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HomeMy WebLinkAbout2020-06-08 City Council Meeting MinutesA. C E. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 8, 2020 Held Remotely Via Conference Call Meeting No. 11-20 CALL TO ORDER A meeting of the City Council was held remotely via conference call and was called to order at 7:00 p.m. by Mayor Abrams. Council took a moment of silence for George Floyd. Mayor Abrams opened the meeting with a reflection on Maplewood's racial equity efforts and forethought to future options. Public Safety Director Nadeau gave an overview and response of Maplewood's policing and use of force. PLEDGE OF ALLEGIANCE ROLL CALL Marylee Abrams, Mayor Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Sylvia Neblett, Councilmember Present Bryan Smith, Councilmember Present APPROVAL OF AGENDA Item J3 was removed from the agenda. Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Knutson Ayes — All, via roll call The motion passed. APPROVAL OF MINUTES 1. May 26, 2020 City Council Meeting Minutes Councilmember Neblett moved to approve the May 26, 2020 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update Ayes — All, via roll call June 8, 2020 City Council Meeting Minutes 1 City Manager Coleman gave an update to the council calendar; reviewed other topics of concern or interest requested by councilmembers; and gave an overview of upcoming events in the community. 2. Council Presentations None G. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda item G2 was highlighted. Councilmember Knutson moved to approve agenda items G1-G3. Seconded by Councilmember Juenemann Ayes — All, via roll call The motion passed. 1. Approval of Claims Councilmember Knutson moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 533,824.94 Checks #105637 thru #105661 dated 05/26/20 $ 487,507.27 Disbursements via debits to checking account dated 05/18/20 thru 05/22/20 $ 215,878.97 Checks #105663 thru #105700 dated 06/02/20 $ 257,974.34 Disbursements via debits to checking account dated 05/26/20 thru 05/29/20 $ 1,495,185.52 Total Accounts Payable PAYROLL $ 574,434.57 Payroll Checks and Direct Deposits dated 05/29/20 $ - Payroll Deduction check # thru # dated June 8, 2020 2 City Council Meeting Minutes $ 574,434.57 Total Payroll $ 2,069,620.09 GRAND TOTAL Seconded by Councilmember Juenemann Ayes — All, via roll call The motion passed. 2. Resolution for Reduction of Retainage on Existing Construction Contract for Wakefield Park Improvements, City Project PR 18-04 Councilmember Knutson moved to approve the resolution for reduction of retainage on existina construction contract for Wakefield Park Improvements Citv Proiect PR 18-04. Resolution 20-06-1823 REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT PR 18-04 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project PR 18-04, Wakefield Park Improvements, and has let a construction contract, and, WHEREAS, the contractor, Versacon Inc., has completed the requirements of the majority of the project construction work, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: A reduction in retainage on the construction contract is hereby authorized to be reduced, at the discretion of the Public Works Director, to 0.5% of the Wakefield Park Community Building budget. Seconded by Councilmember Juenemann Ayes — All, via roll call The motion passed. 3. Conditional Use Permit Review, Plaza 3000 Shopping Center, 3000 White Bear Avenue Councilmember Knutson moved to approve the CUP review for Plaza 3000 Shopping Center at 3000 White Bear Avenue and review again only if a problem arises or a major change is proposed. Seconded by Councilmember Juenemann Ayes — All, via roll call The motion passed. H. PUBLIC HEARINGS — If you are here fora Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address June 8, 2020 3 City Council Meeting Minutes clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I. UNFINISHED BUSINESS Resolution Awarding the Sale of G.O. Improvement Bonds, Series 2020B Finance Director Paulseth gave the staff report. Bruce Kimmel of Ehlers gave the details of the sale and the recent S&P rating call. Councilmember Juenemann moved to approve the Resolution Awarding the Sale of the General Obligation Improvement Bonds, Series 2020B, in the Original Aggregate Principal Amount of $6,200,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Resolution 20-06-1824 A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2020B, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $6,200,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Maplewood, Ramsey County, Minnesota (the "City"), as follows: Section 1. Sale of Bonds. 1.01 Authority. It is hereby determined that: (a) Certain assessable public improvements within the City, including but not limited to various street improvements known as the Arcade/County Road B and Dennis/McClelland Street Improvement Projects (the "Improvements"), have been made, duly ordered or contracts have been let for the construction thereof pursuant to the provisions of Minnesota Statutes, Chapters 429 and 475, as amended (collectively, the "Act"). (b) It is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Improvement Bonds, Series 2020B (the "Bonds"), in the original aggregate principal amount of $6,200,000, pursuant to the Act, to provide financing for the Improvements. (c) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. The actions of the City staff and the City's municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to the Purchaser and Interest Rates. The proposal of Northland June 8, 2020 4 City Council Meeting Minutes Securities, Inc. (the "Purchaser"), to purchase the Bonds of the City is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $6,786,630.53 (par amount of $6,200,000.00, plus original issue premium of $623,447.25, less underwriter's discount of $36,816.72), plus accrued interest, if any, to the date of delivery, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2022 4.000% 2030 2.000% 2023 4.000 2031 2.000 2024 4.000 2032 2.000 2025 4.000 2033 2.000 2026 4.000 2034 2.000 2027 4.000 2035 2.000 2028 4.000 2036 2.000 2029 4.000 True interest cost: 1.4453654% 1.03. Purchase Contract. Any amount paid by the Purchaser over the minimum purchase price shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the City's Finance Director (the "Finance Director") in consultation with the City's municipal advisor. The Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act in the total principal amount of $6,200,000, originally dated July 1, 2020, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2022 $320,000 2030 $440,000 2023 335,000 2031 445,000 2024 345,000 2032 455,000 2025 360,000 2033 465,000 2026 370,000 2034 475,000 2027 390,000 2035 485,000 2028 405,000 2036 490,000 2029 420,000 1.05. Optional Redemption. The City may elect on February 1, 2029, and on any day thereafter to prepay the Bonds due on or after February 1, 2030. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such June 8, 2020 5 City Council Meeting Minutes maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2021, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the June 8, 2020 6 City Council Meeting Minutes Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to the registered owner or upon the registered owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services June 8, 2020 7 City Council Meeting Minutes performed. The City reserves the right to remove the Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of the City Council, the City Manager must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form as attached hereto as EXHIBIT B. 3.02. Approving Legal Opinion. The City Manager is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds are payable from the General Obligation Improvement Bonds, Series 2020B Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of general taxes hereinafter levied (the "Taxes") and special assessments levied or to be levied (the "Assessments") for the Improvements described herein are hereby pledged to the Debt Service Fund. There is appropriated to the Debt Service Fund amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof. 4.02. Construction Fund. The proceeds of the Bonds, less the appropriations made in Section 4.01 hereof, together with any other funds appropriated for the Improvements, the Assessments and the Taxes collected during the construction of the Improvements, will be deposited in a separate construction fund (the "Construction June 8, 2020 City Council Meeting Minutes Fund") to be used solely to defray expenses of the Improvements and the payment of principal of and interest on the Bonds prior to the completion and payment of all costs of the Improvements. Any balance remaining in the Construction Fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act under the direction of the City Council. When the Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and subsequent collections of Assessments and Taxes for the Improvements are to be deposited in the Debt Service Fund. 4.03. City Covenants. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2021 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand, and the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. (e) At least twenty percent (20%) of the cost of the assessable Improvements described herein will be specially assessed against benefited properties. 4.04. Pledge of Tax Levy. For the purpose of paying a portion of the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as attached hereto as EXHIBIT C. 4.05. General Obligation Pledge. For the prompt and full payment of principal of and interest on the Bonds, as the same respectively become due, the full faith, credit, and taxing powers of the City are irrevocably pledged. If a payment of principal of or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund June 8, 2020 9 City Council Meeting Minutes to pay the same, the City Manager is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments and Taxes when collected. 4.06. Certification to County Auditor as to Debt Service Fund Amount. It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided for the Bonds is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Finance Director may certify to the Director of Property Records and Revenue of Ramsey County, Minnesota (the "County Auditor") the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.07. Certificate of County Auditor as to Registration. The City Manager is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Section 475.63 of the Act. 4.08. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Old National Bank, Chaska, Minnesota, on the closing date for further distribution as directed by the City's municipal advisor, Ehlers and Associates, Inc. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Final Official Statement. The Mayor and the City Manager are authorized and directed to certify that they have examined the Final Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Final Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Final Official Statement. 5.03. Other Certificates. The Mayor, the City Manager, and the Finance Director are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor and the City Manager shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. June 8, 2020 10 City Council Meeting Minutes 5.04. Electronic Signatures. The electronic signature of the Mayor, City Manager, and Finance Director, to this resolution or to any certificate authorized to be executed hereunder shall be as valid as an original signature of such party and shall be effective to bind the City thereto. For purposes hereof, (i) "electronic signature" means a manually signed original signature that is then transmitted by electronic means; and (ii) "transmitted by electronic means" means sent in the form of a facsimile or sent via the internet as a portable document format ("pdf") or other replicating image attached to an electronic mail or internet message. Section 6. Tax Covenants. 6.01. Tax -Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. Rebate. The City will comply with all requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States (unless the City qualifies for any exemption from rebate requirements based on timely expenditure of proceeds of the Bonds, in accordance with the Code and applicable Treasury Regulations). 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or the Improvements financed by the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2020 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during June 8, 2020 11 City Council Meeting Minutes calendar year 2020 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. 6.06. Reimbursement. The City has or may have incurred certain expenditures with respect to the Improvements that were financed temporarily from other sources but are expected to be reimbursed with proceeds of the Bonds. The City hereby declares its intent to reimburse certain costs of the Improvements from proceeds of the Bonds (the "Declaration"). This Declaration is intended to constitute a declaration of official intent for purposes of the Section 1.150-2 of the Treasury Regulations promulgated under the Code. Section 7. Book -Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities of the Bonds as described in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the June 8, 2020 12 City Council Meeting Minutes words "Cede & Co." will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and the City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section. Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by June 8, 2020 13 City Council Meeting Minutes this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 4019RIM. FORM OF BOND No. R- $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD GENERAL OBLIGATION IMPROVEMENT BOND SERIES 2020B Interest Rate Maturity Date February 1, 20_ Registered Owner: Cede & Co. Date of Original Issue July 1, 2020 CUSIP 565557 The City of Maplewood, Minnesota, a duly organized and existing municipal corporation in Ramsey County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing February 1, 2021, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2029, and on any day thereafter to prepay the Bonds due on or after February 1, 2030. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine June 8, 2020 14 City Council Meeting Minutes by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $6,200,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 8, 2020 (the "Resolution"), for the purpose of providing money to defray the expenses incurred and to be incurred in making certain assessable local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, as amended, and the principal hereof and interest hereon are payable in part from special assessments against property specially benefited by local improvements and in part from ad valorem taxes for the City's share of the cost of the improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the June 8, 2020 15 City Council Meeting Minutes indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: July 1, 2020 Mayor acsimile CITY OF MAPLEWOOD, MINNESOTA acsimile City Manager CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION is Authorized Representative ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Cust) (Minor) under Uniform Gifts or Transfers to Minors Act, State of Additional abbreviations may also be used though not in the above list. June 8, 2020 16 City Council Meeting Minutes ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto thereunder, and does registration of the within Bond, Dated: the within Bond and all rights hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for with full power of substitution in the premises. Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. June 8, 2020 17 City Council Meeting Minutes Date of Registration Registered Owner Cede & Co. Federal ID #13-2555119 EXHIBIT C TAX LEVY SCHEDULE Signature of Officer of Registrar TAX LEVY CALCULATION Issue ID# 336632 City of Maplewood, MN Dated Date: 7/1/2020 $6,200,000 General Obligation Improvement Bonds, Series 2020B Call Date: 2/1/2029 Tax Levy Year Tax Collect Year Bond Pay Year Total P & I P & I @ 105% (2) Less: Special Assessments- Dennis/ McClelland (3) Less: Special Assessments - Arcade/ County Rd B Net Levy 2019 / 2020 / 2021 106,691.67 112,026.25 112,026.25 2020 / 2021 / 2022 502,900.00 528,045.00 (113,514.13) (69,417.90) 345,112.97 2021 / 2022 / 2023 505,100.00 530,355.00 (113,514.13) (69,417.90) 347,422.97 2022 / 2023 / 2024 501,700.00 526,785.00 (113,514.14) (69,417.92) 343,852.94 2023 / 2024 / 2025 502,900.00 528,045.00 (113,514.13) (69,417.90) 345,112.97 2024 / 2025 / 2026 498,500.00 523,425.00 (113,514.13) (69,417.90) 340,492.97 2025 / 2026 / 2027 503,700.00 528,885.00 (113,514.13) (69,417.91) 345,952.96 2026 / 2027 / 2028 503,100.00 528,255.00 (113,514.13) (69,417.90) 345,322.97 2027 / 2028 / 2029 501,900.00 526,995.00 (113,514.12) (69,417.90) 344,062.98 2028 / 2029 / 2030 505,100.00 530,355.00 (113,514.14) (69,417.91) 347,422.95 2029 / 2030 / 2031 501,300.00 526,365.00 (113,514.13) (69,417.91) 343,432.96 2030 / 2031 / 2032 502,400.00 527,520.00 (113,514.12) (69,417.90) 344,587.98 2031 / 2032 / 2033 503,300.00 528,465.00 (113,514.13) (69,417.91) 345,532.96 2032 / 2033 / 2034 504,000.00 529,200.00 (113,514.12) (69,417.90) 346,267.98 2033 / 2034 / 2035 504,500.00 529,725.00 (113,514.13) (69,417.91) 346,792.96 2034 / 2035 / 2036 499,800.00 524,790.00 (113,514.14) (69,417.90) 341,857.96 Totals 7,646,891.67 8,029,236.25 (1,702,711.95) (1,041,268.57) 5,285,255.73 (2) Projected special assessment revenue based on $1,312,050.00 assessed at 3.450% (Dennis/McClelland Project) (3) Projected special assessment revenue based on $802,365.00 assessed at 3.450% (Arcade/County Rd B Project) Cashflow and levy needs should be reviewed annually to account for prepaid and/or delinquent assessments. Seconded by Councilmember Smith Ayes — All, via roll call The motion passed. 2. Pedestrian Crossing Policy Public Works Director Love gave the staff report. June 8, 2020 18 City Council Meeting Minutes Councilmember Knutson moved to approve the Pedestrian Crossing Policy. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. J. NEW BUSINESS 2019 Comprehensive Annual Financial Report Finance Director Paulseth introduced the presentation. Matt Mayer of Bergan KDV gave the presentation. Councilmember Smith moved to approve the Comprehensive Annual Financial Report for the Year Ended 12/31 /2019. Seconded by Councilmember Juenemann Ayes — All, via roll call The motion passed. 2. New Maplewood Elementary School, 2410 Holloway Avenue East a. Conditional Use Permit Resolution b. Design Review Resolution Community Development Director Thomson gave the report. Sean Kelly with Wold Architects gave further information. Councilmember Juenemann moved to approve the resolution for a conditional use permit for a new elementary school to be constructed at 2410 Holloway Avenue East. Resolution 20-06-1825 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Independent School District 622 has requested approval of a conditional use permit for a new elementary school building. 1.02 The property is located at 2410 Holloway Avenue East and is legally described as: Tract A The East 174 feet of the North 250 feet of the West 1 /4 of the Northeast 1 /4 of the Southwest 1 /4 of Section 13, Township 29, Range 22 West, according to the United States Government Survey thereof, subject to the rights of the public in the North 33 feet thereof for Holloway Avenue, said tract being also described as Lot 1, Block 1, Wiesner Park, together with abutting south half of Holloway Avenue, according to the plat of said Wiesner Park on file and of record in the office of the Register of Deeds in June 8, 2020 19 City Council Meeting Minutes and for Ramsey County, Minnesota. Tract B The West 1 /4 of the Northeast 1 /4 of the Southwest 1 /4, Section 13, Township 29, Range 22, according to the United States Government Survey thereof, except the East 174 feet of the North 250 feet thereof, subject to the rights of the public in the North 33 feet thereof for Holloway Avenue and in the West 33 feet thereof for Meyer Avenue, said tract being described as all of Wiesner Park, except Lot 1, Block 1 thereof and except the south half of Holloway Avenue abutting upon said Lot 1, Block 1, according to the plat of said Wiesner Park on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. Tract C The East 1 /2 of the West 1 /2 of the Northeast 1 /4 of the Southwest 1 /4 of Section 13, Township 29, Range 22, Ramsey County, Minnesota, according to the United States Government Survey thereof, subject to the rights of the public in the North 33 feet thereof for Holloway Avenue. (Abstract Property) Section 2. Standards. 2.01 City Ordinance Section 44-1092(3) requires a Conditional Use Permit for Educational Institutions. 2.02 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 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 June 8, 2020 20 City Council Meeting Minutes and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Section 3. Findings 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1. On May 19, 2020, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press 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 approve this resolution. 2. On June 8, 2020, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approved the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. Adherence to the design and site plans date -stamped April 22, 2020. The director of community development may approve minor changes. 2. The proposed construction must be 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. 4. Comply with all city ordinance requirements for signage. 5. Parking on Lakewood Drive North for any school -related events is limited to the east side of the street. 6. Provide year-round screening adjacent to the south and east property June 8, 2020 21 City Council Meeting Minutes lines to the homes aligned with either the parking lot or new school building and along the west property line adjacent to the school's loading dock and chiller equipment. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. Councilmember Juenemann moved to approve the resolution for design review for project plans date -stamped April 22, 2020 for a new elementary school to be constructed at 2410 Holloway Avenue East subject to all the conditions by the commissions and staff; and to staff resolving the issues raised during the meeting. Resolution 20-06-1826 DESIGN REVIEW RESOLUTION Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Independent School District 622 has requested approval of design review for a new elementary school building. 1.02 The property is located at 2410 Holloway Avenue East and is legally described as: Tract A The East 174 feet of the North 250 feet of the West 1 /4 of the Northeast 1 /4 of the Southwest 1 /4 of Section 13, Township 29, Range 22 West, according to the United States Government Survey thereof, subject to the rights of the public in the North 33 feet thereof for Holloway Avenue, said tract being also described as Lot 1, Block 1, Wiesner Park, together with abutting south half of Holloway Avenue, according to the plat of said Wiesner Park on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. Tract B The West 1 /4 of the Northeast 1 /4 of the Southwest 1 /4, Section 13, Township 29, Range 22, according to the United States Government Survey thereof, except the East 174 feet of the North 250 feet thereof, subject to the rights of the public in the North 33 feet thereof for Holloway Avenue and in the West 33 feet thereof for Meyer Avenue, said tract being described as all of Wiesner Park, except Lot 1, Block 1 thereof and except the south half of Holloway Avenue abutting upon said Lot 1, Block 1, according to the plat of said Wiesner Park on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. Tract C The East 1 /2 of the West 1 /2 of the Northeast 1 /4 of the Southwest 1 /4 of Section 13, Township 29, Range 22, Ramsey County, Minnesota, according to the United States Government Survey thereof, subject to the June 8, 2020 22 City Council Meeting Minutes rights of the public in the North 33 feet thereof for Holloway Avenue. (Abstract Property) Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above -described site and design plans are hereby approved based on the findings outlined in Section 2 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the site and design plans date -stamped April 22, 2020. Approval is subject to the applicant doing the following: Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report, dated May 8, 2020. 4. Meet all requirements in the environmental report, dated May 12, 2020. 5. The applicant shall obtain all required permits from the Ramsey - Washington Metro Watershed District. 6. All rooftop equipment shall be screened. Additional screening shall be added along the west property line to screen the loading June 8, 2020 23 City Council Meeting Minutes dock and chiller areas. 7. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. A revised landscape plan that includes additional landscape screening to meet ordinance requirements along the south and east property lines that are in line with the new school building. This revised landscape plan can account for existing year- round screening elements. b. A tree replacement plan that meets the requirements of the city's tree replacement code. c. A revised photometric plan that includes property lines and meets the requirements of the city's lighting code. d. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 8. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Restore all former curb cuts on Gervais Court to a continuous concrete curb per City of Maplewood requirements. 9. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or June 8, 2020 24 City Council Meeting Minutes summer. 10. All work shall follow the approved plans. The director of community development may approve minor changes. 11. The applicant shall provide building samples submitted to staff for approval. 12. The applicant shall work the city staff regarding sign materials used on the monument sign that are consistent with the building design which is subject to staff approval. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 3. Maple Ridge Convenience Store, 2501 White Bear Avenue a. Conditional Use Permit Resolution b. Design Review and Comprehensive Sign Plan Resolution This item was removed from the aaenda. 4. Property Maintenance Code a. Ordinance Repealing the Rental and Owner -Occupied Housing Maintenance Codes, Creating a New Property Maintenance Code and Adopting, in Part, the International Property Maintenance Code with Certain Modifications b. Resolution Authorizing Publication by Title and Summary (4 Votes) Community Development Director Thomson gave the presentation. Councilmember Juenemann moved to approve the ordinance repealing the Rental and Owner -Occupied Housina Maintenance Codes. creatina a new Property Maintenance Code and adoatina. in Dart. the International Property Maintenance Code with certain modifications. Ordinance 1011 An Ordinance Repealing the Rental and Owner -Occupied Housing Maintenance Codes, Creating a New Property Maintenance Code and Adopting, in Parts, the International Property Maintenance Code (IPMC) With Certain Modifications The Maplewood City Council ordains as follows: Section I. This section repeals the Rental Housing Maintenance Code, Secs. 12-96 to 12-141 and the Owner -Occupied Housing Maintenance Code, Secs. 12-142 to 12-181 and replaces them with a new Property Maintenance Code. Article IV. - Property Maintenance Code Section 12-96. - Purpose June 8, 2020 25 City Council Meeting Minutes The purpose of this article is to establish minimum safety and sanitation requirements for residential and non-residential structures and premises. Section 12-97. - Adoption Hereby adopted by reference is the International Property Maintenance Code (IPMC), 2018 edition, as published by the International Code Council, Inc., (ICC) for the establishment of minimum acceptable standards for the maintenance of existing buildings, structures, premises and facilities to protect health, safety and general welfare. Each and all of the standards, regulations and requirements, save and except such portions as are hereinafter deleted, amended or modified, as set about and specified in the IPMC, 2018 edition, are hereby adopted, referred to, incorporated and made a part hereof as if fully set out at length herein. Section 12-98. - Applicability The provisions of this ordinance shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. Section 12-99. - Standards The City Manager or his or her designee shall have the authority to develop policy standards concerning the management of the Property Maintenance Code. These standards shall not be contrary to this division. Section 12-100. —General The following provisions of the IPMC 2018 are modified as follows (underlined text is additional to, or an amendment to IPMC text): (a) References to plumbing, mechanical, fire, and electrical codes shall be replaced by current Minnesota State -adopted plumbing, mechanical, fire, and electrical codes. (b) Scope and Administration (IPMC Chapter 100) (1) Section 101.1 (Title) shall be amended to read as follows: These regulations shall be known as International Property Maintenance Code of Maplewood, Minnesota, hereinafter referred to as "this code." (2) Section 103.5 (Fees) shall be amended to read as follows: June 8, 2020 26 City Council Meeting Minutes The fees for activities and services performed by the department for carrying out its responsibilities under this code shall be outlined in the City's fee schedule. (3) Section 106 (Violations) shall be replaced with the following: Any person violating any provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with Maplewood City Code at Section 1-15 (General Penalties for Violations; Continuing Violations). The City may also handle violations of this ordinance through the administrative offenses procedures outlined in Section 1-17 (Administrative Offences). (4) Section 107 (Notices and Orders).shall be replaced with the following: Whenever a code official determines that any building or premise fails to meet the requirements of this ordinance, the code official may issue a notice of violation or order. Such notice of violation or order shall state the violation(s) of the ordinance and order the occupant and/or owner or aaent to correct such violations. This comDliance order shall: a. Be in writing. b. Describe the location and nature of the violation of this ordinance. C. Set the required corrective action and a date and time for the comDletion of the correction of such violation. d. Advise the occupant and/or owner or agent of the appeal procedure. e. Be served uaon the occupant as follows: 1. Personal service; 2. Sent by mail to the property address; 3. Posted on or about the property conspicuously. f. Be served upon the owner or agent as follows: 1. Personal service; 2. Sent by mail to the address indicated by county property records for owner; or g. Sent by mail to the address and posted at property for agent of nIninar (5) Section 111 (Means of Appeal) shall be replaced with the following: June 8, 2020 27 City Council Meeting Minutes The City Council shall hear and decide all appeals from alleged erroneous decisions of the code official or an issuance of a notice of violation or order relating to the administration and enforcement of this ordinance. Appeals must be filed with the City Manager within five business days of the notice of violation or order. The City Manager must schedule a date for the hearing before the City Council and notify the aggrieved person of the date. (6) Section 112.4 (Failure to Comply) shall be amended to read as follows: Any person who shall continue work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine as outlined in the City's fee schedule. (c) Definitions (IPMC Chapter 200). Section 202 (Definitions) as it relates to the definition of "Inoperable motor vehicle" and "Rubbish" shall be repealed. (d) General Requirements (IPMC Chapter 300). (1) Section 302.4 (Weeds) shall be replaced with the following: The yard shall be free from noxious weeds and nonnative turf grass that as required by Maplewood City Code at Section 18-31(8). Nonnative turf grass shall not exceed eight (8) inches in height. Yards and landscaping shall be maintained and all damaged or dead plants required by the city must be replaced. If a yard is landscaped with tall native grasses, a five (5) foot manicured buffer of mowed grass or other shorter plants will be required around the perimeter of the yard that is adjacent other properties with manicured lawns. (2) Section 302.8 (Motor Vehicle) shall be replaced with Maplewood Code of Ordinances, Chapter 18, Article II, Division 2 (Abandoned Motor Vehicles). (3) Section 303 (Swimming Pools, Spas and Hot Tubs) shall be replaced with Maplewood Code of Ordinances, Chapter 14, Article XII (Swimming Pools). (4) Section 304.3 (Premises Identification) shall be replaced with Maplewood Code of Ordinances, Chapter 32, Article VII, Sections 32-281 (Display Required) and Section 32-282 (Dimensions, Specifications, and Materials to be Used). June 8, 2020 28 City Council Meeting Minutes (5) Section 304.14 (Insect Screens) shall be amended to read as follows: During the period of January 1 to December 31 every door, window, and outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of minimum of 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self -closing device in good working condition. (6) Section 308 (Rubbish and Garbage) shall be replaced with Maplewood Code of Ordinances, Chapter 30 (Solid Waste Management). (e) Light, Ventilation and Occupancy Limitations (IPMC Chapter 400) (1) Section 404.7 (Food Preparation) shall be amended to read as follows: Spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. Per Section 14-318 (State Health Rules Adopted) of the Maplewood Code of Ordinances and Minnesota Administrative Rules, Section 4626.1425 (Private Homes and Living Quarters; Use Prohibition), a private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters must not be used for conducting food establishment operations. (f) Mechanical and Electrical Requirements (IPMC Chapter 600) (1) Section 602.3 (Heat Supply) shall be amended to read as follows: Every owner or operator or any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1 to June 1 to maintain a minimum temperature of 68 degrees F (20 degrees C) in all habitable rooms, bathrooms, and toilet rooms. (2) Section 602.4 (Occupied Work Space) shall be amended to read as follows: Indoor occupiable work spaces shall be supplied with heat during the period of September 1 to June 1 to maintain a minimum temperature of 65 degrees F (18 degrees C) during the period the spaces are occupied. June 8, 2020 29 City Council Meeting Minutes Article V. Reserved. Section 2. This ordinance shall be effective following its adoption and publication. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Each councilmember shared thoughts on current events. Mayor Abrams adjourned the meeting at 9:21 p.m. Andrea Sindt, City Clerk June 8, 2020 30 City Council Meeting Minutes