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Home My WebLink About05-14-2012 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, May 14, 2012 Council Chambers, City Hall Meeting No. 08-12 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00p.m. by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Robert Cardinal, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Marvin Koppen, CouncilmemberPresent James Llanas, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to the agenda: M1.Fish Creek M2.Tree City USA M3.Law Enforcement Memorial –May 17, 2012 M4.Listening Forum M5.Council Votes CouncilmemberJuenemann moved to approve the agenda as amended. Seconded by CouncilmemberLlanasAyes–All The motion passed. E.APPROVAL OF MINUTES 1.Approval of April 23, 2012City Council Workshop Minutes CouncilmemberJuenemann moved to approve the April 23, 2012City Council Workshop Minutes as submitted. Seconded by Councilmember KoppenAyes–All The motion passed. 2.Approval of April 23, 2012 City Council Meeting Minutes Councilmember Llanas moved to approve the April 9, 2012 City Council Meeting Minutes as submitted. Seconded by Councilmember KoppenAyes–All The motion passed. May 14, 2012 1 City Council MeetingMinutes F.APPOINTMENTS AND PRESENTATIONS 1.CommissionAppointments a.Human Rights Commission b.Community Design Review Board c.Planning Commission Assistant City Manager Ahl presented the staff report. Mayor Rossbachmoved to approve the Resolution to Appoint Candidates to the commissionsas follows:. RESOLUTION #12-5-722 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: Human Rights Commission -Maurice Fortin, term expires 5/1/13 -Teresa Manzella, term expires 5/1/14 Community Design Review Board -Jason Lamers, term expires 4/30/15 Planning Commission -Paul Arbuckle, term expires 12/31/14 -Larry Durand, term expires 12/31/14 Seconded by Councilmember JuenemannAyes–All The motion passed. 2.GreenStep Cities Presentation –University of Minnesota Student Project Environmental Planner Finwall introduced University of Minnesota Students Lee Moua, Lisa Breu, and Chris Swanson. The students gave a presentation on theGreenStep Citiesprogram that the City of Maplewood has been participating in since December 2011. 3.Proclamation for Law Enforcement Week Mayor Rossbach read the proclamation for law enforcement week. CouncilmemberJuenemann moved to approvethe Proclamation for Law Enforcement Week. PROCLAMATION To recognize National Police Week 2012 and to honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy: WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Maplewood Police Department; May 14, 2012 2 City Council MeetingMinutes WHEREAS, nearly 60,000 assaults against law enforcement officers are reported each year, resulting in approximately 16,000 injuries; WHEREAS, since the first recorded death in 1791, almost 20,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty, including Maplewood Police Sergeant Joseph Bergeron; WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; WHEREAS, names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 163 officers killed in 2011 and 199 officers killed in previous years; WHEREAS, the service and sacrifice of all officers killed in the line of duty was honored th during the National Law Enforcement Officers Memorial Fund’s 24Annual Candlelight Vigil on the evening of May 13, 2012; WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the Minnesota Law Enforcement Memorial Association’s Annual Candlelight Vigil on the evening of May 15, 2012; WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this year on May 13-19; WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families; THEREFORE, BE IT RESOLVEDthat the Maplewood City Council formally designates May 13-19, 2012, as Police Week in the City of Maplewood and publicly salutes the service of law enforcement officers in our community and in communities across the nation. Seconded by Councilmember KoppenAyes–All The motion passed. 4.Proclamation Recognizing National Public Works Week: May 20-26 City Engineer/ Deputy Public Works Director Thompsonpresented staff report. Mayor Rossbach read the proclamation recognizingnational public works week May 20-16. CouncilmemberJuenemann moved to approvethe Proclamation Recognizing National Public Works Week May 20-26. CITY OF MAPLEWOOD PROCLAMATION PUBLIC WORKS WEEK May 20 through May 26, 2012 WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, traffic safety and water quality; and May 14, 2012 3 City Council MeetingMinutes WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of all public works professionals; and NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby proclaim the week of May 20 through May 26, 2012 as Public Works Week and encourages all citizens and civic organizations to acquaint themselves with the various aspects of public works service delivery and to recognize the contributions made by public works professionals every day to our health, safety, comfort, and quality of life. Seconded by CouncilmemberLlanasAyes–All The motion passed. 5.Human Rights Commission Presentation City Clerk Guilfoile presented the staff report and answered questions of the council. Human Right Commissioners Jon Brandt,Chair and ArianneMaxwelladdressed the council and gave a brief presentation on two issues thecommission will be addressing in 2012. The Commission is hoping for Council support and input on these issues. G.CONSENT AGENDA Councilmember Juenemann requested agenda items G2, G9, G10, G12 and G21 be highlighted for brief comments. Councilmember Llanas requested agenda item G18 be pulled from the consent agenda for a separate vote. CouncilmemberJuenemann moved to approve agenda items1-17 and 19-21. Seconded by CouncilmemberLlanasAyes–All The motion passed. 1.Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE $ 343,546.31 Checks # 86907 thru # 86951 dated 4/16/12 thru 4/24/12 $ 362,393.42 Disbursements via debits to checking account dated 4/16/12 thru 4/20/12 $ 304,863.66 Checks # 86952 thru # 86999 dated 4/24/12 thru 5/1/12 $ 234,577.46 Disbursements via debits to checking account dated 4/23/12 thru 4/27/12 May 14, 2012 4 City Council MeetingMinutes $ 355,147.83 Checks # 87000 thru # 87049 dated 5/1/12 thru 5/8/12 $ 432,577.53 Disbursements via debits to checking account dated 4/30/12 thru 5/4/12 $ 1,245,380.85 Total Accounts Payable PAYROLL $ 496,491.39 Payroll Checks and Direct Deposits dated 4/27/12 Payroll Deduction check # 9986807 thru # 9986810 dated $ 2,180.89 4/27/12 $ 498,672.28 Total Payroll $ 1,744,053.13 GRAND TOTAL Seconded by Councilmember LlanasAyes–All The motion passed. 2.Spring Clean Up Summary Environmental Planner Finwall presented the staff reportand answered questions of the council. Councilmember Juenemann moved to approvethe Spring Clean-Up Summary. Seconded by Councilmember LlanasAyes–All The motion passed. 3.Approval of Resolution for a Temporary Gambling Permit and Waive Permit Fee for St. Paul East Parks Lions –Maplewood Community Center Councilmember Juenemann moved to approvethe Resolution for a Temporary Gambling Permit and Waive Permit Fee for St. Paul East Parks Lions at the Maplewood Community Center. RESOLUTION 12-5-723 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit is approved for St. Paul East Parks Lions to conduct excluded bingo at the Maplewood Community Center, 2100 White Bear Avenue. 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. May 14, 2012 5 City Council MeetingMinutes 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 LlanasAyes–All The motion passed. 4.Approval of Resolution for a Temporary Gambling Permit and Waive Permit Fee for St. Paul East Parks Lions –Ramsey County Fair Councilmember Juenemann moved to approvethe Resolution for a Temporary Gambling Permit and Waive Temporary On-Sale Liquor Permit Fee for the St. Paul East Parks Lions at Ramsey County Fair. RESOLUTION 12-5-724 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit is approved for St. Paul East Park Lions to conduct excluded bingo at the Ramsey County Fair, 2020 White Bear Avenue. 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 LlanasAyes–All The motion passed. 5.Approval of Resolution Amending ICMA-RC Deferred Compensation Plan Councilmember Juenemann moved to approvethe Resolution Amending ICMA-RC Deferred Compensation Plan. RESOLUTION 12-5-725 AMENDDEFERRED COMPENSATION PLAN Plan Number: 3 0 0 8 8 2 Name of Employer: City of MaplewoodState: Minnesota Resolution of the above named Employer (“Employer”) WHEREAS, the Employer has employees rendering valuable services and WHEREAS, the Employer has established a deferred compensation plan for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for it’s employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel and May 14, 2012 6 City Council MeetingMinutes WHEREAS, the Employer has determined that the continuance of the deferred compensation plan will serve these objectives; and NOW THEREFORE BE IS RESOLVED that the Employer hereby amends and restates the deferred compensation plan (the “Plan”) in the form of the ICMA Retirement Corporation 4578 Governmental Deferred Compensation Plan & Trust, to include the associated Roth amendment. BEIT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee (“Trustee”), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee’s beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. BE IT FURTHER RESOLVED that the employer hereby agrees to serve as Trustee under the Plan. I, Karen Guilfoile, Clerk of the City of Maplewood, Minnesota, do hereby certify that the foregoing resolution, proposed by the Trustee was duly passed and adopted by the City Council of the City th of Maplewood at a regular meeting thereof held on the 14day of May 2012. th WITNESS by my hand this 14day of May 2012. Seconded by Councilmember LlanasAyes–All The motion passed. 6.Approval of Closure of Debt Service Funds Councilmember Juenemann moved to approvethe Transfers listed in the agenda report and authorize the Finance Manager to make the appropriate budget adjustments. Seconded by Councilmember LlanasAyes–All The motion passed. 7.Approval to Dispose of Old Financial Records Councilmember Juenemann moved to approvethe Resolution to Dispose of Old Financial Records. RESOLUTION 12-5-726 WHEREAS, M.S.A. 138.17 governs the destruction of city records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; 1.That per state law, the Finance Manager has applied to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2.That the State has approved the Application for Authority to Dispose of Records and the Finance Manager is hereby authorized and directed to destroy the records listed. May 14, 2012 7 City Council MeetingMinutes Seconded by Councilmember LlanasAyes–All The motion passed. 8.Resolution Approving PERA Coverage for Local Officials Councilmember Juenemann moved to approvethe Resolution Approving PERA Coverage for Local Officials. RESOLUTION 12-5-727 Social Security Resolution for entities with Elected Officials Currently Holding Positions Covered by the Defined Contribution Plan (and Excluded from the Coordinated Plan) Whereas, Minnesota Statutes Section 355 sets procedures to allow a governmental subdivision to extend full Social Security coverage to certain local elected officials who are members of, or are eligible for membership in, the Defined Contribution Plan administered by the Public Employees Retirement Association; and Whereas, City of Maplewood desires to offer full Social Security coverage to its eligible elected officials. Now, Therefore, Be It Resolved that the City of Maplewood does hereby adopt the following resolution: section 1. It is hereby declared to be the policy of this governing body to extend the provisions of Minnesota Statutes Section 355.02, Subd. 3(b), providing full Social Security coverage to eligible elected officials of the governmental subdivision named above. section 2. In pursuance of said policy this governing body hereby requests and authorizes the execution of a divided vote referendum under Section 218(d)(6) of the Social Security Act for the purpose of allowing current eligible elected officials the option of paying the Social Security and, if applicable, Medicare taxes imposed by the Federal Insurance Contributions Act. The coverage of currentelected local officials shall be effective as of 1/1/2007 for those eligible officials who vote “Yes” in the divided vote Social Security referendum. The referendum will be conducted pursuant to applicable state and federal regulations by a designee of this entity under the supervision of a representative of the Public Employees Retirement Association acting as the designated State Social Security Administrator. section 3. The Public Employees Retirement Association is hereby directed to execute a modification to the section 218 Agreement between the State of Minnesota and the Secretary of Health and Human Services to secure full Social Security coverage of the eligible elected officials who vote “Yes” in the referendum and all local newly-elected officials of this governmental subdivision. section 4. Withholdings from the salaries of elected officials for the purposes provided in this resolution are hereby authorized to be made in the amounts and at such times as may be required by applicable federal and state laws and regulations. section 5. Employer contributions shall be paid from amounts appropriated for such purposes and payment of employee and employer contributions shall be paid to the Internal Revenue Service in such amounts and at such times as are designated in Internal Revenue Code. section 6. The City of Maplewood shall maintain such records and submit such reports as may be required by the Public Employees Retirement Association or the Social Security Administration. May 14, 2012 8 City Council MeetingMinutes section 7. This resolution shall take effect and be in full force from and after its passage. Seconded by Councilmember LlanasAyes–All The motion passed. 9.Consider Approval of Contract with Friends of the Mississippi River for Fish Creek Partnership Parks and Recreation Director Konewko presented the staff report. Councilmember Juenemann moved to approvethe Contract with Friends of the Mississippi River for Fish Creek Partnership. Seconded by Councilmember LlanasAyes–All The motion passed. 10.Approval of Resolution Accepting Donation from Maplewood Oakdale Lions Club to City of Maplewood Parks and Recreation Director Konewko presented the staff report. Councilmember Juenemann moved to approvethe Resolution Accepting Donation from Maplewood Oakdale Lions Club. RESOLUTION 12-5-728 Acceptance of Donation WHEREAS the City of Maplewood’s Parks and Recreation Department has received a donation of $300 for trees for Lions Park and for refreshments for Maplewood’s 2012 Arbor Day Celebration. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department to accept this donation. Seconded by Councilmember LlanasAyes–All The motion passed. 11.Consider Approval of Contract Extension between the City of Maplewood and ISD 622 for Aquatic Programming Services Councilmember Juenemann moved to approvethe Contract Extension between the City of Maplewood and ISD 622 for Aquatic Programming Services. Seconded by Councilmember LlanasAyes–All The motion passed. 12.Approval of Resolution Accepting Donation from Friends of Maplewood Nature to Maplewood Nature Center Parks and Recreation Director Konewko presented the staff report and answered questions of the council. May 14, 2012 9 City Council MeetingMinutes Councilmember Juenemann moved to approvethe Donation from Friends of Maplewood Nature to Maplewood Nature Center. RESOLUTION 12-5-729 Acceptance of Donation WHEREAS the City of Maplewood and the Parks and Recreation Departmenthas received a donation of 10 pair of new binoculars to the MaplewoodNature Center. NOW, THEREFORE, BE IT RESOLVEDthat the Maplewood City Council authorizes the City of Maplewood, Parks andRecreation Departmentto accept this donation. Seconded by Councilmember LlanasAyes–All The motion passed. 13.Approval of Grant Agreement Between the Capitol Region Watershed District and the City of Maplewood, Western Hills Area Street Improvement, City Project 10-14 Councilmember Juenemann moved to approvethe Grant Agreement Between the Capitol Region Watershed District and the City of Maplewood, Western Hills Area Street Improvement, City Project 10-14. Seconded by Councilmember LlanasAyes–All The motion passed. 14.Approval of Resolution Directing Modification of Existing Construction Contract, Change Order Nos. 1 and 2 with Ramsey County, White Bear Avenue Improvements, Project 08-13 Councilmember Juenemann moved to approvethe Resolution Directing Modification of Existing Construction Contract, Change Order Nos. 1 and 2 with Ramsey County, White Bear Avenue Improvements, Project 08-13. RESOLUTION 12-5-730 Directing Modification of Existing Construction Contract Project 08-13, Change Order Agreement Nos. 1 and 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered improvements to Project 08-13, White Bear Ave / County Rd D Improvements, and has concurred with a contract let by Ramsey County and in accordance to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as City Project 08-13 including Change Order Agreement Nos. 1 and 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The Mayor and City Manager are hereby authorized and directed to modify the existing contract by ratifying and executing said Change Order Nos. 1, and 2. th Adopted by the Maplewood City Council on this 14day of May 2012. Seconded by Councilmember LlanasAyes–All May 14, 2012 10 City Council MeetingMinutes The motion passed. 15.Approval of Purchase for 2012-2013 Road Salt Councilmember Juenemann moved to approvethe Purchase of 2012-2013 Road Salt. Seconded by Councilmember LlanasAyes–All The motion passed. 16.Approval of Purchase for Bituminous Materials for Trail Overlays Councilmember Juenemann moved to approvethe Purchase of Bituminous Materail for Trail Overlays. Seconded by Councilmember LlanasAyes–All The motion passed. 17.Approval of Standard Master Agreement for Professional Services between the City and Bolten & Menk, Inc. Councilmember Juenemann moved to approvethe Mayor and City Manager enter into the Standard Master Agreement for Professional Services Between the City of Maplewood and Bolten & Menk, Inc. Minor changes are authorized as approved by the City Attorney. Subsequent Project-Specific Contracts/Proposals with Bolten & Menk, Inc. wouldbe directed to the City Engineer or Public Works Director for approval. Seconded by Councilmember LlanasAyes–All The motion passed. 18.Consider Approval of RFP for Community Center for Replacement of Cardio Equipment Parks and Recreation Director Konewko presented the staff report and answered questions of the council. CouncilmemberLlanas moved to approvethe Request for Proposalfor Community Center for Replacement of Cardio Equipmentwith the understanding that the City Council will be making a final selection at the July 16, 2012 City Council Meeting. Seconded by Councilmember JuenemannAyes–All The motion passed. 19.Approval of Lease for 170 Ton Air Cooled Chiller for Maplewood Community Center Councilmember Juenemann moved to approvethethreemonthLease with Trane for the temporary installation of a 170 Ton Air Cooled Chiller for the Maplewood Community Center. With the monthly rental amount of $8,585.88 be rolled into the project plan if proceeded or come from the building maintenance budget. Seconded by Councilmember LlanasAyes–All May 14, 2012 11 City Council MeetingMinutes The motion passed. 20.Repeal of Resolution 04-09-174 and Approval of Establishing an Absentee Ballot Board Councilmember Juenemann moved to approvethe Resolution Establishing an Absentee Ballot Board. RESOLUTION 12-5-731 Resolution Establishing an Absentee Ballot Board An absentee ballot board is hereby authorized for the City of Maplewood as provided in Minnesota Statutes 203B.121, subdivision 1. Seconded by Councilmember LlanasAyes–All The motion passed. 21.Acceptance of Fire Department Training Grant Fire Chief Lukin presented the staff report. Councilmember Juenemann moved to approve the application for the AFG grant in the amount of $74,000 and that the necessary match be covered by the reserve fund or unused budget dollars from 2012. I am asking for the approval of expenditures in the amount of $74,000 to cover the cost of the Blue Card Command program training and salaries. I also ask the city council to have the finance department make all the necessary budget adjustments and transfers as needed to cover the grant. Seconded by Councilmember LlanasAyes–All The motion passed. H.PUBLIC HEARING 1.Bartelmy-Meyer Area Street Improvements, City Project 11-14 a.Assessment Hearing, 7:00 p.m. b.Resolution Adopting Assessment Roll-12-5-732 c.Resolution Receiving Bids and Awarding Construction Contract-12-5-733 d.Approval of Purchase for Gethsemane Park Improvements e.Resolution Approving “No Parking” Condition-12-5-734 Assistant City EngineerLovepresentedthe staff report and answered questions of the council. Mayor Rossbach opened the public hearing. The following people spoke: 1.Shelagh Stoerzinger, Maplewood Resident 2.Bill Mensen, Maplewood Resident 3.Lynn Wiggert, Maplewood Resident 4.Kathy Baldwin, Maplewood Resident Mayor Rossbach closed the public hearing. Councilmember Juenemann moved to approvethe Resolution Adopting the Assessment Roll Noting the Objections for the Bartelmy-Meyer Area Street Improvements, City Project 11-14. May 14, 2012 12 City Council MeetingMinutes RESOLUTOIN12-5-732 Adopting Assessment Roll WHEREAS, pursuant to a resolution adopted by the City Council on April 9, 2012, calling for a Public Hearing (Assessment Hearing), the assessment roll for the Bartelmy-Meyer Area Street Improvements, City Project 11-14, was presented in a Public Hearing format on May 14, 2012, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a.Parcel 25-29-22-43-0002 –Union Cemetery Association; 0 Minnehaha Avenue East It is currently proposed that the property be assessed for 359.78 feet of frontage. The owner is objecting to the assessment on the basis that the Union Cemetery Association is a 501 (c)(13) exempt organization and therefore cannot be assessed pursuant to Minn. Stat. 306.14. b.Parcel 25-29-22-31-0023 –Deena J. Drewes; 882 Bartelmy Lane It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship. c.Parcel 25-29-22-34-0018 –Dale Dombrock; 784 Mary Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a senior citizen deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. B.That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on June 11, 2012, as to their recommendations for adjustments. C.The assessment roll for the Bartelmy-Meyer Area Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. D.Such assessments shall be payable in equal annual installments extending over a period of 8 years for commercial properties and 15 years for residential properties, the first installments to be payable on or before the first Monday in January 2013 and shall bear interest at the rate of 4.30 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. E.The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2012, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2012, pay May 14, 2012 13 City Council MeetingMinutes to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. F.The city engineer and city clerk shall forthwith after November 15,2012, but no later than November 16, 2012, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. th Adopted by the council on this 14day of May 2012. Seconded by Mayor RossbachAyes–All The motion passed. Councilmember Llanas moved to approve the Resolution Receiving Bids and Awarding Construction Contract for the Bartelmy-Meyer Area Street Improvements, City Project 11-14 to Schifsky and Sons, Inc. RESOLUTION 12-5-733 Receiving Bids and Awarding Construction Contract NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky and Sons, Inc. in the amount of $2,879,389.33, for the Base Bid and Bid Alternates 1 and 3,is the lowest responsible bid for the construction of the Bartelmy-Meyer Area Street Improvements –City Project 11-14, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by council and detailed below. RWMWD GRANT FUND$907,000 G.O. IMPROVEMENT FUND$1,401,390 SPECIAL BENEFIT ASSESSMENT$733,610 SANITARY SEWER FUND$140,000 W.A.C. FUND$50,000 ENVIRONMENTAL UTILITY FUND$175,000 PARK FUND$20,000 ST. PAUL WATER$700,000 DRIVEWAY REPLACEMENT PROGRAM$30,000 TOTAL FUNDING$4,157,000 th Adopted by the council on this 14day of May, 2012. Seconded by Councilmember KoppenAyes–All The motion passed. May 14, 2012 14 City Council MeetingMinutes Mayor Rossbach moved to approve the Contract for Services with Flanagan Sales, Inc. for the purchaseof the Gethsemane Park Improvements. Minor revisions as approved by the City Attorney are authorized as needed for the contract. Seconded by Councilmember KoppenAyes–All The motion passed. Councilmember Juenemann moved to approve the Resolution for“No-Parking” Conditions and the installation of signs along the Bartelmy-Meyer Area project streets on the side of the street opposite of the proposed sidewalk. RESOLUTION 12-5-734 Bartelmy-Meyer Area Project Streets–“NoParking” Conditions WHEREAS, the City Council approved the plans and specifications for the Bartelmy- Meyer Area Street Improvements, City Project 11-14 on March 26, 2012; and WHEREAS, the city will be receiving funds from Ramsey Washington Metro Watershed District for the project based on the “Living Streets” Design; and WHEREAS, the “Living Streets” design concept is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parkingof motor vehicles along the Bartelmy-Meyer Area project streets on the side of the street opposite of the proposed sidewalk. th Adopted by the council on this 14day of May, 2012. Seconded by Councilmember KoppenAyes–All The motion passed. I.UNFINISHED BUSINESS 1.Approval of Park Dedication Fee Code Revision –Second Reading Parks and Recreation Director Konewko presented the staff report and answered questions of the council. Councilmember Juenemann moved to approvethe second reading of the change to Chapter 26 section 26-126 thru 130 of the City Code. ORDINANCE 921 An Ordinance Amendment Concerning the City Park Dedication by Developers The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Chapter 26. Section 26-126 thru 130 of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 26-126–Purpose and intent. May 14, 2012 15 City Council MeetingMinutes The purposes and intent of this division are to ensure the citizens of the city that additional open space for parks, playgrounds and recreation facilities will be the responsibility of every sort of new new development in the city, not just residential development, so that the city’s vast amount of privately owned open spaces with potential for development are partially available for orderly park, recreation, and open space development ; to ensure that, in fact, such facilities will be provided; and to preserve, enhance and improve the qualities of the physical environment of the city for commercial and industrial uses or a combination thereof, regardless of whether such developments or subdivisions are within the context of chapter 34, which pertains to subdivisions. Sec, 26-127 Required dedications generally. The developer of any tract of land in the city which is to be developed or redevelopedfor commercial, residential, governmental, institutional, or industrial or like uses shall dedicate to the public, for public use as parks, playgrounds or public open space, such portion of his/her development tract equal to 9 percent, with such portion to be reviewed annually in December. The percentage of the development tract to be so dedicated may be amended by resolution of the council. Sec. 26-128 Delineation of dedicated area on preliminary plat or site plan. The actual area to be dedicated for public use as parks, playgrounds or public space pursuant to this division shall be delineated on the preliminary plat or site plan by the developer. Such plat or site plan shall be referred to the park and recreation commission for its scrutiny and report to the city council of its findings, conclusions, and recommendations, with this referral being in addition to any other referral to other commissions or committees. Sec. 26-129 Revision of dedication If the city council, after receiving the report from the park and recreation commission and the planning commission, shall determine that such area delineated by the developer pursuant to section 26-128 is unsuitable for such purposes, it may require the subdivider or developer to relocate or rearrange such area or to make such changes or revisions of the proposed dedication as it deems necessary; reasonable; and in the best interests of health, safety, general welfare and convenience of the city. Sec. 26-130 Cash in lieu of dedication. (a)The term “undeveloped land value” as used in this section, shall be the market value of the subject land at the time of the application, and to be determined by the city council in its reasonable discretion. As a basis for its decision, the council may request a appraisal at the expense of the subdivider or developer for the purposes of determining such value. Such additional appraisal shall be obtained, if the council deems advisable, from an appraiser selected by the council. Thereafter, the council, with the aid of both appraisals, shall determine the “undeveloped land value”. (b)In lieu of the dedication of land required for the purposes enumerated in the division, the city council may require the subdivider or developer to paythe city, as an equivalent contribution, an amount in cash equal to the product of the percentage of land required to be dedicated, multiplied be the undeveloped land value of the tract to be subdivided or, developed or redeveloped. Such cash payments shall be made to the city prior to the issuance of a building permit, for commercial, industrial uses or accommodation thereof. (c) All cash contributions received by the city are pursuant to this division shall be placed in a special fund and used only for the acquisition of land for parks, playgrounds, public space or the development of existing parks and playground sites, public open spaces and debt retirement in connection with land previously acquired for such public purposes. (d)In cases of redevelopment, credit towards the park dedication due for such redevelopment shall be given for the actual amount of previous park dedication satisfied for the lots proposed. May 14, 2012 16 City Council MeetingMinutes (e)In the event that park dedication was previously satisfied for a larger land area than the lot or lots currently proposed for development, the previously satisfied park dedication amount shall be prorated on a per square foot basis to the lot or lots currently proposed for development. (f)While credits may fully satisfy park dedication due, credits shall not result in refunds of park dedication previously paid. The Maplewood City Council approved this ordinance revision on May 14, 2012. Seconded by CouncilmemberLlanasAyes–All The motion passed. J.NEW BUSINESS 1.Acceptance of Comprehensive Annual Financial Report –2011 Finance Manager Bauman presented the staff report and answered questions of the council. Councilmember Llanas requested that it be noted the firm did an outstanding job and their findings were that the City staff did an outstanding job. CouncilmemberLlanas moved to approvethe Comprehensive Annual Financial Report for 2011. Seconded by Councilmember JuenemannAyes–All The motion passed. 2.Preliminary Approval for Issuance of Bonds Finance Manager Bauman presented the staff report. Terri Heaton, Financial Advisor to the City from Springsted, Inc. addressed and answered questions of the council. CouncilmemberJuenemann moved to approvethe resolutions providing preliminary approval for the sale of $5,780,000 General Obligation Bonds, Series 2012A and $2,545,000 General Obligation State Aid Street Refunding Bonds, Series 2012B. RESOLUTION12-5-735 Resolution Providing for the Competitive Negotiated Sale of $5,780,000 General Obligation Bonds, Series2012A A.WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $5,780,000 General Obligation Bonds, Series 2012A (the "Bonds") to finance (i) various street improvement projects within the City and (ii) the purchase of capital equipment; and B.WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: May 14, 2012 17 City Council MeetingMinutes 1.Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2.Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3.Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4.Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. RESOLUTION12-5-736 Resolution Providing for the Competitive Negotiated Sale of $2,545,000 General Obligation State-Aid Street Refunding Bonds, Series2012B A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $2,545,000 General Obligation State-Aid Street Refunding Bonds, Series 2012B (the "Bonds") to refund the April 1, 2016 through April 1, 2024 maturities of the City’s General Obligation State-Aid Street Bonds, Series 2004E, dated August 1, 2004; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Seconded by Councilmember LlanasAyes–All The motion passed. May 14, 2012 18 City Council MeetingMinutes 3.Approval of Sign Setback Variances—Holiday Stationstore, 280 McKnight Road South Senior Planner Ekstrand presented the staff report and answered questions of the council. Planning Commissioner Fisher addressed the council and presentedthe planning commission report. Michael Croninrepresenting Holiday Stationstores addressed the council and answered questions of the council. CouncilmemberLlanas moved to approvethe resolution for sign-separation variances for Holiday Stationstoreslocated at 280 Knight Road South. RESOLUTION 12-5-737 Variance Resolution WHEREAS, Dave Edquist, of Holiday Stationstores, Inc, applied for the following sign spacing variances for the Holiday Stationstore at 280 McKnight Road South, in order to install dynamic display message signs on their two existing freestanding sign structures: Northerly Freestanding Sign Reduction of the spacing requirement from the Ramsey County Regional Park from 200 to 90 feet (110 foot variance). Reduction of the spacing requirement from the townhome property to the south from 200 to 180 feet (20 foot variance). Southerly Freestanding Sign Reduction of the spacing from the townhome property to the south from 200 to 25 feet (175 foot variance). Reduction of the side yard spacing requirement from 100 feet to 25 feet (75 foot variance). WHEREAS, the legal description of this property is: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the intersection of the west lineof said Northwest Quarter of the Northwest Quarter and the south line of the North 362.00 feet of said Northwest Quarter of the Northwest Quarter; thence easterly along said south line 40.01 feet to the actual point of beginning; thence southerly parallelwith the west line of said Northwest Quarter of Section 12, 205.00 feet; thence easterly at a right angle to last described line, 245.00 feet; thence northerly, parallel with the west line of said Northwest Quarter of Section 12, a distance of 211.21 feetto its intersection with the south line of the north 362.00 feet of said Northwest Quarter of the Northwest Quarter; thence westerly along said south line, 245.08 feet to the point of beginning. Except: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey county, Minnesota, described as follows: Commencing at the intersection of the west line of said Northwest Quarter of the Northwest Quarter and the south line of the North 362.00 feet of said NorthwestQuarter of the Northwest Quarter; thence easterly along said south line 40.01 feet to the actual point of beginning; thence southerly parallel with the west line of said Northwest Quarter of Section 12, 205.00 feet; thence easterly at a right angle to last described line, 3.00 feet; thence northerly parallel with the west line of said Northwest Quarter of Section 12, a distance of 205.00 feet to its intersection with the south line of the north 362.00 feet of said May 14, 2012 19 City Council MeetingMinutes Northwest Quarter of Northwest Quarter; thence westerly along said south line, 3.00 feet to the point of beginning. WHEREAS, Section 44-743, Dynamic Display Signs, requires that dynamic display signs observe the following minimum separations: 200 feet from a park or open space 200 feet from a residential lot line 100feet from a side property line WHEREAS, the history of this variance is as follows: 1.On April 24, 2012 the community design review board recommended that the city council approve these variances. 2.The planning commission held a public hearing on May 1, 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 these variances. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above- described variances based on the following findings: 1.Because of the right-angle orientation of the two signs, along with the wooded nature of the nearby regional park, the proposed sign panels would be in harmony with the general purposes and intent of the ordinance. This orientation would prevent them from being seen at the same time and becoming potentially distracting to drivers as could same-orientation signs. 2.The proposed dynamic display sign panel on the north pylon sign is set at a right angle to the wooded open space across Lower Afton Road making it less noticeable from that direction. 3.The two proposed signs would be consistent with the comprehensive plan. They provide commercial-development elements that would be compatible with this commercial site and conform to the goals of the comprehensive plan. 4.There are practical difficulties in complying with the spacing requirements of the ordinance. According to statute, practical difficulties mean that the applicant would use the property in a “reasonable manner” not permitted by the ordinance. In this case, it seems reasonable to staff to allow both signs, because: The evergreens on the south side of the property would buffer the proposed sign from the nearby neighbors. The two proposed Holiday dynamic display signs would be set at right angles to each other preventing the appearance of “sign proliferation,” “sign clutter” or adding to “sign distraction.” The abutting part of the Battle Creek Regional Park is a non-activepark. The sign would not be a detractionsince this is a wooded area and the only active element is a trail section within the woods. The site is extensively developed with a commercial building, fuel islands, fueling center and lighting. It is also affected by a significant amount of commercial May 14, 2012 20 City Council MeetingMinutes activity. Considering that, two four by eight foot signs would not be a significant addition to this existing commercial site. Approval is subject to compliance with the following conditions: 1. All of the evergreen trees on the south side of the site and south of the southerly pylon sign shall remain. If these evergreens are removed for any reason, whether by the natural death of the trees or by their intentional removal, the south-facing dynamic displaysign panel shall be removed. 2. There shall be 100 percent opaque screening of the south pylon sign maintained at all times for the residential dwelling windows to the south. 3. The applicant shall turn off the power to both dynamic displaysigns after the store closes. The Maplewood City Councilapproved this resolution onMay 14, 2012. Seconded by Councilmember KoppenAyes–Councilmembers Cardinal, Juenemann, Koppen, Llanas Nays–Mayor Rossbach The motion passed. Mayor Rossbach directed staff to review the dynamic display ordinance. Seconded by Councilmember JuenemannAyes–All The motion passed. Mayor Rossbach called for a 10 minute break. 4.Approval of Solid Waste Management Ordinance and Standards –First Reading Environmental Planner Finwall presented the staff report and answered questions of the council. CouncilmemberLlanas moved to approvethe First Reading of the Solid Waste Management Ordinance and Standards. Seconded by Councilmember JuenemannAyes–Mayor Rossbach, Councilmembers Juenemannand Llanas Nays–Councilmember Cardinal Abstain–Councilmember Koppen The motion passed. 5.East Metro Public Safety Training Facility, City Project 09-09 a.Resolution Accepting Feasibility Study and Calling for Public Hearing-12-5-736 b.Resolution Approving Cooperative Agreement with MnDOT for Property Acquisition-12-5-737 City Engineer/Deputy Public Works Director Thompson presented the staff report and answered questions of the council. CouncilmemberJuenemann moved to approvethe resolution accepting feasibility study and calling for a public hearing for the East Metro Public Safety Training Facility, City Project 09-09. May 14, 2012 21 City Council MeetingMinutes RESOLUTION 12-5-738 Accepting Feasibility Study and Calling for Public Hearing WHEREAS, a report has been prepared with reference to the improvement of the East Metro Public Safety Training Facility, City Project 09-09, and this report was received by the council on or before May 14, 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 East Metro Public Safety Training Facility, City Project 09-09, 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 $4,335,000 for Phase 1; and $8,727,000 if future phases are considered. 2.The cityengineer, or designated consultant engineer, is the 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 $4,335,000 shall be established. The proposed financing plan is as follows: FUNDING ITEMFUNDING SOURCEAMOUNT 1STATE BONDING BILL GRANT$3,000,000 2RAMSEY CO ERF GRANT$450,000 3CITY EUF FUND$250,000 4CITY CIP FUND$250,000 5EAST METRO JPA –SPECIAL ASSESSMENT$175,000 6MNDOT/MSA STREET ACCOUNT$55,000 7ST PAUL REGIONAL WATER SERVICES$55,000 8SANITARY SEWER FUND$50,000 9ST PAUL WAC FUND$50,000 TOTAL PHASE 1$4,335,000 th 4.A public hearing shall be held on such proposed improvement on the 25day of June, 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. th Approved this 14day of May 2012. Seconded by Councilmember KoppenAyes–All The motion passed. Mayor Rossbach moved to approve the resolution approving cooperative agreement with MnDot for property acquisition. RESOLUTION 12-5-739 Approving Cooperative Agreement with MnDOT for May 14, 2012 22 City Council MeetingMinutes Property Acquisition WHEREAS, under Minnesota Statutes Section 161.44, fee title to or an easement in all or part of the lands previously acquired in fee for trunk highways may be conveyed and quitclaimed for a public purpose to any political subdivision upon the terms and conditions as may be agreed upon between the Commissioner of Transportation and the political subdivision; and WHEREAS, under Minnesota Statutes Section 471.64, a city may enter into a contract with any state agency to acquire property, including real property, from the state agency; and WHEREAS, the City wishes to construct the East Metro Public Safety Training Facility on a portion of the approximately 20 acre site; and WHEREAS, the approximately 14.3 acres the City wishes to obtain is for the East Metro Public Safety Training Facility and related Marshlands Environmental Enhancements, which is further identified in the feasibility study adopted by the City Council on May 14, 2012; and WHEREAS, the State currently uses the Property for purposes of maintenance operations and wishes to retain approximately 6.2 acres of the site for such purpose; and WHEREAS, the City and State have identified 6.2 acres to best accommodate the State needs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: The City Council hereby approves the Cooperative Agreement with MnDOT for the acquisition of real Property in accordance with provisions in said Agreement. The City Council further authorizes the Mayor and City Manager to execute said Agreement. th Approved by the Maplewood City Council this 14day of May 2012. Seconded by Councilmember KoppenAyes–All The motion passed. K.AWARD OF BIDS 1.Gladstone Area Redevelopment Improvements –Phase 1: Bid Package 2, Project 04-21, Resolution Receiving Bids and Awarding Construction Contract City Engineer/Deputy Public Works Director Thompsonpresented the staff report and answered questions of the council. CouncilmemberCardinal moved to approvethe resolution receiving bids and awarding the construction contract for the Gladstone Area Redevelopment Improvements –Phase 1 (bid package 2), City Project 04-21 to Arnt Construction Company, Inc. RESOLUTION 12-5-740 Receiving Bids and Awarding Construction Contract NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Arnt Construction Company, Inc. in the amount of $990,186.60, for the Base Bid and Bid Alternates 1 and 2,is the lowest responsible bid for the construction of the Gladstone Area Redevelopment Improvements –Phase 1 (Bid Package 2), Project 04-21, and May 14, 2012 23 City Council MeetingMinutes the mayor and city manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by council and detailed below. th Adopted by the council onthis 14day of May, 2012. Seconded by Councilmember KoppenAyes–All The motion passed. L.ADMINISTRATIVE PRESENTATIONS th 1.Reminder of Cancellation of May 28Council Meeting in Observance of Memorial Day Mayor Rossbach reminded the council that the council meeting scheduled for Monday, May 28, 2012 has been cancelled. 2.Update on Taste of Maplewood Event Citizen Services Director/City Clerk Guilfoile presented the staff report informing the city council thth that the Taste of Maplewood would be held on July 4with the return of July 4fireworks. 3.Gun Range Update City Manager Antonengave anupdate to the council oncitizens concernsregarding the gun th range that is located in the City. Mr. Antonen stated that a meeting would be held on June 6 withall parties involved and that he would keep the council informed of the progress. M.COUNCIL PRESENTATIONS 1.Fish Creek Councilmember Juenemann thanked individuals working on the project and stated that effortsto obtain the property are continuing. 2.Tree City USA May 14, 2012 24 City Council MeetingMinutes Councilmember Juenemann informed residents that for the second year in a row, the City of Maplewood has been awarded Tree City USA Award. 3.Law Enforcement Memorial –May 17, 2012 CouncilmemberJuenemann asked Police Chief Thomalla to give a brief presentation about the Law Enforcement Memorial that will be held on Thursday, May 17, 2012. 4.Listening Forum Councilmember Llanas requested that the Listening Forumthat is held before each regularly scheduled council meeting at 6:30 p.m.be put ona future agenda in order to possibly put some formality to the Forum. 5.Council Votes Mayor Rossbach asked councilmember Cardinal about his vote supporting an agenda item but then signing a petition against the item. 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