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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. November 13,20171 City Council Meeting Minutes 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 November 13,20172 City Council Meeting Minutes 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. November 13,20173 City Council Meeting Minutes 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. November 13,20174 City Council Meeting Minutes 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. November 13,20175 City Council Meeting Minutes 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. November 13,20176 City Council Meeting Minutes 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 November 13,20177 City Council Meeting Minutes 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. November 13,20178 City Council Meeting Minutes 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 November 13,20179 City Council Meeting Minutes 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; November 13,201710 City Council Meeting Minutes 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. November 13,201711 City Council Meeting Minutes 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. November 13,201712 City Council Meeting Minutes 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. November 13,201713 City Council Meeting Minutes 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 November 13,201714 City Council Meeting Minutes 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: November 13,201715 City Council Meeting Minutes 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 November 13,201719 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. November 13,201720 City Council Meeting Minutes 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, November 13,201722 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. November 13,201723 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. November 13,201724 City Council Meeting Minutes 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. November 13,201726 City Council Meeting Minutes 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. November 13,201727 City Council Meeting Minutes