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HomeMy WebLinkAbout01-11-2010 MINUTES MAPLEWOOD CITY COUNCIL 6:30p.m.,Monday,January 11, 2010 Council Chambers, City Hall Meeting No.02-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent James Llanas, CouncilmemberPresent John Nephew, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added by Mayor Rossbach: H1.Citizen’s Forum H2.Visitor Presentations H3.Council Chambers Sound Systems CouncilmemberJuenemannmoved to approve the agenda as amended. Seconded by Councilmember Nephew.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of December 7, 2009, Special City Council Minutes Councilmember Juenemannhad a correction to D 1. b. Mayor Longrie presented her 2010 budget. Councilmember Nephewmoved to approve the December 7, 2009, Special City Council Minutes asamended. Seconded by CouncilmemberJuenemann.Ayes –Mayor Rossbach, Councilmembers Juenemann, and Nephew Abstention –Councilmember Llanas The motion passed. Page 1of 21 2.Approval of December 14, 2009, City Council WorkshopMinutes Councilmember Nephew had corrections to the minutes of December 14, 2009, that he sent in to City Clerk, Guilfoile. Councilmember Nephewmoved to approve the December 14, 2009, City Council Workshop Minutesassubmitted. Seconded by CouncilmemberJuenemann.Ayes–Mayor Rossbach, Councilmembers Juenemann, and Nephew Abstention –Councilmember Llanas The motion passed. 3.Approval of December 14, 2009, City Council Meeting Minutes Councilmember Nephew had corrections to the minutes on page 3, J.1. 7. It should say George Oxfordp not Lopez. In the friendly amendment,change the word caliber to calier. On page 21, lcu under item 4, change the word recused to resed. Under 4 b., the last name Merrillshould be ireau M. On page 23, after Councilmember Nephew accepted the friendly amendment, change the lcu word recused to resed. Councilmember Juenemann had a correction to page 3 page13 of180, I 1. It sounds odd and the wording needs to changed,Mr. Rossbach presented the plaque (the words andshould turn into by) Councilmember Nephew moved to approve the December 14, 2009, City Council Meeting Minutes as amended. Seconded by CouncilmemberJuenemann.Ayes –Mayor Rossbach, Councilmembers Juenemann, and Nephew Abstention –Councilmember Llanas The motion passed. F.VISITOR PRESENTATIONS –PARTI 1.Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten discussed her disappointment in the way the council decidedto handlethe temporary city council position. Ms. Slettensaid there will be apetition to have a state audit conducted fromJanuary 1, 2004 to December 31, 2009whichis a citizen-driven initiative. To sign a petition for the auditcitizens th can go to the Ramsey County Public Library in Maplewood January 13from 12 –4, January th 16from 10-12, andJanuary 21 from 6 to 8 p.m. 2.George Rossbach, 1386 County Road C East, Maplewood. Mr. Rossbach said ataDecember city council meeting he was misquoted as saying he thought TIF was a license to steal andhe clarified that he stateda“PUD”was a license to steal. Mr. Rossbach stated hehadproblems with developers calling it a PUD, that way thedeveloperswere able to do things others could not do. If properly used andTIF can be a plus tothe city. Mr. Rossbach said15 years ago the city initiatedtelevising council meetingsto establish rules forcitizen presentations. Mr. Rossbach said the rule used to be that during an election year city councilmembers that were Page 2of 21 on the ballot running for office could not use visitor presentations to speak, and nobody could speak during visitor presentations “for”or “against”a candidate. He said visitor presentations are not to be used as a political campaign soapbox. He said before the election last fallat one meeting,seven people spoke about political issues andused individualsnamesthat were on the ballot. He said he would like the city council to revisit that rule prohibiting thisfor the future. 3.Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick discussed his opinion of using TIF in the cityand commented on what was mentioned by George Rossbach. He agreed with Ms. Sletten regarding how the process of filling the temporary city council position vacancy should be an open process and not a closed endeavor by the current city council. Mr. Zick described the difference between a “resident”and a “citizen”in Maplewoodand asked that the city council refer to people living in Maplewood as citizens and not residents.Mr. Zickcommented on the seating arrangement of the new city council. Mr. Zick gave opinions of other observations as well. G.ADMINISTRATIVE PRESENTATIONS 1.Notice Of Council Manager Workshop On January 14, 2010, at 5:00 p.m. In Council Chambers To Conduct Interviews For The Business and Economic Development Advisory Commission. a.City Manager, James Antonen gave a brief report. Councilmember Nephew made a motion to hear Council Presentations next on the agendaand proceed accordingly. Seconded by Councilmember Juenemann.Ayes –All The motion passed. H.COUNCILPRESENTATIONS 1.Citizen’sForum –Mayor Rossbach Mayor Rossbach said the Citizen Forum takes place the first Saturday of the month. Mayor Rossbach suggested that all councilmembers beinvolved and recommended the council rotate hosting the Citizens Forum. He would also like to move the Citizen’s Forum meetings to other locations in the city so citizens in the south leg of Maplewood would have better access if they chose to come to the meetings. Councilmember Nephew recommended discussing this further during item L5. Visitor Presentations 2.–Mayor Rossbach Mayor Rossbach said he has had several residentsstate they do not like to attend the beginning of the city council meetings because of the people that speak during visitor presentations. This topic will be discussed during L5 as well. Council Chambers Sound System 3.–Mayor Rossbach Mayor Rossbach said several residentshave complained that it is very difficult to hear as a member of the audience during city council meetings. Mayor Rossbach statedhe would like to rectify that problem and recommending makingimprovements on the sound in the council chambers for the people in the audiencewhich the councilmembers agreed should be done. I.APPOINTMENTS AND PRESENTATIONS a.Assistant City Manager, Chuck Ahl gave a brief report and answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. Page 3of 21 1.Reappointment To Community Design Review Board 2.Reappointment To Park & Recreation Commission 3.Reappointment To Planning Commission Councilmember Nephew moved to reappoint Ananth Shankar to the CDRB, Bruce Roman and Kim Schmidt to the Park & Recreation Commission, Dale Trippler to the Planning Commission, and Lisa Liddell to the Police Civil Service Commissionall for term durations as currently prescribed by ordinance for their respectable . Seconded by Councilmember Llanas. Councilmember Juenemann made a friendly amendment to pull the Police Civil Service Commission position off and vote on that separately. Councilmembers Nephew and Llanas accepted the friendly amendment. Councilmember Nephew made a revised motion toreappointAnanth Shankar to the CDRB, Bruce Roman and Kim Schmidt to the Park & Recreation CommissionandDale Trippler to the Planning Commission,all for term durationsas currently prescribed by ordinance for their respectable . Seconded by Councilmember Llanas.Ayes –All The motion passed. Councilmember Nephew moved to direct staff to bring back a revision to the ordinances amending the terms for the boards and commissions to allow for staggering and to allow uniformity in the terms so they donot all expireDecember 31 and January 1. Seconded by Councilmember Juenemann.Ayes –All 4.Reappointment To Police & Civil Service Commission Mayor Rossbach moved to reappoint Lisa Liddell, on the Police & Civil Service Commission. Seconded by Councilmember Llanas.Ayes –Mayor Rossbach, Councilmembers Llanas & Nephew Nays –Councilmember Juenemann The motion passed. 5.Reappointment To Environmental And Natural Resources Commission a.Assistant City Manager, Chuck Ahl gave a brief report. Councilmember Nephew moved to reappoint Carole Lynne, Carol Mason Sherrill and Ginny Yingling to the ENR Commission with terms expiring 12-31-2012 and Dale Trippler with a term expiring 12-31-2011. Seconded by Councilmember Juenemann.Ayes –All The motion passed. Page 4of 21 J.PUBLIC HEARINGS None. K.UNFINISHED BUSINESS 1.Wetland Ordinance Summary Publication Review a.Park and Park & Recreation and Community Development Director, DuWayne Konewko gave the presentationand answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. Councilmember Nephewmoved toapprove the Wetland Ordinance Publication. ORDINANCE NO. 895(SUMMARY) AN ORDINANCE AMENDING THE CITY OF MAPLEWOOD WETLAND REGULATIONS On December 14, 2009, the Maplewood city council amended portions of Article VII (Environmental Protection and Critical Area) dealing with wetlands. This ordinance revises the city’s wetland regulations and adopts by reference a revised wetland classification map as summarized below: The purpose of the revised wetland ordinance is to protect wetlands and streams from degradation, pollution, and the acceleration of aging by regulating land use around wetlands and streams. The revised wetland ordinance serves to protect the beneficial environmental and economic functions of wetlands and streams, including but not limited to their ability to: 1) maintain water quality by filtering pollutants and reducing flooding and erosion; 2) provide food and habitat for wildlife; and 3) provide open space for human interaction. Protection measures include increased buffer requirements. Buffers are land areas adjacent to wetlands and streams in which development and land use are restricted. The previous wetland ordinance required a range of buffers from 20 to 100 feet; the revised wetland ordinance requires a range of buffers from 50 to 100 feet depending on wetland classification. The revised wetland ordinance also adds clarification to the activities which are prohibited, allowed, and exempted within a pre-existing nonconforming lawn area (buffer areas currently maintained as lawn) versus a naturalized or native buffer. The purpose of the revised wetland classification map, adopted by reference in the revised wetland ordinance, is to ensure all of Maplewood’s wetlands are classified based on the Minnesota Routine Assessment Method (MnRAM) system of classifying wetlands, which is a more scientifically-based approach to wetland classification than Maplewood’s previous system. Seconded by Councilmember Juenemann. Mayor Rossbach asked if anyone in the audience wanted to comment. 1.Mark Jenkins, 830 New Century Boulevard South, Maplewood, addressed the council. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. Page 5of 21 2.First Reading Of The Recreational Fire Ordinance a.City Attorney, Alan Kantrud gave a brief update and answered questions of the council. Mayor Rossbach asked if anyone in the audience wanted to comment. 1.Bob Zick, 2515 White Bear Avenue, Maplewood. 2.Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Councilmember Juenemannmoved toapprove the first reading of the recreational fire ordinance adding you cannot burn leaves. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. L.NEW BUSINESS 1.Consider Approving Contract With H. Alan Kantrud For City Attorney And Prosecution Services a.Assistant City Manager, Chuck Ahl gave the report and answered questions of the council. Mayor Rossbach asked if anyone in the audience wanted to address the council. 1.George Rossbach,1406 County Road C, Maplewood. 2.Elizabeth Sletten, 2747 Clarence Street, North, Maplewood. 3.Bob Zick, 2515 White Bear Avenue, Maplewood. Councilmember Juenemannmoved toapprove the contract with H. Alan Kantrud for City Attorney and Prosecution Services through December 31, 2010,in the amount of $198,000.00. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 2.Consider Approving Contract With Charles E. Bethel For Human Resources Attorney Services a.City Manager, James Antonen answered questions of the council. b.Human Relations Attorney, Chuck Bethel answered questions of the council. Councilmember Nephewmoved toapprove the contract with Charles E. Bethel for Human Resources Attorney Services through December 31, 2010,in the amount of $79,200.00. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 3.Resolution Designating Depositories For Investments a.Finance Director, Bob Mittet gave the report. CouncilmemberNephewmoved toapprove the resolution designating depositories for investments. Page 6of 21 RESOLUTION # 10-01-309 CORPORATE AUTHORIZATION RESOLUTION By: LAKE AREA BANKCITY OF MAPLEWOOD Referred to in this document as “Financial Institution”Referred to in this document as “Corporation” I,Karen Guilfoile, certify that I am Secretary (clerk) of the above named corporation organized under the laws of Maplewood, Minnesota, Federal employer I.D. Number 41-6008920, engaged in business under the trade name of City of Maplewood, and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of the City Council of the Corporation duly and properly called and held on January 11, 2010. These resolutions appear in the minutes of this meeting and have not been rescinded or modified. AGENTS AnyAgent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below: Name and title or PositionSignatureFacsimile Signature (if used) A.__Will Rossbach , Mayor_____________ X__________________________X__________________________ B.__James Antonen, City Manager_______ X__________________________X__________________________ C.__Robert Mittet, Finance Director______ X__________________________X__________________________ D._________________________________ X__________________________X__________________________ E._________________________________ X__________________________X__________________________ POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power. Following each power indicate the number of Agent signatures required to exercise the power.) Indicate A, B, C, D or EDescription of PowerIndicate number of signatures Required ________________(1) Exercise all of the powers listed in this resolution _________________________ __A, B, C_________(2) Open any deposit or share account(s) in the name of the __________3______________ Corporation. __A, B, C_________(3) Endorse checks and orders for the payment of money or __________3______________ otherwise withdraw or transfer funds on deposit with this Financial Institution. ________________(4) Borrow money on behalf and in the name of the Corporation, _____________________ sign, execute, and deliver promissory notes or other evidences of indebtedness. ___A, B__________(5) Endorse, assign, transfer, mortgage or pledge bills receivable _________2_____________ warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment. ___A, B___________(6) Enter into a written lease for the purpose of renting, maintaining ______2_____________ accessing and terminating a Safe Deposit Box in this Financial Institution. ___A, B, C_________(7)OtherTransfer funds to/from other bank accounts owned by______1_____________ Page 7of 21 City of Maplewood LIMITATIONS ON POWERS Thefollowing are the Corporation’s express limitations on the powers granted under this resolution. EFFECT ON PREVIOUS RESOLUTIONS Thisresolution supersedes resolution datedJanuary 11, 2010. If not completed, all resolutions remain in effect. CERTIFICATION OF AUTHORITY I further certify that the City Council of the Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the resolutions on page 2 and to confer the powers granted above to the persons named who have full power and lawful authority to exercise the same. (Apply seal below where appropriate.) If checked, the Corporation is a non-profit corporation. In witness Whereof, I have subscribed my name to this document and affixed the seal of the Corporation on _________________________________ (date). Attest by one other Officer _______________________________ Secretary (clerk) RESOLUTION 10-01-310 BE IT RESOLVED , that the following be and hereby are selected as depositories for time deposits of the City of Maplewood: Alerus Financial, N. A. (fka Prosperan Bank) Wells Fargo Bank Lake Area Bank BE IT FURTHER RESOLVED , that the deposits in any of the above depositories shall not exceed the amount of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED , that funds in the above depositories may be withdrawn and wire transferred to any other depository of the city by the request of the Finance Director or Assistant Finance Director. BE IT FURTHER RESOLVED , that these depository designations are effective until December 31, 2011. Seconded by Mayor Rossbach.Ayes –All The motion passed. Page 8of 21 4.Consideration Of 2010 City Council Appointments a.City Clerk, Citizen Services Director, gave the reportand answered questions of the council. b.Assistant City Manager, Chuck Ahl answered questions of the council. Councilmember Juenemannmoved toapprove the 2010 City Council Appointments. Appointment2009 Appointments 2010 Appointments Acting Mayor*Kathleen Juenemann John Nephew *Rotation of acting mayors: 2005 Will Rossbach, 2006 Kathleen Juenemann, 2007 Rebecca Cave, 2008 Erik Hjelle, 2010 John Nephew 2009 Kathleen Juenemann, Appointment2009 Appointments 2010 Appointments Data Compliance Officers: Responsible AuthorityKaren GuilfoileKaren Guilfoile City Personnel OfficerTerrieRameauxTerrie Rameaux City Law Enforcement OfficerDavid ThomallaDavid Thomalla Official NewspaperMaplewood ReviewMaplewood Review Pioneer Press (Alternate)Pioneer Press (Alternate) Auditor ContactJohn NephewJohn Nephew Diana Longrie (Alternate)Will Rossbach(Alternate) I-94 Corridor GroupDiana LongrieWill Rossbach Will Rossbach (Alternate)Chuck Ahl (Alternate) Business & Economic DevelopmentN/AJim Llanas Advisory Commission.Mike Martin (Staff Liaison) Community Design Review BoardJohn NephewJohn Nephew ndth (2& 4Tuesday 7:00 p.m.)Tom Ekstrand (Staff Liaison)Mike Martin(Staff Liaison) Environment & Natural Kathleen JuenemannKathleen Juenemann Resources CommissionShawn Finwall (Staff Liaison)Shawn Finwall (Staff Liaison) rd Mondayof the Month) (3 Historical Preservation Diana LongrieJim Llanas CommissionDavid Fischer (Staff Liaison)David Fischer (Staff Liaison) rd Thursday at 7:00 p.m.) (3 Maplewood Green TeamErik HjelleKathleen Juenemann (Monthly as Needed)Shann Finwall (Staff Liaison)Shann Finwall (Staff Liaison) Parks & RecreationWill RossbachWill Rossbach CommissionDuWayne Konewko (CIP & Maint.)DuWayne Konewko rd Wednesday at 7:00 p.m.)Doug Taubman (Rec. Programs)Jim Taylor/Audra Robbins (3 Planning CommissionJohn NephewJim Llanas strd & 3Tuesdays at 7:00 p.m.)Tom Ekstrand (Staff Liaison)Tom Ekstrand (Staff Liaison) (1 Police Civil Service CommissionKathleen JuenemannKathleen Juenemann (Meets as Needed)Terrie RameauxTerrie Rameaux 800 MHz RepresentativeKathleen JuenemannKathleen Juenemann Will Rossbach (Alternate)Jim Llanas(Alternate) Page 9of 21 Appointment2009 Appointments 2010 Appointments Fire Relief AssociationDiana LongrieWill Rossbach Relief By-Laws require MayorRobert Mittet (Staff Liaison)Robert Mittet (Staff Liaison) to be member of the Board Housing & RedevelopmentDiana LongrieJim Llanas AuthorityTom Ekstrand (Staff Liaison)Tom Ekstrand (Staff Liaison) nd (2Wednesday at 7:00 p.m.) Joint Ice Arena BoardErik HjelleJim Llanas Diana Longrie Will Rossbach Municipal Legislative CommissionDiana LongrieJames Antonen (Monthly, Wed. 11:30 a.m.–1:00 p.m.)Kathleen Juenemann (Alternate)Kathleen Juenemann (Alternate) N.E.S.TWill RossbachWill Rossbach (First Tuesday @ 7:30 p.m.)Diana Longrie The PartnershipJohn NephewJim Llanas Dave Kvam(Staff Liaison)Dave Kvam (Staff Liaison) Ramsey County League Will RossbachWill Rossbach of Local GovernmentsJohn Nephew (Alternate)Jim Llanas (Alternate) Ramsey/WashingtonKim FacileKim Facile Suburban Cable CommissionJohn Nephew (Alternate)John Nephew (Alternate) Rush Line CorridorWill RossbachWill Rossbach Diana LongrieChuckAhl (Staff Liaison) Chuck Ahl (Staff Liaison) Suburban Area ChamberDiana LongrieJames Antonen of Commerce(St. Paul)Heidi Carey Suburban Rate AuthorityDianaLongrieJohn Nephew (First month of quarter) St. Paul Water UtilityWill Rossbach(No Representative Required) Board of Commissioners Seconded by CouncilmemberNephew.Ayes –All The motion passed. The City Council took a recess from 8:30 p.m.to 8:42 p.m. 5.Approval Of Rules And Procedures For City Council And Council Meetings a.City Clerk, Citizen Services Director, Karen Guilfoile gave the report. b.City Manager, James Antonen addressed the council. c.City Attorney, Alan Kantrud addressed the council. Mayor Rossbach asked if anyone in the audience wanted to speak regarding this item. Page 10of 21 1.Mark Bradley, 2164 Woodlynn Avenue, Maplewood. 2.Bob Zick, 2515 White Bear Avenue, Maplewood. 3.Mark Jenkins, 830 New Century Boulevard South, Maplewood. CouncilmemberJuenemannmoved toapprove the rules and procedures for city council and council meetingswith changes as amended. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 6.Approval Of 2010 Public Hearing Policies And Procedures Mayor Rossbach allowed Mr. Zick to come forward. 1.Bob Zick, 2515 White Bear Avenue, Maplewood. Councilmember Juenemannmoved toapprove the 2010 public hearing policies and proceduresas amended. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 7.Hills & Dales Area Street Improvements, City Project 09-15 Resolution Accepting Report, Authorizing Preparation Of Plans And Specifications, And Calling For Public Hearing a.City Engineer, Michael Thompson gave the presentation and answered questions of the council. Councilmember Juenemannmoved toapprove the Hills & Dales Street Improvements, City Project 09-15, resolution accepting report, authorizing preparation of plans and specifications, and calling for public hearing. RESOLUTION 10-01-311 ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolutionsof the council adopted August 10, 2009 and September 14, 2009, a report has been prepared by the city engineering division withreference to the improvement of Hills & Dales Area Street Improvements, City Project 09-15, and this reportwas received by the council on January 11, 2010, 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 Hills & Dales Area Street Improvements, City Project 09-15in 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 $7,836,087. Page 11of 21 2.The city engineer or designated staff engineer is theengineer for this improvement and is hereby directed toprepare 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 $7,836,087 shall be established. The proposed financing plan is as follows: th 4.A public hearing shall be held on such proposed improvement on the 25day of December, 2010,in the council chambers of city hall at 7:00p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. th Approved this 11day of January 2010. Seconded by MayorRossbach.Ayes –All The motion passed. M.CONSENT AGENDA 1.Councilmember Nephewmoved to approve items1-14. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 1.Approval of Claims CouncilmemberNephewmoved Approval of Claims. ACCOUNTS PAYABLE: $618,175.36Checks # 80084thru # 80158 $ 119,563.47Disbursements via debits to checking account Dated 04/03/08 thru 04/10/08 $161,958.87Checks # 80159thru # 80202 Dated 12/16/09 tru 12/22/09 $ 292,716.37Disbursements via debits to checking account Dated 12/11/09thru12/18/09 __________________ $ 1,192,414.07Total Accounts Payable Page 12of 21 PAYROLL $488,241.94Payroll Checks and Direct Deposits dated 12/11/09 $ 2,229.75Payroll Deduction check #1008315thru #1008316 dated 12/11/09 ___________________ $490,471.69Total Payroll GRAND TOTAL $ 1,682,885.76 Seconded by Councilmember Juenemann.Ayes –All The motion passed. 2.Request To Purchase A Philips MRX Heart Monitor Councilmember Nephewmovedtoapprove the purchase of the new Philips MRX heart monitor in the amount of $19,201.34 purchased from Philips Manufacturing. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 3.Purchase Of Tax Forfeited Property, Legacy Village Tot Lot Parcel –Resolution To Purchase Councilmember Nephewmoved toapprove the resolution approving the purchase of Lot 2, Block 1, Legacy Village of Maplewood for park use. RESOLUTION 10-01-312 APPROVAL TO PURCHASE LOT 2, BLOCK 1, LEGACY VILLAGE OFMAPLEWOOD WHEREAS, Ramsey County has informed the City of Maplewood of the opportunity for the city to acquire a tax-forfeited property. WHEREAS, this property is located in the Legacy Village mixed-use development on the west side of Kennard Street between Legacy Parkway and County Road D, legally described as follows: LEGACY VILLAGE OF MAPLEWOOD, LOT 2, BLOCK 1. PID#03-29-22-12-0026 WHEREAS, the City of Maplewood, proposes to utilize this property to provide a neighborhood tot lot park. NOW, THEREFORE, BE IT RESOLVED that the city council hereby formally requests the purchase of the above-described property from Ramsey County for neighborhood park purposes. The Maplewood City Council passed this resolution on January 11, 2010. Page 13of 21 Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 4.Resolution Approval To Accept Donation From Schmelz Countryside Councilmember Nephewmoved toapprove the donation of $2,500 from Schmelz Countryside to be used toward youth and senior citizen programs. RESOLUTION 10-11-322 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Schmelz Countryside wishes to grant the City of Maplewood the following: $2,500, and; WHEREAS, Schmelz Countryside has instructed that the City will be required to use the aforementioned for: programs for children and the elderly,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 pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may berequested or required. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership onJanuary 11,2010. Signed:Signed:Witnessed: __________________________________________________________ (Signature)(Signature)(Signature) Mayor______________Chief of Police_________City Clerk____________ (Title)(Title)(Title) ____________________________________________________________ (Date)(Date)(Date) Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. Page 14of 21 5.Annual Renewal Of Liquor Licenses Off-Sale, On-Sale, Wine and Club Councilmember Nephewmoved toapprove the liquor licenses off-sale, on-sale, and wine and club as follows. RESOLUTION 10-01-314 RESOLVEDBY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On-Sale, Off-Sale, Club and Wine Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2010, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: Off-Sale 3.2 Beer Licenses Richard’s Market Cub Foods #30244 1344 Frost Avenue 100 West County Road B Cub Foods #31264SuperAmerica #4022 2390 White Bear Avenue1750 White Bear Avenue SuperAmerica #4089 Maplewood Kwik Mart 2150McMenemy Street11 Century Avenue South Rainbow Foods #8861 2501 White Bear Avenue Off-Sale Intoxicating Liquor Licenses A1 Liquor 19 Century Avenue North Big Discount Liquor 2515 White Bear Avenue Costco Wholesale #1021 1431 Beam Avenue East Cub Discount Liquor 100 West County Road B Heritage Liquor LLC 1347 Frost Avenue Hillside Liquors 1690 McKnight Road North Maplewood Wine Cellar 1281 Frost Avenue Merwin Liquors 1700-D Rice Street MGM Liquor Warehouse 2950 White Bear Avenue Party Time Liquor 1835 East Larpenteur Avenue Princess Liquor ‘n Tobacco 2728 Stillwater Road Page 15of 21 Sarrack’s Int’l. Wine & Spirits 2305 Stillwater Road White Bear Liquor & Wine 2223 WhiteBear Avenue Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 6.Temporary Gambling Permit –Ramsey Nursing Home Foundation Councilmember Nephewmoved toapprove the lawful gambling resolution for the Ramsey County Care Center. RESOLUTION 10-01-313 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Ramsey Nursing Home Foundation, 2000 White Bear Ave, February 23, March 23, April 27, and October 19,2010 from 5pm to 9pm. 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 CouncilmemberJuenemann.Ayes –All The motion passed. 7.Markham Pond Retaining Wall, Project 05-18, Resolution Approving Final Payment And Acceptance Of Project Councilmember Nephewmoved toapprove the resolution approving the final payment and acceptance of project for the Markham Pond Retaining Wall, Project 05-18. RESOLUTION 10-01-315 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the City of Maplewood has determined that the Markham Pond Retaining Wall Improvement,City Project 05-18,iscomplete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: January 11, 2010 16 City Council MeetingMinutes 1)City Project05-18is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $224,470.22. Final payment to Urban Companies, LLC, and the release of any retainage or escrow is hereby authorized. 2)The finance directoris hereby authorized to implement the final financing plan listed in the report and to close the project fund after making all final payments. Final Financing Plan $ 56,084.40 Special Assessments $223,915.60 Environmental Utility Fund $280,000.00 TOTAL: th Approved this 11day of January 2010. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 8.Carsgrove Meadows Area Street Improvements, City Project 08-10, Resolution Directing Reduction Of Retainage On Existing Construction Contract Councilmember Nephewmoved toapprove the Carsgrove Meadows Area Street Improvements, City Project 08-10, Resolution Directing Reduction of Retainage on Existing construction contract. RESOLUTION 10-01-316 DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 08-10 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 08-10,Carsgrove MeadowsImprovements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, Miller Excavating, Inc., has requested, by written notice, a reduction in contract retainage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA thatthe retainage within the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5% to 1%. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 9.Castle Avenue Improvements, City Project 08-12, Consider Approval Of Resolution Reducing Retainage On Existing Construction Contract Councilmember Nephewmoved toapprove the Castle Avenue Improvements, City Project 08-12, Consider Approval of Resolution Reducing Retainage on existing construction contract. January 11, 2010 17 City Council MeetingMinutes RESOLUTION 10-01-317 DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 08-12 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 08-12,Castle AvenueImprovements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, T.A. Schifsky and Sons, Inc., has requested, by written notice, a reduction in contract retainage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA thatthe retainage within the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5% to 1%. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 10.Approve Purchase Of Street Sweeper Councilmember Nephewmoved toapprove entering into a contract with McQueen Equipment, Inc. under State Contract No. 441191, for the purchase of a 2010 Elgin Pelican Street Sweeper for the purchase price of $156,113.38 including sales tax and trade-in. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 11.Holloway Avenue And Stanich Highlands Area Street Improvements, City Project 09-13 Resolution Modifying Existing Construction Contract, Change Order No. 1 Councilmember Nephewmoved toapprove the Holloway Avenue and Stanich Highlands Area Street Improvements, City Project 09-13 resolution modifying existing construction contract, change order No. 1. RESOLUTION 10-01-318 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09-13, CHANGE ORDER NO.1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 09-13, Holloway Avenue and Stanich Highlands Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 09-13, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: January 11, 2010 18 City Council MeetingMinutes The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No.1 in the amount of $15,217.25. The revised contract amount is $1,980,174.55. Seconded by CouncilmemberJuenemannAyes –All The motion passed. 12.Authorization To Make Payment For Eden Systems Yearly Support Contract. Councilmember Nephewmoved toapprove authorizing the payment to Eden Systems for the yearly support contract in the amount of $54,203.25. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 13.Resolution Naming Authorized Signers On City Owned Bank Accounts Councilmember Nephewmoved toapprove the resolutions authorizing the Mayor, City Manager and Finance Director as signers on bank accounts. Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, 11th of January, 2010 Minnesota was duly called and held in the Council Chambers of said City of the at 6:30 P.M. The following members were present: All Councilmember Nephew moved adoption of the following resolution: RESOLUTION 10-01-319 CORPORATE BANKING RESOLUTION RESOLVED , that Alerus Financial, N.A. at any one or more of its offices or branches, be and is hereby designated as a depository for the funds of this Corporation, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of monies bearing the following appropriate number of signatures: Any three (3) of the following named officers or employees of the Corporation (“Agents”) listed below. Will Rossbach, Mayor of City of Maplewood James Antonen, City Manager of City of Maplewood Robert Mittet, Finance Director of City of Maplewood And that Alerus Financial, N.A. shall be and is authorizedto honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED , that Alerus Financial, N.A. is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation’s accounts with Alerus Financial, N.A. bearing the signatures of its Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual January 11, 2010 19 City Council MeetingMinutes obligation of such Agent or for deposit to the Agent’s personal account, and Alerus Financial, N.A. shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein, or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED , that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned bythis Corporation for deposit with Alerus Financial, N.A., or for collection or discount by Alerus Financial, N.A.; and to accept drafts and other items payable to Alerus Financial, N.A. FURTHER RESOLVED , that the above named agents are authorized and empowered to execute such other agreements, including, but not limited to, special depository agreements and arrangements regarding the manner, conditions, or purposes for which funds, checks, or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. The other agreements and other acts may not be contrary to the provisions contained in this resolution. FURTHER RESOLVED , that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been delivered to and received by Alerus Financial, N.A. at each location where an accountis maintained. Alerus Financial, N.A. shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 14.Resolution Authorizing Execution Of Agreement –Minnesota State Patrol Grant Programs Councilmember Nephewmoved toapprove the resolution authorizing execution of agreement for the Minnesota State Patrol Grant Programs. Resolution 10-01-320 Authorization in support of the Minnesota State Patrol Grant Programs Whereas, the State of Minnesota, through the Minnesota State Patrol, administers a variety of grant programs for law enforcement purposes; including Safe & Sober, Operation Night Cap, HEAT (Speed Enforcement), Motorcycle Task Force, and EUDL (Enforcing Underage Drinking Laws). Be it resolved that the Maplewood Police Department is authorized to enter into grant agreements and amendments as are necessary with the Minnesota State Patrol for a period of three years through 2012 per the request of the Minnesota State Patrol. January 11, 2010 20 City Council MeetingMinutes Be it further resolved that the Chief of Police of the Maplewood Police Department is hereby authorized to execute and sign such agreements and amendments as are necessary to implement the grant programs on behalf of the Maplewood Police Department. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota on January 11, 2010. SIGNED:WITNESSETH: __________________________________________________________________ (Signature)(Signature) _Mayor____________________________City Clerk______________________ (Title)(Title) __________________________________________________________________ Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. N.AWARD OF BIDS None. O.VISITOR PRESENTATIONS –PART II None. P.ADJOURNMENT Mayor Rossbachadjourned the meeting at 10:30p.m. January 11, 2010 21 City Council MeetingMinutes