HomeMy WebLinkAbout2017 11-13 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, November 13, 2017
City Hall, Council Chambers
Meeting No. 21-17
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at7:01 p.m. by Mayor Slawik.
Mayor Slawik reported on the Rice Street/Larpenteur AvenueArea Project.
Councilmember Juenemann and DuWayne Konewko gave additional information about
the project.
B.PLEDGE OF ALLEGIANCE
Chelsie Anna Roberts, student at North High School led the council in the pledge of
allegiance.
C.ROLL CALL
Nora Slawik, MayorPresent
Marylee Abrams, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Bryan Smith, CouncilmemberPresent
Tou Xiong, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added to the agenda under F2 Council Presentations:
Minnesota Public RadioCommunity Sing
Roseville Bond
Trash Can Placement
CouncilmemberJuenemann moved to approve the agenda as amended.
Seconded by CouncilmemberXiongAyes–All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of the October 23, 2017 City Council Workshop Minutes
CouncilmemberAbrams moved to approve the October 23, 2017City Council Workshop
Minutesas submitted.
Seconded by CouncilmemberJuenemannAyes–All
The motion passed.
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2.Approval of the October 23, 2017 City Council Meeting Minutes
CouncilmemberJuenemannmoved to approve the October 23, 2017City Council
Meeting Minutesas submitted.
Seconded by CouncilmemberAbramsAyes–All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Administrative Presentations
a.Council Calendar Update
City Manager Coleman gave the update to the council calendarand other council topics
of concern or interest.
Council agreed by consensus to cancel the December 25, 2017 City Council Meeting.
2.Council Presentations
Minnesota Public Radio Community Sing
Councilmember Smith reported on Community Sing Events that Minnesota Public Radio
has been holding over the past several years and the potential of doing one as part of
th
the 4of July celebration.
Roseville Bond
Councilmember Juenemann reported that Roseville Area School District passed the
bond referendum with75% approval rating.
Trash Can Placement
Councilmember Juenemann reminded residents to place trash cans on the curb not in the
street; especially this winter as snow plows come through clearing streets.
3.Presentation by Carver School Principal Gena Abrahamson
Councilmember Smith introduced Dr. Abrahamson. Gena Abrahamson, Carver School
principal gave the presentation on the award Carver Elementary School received from
Minnesota Business Partnership. Pam Phillippi, Mary Gamache, Lisa Imsdahl gave
additional information on the award.
4.Presentation by Silver Lake Improvement Association
Rick Gelbmann, President with Silver Lake Improvement Association,gave a
presentation on the issues and treatment of Silver Lake located in North St. Paul,
Maplewoodand Oakdale.
G.CONSENT AGENDA
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Councilmember Juenemann requested agenda items G3 and G10 be highlighted.
CouncilmemberJuenemann moved to approve agendaitem G1-11.
Seconded by CouncilmemberAbramsAyes–All
The motion passed.
1.Approval of Claims
CouncilmemberJuenemannmoved toapprove the Approval of Claims.
ACCOUNTS PAYABLE:
$ 139,144.61 Checks #100519 thru #100549
dated 10/24/17
$ 489,866.99 Disbursements via debits to checking account
dated 10/16/17 thru 10/20/17
$ 1,327,210.94 Checks # 100550 thru # 100601
dated 10/31/17
$ 383,839.10 Disbursements via debits to checking account
dated 10/23/17 thru 10/27/17
$ 304,727.18 Checks #100602 thru # 100635
dated 11/07/17
$ 295,792.72 Disbursements via debits to checking account
dated 10/30/17 thru 11/03/17
$ 2,940,581.54 Total Accounts Payable
PAYROLL:
$ 527,617.87 Payroll Checks and Direct Deposits dated 10/20/17
$ 1,769.83 Payroll Deduction check # 99102900 thru # 99102903 dated 10/20/17
$ 538,478.53 Payroll Checks and Direct Deposits dated 11/03/17
$ 1,187.68 Payroll Deduction check # 99102922 thru # 99102924dated 11/03/17
$ 1,069,053.91 Total Payroll
$ 4,009,635.45 GRAND TOTAL
Seconded by CouncilmemberAbramsAyes–All
The motion passed.
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2.Approval to Purchase Additional Trash Carts for the Maplewood Trash Plan
CouncilmemberJuenemann moved to approve entering into a Purchase Agreement with
Otto Environmental Systems N.A. Inc. for the purchase of 550 additional trash carts in
the amount of $24,470.30 to be used in the Maplewood Trash Program.
Seconded by Councilmember AbramsAyes–All
The motion passed.
3.Approval of a Resolution Authorizing the Submittal of a Clean Energy
Resource Team Seed Grant Application
Councilmember Juenemann moved to approvetheResolution Authorizing the Submittal
of a Clean Energy Resource Team Seed Grant Applicationin the amount of $10,000.
Resolution 17-11-1505
Resolution Authorizing the Submittal of a
Clean Energy Resource Team Seed Grant Application
WHEREAS, in 2016-2017 Maplewood participated in Xcel Energy’s Partners in
Energy program. The City adopted the Energize Maplewood!Energy Action Plan which
focused on two areas of energy outreach: 1) Direct energy programs and coaching for
local businesses; and 2) City-wide education and outreach campaigns to motivate local
residents to reduce their energy impacts.
WHEREAS, in 2017 the Environmental and Natural Resources Commission
reviewed and have recommended energy goals for the City’s comprehensive plan.
Energy goals include reducing greenhouse gas emissions to 20 percent of the City’s
2015 baseline levels by 2050 and encouraging and supporting renewable energy.
WHEREAS, Re-Energize Maplewood!will include a partnership with Pale Blue
Dot LLC, Center for Energy and Environment (CEE), and the Minnesota Chamber of
Commerce –Energy Smart Program.
WHEREAS, Re-Energize Maplewood! is the first step towards Maplewood’s
Comprehensive Plan renewable energy goals and builds on the City’s Energize
Maplewood!energy action plan.
WHEREAS, Maplewood has submitted a Clean Energy Resource Team Seed
grant application to help fund the Re-Energize Maplewood!program.
BE IT RESOLVED THAT the City of Maplewood hereby agrees to the submittal
of a grant with the Clean Energy Resource Teams for up to $10,000 in seed grant funds.
Funds will be used to pay the consulting firm Pale Blue DOT for research and design on
the feasibility of solar for low income homes, commercial, and two manufactured home
communities.
Seconded by Councilmember AbramsAyes–All
The motion passed.
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4.Approval Authorizing Purchase of Building Construction Services for
Improvements to Police Exercise Area
Councilmember Juenemann moved to approve the City Manager to enter into a contract
for the purchase of building construction services for improvements to the police
exercise area with RJ Marco Construction, Inc. in the amount of $27,621.00; and
authorize the Finance Director to make the necessary budget adjustments for the
improvements to the police exercise area.
Seconded by CouncilmemberAbramsAyes–All
The motion passed.
5.Approval of Resolution to Certify Special Assessments for Unpaid Accounts
CouncilmemberJuenemann moved to approve the resolution certifying delinquent
accounts to Ramsey County for collection on property taxes; special assessment
charges for accounts in which payments are received between the date of the resolution
and the date of certification will be removed from the certification.
Resolution 17-11-1506
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the
Auditor of RamseyCounty the following delinquent accounts, totaling $50,990.25, for
collection with the customers property taxes payable in 2018, including interest at the
rate of ten percent (10%) on the total amount for one year.
Delinquent ambulance bills $2,728.34
Delinquent trash collection bills $42,702.09
Delinquent miscellaneous bills $5,559.82
Seconded by Councilmember AbramsAyes–All
The motion passed.
6.Approval of Public Health and Environmental Health Mutual Aid Agreement
Councilmember Juenemann moved to approve to enter into the Public Health and
Environmental Health Mutual Aid Agreement.
Seconded by Councilmember AbramsAyes–All
The motion passed.
7.Approval to Amend Adoption Agreements and Plan Documents for
MidAmerica Administrative & Retirement Solutions Health Reimbursement
Arrangements (HRA) for Active/Former Employees and Retirees
Councilmember Juenemann moved to approve the amended adoption agreements and
plan documents for MidAmerica Administrative & Retirement Solutions Health
Reimbursement Arrangements for 1) active/former employees; and 2) retirees.
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Seconded by Councilmember AbramsAyes–All
The motion passed.
8.Approval to Enter into Contract for Purchase of Gas and Diesel Fuel with the
State of Minnesota Fixed Price Fuel Programfor 2018
Councilmember Juenemann moved to approve theCity Manager enter into a contract for
the purchase of gasoline and diesel fuel through the State of Minnesota Fixed Price Fuel
stst
Program for the period February 1, 2018 through January 31, 2019.
Seconded by Councilmember AbramsAyes–All
The motion passed.
9.Approval of Purchase of Single Axle Plow Truck, Public Works Department
CouncilmemberJuenemann moved to approve the purchase of the single axle plow
truck and direct the Mayor and City Manager to enter into a contract with Nuss Truck &
Equipment for the purchase under MN State Contract #124649 in an amount of
$109,365.00 and a contract with Towmaster Truck Equipment under MN State Contract
#126502 in an amount of $113,206.00.
Seconded by Councilmember AbramsAyes–All
The motion passed.
10.Approval of Resolution Adopting 2018 Assessment Rates, Public Works
Permit Fees and Park Availability Charges
CouncilmemberJuenemannmoved to approve theResolution for Adoption of the 2018
Assessment Rates, Public Works Permit Fees, and Park Availability Charges.
Resolution 17-11-1507
Adoption of the 2018 Assessment Rates,
Public Works Permit Fees,and Park Availability Charges
WHEREAS, the City of Maplewood has established assessment rates, permit
fees, and park availability charges, and
WHEREAS, city staff has reviewed the assessment rates, permit fees, and park
availability charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that:
1.The proposed maximum assessment and improvement rates hereby attached
shall become effective beginning January 1,2018. Furthermore the special
assessment rates shall be officially established through a benefit appraisal
analysis.
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2.The public works fees are approved for all related permit applications
received on or after January 1, 2018.
3.The park availability charge shall be effective beginning January 1,
2018.
4.The rates attached will be reviewed by staff on an annual basis with
recommendations for revision brought to the City Council for consideration.
Seconded by Councilmember AbramsAyes–All
The motion passed.
11.Approval of Purchase of Asphalt Hot Box, Public Works Department
Councilmember Juenemann moved to approve the purchase of the asphalt hot box and
direct the Mayor and City Manager to enter into a contract with Stepp Manufacturing Co.,
Inc. for this purchase under MN State Contract #116255 in an amount of $39,603.00.
Seconded by Councilmember AbramsAyes–All
The motion passed.
H.PUBLIC HEARINGS
1.Ecumen Expenditure of Bond Financed Project Sale Proceeds
a.Public Hearing 7:00 p.m.
b.Consider Resolution Consenting to and Approving the Expenditure of
Sale Proceeds for Projects in Maplewood
City Manager Coleman gave the staff report.
Mayor Slawik opened the public hearing. The following people spoke:
Craig Barness, Ecumen Regional Director
Mayor Slawik closed the public hearing.
Councilmember Juenemann moved to approve the resolution consenting to and
approving the expenditure of sale proceeds for projects in Maplewood.
Resolution 17-11-1508
Consenting to and Approving the Expenditure of
Sale Proceeds for Projects in Maplewood
WHEREAS, CDL Homes, LLC, a Minnesota limited liability company whose sole
member is Ecumen, a Minnesota nonprofit corporation and an organization described in
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”),
plans to sell portions of its skilled nursing and assisted living campus in Chisago City,
Minnesota, that has been financed in part by tax-exempt bonds. Proceeds of the sale in
the amount of approximately $750,000 (the “Sale Proceeds”) are planned to be
expended to make capital improvements to the Projects defined below, principally
consisting of the enhancement of interior and exterior features of the Projects and
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replacing critical infrastructure; and
WHEREAS, the projects are the approximately 98-unit housing with services
facility located at 1200 Lakewood Drive N. in the City of Maplewood (the “City”) known
as Ecumen Lakeview Commons, and the approximately 151-unit housing with services
facility located at 1670 Legacy Parkway E. in the City known as Ecumen Seasons at
Maplewood (collectively, the “Projects”). Ecumen Lakeview Commons is owned by
Lakeview Commons Senior Living, LLC, a Minnesota limited liability company whose
sole member is Ecumen, and Ecumen Seasons at Maplewood is owned by Regent at
Maplewood, LLC, a Minnesota limited liability company whose sole member is Ecumen;
and
WHEREAS, because the Sale Proceeds are being expended in the City with
respect to the Projects, it is necessary under federal tax law rules for the City to hold a
public hearing and approve such expenditure; and
WHEREAS, a notice of public hearing was published at least fourteen (14) days
before the regularly scheduled meeting of the Maplewood City Council in a newspaper
circulating generally in the City, with respect to the required public hearing under Section
147(f) of the Code; and
WHEREAS, on the date hereof, the City Council conducted a duly noticed public
hearing on the expenditure of the Sale Proceeds for the Projects; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of theCity of
Maplewood:
That the City Council hereby consents to the expenditure of the Sale Proceeds
with respect to the Projects as described above.
That Ecumen will pay and upon demand, reimburse the City for payment of, any
and all costs incurred by the City in connection with this resolution.
That this resolution shall take effect and be in force from and after its approval.
Seconded by Councilmember AbramsAyes–All
The motion passed.
I.UNFINISHED BUSINESS
None
J.NEW BUSINESS
1.Consider Approval of Resolution Defining Precinct Boundaries and Polling
Locations
City Manager Coleman introduced the staff report. Deputy Clerk Schmidt gave the staff
report and answered questions of the council.
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CouncilmemberAbrams moved to approvethe Resolution Changing Precinct
Boundaries and Designating Polling Places for the 2018 State Primary and State
General Elections.
Resolution 17-11-1509
City of Maplewood
Ramsey County, Minnesota
Resolution Changing Precinct Boundaries and Designating Polling Places
For the 2018 State Primary and State General Elections
WHEREAS, Minnesota Statutes 204B.16, subd 1 requires the City Council, by
ordinance or resolution, to designate polling places for the upcoming year; and
WHEREAS, changes to the polling places locations may be made at least 90
days before the next election if one or more of the authorized polling places becomes
unavailable for use; and
WHEREAS, changes to the polling place locations may be made in the case of
an emergency when it is necessary to ensure a safe and secure location for voting; and
WHEREAS, Minnesota Statutes 204B.14, subd 4 authorizes the City Council to
change precinct boundaries no later than December 1 in the year prior to the year of the
state general election; and
WHEREAS, the city clerk has determined that the total number of precincts in the
city should be reduced to improve the efficiency and effectiveness of election
administration; and
WHEREAS, the state primary is August 14, 2018 and the state general election
is November 6, 2018.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Maplewood hereby designates the following polling places for elections conducted in the
city in 2018:
Precinct 1St. Paul Hmong Alliance Church
1770 McMenemy Street
Precinct 2Edgerton Elementary School
1929 Edgerton Street
Precinct 3Gladstone Fire Station
1955 Clarence Street
Precinct 4Gladstone Community Center
1945 Manton Street
Precinct 5Maplewood Community Center/YMCA
2100 White Bear Avenue N.
Precinct 6Redeeming Love Church
2425 White Bear Avenue N.
Precinct 7First Evangelical Free Church
2696 Hazelwood Street
Precinct 8Ramsey County Library
3025 Southlawn Drive
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Precinct 9Maplewood Middle School
2410 Holloway Avenue E.
Precinct 10Beaver Lake Education Center
1060 Sterling Street N.
Precinct 11Gethsemane Lutheran Church
2140 Stillwater Road E.
Precinct 12Carver Elementary School
2680 Upper Afton Road E.
Precinct 13Lutheran Church of Peace
47 Century Avenue S.
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to
designate a replacement meeting the requirements of the Minnesota Election Law for
any polling place designated in this Resolution that becomes unavailable for use by the
City;
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to
designate an emergency replacement polling place meeting the requirements of the
Minnesota Election Law for any polling place designated in this Resolution when
necessary to ensure a safe and secure location for voting;
AND BE IT FURTHER RESOLVED, that the territory comprising precincts 1, 2
and 3 be consolidated into two precincts having the following boundaries:
Precinct 1Rice Street to the West; County Road B to the North;
McMenemy Street to the East; RoselawnAvenue to
the North; Maplewood Drive East; Larpenteur Ave to
the South
Precinct 2McMenemy Street to the West; Highway 36 to the
North; Maplewood Drive to the East; Roselawn Avenue
to the South
AND BE IT FURTHER RESOLVED, that the territory comprising precincts 4, 5,
and 9 be consolidated into two precincts having the following boundaries:
Precinct 3Maplewood Drive to the West; County Road B to the
North; Hazelwood Street to the East; Gateway Trail to
the South; Barclay Street to the East; Frost Avenue to
the South; Birmingham Street to the East; Larpenteur
Avenue to the South
Precinct 5Maplewood Drive to the West; Highway 36 to the North;
Ariel Street to the East; Gateway Trail to the South;
Hazelwood Street to the West; County Road B to the
South
ANDBE IT FURTHER RESOLVED, that the city clerk is directed to change the
precinct numbers so that the precincts are numbered consecutively from 1 to 13;
AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy
of this resolution and any subsequent polling place designations to the Ramsey County
Elections Office;
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AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy
of the new precinct boundary map to the Ramsey County Elections Office and to the
secretary of state;
AND BE IT FURTHER RESOLVED, that the city clerk is directed to post a notice
of the precinct boundary changes in the clerk’s office.
Seconded by CouncilmemberSmithAyes–All
The motion passed.
2.Consider Modification to the City of Maplewood’s StrategicPlan Initiatives
Assistant City Manager Funk introduced the staff report. Administrative Services &
Performance Measurement Coordinator Knutson gave the staff report. Assistant City
Manager Funk concluded the presentation with the timeline.
Council agreed by consensus to split Communications and Community Inclusiveness
into two separate strategic initiatives.
3.Consider Approval of a Building Expansion for HaF Equipment, 1255 Cope
Avenue East
a.Conditional Use Permit Resolution
b.Design Review
Economic Development Coordinator Martin gave the staff report. Matt Hoefler with HaF
Architectsaddressed the council to give additional information on the building
expansion.
Councilmember Smith moved to approve the conditional use permit resolution. This
conditional use permit allows a 2,500 square foot building expansion within the M-1 (light
manufacturing) zoning district that is within 350 feet of a residential zoning district for the
property located at 1255 Cope Avenue East. This approval shall be subject to the
following conditions:
1.All construction shall follow the project plans as approved by the city. The director of
environmental and economic development may approve minor changes.
2.The proposed construction must be substantially started within one year of council
approval or the permit shall end. The council may extend this deadline for one year.
3.The city council shall review this permit in one year.
Resolution 17-11-1510
Conditional Use Permit
WHEREAS, HaFEquipment has applied for a conditional use permit to expand
the existing building at 1255 Cope Avenue East.
WHEREAS, conditional use permits are required for commercial buildings in the
light manufacturing (M1) zoning district that are within 350 feet of properties that have
been guided and zoned as residential.
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WHEREAS, this permit applies to the 1.43 acre site at 1255 Cope Avenue East.
The legal description and property identification number are:
Subject To Road & Except South 200 Feet; The East 260 Feet Of Block 14 Also;
Except West 400 Feet & Except East 30 Feet; Part Lying Southerly Of Highway
36 Of Block 17
09-29-22-41-0008
WHEREAS, the history of this conditional use permit is as follows:
1.On October 17, 2017, the planning commission held a public hearing.
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. The planning commission recommended that the city
council approvethe conditional use permit
2.On November 13, 2017, the city council discussed the conditional use
permit. They considered reports and recommendations from the planning
commission and city staff.
NOW, THEREFORE, BE ITRESOLVED that the city council approvedthe 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
Code of Ordinances.
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.
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9.The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
4.All construction shall follow the project plans as approved by the city. The
director of environmental and economic development may approve minor
changes.
5.The proposed construction must be substantially started within one year of
council approval or the permit shall end. The council may extend this
deadline for one year.
6.The city council shall reviewthis permit in one year.
Seconded by Councilmember JuenemannAyes–Mayor Slawik, Council
Members Juenemann and
Smith
Unavailable for the vote–Council Members Abrams
and Xiong
The motion passed
Councilmember Smith moved to approvethe plans date-stamped September 25, 2017,
for HaF Equipment’s proposed building expansion. Approval is subject to the developer
complying with the following conditions:
1.This approval is good for two years. After two years, the design-reviewprocess shall
be repeated if the developer has not begun construction.
2.All requirements of the firemarshal and building official must be met.
3.The applicants shall comply with all requirements of the MaplewoodEngineering
Report from Jon Jarosch dated October 3, 2017.
4.All work shall follow the approved plans. The director of environmental andeconomic
development may approve minor changes.
5.Windows to match existing building windows for color and the parapet top to match
the existing building to tie units together.
Seconded by Councilmember JuenemannAyes–All
The motion passed.
4.Consider Approval of Kline Nissan Car Wash Addition, 3090 Maplewood
Drive North
a.Conditional Use Permit Resolution
b.Design Review
Economic Development Coordinator Martin gave the staff report. Jeremy Thomas with
RJ Ryan gave additional information about the project.
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Councilmember Smith moved to approvethe conditional use permit resolution for a car
wash and two detail bays at 3090 Maplewood Drive. Approval is subject to the following
conditions;
1.All construction shall follow the site plan approved by the city. The director of
community development may approve minor changes.
2.The proposed construction 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.
3.The applicant shall not load or unload vehicles on public right-of-way.
4.Cars can only be parked on designated paved surfaces.
5.All repair, assembly, disassembly and maintenance shall occur within an enclosed
building, except minor maintenance. Minor maintenance shall include work such as
tire replacement or inflation, adding oil or wiper fluid replacement.
6.Water from car wash shall not drain onto a public street or access. A drainage
system shall be installed, subject to the approval of the city engineer.
7.All trash, waste materials and obsolete parts shall be stored within an enclosed
trash container.
8.The City Council shall review this permit in one year.
Resolution 17-11-1511
Conditional Use Permit
WHEREAS, Kline Auto World applied for a conditional use permit to
construct and operate a car wash and two detail bays on a property zoned M-1
(light manufacturing).
WHEREAS, this permit applies to a 4.69-acre site located at 3090
Maplewood Drive North, Maplewood, MN. The property identification number is 03-
29-22-33-0022. The legal description is:
Tract “A”, Registered Land Survey No. 15, on file in the office of the Registrar of
Titles within and for said County, except that part lying easterly of a line beginning
at a point on the north line of said Tract 1494.91 feet west of the northeast corner
of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with
said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the
right 188.7 feet to a point on the south line of said Tract1303.88 feet west from
the southeast corner of said Tract, Ramsey County, Minnesota. Torrens
Certificate Number:171003.
WHEREAS, Section 44-637 of the City’s ordinances (District Regulations)
requires a conditional use permit to construct and operate acar wash in the M-1 zone
(light manufacturing)
WHEREAS, the applicant is proposing to extend the ground floor living area to
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the west side of the house, six (6) feet from the property line, requiring a 4-foot side
yard setback variance
WHEREAS, the history of this conditional use permit is as follows:
1.On October 17, 2017, the Planning Commission held a public hearing to review this
proposal. City staff published a notice in the paper and sent notices to the surrounding
property owners as required by law. 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 the city staff. The Planning
Commissionrecommendedapproval of the side yard setback variance to the City
Council.
2.The City Council held a public meeting on November 17, 2017, to review this
proposal. The City Council considered the report and recommendations of the city staff
and the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that theCityCouncilapproved the
above-described conditional use based on the followingreasons:
1.The use will be located, designed, maintained, constructed and operated to
be in conformity with the City’s Comprehensive Plan and ZoningCode.
2.The use would not change the existing or planned character of the surroundingarea.
3.The use would not depreciate propertyvalues
4.The use would not involve any activity, process, materials, equipment or
methods or 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 quality pollution,
drainage, water run-off, vibration,generalunsightliness, electrical interference
orother nuisances.
5.The use would generate only minimal vehicular traffic on local streets and
wouldnot create traffic congestion or unsafe access on existing or proposed
streets.
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 orservices.
8.The use would maximize the preservation of and incorporate the site’s
naturaland scenic features into the developmentdesign.
9.The use would cause minimal adverse environmentaleffects.
Approval of the conditional use permit is subject to the following conditions:
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1.All construction shall follow the site planapproved by the city. The director of
community development may approve minorchanges.
2.The proposed construction 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 oneyear.
3.The applicant shall not load or unload vehicles on publicright-of-way.
4.Cars can only be parked on designated pavedsurfaces.
5.The City Council shall review this permit in oneyear.
6.All repair, assembly, disassembly and maintenance shall occur within an enclosed
building, except minor maintenance. Minor maintenance shall include work such as
tire replacementorinflation,addingoilorwiperfluidreplacement.
7.Water from car wash shall not drain onto a public street or access. A drainage
system shallbeinstalled,subjecttotheapprovalofthecityengineer.
8.All trash, waste materials and obsolete parts shall be stored within an enclosed
trash container.
9.The City Council shall review this permit in oneyear.
Seconded by Councilmember XiongAyes–All
The motion passed.
Councilmember Smithmoved to approve the design plans date stamped September 18,
2017, for the construction of a car wash and two detail bays located at 3090 Maplewood
Drive North. Approval is subject to the following conditions:
1.All construction shall follow the site plan that the City stamped September 18, 2017.
The director of community development may approve minor changes
2.Repeat this review in two years if the city has not issued a building permit for this
project.
3.Satisfy the requirements set forth in the staff report authored by staff engineer Jon
Jarosch, dated October 3, 2017.
4.Satisfy the requirements set forth in the staff report authored by building official
Jason Brash.
5.Elevation roof-top equipment submission to city staff for review and approval and if
necessary inclusion roof-top screening.
Seconded by Councilmember XiongAyes–All
The motion passed.
November 13,201716
City Council Meeting Minutes
5.Consider Denial of a Sign Variance, AT&T, 3070 White Bear Avenue North
a.Sign Variance Denial Resolution
Economic Development Coordinator Martin gave the staff reportand answered
questions of the council.Valerie Bruggeman, Director of External Legislative Affairs with
AT&T addressed the council to give additional information about the sign variance
request.
Councilmember Juenemann moved to approve the resolution denying a sign variance
request to allow two additional wall signs for the building located at 3070 White Bear
Avenue North based on the following reasons:
1.Strict enforcement ofthe ordinance does not cause the applicant practical
difficulties because complying with sign requirements allows the retail tenant
sufficient building identification and it will not be difficult for customers to find the
location.
2.If this request were to be approved, the sign variance will result in excessive
signage for this site as all three wall signs would be visible from the White Bear
Avenue roadway.
3.If this request were to be approved, the spirit and intent of the ordinance would not
be met.
Resolution 17-11-1512
Denial of a Sign Variance Request
WHEREAS, Tim Kramer of Priority Sign, on behalf of AT&T, requested city
approval of a sign variance allowing two additional wall signs than what city code allows
for the building at 3070 White Bear Avenue North.
WHEREAS, Section 44-13 of the city code grants the city discretion in reviewing
variances.
WHEREAS, when property owners are seeking more signs than what the city
code allows for commercial buildings in the business commercial zoningdistrict
variances are required.
WHEREAS, this resolution applies to the 0.56 acre site at 3070 White Bear
Avenue North. The legal description and property identification number are:
That part of the following described parcel lying westerly of the easterly 114.15
feet thereof:
That part of the North 10 Acres of the East 20 Acres of the North Half of the
Northwest quarter of Section 2, Township 29, Range 22, Ramsey County,
Minnesota, described as follows: Commencing at the intersection of the east line:
of said North 10 Acres of the East 20 Acres and the north line of the south 100
feet of said North 10 Acres of the East 20 Acres; thence westerly along said
north line of the south 100 feet, a distance of 221.00 feet to the actual point of
beginning of the parcel being described; thence northerly, at a right angle, 155.94
November 13,201717
City Council Meeting Minutes
feet to a point on a line parallel with and distance 493.50 feet south of the north
line of the Northwest Quarter of said Section 2; thence westerly along said
parallel line to the easterly right of way line of White Bear Avenue as established
in Documents No. 1748789 and 1756314 on file in the office of the County
Recorder in and for said Ramsey County; thence southerly along said easterly
right of way line to its intersection with said north line of the south 100 feet of said
North 10 Acres of the East 20 Acres; thence easterly along said north line to the
point of beginning.
Reserving and subject to an easement for ingress and egress over, under, and
across, the southerly 24 feet ofthe northerly 49 feet of that part of the above
described parcel lying westerly of the easterly 114.15 feet thereof.
Together with an easement for ingress and egress over, under and across, the
southerly 24 feet of the northerly 49 feet of the easterly 114.15 feet of the above
described parcel.
And together with an easement for ingress and egress over, under, and across,
the north 24 feet of the southerly 230.94 feet of the westerly 15 feet and the
easterly 24 feet of the westerly 39 feet of the northerly 130.94 feet of the
southerly 230.94 feet of that part of said North 10 Acres of the East 20 Acres
lying easterly of and adjacent to the easterly line of the above described parcel.
02-29-22-21-0019
WHEREAS, the history of this conditional use permit is as follows:
1.On October 17, 2017, the planning commission held a public hearing.
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. The planning commission recommended that the city
council denythe sign variance request.
2.On November 13, 2017, the city council discussed the sign variance
request. They considered reports and recommendations from the
planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council deny the above-
described sign variance request because:
1.Strict enforcement of the ordinance does not cause the applicant practical
difficulties because complying with sign requirements allows the retail tenant
sufficient building identification and it will not be difficult for customers to find
the location.
2.If this request were to be approved, the sign variance will result in excessive
signage for this site as all three wall signs would be visible fromthe White Bear
Avenue roadway.
3.If this request were to be approved, the spirit and intent of the ordinance would
not be met.
November 13,201718
City Council Meeting Minutes
Seconded by Councilmember XiongAyes–All
The motion passed.
6.Consider Resolution Authorizing the Issuance, Sale, and Delivery of
Multifamily Housing Revenue Obligations –Maple Pond MDG, LP
Finance Director Paulseth gave the staff report.
Councilmember Juenemann moved to approve to theResolution Authorizing the
Issuance, Sale, and Delivery of Multifamily Housing Revenue Obligations to Finance an
Existing Multifamily Housing Development Located in the City Pursuant to Minnesota
Statutes, Chapter 462C, as Amended; Authorizing the Loan of the Proceeds of the
Obligations to Maple Pond MDG Limited Partnership; and Approving the Forms of and
Authorizing the Execution and Delivery of the Obligations and Related Documents.
CITY OF MAPLEWOOD, MINNESOTA
RESOLUTION 17-11-1513
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF MULTIFAMILY HOUSING
REVENUE OBLIGATIONS TO FINANCE AN EXISTING MULTIFAMILY HOUSING
DEVELOPMENT LOCATED IN THE CITY PURSUANTTO MINNESOTA STATUTES,
CHAPTER 462C, AS AMENDED; AUTHORIZING THE LOAN OF THE PROCEEDS OF
THE OBLIGATIONS TO MAPLE POND MDG LIMITED PARTNERSHIP; AND APPROVING
THE FORMS OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE
OBLIGATIONS AND RELATED DOCUMENTS
BE IT RESOLVED by the City Council (the “Council”) of the City of Maplewood,
Minnesota (the “City”), as follows:
Section 1.Recitals.
1.1.The City is a statutory city duly organized and existing under the
Constitution and laws of the State of Minnesota.
1.2.Pursuant to Minnesota Statutes, Chapter 462C, as amended (the
“Housing Act”), the City is authorized to carry out the public purposes described in the
Housing Act by issuing revenue bonds or other obligations to finance or refinance
multifamily housing developments, and as a condition to the issuance of such revenue
bonds, adopt a housing program providing the information required by Section 462C.03,
subdivision 1a of the Housing Act.
1.3.In the issuance of the City’s revenue bonds and in the making of a loan to
finance a multifamily housing development the City may exercise, within the corporate
limits of the City, any of the powers that the Minnesota Housing Finance Agency may
exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under
the provisions of Minnesota Statutes, Chapter 475, as amended.
1.4.On July 10, 2017, following a duly noticed public hearing, the Council
adopted Resolution No. 17-07-1475 (the “Preliminary Resolution”) under the terms of
which the City: (i)granted preliminary approval to the issuance of one or more series of
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City Council Meeting Minutes
multifamily housing revenue bonds (the “Bonds”), in an aggregate principal amount not
to exceed $15,000,000, pursuant to the Housing Act for the benefit of Maple Pond MDG
Limited Partnership, a Minnesota limited partnership (the “Borrower”) to finance all or a
portion of the costs of the Project (as hereinafter defined); (ii) ratified, confirmed, and
approved the preparation of a housing program providing the information required by
Section 462C.03, subdivision 1a of the Housing Act (the “Housing Program”) and
submission of the Housing Program to the Metropolitan Council for its review and
comment, and adopted, ratified, and approved the Housing Program in all respects
without amendment; (iii) authorized the submission of an application to the State of
Minnesota Department of Management & Budget (“MMB”) for an allocation of bonding
authority pursuant to Section 146 of the Internal Revenue Code of 1986, as amended
(the “Code”), and Minnesota Statues, Chapter474A, as amended (the “Allocation Act”);
and(iv) stated the official intent of the City to reimburse the Borrower for expenditures
made for costs of the Project from proceeds of tax-exempt bonds or other obligations
under Treasury Regulations, Section 1.150-2.
1.5.The Preliminary Resolution constitutes a reimbursement resolution and
an official intent of the City to reimburse expenditures with respect to the Project from
the proceeds of tax-exempt revenue bonds in accordance with the provisions of
Treasury Regulations, Section 1.150-2.
1.6.The PreliminaryResolution authorized the issuance of the Bonds for the
purposes of (i) financing the acquisition and rehabilitation of 168 units of multifamily
rental apartments, and facilities functionally related and subordinate thereto, commonly
known as Maple Pond Apartments, located at 1854 Beebe Road in the City (the
“Project”); (ii) funding of one or more reserve funds to secure the timely payment of the
Bonds; (iii) payment of interest on the Bonds during the rehabilitation of the Project; and
(iv) payment of thecosts of issuing the Bonds.
1.7.In accordance with the authority granted under the Preliminary
Resolution, the Mayor of the City and the City Manager (together, and with other officials
of the City who execute and deliver the Bonds and related documents, the“City
Officials”), and Kennedy & Graven, Chartered, bond counsel to the City (“Bond
Counsel”), in cooperation with the Borrower, submitted an application for an allocation of
bonding authority to MMB pursuant to Section 146 of the Code and the requirements of
the Allocation Act. The City received Certificate of Allocation No. 311, dated August 7,
2017, from MMB allocating bonding authority of the State of Minnesota to the City in the
amount of $11,200,000, pursuant to the Allocation Act. In accordance with the
Allocation Act, the Bonds must be issued within one hundred twenty (120) days from the
date of the allocation (the “Allocation Expiration Date”).
1.8.The Borrower is seeking to extend certain existing deferred loans from
Minnesota Housing Finance Agency (“MHFA”) and to extend the Housing Assistance
Payments Contracts (the “HAP Contracts”) with respect to the Project.The Borrower
has entered into negotiations with MHFA and the United States Department of Housing
and Urban Development (“HUD”), as appropriate, for extension of the MHFA deferred
loans and the HAP Contracts.The Borrower is also preparing underwriting materials
and information for submission to HUD in connection with a first mortgage loan financing
for the Project.The approvals for extension of the deferred MHFA loans and the HAP
Contracts and submission of underwriting materials to HUD are necessary to issue the
Bonds. These actions will not be complete prior to the Allocation Expiration Date.
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1.9.In order to provide interim financing for the Project, the Borrower has
requested that the City issue its Multifamily Housing Revenue Note (Maple Pond
Apartments Project), Series 2017 (the “Note”), as multiple obligations or in one or more
series, in the maximum principal amount of $11,200,000. The Borrower has further
proposed that Bridgewater Bank, or another commercial lender selected by the Borrower
(the “Purchaser”), purchase the Note.
1.10.The Note is expected to be issued on a temporary, short-term basis. The
Bonds are proposed to be issued as permanent financing for the Project within \[one
year\] of the issuance of the Note, at which time proceeds of the Bonds will refund the
Note and finance the remaining costs of the Project.
1.11.With respect to the Note, there have been presented before the Council
(i)a form of Loan Agreement (the “Loan Agreement”) proposed to be entered into
between the City and the Borrower, pursuant to which the City will loan the proceeds of
the Note to the Borrower; (ii) a form of Assignment of Loan Agreement (the
“Assignment”) proposed to be entered into between the City and the Purchaser,
pursuant to which the City will assign the repayments to be made under the Loan
Agreement to the Purchaser; (iii) a form of the Note; and (iv) a form of Regulatory
Agreement (the “Regulatory Agreement”) proposed to be entered into between the City,
the Borrower, and the Purchaser, pursuant to which certain rental and occupancy
restrictions will be imposed on the Project. The Loan Agreement, the Assignment, and
the Regulatory Agreement are hereinafter collectively referred to as the “Note Financing
Documents.”
Section 2.Legal Authorization and Findings –the Note.
2.1.The City acknowledges, finds, determines, and declares that the issuance
of the Note is authorized by the Housing Act and is consistent with the purposes of the
Housing Act and that the issuance of the Note,and the other actions of the City under
the Loan Agreement, the Assignment, and this resolution constitute a public purpose
and are in the interests of the City. In authorizing the issuance of the Note for the
financing of the Project and the related costs, the City’s purpose is and the effect thereof
will be to promote the public welfare of the City and its residents by providing multifamily
housing developments for low or moderate income residents of the City and otherwise
furthering the purposes and policies of the Housing Act.
2.2.For the purposes set forth above, there is hereby authorized the
issuance, sale, and delivery of the Note, as multiple obligations or in one or more series,
in the maximum principal amount of $11,200,000. The Note shall bear interest at the
rate or rates, shall be designated, shall be numbered, shall be dated, shall mature, shall
be in the aggregate principal amount, shall be subject to redemption prior to maturity,
shall be in such form, and shall have such other terms, details, and provisions as are
prescribed in the Note, substantially in the form now on file with the City, with the
amendments referenced herein. The City hereby authorizesall or a portion of the Note
to be issued as “tax-exempt bonds,” the interest on which is not includable in gross
income for federal and State of Minnesota income tax purposes.
2.3.The Note and the interest on the Note (i)shall be payable solely from the
revenues pledged therefor under the Loan Agreement and additional sources of revenue
provided by or on behalf of the Borrower; (ii)shall not constitute a debt of the City within
the meaning of any constitutional or statutory limitation; (iii)shall not constitute nor give
November 13,201721
City Council Meeting Minutes
rise to a pecuniary liability of the City or a charge against its general credit or taxing
powers; (iv)shall not constitute a charge, lien, or encumbrance, legal or equitable, upon
any property of the City other than the City’s interest inthe Loan Agreement; and (v)
shall not constitute a general or moral obligation of the City.
2.4.The loan repayments to be made by the Borrower under the Loan
Agreement will be fixed so as to produce revenue sufficient to pay the principal of,
premium, if any, and interest on the Note when due. Such loan repayments will be
assigned to the Purchaser under the terms of the Assignment.
2.5.All of the provisions of the Note, when executed as authorized herein,
shall be deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Note shall be substantially in the form now on file
with the City, which form is hereby approved, with such necessary and appropriate
variations, omissions, and insertions (including changes to the aggregate principal
amount of the Note, the stated maturity of the Note, the interest rate or rates on the Note
and the terms of redemption of the Note) as the City Officials, in their discretion, shall
determine. The execution of the Note with the manual or facsimile signatures of the
Mayor and the City Manager and the delivery of the Note by the City shall be conclusive
evidence of such determination.
2.6.The Noteshall be a special, limited revenue obligation of the City payable
solely from the revenues provided by the Borrower pursuant to the Loan Agreement and
other funds pledged to the payment of the Note. The Note shall not be payable from,
nor charged upon any funds other than the revenue pledged to their payment, nor shall
the City be subject to any liability thereon, except as otherwise provided in this
paragraph. No owner of the Note shall ever have the right to compel any exercise by the
City of any taxing powers of the City to pay the Note or the interest or premium thereon,
or to enforce payment thereof against any property of the City except the interests of the
City in the Loan Agreement and the revenues and assets thereunder, which will be
assigned to the Purchaser. The Note shall recite that the Note is issued pursuant to the
Housing Act, and that the Note, including interest and premium, if any, thereon, is
payable solely from the revenues and assets pledged to the payment thereof, and the
Note shall not constitute a debt of the City within the meaning of any constitutional or
statutory limitations.
2.7.(a) The Finance Director of the City (the “Finance Director”) is appointed
note registrar for the Note. The City will cause to be kept at the officeof the Finance
Director a Note Register in which, subject to such reasonable regulations as it may
prescribe, the City shall provide for the registration of transfers of ownership of the Note.
The Note shall be initially registered in the name of the Purchaser and shall be
transferable upon the Note Register for such Note by the holder thereof in person or by
its agent duly authorized in writing, upon surrender of such Note together with a written
instrument of transfer satisfactory to the Finance Director, duly executed by the then
holder thereof or its duly authorized agent. The City may require, as a precondition to
any transfer, that the transferee provide evidence satisfactory to the City that the
transferee is a financial institution or other accredited investor under the securities laws.
The following form of assignment shall be sufficient for said purpose.
For value received ___________ hereby sells, assigns and transfers unto
_______________ the attached Note of the City of Maplewood,
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City Council Meeting Minutes
Minnesota,and does hereby irrevocably constitute and appoint
___________________ attorney to transfer said Note on the books of
said City, with full power of substitution in the premises. The undersigned
certifies that the transfer is made in accordance with the provisions of
Sections 2.7(a) and 2.7(d) of the resolution authorizing the issuance of
the Note.
Dated:
Registered Owner
Upon such transfer the City Finance Director shall note the date of registration and the
name and address of the successor holder in the Note Register and in the registration
blank appearing on the Note.
(b) In case the Note shall become mutilated or be destroyed or lost, the City
shall, if not then prohibited by law, cause to be executed and delivered a new Note of
like outstanding principal amount, number and tenor in exchange and substitution for
and upon cancellation of such mutilated Note, or in lieu of and in substitution for such
Note destroyed or lost, upon the payment by the registered holder thereof of the
reasonable expensesand charges of the City in connection therewith, and in the case of
a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with
indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured
orbeen called for redemption in accordance with its terms it shall not be necessary to
issue a new Note prior to payment.
(c) The City may deem and treat the person in whose name the Note is last
registered in the Note Register and by notation on the Note, whether or not such Note
shall be overdue, as the absolute owner of such Note for the purpose of receiving
payment of or on account of the Principal Balance, redemption price or interest and for
all other purposes whatsoever, and the City shall not be affected by any notice to the
contrary.
(d) The Note has been issued without registration under state or other securities
laws, pursuant to an exemption for such issuance; and accordingly the Note may not be
assigned or transferred in whole or part, nor may a participation interest in the Note be
given pursuant to any participation agreement, except to a financial institution or other
accredited investor and as an exempt security or as an exempt transaction and in
principal amounts of at least $100,000.
2.8.The City Officials are hereby authorized and directed to execute and
deliver the Loan Agreement and the Assignment. All of the provisions of the Loan
Agreement and Assignment, when executed and delivered as authorized herein, shall be
deemed to be a part ofthis resolution as fully and to the same extent as if incorporated
verbatim herein and shall be in full force and effect from the date of execution and
delivery thereof. The Loan Agreement and the Assignment shall be substantially in the
forms on file with the City which are hereby approved, with such omissions and
insertions as do not materially change the substance thereof, and as the City Officials, in
their discretion, shall determine, and the execution thereof by the City Officials shall be
conclusive evidence of such determinations.
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City Council Meeting Minutes
2.9.To ensure compliance with certain rental and occupancy restrictions
imposed by the Housing Act and Section 142(d) of the Code, and to ensure compliance
with certain restrictions imposed by the City, the City Officials are also hereby authorized
and directed to execute and deliver the Regulatory Agreement. All of the provisions of
the Regulatory Agreement, when executed and delivered as authorized herein, shall be
deemed to be a part of this resolution as fully and to thesame extent as if incorporated
verbatim herein and shall be in full force and effect from the date of execution and
delivery thereof. The Regulatory Agreement shall be substantially in the form on file with
the City which is hereby approved, with such omissions and insertions as do not
materially change the substance thereof, or as the City Officials, in their discretion, shall
determine, and the execution thereof by the City Officials shall be conclusive evidence of
such determination.
2.10.The Council authorizes the execution and delivery of any agreement
providing for the disbursement of proceeds of the Note and other funds by the Borrower
and the Purchaser. The Purchaser is authorized to accept the Assignment and any
other mortgage lien, security interest, guaranty, or other security provided by the
Borrower in order to secure payment of the Note and is hereby authorized to take all
actions necessary or appropriate under the terms of the Assignment or other security to
ensure timely payment of the principal of, premium, if any, and interest on the Note.
2.11.The Council authorizes the execution and delivery of the following closing
documents relating to the Note (collectively, the “Closing Documents”): (i) one or more
certificates of the City; (ii) an Information Return for Tax-Exempt Private Activity Bond
Issues, Form 8038; (iii) an endorsement to a tax certificate of the Borrower relating to
arbitrage, rebate, and other tax matters; and (iv) similar documents. All of the provisions
of the Note, the Note Financing Documents and the Closing Documents, when executed
and delivered as authorized herein, shall be deemed to be a part of this resolution as
fully and to the same extent as if incorporated verbatim herein and shall be in full force
and effect from the date of execution and delivery thereof.
2.12.The City hereby authorizes Bond Counsel to prepare, execute, and
deliver its approving legal opinions with respect to the Note and related matters.
2.13.Simultaneously with the execution and delivery of the Note Financing
Documents, there shall be delivered to the City the following: (i) an opinion of counsel to
the Borrower as to such matters as shall be required by the City and Bond Counsel; (ii)
one or more opinions of Bond Counsel as may be required by the City, the Purchaser,
counsel to the Purchaser, the Borrower, and counsel to the Borrower; and (iii)such other
opinions, instruments, and documents as the City may require as a condition to the
issuance of the Note and the other actions of the City authorized by this resolution.
Section 3.Additional Findings and Certifications.
3.1Except as otherwise provided in this resolution, all rights, powers, and
privileges conferred and duties and liabilities imposed upon the City or the Council by
the provisions of this resolution or of the aforementioned documents shall be exercised
or performed by the City or by such members of the Council, or such officers, Council,
body or agency thereof as may be required or authorized by law to exercise such
powers and to perform such duties.
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3.2No covenant, stipulation, obligation or agreement herein contained or
contained in the aforementioned documents shall be deemed to be a covenant,
stipulation, obligation or agreement of any member of the Council, or any officer, agent
or employee of the City in that person’s individual capacity, and neither the Council nor
any officer or employee executing the Note shall be personally liable on the Note or be
subject to any personal liability or accountability by reason of the issuance thereof.
3.3No provision, covenant or agreement contained in the aforementioned
documents, the Note, or in any other document relating to the Note, and no obligation
therein or herein imposed upon the City or the breach thereof, shall constitute or give
rise to a general or moral obligation of the City or any pecuniary liability of the City or any
charge upon its general credit or taxing powers. In making the agreements, provisions,
covenants, and representations set forth in such documents, the City has not obligated
itself to pay or remit any funds or revenues, other than funds and revenues derived from
the Loan Agreement which are to be applied to the payment of the Note, as provided
therein.
3.4Except as herein otherwise expressly provided, nothing in this resolution
or in the aforementioned documents expressed or implied is intended or shall be
construed to confer upon any person or firm or corporation, other than the City, any
holder of the Note issued under the provisions of this resolution, any right, remedyor
claim, legal or equitable, under and by reason of this resolution or any provisions hereof,
this resolution, the aforementioned documents, and all of their provisions being intended
to be and being for the sole and exclusive benefit of the City, and any holder from time to
time of the Note issued under the provisions of this resolution.
3.5In case any one or more of the provisions of this resolution, other than the
provisions contained in Section 2.6 hereof, or of the aforementioned documents, or of
the Note issued hereunder shall for any reason be held to be illegal or invalid, such
illegality or invalidity shall not affect any other provision of this resolution, or of the
aforementioned documents, or of the Note, but this resolution, the aforementioned
documents, and the Note shall be construed and endorsed as if such illegal or invalid
provisions had not been contained therein.
3.6The Note, when executed and delivered, shall contain a recital that it is
issued pursuant to the Housing Act, and such recital shall be conclusive evidence of the
validity of the Note and the regularity of the issuance thereof, and that all acts,
conditions, and things required by the laws of the State of Minnesota relating to the
adoption of this resolution, to the issuance of the Note, and to the execution of the
aforementioned documents to happen, exist, and be performed precedent to the
execution of the aforementioned documents have happened, exist, and have been
performed as so required by law.
3.7The officers of the City, Bond Counsel, other attorneys, engineers, and
other agents or employees of the City are hereby authorized to do all acts and things
required of them by or in connection with this resolution, the aforementioned documents,
and the Note, for the full, punctual, and complete performance of all the terms,
covenants, and agreements contained in the Note, the aforementioned documents, and
this resolution. If for any reason the Mayor or the City Manager is unable to execute and
deliver the documents referred to in thisresolution, such documents may be executed by
any member of the Council or any officer of the City delegated the duties of the Mayor or
November 13,201725
City Council Meeting Minutes
the City Manager with the same force and effect as if such documents were executed
and delivered by the Mayor or the City Manager.
3.8The Borrower shall pay the administrative fee of the City equal to one
percent (1%) of the principal amount of the Note, not to exceed $28,600, payable on the
date of issuance of the Note. The Borrower will also pay, or, upon demand, reimburse
the City for payment of, any and all costs incurred by the City in connection with the
Project and the issuance of the Note, whether or not the Note is issued, including any
costs for attorneys’ fees.
3.9The Council hereby affirms its findings in the Preliminary Resolution. The
Note is authorized to be issued to provide, among other things, interim financing for the
Project, and the Bonds are authorized to be issued to provide, among other things,
permanent financing for the Project.
Section 4.Effective Date. This resolution shall take effect and be in full force from
and after its approval.
Seconded by Councilmember AbramsAyes–All
The motion passed.
7.Consider Approval of Resolution Adopting 2018 Utility Rates
Finance Director Paulseth gave the staff report.
Councilmember Juenemann moved to approve the resolution authorizing utility rates for
2018.
Resolution 17-11-1514
Adoption of 2018 Rates for Utilities:
Environmental Utility, Water Surcharges,
And Recycling
WHEREAS, the City of Maplewood annually establishes utility rates; and
WHEREAS, the City has prepared a utility rate analysis for the 2018 budget year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that:
1.The Environmental Utility Fund rates shall increase5%, effective January
1, 2018, with quarterly rates set at $26.25 ($8.75 per month) for residential,
and monthly rates set at $55.65 for Multi-family, $67.72 for Institutional, and
$86.62 for Commercial.
2.The water surcharge rates for the St. Paul Water District shall remain
unchanged from the rate in effect for 2017, which is 7.0% of the St. Paul
water charge.
3.The water surcharge rates for the North St. Paul Water District shall remain
unchanged from the rate in effect for 2017, at $3.60 per quarter.
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4.The recycling fees shall increase 5.2% from the rate in effect for 2017. The
recycling fees are established as follows:
$3.43per account per month for multi-family units
$10.29per account per quarter for single-family residents
5.The new utility rates are approved for all related services received on or
after January 1, 2018.
Seconded by Councilmember AbramsAyes–All
The motion passed.
K.AWARD OF BIDS
None
L.ADJOURNMENT
Mayor Slawikadjourned the meeting at9:23 p.m.
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