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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 City Council Meeting 06-13-OS 12 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. City Council Meeting 06-13-OS 13 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 PA L~tJt~'J JB~?~ ACt ." s~~JE:"JT €JtR4 ~t's~F'tt~biJ.'*€T ~` z ""€ is x#Rm :fE'eri#~va~ m3 tzt`#s #i~y ea# ...__......._ :a#...® ms arut J`~. ~` ~'# aEaeklay #'aPat~€ Fk# m 4#' Rm a -~ru#r; uzx z €~"E'C'4"{'~R"! kuRRE #3 ::.': t>aars {'Mcm ~}"J, #ikti#r hms~~ ~E m'P..:' l~.e x#! tike, #~r..~ ~"m~" art ttC dai t€Rir~ R€k 9:. $RpR# R~ 3 ~tk f#aE €.. €}r~ ....... W,,,,,,-.:... GsaSiss a#t€Rea'wEsa v€kaxsEi#'t1. 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City Council Meeting 06-13-OS 31 ~rtt9: Sl;~€7#C, C # ptE~ 't5 rtt tka'~ sti#~.+'~ *r : '~9 '~'' r:tu~ A,.imtsrC rrrvtn tad• Crrr+,~txta ~ ~~ ~#~~.i#EM~. { ~ ~!' aCE axk i~.rt~, t trr~ar tra C.~'t€n fry e aI.'~'h a* rmE* I' k# #~ic ra~rrrCt ~rrr3 s €~ s~r~~EEr rtC. °• rtts~ r~E<ae# ° irf ~ ~a$ >htt #t*3 ~"~#'{~#= i31 F tax. }}' ate grt ;[v~ r ~vo-d Rce}trr ~rrx# s~~r~r ~xrr~' krr~ ' ~ r .#'F +~M:k 8m~ t.'.: tr~~ fr:~ : ~ C.. _t~ ekts° d t i~8#r?~:. srt~ or €. ~~xrtrm~ 1+ xw ars cFr~ _~ rr ~~ t~ ~. wss"ta~xr ~ur.;:~.:m rr~.t rst {tluc "#.x'~§r7 lxrrtai ;~. m "j,. {h} Itr itrG ~y~#rr tC~ ~.' ~ ~E##c~•r>i# Esp tPE~ I €" Arr. #3 dsx~ txe~ ~~:>+at r v~sss~ { stn tr€ ~ ~}... shs txi~..i titre ~~Ern ' #~E Cad ern3iirlc fix ~#r#~n~in~ Pvrrrfn~ Erf rht: r£~ft' a~u~ ~.:. ~~~ ~tr4e~. a~i#i furutira~. tea ks~ xu~rti~xC rvx ~°€'i{r~'C° a?r b~C"~t~ ~r~ ~t~ t C r €... 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J~~ErS..° v. nth, 'T°{..`£'~°C`•• wkr~B3 CZ~u +m~~t€E ~3~ €~v~a'~.€ie :.. d'ex• ~... ~ hu nr €cy.. , 1.r~an F~Etrr~ F'~r;..txau nt e ftmC+ +n EIr~ t tt i•tar,s~: Ei€sa+~~ tr~rrL ~. fr€. ~Iu*~~ {~{ #...... ~t :a% ___' A.E# ~ -~ rC 2u: mark' ~ #r#~ ~:arrr~rrao.. {h~ {;. rk Crrrrdi~~ 'Nxa Ixt>dtr y T!c ~I#~~:i rkmki ['C °C"t`F tttKhKr° F.~-aEa~a R_ , ~ Is#.~Y3 {~UEiL#^~ ta~ #~r4` P,.c+arr Or#cr~.. 4F$ l~#r~t rtkr{'Yrrrt 3L71SdS• Bkk i9ik 3,4ES4MklIi3# xW'kkiik~i$F5r {{t art{. y;~. City Council Meeting 06-13-OS 32 1.. s@tapm t ' ~t tide i~* ~~s Ct€rth iaa tE 1. t~*: ~• ~~ .~.~€` ~'~ ~t~t~l€d? i#C. t2xy+~€~. u~:l E%: {,' i~3~, . stx ;~ '~ z{ts:! ~:* fe~€x'! s:~} a#~~,x~~z . paF,. ~~~..} 'krsin F~et~ ~I`{~C...."C;..F' will r~~ Pas:Eta+a~ ,~~ tva sa-~r~ ns.9'~a t;1E>xjayg. f3e%3d~ t•.:% t iv~s .~.e a n. EF€e r#a.~ s3a••..' € e 4k~air~, ~, '~ ~'C'~.."~` :. de# va~e~l E iii t Pt' % tE~ C ~~ t ~%~e~ 3.3..§',-. #...:.. ~ xis t'.'t.: ~.: ~ ~~ ai f %.€. smta,#s~d Cn: r vsaItt I 4€~%..€ iEES~ tF.. a'S I€+ ~ ~. 54 ~#, ,.... 'tJ ~l v..v I ° %. A# €3at~ iii €~33rt1 31 ~ ~ P w ~~ dt~ 1.,. C~u39tk ~~3,'..z~~~~ ~ 4#~ ',... Er~~ r€IslE~~a, rlial3~. r~ ~$~;~1~~ E.. ~ a #ar :. tE.. - ice: ~qd Id ~..% ~ t':'tazlit CI ~.. C "CS ssv~ €a~ la u~nm i€k s&ay1 ~Iv€t~ wwEi 3€t•4i #!~'C'f"E `C"4r €vr tEtc Fs~cr,€w d1~~v€l~ If kith c~sted u~iEP.. a3 wxru9d uc~ i~le~€~ ~s L. trt#a ~. ti€. ~G' ~~. ,i% XF~I.~ Y31 :: .~ nS : ~I tt} R€ 3k i~3 1C E 33~` ~R i3}, ~t th** {~~ 'C'%3 ktl~h st ' ~..* €Ixlg i.' ary a~3 ~.aitaw ~CK'..i't'~' atr • m}' tyui ~.' 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City Council Meeting 06-13-OS 33 ? ~. :. ~ ~:~~v .....::.® .~t t,: t sI# Fat. 4xt ' ~ . r dive }~rs~' , €h~°sr aiav' stxa BiXXt ~ASV~tr•X I'~vx e' XJerPN ~vt #~isf .~tx' . a #A'v ~.$ F.. ~aatat ht ¢ti<iAC ': . tIF t.. #f ' IIu m~a: ~td in 'ttsah ~}''F`t`C'~ ias ii.*, ~.,... tl~r~ssXx~t.. ~saX3 FIa~ tEa~ ~s...~.~ ° ~xs~~FFp- ~st tII tx1' bar }a; s~xls#I ~ ~ dTI~ ,'t aat grad stay aI~t dtX~;aa#a F&. #~i'. sv< ~d.".~...~.... ~... ~~:......... .III: rve.~' ~~sh..~ ~tsiaa#XXVXt,..i ~ tiffs r~3Xa~F ~Xr ~#sxI #atit .~ ~t ~t~# lay Fts. tivr~trX~ I# + at ~F*' oX#':. a'k} t ~ g~... a!€X#~I5#~tev v I#, Ala tLX aE~ ~ x.. ~. w ~a ~,p Fxy ~ r= #F#.r€t:~ ~xaxXiXi its Fttx pr~p~idl,. tXr savxt #Xa' t~.taFaiaile sXr ta. 1 ~XFX#reA:; ~ tax #Fae it#... i .~# ?aX {hs.• ,. r~F~~ ~~tit:.ri~aTxF Rsek*aa^ v5t tXx Avxrh. tat. ~rX*vv,. ~ ' eXXai#t nXaatXFatr, ~- rI'. ~ . a. ski s' ' a~ ie 3w tXa~.le€ t€t t~'... Attva:• ~A tat - I34F F Riau ~ I}v'iv~~ ~sarte Zd{F tvtN :, a ~a'#ta5 ~ .... aX' RAta3X ~~ tlas Xx41#rv~A, t~t~<kXiXi?& XkvXXiX x~r a+- Xt ~ tha-~ e~ the F' ' ~IaaT+~X vX~Xat ;~i~ curr F`~~t. 3 ~. ~csvc~a.: ~'.tR..uF ta. ~.. t.Xn -'At t5~ ~f~st'v® 4is~n IX a -... ' to as Fts asst :. a~.. ~vtt>•a'~ :x# tFae ~I ata~ r £e vx#'x„Fxtiw Air asa M1 Y ~; ~ aFX~ AtXt " td Ft taaa ai+~ es gray eiraae ': aced ' tAV 1'{"£'.~ ~x ,::' 'I'{.'t'..~#.".Fs'. aas~~ rx]p' sXpmwX rill tFi Isxsa~ ~..iktx~ #au F #~XI ~xXalxarlreXt t#.. ce tca~..; I & {,~.° .:,„ ~ 'I'hXa ~S riar ~' FXXa.rX'kXt~tF ~rX: ~Txuv~ tai h' . rah. : txX~v~ ,. Ii:': iS+ # ::. '~ ~ "£ ~ ttK§T #FIeS ~, }' rX7datt!~ ~. #la ta4t$ f..atMaatile. 'F'IB p~~t irvateXF t #Ist. I'axexxl sa.... ast .: c ~~F....4 atie f' tail. uteri&a s~' ~X'.rTFat i'a$ Xt;4aaxias~ ~€ T~#T~ F..:.. " v5f t €tiE to axt ~ a'~s,:_ Ah ~-vf . I ~~.F ~+~,, 't .~4 rXNXSt sF~X31 Fat F;naXat Fat• rXxtt*,trvex3 ita tXrttata9~ ttlt6 ~. ~~. a6 #t~~a~ ~raXF~~3., ~ 5k$~ X#t,{ wxs~t' XXx ~: I~t TFpt ~ : I~xX!d`#4xt5ar'4•• tit a. #iF} It. un ttsEA rraad :' #h~ PXSas~ of nx~XTXlxv~shrp sTX Td.`r"{"t'~ #Fa:t ~X ~x~t FYx't:.ti ~'#rtE ~ F.:t.... t~'~~'t C. # tv#. #~'tr:~y .,. ...w.. _ . ............. ..... Ira City Council Meeting 06-13-OS 34 ~~ ~ ,cs ~~~~r~,~t~;~ t'hia ~:•~a~rt t~tteatt I•:• w fit... tit t~ ~ uffrt'tieti• ta..s ;~ ~ttats ........... } ~+t' ........ ~~ ~?~• tEtls "I'ti~r!~' 4t'tto••tt Ct~r~hSta;yE3Y {"n~te'~t: ~•'tt~ea, ~! h+Eitait~a;evttt tx~ f~ ~ ~ratu~te (~~"~`{'{'°i-"~~, 4~"he•ts h~ht;~a Tt~.* ~ *r~vt;~r~a ~A. ~"Irta~~tw ~~~nt"}~ i€i ~ tta~t tta¢s R ° ratett tMaui sit' titx ~•~h ~=i~~trt° rlt:~rst Fa atet tta m~rkt ~' ~~t~rp• ~ s rye}, •~'~~~•.t~t',~~}~~'. ~ ~~ Ydd~ii".ei4iC 4'LtaSSke~eSf~7i{ala, tip 7Ct£S~t S£kt"i~bl'aCTti;V k uaE ' •kt • t~e~k~ ~ir€i ;fir tba £tkll<etiv~r i'- _. x ~~ ~.ta } . ~s•~ , '~ t~ } ~~€ this ?t tta~tt is t~+ ~t+a~+~i~h t~t~ w t~ t wt~ci , bpi. ~e ' i s i axtc~ pi i~ ~ ta}• A s e~. as ~.: Est A :. ^t• ': ! h~ uses pit irk: ~.' ~±- ~ t+~` E ~~ tt ~. taie~a v tm~' ~* it' ~ cis 1~ah€staat C; . •~ ~ ~• his ~ Ott ~mtalw ~»~. ..•$iaearE'~~ ~~ '~!i€tiar •... ~ ~.rks c';.. ta{s.~ dt•.~e~. tai ka;+ Ci#ta: n€ ~ ~t +~~'~}" 'tt~t:t itf T~~'~F tiara "' ,txt 0sa ~~~~ ~i, era tt~ h•~rt~u .i~~t~ ~za Rt~tfttf ~'d°t t'F• "t'"rir~ R~~.r~rt~ ~` m • ~ t••t~~elie r~€v~ wit h x~ptit~t~ taa is t~v~tt}~a aae t.~t•.' ¢ ~eae.. art ~` t#i}et ~ et#`t1~ ¥~i1.{tit A~*1' t#G. 'd?~=wufra ~r~e Z °. sa ~ ~retsiat~~s ire cealt~tatsr~iey cC~t•~3tl~~a~rte h}~a >~~rtat~c;~ ~tti "~ {"~•~°ir. "~.tt^rtt»•.~;~*d~rr ~•..... •'~1~ST tr 3T~tt~ h9ita tt~ ia~.~° City Council Meeting 06-13-OS 35 ..~,, w. ~J~r~e art Sa, :, x~~ r. ~~~~ iJ~ ~~~ x~f~:Ey..o~ t'L ~ :Y~xwyx5. i~ fE~~. J~_ x~+f ~r haNJuJt 3 xa# this xtJ;r ~t. ~t x ~° A`tx~rt~ .° ~c~ tJ~ i w ~ •x~otx~€ +EasJ~~tI p ~~G ~xa tl~~ x4~;r~ravx pit. -~~ __®.e"+E c,~t' ~° # #~,~~E~~ rte'... c~J. ° ua~~,~,c'~x .:::- City Council Meeting 06-13-OS 36 c~n~ 3 M~~~ t~ tI~ t'~axzr~~ ri~€~; tt~x~ ~`~:~'~- ~ ' ~S~:rtr~a a~ ~~~' ~f ~.. ~ ~x ~~ tE~ ~~~a ~ t~f s £3eur~E~a~t~ i y ~:~;{'it`d € ~ €~t ~ ~ i~ s#~ ~~ € ~' u 4 rk~~~ u~~~ll ~ u~s~ t~, tl~c rxa:i ~~c ;~#' ~~ ti~a~ Cyr #r~~~#i°re~I ' ax.°is'~ t~ ®.....® ..... ....® ~~ _... ..._...w.v CM kid ~„~~~~~au;~ ~~ ~~u~u~#"k ~€} fir , ~.u c~C`T~:t't'~ ~?~ , „ec..v„, ~~m by City Council Meeting 06-13-OS 37 F. liav~~t i~.:F~~axi~tti~ ~3~.t~, ~~ ~ ~x # , ~ stn, ~I t+n3 hied ~ iit5 P ,t itt ~idan~ a~f a C"i "~ ~~ ~ ~a~ ~#e r~. ~~} ~: fri~'isa~ ~ ~ ~ta€iCi, ~?u i ia~ tip ietk-tiiattrts cs~taiais in this :1~ f 1n. is ~ €~ r~~~3ew ~~iti~. a-xf ~.s ~ i ~ ~ ~ t€~ ~tii ustd h?• mn}• etti~r t2u to ~ti City Council Meeting 06-13-OS 38 a5rkt u e~}ra tit~.tx k~rt`~ak,. ~~tt~~• A~a~ i€ t r~~ttktva~9~ak~° tar ~G~tx1t. irk y° xvx•r ~s~a• a ~a~tt`asi~~..~Y:, raa~'t~y:k ,.... ~tr„ya~ xs r~r s~~~#ay x~x£ F?~r3~i~s~krktep A~+r+r~ ~ air talk atrx:ukak~raC~ axut aat€~ ~.~ r~s#xxrt~a~SiIJ1v ita k~Pa:B~a fir rte fx}rkkt atk`~~ ' tn~r: # ~t*~'t~r tP~ ~t°~ty, akattxar~ky~ tit#a' c*e ~ttttt r r>~tt~~ tti" V ~ th ~Jkeraa~r~kJ cast rta€~~ ~ Oar ~aareastek~ aaa~k~- ffr r xa._ .. i4at ~~€sttm+ .~~ t~ Eae• rr~~t lea E} tan ~N tr~~~trua~taaakt~: a`€srt9 a as~itizk~ trrxm T~~;r*'i~ ~ ,u~ax zk ' ° .a4..a a~'e~.. {°~ ~wscra~w ~•1gt~rit [. avu~ rs~~sa~x`4 x~ur.€rp~ 9Jte 4 ~t `his .~k; : n rru: t+~' p *~ ;art ~ts~~t ~ klrr~ kti k9 tom; `u ~aY:ra?u r Arta t J• a .~~ ~rrt E}t t 1'~e €~ ~xt att Ft, i#° ~ I] h~ ~!a4t t~re}rii ar3tC ~. a Ri #h~ (,.~{? ~• at ~ tour: ~~} tJtakt. ~k~ the ri~Cxrs tat" kr~ sxt. ~#~~ :` rs t~v~~ :.. at ~ ~y, 'j~rii~ark~d hs ~ ~trtJrJ a~° +~" s~~k~aaat r+f ~~ ~ t&v>t it t~$t ~lt~s aa~h t~ : iJ.xt;raat'« ~~ t~ Grua# tx? Eia nt"x.a ' ~ t~~ttt . ~i 3a~rJ tir {t~ C.t~lkl irtl dk#tCr~atra~ E~avC rr ar+t~tk~tt%! ~~ #"ure!~ ~~~ _- ~ et Wit' :irk. ~t~~ t+~' t3tc ~~ta~tr~ t« ~~~ckx~}~ air art ~atu~tk~ rr. kap k as J~ttrri aa# `~kJ nS tks~~ra~ t~ s~~a.at .. r~d~. t*. xst~ ~ stial] tsa° pte+ttxrttxt its ~ct~tr iat Ott ~ vrkr?t °h taarokJ.~~.. k t. "9"K t,C`~.~~~,~ s .:._a: ~ a ~„~f na h#szJt~~r rtsv :' x: c~ d~s3~€>Eit~s T~ 3t~ k~~~nt dtaritk~ # r~rm a?t rtkGS ~ t+ ~Xk~z;S~xm f tm ~ ~ ~ trt ftallawwdi tiat • t~f "1"{'t'{:~' ~~a kes ktr G ~.?~t~?w-~rJ~ t : #tti katE tls. t7~tk~~ ~ r is h r€t teaks r~ ~k City Council Meeting 06-13-OS 39 ~t~ } i~;sti~ its }n#~s~t•st ~# s}Se ~+9~rsakx#r ~usxts aa~s}v:tt ts€s~~ ' ~s ~ ss~ci iet #txs` t agars $' gr.ra?~ ~r'm3 ~~ vrh.§~~#~.a': a#a~~ .~.f*ra•~rs~ervt rarer} #$~~.... sik .~ a~~,#r .~. ~}s #a~rC}} #fi~ ~' v#sx #a ~. -, u A~~rt~ tia~sth ~. # ~s+ t}n# }s#w~~•tssa~~# aat" #sirM: h~ 9t#tt~ t ~srra} ~ s m~•~~}t# #} tt ' ~r}aa:~a frat~.t sea # 7 ~~ r~~ ~ {~5 ~•~ ~f~h.. _ ~~~~.at*ra erf t n vaf P.aak~• .~#at .n. rotate ~xp~rt ~arrst ~ ar• r}ri~ ~, ,~~ ~: }~} a}~;'#sr~#s# ~f #tse: t~s# tit ~r$. ~I~ras ~ s~rx#s:t dv~ ~ ss#~ts# ar3t# taa t}stx T~rrut #~#sssd ~s~r~?w atr ~ ~ ~ ~ ~ E ~+ ;5~ t~ ~ rr~' Fr~~• A~~rr# ttpta#t ' =n t taut t~ U!~#~ratsfEts~a ~L## tiosr: ~:.• t: ~t 3~9 i ~..' 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S': ti3:- t , V3R ik:~ti~YLi ~;.H#itavY'. i* ::#m'i:? bi +'+i $ 3'! ~=': # ::~° ' £#.~y°3' P".Nd }3M n.s•. .Fa-i~m:i :t{# R~•.. .':ei.A Y t #t •: 'i °t},. P.5'~'~:9dff.'i' ~It:#Fl:#t: }:~ •S:'.AI .~S};. :~ b: vi't:- y~.: i~...:} .kµ3...'#i: i44try et~tw3ttMC`Fd*244 .ar~' tEY~a~... ii?M9:. ~aw~; tvi'=t~ "k'xt*. s'.*'AF $ifit~v e.wF.t!Xaira~F:+tt~a~F. hik ~v #`:3°n i i:4RA'1~:? I at'}x!!a~ iur.S81dt w 5.nt~d:*.I m ° #-._•km : #, Kam.,: 'hd^,Tk'`t xiA`~„~r,.F.4~,n.xt ti , w .: -t:''t'w*.. 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