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HomeMy WebLinkAbout03-27-2000MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 27, 2000 Council Chambers, Municipal Building Meeting No. 00-06 A. CALL TO ORDER: A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE: C. ROLL CALL: Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present D. APPROVAL OF MINUTES: Councilmember Wasiluk moved to approve the minutes of CounciUManager Worksho~(March 6. 2000) as presented. Seconded by Councilmember Koppen Ayes -all Councilmember Allenspach moved to approve the minutes of Meeting 00-05 (March 13. 2000) as presented. Seconded by Councilmember Koppen Ayes -all E. APPROVAL OF AGENDA: Councilmember Allenspach moved to approve the Agenda as amended. Ll. Leanne Claseman Ml. Tartan Area Joint Powers Board Seconded by Councilmember Wasiluk Ayes -all 1 F. APPOINTMENTS/PRESENTATIONS: None G. CONSENT AGENDA: Councilmember Allenspach moved to approve Consent Agenda Items Gl through G4 as presented and move Consent Agenda Item G5 to New Business (K5) as requested by Councilmember Collins. Seconded by Councilmember Collins Ayes -all 1. Approval of Claims ACCOUNTS PAYART.F. $36,378.90 Checks #8246 thru #8250 dated 3-3 thru 3-9-00 $206,331.77 Checks #48726 thru #48817 dated 3-14-00 $118,564.77 Disbursements via debits to checking account dated 3-7 thru 3-13-00 $7,583.00 Checks #8251 thru #8252 dated 3-10 thru 3-14-00 $84,546.29 Checks #48848 thru #48936 dated 3-21-00 $165,421.52 Disbursements via debits to checking account dated 3-14 thru 3-20-00 $618,826.25 Total Accounts Payable PAYROLL $307,493.21 Payroll Checks and Direct Deposits dated 3-17-00 $22,838.77 Payroll Deduction check #77640 thru #77645 dated 3-17-00 $330,331.98 Total Payroll $949,158.23 GRAND TOTAL 2. Ramsey County Family Service Center -Conditional Use Permit Review (2001 Van Dyke Street) Agreed to review the conditional use permit for the Ramsey County Family Service Center at 2001 Van Dyke Street again in one year. 2 3. Adelphia Right-of-Way Agreement Authorized appropriate city officials to execute aright-of--way agreement, allowing Adelphia Business Solutions to operate within the city right of way. 4. Presentation of the Blessed Virgin Mary Church -Miscellaneous Permits -Temporary Beer, Carnival, and Temporary Food -Annual Event Approved the carnival license request contingent upon the applicant meeting inspection requirements by Fire Marshall Butch Gervais. H. PUBLIC HEARINGS: 1. 7:04 Tax-Exempt Revenue Financing Request -Minnesota Waldorf School (70 County Road B East) a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Haider introduced the staff report. a Community Development Director Coleman presented the specifics of the report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Steve Fenlon, Financial Consultant, Midwest Health Care Capital Sian Owen-Cruise, Minnesota Waldorf School e. Mayor Cardinal closed the public hearing. Councilmember Allenspach moved the following Resolution, approving up to $2.4 million in tax-exempt revenue financing for Minnesota Waldorf School at 70 County Road B East. This approval is subject to the Minnesota Waldorf School meeting the city~s tax-exempt financing requirements. RESOLUTION 00-03-037 RESOLUTION APPROVING THE ISSUANCE AND SALE OF A $2,250,000 REVENUE NOTE, SERIES 2000 AND AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF THE PROJECT TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND THE EXECUTION OF DOCUMENTS RELATING THERETO (MINNESOTA WALDORF SCHOOL PROJECT) WHEREAS, (1) Minnesota Statutes, Chapter 469.152 to 469.1651 (the "Act") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (2) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (3) The City Council of the City of Maplewood, Minnesota (the "City"), has received a proposal from Minnesota Waldorf School, a Minnesota nonprofit corporation organized under the laws of the State of Minnesota (the "Borrower"), that the City assist in financing a Project hereinafter described, through the issuance of one or more Revenue Notes hereinafter referred to in this resolution as "Revenue Note" or "Note" pursuant to the Act; (4) The City desires to facilitate the selective development of the community, promote education for children, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives and will enhance the image and reputation of the community; (5) The Borrower is engaged in the business of education. The Project to be financed by the Revenue Note is the acquisition, construction and equipping of an approximately 20,000 square foot preschool and elementary and middle school for grades K-8 (the "Project"). The Project will be located at 70 County Road B East in the City. The Project will initially be owned and operated by the Borrower; (6) The City has been advised by representatives of the Borrower that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but the Borrower has also advised the City that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; and (7) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: SECTION 1. APPROVAL OF PROPOSAL. The City Council hereby approves the proposal of the Borrower that the City undertake the Project pursuant to the Act subject to the approval of the Project by the Minnesota Department of Trade and Economic Development and final approval by the Borrower and the purchaser of the Revenue Note as to the ultimate details of the financing of the Project. The City and the Borrower will enter into a revenue agreement upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Note in the 4 maximum aggregate principal amount of $2,250,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project. SECTION 2. PROJECT FURTHERS STATUTORY PURPOSES. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Section 469.153, Subdivision 2, of the Act; that the Project furthers the purposes stated in Minnesota Statutes, Section 469.152; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City provide educational facilities for children, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and otherwise furthering these and other purposes set forth in Minnesota Statutes, Section 469.152. SECTION 3. PAYMENT OF CITY'S EXPENSES. The Borrower has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Minnesota Department of Trade and Economic Development will be paid by the Borrower. SECTION 4. BOND COUNSEL AND DOCUMENTS. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, the Borrower and the purchaser of the Revenue Note as to the maturities, interest rate and other terms and provisions of the Revenue Note and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval. SECTION 5. REVENUE NOTE IS NOT DEBT OF THE CITY. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project. The Revenue Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Note shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Note or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Note shall recite in substance that the Revenue Note, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. SECTION 6. PRELIMINARY BORROWER EXPENSES. In anticipation of the approval by the Minnesota Department of Trade and Economic Development the issuance of the Revenue Note to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, the Borrower is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Note as the Borrower considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Revenue Note if and when delivered but otherwise without liability on the part of the City. SECTION 7. LEGAL AUTHORIZATION AND FINDINGS. a. Findings. The City hereby finds, determines and declares as follows: (8) The City is a municipal corporation and a political subdivision of the State of Minnesota and is authorized under Minnesota Statutes, Section 469.152 to 469.165, as amended (the "Act") to assist the revenue producing project herein referred to, and to issue and sell the Note, as hereinafter defined, for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. (9) As required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the City has, on the date hereof, held a public hearing on the issuance of one or more revenue notes to finance the Project. (10) The issuance and sale of the Note, pursuant to the Act, is in the best interest of the City, and the City hereby determines to issue the Note and to sell the Note to Western Bank (the "Lender"), as provided herein. The City will loan the proceeds of the Note (the "Loan") to the Borrower in order to finance the Project. (11) Pursuant to a Loan Agreement (the "Loan Agreement") to be entered into between the City and the Borrower, the Borrower has agreed to repay the Note in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to the construction, the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and the Borrower deem necessary or desirable for the financing of the Project. A draft of the Loan Agreement has been submitted to the City Council. (12) Pursuant to a Pledge Agreement (the "Pledge Agreement") to be entered into between the City and the Lender, the City has pledged and granted a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses). A draft of the Pledge Agreement has been submitted to the City Council. (13) Pursuant to a Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage") to be executed by the Borrower in favor of the City, the Borrower has secured payment of amounts due under the Loan Agreement and Note by granting to the City a mortgage and security interest in the property described therein. Pursuant to an Assignment of Mortgage executed by the City (the "Assignment"), the City has assigned the Mortgage to the Lender. A draft of the Mortgage and Assignment have been submitted to the City. (14) Pursuant to a Disbursing Agreement (the "Disbursing Agreement") by and between the Borrower, Land Title, Inc. and the Lender, the disbursing agent will disburse the proceeds of the Note to the Borrower to acquire, construct, and equip the Project. 6 (15) It is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of financing the costs of the Project. b. Authorization and Ratification of Project. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of the Act and subject to the terms and conditions imposed by the Lender, to provide for the acquisition and equipping of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as maybe required for the construction and acquisition of other municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority. SECTION 8. THE NOTE. a. Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form submitted to the Council on the date hereof, and shall mature in the years and amounts and be subject to redemption as therein specified, as such maybe modified by agreement of the Lender, the Borrower and the City; and the total aggregate principal amount of the Note that maybe outstanding hereunder is expressly limited to $2,250,000, unless a duplicate Note is issued pursuant to Section 8.7. The offer of the Lender to purchase the Note at a purchase price of $2,250,000 is hereby accepted. b. The Note. The Note shall be dated as of the date of delivery to the Lender, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. c. Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and shall be sealed with the seal of the City; provided that the seal maybe intentionally omitted as provided by law. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such signatory had remained in office until delivery. In the event of the absence or disability of the Mayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further actor authorization of the City Council execute and deliver the Note. d. Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1~ an executed copy of each of the following documents: (1) the Loan Agreement; (2) the Pledge Agreement; (3) the Disbursing Agreement; (1'~ an opinion of Counsel for the Borrower as prescribed by the Lender and 7 Bond Counsel; (18) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (19) a 501(c)(3) determination letter from the Internal Revenue Service evidencing that the Borrower is exempt from income taxation under Section 501(c)(3) of the Code; (20) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. e. Disposition of Note Proceeds. Upon delivery of the Note to Lender, the Lender shall, on behalf of the City, disburse the proceeds of the Note for payment of Project Costs in accordance with the terms of the Disbursing Agreement. £ Registration of Transfer. The City will cause to be kept at the office of the City Clerk 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 Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the Clerk, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the within Note of the City of Maplewood, 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 Section 8.9 of the Resolution authorizing the issuance of the Note. Dated: Registered Owner Upon such transfer the Clerk shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note. g. Mutilated. Lost or Destroyed Note. In case any Note issued hereunder 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 Lender's paying the reasonable expenses and 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 or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. h. Ownership of Note. 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. Limitation on Note Transfers. 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 as an exempt security or as an exempt transaction. j. Issuance of New Notes. Subject to the provisions of Section 8.9, the City shall, at the request and expense of the Lender, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. SECTION 9. MISCELLANEOUS. a. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. b. Authentication of Transcript. The officers of the City are directed to furnish tc Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. c. Ratification of Prior Actions. All prior actions taken by City Staff in directing Briggs and Morgan, Professional Association, acting as Bond Counsel, to prepare and publish the Notice of Public Hearing for the public hearing held on the date hereof, are hereby ratified, confirmed and approved. d. Authorization to Execute Agreements. The forms of the proposed Loan Agreement, the Pledge Agreement, the Mortgage, the Assignment and the Disbursing Agreement are hereby approved in substantially the form heretofore presented to the City 9 Council, together with such additional details therein as maybe necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as maybe necessary and appropriate and approved by Bond Counsel and the City Attorney prior to the execution of the documents, and the Mayor and City Clerk of the City are authorized to execute the Loan Agreement, the Assignment and the Pledge Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 2. Qualified Tax Exempt Obligation. In order to qualify the Note as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the City hereby makes the following factual statements and representations; (1) The Note is not treated as a "private activity bond" under Section 265(b)(3) of the Code; (2) The City hereby designates the Note as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Code; (3) The reasonably anticipated amount oftax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(C) of the Code) which will be issued by the City (and all entities whose obligations will be aggregated with those of the City) during the calendar year 2000 will not exceed $10,000,000; and (4) Not more than $10,000,000 of obligations issued by the City during the calendar year 2000 have been designated for purposes of Section 265(b)(3) of the Code. Adopted by the City Council of the City of Maplewood, Minnesota, this 27~' day of March, 2000. Seconded by Councilmember Koppen Ayes -all 2. 7:10 Wheeler Lumber Landscape Material Center (Southwest Corner of English Street and Gervais Avenue) A. Conditional Use Permit B. Design Plan Approval a. Mayor Cardinal convened the meeting for a public hearing. 10 b. Acting City Manager Haider introduced the staff report. a Community Development Director Coleman presented the specifics of the report. d. Commissioner Gary Pearson presented the Planning Commission report. e. Boardmember John La Casse presented the Community Design Review Board report. f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Ken Fields, Representing Wheeler, 3340 Republic Avenue, St. Louise Park John Olson, Representing Wheeler Terry Anders, Representing Wheeler g. Mayor Cardinal closed the public hearing. Councilmember Koppen moved the following Resolution, approving a conditional use permit for the outdoor storage of landscape materials on the property at the southwest corner of Gervais Avenue and English Street. The city bases approval on the findings required by the code and subject to the following conditions: RESOLUTION 00-03-038 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Wheeler Lumber, LLC, applied for a conditional use permit for outdoor storage: WHEREAS, this permit applies to property located at the southwest corner of Gervais Avenue and English Street. The legal description is: THE EAST 353 FEET OF BLOCK 24, CLIFTON ADDITION, EXCEPT THE SOUTH 100 FEET THEREOF, SECTION 9, TOWNSHIP 29, RANGE 22, RAMSEY COUNTY, MINNESOTA. WHEREAS, the history of this conditional use permit is as follows: 1. On March 6, 2000, the planning commission recommended that the city council approve this permit. 2. On March 27, 2000 the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit based on the building and site plans. The city approves this 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 11 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not 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 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. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. 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 city council shall review this permit in one year. 4. The city council may require more parking spaces should the need arise. The Maplewood City Council adopted this resolution on March 27, 2000. Seconded by Councilmember Wasiluk Ayes -all Councilmember Koppen moved to approve the plans dated January 27. 2000, for the Wheeler Lumber and Landscape materials storage facility on the southwest corner of English Street and Gervais Avenue, based on the findings required by the code. The property owner or applicant shall: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Submit the following to staff for approval before getting a building permit: a. A grading, drainage, utility and erosion control plan. b. A landscape plan for the lawn on the east side of the site. This area shall be sodded and planted with a combination of evergreen trees and deciduous trees and shrubs. 12 3. Complete the following before getting an occupancy permit: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. The existing trees on the north side of the proposed site must not be removed. c. Provide one van-accessible handicap parking space with loading aisle and handicap- parking sign as the ADA (Americans with Disabilities Act) requires. d. Construct a trash dumpster enclosure if there will be any outdoor storage of refuse. The enclosure must match the building in color and materials and shall have a closeable gate that is 100 percent opaque. e. The six-foot-tall chain link fence must have a top rail and have dark green slats around the entire storage yard. Install an in-ground sprinkler system for all lawn areas on the front (east side) of the site unless the applicant provides an alternate watering method acceptable to staff to keep the plantings watered. g. Provide site-security lighting as required by the city code. The light source, including the lens covering the bulb, shall be concealed or shielded so not to cause any nuisance to vehicle drivers or to adjacent property owners. h. The buildings shall have matching exteriors ofvertical-groove wood siding and be kept painted or stained in good repair. The colors of the two buildings shall be the same. 4. 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 city receives cash escrow for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. a The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes -all I. AWARD OF BIDS None 13 J. UNFINISHED BUSINESS None K. NEW BUSINESS 1. Appeal of Staff Approval -Increased Front Setback (Century Avenue) a. Acting City Manager Haider introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. a Mayor Cardinal asked if anyone wished to speak before the Council regarding this matter. The following persons were heard: Robert Hennen, 2712 Brand Street James Piekarski, 2722 Brand Street Michael McCarthy, applicant Councilmember Collins moved to approve the site plan (including all setbacks) for Michael McCarthy new house and the driveway on the Century Avenue lot. Seconded by Councilmember Allenspach Ayes -Councilmembers Collins and Allenspach Nays -Mayor Cardinal and Councilmembers Koppen and Wasiluk 2. Tax-Forfeited Properties -Van Dyke Street a. Acting City Manager Haider introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. a Mayor Cardinal asked if anyone wished to speak before the Council regarding this matter. The following person was heard: Julie Stensland, Bannigan and Kelly, PA, answered questions regarding tax-forfeited properties. Councilmember Koppen moved to direct the Housing and Redevelopment Authorit3%(HRA) to bu, f Ramsey County the four tax-forfeit properties on the west side of Van Dyke Street between County Road B and Cope Avenue for the development of low to moderate or mixed income housing. Seconded by Councilmember Wasiluk Ayes -all 3. Hazelwood Street Improvements -Project 99-07 14 A. Approve Plans and Advertise for Bids B. Order Assessment Roll a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to approve the following Resolution, approving plans and advertising for bids for Hazelwood Street Improvements -Project 99-07. RESOLUTION 00-03-039 APPROVING PLANS & ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on January 24, 2000, plans and specifications for the Hazelwood Street Improvements, Project 99-07, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construcrion Bullerin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m., on the 5th day of May, 2000, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 8, 2000. Seconded by Councilmember Allenspach Ayes -all Councilmember Koppen moved to approve the following Resolution, ordering preparation of assessment roll for Hazelwood Street Improvements -Project 99-07. RESOLUTION 00-03-040 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the improvement of Hazelwood street, City Project 99-07. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, 15 MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Allenspach Ayes -all 4. Old Gladstone Fire Station a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to reject the bids and retain the property for inside storage of public works equipment. Seconded by Councilmember Wasiluk Discussion Councilmember Koppen moved to withdraw his previous motion . Seconded by Councilmember Wasiluk Councilmember Collins moved to table and directed staff to provide additional information. Seconded by Mayor Cardinal Ayes -all 5. Acting Managers Compensation Mayor Cardinal moved to approve compensation for the acting city manager in the amount of $1,500 per month plus 2 weeks vacation when the new City Manager is hired. Seconded by Councilmember Koppen L. VISITOR PRESENTATIONS Ayes -Mayor Cardinal and Councilmembers Allenspach, Koppen and Wasiluk Nays -Councilmember Collins 1. Leanne Claseman, the reigning Mrs. Maplewood for the year 2000, announced that she will be representing the City of Maplewood in the Mrs. Minnesota Pageant on June 24, 2000 at the Fitzgerald Theater in St. Paul. 16 M. COUNCIL PRESENTATIONS 1. Councilmember Allenspach announced that the roof on the Tartan Ice Arena was in dire need of repair and the Tartan Area Joint Powers Board (School District 622, City of Oakdale, and City of Maplewood) has presented a proposal to do the repair. The repair would cost the City of Maplewood $94,355. Councilmember Allenspach directed staff to prepare a report on this matter for the April Council/Manager Workshop and stressed that action will need to be taken at this workshop. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Councilmember Allenspach moved to adjourn the meeting at 8:24 P. M. Seconded by Mayor Cardinal Ayes -all Karen E. Guilfoile, City Clerk 17