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
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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.
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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
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$ 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
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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
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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
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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.
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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
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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)
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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.
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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.