Loading...
HomeMy WebLinkAbout07-22-2013 City Council Meeting Minutes July 22, 2013 Cit y Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, July 22, 2013 Council Chambers, City Hall Meeting No. 13-13 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03 p.m. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA N1. Wednesday, July 24th – First game at Tom Kelly Field, Edgerton N2. National Night Out N3. Historic Preservation Commission Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of July 8, 2013 City Council Workshop Minutes Change the adjournment time to 6:45 p.m. Councilmember Juenemann moved to approve the July 8, 2013 City Council Workshop Minutes as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of July 8, 2013 City Council Meeting Minutes Councilmember Cave moved to approve the July 8, 2013 City Council Meeting Minutes as submitted. Seconded by Councilmember Koppen Ayes – All July 22, 2013 Cit y Council Meeting Minutes 2 The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Promotion Ceremony for Officer Brian Bierdeman to Sergeant Acting Chief Kvam made introductions. City Clerk Guilfoile administered the Oath of Office to Sergeant Bierdeman. 2. Review of Legislative Session by Maplewood Representatives Fischer, Lillie and Ward and Senators Wiger and Kent Senator Wiger shared some highlights of the Legislative Session. Representatives Lillie, Ward and Fischer addressed the council and shared additional information on the Legislative Session. Senator Kent was unable to attend the meeting. G. CONSENT AGENDA Councilmember Juenemann moved to approve agenda items G1-G6. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 774,291.22 Checks # 90186 thru # 90241 dated 06/27/13 thru 07/02/13 $ 440,693.58 Disbursements via debits to checking account dated 06/24/13 thru 06/28/13 $ 2,388,181.56 Checks # 90242 thru #90280 dated 07/09/13 thru 07/15/13 $ 188,767.80 Disbursements via debits to checking account dated 07/01/13 thru 07/05/13 $ 214,335.23 Checks # 90281 thru # 90325 dated 07/11/13 thru 07/16/13 $ 602,930.58 Disbursements via debits to checking account dated 07/08/13 thru 07/12/13 $ 4,609,199.97 Total Accounts Payable July 22, 2013 Cit y Council Meeting Minutes 3 PAYROLL $ 588,035.45 Payroll Checks and Direct Deposits dated 07/05/13 $ 763.00 Payroll Deduction check # 9989424 thru # 9989425 dated 07/05/13 $ 588,798.45 Total Payroll $ 5,197,998.42 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Conditional Use Permit Review, All Metro Glass, 1357 Cope Avenue Councilmember Juenemann moved to review the Conditional Use Permit for All Metro Glass again in one year. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Conditional Use Permit Review, South Metro Human Services Mental Health Care Facility, 1111 Viking Drive Councilmember Juenemann moved to review the Conditional Use Permit for South Metro Human Services Mental Health Care Facility again in one year. Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Conditional Use Permit Review, St. Paul’s Priory Planned Unit Development, Benet Road and Monastery Way Councilmember Juenemann moved to review the Conditional Use Permit for St. Paul’s Priory Planned Unit Development again in one year. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of Grant Agreement Between the Ramsey Washington Metro Watershed District and the City of Maplewood, July 2011 Storm Response, City Project 11-19 Councilmember Juenemann moved to approve the Mayor and City Manager enter into an agreement with Ramsey Washington Metro Watershed District to receive cost-share grant funds for flood remediation work as part of the July 2011 Storm Response, City Project 11- 19. July 22, 2013 Cit y Council Meeting Minutes 4 Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval of Purchase of Office Furniture for Investigations Division, Police Department Expansion Project Phase 2 Councilmember Juenemann moved to approve the purchase of office furniture and installation from Commercial Furniture Systems for Phase 2 utilizing US Communities pricing not to exceed $39,500. Seconded by Councilmember Koppen Ayes – All The motion passed. H. PUBLIC HEARING 1. Public Hearing to Modify Development Program and Establish TIF District No. 1-12 for Research and Development Facility on 3M Campus a. Public Hearing Called for After 7:00 pm 1. Planning Commission and HEDC Recommendations b. Resolution Approving the Modification to the Development Program for Development District No. 1 and Establishing Tax Increment Financing District No. 1-12 and Approving a Tax Increment Financing Plan c. Resolution Approving Tax Increment Financing Development Agreement with 3M Companies d. Resolution Approving an Inter-fund Loan Agreement City Manager Ahl gave the staff report. Tom Denaway from Springsted, Incorporated addressed the council to provide an overview of the 3M Research and Development Facility TIF District No. 1-12. Planning Commissioner Trippler addressed the council and gave the report from the Planning Commission. Housing and Economic Development (HEDC) Commissioner Jenkins addressed the council and gave the report from the HEDC. Mayor Rossbach opened the public hearing. No one spoke. Mayor Rossbach closed the public hearing. Mary Ippel from Springsted addressed the council to give an overview of the resolution approving the Modification to the Development Program for Development District No. 1 and Establishing Tax Increment Financing District No. 1-12 and Approving a Tax Increment Financing Plan. Mayor Rossbach moved to approve the Resolution Approving the Modification to the Development Program for Development District No. 1 and Establishing Tax Increment Financing District No. 1-12 and approving a Tax Increment Financing Plan. RESOLUTION 13-7-943 July 22, 2013 Cit y Council Meeting Minutes 5 RESOLUTION APPROVING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-12 THEREIN AND APPROVING A TAX INCREMENT FINANCING PLAN THEREFOR WHEREAS: A. It has been proposed that the City of Maplewood, Minnesota (the "City") modify the Development Program for Development District No. 1 (the "Development District") and establish Tax Increment Financing District No. 1-12 ("TIF District No. 1-12") therein and approve and accept the proposed Tax Increment Financing Plan therefor all pursuant to and in accordance with Minnesota Laws, 2013, Chapter 143, Article 9, Section 21 (the "Special Law"), and Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive, as amended (the "Act"); and B. Under the Special Law the City has the authority to establish tax increment financing districts within the 3M Renovation and Retention Project Area consisting of Parcel 362922240002 (the "Project Area"); and C. The Development District and TIF District No. 1-12 are within the Project Area. D. It has been proposed by the 3M Company to construct a 400,000 square foot research and development facility within TIF District No. 1-12 (the "Project"); and E. The City Council has investigated the facts and has caused to be prepared a modification to the Development Program for the Development District (the "Development Program Modification"), and has caused to be prepared a proposed tax increment financing plan for TIF District No. 1-12 (the "TIF Plan"); and F. The City has performed all actions required by law to be performed prior to the approval of the Development Program Modification and TIF Plan, including, but not limited to, notification of Ramsey County and School District No. 622 having taxing jurisdiction over the property to be included in TIF District No. 1-12 and the holding of a public hearing upon published and mailed notice as required by law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as follows: 1. Development Program Modification. The Development Program Modification, for the Development District, a copy of which is on file in the office of the City Manager, is adopted as the development program for the Development District. 2. TIF Plan. The TIF Plan is adopted as the tax increment financing plan for TIF District No. 1-12, and the City Council makes the following findings: (a) As provided by the Special Law, the requirements for qualifying TIF District No. 1-12 as a redevelopment district as defined in Minnesota Statutes, Section 469.174, Subdivision 10, do not apply. (b) In addition, pursuant to Minnesota Statutes Section 469.176, Subdivision 4c(d), the City finds that the Project will retain jobs in the state and that the July 22, 2013 Cit y Council Meeting Minutes 6 construction of the Project would not have commenced without the tax increment financing assistance to be provided pursuant to the TIF Plan. (c) The proposed development in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future. The reasons supporting this finding are that: (i) Private investment will not finance these development activities due to the high cost of site improvements and infrastructure costs. The City, without tax increment assistance, would not have the resources to undertake the necessary site improvements. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Development District. (ii) A comparative analysis of estimated market values both with and without establishment of TIF District No. 1-12 and the use of tax increments has been performed as described above. Such analysis is found in Exhibit VI of the TIF Plan, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of TIF District No. 1-12 and the use of tax increments. (d) In the opinion of the City Council, the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of TIF District No. 1-12 permitted by the TIF Plan. The reasons supporting this finding are that: (i) The estimated amount by which the market value of the site will increase without the use of tax increment financing is $0, plus a small amount attributable to appreciation in land value; (ii) The estimated increase in the market value that will result from the development to be assisted with tax increment financing is $24,720,000; and (iii) The present value of the projected tax increments for the maximum duration of the district permitted by the tax increment financing plan is $11,794,711. (e) The TIF Plan for TIF District No. 1-12 conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: (i) TIF District No. 1-12 is properly zoned; and (ii) The Planning Commission of the City has determined that the proposed TIF Plan conforms to the general plan for the development and redevelopment of the City as a whole ; and July 22, 2013 Cit y Council Meeting Minutes 7 (iii) The TIF Plan will generally compliment and serve to implement policies adopted by the City. (f) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelopment of the Project Area by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. 3. Public Purpose. The adoption of the Development Program Modification and TIF Plan conform in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State which is already built up to provide employment opportunities and to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 4. Certification. The Auditor of Ramsey County is requested to certify the original net tax capacity of TIF District No. 1-12 as described in TIF Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Manager is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within TIF District No. 1-12 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 5. Filing. The City Manager is further authorized and directed to file a copy of the Development Program Modification and TIF Plan for TIF District No. 1-12 with the Commissioner of Revenue and the Office of the State Auditor. Seconded by Councilmember Juenemann Ayes – Mayor Rossbach, Council Members Cave, Koppen and Juenemann Councilmember Cardinal was not present when the vote was taken. The motion passed. Mary Ippel from Springsted gave an overview of the resolution approving Tax Increment Financing Development Agreement with 3M Companies. Mayor Rossbach moved to approve the Resolution Approving Tax Increment Financing Development Agreement with 3M Companies. RESOLUTION 13-7-944 RESOLUTION AUTHORIZING EXECUTION OF A TAX INCREMENT FINANCING DEVELOPMENT AGREEMENT A. WHEREAS, 3M Company (the "Developer") has requested the City of Maplewood, Minnesota (the "City") to assist with the financing of certain costs incurred in July 22, 2013 Cit y Council Meeting Minutes 8 connection with the construction of a 400,000 square foot research and development facility in the City by the Developer (the "Project"). B. WHEREAS, the Developer and the City have determined to enter into a Tax Increment Financing Development Agreement providing for the City's tax increment financing assistance for the Project (the "Development Agreement"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City Council hereby approves the Development Agreement in substantially the form submitted, and the Mayor and City Manager are hereby authorized and directed to execute the Development Agreement on behalf of the City. 2. The approval hereby given to the Development Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized by this resolution to execute the Development Agreement. The execution of the Development Agreement by the appropriate officer or officers of the City shall be conclusive evidence of the approval of the Development Agreement in accordance with the terms hereof. Seconded by Councilmember Koppen Ayes – Mayor Rossbach, Council Members Cave, Koppen and Juenemann Councilmember Cardinal was not present when the vote was taken. The motion passed. Mary Ippel from Springsted gave an overview of the Resolution Approving an Inter-fund Loan Agreement. Councilmember Juenemann moved to approve the Resolution Approving an Inter-fund Loan Agreement. RESOLUTION 13-7-945 RESOLUTION APPROVING THE TERMS OF UP TO A $4,918,342 INTERFUND LOAN IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1-12 BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood, Minnesota (the "City"), as follows: Section 1. Background. (a) The City proposes to establish a Tax Increment Financing District No. 1-12 (the "TIF District") within Development District No. 1, and proposes to adopt a tax increment financing plan for the TIF District (the "TIF Plan"). (b) The City has determined to pay for certain costs identified in the TIF Plan consisting of land/building acquisition, public utilities, site improvements/preparation, other July 22, 2013 Cit y Council Meeting Minutes 9 eligible improvements, and administrative costs (the "Qualified Costs") incurred in connection with the establishment of the TIF District and development/redevelopment of land within the TIF District, which costs will be financed on a temporary basis from City funds available for such purposes. (c) Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally made, in order to finance the Qualified Costs. (d) The City intends to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 2. Terms of Interfund Loan. (a) The City hereby authorizes the advance of up to $4,918,342 from the City's General Fund or so much thereof as may be paid as Qualified Costs. The City shall reimburse itself for such advances together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 4% and will not fluctuate. (b) Principal and interest on the Interfund Loan shall be paid semi-annually on each February 1 and August 1 (each a "Payment Date") commencing with the Payment Date on which the City has Available Tax Increment (defined below), or on any other dates determined by the City Manager, through the last receipt of tax increment from the TIF District. (c) Payments on the Interfund Loan are payable solely from "Available Tax Increments" which shall mean, on each Payment Date, all of the tax increment available after other obligations have been paid, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the City by Ramsey County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799. Payments on the Interfund Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. (d) The principal sum and all accrued interest payable under the Interfund Loan are pre-payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. (e) The Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision July 22, 2013 Cit y Council Meeting Minutes 10 thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. (f) The City may amend the terms of the Interfund Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. Adopted this 22nd day of July, 2013. Seconded by Councilmember Koppen Ayes – Mayor Rossbach, Council Members Cave, Koppen and Juenemann Councilmember Cardinal was not present when the vote was taken. The motion passed. 2. Public Hearing on Capital Improvement Plan for 2014-2018 and the Issuance of Capital Improvement Bonds a. Public Hearing b. Resolution Approving 2014-2018 Capital Improvement Plan and the Issuance of Capital Improvement Bonds (3 votes required) Finance Director Bauman gave the staff report. Environmental Natural Resource Commissioner/Planning Commissioner Trippler gave the reports from the ENRC and PC and answered questions of the council. Housing and Economic Development Commissioner Jenkins gave the report from the HEDC. Mayor Rossbach opened the public hearing. The following people spoke. 1. Paula Aherns, 1142 Lakewood Drive S. 2. Mel Grosz, 1169 Lakewood Drive S. Mayor Rossbach closed the public hearing. Councilmember Juenemann moved to approve the Resolution Approving the Capital Improvement Plan and the Issuance of Capital Improvement Bonds. Resolution 13-7-945A Resolution Giving Preliminary Approval to the Issuance of General Obligation Capital Improvement Plan Bonds in an Amount Not to Exceed $4,000,000 and Adopting the City of Maplewood, Minnesota, Capital Improvement Plan for the Years 2014 Through 2018 A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") proposes to issue its general obligation capital improvement plan bonds (the "Bonds") and July 22, 2013 Cit y Council Meeting Minutes 11 adopt the City of Maplewood, Minnesota, Capital Improvement Plan for the Years 2014 Through 2018 (the "Plan"); and B. WHEREAS, the City has caused notice of the public hearing on the intention to issue the Bonds and on the proposed adoption of the Plan to be published pursuant to and in accordance with Minnesota Statutes, Section 475.521; and C. WHEREAS, a public hearing on the intention to issue the Bonds and on the proposed Plan has been held on this date, following published notice of the public hearing as required by law; and D. WHEREAS, in approving the Plan, the City Council considered for each project and for the overall Plan: 1. The condition of the City's existing infrastructure, including the projected need for repair and replacement; 2. The likely demand for the improvement; 3. The estimated cost of the improvement; 4. The available public resources; 5. The level of overlapping debt in the City; 6. The relative benefits and costs of alternative uses of the funds; 7. Operating costs of the proposed improvements; and 8. Alternatives for providing services more efficiently through shared facilities with other local governmental units; and E. WHEREAS, the City Council has determined that the issuance of general obligation capital improvement plan bonds in the aggregate principal amount of up to $4,000,000 is the best way to finance the capital improvements identified in the Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, that the City hereby adopts the Plan and authorizes the issuance of up to $4,000,000 aggregate principal amount of general obligation capital improvement plan bonds. Seconded by Councilmember Koppen Ayes – All The motion passed. Mayor Rossbach called for a brief recess of the council meeting. Mayor Rossbach called the council meeting back to order. I. UNFINISHED BUSINESS 1. Authorization to Implement Capital Project to Construct Fire Station 1 on 3M Campus City Manager Ahl gave the staff report and answered questions of the council. City Attorney Kantrud answered additional questions of the council. Councilmember Juenemann moved authorization to implement the capital project as Fire Station Number One on the 3M Campus in the total amount of $4,250,000; approve the July 22, 2013 Cit y Council Meeting Minutes 12 engineering and architecture proposal with Kimley-Horn in the amount of $241,800; provide the City Manager authority to execute said proposal; and direct the Finance Director to transfer the necessary funds for this authorization into the project fund and make the necessary budget adjustments. Seconded by Councilmember Koppen Ayes – All The motion passed. J. NEW BUSINESS 1. Approval of Resolution for a Conditional Use Permit, Our City/Our Neighborhood Church at 1812 North St. Paul Road City Planner Martin gave the staff report and answered questions of the council. Samuel Ly, Pastor of Our City-Our Neighborhood Church addressed and answered questions of the council. Planning Commissioner Trippler addressed and gave the report from the Planning Commission. Mayor Rossbach moved to approve the resolution approving a Conditional Use Permit for Our City – Our Neighborhood Church, located at 1812 North Saint Paul Road including the 8 conditions listed with condition number five being reworded to clarify that the applicant’s parking be confined to the site and not allowed on city streets that prohibit on-street parking or neighboring properties, unless approved by a neighboring property owner and the city council. RESOLUTION 13-7-946 CONDITIONAL USE PERMIT WHEREAS, the Our City – Our Neighborhood Church applied for a conditional use permit to operate a church. WHEREAS, Section 44-1092(3) of the city ordinances requires a conditional use permit for churches and institutions of any educational, philanthropic and charitable nature. WHEREAS, this permit applies to the property located at 1616 Gervais Avenue. The property identification number is: 14-29-22-33-0012 WHEREAS, the history of this conditional use permit is as follows: 1. On July 16, 2013, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On July 22, 2013, the city council considered reports and recommendations of the city staff and planning commission. July 22, 2013 Cit y Council Meeting Minutes 13 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions: 1. No exterior site or building exterior changes, except signage, shall take place unless approved by the city. Signs shall follow the city’s sign ordinance. Signs shall not be installed unless the applicant first obtains sign permits. 2. Any and all trash receptacles shall be contained within an enclosed structure. Any design of a new structure shall be subject to the city’s design review process. 3. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. The city council shall review this permit in one year. 5. All of the applicant’s parking shall be confined to the site and not allowed on city streets that prohibit on-street parking or neighboring properties, unless approved by a neighboring property owner and the city council. 6. The city shall monitor any parking complaints and report to the city council about compliance annually during the CUP review. 7. The applicant shall submit a parking restriping plan for staff approval. 8. The applicant shall comply with all requirements of the building official, assistant fire chief July 22, 2013 Cit y Council Meeting Minutes 14 and city engineer. The Maplewood City Council approved this resolution on July 22, 2013. Seconded by Councilmember Cave Ayes – All The motion passed. 2. Approval of Resolution for a Conditional Use Permit and Design Review, Maplewood Auto Mall, a Used Auto Sales Business at 2529 White Bear Avenue City Planner Martin gave the staff report and answered questions of the council. James Kuria, Quentin Minkin and JaWahn Cockfield from Alpha One Motors were present and addressed the council to give additional information regarding parking concerns. Shawn and Mila Cooper applicants for Maplewood Auto Mall addressed the council to give additional information. Planning Commissioner Trippler addressed the council to give the PC report. Mayor Rossbach moved to table until the owner of the property presents the council with an adequate parking plan for the current tenants. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Request of the City Council to Call a Special Meeting to Canvass the Results of the August 13, 2013 Municipal Primary Election City Clerk Guilfoile gave the staff report. Councilmember Juenemann moved to approve a Special Meeting to canvass the results of the Municipal Primary Election on Friday, August 16, 2013 at 10:00 a.m. Seconded by Councilmember Koppen Ayes – All The motion passed. K. AWARD OF BIDS 1. East Metro Public Safety Training Center, City Project 09-09, Bid Package 5 a. Approval of Resolution Receiving Bids and Rejecting All Bids for Burn Building and Burn Tower b. Approval of Resolution Authorizing Re-Advertisement for Bids City Engineer/Public Works Director Thompson gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Resolutions for the East Metro Public Safety Training Center, City Project 09-09, Receiving Bids and Rejecting All Bids and Authorizing Re-Advertisement for Bid Package 5. July 22, 2013 Cit y Council Meeting Minutes 15 RESOLUTION 13-7-947 RECEIVING BIDS AND REJECTING ALL BIDS FOR BURN TOWER AND BURN BUILDING BID PACKAGE 5 WHEREAS, that the bids were opened on July 2, 2013 for the construction of a burn tower and burn building for the East Metro Safety Training Facility, Bid Package 5, Project 09-09, and those bids are as follows: Bidder Total Bid Rochon $2,200,000 LS Black Constructors $2,280,000 Shaw-Lundquist Associates $2,341,000 Weber, Inc. $2,800,000 WHEREAS the bids came in significantly higher than anticipated ($700,000 higher), and WHEREAS, the City does not have a sufficient funding to award a bid to the low bidder, and WHEREAS, the City has the authority to reject all bids, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that all bids opened on July 2, 2013 for the construction of a burn tower and burn building for the East Metro Safety Training Facility, Bid Package 5, Project 09-09, are hereby rejected. Adopted by the council on this 22nd day of July, 2013. RESOLUTION 13-7-948 AUTHORIZING RE-ADVERTISEMENT FOR BIDS BID PACKAGE 5 WHEREAS, pursuant to resolution passed by the city council on May 14, 2012 plans and June 25, 2012, plans and specifications for the East Metro Public Safety Training Center Improvements, City Project 09-09, were prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval. WHEREAS, the City Council rejected all bids on July 22, 2013 for Bid Package 5 bids opened on July 2, 2013. WHEREAS, the plans have been revised to in order to allow re-bidding of said project to reduce costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: July 22, 2013 Cit y Council Meeting Minutes 16 1. Such preliminary plans for revised Bid Packages 5 a copy of which are available upon request, are hereby approved and ordered placed on file in the office of the city engineer. 2. The city clerk or office of the city engineer shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such preliminary. The advertisement shall be published at least twice, and in conformance with State Statutes prior to the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on a date to be determined, at city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at a regular city council meeting. Adopted by the City Council on this 22nd day of July, 2013. Seconded by Councilmember Koppen Ayes – All The motion passed. L. VISITOR PRESENTATION None. M. ADMINISTRATIVE PRESENTATIONS 1. Notice of Cancellation of the September 2, 2013 Council Manager Workshop City Clerk Guilfoile gave the staff report. Councilmember Juenemann moved to approve to cancel the September 2, 2013 Council Manager Workshop. Seconded by Councilmember Cave Ayes – All The motion passed. 2. Council Calendar Update: a. Police Department Open House – July 27th b. National Night Out – August 6th City Manager Ahl gave the staff report. Acting Police Chief Kvam gave the specifics of the Police Department Open House to be held on July 27 from 4:00 p.m. to 6:00 p.m.; and National Night Out on August 6th from 5:00 p.m. to 9:00 p.m. N. COUNCIL PRESENTATIONS July 22, 2013 Cit y Council Meeting Minutes 17 1. Tom Kelly Field Councilmember Cardinal informed residents the first game at Tom Kelly Field-Edgerton #10 will be held on Wednesday, July 24th at 6:00 p.m. The parks committee meeting will be held at Fire Station 2 immediately following the ball game. 2. National Night Out Councilmember Juenemann encouraged residents to participate in National Night Out that will be held on Tuesday, August 6th from 5:00 p.m. to 9:00 p.m. Historic Preservation Commission Councilmember Koppen gave a report that Ginny Gaynor, staff liaison to the Historic Preservation Commission used one of the city vans to give the HPC a tour of the City. He suggested to the City Manager that this be offered to other commissions. O. ADJOURNMENT Mayor Rossbach adjourned the meeting at 10:06 p.m.