HomeMy WebLinkAbout2023-06-12 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, June 12, 2023
City Hall, Council Chambers
Meeting No. 11-23
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to
order at 7:05 p.m. by Mayor Abrams.
Mayor Abrams acknowledged and thanked local businesses who partner with the city for
events.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Marylee Abrams, Mayor Present
Rebecca Cave, Councilmember Present
Kathleen Juenemann, Councilmember Present
Chonburi Lee, Councilmember Present
Nikki Villavicencio, Councilmember Present
D. APPROVAL OF AGENDA
Move agenda item F8 to be heard before F3.
The following items were added to Council Presentations:
Recycling
Lemonade Stand
Councilmember Lee moved to approve the agenda as amended.
Seconded by Councilmember Cave Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. May 22, 2023 City Council Workshop Meeting Minutes
Councilmember Juenemann moved to approve the May 22, 2023 City Council Workshop
Meeting Minutes as submitted.
Seconded by Councilmember Cave Ayes – All
The motion passed.
2. May 22, 2023 City Council Meeting Minutes
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Councilmember Lee moved to approve the May 22, 2023 City Council Meeting Minutes as
submitted.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Coleman gave an update to the council calendar and reviewed other topics of
concern or interest requested by councilmembers.
2. Council Presentations
Recycling
Councilmember Juenemann mentioned Maplewood recycling is down and reminded
residents to recycle. Councilmember Juenemann also mentioned an article in the Pioneer
Press regarding recycling and climate change.
Lemonade Stand
Councilmember Cave acknowledged Maplewood firefighters for stopping at a local child’s
lemonade stand and also acknowledged Maplewood police officers for engaging with youth
and handing out stickers after a call in the neighborhood.
Agenda Item F8 was moved before F3.
F8. Legislative Update
Senator Mitchell began the update of the legislative session. Senator Xiong covered several
Maplewood specific items. Representative Fischer provided additional information on
projects that received funding and highlighted many other laws.
No action required.
3. 2022 Annual Comprehensive Financial Report
Finance Director Rueb introduced the item. Andrew Grice, Shareholder with BerganKDV,
gave the presentation.
Councilmember Lee moved to approve Maplewood 2022 Annual Comprehensive Financial
Report.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
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4. MN Highway 36 Multimodal Corridor Study Update
Public Works Director Love introduced the item. David Elvin, Planner with Metro District,
gave the presentation and answered questions of council.
No action required.
5. Trash and Recycling Annual Review
Environmental Planner Finwall introduced the vendors and provided background information.
Bev Mathiasen and Samahra Hallada, with Republic, presented the annual trash review.
Willie Tennis, with Tennis Sanitation, gave the annual recycling review.
Councilmember Cave moved to approve the trash and recycling annual reports.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
6. Parks and Recreation Commission 2022 Annual Report
Parks and Recreation Manager Robbins introduced the presenter. Terri Mallet, Parks and
Recreation Commission Chair, gave the 2022 annual report.
Councilmember Cave moved to approve the 2022 Parks and Recreation Commission Annual
Report.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
7. Environmental and Natural Resources Commission 2022 Annual Report
Rebecca Bryan, Environmental and Natural Resources Commission Chair, gave the 2022
annual report.
Councilmember Juenemann moved to approve the Environmental and Natural Resources
Commission 2022 Annual Report.
Seconded by Councilmember Cave Ayes – All
The motion passed.
8. Legislative Update
This item was moved before F3.
G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember requests
additional information or wants to make a comment regarding an item, the vote should be
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ACCOUNTS PAYABLE:
$ 188,108.14Checks # 110864 thru # 110880
dated 5/16/23 thru 5/23/23
$ 99,299.53Checks # 110881 thru # 110891
dated 5/31/23
$ 657,332.75Checks # 110892 thru # 110919
dated 6/06/23
$ 524,493.28Disbursements via debits to checking account
dated 05/15/23 thru 06/04/23
$ 1,469,233.70Total Accounts Payable
PAYROLL
$ 771,067.71Payroll Checks and Direct Deposits dated 5/26/23
$ 771,067.71Total Payroll
held until the questions or comments are made then the single vote should be taken. If a
$ 2,240,301.41GRAND TOTAL
councilmember objects to an item it should be removed and acted upon as a separate item.
Councilmember Cave moved to approve agenda items G1-G6.
Seconded by Councilmember Lee Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Cave moved to approve the approval of claims.
Seconded by Councilmember Lee Ayes – All
The motion passed.
2. Resolution Approving the Capital Region Watershed District Local Government
Unit Delegation
Councilmember Cave moved to approve the resolution regarding the administration of the
Minnesota Wetland Conservation Act delegating Capitol Region Watershed District as the
Local Government Unit.
Resolution 23-06-2215
RESOLUTION REGARDING THE ADMINISTRATION OF THE
MINNESOTA WETLAND CONSERVATION ACT DELEGATING CAPITOL REGION
WATERSHED DISTRICT AS THE LOCAL GOVERNMENT UNIT
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WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local
government units (LGUs) to implement the rules and regulations promulgated by the Board of
Water and Soil Resources (BWSR) pertaining to wetland draining, filling and excavation; and
WHEREAS, Minnesota Rules, chapter 8420 have been adopted by BWSR in
accordance with the rulemaking provisions of Minnesota Statutes, chapter 14, for the
purpose of implementing WCA; and
WHEREAS, Minnesota Rules 8420.0200, Subpart 1, Item E allows a county, city, or
town to delegate implementation of chapter 8420 and the act to another governmental entity
by the passage of resolutions by both parties; and
WHEREAS, both parties must provide notice to BWSR, the Department of Natural
Resources, and the Soil and Water Conservation District of the delegation, including a copy
of the resolution and a description of the applicable geographic area, within 15 business days
of adoption of the resolution.
THEREFORE, BE IT RESOLVED by the City of Maplewood City Council that the
authority and administrative responsibility to implement WCA as the LGU within the legal
boundaries of the City of Maplewood is hereby delegated to Capitol Region Watershed
District as of June 12, 2023 in accordance with Minnesota Rules, Chapter 8420.
Seconded by Councilmember Lee Ayes – All
The motion passed.
3. Local Lawful Gambling Permits for the Church of the Presentation of the Blessed
Virgin Mary, 1725 Kennard Street
Councilmember Cave moved to approve the Local Lawful Gambling permit for Church of the
Presentation of the Blessed Virgin Mary for September 16-17, 2023.
Seconded by Councilmember Lee Ayes – All
The motion passed.
4. Resolution Establishing Administrative Penalties Regarding Violations of
Tobacco License, Maplewood Tobacco LLC, 2251 Larpenteur Ave E
Councilmember Cave moved to approve the resolution establishing administrative penalties
regarding violations of tobacco license for Maplewood Tobacco, LLC at 2251 Larpenteur
Avenue E.
Resolution 23-06-2216
RESOLUTION ESTABLISHING ADMINISTRATIVE PENALTIES REGARDING
VIOLATIONS OF TOBACCO LICENSE FOR MAPLEWOOD
TOBACCO, LLC AT 2251 LARPENTEUR AVENUE E
WHEREAS, the city of Maplewood (the “City”) has issued a license (the “License”) for
the sale of tobacco, tobacco-related devices, electronic delivery devices and nicotine or lobelia
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delivery products (“Licensed Products”) to Maplewood Tobacco, LLC (the “Licensee”) at 2251
Larpenteur Avenue E (the “Retail Establishment”); and
WHEREAS, issuance of the License and regulation of the sale of Licensed Products is
authorized and subject to the restrictions of Minnesota Statutes, Chapter 461 and Maplewood
city code sections 14-1371 through 14-1380 (the “City Code”); and
WHEREAS, on April 20, 2021, the Licensee was found by the Minnesota Department
of Revenue to have contraband Licensed Products at the Retail Establishment and, after failure
by the Licensee to seek judicial review, the seized Licensed Products were forfeited to the
state; and
WHEREAS, on October 22, 2021, the Licensee failed a compliance check conducted
by the Maplewood Police Department at the Retail Establishment by selling Licensed Products
to an individual under the age of 21; and
WHEREAS, on December 13, 2022, the Licensee was again found by the Minnesota
Department of Revenue to have contraband Licensed Products at the Retail Establishment
and the seized Licensed Products were again forfeited to the state following the Licensee’s
failure to seek judicial review; and
WHEREAS, City Code section 14-1375 provides that it is a violation of City Code for
any person to sell or offer to sell any Licensed Products:
(1) To a person under the age of 21; and
* * * * *
(6) To any other person, in any other manner or form prohibited by federal or state
law or regulation, or by local ordinance; and
WHEREAS, City Code section 14-1378 provides “For a third or subsequent violation at
the same location within 36 months after the initial violation, an administrative penalty of $1,000
must be imposed, and the licensee’s authority to sell licensed products at that location must
be suspended for not less than seven days and may be revoked”; and
WHEREAS, notice was given to the Licensee by letter dated April 13, 2023 that the
Maplewood city council would conduct a hearing on the violations and administrative penalty
at its regular city council meeting of May 22, 2023; and
WHEREAS, an attorney representing the Licensee submitted a letter dated May 18,
2023 detailing the Licensee’s position on the matter, which letter was forwarded to members
of the city council on May 19, 2023; and
WHEREAS, on May 22, 2023 the city council conducted a hearing on the matter, at
which hearing the Licensee and his attorney addressed the city council; and
WHEREAS, after considering the written and oral testimony of the Licensee and his
attorney, the staff report and supporting materials presented by the city clerk, the comments
by the city attorney and following an opportunity to ask questions of the participants at the
hearing and to discuss the matter among themselves, the city council articulated their views
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and directed that a resolution consistent with their findings and conclusions be prepared and
brought to the meeting of June 12, 2023 for adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA AS FOLLOWS:
1. The incidents of April 20, 2021, October 22, 2021 and December 13, 2022
involving the Licensee at the Retail Establishment cited in the above Recitals each
constitute a violation of City Code section 14-1375 and occurred within 36 months
of one another.
2. In accordance with City Code section 14-1378, an administrative penalty of $1,000
is hereby imposed on the Licensee, which penalty must be paid within 30 calendar
days of the adoption of this resolution.
3. In accordance with City Code section 14-1378, the License is also hereby
suspended for seven calendar days beginning on Tuesday, June 13, 2023 and
extending through Monday, June 19, 2023. During the period of suspension, the
Licensee is prohibited from selling or offering to sell any Licensed Products from
the Retail Establishment.
4. City staff are directed to bring any future violations by the Licensee of any law or
regulation regarding License Products at the Retail Establishment to the attention
of the city council for consideration of additional administrative penalties.
Seconded by Councilmember Lee Ayes – All
The motion passed.
5. Purchase of Three 2023 Marked Police Vehicles
Councilmember Cave moved to approve the purchase of three 2023 marked Dodge Durango
AWD patrol vehicles.
Seconded by Councilmember Lee Ayes – All
The motion passed.
6. Reimbursement Agreement and Release of Claims for 2693 Red Splendor Circle
East
Councilmember Cave moved to approve the Reimbursement Agreement and Release of
Claims for 2693 Red Splendor Circle East and direct the Mayor and City Manager to sign the
agreement. Minor revisions as approved by the City Attorney are authorized as needed.
Seconded by Councilmember Lee Ayes – All
The motion passed.
H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with
the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before
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addressing the council. At the podium please state your name and address clearly for the
record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then
direct staff, as appropriate, to answer questions or respond to comments.
None
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Resolution Providing for the Issuance and Sale of General Obligation
Improvement Bonds, Series 2023A, $2,125,000
Finance Director Rueb gave the staff report.
Councilmember Juenemann moved to approve the Resolution Providing for the Issuance and
Sale of General Obligation Improvement Bonds, Series 2023A, to be issued in the Proposed
Aggregate Principal Amount of $2,125,000.
Resolution 23-06-2217
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2023A, TO BE ISSUED IN THE PROPOSED
AGGREGATE PRINCIPAL AMOUNT OF $2,125,000
BE IT RESOLVED By the City Council of the City of Maplewood, Minnesota (the
“City”) as follows:
Section 1. Findings; Determinations.
a. The City is authorized by Minnesota Statutes, Chapters 429 and 475, as
amended (the “Act”), to issue general obligation bonds in an amount deemed
necessary to defray in whole or in part the expense incurred and estimated to be
incurred in making improvements authorized by the Act, including but not limited
to the construction, reconstruction, improvement, and maintenance of streets,
gutters, curb, and sidewalks and the construction, reconstruction, extension, and
maintenance of storm and sanitary sewers and systems.
b. Certain assessable public improvements within the City, including the project
designated by the City as the Myrtle-Sterling Area Street Improvements (the
“Assessable Improvements”), have been made, duly ordered, or contracts let
pursuant to the provisions of the Act.
c. The Council finds it necessary and expedient to the sound financial management
of the affairs of the City to issue general obligation improvement bonds, in the
proposed aggregate principal amount of $2,125,000, pursuant to the Act to
provide financing for the Assessable Improvements.
Section 2. Bonds Authorized.
a. It is necessary and expedient to the sound financial management of the affairs of
the City to issue its General Obligation Improvement Bonds, Series 2023A (the
“Series 2023A Bonds”), in the proposed aggregate principal amount of
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$2,125,000, pursuant to the Act to provide financing for the Assessable
Improvements. The Series 2023A Bonds will be issued, sold, and delivered in
accordance with the terms of a pre-sale report prepared by Ehlers & Associates,
Inc., and distributed on or before the date hereof (the “Pre-Sale Report”). Ehlers
& Associates, Inc., as municipal advisor to the City, is authorized to assist the
City in the offer and sale of the Series 2023A Bonds. The officers, employees,
and agents of the City are hereby authorized to assist Ehlers & Associates, Inc.
with respect to its activities in connection with the issuance and sale of the Series
2023A Bonds.
b. The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate
the sale of the Series 2023A Bonds, it being determined that the City has
retained an independent municipal advisor in connection with such sale.
Section 3. Authorization to Offer Bonds.
The City Manager and the Finance Director of the City, together with Ehlers & Associates,
Inc., are authorized and directed to prepare and distribute an Official Statement with respect
to the Series 2023A Bonds, apply for a rating from one or more rating agencies with respect
to the Series 2023A Bonds, negotiate the sale of the Series 2023A Bonds, and take such
other actions as are necessary or appropriate in anticipation of the award and sale of the
Series 2023A Bonds in accordance with the Pre-Sale Report. The City Council will meet at
or after 7:00 P.M. on Monday, July 10, 2023, to consider proposals on the Series 2023A
Bonds, award the sale of the Series 2023A Bonds, and take any other appropriate actions
with respect to the Series 2023A Bonds.
Section 4. Authorization of Bond Counsel.
The law firm of Kennedy & Graven, Chartered, as bond counsel for the City, is authorized to
act as bond counsel and to assist in the preparation and review of necessary documents,
certificates, and instruments relating to the Series 2023A Bonds. The officers, employees,
and agents of the City are hereby authorized to assist Kennedy & Graven, Chartered, with
respect to the preparation of such documents, certificates, and instruments and its other
activities in connection with the issuance and sale of the Series 2023A Bonds.
Section 5. Covenants and Undertakings.
In the resolution awarding the sale of the Bonds the City Council will set forth the covenants
and undertakings required by the Act.
Seconded by Councilmember Lee Ayes – All
The motion passed.
2. Public Comment Discussion
City Manager Coleman gave the staff report. Councilmembers discussed the options as
presented.
Mayor Abrams moved not to establish a new policy to reinstate public comment.
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Seconded by Councilmember Juenemann
Councilmember Lee requested a roll-call vote Ayes – Mayor Abrams
Councilmember Cave
Councilmember Juenemann
Nays – Councilmember Lee
Councilmember Villavicencio
The motion passed.
3. City Council Retreat Summary
a. Approval of Mission Statement and Values
b. Acceptance of Summary Report
City Manager Coleman gave the staff report.
Councilmember Juenemann moved to approve the City’s Mission Statement and Core
Values.
Seconded by Councilmember Villavicencio Ayes – All
The motion passed.
Councilmember Lee moved to accept the summary report.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
K. AWARD OF BIDS
None
L. ADJOURNMENT
Mayor Abrams adjourned the meeting at 9:26 p.m.
Andrea Sindt, City Clerk
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