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HomeMy WebLinkAbout03-09-2015 City Council Meeting Minutes1 March 9, 2015 City Council Meeting Minutes MINUTES M APLEWOOD CITY COUNCIL 7:00 p.m., Monday, March 9, 2015 Council Chambers, City Hall Meeting No. 05-15 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:02 p.m. by Mayor Slawik. Mayor Slawik reported that Bloomberg Philanthropies announced that Maplewood’s Kid City proposal is one of twelve finalists in the nation for their Public Art Challenge. Shari Aronson and Chris Griffith, Co-Creative Directors and Co-Founders of Z Puppets Rosenschnoz addressed the council to share information about their organization and the Public Art Challenge. Parks & Recreation Director Konewko gave additional information about the proposal. Alex, a senior from Stillwater High School led the council in the pledge of allegiance. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA Agenda item J4 Union Negotiations Discussion – Police Sergeants moved to the end of the meeting after Council Presentations. The following items were added to the agenda: N1 W rap up on the Multi Cultural Event N2 Cable Commission Update N3 Former Mayor Les Axdahl N4 Friends of the City Volunteer Coordinator N5 Mayor’s Roundtable on Sustainable Environment N6 Senator Hearing on Transportation in W oodbury N7 Vento Trail Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of February 23, 2015 City Council Workshop Minutes Councilmember Abrams moved to approve the February 23, 2015 City Council 2 March 9, 2015 City Council Meeting Minutes W orkshop Minutes as submitted. Seconded by Councilmember Cardinal Ayes – All Abstain – Councilmember Koppen The motion passed. 2. Approval of February 23, 2015 City Council Meeting Minutes Councilmember Juenemann noted a couple of typo corrections that were called into City Hall. Councilmember Juenemann moved to approve the February 23, 2015 City Council Meeting Minutes as amended. Seconded by Councilmember Abrams Ayes – All Abstain – Councilmember Koppen The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Recognition of Don Regan, Recipient of Northwestern Financial Review Business Aw ard This item was heard after agenda item F2. Councilmember Koppen gave background information on Don Regan. Mayor Slawik read the Recognition of Mr. Regan. 2. Approval of the 2014 Sustainability Annual Report Environmental Planner Finwall gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the 2014 Annual Sustainability Report. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of the 2014 Environmental and Natural Resources Commission Annual Report Molly Miller, Environmental and Natural Resources Commissioner gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the 2014 Environmental and Natural Resources Commission Annual Report. Seconded by Councilmember Koppen Ayes – All The motion passed. 3 March 9, 2015 City Council Meeting Minutes 4. Approval of the 2014 Community Design Review Board Annual Report Matt Ledvina, Community Design Review Board Chair gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the 2014 Community Design Review Board Annual Report. Seconded by Councilmember Abrams Ayes – All The motion passed. 5. Approval of the 2014 Code Enforcement Annual Report Environmental and City Code Specialist Swanson gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the 2014 Code Enforcement Annual Report. Seconded by Councilmember Cardinal Ayes – All The motion passed. 6. Gateway Corridor Project Update, Project 14-05 City Engineer/Director of Public W orks Thompson gave the staff report and answered questions of the council. Mayor Slawik gave additional information about the project. G. CONSENT AGEND A Councilmember Juenemann requested agenda items G2, G5, G6, G7, G9 and G10 be highlighted. Councilmember Juenemann moved to approve consent agenda items G1-G10. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 551,582.19 Check s # 94525 thru # 94582 dated 02/24/15 $ 552,649.68 Disbursements via debits to checking account dated 01/20/15 thru 01/23/15 $ 503,228.81 Checks #94584 thru #94624 dated 03/03/15 $ 354,214.03 Disbursements via debits to checking account dated 02/23/15 thru 02/27/15 4 March 9, 2015 City Council Meeting Minutes $ 1,961,674.71 Total Accounts Payable PAYROLL $ 527,997.22 Payroll Checks and Direct Deposits dated 02/27/15 $ 1,015.70Payroll Deduction check # 9994450 thru #9994452 dates 02/27/15 $ 529,012.92 Total Payroll $ 2,490,687.63 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of Agreement for Use of Harvest Park for the 2015 Susan G. Komen Twin Cities 3-Day Event Citizen Services Director/City Clerk Haag gave the staff report. Councilmember Juenemann moved to approve the Agreement for Use of Harvest Park for the 2015 Susan G. Komen Twin Cities 3-Day Event. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of a Temporary Lawful Gambling Permit for Carver Elementary PTO Councilmember Juenemann moved to approve the Temporary Lawful Gambling Permit for Carver Elementary PTO to be used on May 8, 2015 at 2680 Upper Afton Road. Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval of a Temporary Lawful Gambling Permit for Minnesota Waterfowl- East Metro Chapter Councilmember Juenemann moved to approve the Temporary Lawful Gambling Permit for Minnesota W aterfowl-East Metro Chapter to be used on April 16, 2015 at 1946 English Street. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of Contract Partnership Agreement between the City of Maplewood and Cherryw ood Pointe 5 March 9, 2015 City Council Meeting Minutes Parks & Recreation Director Konewko gave the staff report. Councilmember Juenemann moved to approve the Contract Partnership Agreement with Cherrywood Pointe and authorize the City Manager to enter into said contract. Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval of the Spring Clean Up Environmental Planner Finwall gave the staff report. Councilmember Juenemann moved to approve the 2015 Spring Clean-Up scheduled for Saturday, April 18, 2015 from 8:00 a.m. to 1:00 p.m. at Aldrich Arena, 1850 W hite Bear Avenue. Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Approval of Waterfest Sponsorship Environmental Planner Finwall gave the staff report. Councilmember Juenemann moved to approve the W aterfest Sponsorship in the amount of $1,000 to help support the Ramsey-W ashington Metro W atershed District’s W aterfest Event scheduled for May 30, 2015 at Lake Phalen in St. Paul. Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Approval of Resolution Supporting Dedicated State Funding for City Streets Councilmember Juenemann moved to approve the Resolution Supporting Dedicated State Funding for City Streets. Resolution 15-3-1184 SUPPORTING DEDICATED STATE FUNDING FOR CITY STREETS W HEREAS, Minnesota contains over 141,000 miles of roadway, and over 22,500 miles—or 16 percent—are owned and maintained by Minnesota’s 852 cities; and W HEREAS, almost 85 percent of municipal streets are ineligible for dedicated Highway User Tax Distribution Fund dollars; and W HEREAS, the more than 700 Minnesota cities with populations below 5,000 are ineligible for dedicated Highway User Tax Distribution Fund dollars; and W HEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and W HEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property 6 March 9, 2015 City Council Meeting Minutes taxes and special assessments, have limited applications, leaving cities under- equipped to address growing needs; and W HEREAS, city cost participation in state and county highway projects diverts resources from city-owned streets; and W HEREAS, maintenance costs increase as road systems age, and no city--large or small—is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and W HEREAS, for every one dollar spent on maintenance, a road authority--and therefore taxpayers--save seven dollars in repairs; and W HEREAS, cities need greater resources, including an additional dedicated state funding source for transportation, and flexible policies in order to meet growing demands for street improvements and maintenance. NOW , THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEW OOD that the City of Maplewood supports an omnibus transportation f unding bill that provides additional dedicated state funding for city streets including funding that can be used for non-MSA city street maintenance, construction and reconstruction. ADOPTED by the City of Maplewood this 9th day of March, 2015. Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Disposal of Fire Department Vehicles and Miscellaneous Equipment Fire Chief Lukin gave the staff report. Councilmember Juenemann moved to approve the disposal of fire department vehicles and miscellaneous equipment. Seconded by Councilmember Koppen Ayes – All The motion passed. 10. Update on Removal/Sale of Unneeded Office Furniture City Manager Coleman gave the staff report. H. PUBLIC HEARING None I. UNFINISHED BUSINESS 1. Approval of Contract Partnership Agreement between the City of Maplewood and the YMCA Parks & Recreation Director Konewko gave the staff report and answered questions of the 7 March 9, 2015 City Council Meeting Minutes council. Councilmember Juenemann moved to approve the Contract Partnership Agreement with the YMCA. Seconded by Councilmember Koppen Ayes – All The motion passed. J. NEW BUSINESS 1. Approval of Liquor License Manager for Rainbow Foods, Paula A. Thoreson Citizen Services Director/City Clerk Haag gave the staff report. Councilmember Abrams moved to approve Paula A. Thoreson, Liquor License Manager for Rainbow Foods, 2501 W hite Bear Avenue. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Tennis Sanitation’s Annual Recycling Performance Review a. Approval of the 2014 Recycling Report b. Approval of the 2015 Recycling Work Plan Environmental Planner Finwall gave the staff report and answered questions of the council. David Domack, General Manager at Tennis Sanitation addressed and answered questions of the council. W illie Tennis, Owner of Tennis Sanitation addressed and answered additional questions of the council. Councilmember Juenemann moved to approve the 2014 Recycling Report. Seconded by Councilmember Abrams Ayes – All The motion passed. Councilmember Abrams moved to approve the 2015 Recycling W ork Plan. Seconded by Councilmember Cardinal Ayes – All The motion passed. 3. Approval of a Transfer Agreement with Comcast and Midwest Cable/Greatland Connections and Approval of a Resolution Conditionally Granting the Consent to the Transfer of Control of the Cable Television Franchisee and Cable Television System From Comcast to Greatland Connections City Manager Coleman gave the staff report and answered questions of the council. Tim Finnerty, Executive Director for Ramsey/W ashington Counties Cable Commission addressed the council to give additional information. Emmett Coleman, Vice President of Government Regulatory Affairs for Comcast in the Twin Cities Region addressed the council and gave additional inf ormation and answered questions. 8 March 9, 2015 City Council Meeting Minutes Councilmember Koppen moved to approve the Transfer Agreement with Comcast and Midwest Cable/Greatland Connections. Seconded by Councilmember Cardinal Ayes – Mayor Slawik, Council Members Abrams, Cardinal and Koppen Nays – Councilmember Juenemann The motion passed. Councilmember Cardinal moved to approve the Resolution Conditionally Granting the Consent to the Transfer of Control of the Cable Television Franchise and Cable Television System from Comcast to Greatland Connections. Resolution 15-3-1185 A RESOLUTION CONDITIONALLY GRANTING THE CONSENT TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISEE AND CABLE TELEVISION SYSTEM FROM COMCAST CORPORATION TO GREATLAND CONNECTIONS, INC. W HEREAS, Maplewood, Minnesota, (“Franchisor”) is a Municipal Corporation; and W HEREAS, Comcast of Minnesota, Inc., (“Franchisee”) operates a cable television system (the “System”) in Maplewood pursuant to a franchise agreement, a March 9, 1995 Memorandum of Understanding, and the April 10, 2014 Settlement Agreement (the “Franchise Documents”); and W HEREAS, the existing franchise agreement dated November 29, 1999, expired on November 28, 2014; and W HEREAS, Section 10.5 of the Franchise requires the Franchisor’s prior consent to a sale or transfer of stock so as to create a new controlling interest under Minnesota Statutes 238.083; and W HEREAS, Comcast of Minnesota, Inc., is an indirect, wholly-owned subsidiary of Comcast Corporation (“Comcast”); and W HEREAS, Comcast, as the ultimate parent corporation of Franchisee, has agreed to divest and transf er the Franchisee, following its conversion to a limited liability company, and Cable System to Midwest Cable, Inc., in a process described in the Transfer Application (the “Proposed Transaction”); and W HEREAS, immediately following the closing of the Proposed Transaction, Midwest Cable, Inc., will be renamed GreatLand Connections, Inc., and, for the purposes of this Resolution, the transfer applicant will be referred to as “GreatLand” throughout; and W HEREAS, Comcast filed a Federal Communications Commission Form 394 with the Franchisor on June 18, 2014, together with certain attached materials, which documents more fully describe the Proposed Transaction and which documents, with their attachments, contain certain promises, conditions, representations and warranties (the “Transfer Application”); and W HEREAS, under the Proposed Transaction, the ultimate ownership and control of the Franchisee and the System will change, and it requires the prior written approval of the 9 March 9, 2015 City Council Meeting Minutes Franchisor; and W HEREAS, Comcast, through its subsidiaries, provided written responses to some of the data requests issued by the Franchisor or by the Ramsey W ashington Suburban Cable Commission, including directing the representatives of the Franchisor to publicly filed and available information, and information posted to Comcast Corporation and other websites (the “Data Request Responses”); and W HEREAS, Franchisee and GreatLand have signed a Transfer Agreement, dated for purposes of identification February 15, 2015, (the “Transfer Agreement”) binding on each of them, which sets forth certain agreements, guaranties, warrantied and conditions; W HEREAS, based on that agreement, and in reliance upon the representations made by and on behalf of Comcast of Minnesota, Inc, Comcast, and GreatLand, to the Franchisor, RW SCC recommended, and Franchisor is willing to grant consent to the Proposed Transaction, so long as those representations are complete and accurate and the agreement becomes fully enforceable; and W HEREAS, subject to the foregoing, the Franchisor’s approval of the Proposed Transaction is therefore appropriate if the Franchisee will continue to be responsible f or all acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) franchise renewal, and Franchisee has agreed that it will continue to be so responsible. NOW , THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEW OOD AS FOLLOW S: Section 1. The Mayor of Maplewood is authorized to sign that certain Transfer Agreement on behalf of Franchisor Section 2. The Franchisor’s consent to and approval of the Transfer Application is hereby GRANTED in accordance with the Franchise, subject to the terms and conditions of the Transfer Agreement. Section 3. This Resolution shall not be construed to grant or imply the Franchisor’s consent to any other transfer or assignment of the Franchise or any other transaction that may require the Franchisor’s consent under the Franchise Ordinances or applicable law. The Franchisor reserves all its rights with regard to any such transactions. Section 4. This Resolution is a final decision on the Transfer Application within the meaning of 47 U.S.C. § 537. Section 5. The transfer of control of the Franchisee and Franchisee from Comcast to GreatLand shall not take effect until the consummation of the Proposed Transaction. Seconded by Councilmember Koppen Ayes – Mayor Slawik, Council Members Abrams, Cardinal and Koppen Nays – Councilmember Juenemann The motion passed. 4. Union Negotiations Discussion – Police Sergeants a. Intent to Close Meeting (§ 13D.03) 10 March 9, 2015 City Council Meeting Minutes This item was heard after Council Presentations. K. AW ARD OF BIDS None L. VISITOR PRESENTATION 1. John Schmahl M. ADMINISTR ATIVE PRESENTATIONS 1. Council Calendar Update City Manager Coleman gave the update to the council calendar. N. COUNCIL PRESENTATIONS 1. Wrap up on the Multi Cultural Event Councilmember Abrams reported on the Multi Cultural Event that took place at the Maplewood Community Center on Thursday, February 26, 2015. 2. Cable Commission Update Councilmember Abrams gave a brief update on bylaws for the Cable Commission. 3. Former Mayor Les Axdahl Councilmember Cardinal mentioned that former Mayor Les Axdahl passed away on March 1, 2015 and services were held on Saturday, March 7, 2015 at Lakeview Lutheran Church. 4. Friends of the City Volunteer Coordinator Councilmember Cardinal announced that a volunteer coordinator is needed for the Friends of the City. City Manager Coleman will discuss it with the department heads to see if they can come up with some ideas. 5. Mayor’s Roundtable on Sustainable Environment Mayor Slawik reported on the Mayor’s Roundtable on Sustainability meeting she attended. 6. Senator Hearing on Transportation in Woodbury Mayor Slawik reported on the Senator Hearing on Transportation she attended that took place in W oodbury, MN. 7. Vento Trail Councilmember Juenemann reported on the calls she has been receiving about the Vento Trail and its impact with the Rush Line that is being proposed. 11 March 9, 2015 City Council Meeting Minutes 8. Union Negotiations Discussion – Police Sergeants a. Intent to Close Meeting (§ 13D.03) This item was moved from J4 to the end of Council Presentations. Assistant City Manager/Human Resource Director Funk stated that the purpose of the closed session is to discuss the status of Labor Contract Negotiations. Those present for the closed session were all member of the City Council, City Manager Coleman, Assistant City Manager/Human Resource Director Funk, and Police Chief Schnell. Councilmember Juenemann moved to go into closed session for the purpose of discussing contract negotiations. Seconded by Councilmember Koppen Ayes – All The motion passed. Mayor Slawik reopened the council meeting at 10:43 p.m. Assistant City Manager/Human Resource Director Funk gave a summary of the closed session and requested the council approve the Police Sergeants Contract. Councilmember Koppen moved to approve the Police Sergeants Contract. Seconded by Councilmember Juenemann Ayes – All The motion passed. O. ADJOURNMENT Mayor Slawik adjourned the meeting at 10:51 p.m.