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HomeMy WebLinkAbout11-22-2010 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,November 22, 2010 Council Chambers, City Hall Meeting No.24-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03p.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 the council. N1.Holiday –CouncilmemberJuenemann. CouncilmemberLlanasmoved to approve the agenda as amended. Seconded by Councilmember Juenemann.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of November 1, 2010, City Council Workshop Minutes Councilmember Juenemannmoved to approve the November 1, 2010, City Council Workshop Minutes as submitted. Seconded by Councilmember Nephew.Ayes –All The motion passed. 2.Approval of November 8, 2010, City Council Workshop Minutes Councilmember Juenemannmoved to approve the November 8, 2010, City Council Workshop Minutesas submitted. Seconded by Councilmember Koppen.Ayes –All The motion passed. 3.Approval of November 8, 2010, City Council Meeting Minutes November 22, 2010 1 City Council MeetingMinutes Councilmember Nephewmoved to approve the November 8, 2010, City Council Meeting Minutes as submitted. Seconded by Councilmember Koppen.Ayes –All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Certificates of Appreciation for Girl Scouts –Mayor Rossbach Girl Scouts, Laura Chandler and Sarah Mittelstadt,introduced themselves and gave a presentation to the council regarding the projects they worked on at the Maplewood Nature Center. Councilmember Nephew moved to approve the resolution certificates of appreciation for the girl scouts. Whereas Maplewood wishes to encourage and recognize civic participation by young adults and Whereas Laura Chandler and Sarah Mittelstadt are Girl Scouts who fulfilled the requirements of the Girl Scout Gold Award, the highest and most prestigious award Girl Scouts can receive and Whereas Laura and Sarah attended workshops and researched ideas and materials for building a natural playground at the Maplewood Nature Center and Whereas Laura and Sarah devoted over 80 hours each to complete the construction of a natural playground at the Nature Center and Whereas the playground incorporates natural building products and encourages the use of senses to explore nature and have fun Now therefore I Mayor,Will Rossbach,as authorized by the Maplewood City Council,do extend the city’s appreciation and gratitude for your creativity, citizenship, and hard work to improve our community and provide for years of recreation for children at the Maplewood Nature Center. Seconded by Councilmember Juenemann.Ayes –All The motion passed. G.CONSENT AGENDA 1.Councilmember Juenemannmoved to approve items1-13. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 1. Approval of Claims Councilmember Juenemannmoved Approval of Claims. November 22, 2010 2 City Council MeetingMinutes ACCOUNTS PAYABLE: $77,272.23Checks #82675thru #82736 Dated 11/2/10 thru 11/9/10 $ 336,942.76Disbursements via debits to checking account Dated 11/01/10 thru 11/05/10 $102,292.08Checks #82737thru #82959 Dated 11/08/10 thru 11/16/10 $ 150,542.27Disbursements via debits to checking account Dated 11/08/10 thru 11/12/10 __________________ $ 667,049.34Total Accounts Payable PAYROLL $499,061.33Payroll Checks and Direct Deposits dated 11/12/10 $ 2,392.75Payroll Deduction check #1009658thru #1009640 dated 11/12/10 ___________________ $501,454.08Total Payroll GRAND TOTAL $ 1,168,503.42 Seconded by Councilmember Koppen.Ayes –All The motion passed. 2.Request Approval of 2011 Youth Service Bureau Agreement Councilmember Juenemannmoved toapprove the 2011 service agreement with the youth service bureau. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 3.Approval of 2010 Payment to Firefighters Pension Fund CouncilmemberJuenemannmoved toapprove the city’s annual payment to the firefighters’ pension fund in the amount of $261,979.00 Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 4.Resolution approving Certification of Special Assessments for Unpaid Ambulance Bills November 22, 2010 3 City Council MeetingMinutes CouncilmemberJuenemannmoved toapprove the resolution certifying $18,925.81 of unpaid ambulance bills for collection with 2011 property taxes which includes interest at the rate of ten percent on the total amount for one year. RESOLUTION 10-11-487 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following ambulance bills totaling $17,704.99for collection with the taxes of said property owner for the year 2010, collectible in 2011, which includes interest at the rate of ten percent (10%) on the total amountfor one year. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 5.Resolution approving Certification of Special Assessments for Unpaid Miscellaneous Charges Councilmember Juenemannmoved toapprove the resolution adopting $19,001.13 ofunpaid miscellaneous charges for collection with 2011 property taxes which includes interest at the rate of ten percent on the total amount for one year. RESOLUTION 10-11-488 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following miscellaneous charges totaling $19,001.13 for collection with the taxes of said property owner for the year 2010, collectible in 2011, which includes interest at the rate of ten percent (10%) on the total amountfor one year. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 6.Approval of Livable Communities Act (LCA) –Housing Action Plan Councilmember Juenemannmoved toapprove the housing action plan in order to satisfy the requirement of the Metropolitan Livable communities Act Local Housing Incentives Account Program. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 7.Approval of Conditional Use Permit Termination, T-Mobile Monopole, 2220 Edgerton Street North Councilmember Juenemannmoved toapprove the resolution terminating the conditional use permit for a 75-foot tall telecommunications monopole since substantial progress has not been made within the required timeframe meaning the permit is null and void. CONDITIONAL USE PERMIT TERMINATION RESOLUTION 10-11-489 November 22, 2010 4 City Council MeetingMinutes WHEREAS, Mr. Paul Harrington, representing T-Mobile,received approval from the Maplewood City Council on November 24, 2008, for a conditional use permit allowing for a 75-foot tall telecommunications monopole at 2220 Edgerton Street North. WHEREAS, Mr. Harringtonsubsequently notified the City of Maplewood staff on November 12, 2010,that T-Mobile has halted all pending projects due to financial constraints and will not be able to make substantial progress within the required timeframe making the conditional use permit null and void. WHEREAS, this permit applies to the property at 2220 Edgerton Street North. The legal description is: EX S 604 13/100 FT THE W 429 FT OF SW 1/4 OF SE 1/4 (SUBJ TO HWYAND ST) IN SEC 8 TN 29 RN 22 WHEREAS, the history of this conditional use permit termination is as follows: 1.On November 22, 2010 the city council terminated this conditional use permit since the applicant, T-Mobile, has not started construction on a proposed telecommunications monopole located at 2220 Edgerton Street North. NOW, THEREFORE, BE IT RESOLVED that the city council terminates the above-described conditional use permit because T-Mobile will not make substantial progress in starting construction on a telecommunications monopole within the required . The Maplewood City Council passed this resolution of termination on November 22, 2010. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 8.Approval of authorization to Complete Audio/Video Updates in Council Chambers Councilmember Juenemannmoved toapprove the proposed audio and video updates in the council chambers. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 9.Approval of Traffic Signal Maintenance Agreements with Ramsey County, City of Woodbury and Washington County, Century Avenue Improvements, City Project 03-15 Councilmember Juenemannmoved toapprove the traffic signal maintenance agreements for the traffic control signals located at the intersections of Century Avenue at Upper Afton Road and Century Avenue at Lower Afton Road, and direct the mayor and city manager to sign the agreements signifying city council approval. Minor revisions as approved by the City Attorney are authorized as needed for the agreements. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 10.Approval of Special Assessment Settlement Agreement for 3065 White Bear Avenue/County Road D Improvements, City Project 08-13 November 22, 2010 5 City Council MeetingMinutes CouncilmemberJuenemannmoved toapprove the settlement agreement for 3065 White Bear Avenue and authorize the Assistant City Manager and city Attorney to sign the agreement. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 11.Approval of Resolution Directing Modification of Existing Construction Contract, Supplemental Agreement No. 3, White Bear Avenue/County Road D Improvements, Project 08-13 Councilmember Juenemann moved toapprove the resolution directing modification of existing construction contract supplemental agreement No. 3 for city project 08-13. RESOLUTION 10-11-490 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08-13, SUPPLEMENTAL AGREEMENT NO. 3 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered improvements to Project 08-13, White Bear Ave / County Rd D Improvements, and has concurred with a contract let by Ramsey County and in accordance to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as CityProject 08-13 including Supplement Agreement No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The Mayor and City Engineer are hereby authorized and directed to modify the existing contract by executing said Supplemental Agreement No. 3 which is an increase of $595.20. nd Adopted by the Maplewood City Council on this 22day of November 2010. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 12.Approval of Agreement Between the Maplewood Community Center and Ashland Performing Arts Councilmember Juenemannmoved toapprove the contract with Ashland to make them the resident theatre group of the Maplewood Community Center for a five year duration beginning January 1, 2011 and running through December31, 2015. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 13.Resolution Approving Certification of Special Assessment for Unpaid SAC Fees for 27 Century Avenue Councilmember Juenemannmoved toapprove the resolution approving certification of special assessment for unpaid SAV fees for 27 Century Avenue North. November 22, 2010 6 City Council MeetingMinutes RESOLUTION 10-11-491 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County SAC charges in the amount of $13,750.00 for collection with the taxes for the property located at 27 Century Avenue North (PIN 01-28-22-14-0105), per the signed agreement between the City and the property owner. The assessment is to be paid over a fifteen (15) year period at an interest rate of 6%. nd Adopted by the council on this 22day of November 2010. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. H.PUBLIC HEARING 1.Markham Pond Retaining Wall, Project 05-18 a.Assessment Hearing, 7:00 p.m. b.Resolution Adopting Assessment Roll 1.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Mayor Rossbach opened the public hearing. No onecame forward to address the council. Mayor Rossbach closed the public hearing. Councilmember Nephewmoved toapprove the resolution for the adoption of the assessment roll for the Markhampond retaining wall, city project 05-18. RESOLUTION 10-11-492 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on November 8, 2010, calling for a Public Hearing, the assessment roll for the Markham Pond Retaining Wall, City Project 05-18, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.The assessment roll for the Markham Pond Retaining Wall, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.Such assessments shall be payable in equal annual installments extending over a period of 8 years, the first installments to be payable on or before the first Monday in January 2011 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2011. To each subsequent installment when due shall be added interest for one year on all unpaid installments. November 22, 2010 7 City Council MeetingMinutes 3.The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than December 22, 2010, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after December 22, 2010, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4.The city engineer and city clerk shall forthwith after December 22, 2010, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. nd Adopted by the council on this 22day of November 2010. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 2.Tax Exempt Revenue Bond Financing –Hill Murray Foundation for Hill-Murray High School a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council. b.Mary Ippel,Counsel at Briggs and Morgan,addressed and answered questions of the council. c.JacquieLaMonica, CFO,Hill Murray High School, addressed the council. Mayor Rossbach opened the public hearing. No one came forward to address the council. Mayor Rossbach closed the public hearing. Councilmember Llanasmoved toapprove the resolution approving $6,000,000.00 in tax-exempt financing for Hill-Murray High School at 2625 Larpenteur Avenue. Extract of Minutes of a Meeting of the City Council of theCity of Maplewood, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly held in the City on Monday, November 22, 2010, at 7:00 o'clock P.M. The following members were present:All and the following were absent:None During said meeting Councilmember Llanas introduced the following resolution and moved its adoption: RESOLUTION 10-11-493 RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE November 22, 2010 8 City Council MeetingMinutes EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE, SERIES 2010 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (HILL-MURRAY SCHOOL PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Koppen, and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: All and the following voted against the same:None whereupon said resolution was declared duly passed and adopted. RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE, SERIES 2010 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (HILL-MURRAY SCHOOL PROJECT) WHEREAS, (a)Minnesota Statutes, Chapter 469.152 to 469.1651 (the "Act") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b)Factors necessitating theactive promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to education and employment opportunities for such population; (c)The City of Maplewood, Minnesota (the "City") proposes to refinance the outstanding principal balance of its $3,300,000 Educational Facilities Revenue Note, Series 2005 (Hill- Murray School Project) issued by the Housing and Redevelopment Authority of the City of Maplewood, Minnesota (the "Authority") and certain additional conventional loans procured by Hill-Murray School (the "School") (collectively, the "Prior Obligations") used to finance (i) the acquisition of approximately 40 acres of land which is the current footprint of the School, along with an additional 4 acres of land located at 2625 Larpenteur Avenue East in the City, (ii)construction and equipping of an athletic facility, and (iii) construction and equipping of an auditorium (collectively, the "Project") for Hill-Murray Foundation, a Minnesota nonprofit corporation (the "Borrower"). (d)The Borrower desires to refund the Prior Obligations through the City's issuance of the Educational Facilities Revenue Refunding Note, Series 2010 (the "Note") in a principal amount not to exceed $6,000,000. BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "City"), as follows: SECTION 1.LEGAL AUTHORIZATION AND FINDINGS . 1.1Findings. The City hereby finds, determines and declares as follows: November 22, 2010 9 City Council MeetingMinutes (a)The City is a political subdivision of the Stateof Minnesota and is authorized under the Act to assist the revenue producing project herein referred to, and to issue and sell the Note, as hereinafter defined, for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. (b)The issuance and sale of the Note by the City, pursuant to the Act, is in the best interest of the City, and the City hereby determines to issue the Note and to sell the Note to Premier Bank (the "Lender"), as provided herein. The City will loan the proceeds of the Note (the "Loan") to the Borrower in order to refinance the Prior Obligations. (c)Pursuant to a Loan Agreement (the "Loan Agreement") to be entered into between the City and the Borrower, the Borrower has agreed to repay the Note inspecified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and the Borrower deem necessary or desirable for the refinancing of the Prior Obligations. A draft of the Loan Agreement has been submitted to the City Council. (d)Pursuant to a Pledge Agreement to be entered into between the City and the Lender, the City has pledged and granted a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses). A draft of the Pledge Agreement has been submitted to the City Council. (e)The Note will be a special limited obligation of the City. The Note shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. (f)It is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of refinancing the Prior Obligations. SECTION 2.THE NOTE. 2.1Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form submitted to the City with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total aggregate principal amount of the Note that may be outstanding hereunder is expressly limited to $6,000,000, unless a duplicate Note is issued pursuant to Section 2.7. The Note shall bear interest at a rate not to exceed 6% per annum. 2.2The Note. The Note shall be dated as of the date of delivery to the Lender, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2.3Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and Manager and shall be sealed with the seal of the City; provided that the seal may be intentionally omitted as provided by law. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the Manager such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further actor authorization of the City Council execute and deliver the Note. November 22, 2010 10 City Council MeetingMinutes 2.4Delivery of Initial Note . Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1)an executed copy of each of thefollowing documents: (a)the Loan Agreement; (b)the Pledge Agreement; (2)an opinion of Counsel for the Borrower as prescribed by the Lender and Bond Counsel; (3)the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4)a 501(c)(3) determinationletter from the Internal Revenue Service evidencing that the Borrower is exempt from income taxation under Section 501(c)(3) of the Code; (5)such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. 2.5Disposition of Note Proceeds. Upon delivery of the Note to the Lender, the Lender shall, on behalf of the City, advance the proceeds of the Note to the City to prepay the Prior Obligations on the date the Note is issued (the "Refunding"). 2.6Registration of Transfer. The City will cause to be kept at the office of the City Manager a Note Register in which, subject to such reasonable regulations as it may prescribe, the Cityshall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Manager, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received ___________ hereby sells, assigns and transfers unto ________________ the within Note of the City of Maplewood, Minnesota, and does hereby irrevocably constitute and appoint ___________________ attorney to transfer such Note on the books of said City with full power of substitution in the premises. The undersigned certifies that the transfer is made in accordance with the provisions of Section 2.9 of the Resolution authorizing the issuance of the Note. Dated: Registered Owner Upon such transfer the City Manager shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note. 2.7Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. November 22, 2010 11 City Council MeetingMinutes 2.8Ownership of Note . The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2.9Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except (i) in amounts not less than $100,000, (ii) to not more than 35 persons each of whom have knowledge and experience in financial business matters and that are capable of evaluating the merits and rules of the investment in the Note and are not purchasing for more than one account or with a view to distributing the Note or their interest therein. Any such sale, assignment or participation shall also be (i) in full good faith compliance with all securities registration, broker, anti-fraud and other provisions of the applicable state and federal laws, (ii) with full and accurate disclosure of all material facts to the prospective purchaser(s) or transferee(s), and (iii) under effective federal and state registration statements (which neither the City nor the Borrower shall in any way be obligated to provide) or under exemptions from such registrations. 2.10Issuance of New Notes . Subject to the provisions of Section 2.9, the City shall, at the request and expense of the Lender, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. SECTION 3.MISCELLANEOUS . 3.1Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 3.2Authentication of Transcript . The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 3.3Authorization to Execute Agreements. The forms of the proposed Loan Agreement and the Pledge Agreement are hereby approved in substantially the form heretofore presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel and the City Attorney prior to the execution of the documents, and the Mayor and Manager of the City are authorized to execute the Loan Agreement and the Pledge Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the Manager such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the CityCouncil do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. November 22, 2010 12 City Council MeetingMinutes 3.4Headings; Terms. Paragraph headings in this resolution are for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provisions hereof. Capitalized terms used, but not defined, herein shall have the meanings given them in, or pursuant to, the Note documents. Adopted by the City council of the City of Maplewood, Minnesota, this 2nd day of November, 2010. _____________________________ Mayor ATTEST: ______________________________________ City Manager STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Manager of the City of Maplewood, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to a resolution authorizing the issuance of a revenue refunding note. WITNESS my hand this 22ndday of November, 2010. _____________________________________ Manager Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 3.Commercial Use Antennas and Towers Ordinance Amendment –(First Reading) a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council. Mayor Rossbach opened the public hearing. No one came forward to addressthe council. Mayor Rossbach closed the public hearing. Councilmember Nephewmoved toapprove the (first reading) for the Commercial Use Antennas and Towers Ordinance as recommended by the planning commission. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. I.UNFINISHED BUSINESS November 22, 2010 13 City Council MeetingMinutes 1.Resolution for Adoption of 2011 Recreation Fees a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report. b.Park & Recreation Director, DuWayne Konewko addressed the council. Councilmember Koppenmoved toapprove the resolution adopting the 2011 Recreation fees. RESOLUTION 10-11-494 ADOPTION OF THE 2011 RECREATION FEES WHEREAS, the City of Maplewood has established Recreation Fees, and WHEREAS, city staff has reviewed the Recreation Fees, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The updated Recreation Fees with a 5% increase shall become effective beginning January 1,2011; 2.The Recreation Fees will be reviewed by staff on an annual basis with recommendations for revision broughtto the city council for consideration. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 2.Resolution for Adoption of St. Paul Water Surcharge Rate for 2011 a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report. CouncilmemberKoppenmoved toapprove the resolution authorizing the St. Paul Water Surcharge Rate for 2011. RESOLUTION 10-11-495 ADOPTION OF THE 2011 ST. PAUL WATER SURCHARGE RATES WHEREAS, the City of Maplewood has established water surcharge rates for the St. Paul Water Service District, and WHEREAS, city staff has reviewed the water surcharge rates for the St. Paul Water District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The updated water surcharge rates for the St. Paul Water District shall become effective beginning January 1, 2011, with fees set as follows: 4% of the St. Paul water charge. 2.The updated water surcharge rates for the St. Paul Water District are approved for all related water services received on or after January 1, 2011. 3.The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. November 22, 2010 14 City Council MeetingMinutes Seconded by Mayor Rossbach.Ayes –All The motion passed. 3.Resolution for Adoption of Ambulance Rates for 2011 a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report. CouncilmemberNephewmoved toapprove the resolution setting ambulance rates for 2011. RESOLUTION 10-11-496 ADOPTION OF THE 2011 AMBULANCE RATES WHEREAS, the City of Maplewood has established ambulance rates, and WHEREAS, city staff has reviewed the ambulance rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The updated ambulance rates with a 10% increase shall become effective beginning January 1, 2011, with rates set as follows: Non-transport$ 583.00 Basic life support1,540.00 Advanced life support 12,024.00 Advanced life support 22,233.00 Charge per mile 19.98 2.The updated ambulance rates are approved for all related ambulance runs received on or after January 1, 2011. 3.The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 4.Resolution for Adoption of 2011 Recycling Fees a.Park & Recreation Director, DuWayne Konewko gave the report and answered questions of the council. Councilmember Nephewmovedtoapprove the resolution for adoption of the 2011 recycling fees. RESOLUTION 10-11-497 ADOPTION OF THE 2011 RECYCLING FEES WHEREAS, the City of Maplewood has established Recycling Fees, and WHEREAS, city staff has reviewed the Recycling Fees, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The updated Recycling Fees with a 5% increase shall become effective November 22, 2010 15 City Council MeetingMinutes beginning January 1,2011, with monthly fees set at $2.22 and quarterly fees set at $6.66. 2.The Recycling Fees will be reviewed by staff on an annual basis with recommendations for revision brought to the city council for consideration. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 5.Resolution for Adoption of Environmental Utility Fund Rates for 2011 a.Assistant City Manager, Public Works Director, Chuck Ahl gave the reportand answered questions of the council. 1.Diana Longrie, Maplewoodspokeregarding the Environmental Utility Fund rates for 2011. Councilmember Juenemannmoved toapprovethe resolution adopting a 10% increase in rates for the environmental utility fundfor 2011. RESOLUTION 10-11-498 ADOPTION OF THE 2011 ENVIRONMENTAL UTILITY FUND RATES WHEREAS, the City of Maplewood has established Environmental Utility Fundrates, and WHEREAS, city staff has reviewed the Environmental Utility Fund rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The updated Environmental Utility Fund rates with a 10% increase shall become effective beginning January 1, 2011, with quarterly rates set at $17.13 ($5.71 per month). 2.The updated Environmental Utility Fund rates are approved for all related charges received on or after January 1, 2011. 3.The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 6.Resolution for Adoption of Sanitary Sewer Rates for 2011 a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. Councilmember Koppenmoved toapprove the resolution for the adoption of sanitary sewer rates for 2011. RESOLUTION 10-11-499 ADOPTION OF THE 2011 SANITARY SEWER RATES WHEREAS, the City of Maplewood has established sanitary sewer rates, and WHEREAS, city staff has reviewed the sanitary sewer rates. November 22, 2010 16 City Council MeetingMinutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The updated sanitary sewer rates with a 7% increase shall become effective beginning January 1, 2011, with fees set as follows: St. Paul Billing District: Rate per 100 cubic feet$2.74 Minimum Charge (per quarter) $15.40 North St. Paul, Roseville, Little Canada and Woodbury Billing Districts: Rate per 1,000 gals.$3.66 Minimum Charge (per quarter)$15.40 2.The updated sanitary sewer rates are approved for all related sanitary sewer services received on or after January 1, 2011. 3.The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 7.Consider Contract Revisions for Installation of Solar Panel Array at Maplewood Community Center a.City Attorney, Alan Kantrud gave the report and answered questions of the council. table Councilmember Juenemannmoved tothe contract revisions for the Solar Panel Array at the Maplewood Community Center until December 13, 2010,so that the City Attorney can get further information resolved. Seconded by CouncilmemberKoppen.Ayes –All table The motion to passed. J.NEW BUSINESS 1.Call for Special Work Session November 29, 2010, for the Purpose of Conducting Commissioner Interviewsat 5:15 p.m. a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report. Mayor Rossbachmoved toapprove calling for a special work session Monday, November 29, 2010, at 5:15 p.m.This work session will be for the purpose of continuing interviews of candidates from the November 22 meeting to fill 7 positions on the Police Civil Services Commission, Business and Economic Development Commission and Planning Commission. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. November 22, 2010 17 City Council MeetingMinutes 2.Consider Approval of Settlement Agreement for Condemnation of Property with Azure Propertiesat County Road D/Hazelwood –City Project 02-07 a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. CouncilmemberKoppenmoved toproceed with the settlement agreement for condemnation of property with Azure Properties regarding the property at County Road D/Hazelwood for City Project 02-07. Seconded by Mayor Rossbach.Ayes –All The motion passed. K.VISITOR PRESENTATIONS 1.Dave Schelling, Maplewood.Mr. Schelling discussed organized trash hauling at length and asked the council why they are pursuing the idea. He suggested they just leave it as it is. 2.Diana Longrie, Maplewood.Ms. Longrie inquired about repairs being made to a lift station located near her home and wanted to know if she should be concernedabout it not working properly. Deputy Public Works Director, Michael Thompson stated they are changing out the pumpsin the station.Ms. Longrie also stated that her driveway is down the hill from thelift stationand that it is her private drive and requested that the city workersuse the service road not her driveway. Ms. Longrie stated she wasn’t surprised about news that the city will be closing fire stations. 3.Robert Martin, Maplewood.Mr. Martin spoke on behalf of the State Council of Black Minnesotans in St. Paulregarding the council workshop implementing the Human Rights Commission. Hepresented the letter from the State Council of Black Minnesotans to the councilwhich Mayor Rossbach read it aloud. 4.Bob Zick, North St. Paul.Mr. Zick stated he felt the city council minutes should accurately reflect what was saidduring visitor presentations.He also spoke about the differences between the Eureka Recycling contract verses the Tennis Recycling contract. 5.Tim Kinley, Maplewood.Mr. Kinley spoke about organized trash hauling,recycling and government regulations. He stated the citycan’t force people to use recycling if they aren’t going torecycle and or pay for recycling through a certain companychosen by the city. He also gave an opinion of the Domestic Partnership Ordinance and charging for the registration to be recognized as domestic partners. 6.Constance Beutel, California.Ms. Beutel is a former Maplewood resident;She wanted to give thanks to Maplewood PoliceOfficer Fong for some assistance he offered her with a vehicle. She thanked the city for the new walkway along Stillwater Avenue that improved safety and enhancedthe neighborhood. She urged the City of Maplewood to lower green house gas emissions and wants communities to work together on this problem. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS November 22, 2010 18 City Council MeetingMinutes 1.Report on Progress on City Council Goals A.City Manager, James Antonen gave areport and answered questions of the council. B.Assistant City Manager, Public Works Director, Chuck Ahl gave several reports, addressed and answered questions of the council. C.Park & Recreation Director, DuWayne Konewko gave a report andaddressed the council. D.Environmental Planner, Shann Finwall gave a report and addressed the council. E.City Engineer, Deputy Public Works Director, Michael Thompson gave a report and addressed the council. a.Restore Reputation of Maplewood b.Good Government c.Parks and Recreation Department d.Environmental Planning/Sustainability e.Fiscal Responsibility f.Infrastructure g.Redevelopment Plan N.COUNCIL PRESENTATIONS 1.Holiday – Councilmember Juenemannwished everyone a nice Thanksgiving holiday. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 9:52p.m. November 22, 2010 19 City Council MeetingMinutes