HomeMy WebLinkAbout02-08-2010
MINUTES
MAPLEWOOD CITY COUNCIL
7:00p.m.,Monday,February 8, 2010
Council Chambers, City Hall
Meeting No.04-10
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:15p.m.by Mayor Rossbach.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Will Rossbach, MayorPresent
Kathleen Juenemann, CouncilmemberPresent
James Llanas, CouncilmemberPresent
John Nephew, CouncilmemberPresent
Julie Wasiluk, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added or removedfrom the agenda by the city council:
th
M1.4of July Fireworks–Mayor Rossbach
N1.National League of Citiesin Washington–Mayor Rossbach
N2.Council Management Staff Retreat–Councilmember Nephew
N3.Citizens Forum–Councilmember Nephew
F2.RemoveF2. from the agenda Ramsey/Washington Suburban Cable Commission Update
–Kim Facile –Councilmember Nephew
Councilmember Llanasmoved to approve the agenda as amended.
Seconded by Councilmember Juenemann.Ayes –All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of January 25, 2010, City Council Meeting Minutes
Mayor Rossbach had a correction on page 10,H1.,adding (Jerry Markie, Faye Peterson, and Mr.
Decker) that spoke during the public hearing but hadsigned up to speak on the Sign Ordinance
Public Hearing sheet rather than the Hills & Dales Area Street Improvement Public Hearing.
Councilmember Nephew had a clarification onpage 12 that the motion to amend the main motion
be reflectedwhich wasmade by Councilmember Nephew and seconded by Councilmember
Llanas andpassed four to onewith Councilmember Juenemann voting Nay. Also on page 38 of
the minutes,item N2.inthe last sentence correct the word panderingto panhandling.
Councilmember Juenemann had a correction to page 12 item M1.a.,the date and time of the
CouncilManager Retreat should say Friday, February 5, from 8:30 a.m.to 5 p.m.
February 8, 2010 1
City Council MeetingMinutes
Councilmember Nephewmoved to approve the January 25, 2010, City Council Meeting Minutes
as amended.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Swearing In Ceremony For New Paramedic/Firefighters Timothy Linder, Erik Kubat,
Nick Hendrickson, and Firefighters Jake Capistrant, Ken Nielsen, Robert Wyse, Zach
Hill, Jonathan Jones and Kenneth Powers.
a.Maplewood Fire Chief, Steve Lukin stated how each personbecame a
paramedic/firefighterand introduced them individually before they were sworn in by City
Clerk Guilfoile.
Each paramedic/firefighter had a loved one come forward to pintheir badgeon.
2.Ramsey/Washington Suburban Cable Commission Update –Kim Facile
(Councilmember Nephew requested that this item be removed from the agenda due to the
absence of Kim Facile)
3.Commissioner Appointments To Fill Vacancies
a.Environmental & Natural Resources
b.Planning Commission
c.Housing and Redevelopment Authority
Councilmember Nephew moved to appoint the following people to the Environmental & Natural
ResourcesCommission, Planning Commission, and Housing and Redevelopment Authority.
1.Environmental & Natural Resources Commission -Randee Edmondson, Term Expiring,
September 30, 2012
2.Planning Commission -Tanya Nuss, Term Expiring December 31, 2012
3.Planning Commission-Al Bierbaum Term Expiring December 31, 2012
4.Housing and Redevelopment Authority –Colleen Thompson, Term Expiring September
25, 2011
Seconded by Councilmember Juenemann.Ayes –All
The motion passed.
G.CONSENT AGENDA
1.Councilmember Nephewmoved to approve items1-12.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
1.Approval of Claims
February 8, 2010 2
City Council MeetingMinutes
CouncilmemberNephewmoved Approval of Claims.
ACCOUNTS PAYABLE:
$393,924.20Checks # 80423thru # 80476
Dated 01/21/10 thru 01/26/10
$ 104,786.95Disbursements via debits to checking account
Dated 01/15/10 thru 01/21/10
$667,126.66Checks # 80477thru # 80536
Dated 01/25/10 thru 02/02/10
$ 487,678.90Disbursements via debits to checking account
Dated 01/22/10 thru 01/28/10
__________________
$ 1,653,516.71Total Accounts Payable
PAYROLL
$649,292.74Payroll Checks and Direct Deposits dated 01/22/10
$ 2,229.75Payroll Deduction check #8415 thru #8513
Dated 01/22/10
___________________
$651,522.49Total Payroll
GRAND TOTAL
$ 2,305,039.20
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
2.Request Approval of 2010 Animal Control Contract
CouncilmemberNephewmoved toapprove the 2010 Animal Control Contract.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
3Resolution Accepting Donation to the Police Department From Residential Mortgage
.
Group
Councilmember Nephewmoved toapprove the $200 donation to the police department from
Residential Mortgage.
RESOLUTION 10-02-339
AUTHORIZING GIFT TO CITY
February 8, 2010 3
City Council MeetingMinutes
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, Residential Mortgage Group (RMG) wishes to grant the City of Maplewood the following:
$200, and;
WHEREAS, Residential Mortgage Grouphas instructed that the City will be required to use the
aforementioned for: use by the Police Department to directly improve the community where the donators
will be living, 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 four-fifths 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 four-fifths or more majority vote of its membership
onFebruary 8, 2010.
Signed:Signed:Witnessed:
__________________________________________________________
(Signature)(Signature)(Signature)
Mayor______________Chief of Police_________City Clerk____________
(Title)(Title)(Title)
____________________________________________________________
(Date)(Date)(Date)
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
4.Approval of Planning Commission 2009 Annual Report
Councilmember Nephewmoved toapprove the Planning Commission 2009 Annual Report.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
5.Approval of Berwald CUP Review
Councilmember Nephewmoved toapprove the Kenneth Berwald Residential Garage CUP
Review at 2080 Prosperity Road and review it again in one year.
February 8, 2010 4
City Council MeetingMinutes
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
6.Sign Ordinance Summary Public Review
Councilmember Nephewmoved toapprove the Sign Ordinance Summary Public Review to be
printed in the official newspaper.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
7.County Road D Street Improvements (McKnight To Lydia), City Project 08-20, Consider
Resolution Reducing Retainage On Existing Construction Contract
Councilmember Nephewmoved toapprove the County Road D Street Improvements (McKnight
to Lydia), City Project 08-20, Consider Resolution Reducing Retainage on Existing Construction
Contract.
RESOLUTION 10-02-340
DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT
PROJECT 08-20
WHEREAS, the City Council of Maplewood, Minnesota has previously ordered
Improvement Project 08-20,County Road D Street Improvements, and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the contractor, T.A. Schifsky and Sons, Inc., has requested, by written notice,
a reduction in contract retainage,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA thatthe retainage within the construction contract is hereby authorized to be
reduced, at the discretion of the City Engineer, from 5% to 0.5%.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
8.Approve Entering Into Contract For Residential Sanitary Sewer Cleaning And
Televising For 2010 Capital Improvement Projects
CouncilmemberNephewmoved toapprove entering into contract for residential sanitary sewer
cleaning and televising with Roto Rooter for 2010 capital improvement projects.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
9.Request Approval For Vehicle and Equipment Purchases
CouncilmemberNephewmoved toapprove the request for the vehicle and equipment purchases
under state contracts for a total cost of $181,602.28
February 8, 2010 5
City Council MeetingMinutes
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
10.Stillwater Road Improvements, City Project 09-04, Consider Approval Of Cooperative
Agreement With Mn/DOT
Councilmember Nephewmoved toapprove the resolution ratifying the approval of cooperative
agreement95693 with Mn/DOT for funding purposes of the Stillwater Road Improvements.
Changes are authorized if made by the City Attorney.
CITY OF MAPLEWOOD
RESOLUTION 10-02-338
IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No.95693 with the
State of Minnesota, Department of Transportation for the following purposes:
To provide for the advancement of ARRA funds by the State to the City for costs relating to the
grading, milling, bituminous overlay and surfacing construction and other associated construction
to be performed upon, along and adjacent to Trunk Highway No.5 from Minnehaha Avenue to
Century Avenue within the corporate City limits under State Project No.6230-28.
IT IS FURTHER RESOLVED that the Mayor and the City Clerkareauthorized to execute the
Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of
the City of Maplewood at an authorized meeting held on the 8thday of February,2010, as shown
by the minutes of the meeting in my possession.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
11.Approval of2009 Budget Carryovers
Councilmember Nephewmoved toapprove the 2009 Budget Carryovers for $153,351.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
12.Appointment To Joint Ice Arena Board
Councilmember Nephewmoved toappoint CouncilmemberWasiluk as the alternate to the Joint
Ice Arena Board.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
H.PUBLIC HEARING
None.
February 8, 2010 6
City Council MeetingMinutes
I.UNFINISHED BUSINESS
1.Approval of Ordinance Implementing Electric Franchise Fee for 2010-2015.
a.City Attorney, Alan Kantrud gave the update on the agenda report and answered
questions of thecouncil.
CouncilmemberNephewmoved to approve the Ordinance first readingfor the Electric Franchise
fee for 2010-2015.
ORDINANCE NO. 898
AN ORDINANCE IMPLEMENTING ANELECTRIC 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 continue to impose a franchise fee on those public utility companies that
provide electric services within the City of Maplewood.
(a)Pursuant to City Ordinance 852, memorializing 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 Agreement and in thefee schedule attached hereto as Schedule
A.
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 franchisein accordance with the schedule attached hereto and made a part of
this Ordinance, commencing with the Xcel Energy March, 2010 billing month. Sixty days written
notice to Xcel Energy of the increase and resolution of intent to modify rates having been
accomplished in December, 2009.
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
February 8, 2010 7
City Council MeetingMinutes
appropriate fee. In the event a question 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
accordancewith 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
whendue 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 tothe 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. A resolution, passed and certified, of intent to modify rates and
proposed Ordinance was sent sixty (60) days prior to the proposed date of rate modification.
Collection of the fee shall commence as provided in Subdivision 2.
Subdivision 8. Sunset Clause.
This ordinance shall automatically sunset on February
28, 2015, unless the City Council acts to renew or extend the fee at least six (6) months prior to
the sunset date. The City Council may unilaterally renew or extend the fee on the same terms
and conditions. Without waiver of any rights under Minnesota law, the City Council shall seek
agreement from Company if the City intends to change the fee rate or fee design.
Subdivision 9. Repeal of prior Implementing Ordinance
. By adoption of this
Ordinance, the previous implementation Ordinance, numbered 854, passed September 27, 2004,
is hereby repealed.
Passed and approved: February 8, 2010.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
Councilmember Juenemann moved to waive the Second Readingof the Ordinance for the
Electric Franchisefee for 2010-2015.
Seconded by Councilmember Llanas.Ayes –All
The motion passed.
J.NEW BUSINESS
1.Home Occupation Request For Hair Salon –Joan Vellieux, 2316 Hoyt Avenue.
February 8, 2010 8
City Council MeetingMinutes
a.Community Development & Park Director, DuWayne Konewko gave the report.
1.Joan Vellieux, Maplewood,addressed the council.
Councilmember Nephewmoved to approve the home occupation request for hair salon for Joan
Vellieux, 2316 Hoyt Avenuewith the following conditions:
1.Meeting all conditions of the city’s home occupation ordinance. This includes that the area of
the home occupation is limited in size to 20 percent of the floor area of the house.
2.Customer hours for this home occupation are limited from 9 a.m. to 9 p.m., Monday through
Saturday.
3.There shall be no more than 25 customers visiting the home per week.
4.All customers or visitors to the business shall park on the driveway.
5.Provide a five-pound ABC dry chemical fire extinguisher in the room.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
2.Consider Approval Of Recommendations For Fish Creek Natural Area Greenway
a.Natural Resources Coordinator, Ginny Gaynorgave the report and answered questions of
the council.
Mayor Rossbach asked if anyone wanted to address the council.
1.Ron Cockriel, Maplewood, addressed the council.
Councilmember Nephewmoved to approve the recommendations for Fish Creek Natural Area
Greenway.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
3.Request Approval To Purchase Audio & Video Recording Equipment For Police
Department Interview Rooms
a.Maplewood Fire Chief, Dave Thomalla gave the report.
CouncilmemberJuenemannmoved to approve the purchase of audio & video recording
equipment for Police department interview rooms.
Seconded by CouncilmemberWasiluk.Ayes–All
The motion passed.
4.Request Approval To Purchase Four Additional In-Squad Video Systems
a.Maplewood Fire Chief, Dave Thomalla gave the report.
Councilmember Juenemannmoved to approve the purchase of four additional in-squad video
systems from L-3Communications Mobile-Vision, Inc.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
February 8, 2010 9
City Council MeetingMinutes
5.Rice/TH 36 Interchange Improvements, City Project 09-07, Resolution Accepting Report
And Calling A Public Hearing
a.Deputy Public Works Director, City Engineer, Michael Thompson gave the report and
answered questions of the council.
Councilmember Nephewmoved to approve the Rice/TH 36 Interchange Improvements, City
Project 09-07, Resolution Accepting Report and Calling a Public Hearing.
RESOLUTION 10-02-341
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
rd
WHEREAS, pursuant to resolution of the council adopted November 23, 2009, a report
has been prepared by the city engineering divisionor its representativewith reference to the
improvement of the Rice/TH 36 InterchangeImprovements, City Project 09-07, and this report
th
was received by the council on February 8, and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1.The council will consider the interchangeimprovement of Rice/ TH 36 Interchange
Improvementsin accordance with the report and the assessment of abutting property for all or a
portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an
estimated total cost of the improvement of $26,970,000with special assessments estimated at
$191,500.
nd
2.A public hearing shall be held on such proposed improvement on the 22day of
February, 2010in the council chambers of city hall at 7:00p.m., and the clerk shall give mailed
and published notice of such hearing and improvement as required by law.
th
Approved this 8day of February 2010.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
6.Consider Adoption Of the Special Assessment Policy
a.Deputy Public Works Director, City Engineer, Michael Thompson gave the report and
answered questions of the council.
b.City Attorney, Alan Kantrud answered questions of the council.
c.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the
council.
Councilmember Nephewmoved to approve the Special Assessment Policy for the City of
Maplewoodwith changes during the council discussion noted by staff.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
K.VISITOR PRESENTATIONS
February 8, 2010 10
City Council MeetingMinutes
1.Mark Bradley,Maplewood.Mr. Bradley requested that Visitor Presentations be moved to the
beginningof the city council meeting.
2.Bob Zick, North St. Paul.Mr. Zick gave the definition of “political”. Mr. Zick commented on the
council management retreat on February 5, 2010 and the speaker Barb Strandel.
L.AWARD OF BIDS
None.
M.ADMINISTRATIVE PRESENTATIONS
th
1.4of July Fireworks–
th
a.City Manager, James Antonenreminded the council that July 4fireworks were not in the
2010 budget and inquired if the city council was interested in holding the event with
reserve funds. No action was taken.
N.COUNCIL PRESENTATIONS
1.National League of Cities in Washington
–MayorRossbach
a.Mayor Rossbach said he would be interested in attendingthe National League of Cities
Congressional City Conferenceis in Washington March 13-17, 2010.
b.City Manager, James Antonen addressed the council on this subject matterand indicated
that hewould be attending and recommended that Mayor Rossbach attend as well as
another city council member if possible.
The council supported Mayor Rossbach and City Manager Antonen attending the conference
along with Councilmember Juenemann if her schedulepermits.
2.Council Management Retreat–Councilmember Nephew
a.Councilmember Nephew reviewed the goals discussed at the Council Management
Retreat of February 5, 2010, at the Clarence Street firestation. Councilmember Nephew
enjoyed the retreat and felt it was very worthwhileand good government sharedwith staff
and the council.
b.Councilmember Juenemann agreed that the retreat was very worthwhile and felt it was
important to come together as a team.
3.Citizens Forum–Councilmember Nephew
a.Councilmember Nephew discussed the Citizens Forum heldSaturday, February 6, 2010,
and the topic ofEconomic Development.
b.Mayor Rossbach reminded everyone that thenext Citizens Forum will be held Saturday,
March 6, 2010, at Fire Station Number 4at 2501 Londin Lane.
O.ADJOURNMENT
Mayor Rossbachadjourned the meeting at 9:30p.m.
February 8, 2010 11
City Council MeetingMinutes