HomeMy WebLinkAbout06-13-2005MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, June 13, 2005
Council Chambers, City Hall
Meeting No. 05-11
A.
B.
C.
D.
E.
F
CALL TO ORDER
Pastor Hall, Pastor Frontline Church gave the invocation.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Absent
Will Rossbach. Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the City Council/Manager Workshop-May 23, 2005
Councilmember Rossbach moved to approve the minutes from the Mav 23, 2005
Council/Manager Workshop as presented.
Seconded by Councilmember Koppen Ayes-All
2. Minutes from the City Council Meeting-May 23, 2005
Councilmember Rossbach moved to approve the minutes from the Mav 23, 2005 as
amended.
Seconded by Councilmember Juenemann Ayes-All
APPROVAL OF AGENDA
Councilmember Rossbach moved to approve the agenda as amended.
K4. Removed from Agenda
M1. South Leg Meeting
M2. National Night Out
M3. NEST
M4. Eagles Nest
Seconded by Councilmember Koppen Ayes-All
APPOINTMENTS/PRESENTATIONS
1. 2004 Annual Financial Report and Audit
City Council Meeting 06-13-OS
City Manager Fursman presented the report.
Finance Director Faust presented specifics from the report.
c. Chris Omdahl of KPMG reviewed the annual financial report and audit reports.
Finance Director Faust presented the 2004 Comprehensive Financial Report
Certificate of Recognition-Eagle Scout Badge Award
and
City Manager Fursman presented the report.
Mayor Cardinal read the following certificate of recognition for Robert Wolter.
Since, Mr. Wolter was not present, the certificate will be sent to him on behalf of
the City:
CERTIFICATE OF RECOGNITION
WHEREAS, the Eagle Scout Badge Award is the highest award in Boy Scouting;
WHEREAS, to achieve this high honor, Boy Scouts must complete a minimum of
21 merit badges of which 12 are required in a myriad of educational and recreational
categories; and
WHEREAS, Eagle Scouts must plan and implement a significant leadership
project involving a minimum of 100 hours of community service; and
WHEREAS, only 3°~ of all Boy Scouts achieve this prestigious award; and
NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Bob Cardinal, and the
Maplewood City Council do hereby congratulate Jacob Robert Wolter for his hard work,
dedication, and commitment in earning the Boy Scout Eagle Award.
G. CONSENT AGENDA
Councilmember Koppen moved to approve items 1- 5.
Richard Kirsh addressed improvement concerns council had on item 13, George's Auto
Body, 1225 Frost Avenue, Maplewood.
Seconded by Councilmember Rossbach Ayes-All
Approval of Claims
ACCOUNTS PAYABLE:
32,531.98 Checks # 66984 thru # 66985
dated 5/20/05 thru 05/24/05
$ 134,001.76 Checks # 66985 thru # 67025
dated 05/20/05 thru 05/24/05
City Council Meeting 06-13-OS
$ 129,266.79 Disbursements via debits to checking account
dated 05/13/05 thru 05/19/05
$ 209,958.52 Checks # 67026 thru # 67028
dated 05/24/05
$ 115,691.47 Checks # 67029 thru # 67090
dated 5/31/05
$ 3,381,269.62 Disbursements via debits to checking account
dated 05/20/05 thru 02/25/05
$ 668,999.63 Checks # 67091 thru # 67143
dated 06/03/05 thru 06/07/05
$ 172,448.28 Disbursements via debits to checking account
dated 05-26-05 thru 06-02-05
$ 4,844,168.05 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 439,996.21 05/20/05
$ 2,673.00 Payroll Deduction check # 101394 thru # 101396
dated 05/20/05
Payroll Checks and Direct Deposits dated 06-03-
$ 452,420.85 O5
$ 4,378.57 Payroll Deduction check # 101519 thru # 101523
dated 06-03-05
$ 899,468.63 Total Payroll
$ 5,743,636.68 GRAND TOTAL
2. Food Permit Fee Waiver -The Donut Family -Maplewood Community Center
Approved the fee waiver for The Donut Family at the Maplewood Community
Center.
3. Carnival & Fireworks Fee Waiver -Ramsey County Fair
Approved the fee waivers for the Ramsey County Fair, July 13`h through July 17`h
4. Fireworks Fee Waiver -Parks & Recreation -July 4`h Celebration
Approved the permits for fireworks and noise control for the City Parks and
Recreation Department.
5. Lawful Gambling License - Kristie Larson -North Tartan Area Girls Basketball
Booster Club
City Council Meeting 06-13-OS 3
Adopted the following resolution approving the lawful gambling license for the
North Tartan Area Girls Basketball Booster Club:
RESOLUTION 05-06-082
BE IT HEREBY RESOLVED, by the City Council of Maplewood,
Minnesota, that the premises permit for lawful gambling is approved for the North
Tartan Area Girls Basketball Booster Club, 2009 East County Road D,
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.
Authorize Acquisition of Tax-Forfeited Property: Parcel 15-29-22-22-0054
(Caves Addition -Drainage Pond)
Adopted the following resolution requesting Ramsey County convey a parcel to
Maplewood by a public use deed for permanent ponding and drainage purposes:
RESOLUTION 05-6-083
DESIGNATING TAX-FORFEIT LANDS FOR ACQUISITION FOR PUBLIC
PURPOSE
WHEREAS, a certain parcel within the City of Maplewood has been
designated by Ramsey County as forfeited due to non-payment of real estate
taxes, and
WHEREAS, Ramsey County has notified the City of Maplewood of this
parcel and said parcel has been classified by Ramsey County as non-
conservation, and
WHEREAS, Minnesota Statute 282.01, Subd. 1, provides that the City
may request a conveyance of said land for public purpose, and
WHEREAS, the City Engineer has determined that said parcel is
necessary and vital to the city's drainage and ponding system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD MINNESOTA:
That the City of Maplewood hereby requests Ramsey County to convey the
perpetual use of said parcel to the City of Maplewood for the public use purpose
of a permanent drainage and ponding area site.
City Council Meeting 06-13-OS
PIN Property Description Public Use Purpose
15-29-22-22-0054 Caves English Street Third Addition, Outlot A Drainage & Ponding
Donation to Police Department From Sheet Metal Workers Federal Credit Union
Accepted the $500 donation from the Sheet Metal Workers Federal Credit Union.
Appropriation of Funds From Police Services Fund
Approved the appropriation of $5,200 from the Police Services Fund.
Approval of Water Ski Slalom Course Permit
Approved the water ski slalom course and authorized the City Manger to sign
future annual permits on behalf of the City of Maplewood.
10. Purchase of Two New Defibrillator Monitors
Approved the purchase of Two Philips MRX defibrillators in the amount of
$42,725.
11. Compliance with Reimbursement Bond Regulations
Adopted the following resolution establishing procedures relating to compliance
with reimbursement bond regulations under the Internal Revenue Code:
RESOLUTION NO. 05-06-084
RESOLUTION ESTABLISHING PROCEDURES
RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood,
Minnesota (the "City"), as follows:
Recitals.
(a) The Internal Revenue Service has issued Treasury Regulations, Section
1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing
with "reimbursement bond" proceeds, being proceeds of bonds used to reimburse the
City for any project expenditure paid by the City prior to the time of the issuance of those
bonds.
(b) The Regulations generally require that the City (as the issuer of or the
primary obligor under the bonds) make a declaration of intent to reimburse itself for such
prior expenditures out of the proceeds of subsequently issued bonds, that such
declaration be made not later than 60 days after the expenditure is actually paid, and
that the bonding occur and the written reimbursement allocation be made from the
proceeds of such bonds within 18 months after the later of (1) the date of payment of the
expenditure or (2) the date the project is placed in service (but in no event more than 3
years after actual payment).
City Council Meeting 06-13-OS
(c) The City heretofore implemented procedures for compliance with the
predecessor versions of the Regulations and desires to amend and supplement those
procedures to ensure compliance with the Regulations.
(d) The City's bond counsel has advised the City that the Regulations do not
apply, and hence the provisions of this Resolution are intended to have no application,
to payments of City project costs first made by the City out of the proceeds of bonds
issued prior to the date of such payments.
2. Official Intent Declaration. The Regulations, in the situations in which
they apply, require the City to have declared an official intent (the "Declaration") to
reimburse itself for previously paid project expenditures out of the proceeds of
subsequently issued bonds. The Council hereby authorizes the Finance Director to
make the City's Declarations or to delegate from time to time that responsibility to other
appropriate City employees. Each Declaration shall comply with the requirements of the
Regulations, including without limitation the following:
(a) Each Declaration shall be made not later than 60 days after payment of
the applicable project cost and shall state that the City reasonably expects to reimburse
itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each
Declaration may be made substantially in the form of the Exhibit A which is attached to
and made a part of this Resolution, or in any other format which may at the time comply
with the Regulations.
(b) Each Declaration shall (1) contain a reasonably accurate description of
the "project," as defined in the Regulations (which may include the property or program
to be financed, as applicable), to which the expenditure relates and (2) state the
maximum principal amount of bonding expected to be issued for that project.
(c) Care shall be taken so that the City, or its authorized representatives
under this Resolution, not make Declarations in cases where the City doesn't reasonably
expect that reimbursement bonds will be issued to finance the subject project costs, and
the City officials are hereby authorized to consult with bond counsel to the City
concerning the requirements of the Regulations and their application in particular
circumstances.
(d) The Council shall be advised from time to time on the desirability and
timing of the issuance of reimbursement bonds relating to project expenditures for which
the City has made Declarations.
3. Reimbursement Allocations. If the City is acting as the issuer of the
reimbursement bonds, the designated City officials shall also be responsible for making
the "reimbursement allocations" described in the Regulations, being generally written
allocations that evidence the City's use of the applicable bond proceeds to reimburse the
original expenditures.
4. Effect. This Resolution shall amend and supplement all prior resolutions
and/or procedures adopted by the City for compliance with the Regulations (or their
predecessor versions), and, henceforth, in the event of any inconsistency, the provisions
of this Resolution shall apply and govern.
City Council Meeting 06-13-OS
EXHIBIT A
Declaration of Official Intent
The undersigned, being the duly appointed and acting Finance Director of the
City of Maplewood, Minnesota (the "City"), pursuant to and for purposes of compliance
with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal
Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as
follows:
1. The undersigned has been and is on the date hereof duly authorized by
the City Council the City to make and execute this Declaration of Official Intent (the
"Declaration") for and on behalf of the City.
2. This Declaration relates to the following project, property or program (the
"Project") and the costs thereof to be financed:
3. The City reasonably expects to reimburse itself for the payment of certain
costs of the Project out of the proceeds of a bond issue or similar borrowing (the
"Bonds") to be issued after the date of payment of such costs. As of the date hereof, the
City reasonably expects that $ is the maximum principal amount of the
Bonds which will be issued to finance the Project.
4. Each expenditure to be reimbursed from the Bonds is or will be a capital
expenditure or a cost of issuance, or any of the other types of expenditures described in
Section 1.150-2(d)(3) of the Regulations.
5. As of the date hereof, the statements and expectations contained in this
Declaration are believed to be reasonable and accurate.
12. Final Plat -Hillside Estates (Springside Drive, west of Sterling Street)
Approved the Hillside Estates final plat.
13. Conditional Use Permit (CUP) Review -George's Auto Body (1225 Frost
Avenue)
Approved to review the conditional use permits for George's Auto Body Repair at
1225 Frost Avenue again in one year.
14. Conditional Use Permit (CUP) Review -Beaver Lake Townhouses (Lakewood
Drive and Maryland Avenue)
Approved to review the conditional use permit for the planned unit development
for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive
again in one year or sooner if the owner proposes a major change to the site.
15. Carlton Street Improvements, Project 03-22 -Resolution for Acceptance of
Project
Adopted the following resolution for the Carlton Street Improvements, City
Project 03-22, Acceptance of Project:
City Council Meeting 06-13-OS
RESOLUTION 05-06-085
ACCEPTANCE OF PROJECT
WHEREAS, the city engineer for the City of Maplewood has determined that the
Carlton Street Improvements, City Project 03-22, are complete and recommends
acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that City Project 03-22 is complete and maintenance of
these improvements is accepted by the city. Release of any retainage or escrow is
hereby authorized.
H. PUBLIC HEARINGS
1. 7:00 p.m. County Road D Court Improvement, Project 04-06 -Assessment
Hearing and Resolution for Adoption of the Assessment Roll
a. City Manager Fursman presented the report.
b. Public Works Director Ahl 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.
Councilmember Rossbach moved to adopt the following resolution adopting the
assessment roll for the County Road D Court Improvements, City Proiect 04-06:
RESOLUTION 05-06-086
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on April 25, 2005,
calling for a Public Hearing, the assessment roll for the County Road D Court Improvements,
City Project 04-06, was presented in a Public Hearing format, pursuant to Minnesota Statutes,
Chapter 429, and
WHEREAS, the following property owner has filed an objections to their assessments
according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
James M. McMahon, 1290 County Road D E, requested undeveloped property
deferment of the commercial portion of assessment for 5 years, or until the
property is sold.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
City Council Meeting 06-13-OS
1. That the City Engineer and City Clerk are hereby instructed to make the following
adjustment to the assessment roll for the County Road D Court Improvements, City
Project 04-06:
James M. McMahon, 1290 County Road D E (PIN 42922110003): Grant
undeveloped property deferment of commercial portion of assessment. The portion
of the assessment which is currently payable has been reduced from $17,821.18 to
$5,060.00. The amount of $12,761.18 shall be deferred for five years and shall
remain in a deferred status until the property is sold for redevelopment or until
October 1, 2010, which ever comes first. At that time, the deferred (suspended)
assessment shall be recertified to Ramsey County as a 10 year assessment. The
assessment shall continue to accrue annual interest at a rate of 6.1 °~ on the unpaid
balance of the assessment per agreement with the city.
2. The assessment roll for the Road D Court Improvements, City Project 04-06 as
amended, is hereby accepted, a copy of which is attached hereto and made a part
hereof, is hereby adopted. Said assessment roll 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.
3. Such assessments shall be payable in equal annual installments extending over a period
of 15 years, the first installments to be payable on or before the first Monday in January
2006, and shall bear interest at the rate of 6.1 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, 2005. To
each subsequent installment when due shall be added interest for one year on all unpaid
installments.
4. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than October 1, 2005, pay the whole of
the assessment on such property, with interest accrued to the date of the payment, to
the city clerk, except that no interest shall be charged if the entire assessment is paid
within 30 days from the adoption of this resolution; and they may, at any time after
October 1, 2005 pay to the county auditor the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
5. The city engineer and city clerk shall forthwith after October 1, 2005 but no later than
November 15, 2005, transmit a certified duplicate of this assessment to the county
auditor to be extended on the property tax lists of the county. Such assessments shall
be collected and paid over the same manner as other municipal taxes.
Seconded by Councilmember Koppen Ayes-All
7:15 p.m. T.H. 61 East Frontage Road Improvement, Project 04-25 -
Assessment Hearing and Resolution for Adoption of the Assessment Roll
City Manager Fursman presented the report.
City Council Meeting 06-13-OS
Public Works Director Ahl 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.
Councilmember Rossbach moved to adopt the following resolution adopting the
assessment roll for the T.H. 61 East Frontage Road Improvements, City Proiect 04-25:
RESOLUTION 05-06-087
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on April 25, 2005,
calling for a public hearing, the assessment roll for the T.H. 61 East Frontage Road
Improvements, City Project 04-25, was presented in a public hearing format, pursuant to
Minnesota Statutes, Chapter 429, and
WHEREAS, the following property owners have filed objections to their assessments
according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
No objections had been filed as of June 7, 2005
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the City Engineer and City Clerk are hereby instructed to review the objections
received and report to the City Council at the regular meeting on June 27, 2005, as to
their recommendations for adjustments.
2. The assessment roll for the Road T.H. 61 East Frontage Road Improvements, City
Project 04-25, as amended, without those property owners' assessments that have filed
objections, a copy of which is attached hereto and made a part hereof, is hereby
adopted. Said assessment roll 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.
3. Such assessments shall be payable in equal annual installments extending over a period
of 15 years, the first installments to be payable on or before the first Monday in January
2006, and shall bear interest at the rate of 5.0 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, 2005. To each
subsequent installment when due shall be added interest for one year on all unpaid
installments.
4. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than October 1, 2005, pay the whole of
the assessment on such property, with interest accrued to the date of the payment, to
the city clerk, except that no interest shall be charged if the entire assessment is paid
City Council Meeting 06-13-OS 10
within 30 days from the adoption of this resolution; and they may, at any time after
October 1, 2005 pay to the county auditor the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
5. The city engineer and city clerk shall forthwith after October 1, 2005 but no later than
November 15, 2005, transmit a certified duplicate of this assessment to the county
auditor to be extended on the property tax lists of the county. Such assessments shall
be collected and paid over the same manner as other municipal taxes.
Seconded by Councilmember Koppen Ayes-All
AWARD OF BIDS
Hazelwood Street Improvements, Project 03-39-St. John's Boulevard
Resolution Approving the Revised Project Financing Plan
Resolution Receiving Bids and Awarding Construction Contract
City Manager Fursman presented the report.
Public Works Director Ahl presented specifics from the report.
Councilmember Koppen moved to approve the agreement with HealthEast St. John's
Hospital for the Extension of St. John's Boulevard.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to adopt the following resolution for Hazelwood Street
Improvements, Proiect 03-39; approving the revised proiect financing plan:
RESOLUTION 05-06-088
REVISING PROJECT FINANCING PLAN FOR HAZELWOOD STREET IMPROVEMENTS
CITY PROJECT 03-39
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered the
construction of Hazelwood Street Improvements, City Project 03-39, and authorized the finance
director to implement a financing plan for the project, and
WHEREAS, the City Council of Maplewood, Minnesota, has entered into an agreement
with HealthEast St. John's Hospital to acquire temporary and permanent easements and include
the work of extending St. John's Boulevard as part of City Project 03-39, and
WHEREAS, said agreement includes the request by HealthEast St. John's Hospital to
have their assessment under the project increased by $80,960 to offset the costs associated
with extending St. John's Boulevard, and
WHEREAS, this increase in assessments affects the financing plan for the Hazelwood
Street Improvements, Project 03-39, it is now expedient that the financing plan for the project be
revised to reflect the increase in proposed assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the finance director is hereby directed to revise the financing plan for the
City Council Meeting 06-13-OS 11
Hazelwood Street Improvements, Project 03-39 as follows:
Street and Storm Assessments: $ 407,901 (28°~)
Municipal State Aid Bonds: $935,951 (66°~)
Tax Abatement Fund (# 432): $79,948 (6°~)
Total: $1,423,800 (100°~)
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to adopt the following resolution awarding a bid to
Forest Lake Contracting:
RESOLUTION FOR AWARD OF BIDS 05-06-089
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Forest Lake Contracting, Inc. in the amount of $894,492.60 is the lowest responsible bid for the
construction of Hazelwood Street Improvements, City Project 03-39, and the mayor and clerk
are hereby authorized and directed to enter into a contract with 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.
Seconded by Councilmember Juenemann Ayes-All
Public Works Building Expansion -City Project 03-19 -Resolution for Receipt of
Bids and Award of Construction Contract
City Manager Fursman presented the report.
Public Works Director Ahl presented specifics from the report.
The electricity went out at city hall at 7:47 p.m, due to inclement weather. The meeting
continued by flashlight.
Councilmember Koppen moved to adopt the following resolution receiving all bids for the
construction of the Public Works Building Addition. Citv Proiect 03-19. accepting the
withdrawal of the low bid of Merrimac Construction, and awarding a construction contract
to Jorgenson Construction in the amount of $2.138.260. which includes Bid Alternates
#1, #6, and #9
RESOLUTION05-06-092
RECEIVING PROJECT BIDS
APPROVING THE WITHDRAWAL OF BID IN ERROR
AWARDING CONTRACT FOR BUILDING EXPANSION
WHEREAS, pursuant to resolution passed by the city council on April 25, 2005, plans
and specifications for the Public Works Building Expansion, City Project 03-19, were prepared
by (or under the direction of) the city engineer, and bids were received on June 7, 2005, as
follows:
Building Expansion Bid Amount
Architect's Estimate $2,100,000
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Merrimac Construction $1,933,395
Jorgenson Construction $2,097,000
Greystone Construction $2,165,495
Weber, Inc. $2,176,000
Lund Martin Construction $2,176,000
Ebert Construction $2,192,000
CM Construction $2,192,000
Arkay Construction $2,193,000
Rochon Construction $2,242,000
Shaw Lundquist Construction $2,282,549
Falls & Nyhusmoen Construction $2,363,000
WHEREAS, Bid Alternates Number 1 through 9 were also received and the Public
Works Director has recommended the addition of Bid Alternates #1, #6 and #9 to further
enhance the project, and
WHEREAS, the lowest responsible bidder, Merrimac Construction, has immediately
notified the Project Architect of an error in their bidder requiring their withdrawal of the bid, and
WHEREAS, Jorgenson Construction has provided the lowest responsible bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. The bids received for the Building Expansion are hereby received and the Public
Works Director is hereby directed to return the bid bonds accompanying said bids to all bidders
upon the successful contract execution by the low bidder. The bid of Merrimac Construction is
hereby approved to be withdrawn.
2. The bid of Jorgenson Construction in the amount of $2,138,260, which includes
Bid Alternates #1, #6 and #9, is the lowest responsible bid for the construction of the Public
Works Building Expansion. The mayor and manager are hereby authorized and directed to
enter into a contract with said bidder for and on behalf of the city.
Seconded by Councilmember Rossbach Ayes-All
J. UNFINISHED BUSINESS
None
K. NEW BUSINESS
Trout Land Auto Dealerships (Lexus Auto Service Center -Highway 61 and New
County Road D)
a. City Manager Fursman presented the report.
b. Planner Ekstrand presented the specifics of the report.
Commissioner Ahlness presented the Maplewood Planning Commission
report.
d. Boardmember Olson presented the Community Design Review Board report.
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e. Brian Teeters, Ryan Companies, on behalf of Bloomer Properties answered
council questions.
Councilmember Koppen moved to adopt the following resolution approving a conditional
use permit for an automobile service center on Lot 1, Block 1, Trout Land:
VACATION RESOLUTION 05-06-090
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Brian Teeters, of the Ryan Companies, applied for a conditional use permit
for an automobile-repair garage.
WHEREAS, this permit applies to property located between Highway 61 and the future
County Road D Extension. The legal description is:
LOT 1, BLOCK 1, TROUT LAND
WHEREAS, the history of this conditional use permit is as follows:
On May 16, 2005, the planning commission held a public hearing to review this
proposal. City Staff published a notice in the paper and sent notices to the
surrounding property owners as required by law. The planning commission gave
everyone at the hearing a chance to speak and present written statements. The
planning commission also considered the report and recommendation of the city
staff. The planning commission recommended that the city council approve this
permit.
The city council held a public meeting on June 13, 2005, to review this proposal.
The council considered the report 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:
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 Meeting 06-13-OS 14
7. The use would not create excessive additional costs for public facilities or services.
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.
10. Automotive sales and repair facilities are accepted uses in M1 districts subject to
appropriate conditions.
11. Automotive uses, such as these, have been considered part of the Trout Land
commercial development plan all along.
12. In the development agreement forTrout Land, the city council allowed a reduction ofthe
setback from the County Road D extension with the idea that an automotive use would
be known to any would-be owners of the future town homes across New County Road
D. Furthermore, the council required that these automotive-related buildings observe a
350-foot separation from the existing single-family home sites to the west.
Approval is subject to the following conditions:
All construction shall follow the site plan that the city stamped May 3, 2005. The
Director of Community Development may approve minor changes.
2. The proposed construction must be substantially started or the proposed use
utilized within one year of council approval or the permit shall become null and
void. The council may extend this deadline for one year.
The city council shall review this permit in one year.
4. Vehicle transport deliveries to this site are prohibited unless the site is designed to
accommodate this activity entirely within the property. The unloading of vehicles
on the street or highway right-of-way is prohibited. This condition also applies to
the delivery of parts to this building.
The applicant or current owner of this property shall dedicate a cross easement on
or across this site for Sparkle Auto or provide an acceptable alternative across
other properties. This cross easement, or any alternative, shall be subject to the
city engineer's approval.
6. All building-mounted and ground-mounted lights must be down-lit to prevent light
spread beyond the site boundaries. Lighting fixtures must be designed so the
lens and bulbs are not visible from any surrounding homes.
Seconded by Mayor Cardinal Ayes-All
Councilmember Koppen moved to approve the site and landscaping plans date-stamped
Mav 3, 2005 and the building elevations submitted to the community design review
board on Mav 24, 2005 for the Lexus Service Center south of Sparkle Auto on the Trout
Land development property. Approval is subiect to the following conditions:
City Council Meeting 06-13-OS 15
Repeat this review in two years if the city has not issued a building permit for this
project.
Comply with all requirements of the city engineer.
Before getting a building permit, the applicant shall:
a. Dedicate a cross easement on or across this site for Sparkle Auto or provide an
acceptable alternative across other properties. This cross easement, or any
alternative, shall be subject to the city engineer's approval.
b. Provide evidence that cross easements have been granted between all effected
property owners for the shared access driveway to the County Road D extension.
c. Meet all requirements of the assistant city engineer's report dated May 6, 2005.
d. Revise the site plan for staff approval providing:
• A five-foot pavement setback from the south lot line.
• A 20-foot parking lot setback from the northerly lot line where the site abuts
residential property.
Customer and employee parking spaces that measure at least nine feet wide and
drive aisles that measure at least 24 feet wide. These dimensions may be less
for inventory parking, but drive aisles must be at least 20 feet wide. There must
also be enough handicap-accessible parking spaces provided to meet ADA
requirements for customers and employees. The number and placement of
these spaces shall be determined by staff.
The location and design of a screening enclosure for trash and recyclable
materials, unless such containers are to be kept inside. Trash enclosures must
be compatible with the building in materials and design and must have a 100
percent opaque closeable gate.
e. Revise the landscaping plan for staff approval providing for:
More plantings along the north lot line adjacent to the single dwelling property to
the north. Code requires asix-foot-tall and 80 percent opaque screen here to
buffer the parking lot from this neighbor.
• Additional trees along the highway frontage for a tree spacing of 30 feet on
center rather than the 50-foot spacing proposed.
• Three additional trees along the County Road D frontage to create a fuller tree
line. These trees are shown at 30 feet on center. A tighter planting row will help
City Council Meeting 06-13-OS 16
to buffer the site from the future town homes to the west.
• The applicant shall work with staff to enhance the landscaping located on the
south side of the building to ensure an attractive landscape design for future
developments located to the south of the site.
f. Provide engineered plans for any retaining walls that exceed four feet in height. Any
walls over four feet in height must also have a fence on top.
Revise the architectural plans to show the window frames on the building to match
the existing window frames on the Lexus Automobile Dealership building located
across the highway (3000 Highway 61). In addition, the plans must show that all
retaining walls are designed and constructed of materials which are compatible to
the building materials.
h. Have a recorded plat so the subject lot is a legally buildable site.
i. A cash escrow or an irrevocable letter of credit for all required exterior
improvements. The amount shall be 150 percent of the cost of the work.
j. Submit detailed plans for screening the rooftop mechanical units for staff approval.
The plan must attempt to reduce any negative visual impact caused by the units on
the residential property owners to the west. This can be accomplished by combining
the mechanical units or vents, installing the units toward the center of the roof or
some other acceptable method.
4. Obtain the required permit from the Ramsey/Washington Metro Watershed District.
5. Comply with all requirements of the Maplewood Building Official and Fire Marshal.
6. Install lawn irrigation as required by code.
7. Comply with the city's lighting ordinance.
8. Install a stop sign at the driveway intersection at County Road D.
9. Construct the shared-access driveway with pavement and curbing. Escrow may be
accepted in lieu of full completion in consideration of curb cuts that will be needed for the
two southerly sites.
10. If any required work is not done, the city may allow temporary occupancy if:
• The city determines that the work is not essential to the public health, safety or
welfare.
• The above-required letter of credit or cash escrow is held by the City of
City Council Meeting 06-13-OS 17
Maplewood for all required exterior improvements. The owner or contractor shall
complete any unfinished exterior improvements by June 1 if occupancy of the
building is in the fall or winter, or within six weeks of occupancy of the building if
occupancy is in the spring or summer.
11. All work shall follow the approved plans and these conditions. The director of
community development may approve minor changes.
12. The review board noted that the lighting plan is not included in this proposal. Anew
lighting plan must be submitted for review by the community design review board. The
plan must ensure no negative lighting impacts to the residential properties located to the
west by such means as reducing the light pole heights, reducing the number of lights,
using a downcast lighting fixture, etc.
Seconded by Councilmember Rossbach Ayes-All
Rolling Hills Manufactured Home Park (1375 Century Avenue)
Roadway Easement Vacation (Marylake Road -west of Century Avenue)
Conditional Use Permit Review
City Manager Fursman presented the report.
Planner Roberts presented specifics of the report.
The electricity came back on in city hall at 8:45 p.m.
A five minute break was taken.
c. Richard Gabriel, Attorney representing Rolling Hills, answered council questions.
Commissioner Ahlness presented the Planning Commission Report.
Councilmember Juenemann moved to adopt the following resolution approving the
vacation of the unused Mary Lake Road street easement that is west of Century Avenue:
VACATION RESOLUTION 05-06-091
WHEREAS, Mr. Richard N. Pearson and Ms. Jean M. Pearson, the adjacent property
owners, applied to the city for the vacation of the following:
The 80-foot-wide Mary Lake Road street that is west of Century Avenue and that is
under the Rolling Hills Manufactured Home Community described as follows:
The 80-foot-wide street described in document number 1664801 that is west of the west
right-of-way line of Century Avenue as follows:
Parcel No. 1
The North forty (40) feet of the Northeast Quarter (NE %) of the Southeast Quarter (SE
%) of Section 24, T. 29, R. 22, according to the United States Government Survey thereof on file
and of record in the office of the Register of Deeds in and for said Ramsey County.
City Council Meeting 06-13-OS 18
Parcel No. 2
The South forty (40) feet of all that part of the Southeast Quarter (SE %) of the Northeast
Quarter (NE %) of Section 24, T. 29, R. 22, lying South of a line drawn from the Southwesterly
corner of said Southeast Quarter (SE %) of said Northeast Quarter (NE %) extending thence
Northeasterly in a direct line to a point which is the intersection of the Southerly line of the right
of way of the Chicago, St. Paul, Minneapolis and Omaha Railway with the Westerly line of the
highway running along the East side of said Quarter Section, containing 13.25 acres, more or
less according to the United States Government Survey thereof on file and of record in the office
of the Register of Deeds in and for said Ramsey County.
All in Maplewood, Ramsey County, in Section 24, Township 29, Range 22.
WHEREAS, the history of this vacation is as follows:
1. On May 16, 2005, the planning commission held a public hearing about this
proposed vacation. The city staff published a notice in the paper and sent notices to the
surrounding property owners. The planning commission gave everyone at the hearing a
chance to speak and present written statements. The planning commission also
considered reports and recommendations of the city staff. The planning commission
recommended that the city council approve the vacation.
2. On June 13, 2005, the city council reviewed this proposal. The council also
considered reports and recommendations of the city staff and planning commission.
WHEREAS, after the city approves this vacation, the public fee interest in the property
will go to the following described properties:
The Northeast Quarter (NE %) of the Southeast Quarter (SE %) of Section 24,
Township 29, Range 22, according to the United States Government Survey
thereof on file and of record in the Ramsey County Recorders Office (PIN 24-29-
22-41-0002).
That part of the Southeast Quarter (SE %) of the Northeast Quarter (NE %) of
Section 24, Township 29, Range 22, lying South of a line drawn from the
Southwesterly corner of said Southeast Quarter (SE %) of said Northeast Quarter
(NE %) extending thence Northeasterly in a direct line to a point which is the
intersection of the Southerly line of the right of way of the Chicago, St. Paul,
Minneapolis and Omaha Railway with the Westerly line of the highway running
along the East side of said Quarter Section, according to the United States
Government Survey thereof on file and of record in the Ramsey County Recorders
Office. (PIN 24-29-22-14-0003).
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described vacation for the following reasons:
It is in the public interest.
The city and the property owners do not need or use the existing Parcel No. 1 or
Parcel No. 2 for street purposes.
City Council Meeting 06-13-OS 19
The two properties adjacent to Parcel No. 1 and Parcel No. 2 have adequate
street access.
This vacation is subject to the property owner granting to the city an access easement for
ingress and egress purposes over and across the north 30.00 feet of the south 126 feet of the
Southeast Quarter of the Northeast Quarter of Section 24, Township 29, Range 22 (more
commonly known as Ryan Drive lying west of Century Avenue in Ramsey County) to allow the
city ingress and egress between Century Avenue and the city-owned property to the west of the
Rolling Hills Manufactured Home Park.
Seconded by Councilmember Koppen Ayes-All
Councilmember Koppen moved to approve the conditional use permit for the first and
second additions of the Rolling Hills Manufactured Home Park again in five years or
sooner if a problem arises or if the owner proposes a major change to the park.
Seconded by Councilmember Rossbach Ayes-All
Request for Funds for Outside Classification Consultant.
City Manager Fursman presented the report.
Sherrie Le, Human Resource Director presented the specifics of the report
Councilmember Koppen moved to approve up to $5,000 from the City reserves to pay
for the cost of a consultant to study the reclassification of employee positions.
Seconded by Councilmember Rossbach Ayes-All
2005-2006 Dispatcher Labor Agreement
This item was removed from the agenda.
Mayor Cardinal moved to address Item K9
Seconded by Councilmember Rossbach Ayes-All
9. Conditional Use Permit (CUP) Revision -Liberty Classical Academy (1717
English Street)
a. City Manager Fursman presented the report.
b. Planner Roberts presented specifics of the report.
c. The following persons were heard:
d. Commissioner Ahlness, presented the Maplewood Planning Commission Report.
d. The following persons were heard:
Kathy Smith, representing Liberty Classical Academy
Rebecca Hegstrom, Director, Liberty Classical Academy
Councilmember Koppen moved to adopt the following resolution approving a revision to
City Council Meeting 06-13-OS 20
the conditional use permit for the Liberty Classical Academy to operate a school in the
church building at 1717 English Street:
CONDITIONAL USE PERMIT REVISION RESOLUTION 05-06-093
WHEREAS, Ms. Kathy Smith, representing Liberty Classical Academy, is requesting that
Maplewood approve a revision to the conditional use permit for a school to operate in an
existing church.
WHEREAS, this permit applies to the property at 1717 English Street. The legal description is:
The North 262 feet of the South 531.5 feet of the East Y of the SE % of the SE %, subject
to streets, in Section 16, Township 29, Range 22 (PIN 16-29-22-44-0021)
WHEREAS, the history of this conditional use permit is as follows:
On May 16, 2005, the planning commission held a public hearing and recommended that
the city council approve this permit. The city staff published a notice in the paper and sent
notices to the surrounding property owners. The planning commission gave everyone at
the hearing a chance to speak and present written statements. The planning commission
also considered reports and recommendations of the city staff. The planning commission
recommended that the city council approve the permit.
2. On June 13, 2005, the city council reviewed this proposal. At this meeting the council
considered reports and recommendations of the city staff and planning commission. The
council also gave everyone at the meeting a chance to speak and present written
statements.
NOW, THEREFORE, BE IT RESOLVED that the council approve the above-described
conditional use permit based on the building and site plans. The city approves this permit
because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with Maplewood'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 Meeting 06-13-OS 21
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. The school use shall follow the plans dated April 12, 2005, '~~'"^~,'^^'''^^~, as approved
by the city. The director of community development may approve minor changes.
2. The proposed school expansion must be started in this location within one year after
council approval or the permit shall end. The council may extend this deadline for one
year.
3. The school shall have no more than 120 69 students.
4. The property owner or manager shall sweep and stripe the parking lot before the school
occupies their space. This shall include having two handicapped parking spaces in the
parking area west of the building near the entrance to the school space.
5. The school, the church, the fire marshal and the city building official shall agree on a
plan for the school and the church to make the required life safety and building
improvements to the building. This plan shall include the installation of:
a. The required fire protection (sprinkler) systems.
b. An early warning fire protection system (smoke detection and monitoring).
c. Additional emergency lights and exit signs (if necessary).
d. Updated doors and hardware.
e. The necessary changes to meet the handicapped accessibility code
requirements.
f. A proper address on the building.
g. Any other changes the fire marshal or the building official deem necessary.
h. All the improvements and changes listed in and shall meet all the conditions
listed in David Fisher's memo dated April 25, 2005.
6. The city council shall review this permit revision in one year.
Seconded by Councilmember Rossbach Ayes-All
5. Capital Improvement Plan for 2006-2010
a. City Manager Fursman presented the report.
b. Finance Director Faust presented the specifics of the report.
City Council Meeting 06-13-OS 22
c. Planner Roberts reported what occurred at the Planning Commission Meeting.
Councilmember Koppen moved to adopt the following resolution approving the Capital
Improvement Plan:
RESOLUTION 05-06-094
WHEREAS, the 2006-2010 Capital Improvement Plan coordinates the timing and financing
of major equipment purchases and construction projects, and
WHEREAS, the 2006-2010 C.I.P. is a planning tool for City staff and elected officials, and
WHEREAS, it is important to follow the construction and financing schedule on pages 1-8
and 1-9 in the C.I.P. in order to fully utilize the City's engineering staff and minimize the need for
consultant engineers, and
NOW THEREFORE, BE IT RESOLVED, that the 2006-2010 C.I.P. is hereby adopted as a
planning document, and
BE IT FURTHER RESOLVED, the construction and financing schedule on pages 1-8 and
1-9 in the C.I.P. will be followed to the greatest extent possible.
Seconded by Mayor Cardinal Ayes-All
Councilmember Koppen moved to run the Capital Improvement Plan video following the
meeting.
Seconded by Mayor Cardinal Ayes-All
Water Surcharge
City Manager Fursman presented the report.
Finance Director Faust presented specifics from the report.
Councilmember Koppen moved to approve the proposed water surcharge fee of $.070
per quarter for a family of four with average water usage (i.e. 20 units perm quarter).
Seconded by Councilmember Juenemann Ayes-All
Preliminary Approval of Improvement Bond Issue
City Manager Fursman presented the report.
Finance Director Faust presented specifics from the report.
Councilmember Koppen moved to adopt the attached resolution that provides
preliminary approval for the sale of $2,115,000 General Obligation Improvement Bonds
and schedule a special Council meeting at 5:00 p.m. on Thursday, July 21 for a bid
award on the bond issue:
City Council Meeting 06-13-OS 23
RESOLUTION 05-06-095
PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF
$2,115,000 GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 2005A
A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the
"City"), has heretofore determined that it is necessary and expedient to issue $2,115,000
General Obligation Improvement Bonds, Series 2005A (the "Bonds"), to finance various
improvement projects within the City; and
B. 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, 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
proposals for the competitive negotiated sale of the Bonds.
2. Meeting; Proposal 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 proposals for, and awarding the sale of, the Bonds. The proposals shall be
received at the offices of Springsted and shall be opened at the time 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 the sale, the City Clerk, Mayor 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.
EXHIBIT A
TERMS OF PROPOSAL
$2,115,000
CITY OF MAPLEWOOD, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Thursday, July 21, 2005, until 10:00 A.M., Central
Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul,
Minnesota, after which time they will be opened and tabulated. Consideration for award of the
City Council Meeting 06-13-OS 24
Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
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 in which the Proposal is submitted.
(a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax
(651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be
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) 223-3046 for inclusion in the submitted Proposal.
OR
(b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via
PARITY0.. For purposes of the electronic bidding process, the time as maintained by PARITY°
shall constitute the official time with respect to all Bids submitted to PARITY®. Each bidder shall
be solely responsible for making necessary arrangements to access PARITY' for purposes of
submitting its electronic Bid in a timely manner and in compliance with the requirements of the
Terms of Proposal. Neither the City, its agents nor PARITY®shall have any duty or obligation to
undertake registration to bid for any prospective bidder or to provide or ensure electronic access
to any qualified prospective bidder, and neither the City, its agents nor PARITY®shall be
responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or
have any liability for any delays or interruptions of or any damages caused by the services of
PARITY®. The City is using the services of PARITY° solely as a communication mechanism to
conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City.
If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this
Terms of Proposal shall control. Further information about PARITY®, including any fee charged,
may be obtained from:
PARITY®, 1359 Broadway, 2"' Floor, New York, New York 10018
Customer Support: (212) 849-5000
DETAILS OF THE BONDS
The Bonds will be dated August 1, 2005, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing August 1, 2006. 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:
2007 $ 80,000 2011 $145,000 2015 $145,000 2019 $140,000
2008 $150,000 2012 $145,000 2016 $145,000 2020 $140,000
2009 $150,000 2013 $145,000 2017 $145,000 2021 $145,000
2010 $150,000 2014 $145,000 2018 $145,000
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds
and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must
City Council Meeting 06-13-OS 25
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 "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 Bond, 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 may be 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, 2015, and on any day thereafter, to prepay Bonds due on or after
February 1, 2016. Redemption may be in whole or in part and if in part at the option of the City and in
such manner as the City 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.
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. In addition the City will pledge special assessments
against benefited properties. The proceeds will be used to finance various improvement projects within
the City.
TYPE OF PROPOSALS
Proposals shall be for not less than $2,093,850 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 $21,150, 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 must 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
City Council Meeting 06-13-OS Zg
received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit
requirement. The Deposit received from the purchaser, the amount of which will be deducted at
settlement and no interest will accrue to the purchaser, will be deposited by the City. 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 °~.
Rates must be in level or ascending order. 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 that 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.
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.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but
neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute
cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service
Bureau charge for the assignment of CUSIP 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 that shall be
received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless
compliance with the terms of payment for the Bonds has 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
City Council Meeting 06-13-OS 29
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 a nearly 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, 380 Jackson Street, Suite 300, 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 85 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.
Seconded by Mayor Cardinal Ayes-All
8. Requests for Proposals (RFP) -City Recycling Services
City Manager Fursman presented the report.
Environmental Management Specialist Konewko gave the specifics of the report.
Councilmember Juenemann moved to approve the attached (Attachment A) Request for
Proposal (RFP) for recycling services for the city and authorize approval for the release of the
RFP.
Seconded by Councilmember Rossbach Ayes-All
10. Twin Cities Capitol Community Fund Participation Agreement
City Manager Fursman presented the report.
Assistant City Manager Coleman presented the specifics of the report.
Councilmember Juenemann moved to authorize city staff to execute the following Participation
Agreement and Loan Fund Agreement for TCCCF. Funding for this program is available in the
Redevelopment Fund. There are proceeds forms the sale of the Larpenteur Avenue properties
in the fund that the city can apply to this activity:
City Council Meeting 06-13-OS 30
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City Council Meeting 06-13-OS 31
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City Council Meeting 06-13-OS 33
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City Council Meeting 06-13-OS 34
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City Council Meeting 06-13-OS 39
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Seconded by Mayor Cardinal Ayes-All
11. Kenwood Area Street Improvements, Project 05-16 -Resolution Ordering Preparation of
Feasibility Study
a. City Manager Fursman presented the report.
b. Public Works Director Ahl presented specifics of the report.
Councilmember Koppen moved to adopt the following resolution ordering the Preparation of the
Feasibility Study for the Kenwood Area Street Improvements, City Protect 05-16:
RESOLUTION 05-06-096
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the Kenwood Area Streets, City Project 05-
16, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to
Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
City Council Meeting 06-13-OS 42
That the proposed improvement be referred to the city engineer for study and that he is
instructed to report to the council with all convenient speed advising the council in a preliminary way as
to whether the proposed improvement is necessary, cost effective and feasible and as to whether it
should best be made as proposed or in connection with some other improvement, and the estimated
cost of the improvement as recommended.
report.
FURTHERMORE, funds in the amount of $40,000 are appropriated to prepare this feasibility
Seconded by Councilmember Juenemann Ayes-All
12. Gervais Avenue Improvements (Cypress St. to Maplewood Dr.), Project 05-17 -
Resolution Ordering Preparation of Feasibility Study
City Manager Fursman presented the report.
Public Works Director Ahl presented specifics of the report.
Councilmember Koppen moved to adopt the following resolution ordering the preparation of the
feasibility study for the Gervais Avenue Street Improvements, City Proiect 05-17:
RESOLUTION 05-06-098
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the Gervais Avenue Streets, City Project
05-17, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant
to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is
instructed to report to the council with all convenient speed advising the council in a preliminary way as
to whether the proposed improvement is necessary, cost effective and feasible and as to whether it
should best be made as proposed or in connection with some other improvement, and the estimated
cost of the improvement as recommended.
report.
FURTHERMORE, funds in the amount of $15,000 are appropriated to prepare this feasibility
Seconded by Councilmember Juenemann Ayes-All
13. Settlement Agreement between City of Maplewood and Schmelz Family, LLC, Pertaining
to Retained Utility Easements over Vacated Cope Avenue & Duluth Street
City Manager Fursman presented the report.
City Attorney Kelly presented specifics of the report.
Councilmember Juenemann moved to adopt the following resolution approving the Settlement
Agreement between the City and Schmelz Family. LLC:
City Council Meeting 06-13-OS 43
RESOLUTION 05-06-097
SETTLEMENT AGREEMENT RESOLUTION
WHEREAS, Maplewood did vacate Rights of Way for Duluth Street and Cope Avenue on
February 27, 1989, December 9, 2002 and February 10, 2003 and
WHEREAS, Maplewood did retain certain permanent utility easement rights for maintenance
purposes and
WHEREAS, SCHMELZ FAMILY, LLC. et. al. brought suite against the CITY OF
MAPLEWOOD, et. al. in civil action to define and clarify by court declaration the perpetual use
of the retained easements and
WHEREAS, the District Court of the Second Judicial District did in fact adjudicate the settlement
in Court File No: CO-03-1924 in a settlement agreement satisfactory to both parties.
NOW THEREFORE BE IT RESOLVED, that the city council accepts and approves the
SETTLEMENT AGREEMENT as provided by the District Court of the Second Judicial District.
Seconded by Councilmember Koppen Ayes-All
14. Markham Pond Retaining Wall, City Project 05-18-Authorize Engineering Investigation
of Wall Failure
City Manager Fursman presented the report.
Public Works Director Ahl presented specifics of the report.
Councilmember Koppen moved to approve the hiring of SEH Engineers for $17,500 to perform
a geotechnical evaluation of the Markham Pond Retaining Wall, City Proiect 05-18.
Seconded by Councilmember Juenemann Ayes-All
L. VISITOR PRESENTATIONS
Jerry Markie, 1247 Leland Road was present to address the council regarding concerns
he has with Councilmember Monahan-Junek.
M. COUNCIL PRESENTATIONS
South Leg Meeting-Councilmember Rossbach gave a report on the South Leg meeting
from June 2, 2005. Ann Hutchinson from the Nature Center was the featured speaker.
Approximately 20 people attended with the topics of conversation including the EAW and
Democratic Governance.
National Night Out-Councilmember Juenemann encouraged everyone to participate in
National Night Out on Tuesday, August 2"'
NEST-Councilmember Koppen provided an update from the last meeting which included
a concern with the proposed 10°~ cut in transportation funding.
City Council Meeting 06-13-OS 44
Nest-Mayor Cardinal displayed pictures of the eagles in a nest at Keller Lake.
N. ADMINISTRATIVE PRESENTATIONS
Dispatch Consolidation-Notice of Public Hearing
City Manager Fursman presented the report.
Mayor Cardinal requested a public hearing be held at the June 27`h City Council Meeting.
Mayor moved to hold off on the letter to the county until after the public hearing.
Seconded by Councilmember Koppen Ayes-Mayor Cardinal, Councilmembers
Koppen, Monahan-Junek and Rossbach
Nays-Councilmember Juenemann
City Manager Fursman announced the ribbon cutting for the Ramsey County Court House at
2050 White Bear Avenue for Tuesday, June 18, 2005. The Court House will open for business
on June 20`h
O. ADJOURNMENT
Councilmember Juenemann moved to adjourn at 10:35 p.m.
Seconded by Councilmember Koppen Ayes-All
City Council Meeting 06-13-OS 45