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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 June 12, 2023 City Council Meeting Minutes 1 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. June 12, 2023 City Council Meeting Minutes 2 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 June 12, 2023 City Council Meeting Minutes 3 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 June 12, 2023 City Council Meeting Minutes 4 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 June 12, 2023 City Council Meeting Minutes 5 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 June 12, 2023 City Council Meeting Minutes 6 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 June 12, 2023 City Council Meeting Minutes 7 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 June 12, 2023 City Council Meeting Minutes 8 $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. June 12, 2023 City Council Meeting Minutes 9 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 June 12, 2023 City Council Meeting Minutes 10