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Home My WebLink About09-24-2012 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,September24,2012 Council Chambers, City Hall Meeting No.17-12 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:04 p.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 item was tabled until the next EDA meeting is called to order: E3 Approval of September 10, 2012 Economic Development Authority Minutes The following items were added to the agendaunder Council Presentations: M1.Trash Collection M2.Citizens Forum M3.Community Development M4.Citizen’s Questions CouncilmemberJuenemannmoved to approve the agenda as amended. Seconded by Councilmember LlanasAyes–All The motion passed. APPROVAL OF MINUTES E. 1.Approval of September 10, 2012City Council WorkshopMinutes Councilmember Juenemann moved to approve theSeptember 10, 2012City Council WorkshopMinutesas submitted. Seconded by Councilmember LlanasAyes–All The motion passed. September 24, 2012 1 City Council MeetingMinutes 2.Approval ofSeptember 10, 2012 City Council MeetingMinutes Councilmember Juenemannmoved to approve the September 10, 2012City Council WorkshopMinutes as submitted. Seconded by Councilmember KoppenAyes–All The motion passed. 3.Approval of September10, 2012 Economic Development Authority Minutes This item was tabled until the next Economic Development Authority Meeting. F.APPOINTMENTS AND PRESENTATIONS 1.Award Recognition for Maplewood’s Participation in the EMS Immediate Trial Study Dr. Aaron Burnett, RegionsHospital Deputy Medical Director, was present and addressed the council to give a brief overview of the EMS Immediate Trial Study. He presented Fire Chief Lukin with a plaque in recognition of appreciation, recognizing the Maplewood Fire Department on behalf of Regions Hospital EMS and Critical Care Research Center. CONSENT AGENDA G. Councilmember Juenemann requested that agenda items G5, G6 and G7 be highlighted. Councilmember Juenemannmoved to approve agenda itemsG1-G9. Seconded by Councilmember LlanasAyes–All The motion passed. 1.Approval of Claims CouncilmemberJuenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 109,391.45 Checks # 87851 thru # 87892 dated 9/5/12 thru 9/11/12 $ 380,610.56 Disbursements via debits to checking account dated 9/4/12 thru 9/7/12 $ 804,540.88 Checks # 87893 thru # 87953 dated 9/13/12 thru 9/18/12 $ 272,898.53 Disbursements via debits to checking account dated 9/10/12 thru 9/14/12 $ 1,567,441.42 Total Accounts Payable September 24, 2012 2 City Council MeetingMinutes PAYROLL $ 526,654.02 Payroll Checks and Direct Deposits dated 9/14/12 Payroll Deduction check # 9987441 thru # $ 1,475.50 9987443 dated 9/14/12 $ 528,129.52 Total Payroll $ 2,095,570.94 GRAND TOTAL Seconded by Councilmember LlanasAyes–All The motion passed. 2.Approval of a Lawful Gambling License for Merrick Inc. at Jake’s City Grill, 1745 Beam Ave E Councilmember Juenemannmoved toapprove the Lawful Gambling Resolution for Merrick Inc. to operate at Jake’s City Grill. RESOLUTION 12-9-789 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Merrick Inc. to operate at Jake’s Grill located at 1745 Beam Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said license application as being in compliance with Minnesota Statute §349.213. 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. 3.Approval of Cleaning Service Agreement with Marsden Cleaning Maintenance LLC, for Campus Buildings Councilmember Juenemannmoved toapprove the continual use of Marsden Maintenance LLC, for Campus Buildings and the monthly service agreementexpenditures. Seconded by Councilmember LlanasAyes–All The motion passed. September 24, 2012 3 City Council MeetingMinutes 4.Approval of Extended Lease for 170 Ton Air Cooled Chiller for Maplewood Community Center Councilmember Juenemann moved toapprovethe extended Lease for a 170 TonAir Cooled Chiller at the Maplewood Community Center. Seconded by Councilmember LlanasAyes–All The motion passed. 5.Approval of 2012 Justice Assistance Grant (JAG) Chief of Police Thomalla presented the staff report. Councilmember Juenemannmoved toapprove the acceptance of Justice Assistance Grant in the amount of $9,028 and Agreement with the St. Paul Police Department. Seconded by Councilmember LlanasAyes–All The motion passed. 6.Approval of Fall Clean Up Event –October 13, 2012 Mayor Rossbach presented the report on the Fall Clean-Up Event. Assistant City Manager Ahl presented additional information on the event. Councilmember Juenemannmoved toapprove the2012 Fall Clean-Up Event and fee schedule. Seconded by Councilmember LlanasAyes–All The motion passed. 7.Approval of Resolution Accepting a Donation to the Fire Depart from Lorry Houle and Ken and Nancy Schak Fire Chief Lukin presented the staff report. Councilmember Juenemannmoved toapprove theresolution to accept the donation in the amount of $40 to the Fire Department and the necessary budget adjustments bemade so the funds can be expended by the fire department as needed. RESOLUTION 12-9-790 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood isAUTHORIZED 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, Lorry Houle and Ken and Nancy Schak wishes to grant the city of Maplewood the following: $40.00, and; September 24, 2012 4 City Council MeetingMinutes WHEREAS, Lorry Houle and Ken and Nancy Schak has instructed that the City will be required to use the aforementioned for: use by the fire department to directly improve the community, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuantto 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 four-fifths or more majority vote of its membership on September 24. 2012. Seconded by Councilmember LlanasAyes–All The motion passed. 8.Approval to Sell a Surplus Old Fire Truck Councilmember Juenemannmoved todeclare three fire trucks as surplus equipment and allow the Fire Department to sell them and approve the sale of the 1983 Ford LN9000 fire engine to Michael Waltzing in as is condition. Seconded by Councilmember LlanasAyes–All The motion passed. 9.Approval of Amendment of the Educational Facilities Revenue Note, SERIES 2010 (Hill-Murray School Project) Councilmember Juenemannmoved toapprove the resolution authorizing the Amendment of the Educational Facilities Revenue Note, SERIES2012 (Hill-Murray School Project). RESOLUTION12-9-791 AUTHORIZING AMENDMENT OF THE $5,900,000 EDUCATIONAL FACILITIES REVENUE NOTE, SERIES 2010 (HILL-MURRAY SCHOOL PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO WHEREAS, on December 23, 2010, the City of Maplewood, Minnesota (the“City”) issued its $5,900,000 Educational Facilities Revenue Note, Series 2010 (Hill-Murray School Project) (the “Note”) made payable to Premier Bank (the “Lender”) and loaned the proceeds of the Note to The Hill-Murray Foundation, a Minnesota nonprofit corporation, (the“Borrower”), pursuant to a Loan Agreement dated as of December 23, 2010, between the City and the Borrower (the “Loan Agreement”) to refinance certain tax exempt and conventional debtused to acquire land and construct improvements to the Hill-Murray School; and September 24, 2012 5 City Council MeetingMinutes WHEREAS, pursuant to a Pledge Agreement dated as of December 23, 2010 between the City and the Lender, the City assigned its rights and interests under the Loan Agreement (except for certain rights of payment and indemnification) to the Lender; and WHEREAS, the Borrower has secured payment of its obligations under the Loan Agreement, including repayment of the Note, by delivery to the Lender of the Mortgage, two Security Agreements and a Pledge and security Agreement (all as defined in the Loan Agreement); and WHEREAS, in order to lower the interest rate on the Note, the Borrower and the Lender have agreed to modify certain provisions in the Note and related documents and have asked the City to enter into an amendment of the Note to effect such changes. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: The forms of the Loan and Note Modification Agreement (the "Agreement") on file with the City is hereby approved and the Mayor and Manager are authorized to execute the Agreement together with such other documents as Bond Counsel considers appropriate in connection with the amendment of the Note. In the event of the absence or disability of the Mayor or Manager such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. Adopted by the City Council of the City of Maplewood, Minnesota, this 24th day of September, 2012. Seconded by Councilmember LlanasAyes–All The motion passed. PUBLIC HEARING H. None I.UNFINISHED BUSINESS 1.Consideration of Petition Requesting 24-Hour Parking Adjacent to Cottages of Legacy Village (Hazelwood Street and Legacy Parkway) Public Works Director/City Engineer Thompson presented the staff report and answered questions of the council. Mayor Rossbachmoved todeny the Petition Request for 24 Hour Parking on the two identified sections of Hazelwood Street and Legacy Parkway. Seconded by Councilmember JuenemannAyes–Mayor Rossbach, Council Members Cardinal and Juenemann Nays–Council Members Koppen andLlanas The motion passed. September 24, 2012 6 City Council MeetingMinutes J.NEW BUSINESS 1.Approval of an On-Sale Intoxicating Liquor License for Freddy’s Tiki Hut, 1820 Rice Street City Clerk Guilfoile presented the staff report and answered questions of the council.John Robert Klein, owner of Freddy’s Tiki Hut and Pete Kielas, property owner were presentand addressed the council. Mayor Rossbachmoved toapprove an On-Sale Intoxicating Liquor License for Freddy’s Tiki Hit, 1820 Rice Street. Seconded by Councilmember KoppenAyes–All The motion passed. 2.Approval of Penalties for Alcohol Compliance Failures City Clerk Guilfoile presented the staff report and answered questions of the council. Wayne Belise from Champps of Maplewood and Pat Conroy from Sluggers Bar & Grill were present and addressed the council. Councilmember Llanasmoved toapprovethe Penalties for Alcohol Compliance Failuresas indicated by staffexcept Merwin’s Liquor to be tabled untila future meeting. AMF Maplewood Lanes$1,000 Champps of Maplewood$2,000 Chili’s Bar & Grill$1,000 Chipotle Mexican Grill$500 Richard’s Market$1,000 Rookies Sports Bar & Grill$500 Sluggers Bar & Grill$500 Seconded by Councilmember JuenemannAyes–All The motion passed. 3.Approval of Resolution Approving Plans and Specifications and Advertising for Bids, TH 36 / English Street Interchange Improvements, City Project 09-08 Public Works Director/City Engineer Thompson presented the staff report and answered questions of the council.Deb Forbes, Maplewood Resident was present and addressed the council. Mayor Rossbachmoved toapprove the resolution Approving Plans and Specifications and authorize the Advertising for Bids, TH 36 / English Street Interchange Improvements, City Project 09-08;andstaff review the height of the fence one more time with a limit of 12 feet maximum. September 24, 2012 7 City Council MeetingMinutes RESOLUTION 12-9-792 APPROVING PLANS AND SPECIFICATIONS AUTHORIZING ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on April 9, 2012 plans and specifications for the TH 36 / English Street Interchange Improvements, City Project 09- 08, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval on September 24, 2012; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2.The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletinan advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published at least twice, and at least thirty-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 read aloud at city hall on the date and time agreed to by the City and MnDOT, 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 agreed to by the City and MnDOT, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at a regular city council meeting date to be determined by the City and MnDOT. th Approved this 24day of September 2012. Seconded by Councilmember CardinalAyes–All The motion passed. st 4.Approval of Ordinance Amending Xcel Franchise Fees –1Reading City Attorney Kantrud presented the staff report and answered questions of the council. st Councilmember Juenemannmoved toapprove the 1reading of the ordinance amending Xcel Franchise Fees. Seconded by Councilmember LlanasAyes–Mayor Rossbach, Council Members Juenemann, Koppen andLlanas Nays–Councilmember Cardinal The motion passed. September 24, 2012 8 City Council MeetingMinutes K.AWARD OF BIDS None L.ADMINISTRATIVE PRESENTATIONS st 1.Notice of Cancellation of the October 1City-Manager Workshop City Manager Antonen informed the council that the October 1, 2012 City-Manager Workshop Meeting has been cancelled. M.COUNCIL PRESENTATIONS 1.Trash Collection Councilmember Juenemann reminded residents that the new organized trash collection system will begin on October 1, 2012 with Allied Waste. If residents haven’t received their new trash bin by Wednesday, September 16, 2012, they should contact Shann Finwall or Allied Waste. 2.Citizen Forums Councilmember Llanas informed residents that there will be a Voter ID forum sponsored by the Human Rights Commission. Itis scheduled for Tuesday, October 9, 2012 from 7:00 p.m. to 9:30 p.m. in the Council Chambers at City Hall. TheCommission will also conduct a forum on theMarriage Amendment on Tuesday, October 23, 2012 from 7:00 p.m. to 9:30 p.m. in the Banquet Room at the Maplewood Community Center. 3.Community Involvement Councilmember Llanas spoke about anincident in St. Cloud where a young college student was assaulted which ended in his death. Llanas encouraged residents to be involved in their community and watchful of things happening in their neighborhood. 4.Citizen’s Questions Councilmember Cardinal submitted two questions regarding the organized trash hauling system and requested that they be answered at the next council meeting. N.ADJOURNMENT Mayor Rossbachadjourned the meeting at 8:52p.m. September 24, 2012 9 City Council MeetingMinutes