers include Dan McGrathfrom Protect My Vote;CarolynJackson from Minnesota ACLU; Mary Kiffmeyer from the Minnesota Legislature; and former Minnesota Governor Arne Carlson. Councilmember Llanas also announced that the Maplewood and Roseville Human Rights Commissions will host a forum to discuss the Marriage Amendment that will be on the November th 6General Election ballot on Tuesday, October 23, 2012 from 7:00 p.m. to 9:00 p.m. at the Maplewood Community Center in the Banquet Room. 3.Ramsey/Washington Counties Cable Commission Councilmember Cardinal congratulated the Ramsey/Washington Counties Cable Commission on receiving the Government Programming Award for Excellence in Government Programming Operating Budget $200,000to $400,000 from theNational Association of Telecommunication Officers and Advisors (NATOA). 4.Trash Carts Councilmember Juenemann encouraged residents to contact their previous trash hauler to pick- up their trash cart if they have notyetbeen picked up. N.ADJOURNMENT Mayor Rossbachadjourned the meeting at 8:32 p.m. October 8, 2012 12 City Council MeetingMinutes