HomeMy WebLinkAbout12-08-2003MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M., December 08, 2003
Council Chambers, Municipal Building
Meeting No. 03-30
A.
B.
C.
D.
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and
was called to order at 7:00 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Kenneth V. Collins, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
Mayor Cardinal recognized City Manager Fursman and Councilmember Collins who served the
country overseas. The Mayor asked residents to call the receptionist at 651-249-2000 to provide
names of others who have served or our currently serving our country so he may acknowledge
them at each City Council Meeting.
APPROVAL OF MINUTES
1. Minutes from the City CounciUManager Workshop-November 24, 2003
Councilmember Juenemann moved to approve the CounciUManager Workshop Minutes of
November 24. 2003 as presented.
Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers
Collins, Juenemann, and Koppen
Abstain-Councilmember Wasiluk
2. Minutes from the City Council Meeting-November 24, 2003
Councilmember Collins moved to approve the City Council Meeting Minutes of November 24,
2003 as presented.
Seconded by Councilmember Juenemann
Ayes-Mayor Cardinal, Councilmembers
Collins, Juenemann, and Koppen
Abstain-Councilmember Wasiluk
E. APPROVAL OF AGENDA
Councilmember Collins moved to approve the agenda as presented.
Seconded by Councilmember Wasiluk Ayes-All
F. APPOINTMENTS/PRESENTATIONS
1. Recognition of Citizens
a. City Manager Furman presented the report.
b. Police Chief Thomalla publicly recognized Ken Blissenblock and Nick Sandberg, for their
heroic assistance apprehending a purse thief on November 29~' at Cub Foods in
Maplewood.
2. Planning Commission Appointment
a. City Manager Fursman presented the report.
b. Assistant City Manager Coleman presented specifics from the report.
c. Jeff Bartol, 2207 Pinkspire Lane, reintroduced himself to council and formally accepted
his appointment to the Planning Commission.
Councilmember Wasiluk moved to appoint Mr. Jeff Bartol to serve on the Planning Commission
with a term that would expire December 31. 2004.
Seconded by Councilmember Juenemann Ayes-All
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS
PAYABLE
$3,941.11 Checks #62415 thru #62417 dated 11/18/03
thru 11/20/03
$853,911.46 Checks #62418 thru #62491 dated 11/21/03
thru 11/25/03
$3,060,235.07 Disbursements via debits to checking account
dated 11/13/03 thru 11/19/03
$1,500.00 Check#62492 dated 11/24/03
$377,979.95 Checks #62493 thru #62578 dated 11/26/03
thru 12/02/03
$298,199.82 Disbursements via debits to checking account
dated 11/19/03 thru 11/28/03
$4,595,767.41 Total Accounts Payable
PAYROLL
$418,394.60 Payroll Checks and Direct Deposits dated
11/21/03
2
$4,162.12 Payroll Deduction checks #95747 thru #95749
dated 11/21/03
$422,556.72 Total Payroll
$5,018,324.13 GRAND TOTAL
2. Financial Transfer for Unassessed Water Improvements
Authorized a $33,460 transfer from the Water Availability Charge Fund-St. Paul Water
District to the Debt Service Fund for the 2002 Improvement Refunding Bonds.
3. Assessments for Unpaid Ambulance Bills
Adopted the following resolution to certify $31,784.74 of unpaid ambulance bills as
special assessments for collection with 2004 property taxes with interest at the rate of eight
percent on the total amount for one year.
RESOLUTION 03-12-230
RESOLVED, that the City Clerk is hereby authorized and directed to certify to
the Auditor of Ramsey County the attached ambulance service charges totaling
$31,784.74 for collection with the taxes of said property owner for the year 2003,
collectible in 2004 with interest at the rate of eight percent (8%) on the total
amount for one year.
4. Write Off Uncollectible Ambulance Bills for 2001
Approved that the $220,775.30 of ambulance bills itemized in the agenda report exhibit be
written off as uncollectible.
5. 2004 Recycling Services Contract
Approved the following contract for 2004 Recycling Services between the City of
Maplewood and Onyx Waste Services:
CONTRACT AGREEMENT BETWEEN
CITY OF MAPLEWOOD AND ONYX WASTE SERVICES, INC.
FOR RECYCLING SERVICES
This Agreement is made this 1st day of January 2004, between the City of Maplewood, 1830 East
County Road B, Maplewood, Minnesota 55109 ("City") and Onyx Waste Services, Inc., a Minnesota
corporation, with its current local place of business at 1375 7~' Avenue, Newport, Minnesota 55055
("Contractor").
WITNESSETH:
WHEREAS, the City supports curbside recycling and desires that it be available to its residents;
and
WHEREAS, the City supports curbside recycling as part of an overall landfill abatement program;
and
WHEREAS, Ramsey County has funding available for curbside recycling; and
WHEREAS, the Contractor has submitted a proposal for curbside recycling to the City;
NOW, THEREFORE, the City and Contractor mutually agree as follows, in consideration of the
mutual promises and covenants contained herein;
1. DEFINITIONS
a. "Service Area" means the City of Maplewood
b. "Recyclable Materials" means newsprint, glass, mixed aluminum and bimetal beverage
containers, other aluminum, tin food cans, and other materials as mutually agreed upon
by the City and the Contractor.
a "Recycling Collection" means the taking up of all recyclable materials accumulated at
all single-family and multi-family residential properties, and the transporting of the
recyclable materials to a specified processing site or market.
2. PAYMENT
a. The City will compensate the Contractor for the collection of recyclable materials from
residential and multi-unit dwellings as described in Section 3.
b. The City shall reimburse the Contractor on a monthly basis at a rate of $96.37 per ton
of recyclable materials. In the event of a yearly renewal, the charge maybe changed,
based upon increases in operating costs for Onyx Waste Services, for Onyx Waste
Services giving to the City written notice of such change on or before December 1, and
the City agreeing to the change.
a The Contractor must invoice the city monthly, and indicate tonnages of each material
recycled from the area for the billing period. Truck scale receipts for all materials must
be attached to the invoice.
d. The City will provide the Contractor with maps of the City, noting areas for recycling
collection and areas where recycling collection is not desired and/or not necessary.
e. Any dispute, controversy, or claim on any matter relating to this Contract shall be
settled by arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Either party may demand arbitration by written
notice to the other. Any dispute or claim shall be submitted to arbitration within fifteen
(15) days. The arbitration shall be final and binding. The party that is unsuccessful
shall be responsible for the prevailing party's costs and expenses.
3. OBLIGATIONS -CONTRACTORS
a. Service
The Contractor shall provide every other week collection services for all recyclable
materials on the same day as regular garbage collection. The collection of recyclables
shall be made only between the hours of 6:00 a.m. and 6:00 p.m., Monday through
Thursday. The Contractor shall provide recycling collection services to all residential
dwelling units and multi-unit dwellings currently not having recycling services. A list
of the multi-unit dwellings that currently do not have recycling services will be
provided to the Contractor. The Contractor shall be required to establish service with
these multi-unit dwelling complexes no later than August 1, 2004. The City will
furnish the contractor with any information the Contractor needs to fulfill this
requirement. If this requirement is not meet, a letter to the City describing the reasons
this provision was not achieved must be received by the City no later than August 1,
2004.
b. Contractor's Operation
The Contractor shall establish and maintain, in a location approved by the City, an
office with continuous supervision for accepting complaints and customer calls. The
office shall be in service with continuous supervision during the hours of 7 a.m. until
4:30 p.m. on all days of collection as specified in this Agreement. The address and
telephone numbers of such office, and ten (10) days prior notice of changes therein,
shall be given to the city in writing. The address of this office as of the execution of
the contract is 1375 7~' Street, Newport, MN, 55055. The telephone number is 651-
459-6377. The Contractor shall also establish a link to the City's website so complaints
can be made electronically. The Contractor shall furnish the City a list each month of
the number of complaints made, the nature of these complaints and how these
complaints were resolved. The names of the complainants and contact numbers or e-
mail addresses must also be included. This information shall be included as part of the
monthly billing statement.
c. Collection
c-1 The Contractor shall collect all recyclable materials every other week on the days
corresponding to City garbage collection days.
c-2 Complaints on service will be taken and collected by the City and the Contractor.
The City will notify the Contractor of all complaints it receives. The
Contractor is responsible for corrective actions. The Contractor shall
answer all complaints courteously and promptly. Refer to Subsection 3-b of
this agreement for additional requirements on processing complaints.
c-3 Whenever the City or a resident notifies the Contractor of locations which have not
received scheduled service, the Contractor is required to service such
locations by 7 p.m. the following day.
c-4 Recyclable materials shall be prepared as follows:
Put newspaper, non-glossy paper and envelopes in paper grocery bags or cardboard
boxes that can be put into the truck and recycled. Corrugated cardboard
must be bundled and tied and not exceed than twenty pounds and not larger
than three-feet bythree-feet (3' x 3').
Metal cans and plastic bottles must be rinsed and placed in recycling bin.
Remove lids and metal rings from glass containers and rinse containers
prior to placing in recycling bin.
Cans, bottles and plastic can be placed in one container
together.
c-5 The City and Contractor may mutually agree to amend the list of materials that the
Contractor collects under this Agreement.
c-6 Containers in which recyclable materials have been stored shall be placed on the
curbside in front of the residents' property by 6:30 am. on the scheduled
day of collection.
c-7 All recyclable materials placed for collection shall be owned by and be the
responsibility of the occupants of residential properties until they are
handled by the Contractor. Upon collection of the containers and recyclable
materials by the Contractor, the recyclable materials become the property
and responsibility of the Contractor.
c-8 Recyclable materials deemed unacceptable by the Contractor, according to the
preparation procedures outlined in Subsection c-4, shall be collected on the
first occurrence by the Contractor. Each time thereafter, when materials are
incorrectly prepared; the Contractor shall leave at the residence written
notice forms, which explain why the materials were not collected.
c-9 The Contractor shall not landfill, incinerate, or make fuel pellets out of the
recyclable materials.
c-10 The Contractor's employees shall leave for the residents reuse any
containers marked SAVE. These containers, once emptied, shall be
returned to the curbside. Any spills created will be cleaned up immediately.
The Contractor shall also be responsible for material leaving the immediate
site.
d. Vehicles
Each collection vehicle shall be equipped with the following:
1. The Contractor's vehicles shall be marked with the name and telephone number of
the Contractor prominently displayed on both sides of the truck. The
lettering must be at least 3 inches in height.
2. 2-way radio.
3. First aid kit.
4. Approved 2AlOBC dry chemical fire extinguisher.
Warning flashers.
6. Warning alarms to indicate movement in reverse.
7. Sign on rear of vehicle which states "This vehicle makes
frequent stops".
8. Broom and shovel for cleaning up spills.
All of the required equipment must be in proper working order. All vehicles must
be maintained in proper working order and be as clean and free of odors as
possible.
e. Personnel Requirements
Contractor shall retain sufficient personnel and equipment to fulfill the requirements
and specifications of this Agreement. Contractor's personnel shall:
Conduct themselves at all times in a courteous manner with the
general public.
2. Make a concerted effort to have at all times a presentable
appearance and attitude.
3. Perform their work in a neat and quiet manner and clean up
all recyclables spilled in collection and hauling operations.
4. Avoid damage to property.
5. Not perform their duties or operate vehicles while consuming
alcohol or illegally using controlled substances or while under
the influence of alcohol and/or such substances.
4. TERM
The term of this Agreement shall be for one year from January 1, 2004 to December 31, 2004.
This Agreement maybe extended for two years, in one year increments, provided both parties
mutually agree to do so before December 1, 2004 and December 1, 2005.
5. CANCELLATION
Either party may cancel this Agreement with or without cause at any time upon sixty (60) days
written notice to the other party. In such event of termination, the Contractor shall be entitled to
reimbursement for those expenses incurred up to the termination date, provided the expenses have
been incurred by only providing the services in Section 3.
6. DEFAULT
Any of the following shall constitute default on the part of the Contractor:
a. The failure of the Contractor to provide service in a manner consistent with Section 3.
b. Falsifying any records of information required under this Agreement, and/or failure to
supply the information required in Subsection 2-c above.
7. GENERAL CONDITIONS
a. All services and duties performed by the Contractor pursuant to this Agreement shall
be performed to the satisfaction of the City, and in accordance with all applicable
Federal, State, and local laws, ordinances, rules and regulations as a condition of
payment. Contractor agrees to comply with Minnesota Statutes 181.59, relating to
nondiscrimination.
b. The Contractor shall post an unrestricted letter of credit with the City Clerk of not less
than $25,000.00, to be made available to the City in the event of the Contractor's
inability to execute the Contractor's obligations set forth by this Agreement.
a The Contractor shall provide a Certificate of Insurance as proof of liability coverage
for bodily injury or death in the amount of $1,000,000 for any person and in the sum of
$1,000,000 for two or more persons for the same occurrence and for damages to
property in the sum of $200,000. The Certificate of Insurance shall name City as an
additional insured and state that Contractor's coverage shall be the primary coverage in
the event of a loss. Further, the Certificate shall provide for thirty (30) days written
notice to City before cancellation, expiration, or change of coverage. Contractor shall
provide workers compensation covering all employees or Contractors engaged in the
performance of this Agreement, in accordance with the Minnesota Workers
Compensation Law.
d. The Contractor shall at all times be an independent contractor, and shall not be the
employee of the City for any purpose. No statement herein shall be construed so as to
find Contractor an employee of the City. The Contractor shall not enter into
subcontracts for any of the services provided for in this agreement without the express
written consent of the City. The City shall not be responsible for the payment of any
taxes, either Federal or State, on behalf of the Contractor, nor shall the City be
responsible for any fringe benefits. No Civil Service or other rights of employment
will be acquired by virtue of Contractor's services.
e. The Contractor agrees to defend, hold harmless, and pay, on behalf of the City and its
officials, agents, and employees, from any and all liability, loss or damage they may
suffer as a result of demand, claims, judgments, or costs, arising out of or related to the
Contractor's negligent actions, or failure to act in performance of this Agreement.
£ All data collected, created, received, maintained, or disseminated for any purpose in
the course of this Agreement, is governed by the Minnesota Governmental Data
Practices Act, Minnesota Statutes Chapter 13 (2003), or any other applicable State
Statute, any State rules adopted to implement the act, as well as Federal statutes and
regulations on data privacy. The Contractor agrees to abide by these statutes, rules,
and regulations
g. All books, records, documents, and accounting procedures and practices of the
Contractor relative to this Agreement are subject to examination by the City, the
county, and the State Auditor, as appropriate, in accordance with the provisions of
Minnesota Statute 16C.05, Subd. 5(2003). An annual audit will be conducted by the
City to ensure compliance with the provisions of this agreement. The City will notify
the Contractor at least one week in advance prior to conducting the audit.n
h. In providing services hereunder, Contractor shall abide by all statutes, ordinances,
rules and regulations pertaining to the provision of services to be provided hereunder.
Any violation shall constitute a material breach of this Agreement.
This Agreement shall be controlled by the laws of the State of Minnesota
The Contractor shall ensure that all driver and truck licenses and permits shall be
current and in full compliance with local, state and federal laws and regulations. Any
processing facility used to handle material from the City of Maplewood must have
current permits and licenses as required by the appropriate city, county, state and
federal laws and ordinances. Contractor shall make available for inspection all such
licenses and permits upon request by the City.
Any amendments to this Agreement shall be valid only when reduced to writing, and duly
signed by the parties.
6. Lawful Gambling Resolution .Annual Renewal Maplewood Athletic Association
Adopted the following resolution renewing the Lawful Gambling License for the
Maplewood Athletic Association. Their gambling is conducted at Gulden's Roadhouse,
2999 North Highway 61:
RESOLUTION 03-12-231
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the premises permit for lawful gambling is approved for the Maplewood Athletic
Association to operate at Guldens Roadhouse, 2999 N. Highway 61, Maplewood,
Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City
Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for
their approval.
Reimbursement For Police Department Training
Approved the request from The Police Department that monies received as reimbursement
for training be applied to the departments overtime budget.
8. Fire Department Change in Training Pay
Adopted the new compensation for authorized in-house drills at $18 per drill effective
January 1, 2004.
Councilmember Juenemann moved to approve the consent agenda items as presented.
Seconded by Councilmember Wasiluk Ayes-All
H. PUBLIC HEARINGS
1. 7:00 p.m. Carefree Cottages of Maplewood II Bond Refinancing
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
None
d. Mayor Cardinal closed the public hearing.
Bruce Mogren, 1801 Gervais Avenue, Maplewood
Councilmember Wasiluk moved to adopt the following resolution giving_apnroval for up to $7.6
million in tax-exempt revenue financing for the Carefree Cottages of Maplewood III at 1801
Gervais Avenue:
RESOLUTION 03-12-232
AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF MAPLEWOOD,
MINNESOTA $7,580,000 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS
(CAREFREE COTTAGES OF MAPLEWOOD III PROJECT), SERIES 2003, TO
REFUND THE CITY OF MAPLEWOOD, MINNESOTA, MULTIFAMILY HOUSING
REVENUE BONDS (CAREFREE COTTAGES OF MAPLEWOOD HI PROJECT),
SERIES 1995; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF
THE BONDS AND VARIOUS DOCUMENTS RELATING THERETO AND APPROVING
THE ISSUANCE AND SALE OF THE BONDS
WHEREAS, the City of Maplewood, Minnesota (the "Issuer"), is authorized by Chapter
462C, Minnesota Statutes, as amended (the "Act'), to issue revenue bonds for the purpose of financing or
refinancing projects including any land, building or other improvement and real or personal property,
whether or not in existence, to the end that more adequate residential housing facilities for low- and
middle-income families and persons maybe provided, to enter into financing agreements with others for
the purpose of providing revenues to pay such bonds, and further to secure the payment of such bonds;
and
WHEREAS, pursuant to the terms of the Act, the Issuer issued its Multifamily Housing
Revenue Bonds (Carefree Cottages of Maplewood III Project), Series 1995, in the principal amount of
$7,900,000 (the "Prior Bonds' to finance the acquisition, installation and construction of a 142-unit
multifamily housing facility located at 1791 to 1795 and 1801 to 1809 Gervais Avenue, Maplewood,
Minnesota (the "Project'); and
WHEREAS, Carefree Cottages of Maplewood Limited Partnership III, a Minnesota
limited partnership (the `Borrower") has requested the Issuer to issue multifamily housing revenue
refunding bonds in the maximum aggregate principal amount of $7,580,000 in accordance with the
provisions of the Act and to loan the proceeds thereof to the Borrower to refinance the costs of the Project
and refund the outstanding principal amount of the Prior Bonds; and
l0
WHEREAS, proposed forms of the following documents (the "Bond Documents") have
been submitted to the City Council of the Issuer (the "Council") and filed in the office of the City Clerk of
the Issuer (the "City Clerk") and are there available for public inspection:
(a) a Financing Agreement dated as of December 1, 2003 (the "Financing Agreement'),
among the Issuer, the Borrower and U. S. Bank National Association, a national banking
association (the "Trustee");
(b) a Multifamily Note, to be dated as of December 1, 2003 (the "Note") from the Borrower to
the Issuer or its assigns;
(c) a Trust Indenture, to be dated as of December 1, 2003 (the "Indenture's between the Issuer
and the Trustee;
(d) an Assignment and Intercreditor Agreement to be dated as of December 1, 2003 (the
"Assignment'), among the Issuer, the Trustee and Fannie Mae, a corporation organized
and existing under the Federal Mortgage Association Charter Act ("Fannie Mae") and
acknowledged by the Borrower;
(e) a Bond Purchase Agreement (the "Bond Purchase Agreement') among the Issuer,
Dougherty & Company LLC (the "Underwriter") and the Borrower;
(f) an Amendmentto a Regulatory Agreement dated as of December 1, 2003 (the "Regulatory
Agreement Amendment') among the Issuer, the Borrower and the Trustee;
(g) a Consent and Subordination of Issuer to Assignment of Tax Increment Financing
executed by the Issuer in favor of Fannie Mae; and
(h) an Official Statement (the "Official Statement') pertaining to the Bonds as hereinafter
defined; and
WHEREAS, the Borrower has proposed that the refunding bonds be supported by a credit
facility (the "Credit Facility's provided by Fannie Mae; and
WHEREAS, the Issuer desires to issue its Multifamily Housing Revenue Refunding Bonds
(Carefree Cottages of Maplewood III Project), Series 2003, in the maximum aggregate principal amount
of $7,580,000 (the "Bonds").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA, THAT:
Section 1. Annrovals and Authorizations. The forms of the Bond Documents are hereby
approved. The Mayor and the City Clerk are hereby authorized and directed to execute the Bond Documents
(except the Official Statement) and to affix the seal ofthe Issuer thereto and the Mayor and the City Clerk are
further authorized and directed to execute and authenticate such other documents, instruments or certificates
as are deemed necessary or desirable by bond counsel or the City Attorney in order to issue and secure the
Bonds. Such documents are to be executed in substantially the form hereinabove approved, provided that
such documents may be completed, corrected or revised as deemed necessary by the parties thereto in orderto
carry out the purposes of this Resolution. Copies of all of the documents shall be delivered, recorded, and
filed as provided therein. When executed, the right, title and interest of the Issuer in, to and under the
Financing Agreement and the Note (except as therein provided) shall have been assigned to the Trustee
pursuant to the Indenture and Fannie Mae pursuant to the Assignment.
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The use, distribution and circulation of the Official Statement by the Underwriter are
hereby approved, ratified, confirmed and authorized, subject to such further amendments or additions
thereto as may be required by the Bond Purchase Agreement, and the Underwriter is hereby authorized to
use, distribute and circulate the Official Statement in connection with the marketing of the Bonds.
Section 2. Issuance of Bonds. The issuance ofthe Bonds is hereby authorized and the sale thereof
pursuantto the Bond Purchase Agreement is hereby approved. The form of Bonds set forth in the Indenture is
hereby approved; the Bonds shall be executed with the manual or facsimile signatures of the Mayor and the
City Clerk on the face ofthe Bonds in substantially such form with appropriate insertions and variations, and
the seal of the Issuer or a facsimile thereof is hereby adopted and authorized to be affixed or imprinted
thereon; and the Mayor or the City Clerk are authorized and directed to deliver the Bonds to the Trustee for
authentication under the Indenture and, when they have been authenticated, to deliver them or cause them to
be delivered to the Underwriter pursuantto the Bond Purchase Agreement against receipt of the purchase
price as specified therein, plus any accrued interest due, and to depositthe amount so received as provided in
the Indenture.
Section 3. Terms of Bonds. The Bonds shall be in the maximum aggregate principal amount of
$7,580,000, shall be dated as of December 1, 2003, or as otherwise provided in the Indenture, and shall be
issued as fully registered bonds without coupons in denominations of $5,000 and integral multiples in excess
thereof or as otherwise provided in the Indenture. The Bonds may be issued in book-entry-only form. The
Bonds shall mature on December 15, 2033 and shall bear semiannual interest payable on the fifteenth (15th)
day of the appropriate semiannual payment dates, as set forth in the Indenture, commencing as soon as
practicable after their date of issuance, at a rate or rates which shall be set forth in the Indenture on the date of
issuance. The Bonds maybe made subject to purchase at the election of the owners thereof, to mandatory
redemption priorto maturity andto redemption priorto maturity atthe option ofthe Borrower in such manner
as provided in the Indenture. The Underwriter shall establish the actual interest rate(s) ofthe Bonds, provided
that such rates shall not exceed eight percent (8%) per annum. The numbers and provisions for redemption of
the Bonds, the provisions for tender of the Bonds by the registered owners thereof, the registration and
exchangeability privileges, the medium and place of payment, and the priorities in revenues under the
Indenture, shall be as set forth (a) in the form ofthe Bonds, which form is hereby approved and incorporated
herein by reference as if set forth in full, and (b) in the form of the Indenture hereinbefore approved and so
incorporated.
Section 4. Determinations. In accordance with the Act, it is hereby found, determined and
declared that:
(a) The refinancing ofthe costs ofthe Project will promote the public health, welfare, safety,
convenience and prosperity by providing more adequate residential housing facilities for
low- and middle- income families and persons;
(b) The amount necessary in each year for the payment of maturing principal of and interest
on the Bonds shall be determined in the manner and subject to the limitations set forth in
the Indenture and the Financing Agreement, under which the maximum amount of interest
which may be payable in any year is limited to eight percent (8%) on the outstanding
principal amount of the Bonds, and the maximum amount of principal which may become
payable in any year by reason of maturity, redemption in advance of maturity, or otherwise
is the original principal amount of the Bonds, provided that smaller amounts of principal
maybe payable in particular years by reason of redemptions in advance of maturity;
(c) Except as may be required by Fannie Mae in connection with the Credit Facility, no
reserve funds are required in connection with the retirement of the Bonds or the
maintenance of the Project; and
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(d) The Financing Agreement provides and shall provide that the Borrower shall maintain or
cause to be maintained the Project and carry or cause to be carried all proper insurance
with respect thereto.
Section 5. Authentication of Bonds. The Trustee is hereby requested to authenticate the Bonds
and to deliver them to, or upon the order of, the Mayor or the City Clerk.
Section 6. Investment of Funds. The Trustee shall be, by virtue of this Resolution and without
further authorization from the Issuer, authorized, directed and requested to invest and reinvest all monies
available therefore held by it pursuant to the Indenture which by the terms of the Indenture maybe invested,
or to deposit and redeposit such monies in such accounts as may be permitted by the Indenture, at the
direction of the Borrower and subj ect to the terms and limitations contained in the Indenture.
Section 7. Incidental Action. The proper officers ofthe Issuer are hereby authorized and directed
to prepare and furnish to bond counsel certified copies of all proceedings and records ofthe Issuer relating to
the Bonds and to execute and deliver such other documents, and to take such other action as may be necessary
or appropriate in order to effectuate the delivery of the Bond Documents, the performance of the Issuer's
obligations thereunder, and the issuance and sale of the Bonds.
The approval hereby given of the various documents referred to above includes the
approval of such additional details and revisions therein as may be necessary or convenient to carry out
the purposes of this Resolution, and as may be approved by bond counsel or this Resolution, and as may
be approved by bond counsel or the City Attorney prior to the execution of the documents. The execution
of any instrument by the appropriate officers of the Issuer herein authorized shall be conclusive evidence
of the approval by the Issuer of such instrument in accordance with the terms hereof.
Section 8. Nature of Obligation. Under the provisions of the Act, and as provided in the
Financing Agreement and the Indenture, the Bonds shall be special, limited obligations ofthe Issuer payable
solely from, and secured by a pledge of, the revenues derived from the Trust Estate, as defined in the
Indenture. The Issuer will not pledge any of its property or secure the payment ofthe Bonds with its property.
The Bonds and the interestthereon shall never constitute the debt, indebtedness orfinancial obligation ofthe
Issuer within the meaning of any provision or limitation of the Constitution or statutes of the State of
Minnesota and shall neither constitute nor give rise to a pecuniary liability ofthe Issuer or a charge against its
general credit or taxing powers. The Issuer will not pay out of its general fund or otherwise contribute any
part ofthe cost ofthe Project orthe refinancing thereof. Neither the members of the Council nor any officer,
employee or agent ofthe Issuer shall incur any personal liability by reason ofthe issuance ofthe Bonds or the
other actions contemplated by this Resolution.
Section 9. Resolution Irrepealable. Afterthe Bonds are issued, this Resolution shall constitute a
contract between the Issuer and the owners of the Bonds and shall remain in force until the Bonds, both
principal and interest, shall be fully paid, canceled and discharged. Nothing herein shall prevent the
amendment, in accordance with their terms or as may be permitted or required by law, of the documents
authorized hereby.
Section 10. Ratification. All action heretofore taken by the Issuer and by the officers thereof
inconsistent herewith directed toward the refinancing ofthe costs to the Project incurred to acquire, construct
and install multifamily housing facilities, the refunding, in whole or in part, of the Prior Bonds and the
issuance and sale of the Bonds is hereby ratified, approved and confirmed.
Section 11. Severability. If any paragraph, clause or provision ofthis Resolution except Section 8
hereof, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions
hereof.
13
Seconded by Councilmember Collins Ayes-All
2. 7:03 p.m. Proposed 2004 Budget and Tax Levy
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
None
d. Mayor Cardinal closed the public hearing.
Mayor Cardinal moved to adopt the following resolutions to adopt the 2004 budget to levy
property taxes Payable in2004. These resolutions include the additional $4970 tax levy that the
City Council approved on September 4 and the expenditure revisions discussed on November 24.
which are listed in the report:
RESOLUTION 03-12-236
ADOPTING A BUDGET FOR 2004
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA that a budget for 2004 is hereby adopted as outlined in the following summary:
CAPITAL
IMPROVEMEN DEBT
OPERATING TS SERVICE
BUDGET BUDGET BUDGET
Estimated Balances 01-01-04 $31,554,643 $2,324,563 $2,590,593
Revenues 25,246,820 1,172,470 3,152,440
Net other increases (decreases) (1,330,500) 1,144,060 344,940
Expenditures (25,750,390) (2,347,120) (3,455,620)
Estimated Balances 12-31-04 $29,720,573 $2,293,973 $2,632,353
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the
2004 Operating Budget:
GENERAL FUND:
DEPARTMENT
$1,157,750 Community Development
2,049,500 Executive
671,670 Finance
1,814,670 Fire
326,240 Human Resource
125,590 Legislative
1,584,730 Parks and Recreation
14
6,702,810 Police
2,246,930 Public Works
CHARITABLE GAMBLING TAX FUND:
COMMUNITY CENTER FUND:
ENHANCED 911 SERVICE FUND:
ENVIRONMENTAL UTILITY:
FLEET MANAGEMENT:
INFORMATION TECHNOLOGY
POLICE SERVICES FUND:
RECREATION PROGRAM FUND:
RECYCLING FUND:
REDEVELOPMENT
SANITARY SEWER FUND:
$16,679,890 GENERAL FUND TOTAL
$68,740 General Government
2,101,530 Parks & Recreation
24,720 Police
925,590 Public Works
612,810 Public Works
470,660 General Government
300 Police
769,930 Parks and Recreation
375,420 Community Development
200,640 Community Development
3,520,160 Public Works
$25,750,390 TOTAL OPERATING BUDGET
APPROPRIATIONS
BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may
exceed the appropriation provided that the net operating income before other revenues and expenses
excluding depreciation for 2004 is not less than $30,410.
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the
2004 Capital Improvements Budget:
CAPITAL IMPROVEMENT PROJECTS $104,520
FIRE TRUCK REPLACEMENT 372,980
OPEN SPACE 620
PARK DEVELOPMENT 454,070
PUBLIC IMPROVEMENT PROJECTS 1,370
PUBLIC WORKS BUILDING ADDITION 1,250,000
STREET CONSTRUCTION STATE AID 30
TAX INCREMENT ECONOMIC DEV. DISTRICT
170
#1-5
TAX INCREMENT HOUSING DISTRICT #1-1 180
TAX INCREMENT HOUSING DISTRICT #1-2 190
TAX INCREMENT HOUSING DISTRICT #1-3 170
TAX INCREMENT HOUSING DISTRICT #1-4 37,030
TAX INCREMENT HOUSING DISTRICT #1-5 33,350
TAX INCREMENT HOUSING DISTRICT #1-6 92,300
WATER AVAILABILITY CHARGE - NO. ST. 90
15
PAUL
WATER AVAILABILITY CHARGE - ST. PAUL
TOTAL CAPITAL IMPROVEMENTS
BUDGET APPROPRIATIONS
50
$2,347,120
BE IT FURTHER RESOLVED that the Finance Director shall establish a budget for each
public improvement project when the Council orders the project and that the budget amounts shall be
recorded at amounts specified in the feasibility study for the project.
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the
2004 Debt Service Budget:
$2,285,000 Principal
1,117,610 Interest
4,040 Paying Agent Fees
42,440 Interest - Interfund loans
6, 530 Investment Management
$3,455,620 TOTAL DEBT SERVICE BUDGET
BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are hereby
adopted for financial reporting and management control.
BE IT FURTHER RESOLVED that the above budgets for all other funds are hereby adopted
for management purposes only.
BE IT FURTHER RESOLVED that the transfer of appropriations among the various
accounts, within a fund, shall only require the approval of the City Manager or his designee. However,
City Council approval is required for transfers from contingency accounts.
BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended
at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which
may be appropriated for the neat fiscal year except appropriations for capital improvement projects
which shall not lapse until the project is completed or canceled by the City Council.
BE IT FURTHER RESOLVED that $166,800 of the fund balance in the General Fund is
designated for contingencies.
RESOLUTION 03-12-237
CERTIFYING TAXES PAYABLE IN 2004
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA that:
16
1. The following amounts of taxes be levied for 2003, payable in 2004, upon the net tax capacity in
said City of Maplewood, for the following purposes:
Operations $10,332,320
Debt Service 1,861,710
TOTAL LEVY $12,194,030
2. In addition, there is a $637,490 market value based referendum levy for 2003 payable in 2004 to
finance the debt service on the 2002 Open Space Refunding Bonds and the 2000 Fire Safety Bonds.
3. The net tax capacity based levy of $1,861,710 for Debt Service and the market value based
referendum levy of $637,490 total $2,499,200. This is a net decrease of $807,000.47 in the
scheduled levy of $3,306,200.47. The breakdown by Debt Service Fund is attached as Exhibit A.
Seconded by Councilmember Collins
Ayes-Mayor Cardinal,
Councilmembers Collins, Juenemann
and Wasiluk
Nays-Councilmember Koppen
3. 7:15 p.m. Home Occupation License-1900 Sterling Street North
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented specifics from the
report.
o. Ms. Frances Snavely, the applicant was present for questions.
d. Commissioner Pearson presented the Planning Commission report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
None
Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to approve the Home Occupation License for Frances Snavely at
1900 Sterling Street North.
Seconded by Councilmember Juenemann Ayes-All
4. 7:30 p.m. Code Amendment-Historical Commission
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented specifics from the
report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
City Council 12-08-03 17
Robert Overby, 2021 Edgerton, Maplewood
d. Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to approve the ordinance amendment proposed by the
Maplewood Historical Commission:
Seconded by Councilmember Koppen Ayes-All
5. 7:45 p.m. Heritage Square (Kennard Street and Legacy Parkway)
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented specifics from the
report.
c. Phil Carlson with DSU, provided specifics of the staff report.
d. Boardmember Olson presented the Community Design Review Board report.
e. Commissioner Pearson presented the Planning Commission report.
Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Gerald Peterson, 3016 Hazelwood Street, Maplewood
George Supan, 3090 Hazelwood Street, Maplewood
Krista Flemming, Town and Country Homes
Chris Wylie, Southwinds Builders, 658 4a' Avenue, New Brighton
Will Rossbach, 1386 East County Road C, Maplewood
g. Mayor Cardinal closed the public hearing.
A five-minute break was taken.
Councilmember Wasiluk moved to adopt the following resolution approving the Planned Unit
Development for Heritage Square, Outlot H of Legacy Village PUD as illustrated on the drawing
prepared by Landform, date-stamped October 15, 2003, except as revised in the conditions with
a 50-foot setback requirement:
Seconded by Mayor Cardinal Ayes-Mayor Cardinal and Councilmember
Wasiluk
Nays-Councilmembers Collins, Koppen and
Juenemann
Motion Failed
Councilmember Koppen moved to adopt the following resolution approving the Planned Unit
Development for Heritage Square, Outlot H of Legacy Village PUD as illustrated on the drawing
prepared by Landform, date-stamped October 15, 2003, except as revised in the conditions with
a 20-foot setback requirement:
City Council 12-08-03 18
CONDITIONAL USE PERMIT RESOLUTION 03-12-233
WHEREAS, Town & Country Homes applied for a conditional use permit for a planned unit
development revision to develop Heritage Square, a 220-unit town house development in the Legacy
Village planned unit development.
WHEREAS, this permit applies to the property located on the west side of Kennard Street, now
under construction, south of the Xcel power line easement. The legal description is:
Lot 3, Block 1, LEGACY VILLAGE OF MAPLEWOOD
WHEREAS, the history of this conditional use permit is as follows:
1. On October 20, 2003 the planning commission recommended that the city council
approve this permit.
2. The city council held a public hearing on December 8, 2003. 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 approves 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.
City Council 12-08-03 19
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 these code requirements:
1. Outlot H is approved for 220 units of townhouses as revised according to the conditions in this
report.
2. The southern unit of the Hometown (Type A) building, at the southwest corner of Legacy
Parkway and Kennard Street, shall be eliminated, reducing it from 5 units to 4 units, thus
continuing the internal linear green space out to Kennard Street at a width of at least 70 feet.
The landscape treatment of this green space shall be continued into this new area in similar
fashion to the rest of the linear green space.
Within the linear green space two north-south segments of sidewalk shall be added, one
connecting Driveways K and U, the other connecting Driveways G and W. The rain gardens
and landscaping shall be revised to accommodate these sidewalks.
4. The dead ends of all driveways behind the Chateau (Type B) buildings - Street B and Drives G,
I, K, M, O, Q, U, V, and W -shall be designed, striped and signed to accommodate two
common parking spaces each.
The monument signs and associated landscaping at the corner of Legacy Parkway and Kennard
Street shall be revised to place trees or other landscape features that are at least 25 feet in
height and close to the right-of--way, while still maintaining safe sight distances, that will
create a significant tall edge mimicking the scale of the proposed senior building and future
office building on the opposite corners of the intersection.
6. The setbacks are approved as shown on the site plan.
7. All construction shall follow the plans date-stamped October 15, 2003. The city council may
approve major changes. The director of community development may approve minor changes.
8. The proposed construction must be substantially started within one year of council approval or
the permit shall end. The council may extend this permit for one year.
9. The city council shall review this permit in one year.
10. The homeowners association documents shall state that the visitor parking areas shall be kept
open for visitor parking and shall not be used as a storage area for RVs, trailers, campers, boats
and the like.
11. At least 50 total units shall be offered at a base price at or below the affordable level as
defined by the Metropolitan Council, which is currently $183,000. The affordability
City Council 12-08-03 20
requirements shall have an annual escalator.
12. Homebuyers of affordable units, at their sole discretion, may utilize options to increase the
value of their home, however, the developer shall display these affordable units according to
the affordable level as defined by the Metropolitan Council.
13. The developer/builder shall provide to the City a listing of standard features of the units so that
it can be assured that quality standards are being met for the affordable housing.
14. The developer shall also provide to the City the actual sale prices of the units.
15. The developer shall provide a tot lot within their project or shall contribute to the creation and
development of an area-wide playground to the north to be constructed by the master
developer of Legacy Village.
Seconded by Councilmember Collins Ayes--Councilmembers Collins, Koppen
and Juenemann
Nays-Mayor Cardinal and Councilmember
Wasiluk
Councilmember Koppen moved to adopt the Preliminary Plat for Heritage Square as illustrated on the
drawings submitted by Landform, dated September 12. 2003, except as revised in accordance with the
following conditions:
1) The plat shall be revised in terms of the dimensions and numbering of lots if necessary to reflect
the recommended revisions to the number and location of buildings in the above conditions for
the PUD.
2) Legacy Parkway west of Kennard Street is shown as a public roadway. The following
conditions must be met if Legacy Parkway is constructed as a public roadway:
a. The City should be responsible for the design and construction of the roadway.
b. The developer will need to petition the City for the improvements.
a The roadway needs to be redesigned to a more typical City street design or the developer
needs to be responsible for the ongoing maintenance of all of the amenities and rainwater
gardens included in the design. The City will grant an easement to the developer for the
maintenance of the amenities and rainwater gardens. The developer will be required to
prepare a maintenance agreement detailing the specifics of the maintenance operations for
City review and approval.
3) The plan shows on-street parking along the west side of Kennard Street. The following
conditions must be met if the on-street parking is to remain on Kennard Street:
a. An additional 8 feet ofright-of--way shall be dedicated by the developer along the west side
of Kennard Street to accommodate the parking bays and allow for the necessary sidewalk
and boulevard areas.
b. The developer shall be responsible for the costs (construction and 31.5% admin &
engineering) to add the parking bays along Kennard Street. These costs are estimated to be
approximately $70,000.
4) The plans show grading outside of the property boundary along the north, west and south sides
City Council 12-08-03 21
of the site. All grading shall be restricted to within the property boundaries or temporary
construction easements need to be obtained from the adjacent property owners. The developer
must provide evidence of any temporary construction easements.
5) The developer must prepare an operation and maintenance plan for the proposed storm drainage
system for the review and approval of the City. An active operation and maintenance program is
critical to the proper function and operation of the system.
6) In the future, the City may desire to extend sanitary sewer and watermain services into Outlot I
from the sanitary sewer and watermain utilities in the driveways north of Legacy Parkway. The
services may be for future park and/or open space uses on Outlot L The developer and the
homeowners association must agree in writing that they will not object to the future installation
of these utility services.
7) The plat includes Outlot A for the storm water pond. The pond must be included in a public
drainage and utility easement rather than an outlot. The developer must also dedicate a public
drainage and utility easement for the pond outlet.
8) The plat shall include 20-foot wide utility easements along all watermain outside of public right-
of-way per SPRWS requirements.
9) The developer shall be required to grant the City a right of entry/temporary construction
easement, as necessary, for public roadway construction outside of the limits of the public right-
of-way.
Seconded by Councilmember Collins Ayes--Councilmembers Collins, Koppen
and Juenemann
Nays-Mayor Cardinal and Councilmember
Wasiluk
Councilmember Koppen moved to adopt approval of the site, architectural and landscaping plans date-
stamped October 15. 2003, for the Heritage Square Townhomes at Le~acy Village, subject to the
developer complyine with the followine conditions:
1) Repeat this review in two years if the city has not issued a building permit for this project.
2) Comply with all requirements of the city engineer and his consultants relative to streets,
sidewalks, grading, drainage, utilities and erosion control before getting a building permit. The
applicant shall also provide any documents, easements and developers agreement that maybe
required by the city engineer. This approval shall be subject to the conditions outlined in the
report from Jon Horn, of Kimley-Horn, dated October 13, 2003. This approval shall also be
subject to the following requirements relative to the on-street parking along the west side of
Kennard Street:
• The city will build on-street parking along the Town & Country frontage on Kennard. The on-
streetparking bays will be constructed of concrete.
• The Heritage Square plan shows 21 spaces; however, the length of the spaces needs to be
increased from 20 feet to 25 feet, resulting in a reduction in the number of spaces from 21 to 17.
This would include 5 spaces north of Legacy parkway, 9 spaces between Legacy Parkway and
Street B, and 3 spaces south of Street B.
City Council 12-08-03 22
Kennard Street will be widened by 8 feet in the area of the parking bays. We had previously
requested that Town & Country dedicate 10 feet of additional right-of--way for the on-street
parking. Our request for additional right-of-way can be reduced to 8 feet.
• Our typical section for the roadway will include that the parking areas will slope back to
Kennard at a 4 percent grade, the 8 foot boulevard between the curb and sidewalk will slope to
the street at a 5 percent grade and the 6 foot sidewalk will slope to the street at a 2 percent grade.
The design considers Town & Country's concerns with the grades between the street and their
buildings in this area.
Any carriage walks between the sidewalk and parking bays will not be constructed as a part of
the city contract. Town & Country will need to determine where they want carriage walks.
Town & Country would need to construct any carriage walks as a part of the private
development work. The city's landscaping plan for Kennard Street will need to consider the
location of any carriage walks. Carriage walks and landscaping shall be subject to city engineer
approval.
3) Get the necessary approvals and permits from the watershed district.
4) The setbacks are approved as shown on the site plan.
5) Revise the site and landscaping plans as follows for staff approval:
a. The southern unit of the Hometown (Type A) building, at the southwest corner of Kennard
Street and Legacy Parkway, shall be eliminated reducing it from 5 to 4 units, thus continuing
the internal linear green space out to Kennard Street at a width of at least 70 feet. The
landscape treatment of this green space shall be continued into this new area in similar
fashion to the rest of the linear green space.
b. Within the linear green space, two north-south segments of sidewalk shall be added, one
connecting Driveways K and U, and the other connecting Driveways G and W. The rain
gardens and landscaping shall be revised to accommodate these sidewalks.
a The dead ends of all driveways behind the Chateau (Type B) buildings~treet B and drives
G, I, K, M, O, Q, U, V and W-shall be designed, striped and signed to accommodate two
common parking spaces each.
d. The monument signs and associated landscaping at the corner of Legacy Parkway and
Kennard Street shall be revised to place trees or other landscape features that are at least 25 f
feet in height and close to the right-of--way, while still maintaining safe sight distances that
will create a significant tall edge mimicking the scale of the proposed senior building and
future office building on the opposite corners of the intersection.
e. The developer shall provide a tot lot within their project or shall contribute to the creation
and development of an area-wide playground to the north to be constructed by the master
developer of Legacy Village.
£ The applicant shall return to the CDRB with a material board showing building materials
and colors proposed for this development on December 9, 2003.
City Council 12-08-03 23
6) Complete the following:
a. Install and maintain an in-ground lawn irrigation system for all landscaped areas.
b. Install all required trails, sidewalks and carriage walks.
c. All curbing shall be continuous concrete curbing as proposed.
d. Install any traffic signage within the site that maybe required by staff.
7) The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for the
exterior landscaping and site improvements prior to getting a building permit for the
development. Staff shall determine the dollar amount of the escrow as well as the portion of
the project to be covered by the escrow. The escrow may cover the entire site or the site in
phases of development.
8) All work shall follow the approved plans. The director of community development may approve
minor changes.
9) This development shall be signed with clear address signs for direction to the buildings and
individual unit signage on the front and back, subject to approval by the police and fire
departments of the city.
10) A temporary sales office shall be allowed until the time a model unit is available for use. Such a
temporary building shall be subject to the requirements of the building official as outlined in his
report.
11) The applicant shall submit a lighting plan for staff approval prior to getting the first building
permit.
I.
J.
K.
Seconded by Councilmember Collins
AWARD OF BIDS
1. Afton Heights Playground Equipment
a. City Manager Fursman presented the report.
Ayes--Councilmembers Collins, Koppen
and Juenemann
Nays-Mayor Cardinal and Councilmember
Wasiluk
b. Parks and Recreation Director Anderson provided specifics of the report.
Mayor Cardinal moved to award the bid to Earl F. Anderson in the amount of $50,375,20 based
on the U.S. Communities contract for Custom Play Structures.
Seconded by Councilmember Wasiluk Ayes-All
UNFINISHED BUSINESS
None
NEW BUSINESS
City Council 12-08-03
24
1. Launderville Towing
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented specifics from the
report.
Councilmember Juenemann moved to table this item for three months when the owners of
Launderville Towing would be available to attend.
Seconded by Councilmember Wasiluk Ayes-All
2. Agreement with St. Paul Regional Water Services Board of Commissioners and City of
Maplewood -Approve Resolution Adopting Amendment No. 2 Establishing Policies and
Formulae for Water Utility Aid
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Wasiluk moved to adopt the following resolution approving Amendment No. 2
to the Water Services Agreement with the St. Paul Regional Water Services Board of
Commissioners and the City of Maplewood and authorized the Mayor and City manager to
execute the agreements:
RESOLUTION 03-12-234
APPROVING AMENDMENT N0.2 TO AGREEMENT WITH
ST. PAUL REGIONAL WATER SERVICES
WHEREAS, the City Council entered into an Agreement with the Board of
Commissioners for the St. Paul Regional Water Services dated October 30, 1996, whereby the
Board obtained ownership of Maplewood.s water system and Maplewood obtained
representation on the Board, and
WHEREAS, beginning in 2003, Maplewood properties shall be charged water rates
equal to that of similar properties in the City of St. Paul, and
WHEREAS, subsequent to said agreement, the Board and Maplewood executed an
Amendment No. 1 to Agreement dated June 9, 1997, whereby the Board shall perform billing
and collection of service and recycling charges and whereby Maplewood shall be allowed to
store equipment in the dry columns of elevated tanks acquired by the Board from Maplewood,
and
WHEREAS, Maplewood has requested that the Board contribute Water Utility Aid
towards qualifying water main projects within the City of Maplewood, as the Board has
historically done for similarly qualifying projects within the City of St. Paul, and
WHEREAS, in keeping with its policy of equal treatment towards all customers within the
water service system owned by the Board, the Board desired to authorize and contribute said
City Council 12-08-03 25
Water Utility Aid, in accordance with the same policies and formulae applied to similar projects
within the City of St. Paul, and
WHEREAS, the staff of the Board and staff of Maplewood have negotiated and prepared
an Amendment No. 2 to Agreement which sets forth the terms and conditions for the Boards
contribution of Water Utility Aid, and
WHEREAS, on November 18, 2003 the Board approved adoption of a resolution
approving Amendment No. 2 to Agreement subject to approval by Maplewood.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That Amendment No. 2 to Agreement substantially in the form submitted is hereby approved
and hereby authorizes the Mayor and City Manager to execute Amendment No. 2 on behalf of
the City Council.
Seconded by Councilmember Juenemann Ayes-All
3. Ambulance Rates for 2004
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution approving 2004 Ambulance
Rates:
RESOLUTION 03-12-235
ADOPTING 2004 AMBULANCE RATES
WHEREAS, the City of Maplewood is authorized to impose reasonable charges for emergency and
paramedic ambulance services by Minnesota Statutes 471.476 and by special laws (Chapter 426, Laws of
1975, and Chapter 743, Laws of 1978); and
WHEREAS, the paramedic ambulance services are partly financed by property taxes; and
WHEREAS, it is fair and reasonable to charge non-residents a higher rate than residents for services
rendered; and
WHEREAS, it is fair and reasonable to charge for services rendered based upon the distance a person is
transported and by type of services provided; i.e., basic or advanced life support services as defined by
Medicare.
NOW, THEREFORE, BE IT RESOLVED, thatthe following charges shall be effective January 1, 2004:
Residents Non-Residents
Base rates:
Non-transport (treatment
administered $ 270.00 $ 290.00
Basic life support $ 710.00 $ 740.00
City Council 12-08-03 26
ambulance services
Advanced life support $ 975.00 $1
020.00
ambulance services 1 ,
Advanced life support $1
100.00 $1
155.00
ambulance services 2 , ,
Rate er mile trans oated $ 12.46 $ 12.46
BE IT FURTHER RESOLVED, that there shall be no charge whenthe patienthas notbeen administered
treatment and is not transported, when the patient is transported to the detoxification center, or when the
patient is transported in a squad car.
BE IT FURTHER RESOLVED, that if more than one person is transported, the ambulance charges will be
pro-rated between the people transported.
Seconded by Councilmember Juenemann
Ayes-Mayor Cardinal, Councilmembers
Juenemann, Wasiluk and Koppen
Nays-Councilmember Collins
4. Recycling Rates for 2004
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented specifics from the report.
Councilmember Juenemann moved to approve the recycling service rates be increased by $.75
per quarter effective January 1, 2004 to provide the revenues anticipated in the 2004 Budget.
Seconded by Councilmember Wasiluk Ayes-All
5. Sanitary Sewer Rates for 2004
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented specifics from the report.
Councilmember Collins moved to approve the sanitary sewer rates by 4.8% effective January lsr
2004 to provide the revenues anticipated in the 2004 Budget.
Seconded by Councilmember Koppen Ayes-All
6. Representation on the 800MHz Group
a. City Manager Fursman presented the staff report and provided specifics
Councilmember Wasiluk moved to adopt a resolution at the December 22, 2003 City Council
Meeting to approve Mr. Ken Collins continuing to represent Maplewood and North St. Paul on
the Policy and Planning Committee for the 800MHz Committee.
Seconded by Councilmember Juenemann
Ayes-Mayor Cardinal, Councilmembers
Koppen, Wasiluk and Juenemann
Abstain-Councilmember Collins
City Council 12-08-03 27
L. VISITOR PRESENTATIONS
1. Will Rossbach discussed questions he had regarding representation on the 800MHz
Committee.
M. COUNCIL PRESENTATIONS
1. Councilmember Wasiluk expressed hope that staff would assist the Historical
Commission with funding needs.
N. ADMINISTRATIVE PRESENTATIONS
Reminder: The December 22°d City Council Meeting will begin at 6:00 p.m. A public reception
will be held at 5:00 p.m. on the 22°d for Councilmembers Wasiluk and Collins who have council
terms ending on December 31, 2003.
O. ADJOURNMENT
Councilmember Wasiluk moved to adjourn the meeting at 10:10 p.m.
Seconded by Councilmember Koppen Ayes -All
City Council 12-08-03 28