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HomeMy WebLinkAbout04-11-2011 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,April 11, 2011 Council Chambers, City Hall Meeting No.07-11 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:05p.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 items were added to the agenda by councilmembers: st N1. May 1Memorial Dedication–Councilmember Juenemann th N2. City Clean Up April 30–Councilmember Juenemann N3. Trash in the Gutters –Councilmember Juenemann N4. Applebee’s Support of Bergeron Memorial–Councilmember Llanas N5. Dog Park Conversationfor Four Seasons –Councilmember Llanas N6. Met Council –Councilmember Koppen Councilmember Juenemannmoved to approve the agenda as amended. Seconded by Councilmember Llanas.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of March 28, 2011, City Council Meeting Minutes Councilmember Juenemannmoved to approve the March 28, 2011, City Council Meeting Minutes as submitted. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. April 11, 2011 1 City Council MeetingMinutes 2.Approval of April 4, 2011, City Council Workshop Minutes Councilmember Nephewmoved to approve the April 4, 2011, City Council WorkshopMinutes as submitted. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Appointments to Board and Commissions a.Parks & Recreation Commission b.Housing and Redevelopment Authority c.Community Design Review Board d.Heritage Preservation Commission i.Assistant City Manager, Public Works Director Chuck Ahl gave a brief report on the appointments to the boards and commissions. Councilmember Juenemannmoved to approvethe resolution appointing the individuals to serve on the various boards and commissions. RESOLUTION11-04-556 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Parks & Recreation Commission -Peter Fischer, term expires April 30, 2014 -Craig Brannon, term expires April 30, 2014 -Roy Adams, term expires April 30, 2014 -Rhoda Erhardt, term expires April 30, 2012 Housing Redevelopment Authority -Tammy Wilde, term expires September 30, 2016 Community Design Review Board -Matt Ledvina; term expires April 30, 2014 Heritage Preservation Commission -Brenda Rudberg; term expires April 30, 2014 -Caleb Anderson; term expires April 30, 2014 Seconded by CouncilmemberKoppen.Ayes –All The motion passed. G.CONSENT AGENDA April 11, 2011 2 City Council MeetingMinutes 1.CouncilmemberJuenemannmoved to approve items1-18. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 1.Approval of Claims CouncilmemberJuenemannmoved Approval of Claims. ACCOUNTS PAYABLE: $526,634.48Checks #83943thru #83991 Dated 3/25/11 thru 3/29/11 $ 312,664.09Disbursements via debits to checking account Dated 03/21/11thru 03/25/11 $146,717.86Checks #83992thru #94035 Dated 03/29/11 thru 03/25/11 $ 1,483,568.06Disbursements via debits to checking account Dated 03/25/11thru 04/01/11 __________________ $ 2,469,584.49Total Accounts Payable PAYROLL $521,875.78Payroll Checks and Direct Deposits dated 04/01/11 $ 2,433.20Payroll Deduction check #1010109thru #1010112 dated 04/01/11 ___________________ $524,308.98Total Payroll GRAND TOTAL $ 2,993,893.47 Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 2.Approval of Agreementfor Codification Services Councilmember Juenemannmoved toapprove the city manager sign the agreement with Municipal Code for the republication of the city code. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 3.Approval of Community Design Review Board’s 2010 Annual Report April 11, 2011 3 City Council MeetingMinutes CouncilmemberJuenemannmoved toapprove the Community Design Review Board’s 2010 Annual Report. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 4.Approval of Business and Economic Development Commission’s 2010 Annual Report Councilmember Juenemann moved toapprove the Business and Economic Development Commission’s 2010 Annual Report. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 5.Approval of Planned Unit Development Review –WoodlynnPond Townhomes, 3068 –3099 Chisholm Court North and 2053 –2073 Woodlyn Avenue CouncilmemberJuenemannmoved toapprove the conditional use permit for the Woodlyn Ponds PUD again only if a problem arises, changes are proposed or the last remaining building starts construction. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 6.Approval of Contract Addendum for City Manager, Jim Antonen Councilmember Juenemannmoved toapprove the contract addendum to provide two weeks of deferred sick leave for City Manager, Jim Antonen. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 7.Approval of Budget Adjustments and Transfers for 2011 Councilmember Juenemann moved toapprove the budget adjustments and authorize the Finance Manager to transfer funds from the General Fund to the Community Center and Recreation Program Funds to help cover the increased costs. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 8.Approval to Purchase Police and Fire 800 MHz Radios Councilmember Juenemannmoved toapprove the grant for the purchase of 800 MHz radio equipment in the amount of $65,428.32 and authorize the purchase of this equipment in the amount of $65,428.32 to Motorola. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. April 11, 2011 4 City Council MeetingMinutes 9.Approval of 2010 Parks & Recreation Commission Report CouncilmemberJuenemannmoved toapprove the 2010 Parks & Recreation Commission Report. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 10.Approval of Engineering Services for MCC Pool Improvement CouncilmemberJuenemannmoved toapprove the contract with ThemeScapes, Inc. for $9,500. Payment for this contract will come from the MCC Operations Budget. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 11.Approval of Donation to Landfall Cops’N Kids Fishing Clinic Councilmember Juenemannmoved toapprove the resolution for a$100donation from St. Paul Harley-Davidson and $700 donation from the City of Landfall Village to purchase supplies for the Cops ‘N Kids Fishing Clinic. RESOLUTION 11-4-550 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donors’ terms if so-prescribed, and; WHEREAS, St. Paul Harley-Davidsonand the City of Landfall Villagewish to grant the City of Maplewood the following: $100 and $700 respectively, and; WHEREAS, St. Paul Harley-Davidsonand the City of Landfall Villagehave instructed that the City of Maplewood will be required to use the aforementioned for: 2011 Cops & Kids Fishing Clinic, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gifts by a super majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gifts aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by a super majority vote of its membership on April 11, 2011. Signed:Signed:Witnessed: __________________________________________________________ (Signature)(Signature)(Signature) April 11, 2011 5 City Council MeetingMinutes Mayor______________Chief of Police_________City Clerk____________ (Title)(Title)(Title) ____________________________________________________________ (Date)(Date)(Date) Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 12.Approval of Joint Powers Agreement with Resolution with the Bureau of Criminal Apprehension CouncilmemberJuenemannmoved toapprove the Joint Powers Agreement and Resolution with the Bureau of Criminal Apprehension. CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION 11-4-551 APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF MAPLEWOOD ON BEHALF OF ITS POLICE DEPARTMENT WHEREAS, the City of Maplewood, on behalf of its Police Department, desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension, to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify anddelete connectivity, systems and tools over the five-year life of the Agreements and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, as follows: 1.That the State of Minnesota Joint Powers Agreements, by and between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, and the City of Maplewood, on behalfof its Police Department, are herebyapproved. 2.That the Police Chief, David Thomalla, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent Amendments or Agreements that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 3.That Will Rossbach, the Mayor for the City of Maplewood, and Karen Guilfoile, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. th Adopted this 11day of April 2011 by the City Council of Maplewood, Minnesota. __________________________________________________________ Mayor City Clerk April 11, 2011 6 City Council MeetingMinutes Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 13.Approval of White Bear Avenue/County Road D Improvements, Project 08-13, Consider Conduit for Potential Specialty Lighting CouncilmemberJuenemannmoved toapprove authorizing the city engineer to negotiate pricing for the conduit installation and proceed with said improvements estimated in an amount of $97,000. Also authorizing the city engineer to sign and approve minor project supplemental agreements approved by Ramsey County for the White Bear Avenue/County Road D Improvements, Project 08-13. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 14.Approval of 2011 Bituminous Purchase Councilmember Juenemannmoved toapprove the street superintendent to purchase the bituminous materials needed for street maintenance projectsin 2011in an amount up to $45,000.00. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 15.Approval of 2011 Roadway Striping Councilmember Juenemannmoved toapprove Ramsey County to perform city pavement striping needsin 2011, in an amount not to exceed $27,000. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 16.Approval to Purchase 2011-2012 Road Salt Councilmember Juenemannmoved toapprove the purchase of de-icing salt under the state contract for 2011-2012 road salt. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. nd 17.Approval of the Woodlands of Maplewood (2Developer), City Project 10-19, Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement Councilmember Juenemannmoved toapprove the private water main agreement between RJK Development of Maplewood, LLC, the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul. Also approving the Mayor and City Manager sign the agreement signifying city council approval. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. Seconded by CouncilmemberKoppen.Ayes –All April 11, 2011 7 City Council MeetingMinutes The motion passed. 18.Approval of Western Hills Area Street Improvements, Project 10-14, Resolution Accepting Assessment Roll and Ordering Assessment Hearing for May 9, 2011 Councilmember Juenemannmoved toapprove the resolution for the Western Hills Area Street Improvements, Project 10-14: Accepting Assessment Roll and Ordering Assessment Hearing. RESOLUTION 11-4-552 ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Western Hills Area Street Improvements, City Project 10-14, andthe 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 9th day of May2011, 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. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. H.PUBLIC HEARING 1.Gladstone Area Redevelopment –Phase 1, City Project 04-21 a.Public Hearing –7:00 p.m. b.Resolution Ordering Improvement to Construction (4 votes) c.Approval of the Shores Developer Agreement i.Deputy Public Works Director, City Engineer Michael Thompsongave the report on the Gladstone Area Redevelopment project. ii.City Attorney, Alan Kantrud addressed and answered questions of the council. iii.Developer for this project with Maplewood Senior Living, Greg Johnson, 720 Mahtomedi Avenue, Mahtomedi,addressed the council. iv.Parks & Recreation Director, DuWayne Konewko addressed and answered questions of the council. v.Assistant City Manager, Public Works Director addressed and answered questions of the council. Mayor Rossbach opened the public hearing. April 11, 2011 8 City Council MeetingMinutes 1.Wayne Sachi, Maplewood. 2.Roseanne Bauer, Maplewood. 3.Mindy MacRunnel, Maplewood. 4.Paul Randall, Maplewood. 5.Joy Tkachuck, Maplewood. 6.Bob Zick, North St. Paul. Councilmember Llanasmoved toapprove the resolution ordering the improvement project to construction for the Gladstone Area Redevelopment –Phase 1, City Project 04-21. RESOLUTION11-4-553 ORDERING IMPROVEMENT AFTER PUBLIC HEARING th WHEREAS, a resolution of the City Council adopted the 28day of March 2011, fixed a date for the public hearing for the proposed Phase 1 street and utility improvements for the Gladstone Area Redevelopment, City Project 04-21; AND WHEREAS, ten days mailed and published notice of the hearing was given as stipulated in State Statute, and the hearing was duly held on April 11, 2011, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; AND WHEREAS, the City Engineer or designated representative was duly directed on March 28, 2011,to prepare final plans and specifications for the making of said improvement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1.The Council will considerthe Gladstone Area Redevelopment –Phase 1, City Project 04- 21,in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $7,274,600. 2.That it is necessary, cost-effective, and feasible, as detailed in the feasibility report, that the City of Maplewood make the Gladstone Area Redevelopment –Phase 1, City Project 04-21 improvements. 3.Such improvement is hereby ordered as proposed in the Council resolution adopted this th 11day of April 2011. 4.The finance director is hereby authorized to make the financial transfers necessary to implement the project. A project budget of $7,274,600 is approved as detailed in the feasibility report. th Approved this 11day of April 2011. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. amended Councilmember Nephew moved to approve the developer and maintenance agreements and authorize the mayor and city manager to sign the developer agreement signifying council approval, and authorize the city engineer to sign the maintenance agreement signifying council approval. Minor changes to the agreements can be made if reviewed and approved by the city attorney. April 11, 2011 9 City Council MeetingMinutes Seconded by Councilmember Koppen.Ayes –All The motion passed. 2.Second Reading of Park Hours Ordinance a.Parks and Recreation Director, DuWayne Konewko gave the report on the Second Reading of the Park Hours Ordinance Mayor Rossbach opened the public hearing. There were no speakers to address the council for the public hearing. Mayor Rossbach closed the public hearing. Councilmember Nephewmoved toapprove the (second reading)of the Park Hours Ordinance. ORDINANCE 912 AN ORDINANCE AMENDING THE TIME OF USE IN PARKS Sec. 26-2. Time of use. (a)No person shall be in remain in or leave any vehicle in any park or upon any parkway, between 10:00pm and 5:00amof the following day except with written permission from the park and recreation director. Nothing in this subsection shall apply to persons traveling, without delay, upon established driveways of parks or upon parkways. (b)Subsection (a) of this section does not apply to lighted courts or fields within the parks posted as to time of use by the park and recreation director. At no time shall lighted recreational facilities be on beyond 10:30 pm without the written permission from the city manager. (Code 1982, & 21-2) Seconded by CouncilmemberKoppen.Ayes –All The motion passed. I.UNFINISHED BUSINESS 1.Myth Nightclub Shared Parking Agreement with the Days Inn –Located at 3090 Southlawn Drive a.Planner, Michael Martingave the report on the Myth Nightclub Shared Parking Agreement with the Days Inn. b.City Clerk, Director Citizen Services, Karen Guilfoile addressed and answered questions of the council. April 11, 2011 10 City Council MeetingMinutes c.Maplewood Police Chief, Dave Thomalla addressed and answered questions of the council. d.City Attorney, Alan Kantrud addressed and answered questions of the council. Councilmember Koppen moved toapprove the shared parking agreement between the owners of the Myth Nightclub and the Days Inn to allow the Myth to utilize 150 parking spaces for their needs. Approval of this agreement is subject to the review and approval by the city attorney and the owner of the Myth doing the following: 1.Posting each entrance to the Myth parking lot with the name and location of the overflow parking lots. 2.Arranging for Ramsey County Sheriff officerstopatrol each parking lot (on site and off site). 3.Providing parking attendants to be stationed at each parking lot (on site and off site). 4.Providing parking attendants to direct traffic to overflow parking lots. 5.Make sure to clean up each parking lot (on site and off site) within 12 hours of the conclusion of a Myth event where overflow parking was utilized. 6.Submit any future shared-parking agreements to the city staff for approval and adjustment of the maximum allowed occupancy. All agreements shall be subject to approval by the city attorney. 7.Assure that the maximum allowed occupancy shall be 4,400 persons, which includes all Myth staff and personnel, unless that number is revised by the fire marshal. The presence of staff and personnel will always factor into the total allowed occupancy regardless of whether shared parking is a factor or not. 8.Assure that any future parking agreements shall be for a minimum of one year. 9.Notify the city in writing within 90 days if either party in a parking agreement wishes to terminate the agreement. Seconded by CouncilmemberNephew.Ayes –Mayor Rossbach, Councilmembers Koppen, & Nephew Nay –CouncilmembersJuenemann & Llanas The motion passed. J.NEW BUSINESS 1.Vacation of Excess Right-of-Way, Hazelwood Street and County Road D East a.Planner, Michael Martingave the report on the Vacation of Excess Right-of Way, Hazelwood Street and County Road D East. Councilmember Juenemannmoved to approve the resolution. This resolution is for the vacation of the Hazelwood Street right-of-way, south of County Road D. The reasons for the vacation are as follows: April 11, 2011 11 City Council MeetingMinutes It is in the public interest and; 1.The city is not using the right-of-way for a public street. 2.The right-of-way is not needed for street access purposes as the adjacent properties have street access on the realigned Hazelwood Street and County Road D East. VACATION RESOLUTION 11-4-554 WHEREAS, Steve Love of the Maplewood Public Works Department, applied for the vacation of the following: Parcel Number 1 All that part of the Northwest Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the northeast corner of said Northwest Quarter; thence on an assumed bearing of South 01 degrees 06 minutes 59 seconds East along the easterlyline of said Northwest Quarter, for 312.93 feet to the actual point of beginning; thence continuing South 01 degrees 06 minutes 59 seconds East along said easterly line of the of the Northwest Quarter for 299.49 feet; thence South 20 degrees 29 minutes 10seconds West for 26.07 feet; thence southwesterly for 109.49 feet along a tangential curve, concave to the southeast, radius 333.33 feet and central angle 18 degrees 49 minutes 14 seconds; thence North 89 degrees 53 minutes 42 seconds West for 0.39 feet to an intersection with a line drawn parallel with and distant 33.00 feet westerly from said easterly line; thence North 01 degrees 06 minutes 59 seconds West along said parallel line for 446.72 feet; thence northeasterly for 17.12 feet along a non-tangential curve, concave to the southeast, radius 790.00 feet and central angle 01 degrees 14 minutes 27 seconds, the chord of said curve bears North 44degrees 49 minutes 50 seconds East; thence southeasterly for 35.13 feet along a non-tangential curve, concave to the southwest, radius 267.00 feet and central angle 07 degrees 32 minutes 16 seconds, the chord of said curve bears South 03degrees 20 minutes 18 seconds East to the point of beginning. Parcel Number 2 All that part of the right of way of Hazelwood Avenue (formerly Fisher Avenue), as dedicated by DORLE PARK, according to the recorded plat thereof, Ramsey County, Minnesota, described as follows: Commencing at the northwest corner of the Northeast Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of South 01 degrees 06 minutes 59 seconds East along the westerly line of said Northeast Quarter, for 312.93 feet to the actual point of beginning; thence continuing South 01 degrees 06 minutes 59 seconds East along said westerly line,for 299.49 feet; thence North 20 degrees 29 minutes 10 seconds East for 62.29 feet; thence northeasterly for 32.33 feet along a tangential curve concave to the northwest, radius 267.00 feet and central angle 6 degrees 56 minutes 19 seconds, to a point on the easterly line of said Hazelwood Avenue (formerly Fisher Avenue) as dedicated by said DORLE PARK; thence North 01 degrees 06 minutes 59 seconds West along said easterly line of Hazelwood Avenue (formerly Fisher Avenue), for 135.18 feet; thence northwesterly for 82.90 feet along a non-tangential curve, concave to the southwest, radius 267.00 feet and central angle 17 degrees 47 minutes 21 seconds, the chord of said curve bears North 24 degrees 40 minutes 29 seconds West to the point of beginning. Parcel Number 3 All that part of the right of way of HAZELWOOD AVENUE, as dedicated by LEGACY VILLAGE OF MAPLEWOOD according to the recorded plat thereof, Ramsey County, Minnesota, described as follows: Commencing at the northerly corner in the most westerlyline of said LEGACY VILLAGE OF MAPLEWOOD; thence on an assumed bearing of South 01 degrees 06 minutes 59 seconds East along said westerly line for 355.10 feet to the actual point of beginning; thence April 11, 2011 12 City Council MeetingMinutes continuing South 01 degrees 06 minutes 59 seconds East along said westerly line for 135.18 feet; thence northeasterly, northerly, and northwesterly for 136.67 feet along a non-tangential curve, concave to the west, radius 267.00 feet and central angle 29 degrees 19 minutes 38 seconds, the chord of said curve bears North 01 degrees 06 minutes 59 seconds West, to the point of beginning. WHEREAS, the history of this vacation is as follows: 1.On March 15, 2011, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2.On April 11 2011, the city council considered reports and recommendations from the city staff and planning commission. WHEREAS, after the cityapproves this vacation, public interest in the property will go to the following property, which is indicated by its property identification number: PIN: 03-29-22-21-0004 NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described vacation for the following reasons: It is in the public interest and; 1.The city is not using the right-of-way for a public street. 2.The right-of-way is not needed for street access purposes as the adjacent properties have street access on the realigned Hazelwood Street and County Road D East. This vacation is subject to: 1.Comply with the requirements contained within Assistant City Engineer Steve Love’s report dated March 22, 2011. The Maplewood City Council passedthis resolution on April 11, 2011. Seconded by Councilmember Nephew.Ayes –All The motion passed. 2.Consider Approval of Architectural Review of Space Needs for Police Department a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report on Approval of Architectural Review of Space Needs for the Police Department. b.Maplewood Police Chief, Dave Thomalla addressed and answered questions of the council. Councilmember Juenemannmoved to approve an agreement with SEH, Inc. in the amount of $20,000 for the purpose of conductinga space needs study for police facilities, as well as general city hall space; authorize Assistant City Manager Ahl to execute the work order and approve the expenditure of $20,000 from the fund balance to pay for this study. April 11, 2011 13 City Council MeetingMinutes Seconded by Councilmember Koppen.Ayes –All The motion passed. 3.Preliminary Approval for Issuance of Bonds a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report on the Preliminary Approval for Issuance of Bonds Councilmember Nephewmoved to approve the resolution that approves the preliminary approval for the sale of $10,000,000 General Obligation Improvement. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MAPLEWOOD, MINNESOTA HELD: April 11, 2011 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on April11, 2011, at 7:00 P.M. for the purpose in part of authorizing the competitive negotiated sale of the $10,000,000 General Obligation Improvement Bonds, Series 2011A. The following members were present:All and the following were absent:None Member Nephewintroduced the following resolution and moved its adoption: RESOLUTION 11-4-555 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $10,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A A.WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $10,000,000 General Obligation Improvement Bonds, Series 2011A (the "Bonds") to finance two street improvement projects within the City; and B.WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1.Authorization . The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2.Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. April 11, 2011 14 City Council MeetingMinutes 3.Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4.Official Statement. In connection with the sale, the City Clerk, Mayor andother officers or employees of the City are hereby authorized to cooperate with Springsted andparticipate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Koppen and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof:All and the following voted against the same:None Whereupon the resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, 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 the City's $10,000,000 General Obligation Improvement Bonds, Series 2011A. WITNESS my hand on April 11, 2011. __________________________________ City Clerk Seconded by CouncilmemberKoppen.Ayes –All The motion passed. K.VISITOR PRESENTATIONS 1.Bob Zick, North St. Paul.Mr. Zick made a comment aboutaconsent agenda item regarding City Manager Antonen’s contract and the addition of 2 weeks deferred sick leave. He also spoke about changes in the fire departmentand his concern about the cityproviding proper fire coverage. 2.Diana Longrie, Maplewood.Ms. Longrie asked that the city council put the seal coating program back into the budget. Roads in Maplewood are approaching the 9 to 12 year timeframe from beingconstructed and will need seal coating. Ms. Longrie asked that the city council look at where staff salaries are comingfrom. There are instances where bonding April 11, 2011 15 City Council MeetingMinutes money is paying for staff salaries. This istypically with road projects and bonding which is a hidden cost to tax payers. Ms. Longrie discussed the police department’s space needs and concerns at hand. 3.Dave Schelling, Maplewood.Mr. Schelling discussed the trash collection meeting on March 28, 2011, and asked why the meeting wasn’t held at the Maplewood Community Center due to overcrowding in the council chambers and front lobby which meant people left due to lack of space. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS st 1.May 1Memorial Dedication –Councilmember Juenemann Councilmember Juenemann reminded people of the police memorial dedication honoring Sergeant Joe Bergeron on Sunday, May 1, 2011,at 1:00 p.m. outside ofMaplewood City Hall. There is also afundraiser Saturday, April 23, 2011,from 2:00 to 10:00 p.m. at the Maplewood Community Centerto help pay for the memorial. th 2.City Clean Up April 30 –Councilmember Juenemann Councilmember Juenemann reminded people of the Maplewood Spring City Clean Up on Saturday, April 30, 2011,at 8:00 a.m. until 1:00 p.m.at Aldrich Arena. 3.Trash in the Gutters –Councilmember Juenemann Councilmember Juenemann reminded citizens to clean out thetrash in the gutters in the street and dispose of the contents properly. 4.Applebee’s Support of Bergeron MemorialFund –Councilmember Llanas Councilmember Llanas stated that the Roseville Applebee’s Restaurant at 1893 Highway 36 West is helping raise funds in a Dining to Donate Program that will benefit the Maplewood Police Fallen Officer Memorial. Applebee’s will be donating15% of patron’stotal bill to the Bergeron Memorial Fund from April 18 through April 29, 2011. 5.Dog Park Conversationfor Four Seasons Park –Councilmember Llanas Councilmember Llanas stated that there will be a forum to discuss and explore having a dog park at Four Seasons Parkheld on Wednesday, April 20, 2011. 6.Met Council –Councilmember Koppen Councilmember Koppen said there was a recent celebration held in Maplewood fornewly selected member Richard Kramer tothe MetropolitanCouncil. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 9:27 p.m. April 11, 2011 16 City Council MeetingMinutes Page 32 of 35 Filtration planting recommendation: 1. The plan should indicate a temporary cover crop will be seeded in the three rain gardens being planted by the city. 2. The applicant must provide a detailed landscape design for the center rain garden. We strongly encourage the use of trees, shrubs, and perennials in this planting. a. At least 5000 square feet must be planted with plants (not seed) and we recommend that the whole area be planted. b. If cost is an issue, using very small shrub plants (# pots or bareront olds) would be preferable to using seed. c. If the whole basin is planted (no seed used), this shall be coxtgdergd paftf mitigating the requested buffer variance. d. Seed may not be used on the bottom of the basin. e. If some of the slope are is seeded with natives, the Tquireientsbelow (E: Native Seedings) apply. E. Native Seedings: The applicant is proposing to seed ranjeli o1!� site to native grasses and flowers. It is very difficult to establish native prairie,90ed' "" Most native seedings done as part of new developments fail. The applicant 'sould understand that it takes three to five years to establish a native seeding and during1hat time the site is very weedy and residents often complain about the aesth6w. please note that due to the length of time for establishment the city will hold,ps iqw- '"�ntil the prairie (not the cover crop) is established. The applicant may want;& Cons a different type of ground cover. Native Seeding Recommend`atxoas. the applicant wishes to seed native prairie grasses and wildflowers, the"plicant must indicate the following in the plans (this applies to areas with native see 3„it'does not apply to areas planted with containerized or bareroot plants. 1. Thq-liative kedhig shall be done by a contractor that specializes in native plant resYaration nd whose business is at least 50% native plants/restoration. 2 T, e applicant will enter into a three year maintenance contract with the seeding contractor that ensures establishment. 3. The applicant must sign a wetland buffer restoration maintenance agreement with the city which will require the applicant to ensure the native plants are established within the buffer. 4. The applicant shall post small signs indicating this is a native seeding and that it will take 3-5 years to establish. 5. The applicant shall revise the Type I seed mix, which is not an ideal mix for our region. The areas with Type I seed mix could be Prairie Restoration's short/dry or mixed height/mesic mixes, or a similar mix approved by staff. END OF