Loading...
HomeMy WebLinkAbout03-23-2009 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, March 23, 2009 Council Chambers, City Hall Meeting No. 07-09 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order by Mayor Longrie at 6:50 p.m. due to the Council Manager Workshop going over. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA The following items were added or tabled to the agenda. Under Council Presentations H1. Expression of Appreciation – Councilmember Juenemann H2. Rush Line Corridor – Councilmember Rossbach H3. N.E.S.T. – Councilmember Rossbach H4. Legacy Grant Program – Mayor Longrie H5. Lakeland Construction Finance LLC – Mayor Longrie H6. National League of Cities Conference – Mayor Longrie H7. Website Corrections – Mayor Longrie Under New Business: L1. Rezoning Request – R-1R, Rural Single-Dwelling Residence District, to R-1S, Small Lot Single-Dwelling District, Saint Clair Hills, East of 2510 Carver Avenue - To Be Tabled per the request of the applicant Under Consent Agenda: M3. Ferndale-Geranium Area Street Improvements, Project 07-14, Resolution Approving Final Payment and Acceptance of Project (Includes change Order No. 4) - Tabled M4. Carsgrove Meadows Area Street Improvements, Project 08-10 - Tabled Councilmember Hjelle moved to approve the agenda as amended. Seconded by Councilmember Nephew. Ayes – All The motion passed. E. APPROVAL OF MINUTES March 23, 2009 1 City Council Meeting Minutes Approval of March 2, 2009, Special Council Workshop Minutes. Councilmember Hjelle moved to approve the March 2, 2009, Special Council Workshop Minutes as submitted. Seconded by Councilmember Nephew. Ayes – All The motion passed. Approval of March 2, 2009, City Council Workshop Minutes. Councilmember Nephew had a correction to page 1, item D 2. 2. the spelling of Mark Gurnis should be Gernes. Councilmember Nephew moved to approve the March 2, 2009, City Council Workshop Minutes as amended. Seconded by Councilmember Hjelle. Ayes – All The motion passed. Approval of March 9, 2009, City Council Meeting Minutes. Mayor Longrie had a clarification on page 2 in the minutes or page 9 of 220 in the council packet. In item F. 2., the last sentence should be clarified that Councilmember Rossbach (not the council) informed Ms. Baier that was not the intent of the Wood Smoke Task Force. On page 3 of the minutes, or on page 10 of 220, G. 1. a., delete the sentence Mr. Antonen was welcomed with cake that was served in the lobby during the council meeting. Councilmember Nephew had a clarification to page 29 of the minutes, or page 36 of 220. Item H. 2. Fish Creek in the first sentence, after the words, he would like, insert the words (the council) Mayor Longrie had a clarification to the wording on page 29, Item H. 4., it should read: She also mentioned doing research on this option when a new phone system is proposed and set forth in the capital improvement plan in the future budget. Councilmember Nephew moved to approve the March 9, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Juenemann. Ayes – All The motion passed. F. VISITOR PRESENTATIONS – PART I 1. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick discussed the weight and burden of government and the number of police a city requires. He discussed the cost of adding police personnel and the responsibility of having an assistant police chief and the cost of that to the city. 2. Dave Schilling, 1955 Greenbrier, Maplewood. Mr. Schilling spoke regarding a previous council meeting where a resident discussed recreational fires and the concerns he has March 23, 2009 2 City Council Meeting Minutes with the wording the smoke task force is working on for the ordinance. Councilmember Rossbach addressed the issues that were raised by Mr. Schilling. Mr. Schilling discussed the spending in Ramsey County and asked how Maplewood plans to reduce spending in the city considering the current economy. 3. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten asked if the City Manager would be attending the citizen’s forum meetings because there is very important information that is discussed at the meetings that would be helpful for the City Manager to be a part of. (Mr. Antonen said he would attend.) Ms. Sletten mentioned that she felt there were items on the Consent Agenda that should be placed somewhere else on the agenda so residents could address concerns they may have. 4. John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff discussed the fact that residents have been contacting him regarding concerns with the way things are going in the city of Maplewood. Mr. Wykoff read some of the comments that people have shared with him regarding the state of the city. G. ADMINISTRATIVE PRESENTATIONS None. H. COUNCIL PRESENTATIONS 1. Expression of Appreciation – Councilmember Juenemann 2. Rush Line Corridor – Councilmember Rossbach 3. N.E.S.T. – Councilmember Rossbach 4. Legacy Grant Program – Mayor Longrie 5. Lakeland Construction Finance LLC – Mayor Longrie 6. National League of Minnesota Cities Conference – Mayor Longrie 7. Website Corrections – Mayor Longrie I. APPOINTMENTS AND PRESENTATIONS None. J. PUBLIC HEARINGS 1. Mn/DOT I-494 Expansion, Project 09-02, Public Hearing and Resolution Approving Final Layout (Municipal Consent) a. Public Works Director, Chuck Ahl introduced the item and answered questions of the council. i. Mn/DOT East Area Manager, Adam Josephson, gave the presentation and addressed and answered questions of the council. Mayor Longrie opened the public hearing. March 23, 2009 3 City Council Meeting Minutes 1. Bob Zick, 2515 White Bear Avenue, Maplewood. 2. George Gonzales, 2359 Heights Avenue, Maplewood. 3. Mark Jenkins, 830 New Century Boulevard, Maplewood. Mayor Longrie closed the public hearing. Councilmember Nephew moved to approve the resolution for layout approval after conducting the public hearing in order to provide municipal consent for the I-494 Expansion Project, State Project 8285-93: assoc 8285-94 (Maplewood City Project 09-02). RESOLUTION NO. 09-03-145 FOR LAYOUT APPROVAL rd At a Meeting of the City Council of the City of Maplewood, held on the 23 day of March 2009, the following Resolution was offered by Councilmember Nephew and seconded by Councilmember Hjelle to wit: WHEREAS, the Commissioner of Transportation has prepared a final layout for improvements to I-494 within the City of Maplewood between 0.5 miles south of Century Avenue and Century Avenue; and seeks approval thereof; and WHEREAS, said final layout is on file in the Minnesota Department of Transportation office, Waters Edge, Roseville, Minnesota, being marked, labeled and identified as Layout No. 1 (Parts 1 and 2) S.P. 8285-93 & S.P. 8286-70. Along I-494 from 0.9 miles south of Lake Road (R.P. 61.64) to 0.4 miles north of I-94 (R.P. 57.70); and WHEREAS, The project adds capacity to I-494 by providing a continuous third lane in each direction south of I-94 in said final layouts. NOW, THEREFORE, BE IT RESOLVED that said final layout for the improvements of said Trunk Highway within the corporate limits be and is hereby approved”. Upon the call of the roll the following Council Members voted in favor of the Resolution: ALL The following Council Members voted against its adoption: NONE _____________________________________________________________________________ ATTEST: Mayor _________________________________ Dated ________________, 200________ STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD March 23, 2009 4 City Council Meeting Minutes I do hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of ___________________________, Minnesota at a duly authorized meeting thereof held on the ______ day of _________________, 200_____, as shown by the minutes of said meeting in my possession. (SEAL) ________________________________ City Clerk Seconded by Councilmember Hjelle. Ayes – All The motion passed Councilmember Rossbach moved to direct staff to work with Mn/DOT to explore the possibility for a barrier or barricade fence along the west side of I-494 south of Carver Avenue, past Fish Creek. Seconded by Mayor Longrie. Ayes – All Mr. Ahl agreed to bring information back to the council regarding the possibility of paving a trail underneath I-494 along Century Avenue in order for pedestrians to walk behind the guardrail. An example of a project like that is along Highway 36 at White Bear Avenue. Staff will estimate the cost of doing that and bring it back to the council. K. UNFINISHED BUSINESS 1. Conditional Use Permit Review, Xcel Energy Substation Facility, 1480 County Road D. a. Parks and Community Development Director, DuWayne Konewko gave the report and answered questions of the council. Mayor Longrie asked if anyone from the audience wanted to speak regarding this item. 1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Councilmember Nephew moved to approve the Conditional Use Permit Review for Xcel Energy’s This item shall be brought back in one year. electrical substation and related electrical system. Unless there are problems with the site it can be placed on the agenda as a consent agenda item. Seconded by Councilmember Rossbach. Ayes – All The motion passed. Councilmember Rossbach made a friendly amendment that this item be brought back in one year and should be an item on the consent agenda unless there are problems with the site. Councilmember Nephew agreed with the friendly amendment. March 23, 2009 5 City Council Meeting Minutes 2. Conditional Use Permit Review, Comfort Bus, 1870 Rice Street. a. Parks and Community Development Director, DuWayne Konewko gave the report and answered questions of the council. b. Public Works Director, Chuck Ahl answered questions of the council. i. Jim Rossow, Comfort Bus, 1870 Rice Street, Maplewood addressed and answered questions of the council. Councilmember Rossbach moved to approve the Conditional Use Permit for the bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street and review it again only if the applicant proposes an expansion or to make changes to their facility or if a problem arises including that the city may conduct unannounced traffic counts. Seconded by Councilmember Juenemann. Ayes – All The motion passed. 3. Consider Approval for Minnesota Land Trust to Complete Drafting Conservation Easement for Priory Preserve a. Director Community Development and Parks, DuWayne Konewko gave the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Caroline Peterson, 1801 Gervais Avenue, Maplewood. Councilmember Juenemann moved to approve proceeding with a conservation easement for the Priory Preserve to include title work and drafting the conservation easement. Furthermore, recommending that the $21,000 fee for this project be paid from CIP Project #PM08.060 (open space improvements). Seconded by Councilmember Rossbach. Ayes – Mayor Longrie, Councilmembers Hjelle, Juenemann & Rossbach Nay – Councilmember Nephew The motion passed. The council requested a break at 9 p.m. The council reconvened at 9:10 p.m. L. NEW BUSINESS 1. Rezoning Request – R-1R, Rural Single-Dwelling Residence District, to R-1S Small Lot Single-Dwelling District, Saint Clair Hills, East of 2510 Carver Avenue. a. City Attorney, Alan Kantrud answered questions of the council. table Councilmember Nephew moved to the proposed zoning map change from R-1R, Rural Single Dwelling Residence District to R-1S, Small Lot Single Dwelling District for the proposed March 23, 2009 6 City Council Meeting Minutes per the 16-lot Saint Clair Hills single-dwelling housing development east of 2510 Carver Avenue request of the applicant. Seconded by Councilmember Juenemann. Ayes – All table The motion to passed. 2. I-94 Transportation Corridor. a. Resolution Approving Joint Powers Agreement b. Resolution Appointing Commission Member and Alternate i. Public Works Director, Chuck Ahl gave the report and answered questions of the council. Councilmember Hjelle moved to approve the resolutions, the first approving the Joint Powers Agreement for the Interstate 94 Transportation Corridor Coalition and a second resolution Mayor LongrieCouncilmember Rossbach appointing as the representative and as the alternate to the Coalition. Resolution 09-03-146 I-94 Corridor Coalition Approving Joint Powers Agreement WHEREAS, the I-94 Corridor currently carries over 130,000 vehicles per day at Highway 52 and 110,000 vehicles per day at Interstate 694; and WHEREAS , the 2030 Transportation Policy Plan has been approved by the Metropolitan Council and shows that traffic and congestion are forecast to increase substantially by 2030 resulting in the entire length of I-94 from downtown St Paul to the St Croix River as being congested; and WHEREAS , the 2030 Transportation Policy Plan identifies the I-94 Corridor as a Transitway Corridor in need of additional analysis; WHEREAS , the transitway analysis is needed to identify how mobility can be maintained and improved in the corridor; and WHEREAS , transitway analysis has been completed on similar Ramsey and Washington County transitway corridors including Red Rock and Rush Line; and WHEREAS, this partnership on these similar transitway corridors has been formalized through a joint powers agreement. NOW THEREFORE BE IT RESOLVED, that the Maplewood City Council hereby approves the I- 94 Corridor Joint Powers Agreement, and Be It Further RESOLVED, The Maplewood City Council authorizes the Mayor and City Manager to execute the I-94 Corridor Joint Powers Agreement. Resolution 09-03-147 I-94 Corridor Coalition Designating Representative and Alternate March 23, 2009 7 City Council Meeting Minutes WHEREAS, the I-94 Corridor currently carries over 130,000 vehicles per day at Highway 52 and 110,000 vehicles per day at Interstate 694; and WHEREAS , the 2030 Transportation Policy Plan has been approved by the Metropolitan Council and shows that traffic and congestion are forecast to increase substantially by 2030 resulting in the entire length of I-94 from downtown St Paul to the St Croix River as being congested; and WHEREAS , the 2030 Transportation Policy Plan identifies the I-94 Corridor as a Transitway Corridor in need of additional analysis; WHEREAS , the transitway analysis is needed to identify how mobility can be maintained and improved in the corridor; and WHEREAS , transitway analysis has been completed on similar Ramsey and Washington County transitway corridors including Red Rock and Rush Line; and WHEREAS, this partnership on these similar transitway corridors has been formalized through a joint powers agreement. NOW THEREFORE BE IT RESOLVED, that the Maplewood City Council hereby appoints Mayor Longrie as the I-94 Corridor Commission representative and Councilmember Rossbach as the alternate for 2009. Said terms shall be effective until January 15, 2010, or until a new designee is appointed by a resolution of the Maplewood City Council. Seconded by Mayor Longrie. Ayes – All The motion passed. M. CONSENT AGENDA table 1. Councilmember Juenemann moved to items 3 and 4 until the April 27, 2009, Council meeting. Seconded by Councilmember Nephew. Ayes – All The motion to table passed. 2. Councilmember Hjelle moved to approve items 1, 2, 7-11, 16, 17, Seconded by Councilmember Juenemann. Ayes – All The motion passed. 3. Mayor Longrie moved to approve item 5. Seconded by Councilmember Nephew. Ayes – All The motion passed. 4. Councilmember Nephew moved to approve item 6. Seconded by Councilmember Juenemann. Ayes – All The motion passed. March 23, 2009 8 City Council Meeting Minutes 5. Mayor Longrie moved to approve item 12. Seconded by Councilmember Hjelle. Ayes – All The motion passed. 6. Councilmember Hjelle moved to approve item 13. Seconded by Councilmember Juenemann. Ayes – All The motion passed. 7. Councilmember Juenemann moved to approve 14. Seconded by Councilmember Rossbach. Ayes – All The motion passed. 8. Councilmember Juenemann moved to approve 15. Seconded by Councilmember Hjelle. Ayes – All The motion passed. 9. Councilmember Hjelle moved to approve 18. Seconded by Councilmember Nephew. Ayes – All The motion passed. 10. Councilmember Hjelle moved to approve 19. Seconded by Councilmember Juenemann. Ayes – Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Abstain – Councilmember Hjelle The motion passed. 11. Councilmember Juenemann moved to approve 20. Seconded by Councilmember Nephew. Ayes – All The motion passed. 1. Approval of Claims Councilmember Hjelle moved Approval of Claims. ACCOUNTS PAYABLE: $ 457,883.49 Checks # 77845 thru # 77901 Dated 02/27/09 thru 03/10/09 March 23, 2009 9 City Council Meeting Minutes $ 156,590.63 Disbursements via debits to checking account Dated 02/27/09 thru 03/06/09 $ 438,647.09 Checks # 77902 thru # 77983 Dated 03/06/09 thru 03/17/09 $ 409,630.13 Disbursements via debits to checking account dated 03/05/09 thru 03/13/09 __________________ $ 1,462,751.34 Total Accounts Payable PAYROLL $ 556,130.82 Payroll Checks and Direct Deposits dated 03/06/09 $ 3,463.32 Payroll Deduction check #1006944 thru #1006695 dated 03/06/09 ___________________ $ 559,594.14 Total Payroll GRAND TOTAL $ 2,022,345.48 Seconded by Councilmember Juenemann. Ayes – All The motion passed. 2. Gervais Avenue Street Improvement, Project 05-17. a. Resolution Approving Final Payment and Acceptance of Project b. Transfer to Close Fund 567 Councilmember Hjelle moved to approve the resolution for the Gervais Avenue Street Improvements, City Project 05-17: Approving Final Payment and Acceptance of Project, and; Staff recommends that the council authorize the finance director to implement the final financing plan, shown in the staff report, and to close project find 567 for City Project 05-17. RESOLUTION 09-03-148 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the City of Maplewood has determined that the Gervais Avenue Street Improvements, City Project 05-17, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 05-17 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $355,614.12. Final payment to Palda and Sons, Inc., and the release of any retainage or escrow is hereby authorized. rd Approved this 23 day of March 2009. Seconded by Councilmember Juenemann. Ayes – All The motion passed. March 23, 2009 10 City Council Meeting Minutes 3. Ferndale-Geranium Area Street Improvements, Project 07-14, Resolution Approving Final Payment and Acceptance of Project (includes Change Order No. 4). table Councilmember Juenemann moved to the resolution for the Ferndale-Geranium Area Street Improvements, City Project 07-14: Approving Final Payment and Acceptance of the Project until the council meeting on April 27, 2009. including Approval of Change Order No. 4 Seconded by Councilmember Nephew. Ayes – All table The motion to passed. 4. Carsgrove Meadows Area Street Improvements, Project 08-10. a. Resolution Approving Plans and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll table Councilmember Juenemann moved to the resolutions for the Carsgrove Meadows area Street Improvements, Project 08-10: Approving Plans and Advertising for Bids and Ordering the until the council meeting on April 27, 2009. Preparation of the Assessment Roll Seconded by Councilmember Nephew. Ayes – All table The motion to passed. 5. Castle Avenue Improvements, Project 08-12. a. Resolution Approving Plans and Advertising For Bids b. Resolution Ordering Preparation of assessment Roll Mayor Longrie moved to approve the resolutions for the Castle Avenue Improvements: Approving Plans and Advertisement for Bids and Ordering the Preparation of The Assessment Roll. RESOLUTION 09-03-149 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on January 26, 2009, plans and specifications for the Castle Avenue Improvements (Project 08-12), have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty- one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 23rd day of April, 2009, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. March 23, 2009 11 City Council Meeting Minutes 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 11, 2009. RESOLUTION 09-03-150 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Castle Avenue Improvements, City Project 08-12, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Nephew. Ayes – All The motion passed. 6. Lark/Prosperity Area Street Improvements, Project 07-15, Resolution for Modification to the Existing Construction Contract, Change Order No. 4. Councilmember Nephew moved to approve the resolution directing the Modification of Existing Construction Contract through Change Order Number 4 for City Project 07-15. RESOLUTION 09-03-151 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, CHANGE ORDER NO. 4 CITY PROJECT 07-15 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 07-15, Lark/Prosperity Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 07-15, Change Order No. 4. 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 Change Order No. 4 in the amount of $51,188.80. The revised contract amount is $2,588,352.03. rd Approved this 23 day of March 2009. Seconded by Councilmember Juenemann. Ayes – All March 23, 2009 12 City Council Meeting Minutes The motion passed. 7. Century Avenue Improvements, Project 03-15, Resolution Accepting Roll and Ordering Assessment Hearing for April 27, 2009. Councilmember Hjelle moved to approve the resolution for the Century Avenue Improvements, City Project 03-15: Resolution Accepting the Assessment Roll and Ordering Assessment Hearing. RESOLUTION 09-03-152 ACCEPTING ROLL AND ORDERING ASSESSMENT HEARING CITY PROJECT 03-15 WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Century Avenue Improvements, City Project 03-15, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 27th day of April 2009, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. rd Approved this 23 day of March 2009. Seconded by Councilmember Juenemann. Ayes – All The motion passed. 8. Resolution Designating Prosperan Bank as a Depository of Funds and Naming authorized Officers as Signers on the Account. Councilmember Hjelle moved to approve the resolution naming current officers or employees of the City of Maplewood, for Prosperan Bank, N.A. as designated depository. Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, 23rd of March, 2009 Minnesota was duly called and held in the Council Chambers of said City of the at 6:30 P.M. The following members were present: ALL Councilmember Hjelle moved adoption of the following resolution: March 23, 2009 13 City Council Meeting Minutes RESOLUTION 09-03-153 CORPORATE BANKING RESOLUTION RESOLVED , that Prosperan Bank, N.A. at any one or more of its offices or branches, be and is hereby designated as a depository for the funds of this Corporation, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of monies bearing the following appropriate number of signatures: Any three (3) of the following named officers or employees of the Corporation (“Agents”) listed below. Diana Longrie, Mayor of City of Maplewood James Antonen, City Manager of City of Maplewood Robert Mittet, Finance Director of City of Maplewood And that Prosperan Bank, N.A. shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED , that Prosperan Bank, N.A. is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation’s accounts with Prosperan Bank, N.A. bearing the signatures of its Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent’s personal account, and Prosperan Bank, N.A. shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein, or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED , that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with Prosperan Bank, N.A., or for collection or discount by Prosperan Bank, N.A.; and to accept drafts and other items payable to Prosperan Bank, N.A. FURTHER RESOLVED , that the above named agents are authorized and empowered to execute such other agreements, including, but not limited to, special depository agreements and arrangements regarding the manner, conditions, or purposes for which funds, checks, or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. The other agreements and other acts may not be contrary to the provisions contained in this resolution. FURTHER RESOLVED , that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been delivered to and received by Prosperan Bank, N.A. at each location where an account is maintained. Prosperan Bank, N.A. shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. Seconded by Councilmember Juenemann. Ayes- ALL STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) SS ) CITY OF MAPLEWOOD ) March 23, 2009 14 City Council Meeting Minutes I, the undersigned, being the duly qualified and appointed Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the above foregoing extract of the Minutes of a regular 23rd of March, 2009 meeting of the City of Maplewood, held on the , with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to Designation of Depository. WITNESS my hand this ____ of _____ 2009. __________________________________ Karen Guilfoile City Clerk City of Maplewood, Minnesota Seconded by Councilmember Juenemann. Ayes – All The motion passed. 9. Resolution Naming Authorized Signers for U.S. Bank Treasury Management Service Agreement. Councilmember Hjelle moved to approve the updated U.S. Bank Treasury Management Service Agreement. Seconded by Councilmember Juenemann. Ayes – All The motion passed. 10. Resolution Designating U.S. Bank as a Depository of Funds and Naming Authorized Officers as Signers on the Account. Councilmember Hjelle moved to approve the resolution naming current officers or employees of the city of Maplewood for U.S. Bank as designated depository. RESOLUTION 09-03-154 DEPOSITORY SERVICES FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME: CITY OF MAPLEWOOD CONTACT: FINANCE DEPARTMENT ADDRESS: 1830 COUNTY ROAD B EAST MAPLEWOOD, MN 55109 TAX IDENTIFICATION NUMBER: 41-6008920 March 23, 2009 15 City Council Meeting Minutes I, Karen Guilfoile do hereby certify that I am the City Clerk of the above-named governmental entity therein called the Depositor a Municipality existing under the laws of the State of Minnesota and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly rd and properly called and held on the 23 of March, 2009; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED, that U.S. Bank National Association is hereby designated of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorsed; and that any officer of the Depositor is herby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED, that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of a facsimile or mechanical signature or otherwise authorized, by any one of the individuals listed in the section entitled “Authorized Signers”, and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person or persons signing or otherwise authorizing the same and including also those payable to the Bank or to any other person for application, or which are actually applied to the payment of any such indebtedness owing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the Depositor from time to time. RESOLVED, that the City Clerk hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. RESOLVED, That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED, That any and all transactions by or on behalf of the Depositor with the Bank prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the person’s names, and that such persons have full power and authority to exercise the same. March 23, 2009 16 City Council Meeting Minutes I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled “Authorized Signers”. I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. Account Number: 104755879525 and 150080667150 Authorized Signers NameTitleSignature Diana Longrie Mayor James Antonen City Manager Robert Mittet Finance Director IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this ___________ day of _________________, 20 _______ _________________________________ City Clerk ___________________________ (Certifying Officer) (title) _________________________________ ____________________________________ (Attest by one other officer) (Title) Seconded by Councilmember Juenemann. Ayes – All The motion passed. 11. Lawful Gambling License for Merrick Inc at The Dive Bar. Councilmember Hjelle moved to approve the lawful gambling resolution application for Merrick, Inc. to operate at The Dive Bar. RESOLUTION 09-03-155 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Merrick Inc. to operate at The Dive, located at 3035 White Bear Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said license application as being in compliance with Minnesota Statute §349.213. March 23, 2009 17 City Council Meeting Minutes NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Juenemann. Ayes – All The motion passed. th 12. Approval of Agreement with Melrose North Pyrotechnics for July 4 Celebration Fireworks th Mayor Longrie moved to approve the Agreement with Melrose North Pyrotechnics for the July 4 Celebration in the budgeted amount of $14,000. MELROSE NORTH PYROTECHNICS, INC. AGREEMENT th 10February2009 This contract entered into this day of AD by and between MELROSE NORTH City of MaplewoodMaplewood PYROTECHNICS, INC. of Clear Lake, MN and (Customer) of City Minnesota State. WITNESSETH: MELROSE NORTH PYROTECHNICS, INC. for and in consideration of the terms one hereinafter mentioned, agrees to furnish to the CUSTOMER Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to July 4, 2009 be given on the evening of , Customer Initial ______, weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest, within the sole discretion of MELROSE NORTH PYROTECHNICS, INC. In the event the customer does not choose to reschedule another date or cannot agree to a mutually convenient date, MELROSE NORTH PYROTECHNICS, INC. shall be entitled to 40% of the contract price for costs, damages and expenses. If the fireworks exhibition is canceled by CUSTOMER prior to the display CUSTOMER shall be responsible for and shall pay to MELROSE NORTH PYROTECHNICS, INC. on demand, all MELROSE NORTH PYROTECHNICS, INC.’s out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses and employee charges. MELROSE NORTH PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for a fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. MELROSE PYROTECHNICS, INC. enters this agreement contingent upon its ability to secure delivery of product for the display. It is further agreed and understood that the CUSTOMER is to pay MELROSE NORTH $14,000 (Fourteen thousand and 00/100 dollars). PYROTECHNICS, INC. the sum of A service fee of 1½ % per month shall be added, if account is not paid within 30 days of the show date. MELROSE NORTH PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Insurance. Customer will provide the following items: 420 (a) Sufficient area for the display, including a minimum spectator set back of feet at all points from the discharge area. March 23, 2009 18 City Council Meeting Minutes (b) Protection of the display area by roping-off or similar facility. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorney’s fees and court costs incurred by MELROSE NORTH PYROTECHNICS, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELROSE NORTH PYROTECHNICS, INC. CUSTOMER By ________________________________ By ___________________________________ Its duly authorized agent, who represents he/she has full authority to bind the customer. February 10, 2009 Date Signed: Date Signed: ___________________________ (Please type or Print) Dale M. Nowak Name _______________________________ 9405 River Road SE Address _____________________________ Clear Lake, MN 55319 ______________________________ (800) 771-7976 Phone ______________________________ Email _______________________________ Seconded by Councilmember Hjelle. Ayes – All The motion passed. 13. Approval of Resolution for Donation of Resistance Bands to the Community Center from Readex Research. Councilmember Hjelle moved to approve the donation of 150 resistance exercise bands from Readex Research. RESOLUTION 09-03-156 ACCEPTANCE OF DONATION WHEREAS the Maplewood Community Center has received a donation of 150 resistance exercise bands valued at $670 from Readex Research to be used at the Community Center in exercise programs. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Community Center to accept this donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on March 23, 2009. SIGNED: WITNESSED: __________________________ ___________________________ March 23, 2009 19 City Council Meeting Minutes (Signature) (Signature) Mayor ____________________ City Clerk____________________ _________________________ (Date) __________________________ (Date) Seconded by Councilmember Juenemann. Ayes – All The motion passed. 14.Consider Approval to enter into the Interlocal Agreement to Accept grant money under the 2009 Justice Assistant Grant (JAG) a. Maplewood Police Chief, Dave Thomalla introduced changes to this agenda item which occurred after the council packet was sent out. Councilmember Juenemann moved to approve the Police Department to enter into the Interlocal Agreement to accept grant money under the Justice Assistance Grant. CONTRACT NO. _______ THE STATE OF MINNESOTA COUNTY OF RAMSEY INTERLOCAL AGREEMENT BETWEEN THE CITY OF MAPLEWOOD, LITTLE CANADA, NEW BRIGHTON, NORTH SAINT PAUL, ROSEVILLE, WHITE BEAR LAKE, MOUNDS VIEW, SHOREVEIW, SAINT PAUL, AND COUNTY OF RAMSEY, MN. RECOVERY ACT: JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this ___day of________, 2009, by and between The CITY OF SAINT PAUL, acting by and through its governing body, hereinafter referred to as CITY, and the COUNTY OF RAMSEY, acting by and through its governing body, hereinafter referred to as COUNTY, and City of Little Canada, the City of Maplewood, the City of New Brighton, the City of North Saint Paul, the City of Roseville, the City of White Bear Lake, the City of Mounds View, the City of Shoreview, acting by and through their governing bodies, hereinafter referred to as CITIES, all of Ramsey County, State of Minnesota, witnesseth: NOW THEREFORE, the COUNTY and CITIES agree as follows: WHEREAS , this Agreement is made under the authority of Minnesota Statute 471.59 and WHEREAS , each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS , each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement, and WHEREAS , the CITY agrees to provide the COUNTY $366,307, the City of Little Canada $10,104, the City of New Brighton $21,006, the City of North Saint Paul $16,486, the City of Roseville $35,365, the City of White Bear Lake $36,163, the City of Maplewood $74,452, the City of Mounds View $23,665, and the City of Shoreview $10,104 from the JAG award for their JAG programs less 10 percent administrative March 23, 2009 20 City Council Meeting Minutes fee: and, Section 1. CITY of Saint Paul agrees to pay COUNTY and other named CITIES a total of $570,917 of JAG funds less 10 percent administrative fee. Section 2. COUNTY and other CITIES agree to use their allocation of the JAG funds by September 1, 2013. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY OR OTHER NAMED CITIES. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY OF SAINT PAUL. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. For the City of Maplewood APPROVED AS TO FORM: ____________________________________ Mayor ____________________________________ Chief of Police ____________________________________ March 23, 2009 21 City Council Meeting Minutes City Attorney ____________________________________ Finance Director Seconded by Councilmember Rossbach. Ayes – All The motion passed. 15. Consider Approval of Purchase of Digital Voice Recorders and System Councilmember Juenemann moved to approve both the purchase of the updated audio system through VeriPic in the amount of $11,148.00 and the purchase of 48 Olympus DS 2400 digital voice recorders from Loffler in the amount of $11,604.24. Seconded by Councilmember Hjelle. Ayes – All The motion passed. 16. Approval of Spring 2009 Clean-up Event At Aldrich Arena Councilmember Hjelle moved to approve the 2009 Spring Clean-Up Event scheduled for April 25, 2009, at Aldrich Arena from 7 a.m. to 1 p.m. Seconded by Councilmember Juenemann. Ayes – All The motion passed. 17. Conditional Use Permit Review, Woodlyn Ponds Townhomes, PUD, Woodlynn Avenue Councilmember Hjelle moved to approve the Conditional Use Permit for the Woodlynn Ponds Townhomes PUD and that it shall be reviewed again in one year. Seconded by Councilmember Juenemann. Ayes – All The motion passed. 18. Conditional Use Permit Review Olivia Gardens PUD, 2313 to 2335 Olivia Court Councilmember Hjelle moved to approve the Conditional Use Permit for Olivia Gardens PUD again only if the home-owners’ association proposes a change or if a problem arises. Seconded by Councilmember Nephew. Ayes – All The motion passed. 19. Approval of Increase for Fire Department Stipends March 23, 2009 22 City Council Meeting Minutes Councilmember Hjelle moved to approve the increase in the yearly stipend for the Fire Engineer from $600 to $1,000 and the Fire Captain from $1,000 to $1,200 retroactive to January 1, 2009. Seconded by Councilmember Juenemann. Ayes –Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Abstain – Councilmember Hjelle The motion passed. 20. Approval of Environmental and Natural Resources Commission Annual Report Councilmember Juenemann moved to approve the Environmental and Natural Resources 2008 Annual Report. Seconded by Councilmember Nephew. Ayes – All The motion passed. N. AWARD OF BIDS None. G. ADMINISTRATIVE PRESENTATIONS Councilmember Juenemann requested that an announcement be made about the upcoming Spring Clean-Up Event. The Spring Clean Up Event will be on Saturday, April 25, 2009, from 7 a.m. until 1 p.m. at Gethsemane Church. Ramsey County will also be collecting household hazardous waste. A used bicycle shop in Minneapolis called Recycle will accept bicycles that can be rehabbed or used for parts and Second Harvest will be accepting food for the food drive. H. COUNCIL PRESENTATIONS 1.Expression of Appreciation – Councilmember Juenemann read a statement of Appreciation for Chuck Ahl for his service as Acting City Manager for the past 14 months. 2.Rush Line Corridor – Councilmember Rossbach said at the last regular meeting one of the items was to look at the funds that are available and which funds had to be expended. The Rush Line Corridor is giving $750,000 to the Met Council to help with the planning and design work for an expansion of the Park and Ride at Maplewood Mall which is projected to cost $15 million. 3.N.E.S.T. – Councilmember Rossbach said he was asked by task force members for N.E.S.T. to share their concerns with the council with the Met Council funding short fall that there is fear that N.E.S.T. funds will suffer and will be cut. If that were to happen the avenue will be that the participants each pay more money in order to continue to have the N.E.S.T. route. The only route that is left is a dial-a-ride which costs $2.25 a ride. N.E.S.T. will pick you up at your door and drop you anywhere in the Maplewood, North St. Paul, Oakdale area. Councilmember Rossbach discussed at length the other issues at hand with N.E.S.T. 4.Legacy Grant Program – Mayor Longrie and Councilmember Nephew discussed different grant programs. March 23, 2009 23 City Council Meeting Minutes 5.Lakeland Construction Finance LLC – Mayor Longrie discussed an article about Lakeland Construction Finance LLC that is in bankruptcy right now in relation to the Richie Place property in Maplewood. 6.National League of Minnesota Cities Conference – Mayor Longrie met with City Manager Antonen regarding the conference she attended. Mayor Longrie spoke about issues that were discussed at the conference she attended. 7.Website Corrections – Mayor Longrie requested Councilmember Rossbach make a correction on his website regarding an issue raised by Mayor Longrie. O. VISITOR PRESENTATIONS – PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 10:42 p.m. March 23, 2009 24 City Council Meeting Minutes