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HomeMy WebLinkAbout03-08-2010 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,March 8, 2010 Council Chambers, City Hall Meeting No.06-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03p.m.byMayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent James Llanas, CouncilmemberPresent John Nephew, CouncilmemberPresent Julie Wasiluk, CouncilmemberPresent D.APPROVAL OF AGENDA Mayor Rossbach requested that agenda item F1 and F2 be moved ahead of Approval of Minutes. Councilmember Nephew added N1. Planning Commission Update. City Manager, James Antonen requested to removeG17. Approval of Holiday Differential Pay for Temporary Seasonal Community Center Employees from the agenda. Councilmember Juenemannmoved to approve the agenda as amended. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. Appointments and Presentations agenda items F1. and F2. wereheard before E. Approval of Minutes. E.APPROVAL OF MINUTES 1.Approval of February 22, 2010, City Council Workshop Minutes Councilmember Juenemannmoved to approve the February 22, 2010, City Council Workshop Minutes as submitted. Seconded by CouncilmemberNephew.Ayes -All The motion passed. March 8, 2010 1 City Council MeetingMinutes 2.Approval of February 22, 2010, City Council Minutes Councilmember Juenemann had a correction to the minutes on page 2, item F1. the date should 71 say September , 2009, not September 7, 2009. Mayor Rossbach said on page 4 the motion to approve the consent agenda should be reversed the motion was moved by Councilmember Nephew and seconded by Councilmember Juenemann. CouncilmemberNephewmoved to approve the February 22, 2010, City Council MeetingMinutes as amended. Seconded by CouncilmemberLlanas.Ayes -All The motion passed. F.APPOINTMENTS AND PRESENTATIONS(F1. and F2. were heard before agenda item E. Approval of Minutes) 1.Approval of Resolution of Support for a Purple Heart for Russell Anderson a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report. b.Elementary teacher, Ms. Sara Paulfrom Weaver Elementary introduced the students in her fifthgrade classand then the students sang a song. c.Mayor Rossbach read the resolution aloud for support for thePurple Heart for Russell Anderson. d.U.S. Senator, Chuck Wiger addressed the council and the audience. e.Nicole a member from U.S.Senator Al Franken’s office read a letter aloud and presented an American flag to Mr. Anderson. f.Russell Anderson addressed the council and the audience and thanked everyone for the presentation, resolution and award. Councilmember Nephewmoved to approve the resolution of support for a Purple Heart to World War II VeteranRussell Anderson. RESOLUTION 10-03-350 Supporting the Efforts to Award a Purple Heart to World War II Veteran Russell Anderson WHEREAS , Oakdale resident, Russell Anderson served two tours in World War II as an Infantryman for the Army and was honorably discharged; and WHEREAS , although wounded by enemy shrapnel during the battle on D-Day, June 6, 1944, and hospitalized for nine months, he did not receive a Purple Heart; and WHEREAS , the Purple Heart is awarded to members of the Armed Services who are wounded or killed in any action against an enemy of the United States or as a result of any act of any such enemy or opposing armed forces. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby supports efforts that would result in WWII Veteran Russell Anderson being awarded a Purple Heart resulting from being wounded during the battle of D-Day. Approved this 8th Day of March, 2010. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. March 8, 2010 2 City Council MeetingMinutes 2.Daffodil Presentation by the American Cancer Society a.Marlene Palkovich, Board memberof the Midwest Division of the American Cancer Society addressed the council and introducedthe subject of Daffodil Days. b.Betty Forberg, member of the National Office of the American Cancer Society to discuss details about Daffodil Daysand presented the council with daffodils. G.CONSENT AGENDA After discussion of some of the consent agenda items the consent agenda wasapproved. 1.CouncilmemberJuenemannmoved to approve items1-22 and item 17 was removed. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 1.Approval of Claims CouncilmemberJuenemannmoved Approval of Claims. ACCOUNTS PAYABLE: $524,275.75Checks # 80653thru #80690 Dated 02/16/10 thru 02/23/10 $ 118,063.61Disbursements via debits to checking account Dated 02/12/10 thru 02/18/10 $413,356.29Checks # 80691thru # 08734 Dated 02/23/10 thru 03/02/10 $ 434,648.93Disbursements via debits to checking account Dated 02/19/10 thru 02/26/10 __________________ $ 1,490,344.58Total Accounts Payable PAYROLL $507,254.31Payroll Checks and Direct Deposits dated 02/19/10 $ 2,229.75Payroll Deduction check #1008671thru #1008672 Dated 02/19/10 ___________________ $509,484.06Total Payroll GRAND TOTAL $ 1,999,828.64 Seconded by Councilmember Wasiluk.Ayes –All The motion passed. 2.Approval of Temporary Gambling Permit for Knights of Columbus Council 4145 March 8, 2010 3 City Council MeetingMinutes Councilmember Juenemannmoved toapprove the temporary gambling permit for Knights of Columbus Council 4145. RESOLUTION 10-03-359 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for the Knights of Columbus Council 4145, 3722 Centerville Road, Vadnais Heights to be used on Wednesday, May 5, 2010 at Gulden’s Restaurant, 2999 Maplewood Drive. 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 CouncilmemberWasiluk.Ayes –All The motion passed. 3.Consider Approval of 2010 Gas and Diesel Fuel Contracts Councilmember Juenemannmoved toratify the 2010 gas and diesel fuel contracts with Yocum Oil. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 4.Rice/36 Interchange Improvements, City Project 09-07 Resolution Approving Plans and Authorizing Advertising for Bids CouncilmemberJuenemannmoved toapprove the Rice/36 Interchange Improvements, City Project 09-07 Resolution Approving plans and authorizing advertising for bids. RESOLUTION 10-03-351 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on February 22nd, 2010, plans and specifications for Rice/36 Interchange Improvements, City Project 09-07, have been prepared by (or under the direction of) the County Engineer or its representative, who has presented such plans and specifications to the council for approval, 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 engineer. March 8, 2010 4 City Council MeetingMinutes 2.The city clerk authorizes Ramsey County toprepare 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 according to current standardsprior tothe date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by Ramsey County with date, time, and location. Only bids shall be considered ifsealed and filed with a certified check or bid bond according to Ramsey County’s set guidelines. 3.Ramsey County or its authorized agentare hereby authorized and instructed to receive, open, and read aloud bids received at the time and place to be determined, and to tabulate the bids received. The council will consider theaward of a contractby providing bid concurrenceat a regular city council after the bids are opened and tabulated by the County. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 5.Lift Station No. 8Upgrades, Authorization to Proceed, City Project 10-01 CouncilmemberJuenemannmoved toapprove the Lift station No. 8 upgrades, authorization to proceed, city project 10-01. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 6.Approval of Resolution Accepting Donations to the Fire Department In Memory of Theodora Lenzmeier Councilmember Juenemannmoved toapprove the resolution accepting donations of $390.00 to the fire department in memory of Theodora Lenzmeier and that necessary budget adjustments be made so the funds can be expended by the fire department as needed. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 7.Approval to Change Term Expiration Date of Je Moua -HRA CouncilmemberJuenemannmoved toapprove changing the term expiration date from January 25, 2011 to February 25, 2011 for Je Moua on the Housing and Redevelopment Authority. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 8.Approval of Conditional Use Permit/Planned Unit Development Review –CarMax/Mogren Retail Addition, Highway 61 and Beam Avenue Councilmember Juenemannmoved toapprove the CarMax conditional use permit and the Mogren Retail Addition planned unit development again in one year. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. March 8, 2010 5 City Council MeetingMinutes 9.Acceptance of Historical Preservation Commission 2009 Annual Report CouncilmemberJuenemannmoved toapprove the 2009 Historical Preservation Commission 2009 Annual Report Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 10.Acceptance of Historical Preservation Commission 2010 Goals CouncilmemberJuenemannmoved toapprove the Historical Preservation Commission 2010 goals. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 11.Approval of Goodrich Backstop Replacement CouncilmemberJuenemannmoved toapprove the Community Development and Parks Director to enter into a contract with Able Fence inc. for the replacement of the Goodrich Park Field #2 backstop inthe amount of $17,400. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 12.Approval of Resolution Supporting the Trout Brook Trail Master Plan Councilmember Juenemannmoved toapprove the resolution supporting the Trout Brook Trail Master Plan. RESOLUTION 10-03-352 APPROVING TROUT BROOK TRAIL MASTER PLAN Whereas, The City of Maplewood in its 2030 Comprehensive Master Plan recognizes the Trout Brook Trail as a significant regional and local trail connection; and Whereas, The Metropolitan Council’s 2030 Regional Parks Policy Plan, as adopted on June 9, 2005, identified the Trout Brook Trail as a regional trail addition to the Regional Park System and identified Ramsey County and the City of St. Paul as joint implementing agencies for the trail: and Whereas,In order to qualify for regional park capitol funding, Ramsey County, City of Maplewood, and the City of Saint Paul are required to prepare a joint Master Plan for the trail that addresses the specific elements prescribed by the Metropolitan Council’s Regional Park Policy Plan; and Whereas, Ramsey County, City of Maplewood, and the City of Saint Paul have prepared a joint Regional Trail Master Plan for the Trout Brook Trail that is consistent with the Ramsey County Parks and Recreation System Plan which has been approved by the Ramsey County Board of Commissioners, and the Maplewood Parks and Recreation Commission; and March 8, 2010 6 City Council MeetingMinutes Whereas, The Trout Brook Regional Trail Master Plan has been approved by the City of Saint Paul, Ramsey County Board of Commissioners, Ramsey County Parks Commission, and the Maplewood Parks and Recreation Commission; Now, Therefore, Be it Resolved, that the Maplewood City Council approves the Trout Brook Regional Trail Master Plan, dated October 2009, for submittal to the Metropolitan Council. Adopted this 8th day of March, 2010 ___________________________________________________________________ MayorCity Clerk Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 13.Approval of Community Design Review Board 2009 Annual Report CouncilmemberJuenemann moved toapprove the Community Design Review Board 2009 Annual Report. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 14.Approval of Resolution of appreciation for Fish Creek Natural Area Greenway commissioners CouncilmemberJuenemann moved toapprove the resolution of appreciation for fish creek natural area greenway commissioners. RESOLUTION 10-03-353 CITY OFMAPLEWOODMINNESOTA , RESOLUTION OF APPRECIATION FOR FISH CREEK NATURAL AREA GREENWAY AD-HOC COMMISSIONERS WHEREAS the following individuals were members of the Fish Creek Natural Area Greenway Ad-Hoc Commission: Cliff Aichinger Ron Cockriel John Moriarty Carolyn Peterson Ginny Yingling WHEREAS the commission served the city from July 10, 2009 to February 8, 2010; and WHEREAS commissioners researched options for protecting natural resources and opportunities for passive recreation in the Fish Creek Natural Area greenway; and WHEREAS commissioners developed recommendations and presented them to city council; and WHEREAS commissioners have freely given their time and energy, without compensation from the city, for the betterment of the City of Maplewood; and March 8, 2010 7 City Council MeetingMinutes WHEREAS commissioners have shown dedication to their duties and have contributed their time, knowledge, and thoughtfulness to benefit the City; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Fish Creek Natural Area Greenway Ad-Hoc Commissioners are hereby extended our gratitude and appreciation for their dedicated service. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on March 8, 2010. SIGNED: WITNESSED: _________________________________ __________________________________ (Signature) (Signature) Mayor ___________________________City Clerk___________________________ __________________________ (Date) ____________________________ (Date) Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 15.Approval of Resolution Accepting Donation to Maplewood Nature Center Councilmember Juenemannmoved toapprove the resolution accepting the donation of fur trade items worth $2,000to the Maplewood Nature Center. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 16.Approval of Delegation Agreement with Minnesota Department of Health Councilmember Juenemannmoved toapprove the delegation agreement with the Minnesota Department of Health for Environmental Health Services (food, beverage, lodging facilities and public swimming pools). Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 17.Approval of Holiday Differential Pay for Temporary Seasonal Community Center Employees This item was removed by City Manager, James Antonen during approval of the agenda. 18.Approval to Increase Annual Fireworks Permit for Businesses Selling Only Fireworks Councilmember Juenemannmoved toapprove the fee of $200.00 for temporary fireworks permit for businesses selling only fireworks. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. March 8, 2010 8 City Council MeetingMinutes 19.Approval to Increase the Fee for Annual Tobacco License CouncilmemberJuenemannmoved toapprove theannual$250.00 for cigarette and tobacco sales effective for the license period of May 1, 2010, through April 30, 2011, Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 20.Approval of Commission Rules and amendments to Commission Handbook CouncilmemberJuenemannmoved toapprove the commission handbook chapter 6 (Commission Policy Guidelines) to allow commissions and boards to appoint a chair and vice chair annually, rather than in December of each yearly and to adopt the following new and amended rules of procedures for the ENRC, PC, HRA, and CDRB. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 21.Approval of Yearly Replacement Purchase of Turnout Gear CouncilmemberJuenemannmoved toapprove the purchase of eight (8) sets of Globe turnout gear in the amount of $11,904.72 from Municipal Emergency Services, Inc. These funds are in the 2010 department budget. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 22.Approval of Reimbursement of Funds to the Assistance to Firefighters Grant Councilmember Juenemannmoved toapprove the increase of the 2010 EMS budget in the amount of $21,106 to cover the grant refund. These funds are still available in the EMS fund and will have no impact onthe general fund. And also authorize the refund payment of $21,106 to FEMA. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. H.PUBLIC HEARING None. I.UNFINISHED BUSINESS None. J.NEW BUSINESS 1.Approval of On-Sale Intoxicating Liquor License –Samantha L. Thao, Owner/Manager Downtown Lav 52 Km March 8, 2010 9 City Council MeetingMinutes a.City Clerk, Director Citizen Services, Karen Guilfoile gave the reportand answered questions of the council. b.Maplewood Police Chief, Dave Thomalla answered questions of the council. i.Samantha Thao, Owner/Manager of Downtown Lav 52 Km, 3030 Southlawn Drive, Maplewoodaddressed and answered questions of the council. CouncilmemberNephewmoved to approve the on-sale intoxicating liquor license for Samantha L. Thao for Downtown Lav 52 Km located at 3030 Southlawn Drive.Furthermore directing Maplewood Police Chief, Dave Thomalla to meet with the applicant on a monthly basis reporting any concerns back to the council and providing a six month status report to the council at the September 13, 2010, council meeting. Seconded by CouncilmemberWasiluk.Ayes –Mayor Rossbach, Councilmember’sLlanas, Nephew & Wasiluk Nay –Councilmember Juenemann The motion passed. 2.Approval of Resolution Providing for the Competitive Negotiated Sale of $11,790,000 General Obligation Improvement Bonds, Series 2010A and $4,125,000 General Obligation Refunding Bonds, Series 2010B a.Finance Director, Bob Mittet gave the reportand answered questions of the council. b.TerriHeaton, Springsted, Inc. addressed and answered questions of the council. CouncilmemberNephewmoved to approve the resolution providing for the competitive negotiated sale of $11,790,000 general obligation improvement bonds, series 2010A and $4,125,000 general obligation refunding bonds, series 2010B. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: March 8, 2010 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on March 8, 2010, at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $11,790,000 Taxable General Obligation Bonds, Series 2010A (Build America Bonds –Direct Pay). The following members were present: All and the following were absent: None Member Nephew introduced the following resolution and moved its adoption: March 8, 2010 10 City Council MeetingMinutes RESOLUTION 10-03-354 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $11,790,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2010A (BUILD AMERICA BONDS –DIRECT PAY) A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $11,790,000 Taxable General Obligation Bonds, Series 2010A (Build America Bonds –Direct Pay) (the "Bonds"), to finance infrastructure improvement projects in various areas of the City; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1.Authorization . The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2.Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3.Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4.Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of theCity upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Juenemann and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same:None Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the March 8, 2010 11 City Council MeetingMinutes minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's $11,790,000 Taxable General Obligation Bonds, Series 2010A (Build America Bonds –Direct Pay). WITNESS my hand on March 8, 2010. __________________________________ City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: March 8, 2010 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on March 8, 2010, at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $4,125,000 General Obligation Refunding Bonds, Series 2010B. The following members were present: All and the following were absent: None Member Nephew introduced the following resolution and moved its adoption: RESOLUTION 10-03-360 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $4,125,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B C. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $4,125,000 General Obligation Refunding Bonds, Series 2010B (the "Bonds"), to refund the (i) February 1, 2012 through February 1, 2015 maturities of the City’s General Obligation Tax Increment Refunding Bonds, Series 2002C, dated November 1, 2002; (ii) the February 1, 2012 through February 1, 2019 maturities of the City's General Obligation Improvement Bonds, Series 2003A, dated August 1, 2003; and (iii) the February 1, 2012 through February 1, 2019 maturities of the City's General Obligation Sewer Revenue Bonds, Series 2003B, dated August 1, 2003; and D. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1.Authorization . The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2.Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals March 8, 2010 12 City Council MeetingMinutes for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3.Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4.Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of theCity upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Juenemann and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof:All and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's $4,125,000 General Obligation Refunding Bonds, Series 2010B. WITNESS my hand on March 8, 2010. __________________________________ City Clerk Seconded by Councilmember Juenemann.Ayes–All The motion passed. 3.Approve Rezoning from M1 (Light Manufacturing) to R1 (Single Dwelling Residential) for 2255 Duluth Street a.Community Development and Park Director, DuWayne Konewkogave the report and answered questions of the council. b.Planning Commission member, Joe Boeser, gave the planning commission report. Councilmember Nephewmoved to approve the resolution rezoning 2255 Duluth Street from M1 (light manufacturing) to R1 (single dwelling residential). This rezoning is based on Minnesota March 8, 2010 13 City Council MeetingMinutes Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the newly adopted comprehensive land use plan classification. REZONING RESOLUTION 10-03-355 WHEREAS ,the City of Maplewood City Staffproposed a change to the city's zoning map from M1 (light manufacturing) to R1 (single dwelling residential); WHEREAS ,this zoning map change applies to property located at 2255 Duluth Street, identified as property identification number PID 09-29-22-43-0003; WHEREAS ,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to low density residential. WHEREAS ,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1.On February 16, 2010, theplanningcommission held a public hearingto consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak andpresent written statements prior to their recommendation. 2.On March 8, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council approved this resolution on March 8, 2010. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 4.Approve Rezoning from R1(Single Dwelling Residential and BC (Business Commercial) to MU (Mixed Use) for Land Northwest of Arcade Street and Larpenteur Avenue a.Community Development and Park Director, DuWayne Konewkogave the report and answered questions of the council. b.Planning Commission member, Joe Boeser, gave the planning commission report. Councilmember Nephewmoved to approve the resolution rezoning the property bounded by Larpenteur Avenue, Parkway Drive and Highway 61 (Arcade Street) from R1 (single dwelling residential) and BC (business commercial) to MU (mixed use). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the adopted comprehensive land use plan classification. REZONING RESOLUTION 10-03-356 WHEREAS ,the City of Maplewood City Staffproposed achange to the city's zoning map from R1 (single dwelling residential) and BC (business commercial) to MU (mixed use); March 8, 2010 14 City Council MeetingMinutes WHEREAS ,this zoning map change applies to property located between Larpenteur Avenue, Arcade Street (Highway 61) and Parkway Drive. The property identification numbers identifying the affected properties are: PIN 17-29-22-44-0013; PIN 17-29-22-44-0014; PIN 17-29-22-44-0015; PIN 17-29-22-44-0016; PIN 17-29-22-44-0017; PIN 17-29-22-44-0018; PIN 17-29-22-44-0019; PIN 17-29-22-44-0020;PIN 17-29-22-44-0021; PIN 17-29-22-44-0022; PIN 17-29-22-44-0023; WHEREAS ,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to MU. WHEREAS ,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1.On February 16, 2010, theplanning commission held a public hearingto consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2.OnMarch 8, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council approved this resolution on March 8, 2010. Seconded by Mayor Rossbach.Ayes –All The motion passed. 5.Consider a Resolution Supporting a Fiber Infrastructure Grant a.IT Director, Mychal Fowlds gave the report and answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. Councilmember Llanasmoved to approve the resolution pledging public support for American Fiber System’s application to the National Telecommunications and Information Administration for the construction of a Community Broadband network within the Twin Cities North East Metropolitan area to include the City of Maplewood and to authorize the City Manager to execute Letters of Support to agencies seeking support of additional grant opportunities. RESOLUTION 10-03-357 SUPPORTING BROADBAND TECHNOLOGY March 8, 2010 15 City Council MeetingMinutes OPPORTUNITY PROGRAM (BTOP) GRANT APPLICATIONS FOR THE DEVELOPMENT OF A COMPREHENSIVE COMMUNITY NETWORK TO BENEFIT PUBLIC INSTITUTIONS IN THE NORTH EAST TWIN CITIES METROPOLITAN AREA. WHEREAS, the National Telecommunications and Information Administration (NTIA) agency has grants available for the deployment of broadband infrastructure; and WHEREAS, the NTIA will award infrastructure grants focusing on middle mile broadband networks to benefit key community institutions including public safety; and WHEREAS, the NTIA encourages the development of public/private partnerships in the application for these grants; and WHEREAS, American Fiber Systems (AFS) seeks public support of their application to receive funding for deploying broadband infrastructure in the north east Twin Cities Metropolitan Area; and WHEREAS, AFS will dedicate a portion of the infrastructure as a Community Fiber Network to benefit public institutions within the AFS service area as presented in the letter of intent; and WHEREAS, additional applications for BTOP grants are being submitted by other agencies and private partners within the north east metropolitan area; and WHEREAS, supporting these efforts will encourage sustainable adoption of broadband service and to spur job creation and stimulate long-term economic growth and opportunity in the region. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Maplewood that: The Maplewood City Council adopts this resolution supporting the grant application by American Fiber Systems for the development of a comprehensive community network to benefit public institutions in the north east Twin Cities metropolitan area; and BE IT FURTHER Resolved that the Maplewood City Council authorizes the City Manager to collaborate with other public entities participating in this grant application and to provide letters of support to other communitiesand agencies in Minnesota who are developing applications for funding to the NTIA or to the Rural Unification Services (RUS) for broadband projects to address . unique needs of their communities Seconded by Councilmember Nephew.Ayes –All The motion passed. 6.Consider approval of 2010 Cost of Living Adjustment (COLA) for City Manager a.Labor Relations/HR Attorney, Chuck Bethel gave the report andanswered questions of the council. b.Finance Director, Robert Mittet answered questions of the council. c.City Manager, James Antonen answered questions of the council. City Manager, James Antonen stated he would be willing to defer the 2% Cost of Living Adjustment until there are better financial times ahead. No official motion was needed. defer Councilmember’sagreedto the 2% Cost of Living Adjustment for City Manager,Jim Antonen. March 8, 2010 16 City Council MeetingMinutes 7.Consider approval of 2011 Federal Appropriation Requests a.Community Development and Park Director, DuWayne Konewkogave the report and answered questions of the council. Councilmember Juenemanmoved to approve the submittal of three projects [Gerten Pond; East Metro Fire Training Facility –Phase II; and City Campus Energy Revisions] to the federal appropriations process and hereby authorizes Mayor Rossbach and City Manager Antonen to submit the final request with the following language “By submitting this request we support Congress’ authority to direct project specific funding decisions to federal departments and agencies, as well as instruct federal departments and agencies through report language of congressional intent on matters of funding and policy interpretation. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 8.Approval of Resolution Relocating Precinct 10 (Ramsey County Care Center) to Maplewood City Hall a.City Clerk, Citizen Services Director gave the report and answered questions of the council. Councilmember Juenemannmoved to approve the resolution defining Precinct 10 as located at MaplewoodCity hall in council chambers. RESOLUTION 10-03-358 DECLARING PRECINCT 10 LOCATION WHEREAS, the City of Maplewood is relocating Precinct 10 previously sited at the Ramsey County Care Center located at 2000 White Bear Avenue North. WHEREAS, Precinct 10 boundaries will not change but the location will be at Maplewood City Hall located at 1830 County Road B East, Maplewood, Minnesota, effective for the 2010 Election cycle. NOW, THEREFORE, BE IT RESOLVED that the City Council of Maplewood, Minnesota, does hereby declare that Maplewood Precinct 10 has the existing boundaries: Holloway to the North; North St. Paul Road to the West; Larpenteur to the South; McKnight to the East. THEREFORE, BE IT FURTHER RESOLVED that Precinct 10 is located in city hall council chambers located at 1830 County Road B East, Maplewood, Minnesota. Seconded by CouncilmemberNephew.Ayes –All The motion passed. K.VISITOR PRESENTATIONS March 8, 2010 17 City Council MeetingMinutes None. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS 1.Maplewood’s Extreme Green Makeover Campaign a.Community Development and Park Director, DuWayne Konewkogave the report and answered questions of the council. No action needed for this item. 2.Update on Fish Creek Conservation Development Concept a.Community Development & Park Director gave the report and answered questions of the council. b.City Manager, James Antonen answered questions of the council. Mayor Rossbach asked if anyone wanted to speak regarding this item. i.Mark Bradley, Maplewoodaddressed the council. This agenda item will return to the city council at the first meeting in April. N.COUNCIL PRESENTATIONS 1.Planning Commission Update a.Councilmember Nephewgave avery briefupdate on the Planning Commission. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at9:40p.m. March 8, 2010 18 City Council MeetingMinutes