HomeMy WebLinkAbout05-08-2000MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, May 8, 2000
Council Chambers, Municipal Building
Meeting No. 00-09
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 Meeting No. 00-08 (April 24, 2000) as presented.
Seconded by Councilmember Allenspach Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Wasiluk moved to approve the Agenda as amended.
K3. Add North High Academic Decathlon
M 1. Pawn Shops and Check Cashing Shops
M2. Commissions
M3. Ed Omara
M4. Travel and Training
M5. Access to City Offices
Seconded by Councilmember Koppen Ayes -all
F. APPOINTMENTS/PRESENTATIONS:
None
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G. CONSENT AGENDA:
Councilmember Koppen moved to approve the Consent Agenda as presented.
Seconded by Councilmember Wasiluk Ayes -all
1. Approval of Claims
ACCOUNTS
PAYABLE
$42,133.45 Checks #8276 thru #8282 dated 4-14 thru 4-19-00
$130,961.49 Checks #49371 thru #49452 dated 4-25-00
$107,727.46 Disbursements via debits to checking account
dated 4-18 thru 4-24-00
$2,429.00 Checks #8283 thru #8288 dated 4-21 thru 4-28-00
$224,450.29 Checks #49455 thru #49547 dated 5-2-00
$208,315.98 Disbursements via debits to checking account
dated 4-25 thru 5-1-00
$716,017.67 Total Accounts Payable
PAYROLL
$464,534.20 Payroll Checks and Direct Deposits dated 4-28-00
$22,686.05 Payroll Deduction check #78379 thru #78384 dated 4-28-00
$487,220.25 Total Payroll
$1,203,237.92 GRAND TOTAL
2. Liquor License - Ardeshir Boozary at the Future Bennigan~s Restaurant
Approved the On-Sale Liquor License for Ardeshir Boozary to be used at the future Bennigan~ Restaurant.
3. Temporary Food License Fee Waiver -Boy Scout Troop 187
Approved the miscellaneous permit to sell food at the Arlington Hills United Methodist Church and waived the
$43.00 permit fee.
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4. Temporary Food License Fee Waiver -Cub Scout Pack 64
Approved the miscellaneous permit to sell food at the Cross Lutheran Church and waived the $43.00 permit fee.
5. Amendment to the Maplewood Nature Center Deed
Adopted the following Resolution, amending the nature center deed and furthermore, that the city attorney be
directed to modify the nature center deed to include the two restrictions as outlined in the resolution:
RESOLUTION 00 - OS - 051
WHEREAS, the State of Minnesota, Department of Taxation conveyed to the City of Maplewood
certain tax forfeited lands, now known as the Maplewood Nature Center, in January, 1968.
WHEREAS, the Minnesota Department of Natural Resources has requested that the City of Maplewood
amend the above-referenced deed to comply with the Department of Natural Resources Outdoor Recreation
Project Agreement.
AND WHEREAS, the above referenced deed will be amended to add the following restrictions:
1. The property shall be managed and maintained for outdoor recreation purposes consistent
with the approved grant application; and
2. The property may not be used for any other purpose without the express prior written approval of
the Commissioner of the Minnesota Department of Natural Resources.
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MAPLEWOOD, COUNTY OF
RAMSEY, STATE OF MINNESOTA:
1. That the City of Maplewood will amend the above-referenced deed to add the restrictions
requested by the Department of Natural Resources.
Dated this 8th day of May, 2000.
6. Budget Adjustment for Park Development Fund
Directed the finance director to prepare a budget modification to include a line item in the P.A.C. fund in the
amount of $50,000 from the uncommitted P.A.C. fund balance for minor park improvements.
7. Bids for Used Vehicles -Police Department
Accepted the bids that were opened on April 21, 2000, for used police and forfeited vehicles.
8. Conditional Use Permit Review -Pep Boys (South of 2570 White Bear Avenue)
Approved the review of the conditional use permit for Pep Boys Automotive Center south of 2570 White Bear
Avenue in one year if construction has started. If the applicant does not begin construction within one year, this
permit shall end as required by the code.
H. PUBLIC HEARINGS:
1. 7:00 P.M. Hazelwood Street Improvements, Project 99-07 -Assessment Hearing
a. Mayor Cardinal convened the meeting for a public hearing.
b. Acting City Manager Haider introduced the staff report and presented the specifics of the
report.
c. City Attorney Kelly explained the procedure for public hearings.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Austin Ward, 2555 Hazelwood Street
Clarence and Donna Gervais, 2420 Hazelwood Street
Carol VanKnight, 2566 Hazelwood Street
Kraig Galloway, 2460 Hazelwood Street
Evelyn Galloway, 2480 Hazelwood Street
Doug Frid, 2467 Hazelwood Street
Mike Voss, 1522 East Brooks Avenue
John Simons, 2409 Hazelwood Street
Steve Starlow, 1763 Barclay Street
e. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following Resolution, approving the adoption of the Assessment
Roll for Project 99-07:
RESOLUTION 00 - OS - 052
ADOPTION OF THE ASSESSMENT ROLL
WHEREAS, pursuant to proper notice duly given as required by law, the city council has met and heard
and passed on all objections to the proposed assessment for the construction of Hazelwood Street Improvements
as described in the files of the city clerk as Project 99-07, and has amended such proposed assessment as it
deems just,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
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1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof,
is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of
land therein included is hereby found to be benefited by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of 15, the
first of the installments to be payable on or after the first Monday in January, 2001, and shall bear interest at the
rate of 7.0 percent per annum from the date of the adoption of this assessment resolution. To the first
installment shall be added interest on the entire assessment from the date of this resolution until December 31,
2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments.
3. It is hereby declared to be the intention of the council to reimburse itself in the future for the portion
of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and
hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not
made, upon any properties abutting on the improvement but not herein assessed for the improvement, when
changed conditions relating to such properties make such assessment feasible.
4. To the extent that this improvement benefits nonabutting properties which maybe served by the
improvement when one or more later extensions or improvements are made, but which are not herein assessed,
therefore, it is hereby declared to be the intention of the council, as authorized by Minnesota Statutes Section
420.051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of
such later extension or improvements.
5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county, and such assessments shall be collected and paid over in the
same manner as other municipal taxes.
Seconded by Councilmember Allenspach Ayes -all
2. 7:10 P.M. (8:00) Club FTS Conditional Use Permit (1351 Frost Avenue)
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. Commissioner Dale Trippler presented the Planning Commission report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Ron Michaletz, 303 Cherry Lane, Lino Lakes
f Mayor Cardinal closed the public hearing.
Councilmember Allenspach moved to adopt the following Resolution, approving a conditional use permit for a
coffee lounge at 1351 Frost Avenue. Approval is based on the findings required by the code and subject to:
RESOLUTION 00 - OS - 053
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Ron Michaletz applied for a conditional use permit for a coffee shop in a BC(M) (business
commercial modified) district.
WHEREAS, this permit applies to 1351 Frost Avenue. The legal description is:
GLADSTONE, RAMSEY COUNTY, MINNESOTA, BLOCK 7
WHEREAS, the history of this conditional use permit is as follows:
1. On April 17, 2000, the planning commission recommended that the city council approve this permit.
2. On May 8, 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 approved 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
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.
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Approval is subject to the following conditions:
1. All construction, renovations and improvements shall comply with the building code.
2. The proposed use must be substantially started within one year of council approval or the permit
shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year, unless the use is in operation and there have
been no complaints or problems. In this event, the conditional use permit shall be reviewed again
only if a problem arises.
4. The hours of operation shall be: 4 p.m. to 10 p.m. Sunday through Thursday and 4 p.m. to 1 a.m.
Friday and Saturday. The city council may review these hours and make adjustments as warranted
if there are complaints.
5. Before the city issues an occupancy certificate for this use, the property owner shall cleanup the
property behind the building, repair the canopy on the front of the building, replace the broken
window pane on •Permanent Skin Art,•rinstall a 100 percent solid gate on the front of the trash
enclosure and restripe the parking lot.
The Maplewood City Council adopted this resolution on May 8, 2000.
Seconded by Councilmember Koppen Ayes -all
Councilmember Allenspach moved to approve that the property owner clean up the property behind the
building, repair the canopy on the front of the building, replace the broken window pane on •Permanent Skin
Art^ install a 100 percent solid gate on the front of the trash enclosure and restripe the parking lot. These items
shall be performed even if the applicant drops his request. The deadline for this work shall be two months from
the date of this council action.
Seconded by Councilmember Koppen Ayes -all
3. 7:20 P.M. (8:10 P.M.) Forest Products Shop (Highway 61 and County Road C)
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. Commissioner Dale Trippler presented the Planning Commission report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Mike Trenda, 2474 Adele Street
Rick Sorenson, 1215 County Road C
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Conrad Solaberg, Property Owner
Frederick Richter, Steiner Development, Architect for the Project
£ Mayor Cardinal closed the public hearing.
A. Setback Variance
Councilmember Koppen moved to adopt the following Resolution, approving a 22-foot building setback from
the Highway 61 right-of--way, aseven-foot parking lot setback variance from the frontage road right-of--way,
and a variance fora 5% lot shoreland coverage variance. The code requires 30 feet and 15 feet:
RESOLUTION 00 - OS - 054
VARIANCE RESOLUTION
WHEREAS, Conrad Solberg, of Forest Products, applied fora 22-foot building setback variance to
build acabinet-shop building eight feet from the Highway 61 right-of--way, for aseven-foot parking lot setback
variance to build a corner of a parking lot eight feet from the frontage road right-of--way and fora 5 percent lot-
coverage variance to exceed the maximum permitted lot coverage in a shoreland boundary area.
WHEREAS, these variances apply to the undeveloped property at the northeast corner of Highway 61
and County Road C. The legal description is:
THE EAST 150 FEET OF THE WEST 394.54 FEET OF THE SOUTH 316.30 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 29,
RANGE 22; ALSO THAT PART OF THE SOUTH 349.31 FEET OF THE WEST 199.54 FEET AT
SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4 LYING
EASTERLY OF THE ORIGINAL CENTER LINE OF WHITE BEAR LAKE ROAD.
WHEREAS, Section 36-28(c)(5 and 6) requires that buildings be set back 30 feet from street right-of-
way and that parking lots be set back 15 feet from street right-of--way.
WHEREAS, the applicant is proposing that their building have an eight foot setback, that their parking
lot also have an eight foot setback at one point and that the total impervious-surface area exceed the allowed lot
coverage by 5 percent.
WHEREAS, this requires variances of 22 feet, seven feet and 5 percent.
WHEREAS, the history of these variances is as follows:
1. On April 11, 2000, the community design review board recommended that the city council approve
these variances and on April 17, 2000 the planning commission recommended the same.
2. The city council held a public hearing on May 8, 2000. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners as required by law. The
council gave everyone at the hearing an opportunity to speak and present written statements. The
council also considered reports and recommendations from the city staff and planning commission.
since
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described variances
1. Compliance with the code would cause the developer undue hardship because of the unusual
triangular-shaped lot. The lot shape makes it difficult to meet setback requirements because of its
tapered shape.
2. Approval of the building setback variance would be in keeping with the spirit and intent of the
ordinance because of the wide highway boulevard.
3. Approval of the parking lot setback variance would be in keeping with the spirit and intent of the
ordinance because only a point of the parking lot would encroach into the setback area.
4. The narrow strip of land east of the frontage road that is part of this property is not needed as part of
this development and need not be considered in the total square foot area of the site. Its omission
from the lot area, however, causes the need for the lot coverage variance.
The Maplewood City Council adopted this resolution on May 8, 2000.
Seconded by Mayor Cardinal Ayes -all
B. Conditional Use Permit
Councilmember Koppen moved to adopt the following Resolution, approving a conditional use permit to build
a cabinet shop that would be closer than 350 feet to a residential district at the northeast corner of Highway 61
and County Road C. Approval is based on the findings required by the ordinance and is subject to the
following conditions:
RESOLUTION 00 - OS - 055
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Conrad Solberg, of Forest Products, applied for a conditional use permit to construct a
building closer than 350 feet to property zoned for residential.
WHEREAS, this permit applies to the undeveloped property at the northeast corner of Highway 61 and
County Road C. The legal description is:
THE EAST 150 FEET OF THE WEST 394.54 FEET OF THE SOUTH 316.30 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 29,
RANGE 22; ALSO THAT PART OF THE SOUTH 349.31 FEET OF THE WEST 199.54 FEET AT
SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4 LYING
EASTERLY OF THE ORIGINAL CENTER LINE OF WHITE BEAR LAKE ROAD.
WHEREAS, the history of this conditional use permit is as follows:
1. On April 17, 2000, the planning commission recommended that the city council approve the
conditional use permit for the proposed building placement.
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2. The city council held a public hearing on May 8, 2000. City staff published a notice in the paper
and sent notices to the surrounding property owners as required by law. 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, because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity with
the city~s comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation that
would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water 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 situ natural and scenic features
into the development design.
9. The use would cause minimal adverse environmental effects.
Seconded by Mayor Cardinal Ayes -all
C. Design Approval
Councilmember Koppen moved to approve the plans date-stamped March 15, 2000, for the proposed Forest
Product cabinet shop at the northeast corner of Highway 61 and County Road C. The owner shall do the
followine:
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2. The proposed construction must be substantially started within one year of council approval or the
permit shall become null and void. The council may extend this deadline for one year.
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3. The city council shall review this permit in one year.
4. Work should not be done with the doors open. If the dust collector system by the dock causes
excessive noise, the property owner should take steps to provide sound dampening.
5. There shall not be any outdoor storage unless the city council approves a conditional use permit for
outdoor storage.
The Maplewood City Council approved this resolution on May 8, 2000.
Seconded by Mayor Cardinal Ayes -all
4. 7:30 P.M. (8:48 P. M.) Conditional Use Permit and Design Review -Fresh Paint Warehouse
(1055 Gervais Avenue)
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. Commissioner Trippler presented the Planning Commission report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Mike Trenon, 2474 Adele Street
Sheriff Benjamin, 2473 Adele Street
Mike Westermeier, 2458 Adele Street
Thomas Hart, Winthrop and Weinstine, Attorney Representing the Project
Tom Schaffhausen, Sanas Capital Investments
Mayor Cardinal closed the public hearing.
A. Conditional Use Permit
Councilmember Koppen moved to adopt the following Resolution, approving a conditional use permit for
Thomas Schaffhausen of Sanas Canital Investments to construct an office/warehouse building on the nronertv at
1055 Gervais Avenue. This request needs this permit because the new building would be closer than 350 feet to
a residential district. The city bases the annroval on the findings required by code and is subiect to the
following conditions
RESOLUTION 00 - OS - 056
CONDITIONAL USE PERMIT RESOLUTION
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WHEREAS, Tom Schaffhausen, of Sanas Capital Investments, applied for a conditional use permit to
build an office/warehouse facility in an M-1 (light manufacturing) district closer than 350 feet to a residential
district.
WHEREAS, this permit applies to the property at 1055 Gervais Avenue. The legal description is:
Subject to Bedell Road (Gervais Avenue), the East 150 feet of the South 290 4/10 feet of the Southeast
1/4 of the Northwest 1/4 of Section 9, Township 29, Range 22, Maplewood, Ramsey County,
Minnesota.
WHEREAS, the history of this conditional use permit is as follows:
1. On April 17, 2000, the planning commission recommended that the city council approve this
permit.
2. The city council held a public hearing on May 8, 2000. City staff published a notice in the paper
and sent notices to the surrounding property owners as required by law. 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, because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity with
the city's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation that
would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would 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.
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Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city date-stamped January 20, 2000,
except that the owner shall remove the garage from the site. The existing house shall be painted or
sided to match the new building.
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 additional parking in the future if the council determines that there is a
need for additional parking on the site.
5. There shall be no outdoor storage of vehicles, equipment, materials or supplies, except the personal
vehicles of the employees, permitted on the site.
6. Except in the event of a bona fide emergency, the applicants commercial traffic and vehicles shall
use Gervais Avenue and the Highway 61 frontage road for access to this site. The applicant or
owner shall use all reasonable efforts to insure that commercial vehicles under its control do not use
Cypress Street for access to or from this site.
7. The normal hours of operation shall be from 7 a.m. to 7 p.m., Monday through Saturday, although
the foregoing shall not prohibit employees or representatives of the applicant, owner, or its tenants
from being on the site outside the foregoing hours. Such activities and site visits shall be conducted
in a manner to avoid unnecessary noise and shall not cause a nuisance to the nearby residential
properties.
8. The lighting on the site shall be wall orpost-mounted and shall shine toward the site.
9. Clean the site by removing all vehicles, unused and inoperable equipment, debris and all other
unused/unusable items.
10. If the city council allows the house to stay on the property, then the occupants of the house shall
have a direct business connection with the business on the site. In addition, the house shall not be
rented to or sold to any person or party that does not have a direct business relationship with the
business on the property. The owner shall notify city staff on any change of tenant notify and/or
request an amendment to the Conditional Use Permit if changed to commercial use.
The Maplewood City Council approved this resolution on May 8, 2000.
Seconded by Councilmember Allenspach
B. Design Approval
Ayes - Councilmembers Allenspach, Collins and Koppen
Nays -Councilmember Wasiluk
Abstain -Mayor Cardinal
Councilmember Koppen moved to approve the plans date-stamped January 20. 2000, for the Fresh Paint facility
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at 1055 Gervais Avenue, based on the findings required by 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. Before the city issues a building permit for the new office/warehouse, complete the following:
a. Have the community design review board (CDRB) approve a screening plan for the area on the
west side of the proposed parking lot between the proposed building and the existing house. This
screening must be at least 80 percent opaque and at least six feet tall. The screening requirement
maybe met with a berm, a fence, plantings or a combination of design and materials.
b. Submit a grading, drainage, utility and erosion control plan to the city engineer for approval.
The erosion control plan shall meet all ordinance requirements. The grading and storm water
plans shall direct all impervious surfaces (roofs, driveway and parking areas) to the south and
into a storm sewer that the developer connects to the existing city system to the west of the site.
c. Submit abuilding-color scheme of neutral colors to city staff for approval.
d. Get a demolition permit from the city and remove the existing garage and house. If the city
council allows the house to stay on the site, then get a demolition permit for the garage.
e. Submit a lighting plan as required by the code showing the light spread and fixture design for
site lights. The light fixtures must have concealed lenses and bulbs to properly shield glare from
the residents.
3. Complete the following before occupying the new office/warehouse building:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards. Restore and seed or sod any and all disturbed ground such
as the areas of driveway or blacktop removal. Remove all old driveway entrances and restore
with sod.
c. Provide handicap-accessible parking spaces as the ADA (Americans with Disabilities Act)
requires. Install ahandicap-parking sign for each handicap-parking space.
d. Screen all roof-mounted equipment visible from adjacent residential properties. Such equipment
visible on non-residential sides must be painted to match the building color. (code requirement)
e. 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.
£ Install an in-ground sprinkler system for all lawn areas on the front and on the sides of the new
office/warehouse building and on all sides of the existing house.
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. There shall be no lighting on the back of the building unless
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required by the building code.
h. Post the west side of the new driveway and the west side of the parking area for •no parking.••
i. Install continuous concrete curb and gutter around all parking areas and the driveway.
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 Allenspach Ayes - Councilmembers Allenspach, Collins and Koppen
Nays -Councilmember Wasiluk
Abstain -Mayor Cardinal
I. AWARD OF BIDS
1. Hazelwood Street Improvements, City Project 99-07
a. Acting City Manager Haider introduced the staff report and presented the specifics of the
report.
Councilmember Allenspach moved to adopt the following Resolution, awarding the bid for Hazelwood Street
Improvements. Cit,~ Project 99-07 to T.A. Schifsky and Sons. Inc. in the amount of $609.138.43:
RESOLUTION 00-OS-057
RESOLUTION FOR AWARD OF BIDS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.
A. Schifsky and Sons, Inc. in the amount of $609,138.43 is the lowest responsible bid for the construction of
Hazelwood Street Improvements from Gervais Avenue to County Road C, City Project 99-07 and the mayor
and clerk are hereby authorized and directed to enter into a contract with the said bidder for and on behalf of the
city.
The finance director is hereby authorized to make the financial transfers necessary to implement the
financing plan for the project.
TABULATION OF BIDS
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Pursuant to due call and notice thereof, a special meeting of the officials designated for a bid opening by the
City Council of Maplewood was convened at 10 am., Friday, May 5, 2000. The purpose of this meeting was to
receive, open and publicly read aloud bids for construction of Hazelwood Street, Gervais Avenue to County
Road C, Project 99-07.
Present were: Chris Cavett and Bill Priebe
Following the reading of the notice of advertisement for bids, the following bids were opened and read:
Bidder
Amount Bid Bond
Affidavit EEO ADA
T. A. Schifsky & Sons $609,138.43 5%
Dresel Contracting, Inc. 653,305.28 5%
Forest Lake Contracting, Inc. 652,531.00 5%
x
x
x
Pursuant to prior instruction of the council, the city clerk referred the bids received to the city engineer
instructing him to tabulate same and report with his recommendation at the regular city council meeting of May
8, 2000.
Seconded by Councilmember Wasiluk Ayes -all
2. Equipment Purchase
a. Acting City Manager Haider introduced the staff report and presented the specifics of
the report.
Councilmember Allenspach moved to award the purchase for the replacement mower to M.T. L Distributing, in
the amount of $22,347.96, and award of the purchase for the outfitting of two plow/dump trucks to Crysteel
Truck Equipment in the amount of $60,457.53. Both are through State bid pricing.
Seconded by Councilmember Koppen Ayes -all
J. UNFINISHED BUSINESS
None
K. NEW BUSINESS
1. Annual Neighborhood Stop Sign Requests
a Acting City Manager Haider introduced the staff report and presented the specifics of
the report.
b. Mayor Cardinal asked if anyone wished to speak before the Council regarding this
matter. The following persons were heard:
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Rich Duficket, 2321 East Montana
Todd Snell, 2496 Oak Circle
Eugene White, 1850 Radatz Avenue
Councilmember Collins moved to approve the following stop sign requests:
1. All-way stop signs be placed at the intersection of Sterling Street at Montana Circle and Montana
Avenue in the Oak Ridge Estates residential community.
Seconded by Councilmember Koppen Ayes -all
Councilmember Collins moved to have Community Director Coleman review Ordinance 36.151 regarding
residential dwellings in combination with a business use and make recommendation to Council.
Seconded by Councilmember Koppen Ayes -all
Councilmember Collins moved to approve the following stop sign requests:
2. All-way stop signs be placed at the intersection of Sterling Street at Mary Street and Arlington
Avenue.
Seconded by Councilmember Koppen Ayes -all
2. Preliminary Approval of Fire Safety bond Issue
a. Acting City Manager Haider introduced the staff report.
b. Finance Director Faust presented the specifics of the report.
Councilmember Koppen moved to (A) adopt the following Resolution, providing preliminar~pproval for the
sale of the $3,540,000 General Obligation Fire Safety Bonds and (B) schedule a special Council meeting at 5:00
p.m. on Thursday, June 8, 2000 for a bid award on the bond issue.
RESOLUTION 00 - OS - 058
RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $3,540,000
GENERAL OBLIGATION FIRE SAFETY BONDS, SERIES 2000A
WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore
determined that it is necessary and expedient to issue its $3,540,000 General Obligation Fire Safety Bonds,
Series 2000A (the "Bonds") to defray the expense of the acquisition and betterment of a fire station and fire
equipment and apparatus for the City, all as approved by the votes at the November 2, 1999, election; and
1. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota
("Springsted"), as its independent financial advisor and is therefore authorized to sell these
obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60,
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Subdivision 2(9); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. Authorization. The City Council hereby authorizes Springsted to solicit bids for the
competitive negotiated sale of the Bonds.
2. Meeting; Bid Opening. This City Council shall meet at the time and place specified in the
Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for,
and awarding the sale of, the Bonds. The Clerk or her designee, shall open bids at the time and
place specified in such Terms of Proposal.
3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are
fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and
made a part hereof.
4. Official Statement. In connection with said competitive negotiated sale, the Clerk and other
officers or employees of the City are hereby authorized to cooperate with Springsted and
participate in the preparation of an official statement for the Bonds, and to execute and deliver it
on behalf of the City upon its completion.
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON
ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$3,540,000
CITY OF MAPLEWOOD, MINNESOTA
GENERAL OBLIGATION FIRE SAFETY BONDS, SERIES 2000A
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Thursday, June 8, 2000, until 10:00 A.M., Central Time, at the
offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time
they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00
P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Proposals maybe submitted in a sealed envelope or by fax (651) 223-3002 to Springsted. Signed Proposals,
without final price or coupons, maybe submitted to Springsted prior to the time of sale. The bidder shall be
responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or
fax (651) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability
of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each
Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds
regardless of the manner of the Proposal submitted.
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DETAILS OF THE BONDS
The Bonds will be dated June 1, 2000, as the date of original issue, and will bear interest payable on February 1
and August 1 of each year, commencing February 1, 2001. Interest will be computed on the basis of a 360-day
year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows
2002 $100,000 2007 $130,000 2012 $175,000 2017 $225,000
2003 $105,000 2008 $140,000 2013 $185,000 2018 $240,000
2004 $110,000 2009 $150,000 2014 $195,000 2020 $255,000
2005 $120,000 2010 $155,000 2015 $205,000 2021 $265,000
2006 $125,000 2011 $165,000 2016 $215,000 2022 $280,000
Proposal for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term
bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of
any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the
maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to
designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term
Maturities" in the spaces provided on the Proposal Form.
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the
public. The Bonds will be issued in fully registered form and one Bonds, representing the aggregate principal
amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The
Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the
Bonds. Individual purchases of the Bonds maybe made in the principal amount of $5,000 or any multiple
thereof of a single maturity through book entries made on the books and records of DTC and its participants.
Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds.
Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of
principal and interest payments to beneficial owners by participants will be the responsibility of such
participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds,
will be required to deposit the Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the
services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2009, and on any day thereafter, to prepay Bonds due on or after February 1,
2010. Redemption maybe in whole or in part and if in part at the option of the City and in such manner as the
City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of
the particular amount of such maturity to be prepaid. DTC will determine 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. All prepayments shall be at a price of par plus accrued
interest.
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SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and
power to levy direct general ad valorem taxes. The proceeds will be used to finance the acquisition and
betterment of a fire station, fire equipment, and apparatus for the City.
TYPE OF PROPOSALS
Proposals shall be for not less than $3,540,000 (Par) and accrued interest on the total principal amount of the
Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or
cashier's check or a Financial Surety Bond in the amount of $35,400, payable to the order of the City. If a
check is used, it must accompany the proposal If a Financial Surety Bond is used, it must be from an insurance
company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond musl
be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must
identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are
awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit
to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by
Springsted Incorporated not later than 3:30 P. M., Central Time, on the next business day following the award.
If such Deposit is not received by that time, the Financial Surety Bond maybe drawn by the City to satisfy the
Deposit requirement.
The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no
interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said
amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving
proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued
to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or
1/8 of 1%. There is no limit on the interest rate spread if quoted in ascending order; however, no rate for any
maturity shall be more than 1.0% lower than any prior rate. Bonds of the same maturity shall bear a single rate
from the date of the Bonds to the date of maturity. No conditional proposals will be accepted.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC)
basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will
be controlling.
The City will reserve the right to: (I) waive non-substantive informalities of any proposal or of matters relating
to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any
proposal which the City determines to have failed to comply with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the
option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment
shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the
Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has
requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other
rating agency fees shall be the responsibility of the purchaser.
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Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall
not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds.
CUSP NUMBERS
If the Bonds qualify for assignment of CUSP numbers such numbers will be printed on the Bonds, but neither
the failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for
failure or refusal by the purchaser to accept delivery of the Bonds. The CUSP Service Bureau charge for the
assignment of CUSP identification numbers shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser
through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving
legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and
of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the
Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its
designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the
Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the
City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment.
CONTINUING DISCLOSURE
Pull from client specified on the date of actual issuance and delivery of the Bonds, the City will execute and
deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the
benefit of the owners of the Bonds to provide certain financial and other information about the City and notices
of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5).
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent information relative to the
Bonds, and said Official Statement will serve as anearly-final Official Statement within the meaning of Rule
15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional
information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted
Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates,
principal amounts and interest rates of the Bonds, together with any other information required by law, shall
constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule
15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor,
the City agrees that, no more than seven business days after the date of such award, it shall provide without cost
to the senior managing underwriter of the syndicate to which the Bonds are awarded 140 copies of the Official
Statement and the addendum or addenda described above. The City designates the senior managing underwriter
of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final
Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the
Bonds agrees thereby that if its proposal is accepted by the City (I) it shall accept such designation and (ii) it
shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of
assuring the receipt by each such Participating Underwriter of the Final Official Statement.
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Dated May 8, 2000 BY ORDER OF THE CITY COUNCIL
Seconded by Councilmember Wasiluk Ayes -all
3. Charitable Gambling Requests for 2001
a. Acting City Manager Haider introduced the staff report and presented the specifics of
the report.
Councilmember Collins moved to decrease the request 1 $700, increase requests 6. 8, and 9 $250. $200, and
$250 respectively, and approve 2.3. 4. 5. 7, and 10 as submitted for charitable gambling funds for theme
2001. The adjusted amounts are listed below:
1. Non Profit/501c3 Room Rentals at the MCC $24,300.00
2. Mid Summer Night Celebrations (23) 18,500.00
3. July 4th Fireworks 10,000.00
4. National Night Out 7,000.00
5. Red Cross Blood Drive at MCC 450.00
6. Maplewood Law Enforcement Explorers 1,250.00
7. Ramsey County Fair Fireworks 7,000.00
8. Moms Club of Maplewood -North 500.00
9. Senior Recovery Program 4,000.00
10. Dispute Resolution 2,000.00
Total Amount Requested $75,000.00
Total Amount Available 77,955.00
Remaining Funds $ 2,955.00
Seconded by Mayor Cardinal Ayes - Mayor Cardinal, Councilmembers Collins and
Wasiluk
Nays - Councilmembers Allenspach and Koppen
Councilmember Collins moved to continue the Council Meeting (10:29 P.M.).
Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmembers Collins and
Wasiluk
Nays -Councilmembers Allenspach and Koppen
4. Intersection of 120, Joy and Halley
a. Acting City Manager Haider introduced the staff report and presented the specifics of the report.
Councilmember Collins moved to request that the MN Department of Transportation construct a signal s,
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at the intersection of 120, Joy and Halley as soon as possible.
Seconded by Councilmember Allenspach Ayes -all
5. Maplewood Pavement Management Policy -Assessment Rate Update
a. Acting City Manager Haider introduced the staff report and presented the specifics of the report.
Councilmember Allenspach moved to approve the updated assessment rates for the year 2001 construction
season as outlined in the Maplewood Pavement Management Policy.
Seconded by Councilmember Koppen Ayes -all
6. Metricom Antenna Agreement
a. Acting City Manager Haider introduced the staff report and presented the specifics of the report.
Councilmember Koppen moved to approve the antenna lease agreement with Metricom and the Nondisturbance
Agreement.
Seconded by Councilmember Collins Ayes -all
L. VISITOR PRESENTATIONS
None
M. COUNCIL PRESENTATIONS
1. Pawn Shops and Check Cashing Shops -Councilmember Koppen moved to instruct staff to research the
Pawn Shop and Check Cashing Shop Ordinances to evaluate whether the City of Maplewood~s is
as strict or more strict than the City of Saint Paulus.
Seconded by Councilmember Collins Ayes -all
2. Commissions -Mayor Cardinal instructed staff to hang up labeled photos of Mayor, Council, and
Commission Members in the Maplewood City Hall Lobby.
3. Ed Omara -Mayor Cardinal announced it was Ed Omara~s birthday and wished him a happy birthday.
Ed Omara was one of the men that incorporated the City of Maplewood.
4. Travel and Training Policy -Councilmember Collins requested that the travel and training policy be
reviewed at the upcoming Council/Manager Workshop on May 22, 2000.
5. Access to City Offices -Councilmember Collins stated that former City of Maplewood
employees should not be permitted to access city offices or equipment.
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N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Mayor Cardinal moved to adjourn the meeting at 10:40 P.M.
Seconded by no Councilmember Wasiluk Ayes -all
Karen E. Guilfoile, City Clerk
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