HomeMy WebLinkAbout03-26-2012 City Council Meeting MinutesMINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, March 26, 2012
Council Chambers, City Hall
Meeting No. 06 -12
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CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:03 p.m. by Mayor Rossbach.
PLEDGE OF ALLEGIANCE
ROLL CALL
Will Rossbach, Mayor Present
Robert Cardinal, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
James Llanas. Councilmember Present
APPROVAL OF AGENDA
The following items were added to the agenda.
L1 April 2, 2012 City Council Workshop Meeting Attendance
M1 Resolution of Support for the Interstate 35E MnPASS
M2 City Clean -Up
M3 Listening Forum
M4 Earth Hour
M5 BEDC Commission
Councilmember Juenemann moved to approve the agenda as amended.
Seconded by Councilmember Koppen Ayes — All
The motion passed.
APPROVAL OF MINUTES
1. Approval of March 12, 2012 City Council Meeting Minutes
Councilmember Juenemann moved to approve the March 12, 2012 City Council Meeting Minutes
as submitted.
Seconded by Councilmember Koppen Ayes — All
The motion passed.
APPOINTMENTS AND PRESENTATIONS
1. Presentation of 2011 AMBO Award to Maplewood Building Inspections Department
Craig Hoium, Building Official from Austin, Minnesota and past President of AMBO; Kathi
Osmonson, Building Official from Mounds View, Minnesota and Current Chairman of AMBO; and
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Rick Hauffe Government Affairs Officer for the International Code Council were present and
addressed the council.
Mr. Hoium gave a brief description about the award presentation. Ms. Osmonson presented the
2011 AMBO Award to Mayor Rossbach and the City of Maplewood. Mr. Hauffee presented a
Certificate of Recognition from the International Code Council to retiring chair of AMBO Dave
Fisher.
G. CONSENT AGENDA
Councilmember Juenemann asked that agenda items G5 and G8 be highlighted.
Councilmember Juenemann moved to approve agenda items G1 — G9.
Seconded by Councilmember Llanas Ayes — All
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the Approval of Claims.
ACCOUNTS PAYABLE
$ 351,048.33 Checks #86628 thru # 86666
dated 3/9/12 thru 3/13/12
$ 422,591.07 Disbursements via debits to checking account
dated 3/5/12 thru 3/9/12
$ 127,154.15 Checks # 86667 thru # 86702
dated 3/12/12 thru 3/20/12
$ 232,221.19 Disbursements via debits to checking account
dated 3/12/12 thru 3/16/12
$ 1,133,014.74 Total Accounts Payable
PAYROLL
$ 495,774.33 Payroll Checks and Direct Deposits dated 3/16/12
$ 2,210.89 Payroll Deduction check # 9985916 thru # 9985920
dated 3/16/12
$ 497,985.22 Total Payroll
$ 1,630,999.96 GRAND TOTAL
Seconded by Councilmember Llanas Ayes — All
The motion passed.
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2. Approval of Resolution for a Temporary Gambling Permit for St. Pascal Baylon
Church
Councilmember Juenemann moved to approve the Resolution for a Temporary Gambling Permit
for St. Pascal Baylon Church.
RESOLUTION 12 -3 -696
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary lawful gambling permit for Saturday, April 21, 2012 is approved for St. Pascal Baylon
Church, 1757 Conway Street, St. Paul with the event being held at the Maplewood Community
Center, 2100 White Bear Avenue, Maplewood.
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 permit application as being in
compliance with Minnesota Statute §349.213.
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 Llanas Ayes — All
The motion passed.
3. Authorize Purchase of Bituminous Materials for 2012
Councilmember Juenemann moved to approve the Purchase of Bituminous Materials for 2012 in
an Amount up to $50,000.
Seconded by Councilmember Llanas Ayes — All
The motion passed.
4. Authorize Ramsey County to Perform 2012 Street Striping
Councilmember Juenemann moved to approve Ramsey County Perform 2012 Street Striping in
an Amount not to exceed $27,000.
Seconded by Councilmember Llanas Ayes — All
The motion passed.
5. Approval of Resolution Accepting Donation from 3M
Assistant City Manager Ahl gave the staff report.
Councilmember Juenemann moved to approve the Resolution Accepting Donation from 3M in the
Amount of $31,000.
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RESOLUTION 12 -3 -697
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 donor's terms if so- prescribed, and;
WHEREAS, 3M Company wishes to grant the City of Maplewood the following:
Stamark Pavement Marking Tape materials including pavement messages, turn arrows,
turn lane striping, and crosswalk markings for use on Conway Avenue between McKnight Road
and Century Avenue in conjunction with the 2012 Mill and Overlay Improvements, City Project 11-
15, and;
WHEREAS, 3M Company, has instructed that the City will be required to use the
aforementioned for: Permanent pavement markings on Conway Avenue between McKnight
Road and Century Avenue in Maplewood, and;
WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the
purposes and under the terms prescribed, and;
WHERAS, this donation would only be accepted if the mill and overlay of Conway Avenue
is approved as part of the 2012 Mill and Overlay Project, City Project 11 -15, and;
WHEREAS, the City agrees that it will accept the gift 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 gift 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
March 26, 2012.
Signed: Signed: Witnessed:
(Signature) (Signature) (Signature)
Mayor City Manager City Clerk
(Title) (Title) (Title)
(Date) (Date) (Date)
Seconded by Councilmember Llanas Ayes — All
The motion passed.
Municipal State Aid Streets Designation
a. Resolution Revoking Municipal State Aid Streets
b. Resolution Establishing Municipal State Aid Streets
Councilmember Juenemann moved to approve the Resolution Revoking Municipal State Aid
Status for Gervais Avenue from 0.20 Miles East of English Street to Barclay Street, and Gervais
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Avenue from Barclay Street N to Hazelwood Street, and Bartelmy Lane N from Minnehaha to
Stillwater Road.
RESOLUTION 12 -3 -698
REVOKING MUNICIPAL STATE AID STREETS
WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter
described as Municipal State Aid Streets be removed from consideration as Municipal State Aid
Streets under the provisions of Minnesota law,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood, that
the roads describe as follows. to wit:
MSAS 138 - 110 -018 Gervais Avenue from 0.20 miles east of English Street to Barclay Street
(reported segment length 0.06 miles — measured segment length 0.13 miles — reported
segment length does not include 0.07 miles of non - constructed road)
MSAS 138 - 110 -020 Gervais Avenue from Barclay Street N to Hazelwood Street (0.18 miles)
MSAS 138 - 129 -010 Bartelmy Lane N from Minnehaha Avenue to Stillwater Road (0.57 miles)
be, and herby are revoked as Municipal State Aid Streets of said city, subject to the approval of
the Commissioner of Transportation of the State of Minnesota.
Dated at Maplewood Minnesota, this 26` day of March 2012.
Seconded by Councilmember Llanas Ayes — All
The motion passed.
Councilmember Juenemann moved to approve Resolution Establishing Municipal State Aid
Status for Viking Drive from Gervais Avenue from English Street, Gervais Avenue from 0.20 miles
East of English Street to Barclay Street at Midpoint of Curve, Barclay Street at Midpoint of Curve
to Viking Drive, and Viking Drive from Barclay Street to Hazelwood Street.
RESOLUTION 12 -3 -699
ESTABLISHING MUNICIPAL STATE AID STREETS
WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter
described meet all necessary criteria and thus should be designated as Municipal State Aid
Streets under the provisions of Minnesota law,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood,
that the roads describe as follows. to wit:
• Viking Drive: From Gervais Avenue to English Street, total length 0.45 miles
• Gervais Avenue: From 0.20 miles east of English Street to Barclay Street at midpoint on
curve, total length 0.12 miles
• Barclay Street: From Gervais Avenue at midpoint on curve to Viking Drive, total length 0.10
miles
• Viking Drive: From Barclay Street to Hazelwood Street, total length 0.18 miles
be, and herby is established, located, and designated a Municipal State Aid Street of said city,
subject to the approval of the Commissioner of Transportation of the State of Minnesota.
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BE IT FURTHER RESLOVED, that the city clerk is hereby authorized and directed to
forward two certified copies of this resolution to the Commissioner of Transportation for this
consideration and that upon the Commissioner's approval of the revocation of said streets or
portions thereof, that same be revocated as Municipal State Aid Streets and that upon the
Commissioner's approval of the designation of said streets or portions thereof, that the same be
constructed, numbered and known a s Municipal State Aid Streets identified herein.
Dated at Maplewood Minnesota, this 26` day of March 2012.
Seconded by Councilmember Llanas Ayes — All
The motion passed.
Bartelmy -Meyer Area Street Improvements, Project 11 -14
a. Resolution Approving Plans and Specifications and Advertising for Bids
b. Resolution Ordering Preparation of Assessment Roll
Councilmember Juenemann moved to the Resolutions for the Bartelmy -Meyer Area Street
Improvements, City Project 11 -14: Approving Plans and Advertisement for Bids and Ordering the
Preparation of the Assessment Roll.
RESOLUTION 12 -3 -700
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on January 23, 2012 plans
and specifications for the Bartelmy Meyer Area Street Improvements, City Project 11 -14, 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 engineer.
The city clerk or office of the city engineer 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 4` day of May, 2012, at 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.
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 14, 2012.
RESOLUTION 12 -3 -701
ORDERING PREPARATION OF ASSESSMENT ROLL
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WHEREAS, the city clerk and city engineer will receive bids for the Bartelmy Meyer Area
Street Improvements, City Project 11 -14,
NOW, THEREFORE, BE IT RESOLVED BYTHE CITYCOUNCIL 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 Llanas Ayes — All
The motion passed.
8. 2011 Business and Economic Development Commission Annual Report
Mark Jenkins, Chair of the Business and Economic Development Commission addressed and
answered questions of the council.
Councilmember Juenemann moved to approve the 2011 Business and Economic Development
Commission Annual Report.
Seconded by Councilmember Llanas Ayes — All
The motion passed.
9. Approval to Purchase Fire Department Pagers
Councilmember Juenemann moved to approve the Purchase of 35 Motorola Minitor 5 Pagers in
the Amount of $18,000 from Ancom Communications for the Fire Department.
Seconded by Councilmember Llanas Ayes — All
The motion passed.
H. PUBLIC HEARING
1. Consider Approval of Resolution for Grant Application for Fish Creek Land
Acquisition
Natural Resource Coordinator Gaynor presented the staff report and answered questions of the
council. City Manager Antonen provided additional information background information on the
Fish Creek Land Acquisition. Parks and Recreation Director Konewko answered questions of the
council relating to the purchase of Fish Creek Land.
Mayor Rossbach opened the public hearing. The following people spoke:
1. Ron Cockriel, Maplewood Resident
2. Bob Zick, North St. Paul Resident
Mayor Rossbach closed the public hearing.
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Councilmember Juenemann moved to approve the Resolution for the Grant Application for Fish
Creek Land Acquisition.
RESOLUTION 12 -3 -702
CITY'S INTENT TO APPLY FOR A NATURAL AND SCENIC AREA GRANT FOR LAND
ACQUISITION IN FISH CREEK GREENWAY
WHEREAS the City of Maplewood is eligible to apply for a Natural and Scenic Area Grant
through the Minnesota Department of Natural Resources, prior to the application deadline of
March 30, 2012; and
WHEREAS the city is seeking funding to acquire land in the Fish Creek Natural Area
Greenway; and
WHEREAS the proposed land acquisition meets the purposes and criteria of the Natural
and Scenic Area Grant proposal guidelines;
NOW THEREFORE BE IT RESOLVED that:
1. City of Maplewood act as legal sponsor for the project contained in the Natural and Scenic
Area Grant Program Application to be submitted by March 30, 2012 and that the Parks and
Recreation Director is hereby authorized to apply to the Department of Natural Resources for
funding of this project on behalf of City of Maplewood; and
2. City of Maplewood has the legal authority to apply for financial assistance, and financial
capability to meet the match requirement and ensure adequate management and protection;
and
3. Upon approval of its application by the state, City of Maplewood may enter into an agreement
with the State of Minnesota for the above - referenced project, and that City of Maplewood
certifies that it will comply with all applicable laws and regulations as stated in the grant
agreement including dedicating the park property for natural and /or scenic uses into
perpetuity; and
4. The Parks and Recreation Director is hereby authorized to execute such agreements as are
necessary to implement the project on behalf of the applicant.
Adopted this 26th day of March 2012.
Seconded by Councilmember Llanas Ayes — All
The motion passed.
Public Hearing on 2013 — 2017 Capital Improvement Plan and Issuance of Capital
Improvement Bonds
a. Public Hearing
b. Resolution Approving 2013 — 2017 Capital Improvement Plan and the Issuance
of Capital Improvement Bonds (4 votes required)
Assistant City Manager Ahl presented the staff report and answered questions of the council.
Fire Chief Lukin answered questions of the council relating to the fire station strategic plan.
Finance Manager Bauman answered questions of the council relating to debt section of the CIP
document. Chair of the Business and Economic Development Commission Mark Jenkins
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addressed the council to present the BEDC report. Planning Commissioner Tanya Nuss
addressed the council and presented the Planning Commission report.
Mayor Rossbach opened the public hearing. The following people spoke:
1. Ron Cockriel, Maplewood Resident
2. Bob Zick, North St. Paul Resident
3. James Behrens, Maplewood Resident
4. Margaret Behrens, Maplewood Resident
Mayor Rossbach closed the public hearing.
Councilmember Llanas moved to approve the Resolution Approving the Capital Improvement
Plan and Authorizes Consideration of the Issuance of Capital Improvement Bonds.
RESOLUTION 12 -3 -703
APPROVING A CAPITAL IMPROVEMENT PLAN
AND
ISSUANCE OF CAPITAL IMPROVEMENT BONDS
WHEREAS, pursuant to Minnesota Statutes, Section 475.521, the City of Maplewood,
Minnesota (the "City ") is authorized to adopt a capital improvement plan and issue bonds to
finance capital improvements described therein; and,
WHEREAS, pursuant to Minnesota Statutes, Section 475.521, Subdivision 2, the City
Council did hold a public hearing after 7:00 pm on Monday, March 26, 2012, and notice of said
hearing was duly published and noticed; and
WHEREAS, in approving the 2013 — 2017 Capital Improvement Plan, the City Council
considered for each project and for the overall plan:
2.
3.
4.
5.
6.
7.
8.
The condition of the City's existing infrastructure,
repair and replacement;
The likely need for the improvement;
The estimated cost of the improvement;
The available public resources;
The level of overlapping debt in the City;
The relative benefits and costs of alternative uses of the funds;
Operating costs of the proposed improvements; and
Alternatives for providing services more efficiently through shared facilities with
other local governments; and
including the projected need for
WHEREAS, the Maplewood City Council has determined that the issuance of Capital
Improvement Bonds in the aggregate amount not to exceed $9,500,000 [further defined as
$4,250,000 for City Hall Improvements for Police Department Expansion and $5,250,000 for a
New Fire Station at 3M Campus] is the best way to finance those portions of the Capital
Improvement Plan eligible under Minnesota Statutes, Section 475.521; and
WHEREAS, the Maplewood Planning Commission has conducted a Public Hearing and
determined and recommended that the 2013 — 2017 Capital Improvement Plan is consistent with
the Maplewood Comprehensive Plan.
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NOW, THEREFORE, BE IT RESOLVED, the Maplewood City Council adopts the 2013 -
2017 Capital Improvement Plan and authorizes consideration of the issuance of Capital
Improvement Bonds in the aggregate principal amount not to exceed $9,500,000.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
UNFINISHED BUSINESS
Approval of Second Reading of the Ordinance Regulating the Possession, Sale and
Consumption of Tobacco and Tobacco Related Devices and Products
City Clerk Guilfoile presented the staff report.
Councilmember Llanas moved to approve the Second Reading of Chapter 14 Regulating the
Possession, Sale and Consumption of Tobacco and Tobacco Related Devices and Products.
ORDINANCE 920
CITY OF MAPLEWOOD
AN ORDINANCE RELATING TO REGULATION OF TOBACCO SALES, REPEALING
CHAPTER 14, ARTICLE XVIII OF THE MAPLEWOOD CITY CODE
The City Council of the City of Maplewood hereby ordains:
Section 1. RECITALS
The Minnesota Legislature has enacted the Minnesota Clean Indoor Air Act (Minnesota Statutes,
Sections 144.411 to 144.417), the purpose of which is to protect employees and the general
public from the hazards of secondhand smoke by eliminating smoking in public places, places of
employment, public transportation and at public meetings, and nothing in the Minnesota Clean Air
Act prohibits the City from enacting and enforcing more stringent measures to protect individuals
from secondhand smoke. Pursuant to this authority and for the purpose of protecting individuals
from the hazards of secondhand smoke the City has determined that it is in the best interest of
the public to prohibit the lighting of tobacco in a retail establishment by a customer or potential
customer for the purpose of sampling tobacco products.
Section 2. PURPOSE.
The City recognizes the public health hazards of exposure of individuals to secondhand smoke.
This article is intended to regulate the sale, possession, and use of tobacco, tobacco products,
and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect
minors against the serious effects associated with the illegal use of tobacco, tobacco products,
and tobacco related devices, to protect individuals from the hazards of secondhand smoke, and
to further the official public policy of the State of Minnesota as stated in M.S. § 144.391 and
M.S. § 144.412, as they may be amended from time to time.
Section 3. DEFINITIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
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COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those
authorized to sell tobacco, tobacco products, tobacco - related devices, and nicotine or lobelia
delivery devices are following and complying with the requirements of this ordinance.
Compliance checks shall involve the use of minors as authorized by this ordinance.
Compliance Checks shall also mean the use of minors who attempt to purchase tobacco, tobacco
products, tobacco - related devices, or nicotine or lobelia delivery devices for educational, research
and training purposes as authorized by state and federal laws. Compliance checks may also be
conducted by other units of government for the purpose of enforcing appropriate federal, state or
local laws and regulations relating to tobacco, tobacco products, tobacco - related devices, and
nicotine or lobelia delivery devices.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped
individually for sale. Individually wrapped tobacco and tobacco products shall include but not be
limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single
cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more
than a single pack or other container as described in this definition shall not be considered
individually packaged.
INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or
windows, whether open or closed, covering more than 50 percent of the combined surface area
of the vertical planes constituting the perimeter of the area. A wall includes any retractable
divider, garage door, or other physical barrier, whether temporary or permanent.
LOOSIES. The common term used to refer to a single or individually packaged cigarette or any
other tobacco product that has been removed from its packaging and sold individually. The term
"loosies" does not include individual cigars with a retail price, before any sales taxes, of more
than $2.00 per cigar.
MINOR. Any natural person who has not yet reached the age of 18 years.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van,
automobile or other type of vehicle or transportable shelter and not a fixed address store front or
other permanent type of structure authorized for sales transactions.
NICOTINE OR LOBELIA DELIVERY DEVICES. Any product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco as
defined in this section, not including any product that has been approved or otherwise certified for
legal sale by the United States Food and Drug Administration for tobacco use cessation, harm
reduction, or for other medical purposes, and is being marketed and sold solely for that approved
purpose.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products, tobacco -
related devices, or nicotine or lobelia delivery devices are available for sale to the general public.
The phrase shall include but not be limited to grocery stores, convenience stores, restaurants,
and drug stores.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF - SERVICE MERCHANDISING. Open displays of tobacco, tobacco products, tobacco -
related devices, or nicotine or lobelia delivery devices in any manner where any person shall
have access to the tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia
delivery devices, without the assistance or intervention of the licensee or the licensee's
employee. The assistance or intervention shall entail the actual physical exchange of the tobacco,
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tobacco product, tobacco - related device, or nicotine or lobelia delivery device between the
customer and the licensee or employee. Self- service sales are interpreted as being any sale
where there is not an actual physical exchange of the product between the clerk and the
customer.
SMOKING. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any
other lighted or heated tobacco or plant product. Smoking also includes carrying a lighted or
heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for
inhalation.
TOBACCO or TOBACCO PRODUCTS. Tobacco and tobacco products includes cigarettes and
any product containing, made, or derived from tobacco that is intended for human consumption,
whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, or any component, part, or accessory of a tobacco product; cigars; cheroots;
stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff;
snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse
scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco.
Tobacco excludes any tobacco product that has been approved by the United States Food and
Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product,
or for other medical purposes, and is being marketed and sold solely for such an approved
purpose.
TOBACCO - RELATED DEVICES. Tobacco - related devices includes any tobacco product as well
as a pipe, rolling papers, ashtray, or other device intentionally designed or intended to be used in
a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which
dispenses tobacco, tobacco products or tobacco - related devices upon the insertion of money,
tokens or other form of payment directly into the machine by the person seeking to purchase the
tobacco, tobacco product or tobacco - related device.
Section 4. LICENSE REQUIRED
(A) Generally. No person may directly or indirectly or by means of any device keep for retail sale,
sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, or tobacco
related devices, or nicotine or lobelia delivery device at any place in the City unless a license
has first been issued by the City as provided in this section.
(B) Specifically.
(1) Application. An application for a license to sell tobacco, tobacco products, and
tobacco related devices shall be made on a form provided by the City. The application shall
contain the full name of the applicant, the applicant's residential and business addresses, and
telephone numbers, the name of the business for which the license is sought, and any additional
information the City deems necessary.
(2) Action. Upon receipt of a completed application, the city clerk shall forward the
application to the police department for investigation. The police department shall conduct an
investigation of the applicant and application regarding the fitness of the applicant to hold a
license pursuant to the standards set forth in this article, and reports the results of its investigation
to the city clerk within 30 days of receipt of the application. After the City finishes its
investigation, and reviews the finding, the application will be approved or denied by the City
Manager or his designee. If the application is approved it will be issued by the City Clerk, if the
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City Manager or his designee denies the application, notice of the denial shall be given to the
applicant along with notification of the applicant's right to appeal the decision.
(3) Fees. No license shall be issued under this ordinance until the appropriate license
or investigation fee is paid in full. The fee(s) shall be established by the city council by resolution
from time to time.
(4) Sanctions for violation. Shall be set by the city council at penalty phase not to be
less than State mandated guidelines.
(5) Transfers. All licenses issued under this section shall be valid only on the
premises for which the license was issued and only for the person to whom the license was
issued.
(6) Moveable place of business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this subchapter.
(7) Display. All licenses shall be posted and displayed in plain view of the general
public on the licensed premises.
(8) Renewals. The renewal of a license issued under this section shall be handled in
the same manner as the original application. The request for a renewal shall be made at least 30
days prior, but no more than 60 days before the expiration of the current license. The license
holder is not entitled to an automatic renewal of the license.
Section 5. BASIS FOR DENIAL OF LICENSE.
The following shall be grounds for denying the issuance of or renewal of a license under this
subchapter; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the
discovery that the person was ineligible for the license under this section.
(A) The applicant is under the age of 18 years of age;
(B) The applicant has been convicted within the past 5 years of any violation of a federal, state, or
local law, ordinance provision, or other regulation relating to tobacco products, or tobacco
related devices.
(C) The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices
revoked within the preceding 12 months of the date of application.
(D) The applicant fails to provide any information required on the application, or provides false or
misleading information.
(E) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation,
from holding such a license.
(F) Nonpayment by the property owner and /or applicant of any fees or charges owed to the City
and /or county, including but not limited to utilities and property taxes.
(G) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the
discovery that the person was ineligible for the license under this chapter.
Section 6. PROHIBITED SALES.
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It shall be a violation of this subchapter for any person to sell or offer to sell any tobacco, tobacco
product, or tobacco related device:
(A) To a minor;
(B) By a vending machine;
(C) By self - service;
(D) As Ioosies;
(E) If the tobacco or tobacco products contain opium, morphine, jimsonweed, belladonna,
strychnos, cocaine, marijuana, or other delirious, hallucinogenic, toxic, or controlled
substances except nicotine and other substances found naturally in tobacco or added as part
of an otherwise lawful manufacturing process; and /or
(F) To any other person, in any other manner or form prohibited by federal or state law or
regulation, or by local ordinance.
Section 7. SMOKING PROHIBITED.
It shall be unlawful for any of the following to occur in a licensed premise: the lighting, inhaling,
exhaling or combination thereof of tobacco, tobacco products, or tobacco related devices by any
person.
Section 8. COMPLIANCE CHECKS AND INSPECTIONS.
All licensed premises shall be open to inspection by the city police or other authorized city official
during regular business hours. From time to time, but at least once per year the city shall conduct
compliance checks by engaging with the written consent of their parents or guardians, minors
over the age of 15 years but less than 18 years to enter the licensed premise to attempt to
purchase tobacco, tobacco products or tobacco related devices. Minors used for the purpose of
compliance checks shall be supervised by city designated law enforcement officers or other
designated city personnel. Minors used for compliance checks shall not be guilty of unlawful
possession of tobacco, tobacco products or tobacco - related devices when those items are
obtained as a part of the compliance check. No minor used in compliance checks shall attempt to
use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a
compliance check shall answer all questions about the minor's age asked by the licensee or his
or her employee and shall produce any identification, if any exists, for which he or she is asked.
60-t a III:1•YII+] W-1 0101 ki 6IFe1ki Ul »ki let N�'
(A) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking
prosecution as a misdemeanor for any alleged violation of this ordinance.
(B) Administrative penalties.
(1) Licensees. Any licensee found to have violated this chapter, or whose employee
shall have violated this chapter, shall be charged an administrative fine of $250 for a first violation
of this chapter; $500 for a second offense at the same licensed premises within a 24 -month
period; and $750 for a third or subsequent offense at the same location within a 24 -month period.
In addition, after the third offense, the license shall be suspended for not less than seven
consecutive days.
March 26, 2012 14
City Council Meeting Minutes
(2) Other individuals. Other individuals, other than minors regulated by this section
found to be in violation of this chapter shall be charged an administrative fine of $50.
(3) Minors. Minors found in unlawful possession of or who unlawfully purchase or
attempt to purchase, tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia
delivery devices, shall be subject to an administrative fine, or may be subject to tobacco - related
education classes, diversion programs, community services, or another penalty that the city
believes will be appropriate and effective. The administrative fine or other penalty shall be
established by City Council ordinance upon the City Council's consultation with interested parties
of the courts, educators, parents and children to determine an appropriate penalty for minors in
the city. This administrative fine or other penalty may also be established from time to time by the
Ordinance Establishing Fees and Charges, as it may be amended from time to time.
(4) Statutory penalties. If the administrative penalties authorized to be imposed by
M.S.§ 461.12, as it may be amended from time to time, differ from those established in this
section, then the statutory penalties shall prevail.
Section 10. EFFECTIVE DATE.
This ordinance shall become effective as of the date of its publication.
First Reading: March 12, 2012
Second Reading: March 26, 2012
Adopted: April 4, 2012
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
J. NEW BUSINESS
Gladstone Area Redevelopment - Phase 1 Improvements, City Project 04 -21
a. Resolution Approving Plans and Specifications and Advertising for Bids (Bid
Package 2)
b. Resolution Approving Utility Burial Contracts
c. Resolution Adjusting Project Budget
Assistant City Manager AN presented the staff report and answered questions of the council.
Councilmember Koppen moved to approve the Resolution Approving Plans and Specification and
Authorizing Ad for Bids, the Resolution Approving Utility Burial Contracts, and the Resolution
Adjusting the Project Budget for the Gladstone Area Redevelopment /Improvements — Phase 1,
City Project 04 -21.
RESOLUTION 12 -3 -704
APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS (BID PACKAGE 2)
WHEREAS, pursuant to resolution passed by the city council on March 28, 2011, plans
and specifications for the Gladstone Area Redevelopment Improvements - Phase 1, City Project
04 -21, have been prepared by (or under the direction of) the city engineer, who has presented
such plans and specifications to the council for approval,
March 26, 2012 15
City Council Meeting Minutes
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 11:00 a.m. on the 4` day of May,
2012 at 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.
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 a regular city council
meeting thereafter.
Approved this 26` day of March 2012.
RESOLUTION 12 -3 -705
APPROVING UTILITY BURIAL CONTRACTS
WHEREAS, pursuant to resolution of the council adopted April 11, 2011 the
improvements were ordered after holding a public hearing for the Gladstone Area
Redevelopment, City Project 04 -21 —Phase 1,
WHEREAS, utility burial was identified along Frost Avenue from the new Frost Avenue
bridge extending to Phalen Place,
WHEREAS, Xcel Energy and CenturyLink have provided contracts for said burial, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The council approves and authorizes execution of said utility burial contracts of
Xcel Energy and CenturyLink to implement the project improvements.
2. The council approves and authorizes execution of any additional private utility
burial contracts, if required, in order to implement the project improvements.
3. The city engineer is authorized to sign said agreements with utility companies for
burial of utilities to implement project improvements.
Approved this 26` day of March 2012.
RESOLUTION 12 -3 -706
ADJUSTING PROJECT BUDGET
WHEREAS, pursuant to resolution of the council adopted March 28,2011 for the
Gladstone Area Redevelopment, City Project 04 -21 — Phase 1 improvements, a budget was
adopted to implement project improvements, and
March 26, 2012 16
City Council Meeting Minutes
WHEREAS, the current approved budget is as follows,
Funding Source
Amount
Special Assessment
$ 2,200,000
Municipal State Aid Bonds
$ 925,000
Mn /DOT Bridge Funds
$ 1,600,000
Bond Savings
$ 599,600
Debt Service
$ 200,000
Sewer and Water Utility Fund
$ 200,000
Environmental Utility Fund (EUF)
$ 550,000
Street Light Fund
$ 600,000
EPA Grant
$ 200,000
Site PAC Fund
$ 100,000
Existing PAC Fund
$ 100,000
Total
$ 7,274,600
WHEREAS, adjustment to the current budget is needed,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The finance director is hereby authorized to make the financial transfers necessary
for the preparation of plans and specifications. A proposed budget of $7,678,300 shall be
established. The proposed financing plan is as follows:
Revised Funding Sources
Amount
Developer Special Assessment
$ 2,200,000
Municipal State Aid Bonds
$ 1,050,000
Mn /DOT Bridge Funds
$ 1,371,300
Debt Service
$ 1,037,000
Sewer Fund
$ 175,000
St. Paul WAC Fund
$ 100,000
Environmental Utility Fund (EUF)
$ 725,000
Street Light Fund
$ 715,000
PAC Fund (Developer Cash)
$ 140,000
Tree Fund (Developer Cash)
$ 25,000
Existing PAC Fund
$ 140,000
Total
$ 7,678,300
Approved this 26` day of March 2012.
Seconded by Councilmember Llanas Ayes — All
The motion passed.
TH 36 / English Street Interchange Improvements, City Project 09 -08, Resolution
Accepting Feasibility Study, Authorizing Preparation of Plans and Specifications,
and Calling for Public Hearing
Assistant City Manager Ahl presented the staff report and answered questions of the council.
Councilmember Llanas moved to approve the Resolution Accepting the Feasibility Report,
Authorizing the Preparation of Plans and Specifications, and Calling a Public Hearing for 7:00
March 26, 2012 17
City Council Meeting Minutes
p.m., Monday. April 9, 2012, for the TH 36 / English Street Interchange Improvements, City
Project 09 -08.
RESOLUTION 12 -3 -707
ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND
SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolutions of the council adopted August 23, 2010, a report has
been prepared by the city engineering division with reference to the improvement of TH 36 /
English Street Interchange Improvements, City Project 09 -08, and this report was received by the
council on March 26, 2012, and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost - effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The council will consider the TH 36 / English Street Interchange Improvements, City
Project 09 -08 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 $22,997,000.
2. The City's consultant engineering team of Kimley -Horn and Associates, Inc., and SEH,
Inc. is the designated engineer for this improvement and is hereby directed to prepare final plans
and specifications for the making of said improvement.
3. The finance director is hereby authorized to make the financial transfers necessary for
the preparation of plans and specifications. A proposed budget of $22,997,000 shall be
established. The proposed financing plan is as follows:
Funding Source
Amount
Federal STP Funds
• Sanitary Sewer Utility
• Interchange
$ 7,280,000
• Water Quality
$ 248,000
Subtotal
$ 7,528,000
MnDOT Funds
1,663,170
• SRC
$ 5,475,000
• Cooperative Agreement
$ 500,040
Subtotal
$ 5,975,040
Ramsey County Funds
$ 975,000
RWMWD Funds
$ 850,000
City Funds
• St. Paul WAC
$
150,000
• Sanitary Sewer Utility
$
150,000
• City Abatement Funds
$
1,500,000
• MSA Bond
$
1,663,170
Subtotal
$
3,463,170
SPRWS Funds
$
500,000
Assessments
$
1,005,790
Other Sources /MnDOT (to be determined)
$
2,700,000
Total Funding
$22,997,000
March 26, 2012 18
City Council Meeting Minutes
4. A public hearing shall be held on such proposed improvement on the 9` day of April,
2012 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and
published notice of such hearing and improvement as required by law.
Approved this 26` day of March 2012
Seconded by Councilmember Koppen Ayes — All
The motion passed.
Venner Plaza Shoppes — Design Review and Building Setback Variance, 1987
County Road D East
Planner Martin presented the staff report and answered questions of the council. Planning
Commissioner Tanya Nuss addressed the council and presented the Planning Commission
report. Community Design Review Board Member Ananth Shankar addressed the council and
presented the report from the CDRB. Dean Dovolis of DJR Architecture addressed and
answered questions of the council.
Councilmember Juenemann moved to approve the Plans Date - Stamped February 28, 2012, for
the Venner Plaza Shoppes Retail Building to be Located at 1987 County Road D East.
Seconded by Councilmember Llanas Ayes — All
The motion passed.
Councilmember Juenemann moved to approve the Resolution Approving a 20 -Foot Building
Setback Variance from the Interstate 694 Right -of -Way.
RESOLUTION 12 -3 -708
VARIANCE RESOLUTION
WHEREAS, Sheldon Berg of DJR Architecture, representing WBA 1200, LLC, applied for
a 20 -foot building setback variance to build a retail shopping center building 10 feet from the
Interstate 694 right -of -way.
WHEREAS, these variances apply to the property at 1987 County Road D East. The
legal description is:
THE WESTERLY 250.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PART
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 30, RANGE 22, RAMSEY COUNTY, MINNESOTA, LYING NORTH OF THE
NORTH RIGHT -OF -WAY LINE OF COUNTY ROAD D AND LYING SOUTHERLY OF THE
SOUTHERLY RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY NO. 694 AND LYING
EASTERLY RIGHT -OF -WAY LINE OF WHITE BEAR AVENUE, AS DESCRIBED IN NOTICE OF
LIS PENDENS, FILED AS DOCUMENT NO. 1676468, ACCORDING TO THE GOVERNMENT
SURVEY THEREOF.
WHEREAS, Section 44- 20(6)(a) requires that buildings be setback 30 feet from street
right -of -way.
WHEREAS, the applicant is proposing that their building have a 10 foot setback.
WHEREAS, this requires a variance of 20 feet.
March 26, 2012 19
City Council Meeting Minutes
WHEREAS, the history of this variance is as follows:
1. On February 28, 2012, the community design review board recommended that the city
council approve this variance.
2. The planning commission held a public hearing on March 20, 2012. City staff
published a notice in the Maplewood Review and sent notices to the surrounding property owners
as required by law. The planning commission gave everyone at the hearing an opportunity to
speak and present written statements. The council also considered reports and
recommendations from the city staff. The planning commission recommended that the city
council approve this variance.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above -
described variances since:
shape.
a. The lot shape makes it difficult to meet setback requirements because of its tapered
b. Approval of the building setback variance would be in harmony with the general
purposes and intent of the ordinance because of the extremely wide highway boulevard.
c. Approval of the building setback variance would be consistent with the city's
comprehensive plan and would encourage the redevelopment of an aging commercial site.
d. The applicant is proposing to use the property in a reasonable manner that would
otherwise not be permitted by the city's building setback requirements. The plight of the
landowner is due to circumstances unique to the property not created by the landowner and the
variance will not alter the essential character of the locality.
The Maplewood City Council approved this resolution on March 26, 2012.
Seconded by Councilmember Koppen Ayes — All
The motion passed.
K. AWARD OF BIDS
None.
L. ADMINISTRATIVE PRESENTATIONS
April 2, 2012 City Council Workshop Meeting
City Manager AN reported that there are eight interviews setup for commission vacancies on
Monday, April 2, 2012. The interviews will be moved to another date due to the lack of a quorum
of the council.
M. COUNCIL PRESENTATIONS
Resolution of Support for MnPASS
Mayor Rossbach presented the report.
March 26, 2012 20
City Council Meeting Minutes
Mayor Rossbach move to approve the Resolution in Support of the MnPASS Improvement
Project on Interstate 35E from Pennsylvania Avenue to Little Canada Road.
RESOLUTION 12 -3 -709
SUPPORTING MnPASS IMPROVEMENT PROJECT
ON INTERSTATE 35E FROM PENNSYLVANIA AVENUE TO LITTLE CANADA ROAD
WHEREAS, the Minnesota Department of Transportation is proposing to improve
Interstate 35E from Pennsylvania Avenue in St. Paul through Maplewood to Little Canada Road
beginning with the 2014 Construction Season, and
WHEREAS, Legislation needs approval during the 2012 State Legislative Session in the
form of House File 1588 and Senate File 1072 to proceed with the MnPASS project on 1 -35E, and
WHEREAS, the Maplewood City Council received an update on the project components
and proposals at the February 27, 2012 City Council meeting from MnDOT representatives.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAPLEWOOD CITY
COUNCIL, that the Maplewood City Council is supportive the establishment of MnPASS lanes on
1 -35E from Pennsylvania Avenue in St. Paul to Little Canada Road in Little Canada. And,
Further, the Maplewood City Council requests consideration that excess MnPASS revenue from
1 -35E operations /maintenance expenses remain in the corridor for additional transportation
improvements.
Adopted this 26th day of March, 2012.
Seconded by Councilmember Cardinal Ayes — All
The motion passed.
City Clean -up
Councilmember Juenemann reminded residents that Saturday April 21, 2012 is the City's Spring
Clean -Up Day.
Listening Forum
Councilmember Llanas reminded residents that if they have an interest to address or have
questions of the council, a listening forum is hosted before every regularly scheduled council
meeting from 6:30 p.m. to 7:00 p.m. During today's listening forum, Margaret Behrens of the
Ramsey Conservation District extended an invitation to an event where she will be hosting to
discuss shoreline restoration and preservation on Tuesday, April 3, 2012. Additional information
can be found on the City's website.
4. Earth Hour
Councilmember Llanas reminded residents that Earth Hour is Saturday, March 31, 2012.
Information can be found about ways to participate in Earth Hour on their website at
www.earthhour.org
5. Business and Economic Development Commission
Councilmember Koppen informed the council that he attended the last Business and Economic
Development Commission meeting where Mark Phelps from the State Business and Economic
March 26, 2012 21
City Council Meeting Minutes
Development Commission attended. He further commended the commission and felt we are very
fortunate to have very high caliber people serving on the commission.
N. ADJOURNMENT
Mayor Rossbach adjourned the meeting at 9:42 p.m.
March 26, 2012 22
City Council Meeting Minutes
City of Maplewood
Public Hearing Sign -Up Sheet
By putting your name and address on this sheet, you are requesting to address
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Public Hearing: H1. Consider Approval of Resolution for Grant Application for Fish Creek Land Acquisition
Date: March 26. 2012 Time: 0700 PM
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City of Maplewood
Public Hearing Sign -Up Sheet
By putting your name and address on'this sheet, you are requesting to address
the Maplewood City Council on the following topic for up to five minutes.
Public Hearing: Public Hearing on 2013 -2017 Capital Improvement Plan and Issuance of Capital
Improvement Bonds
Date: March 26, 2012 Time: 0700 PM
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