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HomeMy WebLinkAbout04-25-2011 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,April 25, 2011 Council Chambers, City Hall Meeting No.08-11 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:10p.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: N1.Trash Bills –Councilmember Nephew N2.City Clean Up –Councilmember Juenemann N3.Earth Day –Councilmember Juenemann st N4.May 1Dedication –Councilmember Juenemann N5.HeritagePreservation Commission Update –Councilmember Koppen N6.Staff Presentations –Councilmember Llanas N7.May 7, 2011, Citizens Forum Town Hall Meeting –Councilmember Nephew Councilmember Juenemannmoved to approve the agenda as amended. Seconded by Councilmember Llanas.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of April 11, 2011, City Council WorkshopMinutes CouncilmemberJuenemannmoved to approve the April 11, 2011, City Council Workshop Minutes as submitted. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 2.Approval of April 11, 2011, City Council MeetingMinutes April 25, 2011 1 City Council MeetingMinutes Councilmember Juenemann had a clarification to N3. It should read Councilmember Juenemann gutters and in the street reminded citizens to clean out the trash in theand dispose of the contents properly. Mayor Rossbach had a correction to D. Approval of Agenda. The motion was seconded by Councilmember Llanasnot Councilmember Koppen. Councilmember Nephewmoved to approve the April 11, 2011, City Council Meeting Minutes as amended. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.LMCIT Board on Insurance Reduction a.Assistant Administrator of the League of Minnesota Cities Insurance Trust(LMCIT),Dan Greensweig commended the city council for taking the steps necessary that resulted in lowering the city’s insurance deductible for employment related claims and thanked the councilmember’sand staff for a job well done. 2.Appointment to Business & Economic Development Commission a.Assistant City Manager, Public Works Director, Chuck Ahl stated Jennifer Lewis received 5 votes at the council workshop for the opening to serve on the Business & Economic Development Commission. CouncilmemberNephewmoved to approve the resolution appointingJennifer Lewisto the Business & Economic Development Commission. RESOLUTION11-04-557 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: Business & Economic Development Commission -Jennifer Lewis, term expires September 30, 2013 Seconded by CouncilmemberKoppen.Ayes –All The motion passed. April 25, 2011 2 City Council MeetingMinutes 3.Proclamation of Public Service Recognition Week a.Mayor Rossbach read the proclamation in honor of public service recognition week. Councilmember Juenemannmoved to approve the proclamation, declaring that May 1-7, 2011, is Public Service Recognition Week. PUBLIC SERVICE RECOGNITION WEEK In honor of the millions of public employees at the federal, state, county, and city levels: Whereas: Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation working; Whereas: Public employees take not only jobs, but oaths; Whereas: Many public servants, including military personnel, police officers, firefighters, border patrol officers, embassy employees,health care professionals and others, risk their lives each day in service to the people of the United States and around the world; Whereas: Public servants include teachers, doctors and scientists . . .train conductors and astronauts . . . nurses and safety inspectors . . . laborers, computer technicians and social workers . . and countless other occupations. Day in and day out they provide the diverse services demanded by the American people of their government with efficiency and integrity; and Whereas: Without these public servants at every level, continuity would be impossible in a democracy that regularly changes its leaders and elected officials; Therefore: I, the Mayor of Maplewooddo hereby announce and proclaim to all citizens and set seal hereto, that May 1-7, 2011, is Public Service Recognition Week. All citizens are encouraged to recognize the accomplishments and contributions of government employees at all levels —federal, state, county and city. _____________________________________________________ Mayor Will RossbachCity Clerk, Karen Guilfoile Seconded by CouncilmemberNephew.Ayes –All The motion passed. 4.Consider Adoption of Proclamation for Building Safety Month –May 2011 April 25, 2011 3 City Council MeetingMinutes a.Mayor Rossbach gave a brief introduction and then read the proclamationfor building safety month for May 2011. Councilmember Juenemannmoved to approvethe proclamation for May of 2011, as Building Safety Month and demonstrate our commitment to building safety and fire prevention in our community. PROCLAMATION BUILDING SAFETY MONTH -MAY 2011 Whereas, our city’s continuing efforts to address the critical issues of safety, energy efficiency, water conservation and sustainability in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound,and; Whereas, our confidence is achieved through the devotion of vigilant guardians –building safety and fire prevention officials, architects, engineers, builders, laborers, and others in the construction industry –who work year-round to ensure the safe construction of buildings and; Whereas, these guardians –dedicated members of the International Code Council -develop and implement the highest-quality codes to protect Americans in the buildings where we live, learn, work, worship, play, and; Whereas, the International Codes, the most widely adopted building safety, energy andfire prevention codes in the nation,are used by most U.S. cities, counties and states;these modern, building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildfiresandearthquakes; and; Whereas, Building Safety Month issponsored by theInternational Code Council and International Code Council Foundation, to remind the public about the critical role of our communities’ largely unknown guardians of public safety –our local code officials –who assure us of safe, efficient and livable buildings,and; Whereas, “Building Safety Month: An International Celebration of Safe and Sensible Structures” the theme for Building Safety Month 2011, encourages all Americans to raise awarenessofthe importance of building safety; green and sustainable buildings; pool, spa and hot tub safety; and newtechnologies in the construction industry. Building Safety Month 2011, encourages appropriate stepseveryone can take to ensure that the places where we live, learn, work,worship andplay are safeand sustainable, and recognizes that countless lives havebeen saved due to the implementation of safety codes by local and state agencies, and; Whereas, each year, in observance ofBuilding Safety Month,Americans are asked to consider projects to improve building safetyand sustainability at home and in the community, and to acknowledge the services provided to all of us by local and state building departments and federal agencies in protecting lives and property. Now, therefore, it is hereby proclaimed thatthe month ofMay 2011is Building Safety Monthin the City of Maplewood. Accordingly, our citizens are encouraged to join their community in participating in Building Safety Month activities and assisting efforts to improve building safety. Adopted this 25th Day of April 2011 _______________________________________________________________ Will Rossbach, MayorKaren Guilfoile, City Clerk April 25, 2011 4 City Council MeetingMinutes Seconded by CouncilmemberKoppen.Ayes –All The motion passed. G.CONSENT AGENDA 1.Councilmember Nephewmoved to approve consent agenda items1-9 Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 1.Approval of Claims CouncilmemberNephewmoved Approval of Claims. ACCOUNTS PAYABLE: $272,763.43Checks #84036thru #84093 Dated 04/01/11 thru 04/12/11 $ 340,008.62Disbursements via debits to checking account Dated 03/30/11thru 04/08/11 $102,678.96Checks #84094thru #84143 Dated 04/13/11 thru 04/19/11 $ 185,483.93Disbursements via debits to checking account Dated 04/08/11thru 04/11/11 __________________ $ 900,934.94Total Accounts Payable PAYROLL $506,437.59Payroll Checks and Direct Deposits dated 04/15/11 $ 4,228.75Payroll Deduction check #9984064thru #9984067 dated 04/15/11 ___________________ $509,248.29Total Payroll GRAND TOTAL $ 1,410,183.23 Seconded by Councilmember Juenemann.Ayes –All The motion passed. 2.Approval of Closure of Debt Service Funds CouncilmemberNephewmoved toapprove the transfers and authorize the Finance Manager to make the appropriate budget adjustments. April 25, 2011 5 City Council MeetingMinutes Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 3.Approval of Resolution Approving Interfund Loan –TIF 1-10 Councilmember Nephewmoved toapprove the resolution to allow automatic Interfund loans for tax increment district 1-10 and to provide the terms and conditions for repayment. RESOLUTION 11-04-558 RESOLUTION APPROVING THE TERMS OF UP TO A $533,645 INTERFUND LOAN IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1-10 BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood, Minnesota (the "City"), as follows: Section 1.Background. (a)The City has heretofore approved the establishment of Tax Increment Financing District No. 1-10 (the "TIF District") within Development District No. 1, and has adopted a tax increment financing plan for the TIF District (the "TIF Plan"). (b)The City has determined to pay for certain costs identified in the TIF Plan consisting of land/buildingacquisition, public utilities, special assessments, site improvements/preparation and administrative costs (the "Qualified Costs") incurred in connection with the establishment of the TIF District and development of land within the TIF District, which costs will be financed on a temporary basis from City funds available for such purposes. (c)Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally made, in order to finance the Qualified Costs. (d)The City intends to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 2.Terms of Interfund Loan. (a)The City hereby authorizes the advance of up to $533,645 from the________________ or the City's General Fund or so much thereof as may be paid as Qualified Costs. The City shall reimburse itself for such advances together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 4% and will not fluctuate. (b)Principal and interest on the Interfund Loan shall be paid semi-annually on each February 1 and August 1 (each a "Payment Date") commencing with the Payment Date on which the City has Available Tax Increment (defined below), or on any other dates determined by the City Manager, through the last receipt of tax increment from the TIF District. (c)Payments on the Interfund Loan are payable solely from "Available Tax Increments" which shall mean, on each Payment Date, all of the tax increment available after other obligations have been April 25, 2011 6 City Council MeetingMinutes paid, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the City by Ramsey County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799. Payments on the Interfund Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future Interfund loans secured in whole or in part with Available Tax Increment. (d)The principal sum and all accrued interest payable under the Interfund Loan are pre- payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. (e)The Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to paythe principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. (f)The City may amend the terms of the Interfund Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3.Effective Date . This resolution is effective upon the date of its approval. th Adopted this 25day of April, 2011. __________________________________________ Mayor ATTEST: City Manager Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 4.Approval of Acceptance of the Assistance to Firefighters Grant and Authorization to Purchase Equipment CouncilmemberNephewmoved toapprove the assistance to firefighters grant and authorize the purchase of the following equipment: three carbon monoxide/SPO2 monitors in the amount of $13,194.58 from Masimo Manufacturing, four power cots in the amount of $44,999.30 and one stair chair in the amount of $2,687.68 from Stryker Manufacturing and six power CPR devices in the amount of $90,008.17 from Physio Control. April 25, 2011 7 City Council MeetingMinutes Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 5.Gladstone Area Redevelopment Improvements, Project 04-21 a.Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids b.Resolution Ordering Preparation of Assessment Roll c.Resolution Accepting Assessment Roll and Ordering Assessment Hearing CouncilmemberNephewmoved toapprove the resolutions for the Gladstone Area Redevelopment Improvements, City Project 04-21: Approving Plans & Specifications and Authorizing Advertisement for Bids, Ordering the Preparation of the Assessment Roll, and Accepting Assessment Roll and Ordering Assessment Hearing. RESOLUTION 11-04-559 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to resolution passed by the city council on March28, 2011,plans and specifications for the Gladstone Area RedevelopmentImprovements, City Project 04-21, have been prepared by (or under the direction of) the city engineer, who has presentedsuch 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 Bulletinan 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 18thday of May, 2011at 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 ofsuch bid. 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 onMay23, 2011. RESOLUTION 11-04-560 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Gladstone Area Redevelopment Improvements, City Project 04-21, 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 ofland abutting April 25, 2011 8 City Council MeetingMinutes 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. RESOLUTION 11-04-561 ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Gladstone Area Redevelopment Improvements, City Project 04-21, 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 23rdday of May, 2011, at the city hall at 7:00p.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 tocause 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 CouncilmemberJuenemann.Ayes –All The motion passed. 6.Conditional Use Permit Review –Xcel Substation, 1480 County Road D Councilmember Nephewmoved toapprove the conditional use permit for Xcel Energy’s electrical substation and related electrical system operations in six months to check on the status of the 10 trees to be planted this summer. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 7.Conditional Use Permit Review –Ramsey County Correctional Facility, 297 Century Avenue South Councilmember Nephewmoved toapprove the conditional use permit for the Ramsey County Correctional Facility, located at 297 Century Avenue South, only if a problem arises or if the owner proposes a major change. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. April 25, 2011 9 City Council MeetingMinutes 8.Approval to Waive the Building Permit and Plan Review Fees for Bruentrup Heritage Farm Machine Shed Councilmember Nephewmoved toapprove waiving the building permit and plan review fees of $611.16 for Bruentrup Heritage Farm Machine Shed. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 9.Approval to Purchase Fire Department Turn Out Gear CouncilmemberNephewmoved toapprove the purchase of eight sets of turnout gear from MES, the area supplier of Globe turnout gear, in the amount of $13,094.96. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. H.PUBLIC HEARING 1.Maplewood Mall Area Improvements –Tax Increment Financing (TIF) Request, 3001 White Bear Avenue a.Resolution Approving TIF Plan for Economic Development TIF District 1-11 b.Resolution Approving Inter-Fund Loan i.Assistant City Manager, Public Works Director, Chuck Ahl introduced the itemand answered questions of the council. ii.Planner, Michael Martin gavea briefreport and answered questions of the council. iii.Financial Consultant, Tom Denaway, Springsted, Inc., St. Paul, gave the report on the Tax Increment Financing (TIF) request, 3001 White Bear Avenue and answered questions of the council. iv.Assistant Vice President, Mikaela Huot with Springsted, Inc. addressed the council and gave additional information on thereport. v.Planning Commissioner, Dale Trippler gave the Planning Commission report. vi.Business & Economic Development Commissioner, David Hesleygave the BEDC report. Mayor Rossbach opened the public hearing. 1.Bob Zick, North St. Paul. 2.Diana Longrie, Maplewood. 3.Mark Jenkins, Maplewood. Mayor Rossbach closed the public hearing. Councilmember Nephewmoved to approve the resolution approvingthe Tax Increment Financing Plan for Economic Development TIF District 1-11 (Maplewood Mall Improvement Project). EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: April 25, 2011 April 25, 2011 10 City Council MeetingMinutes Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of th Maplewood, Ramsey County, Minnesota, was duly called and held on the 25day of April, 2011, at 7:00 p.m. The following members of the Council were present:All and the following were absent:None Member Nephewintroduced the following resolution and moved its adoption: RESOLUTION 11-04-562 APPROVING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-11 THEREIN AND APPROVING A TAX INCREMENT FINANCING PLAN THEREFOR WHEREAS: A.It has been proposed that the City of Maplewood, Minnesota (the "City") modify the Development Program for Development District No. 1 and establish Tax Increment Financing District No. 1-11 ("TIF District No. 1-11") therein and approve and accept the proposed Tax Increment Financing Plan therefor under the provisions of Minnesota Statutes, Sections 469.174 to 469.1799 (the "Act"); and B.The City Council has investigated the facts and has caused to be prepared a modification to the Development Program for Development District No. 1 (the "Development Program Modification"), and has caused to be prepared a proposed tax increment financing plan for TIF District No. 1-11 therein (the "TIF Plan"); and C.The City has performed all actions required by law to be performed prior to the approval of the Development Program Modification and TIF Plan, including, but not limited to, notification of Ramsey County and School District No. 622 having taxing jurisdiction over the property to be included in TIF District No. 1-11 and the holding of a public hearing upon published and mailed notice as required by law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as follows: 1.Development District No. 1. The City has heretofore established in the City Development District No. 1 (the "Development District"), the initial boundaries of which are fixed and determined as described in the Development Program. 2.Development Program Modification. TheDevelopment Program Modification, for the Development District, a copy of which is on file in the office of the City Manager, is adopted as the development program for the Development District. 3.TIF Plan. The TIF Plan is adopted as the tax increment financing plan for TIF District No. 1-11, and the City Council makes the following findings: (a)TIF District No. 1-11 is an economic development district as defined in Minnesota Statutes, Section 469.174, Subdivision 12, the specific basis for such determination being that the proposed development financed by tax increments from TIF District No. 1-11 (the "Project") will result in increased employment in the state and will result in the preservation and enhancement of the tax base of the State. (b)In addition, pursuant to Minnesota Statutes Section 469.176, Subdivision 4c(d), the City finds that the Project will create or retain jobs in the state, including construction jobs, and that the construction of the Project would not have commenced before July 1, 2011, withoutthe tax increment financing assistance to be provided pursuant to the TIF Plan. April 25, 2011 11 City Council MeetingMinutes (c)The proposed development in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future. The reasons supporting this finding are that: (i)Private investment will not finance these development activities due to the high cost of site improvements and infrastructure costs. The City, without tax increment assistance, would not have the resources to undertake the necessary site improvements. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Development District. (ii)A comparative analysis of estimated marketvalues both with and without establishment of TIF District No. 1-11 and the use of tax increments has been performed as described above. Such analysis is found in Exhibit VI of the TIF Plan, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of TIF District No. 1-11 and the use of tax increments. (d)In the opinion of the City Council, the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of TIF District No. 1-11 permitted by the TIF Plan. The reasons supporting this finding are that: (i)The estimated amount by which the market value of the site will increase without the use of tax increment financing is $0, plus a small amount attributable to appreciation in land value; (ii)The estimated increase in the market value that will result from the development to be assisted with tax increment financing is $10,877,452; and (iii)The present value of the projected tax increments for the maximum duration of the district permitted by the tax increment financing plan is $945,566. (e)The TIF Plan for TIF District No. 1-11 conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: (i)TIF District No. 1-11 is properly zoned; and (ii)The Planning Commission of the City has determined that the proposed TTIF Plan conforms to the general plan for the development and redevelopment of the City as a whole; and (iii)The TIF Plan will generally compliment and serve to implement policies adopted by the City. (f)The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelopment of the Development District by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within the Development District. 4.Public Purpose.The adoption of the Development Program Modification and TIF Plan conform in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of April 25, 2011 12 City Council MeetingMinutes the State which is already built up to provide employment opportunities and to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 5.Certification. The Auditor of Ramsey County is requested to certify the original net tax capacity of TIF District No. 1-11 as described in TIF Plan, andto certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Manager is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within TIF District No. 1-11 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 6.Filing. The City Manageris further authorized and directed to file a copy of the Development Program and TIF Plan for TIF District No. 1-11 with the Commissioner of Revenue and the Office of the State Auditor. 7.Administration. The administration of the Development District is assigned to the City Manager who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. The motion for the adoption of the foregoing resolution was dulyseconded by Mayor Rossbachand upon vote being taken thereon, the following voted infavor thereof: Mayor Rossbach, Councilmembers Juenemann & Nephew and the following voted against the same:Councilmembers Koppen & Llanas Whereupon said resolution was declared duly passed and adopted. Seconded by Mayor Rossbach.Ayes –Mayor Rossbach, Councilmembers Juenemann & Nephew Nays–Councilmembers Koppen, & Llanas The motion passed. STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Manager 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 of said City, duly called and held on the date therein indicated, April 25, 2011 13 City Council MeetingMinutes insofar as such minutes relate to the modification to the Development Program for Development District No. 1 and the establishment of Tax Increment Financing District No. 1-11 therein in the City. th WITNESS my hand this 25day of April, 2011. ________________________________ City Manager Councilmember Nephew moved to approve theresolution for the Inter-Fund Loan for the Maplewood Mall Improvement Project RESOLUTION 11-04-563 APPROVING THE TERMS OF UP TO A $952,900 INTERFUND LOAN IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1-11 BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood, Minnesota (the "City"), as follows: Section 4.Background. (a)The City has heretofore approved the establishment of Tax Increment Financing District No. 1-11 (the "TIF District") within Development District No. 1, and has adopteda tax increment financing plan for the TIF District (the "TIF Plan"). (b)The City has determined to pay for certain costs identified in the TIF Plan consisting of land/building acquisition, public utilities, site improvements/preparation, other eligible improvements, and administrative costs (the "Qualified Costs") incurred in connection with the establishment of the TIF District and development/redevelopment of land within the TIF District, which costs will be financed on a temporary basis from City funds available for such purposes. (c)Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally made, in order to finance the Qualified Costs. (d)The City intends to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 5.Terms of Interfund Loan. (a)The City hereby authorizes the advance of up to $952,900 from the________________ or the City's General Fund or so much thereof as may be paid as Qualified Costs. The City shall reimburse itself for such advances together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 arefrom time to time adjusted. The interest rate shall be 4% and will not fluctuate. April 25, 2011 14 City Council MeetingMinutes (b)Principal and interest on the Interfund Loan shall be paid semi-annually on each February 1 and August 1 (each a "Payment Date") commencing with the Payment Date on which the City has Available Tax Increment (defined below), or on any other dates determined by the City Manager, through the last receipt of tax increment from the TIF District. (c)Payments on the Interfund Loan are payable solely from "Available Tax Increments" which shall mean, on each Payment Date, all of the tax increment available after other obligations have been paid, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the City by Ramsey County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799. Payments on the Interfund Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future Interfund loans secured in whole or in part with Available Tax Increment. (d)The principal sum and all accrued interest payable under the Interfund Loan are pre- payable in whole or in part at any time by the City without premium orpenalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. (e)The Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation ofthe State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. (f)The City may amend the terms of the InterfundLoan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 6.Effective Date. This resolution is effective upon the date of its approval. th Adopted this 25day of April, 2011. __________________________________________ Mayor ATTEST: City Manager Seconded by Mayor Rossbach.Ayes –All The motion passed. The city council took a recess at 9:10 p.m. April 25, 2011 15 City Council MeetingMinutes The city council reconvened at 9:20 p.m. Mayor Rossbach moved to hear item J. 1. New Business prior to I. Unfinished Business. Seconded by Councilmember Koppen.Ayes –All The motion passed. J.NEW BUSINESS (HEARD OUT OF ORDER) 1.Consideration of Penalties for Alcoholand Tobacco Compliance Failures a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report on Penalties for Alcohol and Tobacco Compliance Failures and answered questions of the council. Representatives were present to address the city council from A1 Liquor, Bambu Asian Cuisine, Downtown Lav 52 KM, Hillside Wine & Spirits, Holiday 2729 Stillwater Road, Sarrack’s Int’l Wine & Spirits. There was not arepresentative from The Ponds at Battle Creek Golf Course. Councilmember Nephew moved toapprove the staff recommended fines for alcohol and tobacco with the exception of The Ponds at Battle Creek Golf Course which the council requeststhey attend a future city council meeting to address the city council. A1 Liquor, 19 Century Avenue South, Maplewood. $500 Tobacco Fine Bambu Asian Cuisine, 1715 Beam Avenue, Maplewood. $1,000 Alcohol Fine Downtown LAV 52 KM, 3030 Southlawn Drive, Maplewood. $500 Alcohol Fine Hillside Wine & Spirits, 1690 McKnight Road, Maplewood. $500 Alcohol Fine Holiday, 2729Stillwater Road, Maplewood. $250 Tobacco Fine Sarrack’s Int’l Wine & Spirits, 2305 Stillwater, Maplewood. $2,000 Alcohol Fine Seconded by CouncilmemberKoppen.Ayes –All The motion passed. I.UNFINISHED BUSINESS 1.Organized Trash Collection System Analysis a.Resolution Approving Scope of Work and Budget for Consultant Assistance b.Resolution Approving General Consultant Service Agreement with Foth Infrastructure & Environment, LLC i.Environmental Planner, Shann Finwall gave the report on the Organized Trash Collection System Analysis and answered questions of the council. April 25, 2011 16 City Council MeetingMinutes ii.City Attorney, Alan Kantrud addressed and answered questions of the council. iii.City Manager, James Antonen addressed the council. CouncilmemberNephewmoved to approve the resolution approving a scope of work and budget for consultant assistance. This resolution approves of a work schedule and budget for the next phase of the organized trash collection system analysis process. RESOLUTION 11-04-564 CITY OF MAPLEWOOD COUNTY OF RAMSEY STATEOF MINNESOTA Resolution Approving Scope of Work and Budget for Consultant Assistance WHEREAS, Maplewood City Council adopted a Resolution of Intent to Organize Trash Collection on March 28, 2011. WHEREAS,the adoption of a Resolution of Intent to Organize Trash Collection by the Maplewood City Council was the beginning of a planning process to initiate public participation and evaluate all trash collection system options, including evaluating the city’s current open trash collection system for potentialimprovements. WHEREAS, staff is recommending that the next phase of the organized trash collection system analysis include the formation of a Trash Hauling Working Group to be made up of two City Councilmembers and three Environmental and Natural Resources Commissioners. WHEREAS, staff is recommending the city contract with Foth Infrastructure & Environment, LLC, for the next phase of the organized trash collection system analysis. NOW, THEREFORE, be it resolved that the Maplewood City Council hereby approves a scope of work and budget for consultant assistance from Foth Infrastructure & Environment, LLCas attached hereto as Exhibit 1 for the next phase of the organized trash collection system analysis. The budget is not to exceed $40,000 for this phase of the analysis, to be funded by a portion of the city’s 2011 SCORE grant funds. Adopted this 25th day of April, 2011. Signed:Attest: ____________________________________________________________________ MayorCity Clerk Seconded byMayor Rossbach.Ayes –Mayor Rossbach Councilmembers Juenemann, Llanas & Nephew Nay–Councilmember Koppen The motion passed. Councilmember Nephewmoved to approve the resolution approving general consultant agreement with Foth Infrastructure & Environment, LLC. This resolution authorizes Foth Infrastructure & Environment, LLC to provide professional consulting services to the City of Maplewood for the next phase of the organized trash collection system analysis process. April 25, 2011 17 City Council MeetingMinutes RESOLUTION 11-04-565 CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving General Consultant Service Agreement with Foth Infrastructure & Environment, LLC WHEREAS, Maplewood City Council adopted a Resolution of Intent to Organize Trash Collection on March 28, 2011. WHEREAS,the adoption of a Resolution of Intent to Organize Trash Collection by the Maplewood City Council was the beginning of a planning process to initiate public participation and evaluate all trash collection systemoptions, including evaluating the city’s current open trash collection system for potential improvements. WHEREAS, the city has obtained three request for qualifications (RFQs) for professional assistance during the planning process. WHEREAS, after a professional review of the RFQs, staff has recommended the City Council authorize consultant assistance from Foth Infrastructure & Environment, LLC, for the next phase of the organized trash collection system analysis. NOW, THEREFORE, be it resolved that the Maplewood City Council hereby approves a general consultant service agreement with Foth Infrastructure & Environment, LLC, attached hereto as Exhibit 1 for the next phase of the organized trash collection system analysis. Adopted this 25th day of April, 2011. Signed:Attest: ____________________________________________________________________ MayorCity Clerk Seconded by CouncilmemberJuenemann.Ayes –Mayor Rossbach Councilmembers Juenemann, Llanas & Nephew Nay–Councilmember Koppen The motion passed. J.NEW BUSINESS (HEARD OUT OF ORDERAHEAD OF I. UNFINISHED BUSINESS) K.VISITOR PRESENTATIONS 1.Dave Schelling, Maplewood.Mr. Schelling spoke about the Organized Trash Collection System. He also discussed that in 2002 it cost $13 million dollars to run the Newport waste processing facility plant he also expressed his concerns of landfills closing. 2.Bob Zick, North St. Paul.Mr. Zick talked about various things including the budget and Capital Improvement Plan that was discussed at the council workshop. Mr. Zick also mentioned an April 25, 2011 18 City Council MeetingMinutes articlethat was printed in the St. Paul Pioneer Pressregarding spending and hisbudget concerns for the City of Maplewood. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS 1.Trash Bills–Councilmember Nephew Councilmember Nephewdiscussedthe 2011 base rates for new trash customers and gave a detailed presentation on solid waste bills. 2.City Clean-Up–Councilmember Juenemann The Spring Clean Up for Maplewood residents is Saturday, April 30, 2011,from 8 a.m.to 1 p.m.at Aldrich Arena, 1850 White Bear Avenue, Maplewood. 3.Earth Day–Councilmember Juenemann Councilmember Juenemann said Earth day was Friday,April 22, 2011, and stated she accompaniedcity staff to clean up the local area and asked others to help do their part and keep the city clean. st 4.May 1Dedication–Councilmember Juenemann Councilmember Juenemann reminded residents that Sunday, May 1, 2011,at 1:00 p.m. is the unveiling of theMaplewood Police Memorial in front of city hall. 5.Heritage Preservation Commission Update–Councilmember Koppen Councilmember Koppen thanked the council for appointing him as the liaison to the Historical Preservation Commission as he has enjoyed attending the meetings. 6.Staff Presentations–Councilmember Llanas Councilmember Llanas stated last week he encouraged staff to use the technology that’s available to reduce paper consumption. He thanked the staff for their presentations and a job well done. 7.May 7, 2011, Citizens Forum Town Hall Meeting–Councilmember Nephew Councilmember Nephew saidthe next Citizens Forum,Town Hall Meeting will be held Saturday, May 7, 2011,10:00 a.m. to 12:00 p.m.at Ecumen Lakeview Commons, 1200 nd Lakeview Drive North, Maplewood, 2floor in the Community Room. The topic will be to discuss the City Council Goals for 2011 –2013. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 10:42p.m. April 25, 2011 19 City Council MeetingMinutes