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Home My WebLink About05-24-2010 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,May 24, 2010 Council Chambers, City Hall Meeting No.11-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent Absent James Llanas, Councilmember John Nephew, CouncilmemberPresent Julie Wasiluk, CouncilmemberPresent D.APPROVAL OF AGENDA CouncilmemberNephewmoved to approve the agenda as submitted. Seconded by Councilmember Wasiluk.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of May 10, 2010,City Council Workshop Minutes Councilmember Nephewmoved toapprove the May 10, 2010,City Council Workshop Minutes as submitted. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 2.Approval of May 10, 2010,City Council Meeting Minutes Councilmember Wasilukmoved toapprove the May 10, 2010, City Council Meeting Minutes as submitted. Seconded by Mayor Rossbach.Ayes –All The motion passed. May 24, 2010 1 City Council MeetingMinutes F.APPOINTMENTS AND PRESENTATIONS 1.Presentation on Project Retrofit by Ramsey Conservation District a.Assistant City Manager, Public Works Director, Chuck Ahl introduced the item and the speaker Mr. Shaun Tracy b.Mr. Shaun Tracy,Landscape Reservation Ecologistgave a presentation on Project Retrofit for Ramsey Conservation District. G.CONSENT AGENDA 1.Mayor Rossbachmoved to approve items1-13. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 1.Approval of Claims Mayor Rossbachmoved Approval of Claims. ACCOUNTS PAYABLE: $209,255.82Checks # 81242thru # 81295 Dated 05/03/10 thru 05/11/10 $ 356,259.27Disbursements via debits to checking account Dated 04/03/10 thru 05/07/10 $52,449.80Checks # 81296 thru # 81338 Dated 05/13/10 thru 05/18/10 $ 150,405.93Disbursements via debits to checking account Dated 05/07/10 thru 05/14/10 __________________ $ 768,370.82Total Accounts Payable PAYROLL $599,213.41Payroll Checks and Direct Deposits dated 05/14/10 $ 2,799.75Payroll Deduction check #1008986thru #1008988 Dated 05/14/10 ___________________ $602,013.16Total Payroll GRAND TOTAL $ 1,370,383.98 Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. May 24, 2010 2 City Council MeetingMinutes 2.Approval of Lawful Gambling Temporary Permit for White Bear Avenue Business Association Mayor Rossbachmoved toapprove the resolution for the lawful gambling temporary permit for the White Bear Avenue Business Association. RESOLUTION10-05-399 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premise permit for lawful gambling is approved for White Bear Avenue Business Association, PO Box 9328, North St Paul, MN 55109 to be used on July 14, through July 18, 2010 at The Ramsey County Fair Grounds, 2020 White Bear Avenue, Maplewood, MN 55109. 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 license 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. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 3.Approval of 2009 Budget Adjustments for Maplewood Community Center (MCC) Mayor Rossbachmoved toapprove reducing the 2009general fund budget $22,650, and increase the Maplewood Community Center budget for $22,650. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 4.Approval of Resolution to Waive the Statutory Tort Limits Mayor Rossbachmoved toapprove adopting the resolution to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. RESOLUTION 10-05-400 A RESOLUTION TO MAINTAIN THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04; and WHEREAS, the choices available are; to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; May 24, 2010 3 City Council MeetingMinutes NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council does herebyelect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04; and, that such election is effective until amended by further resolution of the Maplewood City Council. Adopted by the City Council of the City of Maplewood, Minnesota at a regular meeting held May 24, 2010. ATTEST: ________________________________________________________________ Karen E. Guilfoile, City ClerkWilliam Rossbach, Mayor Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 5.Approval of authorized Signers on City Owned Bank Accounts Mayor Rossbachmoved toapprove the resolutions and required agreements authorizing the Mayor, City Manager and Finance Manager as signers on city owned bank accounts. RESOLUTION 10-05-401 DEPOSITORY SERVICES RESOLUTION FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME: City of Maplewood CONTACT: Gayle Bauman ADDRESS: 1830 County Road B East Maplewood, MN 55109 TAX IDENTIFICATION NUMBER: 41-6008920 Karen GuilfoileCity Clerk I, do hereby certify that I am the of the above-named governmental entity CityMinnesota (therein called the “Depositor”) aexisting under the laws of the State of and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly 24thMay10 and properly called and held on the day of , 20; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED , that U.S. Bank National Association is hereby designated as a depository of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorse; and that any officer of the Depositor is hereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED , that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of facsimile or mechanical signature or otherwise authorized, by any one of the individual listed in the section entitled “Authorized Signers”, and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person for application, or which are actually applied to the payment of any such indebtedness awing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, May 24, 2010 4 City Council MeetingMinutes transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the depositor from time to time. RESOLVEDCity Clerk,Karen Guilfoile , that the hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. TheBank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or bywhom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. RESOLVED , That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED , That any and all transactions by or on behalf of the Depositor with the Bank [prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled “Authorized Signers”. I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. Account Number:150080667150 Authorized Signers NameTitleSignatures Will RossbachMayor James W. AntonenCity Manager Gayle BaumanFinance Manager __________________________________________ __________________________________________ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this 24thMay10. day of , 20 ____________________________________ __________________________________________ (Certifying Officer)(Title) May 24, 2010 5 City Council MeetingMinutes ____________________________________ __________________________________________ (Attest by one other officer)(Title) RESOLUTION 10-05-402 DEPOSITORY SERVICES RESOLUTION FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME: City of Maplewood CONTACT: Gayle Bauman ADDRESS: 1830 County Road B East Maplewood, MN 55109 TAX IDENTIFICATION NUMBER: 41-6008920 Karen GuilfoileCity Clerk I, do hereby certify that I am the of the above-named governmental entity CityMinnesota (therein called the “Depositor”) aexisting under the laws of the State of and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly 24thMay10 and properly called and held on the day of , 20; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED , that U.S. Bank National Association is hereby designated as adepository of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorse; and that any officer of the Depositor ishereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED , that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of facsimile or mechanical signature or otherwise authorized, by any one of the individual listed in the section entitled “Authorized Signers”, and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person for application, or which are actually applied to the payment of any such indebtedness awing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the depositor from time to time. RESOLVEDCity Clerk, Karen Guilfoile , that the hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmlessby the Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. May 24, 2010 6 City Council MeetingMinutes RESOLVED , That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED , That any and all transactions by or on behalf of the Depositor with the Bank [prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) ofthe persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled “Authorized Signers”. I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. Account Number:104755879525 Authorized Signers NameTitleSignatures Will RossbachMayor James W. AntonenCity Manager Gayle BaumanFinance Manager __________________________________________ __________________________________________ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this 24thMay10. day of , 20 ______________________________________________________________________________ (Certifying Officer)(Title) ______________________________________________________________________________ (Attest by one other officer)(Title) Seconded by Councilmember Juenemann.Ayes –All The motion passed. 6.Approval of Resolution Accepting a Donation of an Upgrade of Software for Heart Monitor/Defibrillator for the Fire Department Mayor Rossbachmoved toapprove accepting the donation from Regions Hospital of $14,000 for software upgrades for the Philips MRX heart monitors/defibrillators. May 24, 2010 7 City Council MeetingMinutes RESOLUTION 10-05-403 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Regions Hospital wishes to grant the city of Maplewood the following: $14,000, and; WHEREAS, Regions Hospital has instructed that the City will be required to use the aforementioned for: use by the fire department to upgrade the software for the Philips MRX heart monitor/defibrillator, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a super majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by super majority vote of its membership on May 24, 2010. Signed:Signed:Witnessed: ___________________________________________________________________________ (Signature)(Signature)(Signature) Mayor____Chief of Fire City Clerk__________________ (Title)(Title)(Title) ___________________________________________________________________________ (Date)(Date)(Date) Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 7.Approval to Purchase a Used Pickup Truck for the Fire Department Mayor Rossbachmoved toapprove the purchase of one Ford F250 pickup truck in the amount of $22,700 from Synergy Motor Car Company. Seconded by CouncilmemberJuenemann.Ayes –All May 24, 2010 8 City Council MeetingMinutes The motion passed. 8.Request Approval to Enter Into Byrne Justice Assistant Grant Mayor Rossbachmoved toapprove the police department to enter into this interlocal agreement and accept $16,529, less 10 percent administrative fees, under the 2010 Byrne Justice Assistance Grant. Seconded by CouncilmemberJuenemann.Ayes–All The motion passed. 9.Approval to Purchase for Testing Services for the Hills and Dales Area Street Improvements, City Project 09-15 Mayor Rossbachmoved toNorthern Technologies, Inc. for services totaling $28,069.00 for the Hills and Dales Area Street Improvements, City Project 09-15. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 10.Approval to Call for NPDES Phase II Public Meeting for June 28, 2010 Mayor Rossbachmoved toapprove the council set the public meeting for the NPDES permit requirement for June 28, 2010, beginning at 7:00 p.m. in the council chambers. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 11.Park and Recreation Commission 2009 Annual Report Mayor Rossbachmoved toapprove the 2009 Parks and Recreation Annual Report. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 12.Resolution approving Public Employees Retirement Association of Minnesota (“PERA”) Phased Retirement Option Mayor Rossbachmoved toapprove the Public Employees Retirement Association of Minnesota (“PERA”) Phased Retirement Option. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. May 24, 2010 9 City Council MeetingMinutes 13.Approval of Resolution Appointing Permanent EMS Director Mayor Rossbachmoved toapprove the resolution appointing Fire Chief, Steve Lukin as the permanent EMS Director. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. H.PUBLIC HEARING 1.Frost Avenue Bridge Replacement, City Project 10-07/Establishment of a Bridge Replacement Program a.Public Hearing 7:00 p.m. b.Resolution Establishing a Bridge Replacement Program i.Assistant City Manager, Public Works Director, Chuck Ahlintroduced the itemand gave a background of the bridge replacementand then introduced Jon Horn with Kimley Horn. ii.Jon Horn, Kimley Horn gave the report, addressed and answered questions of the council. Mayor Rossbach opened the public hearing. No one came forward to speak. Mayor Rossbach closed the public hearing. Councilmember Wasilukmoved toapprove the resolution establishing a bridge replacement program for Frost Avenue, City Project 10-07. RESOLUTION 10-05-404 ESTABLISHING A BRIDGE REPLACEMENT PROGRAM AND CREATING A PRIORITIZED BRIDGE REPLACEMENT LIST WHEREAS, the City of Maplewood has reviewed the pertinent data on bridges requiring replacement, rehabilitation, or removal, supplied by local citizenry and local units of government; and WHEREAS, the City of Maplewood has identified those bridges that are high priority and that require replacement, rehabilitation, or removal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.The following deficient bridges are high priority, and the City of Maplewood intends to replace, rehabilitate, or remove these bridges as soon as possible when funds are available. Old Road Number Total State Federal Local or Proposed Bridge or NameConstructionBridge FundsState Aid Construction NumberCostFundsFundsYear 4984Frost Avenue$2,000,000$1,600,000$0$400,0002011 92252Sterling Street$500,000$400,000$0$100,0002015 May 24, 2010 10 City Council MeetingMinutes 2.The City of Maplewood does hereby request authorization to replace, rehabilitate, or remove such bridges. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 2.Consider Approval of Resolution to Issue Tax Exempt Bonds for Ecumen’s Purchase of the Regent at Maplewood LLC –7:00 p.m. a.Environmental Planner, Shann Finwall gave the report and answered questions of the council. i.Mary Ippel, Briggs & Morgan, W2200 First National Bank Building, 332 Minnesota Street, St. Paul,addressed and answered questions of the council. Mayor Rossbach opened the public hearing. No one came forward. Mayor Rossbach closed the public hearing. CouncilmemberNephewmoved toapprove the resolution authorizing the issuance of housing and health care revenue bonds to finance projects under Minnesota Statutes, Chapter 462C and Section 469.152 to 469.1653 and authorizing the execution of various documents in connection with the project and the bonds. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota, was duly held at the City Hall in the City of Maplewood on Monday, the 24th day of May, 2010, at 7 o'clock P.M. The following Council Members were present:Mayor Rossbach, Councilmember Juenemann, Councilmember’s Nephew andWasiluk absent and the following was:Councilmember Llanas Council Member Nephew introduced the following resolution in writing and moved its adoption: CITY OF MAPLEWOOD RESOLUTION NO. 10-05-405 May 24, 2010 11 City Council MeetingMinutes RESOLUTION AUTHORIZING THE ISSUANCE OF HOUSING AND HEALTH CARE REVENUE BONDS TO FINANCE PROJECTS UNDER MINNESOTA STATUTES, CHAPTER 462C AND SECTION 469.152 TO .1653 AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION WITH THE ECUMEN HEADQUARTERS ANDTHE SEASONS OF MAPLEWOOD PROJECTS BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "City"), as follows: 1.Authority. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 462C, and Sections 469.152 to .1653 as amended (collectively, the "Act"), authorized to issue and sell its revenue bonds for the purpose of financing the cost of housing facilities for the elderly and facilities for use by nonprofit corporations and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2.Proposal. The City Council has received a proposal from Ecumen, a Minnesota nonprofit corporation (the "Borrower") that the City undertake to finance or refinance a certain Project as herein described pursuant to the Act, through issuanceby the City of its Housing and Health Care Revenue Bonds (Ecumen Headquarters and The Seasons of Maplewood Projects), Series 2010 in the aggregate principal amount not to exceed $6,000,000 (the "Bonds"), in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement") among Dougherty & Company LLC (the "Underwriter"), the Borrower and the City. 3.Project. The Borrower desires to finance (a) a portion of the costs of the design, acquisition, construction and equipping of a 150-unit project providing senior housing with services, assisted and special care services, located at 3030 Kennard Street North in the City and (b) refinancing of prior indebtedness incurred to finance the acquisition and renovation of the Company's corporate headquarters at3530 Lexington Avenue North, Shoreview, Minnesota (collectively, the "Project"). The Project as described above will further the policies and purposes of the Act. 4.Financing Structure. The City of Shoreview will hold a public hearing with respect to the Project and will adopt a resolution giving host approval to issuance of the Bonds by the City for that portion of the Project in the City of Shoreview. It is proposed that, pursuant to a Loan Agreement between the City and the Borrower (the "Loan Agreement"), the City agrees to make a loan of the proceeds of the sale of the Bonds to the Borrower and the Borrower agrees to undertake and complete the Project and to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Bonds. It is further proposed that the City assigns its rights to the payment and certain other rights under the Loan Agreement to the U.S. Bank National Association (the "Trustee"), as security for payment of the Bonds under a Indenture of Trust (the "Indenture"). The Borrower and Trustee will enter into a Continuing Disclosure Agreement (the "Continuing Disclosure Agreement"). The Bonds will be offered for sale pursuant to an Official Statement (the "Official Statement"). Certain representations and covenants about the Project will be set forth in a Tax Exemption Agreement among the City, Trustee, and Borrower dated as of the closing date (the "Tax Exemption Agreement"). 5.Forms of Documents Submitted. Forms of the following documents have been submitted to the City Council for approval: (a)The Loan Agreement; (b)The Indenture of Trust; (c)The Tax Exemption Agreement; (d)The Bond Purchase Agreement; and (e)The Preliminary Official Statement, the operative draft on the date hereof of the Official Statement. May 24, 2010 12 City Council MeetingMinutes 6.Findings. It is hereby found, determined and declared that: (a)the Project described in the Loan Agreement and Indenture constitutes a "project" authorized by the Act as a senior rental housing and health care facility, and furthers the purposes of the Act; (b)the Act authorizes (i) the construction and equipping of the Project, (ii) the issuance and sale of the Bonds, (iii) the execution and delivery by the City of the Loan Agreement, Tax Exemption Agreement and Indenture, (iv) the performance of all covenants and agreements of the City contained in the Loan Agreement, Tax Exemption Agreement, Indenture, and Bond Purchase Agreement, and (v) the performance of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Tax Exemption Agreement, Indenture and Bond Purchase Agreement and the Bonds valid and binding obligations of the City in accordance with their terms; (c)it is desirable that the Borrower be authorized, subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper, to complete the construction and equipping of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and with or without advertisement for bids as required for the acquisition, renovation, construction and installation of municipal facilities; (d)it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture and established pursuant to this resolution; (e)the payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bondsissued under the Indenture when due, and the Loan Agreement and Indenture also provide that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement and Indenture; and (f)under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City, except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the interest of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds do not constitute or give rise to a pecuniary liability or moral obligation of the City, the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory or home rule charter limitation of indebtedness. The Bonds are notmoral obligations nor annual appropriation obligations of the City. 7.Approval of Housing Program. The City hereby approves the housing program prepared in connection with financing the Project. The City has established a governmental program of acquiringpurpose investments for qualified 501(c)(3) projects. The governmental program is one in which the following requirements of §1.148-1(b) of the federal regulations relating to tax-exempt obligations shall be met: (a)the program involves the origination or acquisition of purpose investments; May 24, 2010 13 City Council MeetingMinutes (b)at least 95% of the cost of the purpose investments acquired under the program represents one or more loans to a substantial number of persons representing the general public, states or political subdivisions, 501(c)(3) organizations, persons who provide housing and related facilities, or any combination of the foregoing; (c)at least 95% of the receipts from the purpose investments are used to pay principal, interest, or redemption prices on issues that financed the program, to pay or reimburse administrative costs of those issues or of the program, to pay or reimburse anticipated future losses directly related to the program, to finance additional purpose investments for the same general purposes of the program, or to redeem and retire governmental obligations at the next earliest possible date of redemption; (d)the program documents prohibit any obligor on a purpose investment financed by the program or any related party to that obligor from purchasing bonds of an issue that finances the program in an amount related to the amount of the purpose investment acquired from that obligor; and (e)the City shall not waive the right to treat the investment as a program investment. 8.Approval of Forms; Execution. Subject to the approval of Briggs and Morgan, Professional Association, as Bond Counsel, and the City Attorney and the provisions of paragraph 10 hereof, the Bond Purchase Agreement, the Loan Agreement, Indenture and Tax Exemption Agreement, and exhibits thereto (collectively, the "Bond Documents") and all other documents listed in paragraph 4 hereof are approved in substantially the forms submitted. The Bond Documents, in substantially the forms submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Manager (collectively, the "Authorized Officers"). Any other documents and certificates necessary or appropriate to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Loan Agreement and Indenture. 9.Official Statement. The City has been presented with a draft of the Official Statement (in the form of the Preliminary Official Statement), which is to be completed and dated on or about the date of the delivery of and payment for the Bonds. The City hereby consents to the presentation of information relating to the City in the Official Statement under the caption "The Issuer". The City hereby finds that the information regarding the City in the sections of the Official Statement captioned "The Issuer" and "Absence of Litigation" is true and correct; and the City hereby ratifies, confirms and consents to the use of said sections in the Official Statement in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Official Statement other than information regarding the City in the sections therein captioned "The Issuer" and "Absence of Litigation" and the City takes no responsibility for such information. Subject to the statements above in this paragraph, the City approves the form of the Official Statement and authorizes its use in connection with the sale of the Bonds. 10.Issuance; Acceptance of Offer. Subject to paragraph 10 hereof, the City shall proceed forthwith to issue the Bonds, in the form and upon the terms set forth in the Indenture. The maximum principal amount of the Bonds shall be $6,000,000. The Bonds shall bear interest at the rate or rates, mature in the amounts and be subject to redemption as agreed to by the Underwriter and Borrower, and approved by the Mayor, but in no event shall the interest rate or rates be fixed at rates which would cause the net interest cost of the Bonds to exceed eight percent (8.00%) and the final maturity date on the Bonds shall be not later than March 1, 2050. The principal amount, maturity dates, redemption provisions, and interest rate or rates so established shall be set forth in the Indenture prior to its execution. The offer of the Underwriter to purchase the Bonds for a sum equal to the aggregate principal amount thereof as reduced by any original issue discount, or increased by any originalissue premium less an underwriting discount, plus accrued interest to the date of delivery at the interest rate or rates to be so established, is hereby accepted, and the Mayor is hereby authorized and directed to execute the Bond Purchase Agreement when the principal amounts, rate or rates, maturity schedule and redemption provisions have been so established. The Manager and other officials are hereby authorized May 24, 2010 14 City Council MeetingMinutes and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Underwriter. 11.Records and Certificates. The Mayor, City Manager, and other officers of the City are authorized and directed to prepare and furnish to the Underwriter certified copies of all proceedings and records of the City relating to the Bonds and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 12.Changes in Forms Approved; Absent and Disabled Officers. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved prior to their delivery by Bond Counsel and by the City officials authorized herein to execute or accept, as the case may be, said documents; and said City officials are hereby authorized to approve said changes on behalf of the City. The approval hereby given to the various documents referred to above includes approval of (a) such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additionsthereto as may be necessary and appropriate and approved prior to their delivery by Bond Counsel and by the City officials authorized herein to execute or accept, as the case may be, said documents and (b) such additional documents, agreements or certificates as may be necessary and appropriate in connection with the Bond Documents, as are approved by Bond Counsel and City officials authorized herein to execute said documents prior to their execution; and said City officials are hereby authorized to approve said changes or additional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the event of absence or disability of the Mayor or the Manager, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the City Council by the ActingMayor, or the person authorized to act in the stead of the City Manager, or by such other officer or officers of the City, in the opinion of Bond Counsel, may act in their behalf. 13.Headings; Terms. Paragraph headings in this resolution are for convenienceof reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Capitalized terms used, but not defined, herein shall have the meanings given them in, or pursuant to, the Indenture or Loan Agreement. th Adopted this 24day May, 2010. _____________________________________ Mayor ATTEST: City Clerk Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. I.UNFINISHED BUSINESS May 24, 2010 15 City Council MeetingMinutes 1.Hills and Dales Area Street Improvements, Project 09-15, Resolution Adopting Revised Assessment Roll a.Assistant City Engineer, Steve Love gave the report, addressed and answered questions of the council. b.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Nephewmoved toapprove the resolution adopting the revised assessment roll Furthermore requestingthat for the Hills and Dales area street improvements, project 09-15. staff look at the sewer costs at 1240 Belmont Lane. RESOLUTION10-05-406 ADOPTING REVISEDASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 10, 2010, the assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, twenty-four (24) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1.Parcel 092922440077–Amy and Bryan Wallace; 1233 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wallace are requesting that the assessment be cancelled due to financial hardship and do not believe the street reconstruction is warranted at this time. 2.Parcel 142922440083 –Patricia A. McDonough; 1750 Howard Street N. It is currently proposed that the property be assessed for 1 unit (street and storm). Ms. McDonough is requesting that the assessment be revised to exclude the storm sewer assessment as she had to pay for additional storm sewerto be installed at the time her house was constructed. 3.Parcel 092922430024 –Michael and Sue Wilke; 1152 County Road B E. It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wilke are requesting that the assessment be deferred as undeveloped property and have stated that this area is their backyard and they have no plans on developing this property. 4.Parcel 142922410059 –Perry Dotterman; 1850 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dotterman is requesting a disability deferral. 5.Parcel 142922410058 –Perry Dotterman; 0 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dotterman is requestingan undeveloped property deferral. 6.Parcel 092922440068 –Jerry and Dolores Markie; 1247 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Markie are requesting a senior citizen deferral. 7.Parcel 092922440122–George Meyer-Guthman; 2171 Atlantic Street N. It is currently proposed that the property be assessed for 2 units (street only). Mr. Meyer- Guthman is requesting a revision of assessment from 2 units to 1 unit. 8.Parcel 142922410016 –Rose Povlitzki; 2233 Ripley Avenue May 24, 2010 16 City Council MeetingMinutes It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Povlitzki is requesting a financial hardship deferral. 9.Parcel 162922110115 –Margaret Chalkline; 2043 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Chalkline is requesting a disability deferral. 10.Parcel 162922110099 –Esther Olson; 2117 Atlantic Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Olson is requesting a revision of assessment. 11.Parcel 162922110053 –Michael Churchich; 1240 Belmont Lane E. It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Churchich is requesting a financial hardship deferral. 12.Parcel 142922440048 –Bob Serreyn; 1695 Howard Street It is currently proposed that the property be assessed for 1 unit (street only). Mr. Serreyn is requesting a financial hardship deferral. 13.Parcel 162922140017 –Raymond R. Decker; 2002 DuluthStreet It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Decker is requesting a revision of assessment. 14.Parcel 162922110075 –Connie Johnson; 2132 Atlantic Street N. It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Johnson is requesting revision of assessment. 15.Parcel 092922440069 –Peggy Hartzell; 1246 E. County Road B It is currently proposed that the property be assessed for 1 unit (street only). Mrs. Hartzell is requesting a cancellation of assessment. 16.Parcel 162922140024 –Sao Xiong; 1241 Ryan Avenue E. It is currently proposed that the property be assessed for 1 unit (street and storm). Sao Xiong is requesting a financial hardship deferral. 17.Parcel 092922440076 –Barbara Verdon; 1237 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Ms. Verdon is requesting a cancellation of assessment. 18.Parcel 092922440086 –Rebecca Gurrola; 2210 Duluth Street It is currently proposed that the property be assessed for 1 unit (street only). Mrs. Gurrola is requesting a cancellation of assessment or a disability deferral. 19.Parcel 142922410055 –Jack Hurley; 1829 Furness Street It is currently proposed that the property be assessed for 1005 Front-Feet along Furness Street (street only). Mr. Hurley is requesting a revision of assessment. 20.Parcel 162922140012 –Art Moore; 1232 Shryer Avenue E. It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Moore is requesting a cancellation of assessment or a financial hardship deferral. 21.Parcel 162922140045 –Kenneth G. Dufner; 2017 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dufner is requesting a cancellation of assessment. 22.Parcel 142922440047 –Phoenix Residence Inc.; 1685 Howard Street May 24, 2010 17 City Council MeetingMinutes It is currently proposed that the property be assessed for 1 unit (street only). The Phoenix Residence Inc. is requesting a cancellation of assessment. 23.Parcel 142922410048–Phoenix Residence Inc.; 1866 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). The Phoenix Residence Inc. is requesting a cancellation of assessment. 24.Parcel 092922440108 –Peggy A Jerusal; 1277 Junction Avenue E. It is currently proposed that the property be assessed for 1 unit (street only). Ms. Jerusal is requesting a disability deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A.That the City Engineer and CityClerk are hereby instructed to make the following adjustments to the assessment roll for the Hills and Dales Area Street Improvements, Project 09-15: 1.Parcel 092922440077–Amy and Bryan Wallace; 1233 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wallace are requesting that the assessment be cancelled due to financial hardship and do not believe the street reconstruction is warranted at this time. Staff recommendation is to deny the cancellation ofassessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 2.Parcel 142922440083 –Patricia A. McDonough; 1750 Howard Street N. It is currently proposed that the property be assessed for 1 unit (street and storm). Ms. McDonough is requesting that the assessment be revised to exclude the storm sewer assessment as she had to pay for additional storm sewer to be installed at the time her house was constructed. Staff recommendation is to grant a revision of assessment to cancel the storm sewer portion of the assessment. A copy of record of payment for past storm sewer installations has been received and verified by city staff.This information has been updated and noted on the final assessment roll. 3.Parcel 092922430024 –Michael and Sue Wilke; 1152 County Road B E. It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wilke are requesting that the assessment be deferred as undeveloped property and have stated that this area is their backyard and they have no plans on developing this property. Staff recommendation is to grant an undeveloped property deferral (15 years) upon approval of necessary paperwork. If the property remains undeveloped during the entire 15 year deferral time period the assessment will be cancelled. If at any point during the 15 year deferral period the lot is developed the assessment would become active. 4.Parcel 142922410059 –Perry Dotterman; 1850 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dotterman is requesting a disability deferral. Staff recommendation is to grant a disability deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 5.Parcel 142922410058 –Perry Dotterman; 0 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dotterman is requesting an undeveloped property deferral. Staff recommendation is to grant an undeveloped property deferral (15 years) upon approval of necessary paperwork. If the property remains undeveloped during the entire 15 year deferral time period the assessment will be cancelled. If at any point during the 15 year deferral period the lot is developed the assessment would become active. May 24, 2010 18 City Council MeetingMinutes 6.Parcel 092922440068 –Jerry and Dolores Markie; 1247 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Markie are requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 7.Parcel 092922440122 –George Meyer-Guthman; 2171 Atlantic Street N. It is currently proposed that the property be assessed for 2 units (street only). Mr. Meyer- Guthman is requesting a revision of assessment from 2 units to 1 unit. Staff recommendation is to grant a revision of assessment from 2 residential units to 1 residential unit. Proper documentation has been provided and verified by the city staff. Ramsey County has corrected the legal description and assigned a new Property Identification Number. This information has been updated and noted on the final assessment roll. 8.Parcel 142922410016 –Rose Povlitzki; 2233 Ripley Avenue It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Povlitzki is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 9.Parcel 162922110115 –Margaret Chalkline; 2043 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Chalkline is requesting a disability deferral. Staffrecommendation is to grant a disability deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 10.Parcel 162922110099 –Esther Olson; 2117 Atlantic Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Olson is requesting a revision of assessment. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. 11.Parcel 162922110053 –Michael Churchich; 1240 Belmont Lane E. It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Churchich is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. Staff recommendation is to deny their secondary request to reduce the amount of their assessment by $3,750 due to their past correction of a sanitary sewer problem at their property. 12.Parcel 142922440048 –Bob Serreyn; 1695 Howard Street It is currently proposed that the property be assessed for 1 unit (street only). Mr. Serreyn is requesting a financial hardship deferral. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 13.Parcel 162922140017 –Raymond R. Decker; 2002 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Decker is requesting a revision of assessment. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. 14.Parcel 162922110075 –Connie Johnson; 2132 Atlantic Street N. It is currently proposed that the property be assessedfor 1 unit (street and storm). Mrs. Johnson May 24, 2010 19 City Council MeetingMinutes is requesting revision of assessment. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 15.Parcel 092922440069 –Peggy Hartzell; 1246 E. County Road B It is currently proposed that the property be assessed for 1 unit (street only). Mrs. Hartzell is requesting a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. 16.Parcel 162922140024 –Sao Xiong; 1241 Ryan Avenue E. It is currently proposed that the property be assessed for 1 unit (street and storm). Sao Xiong is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 17.Parcel 092922440076 –Barbara Verdon; 1237 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Ms. Verdon is requesting a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. 18.Parcel 092922440086 –Rebecca Gurrola; 2210 Duluth Street It is currently proposed that the property be assessed for 1 unit (street only). Mrs. Gurrola is requesting a cancellation of assessment or a disability deferral. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessmentpolicy and the property will realize a benefit from this project. Staff recommendation is to grant a disability or senior citizen deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 19.Parcel 142922410055 –Jack Hurley; 1829 Furness Street It is currently proposed that the property be assessed for 1005 Front-Feet along Furness Street (street only). Mr. Hurley is requesting a revision of assessment. Staff recommendation is to grant a revision of assessment by adjusting the assessable frontage to 733.65 in accordance with the City’s special assessment policy. This information has been updated and noted on the final assessment roll. 20.Parcel 162922140012 –Art Moore; 1232 Shryer Avenue E. It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Moore is requesting a cancellation of assessment or a financial hardship deferral. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 21.Parcel 162922140045 –Kenneth G. Dufner; 2017 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dufner is requesting a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. Staffrecommendation is to grant a senior citizen deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. May 24, 2010 20 City Council MeetingMinutes 22.Parcel 142922440047 –Phoenix Residence Inc.; 1685 HowardStreet It is currently proposed that the property be assessed for 1 unit (street only). The Phoenix Residence Inc. is requesting a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property isbeing assessed per the City’s assessment policy and the property will realize a benefit from this project. 23.Parcel 142922410048 –Phoenix Residence Inc.; 1866 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). The Phoenix Residence Inc. is requesting a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. 24.Parcel 092922440108 –Peggy A Jerusal; 1277 Junction Avenue E. It is currently proposed that the property be assessed for 1 unit (street only). Ms. Jerusal is requesting a disability deferral. Staff recommendation is to grant a disability deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. B.The assessment roll for the Hills and Dales Area Street Improvements as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. 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. C.Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential properties and 8 years for commercial properties, the first installments tobe payable on or before the first Monday in January 2011 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, 2010. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D.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, 2010, 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, 2010, 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 October 15 or interest will be charged through December 31 of the next succeeding year. E.The city engineer and city clerk shall forthwith after October 1, 2010, but no later than October 15, 2010, 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. th Adopted by the council on this 24day of May 2010. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. May 24, 2010 21 City Council MeetingMinutes 2.Flood Plain Overlay District Ordinance and Flood Plain Rate Panel Map Amendments –(Second Reading) a.Environmental Planner, Shann Finwall gave the report and answered questions of the council. MayorRossbachmoved toapprove the second reading of the floodplain ordinance amendments. The floodplain ordinance is being amended to meet the new Federal Emergency Management Agency’s flood regulations and to adopt the new floodplain insurance rate maps which will become effective June 4, 2010. ORDINANCE NO. 902 AN ORDINANCE AMENDING CHAPTER 44 (ZONING), ARTICLE VIII (FLOODPLAIN OVERLAY DISTRICT) TheMaplewood City Councilapproves the following changes to the Maplewood Code of Ordinances: This amendment revises portions of the city’s zoning code (Chapter 44) dealing with the floodplain overlay district (Sections 44-1191 through 44-1209). This amendment also moves this section of the zoning code in its entirety to the Environment Chapter (Chapter 18) of the city code. FLOODPLAIN ORDINANCE Section 1.Authorization. The state legislature has in Minnesota Statutes, Chapters 103F and 462, delegated the authority to local governmental units to adopt regulations designed to lessen flood losses. Minnesota Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore, the city has adopted this ordinance. Section2. Purpose. The purpose of this ordinance is to lessen potential losses due to periodic flooding, including loss of life, loss of property, health and safety hazards. Further, it is also to lessen the disruption of commerce and governmental services, extraordinary public payments for flood protection and relief, and impairment of the tax base. Within the meaning of the National Flood Insurance Program, all of these adversely affect the public health, safety and general welfare. Section 3. Liability. This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or damages. This ordinance shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decisions lawfully made under this ordinance. Section 4. Adoption of flood insurance rate map. Flood Insurance Study for Ramsey County, Minnesota (All Jurisdictions) and the Flood Insurance Rate Map Panels therein numbered 27123C0038G, 27123C0039G, 27123C0041G, 27123C0042G, 27123C0043G, 27123C0044G, 27123C0065G, 27123C0101G, 27123C0102G, 27123C0110G, 27123C0117G, 27123C0119G, 27123C0130G, and 27123C0140G, all dated June 4, 2010 and prepared by the Federal Emergency Management Agency (FEMA), are hereby adopted by reference as the official Floodplain Map and made a part of this ordinance. Section 5. Applicability. May 24, 2010 22 City Council MeetingMinutes (a)This ordinance shall apply to all lands designated as floodplain within the city and has been revised in 2010 to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the city’s eligibility in the National Flood Insurance Program. (b)Annexations. The Flood Insurance Rate Map panels adopted by reference above may include floodplain areas that lie outside of the corporate boundaries of the City of Maplewood at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Maplewood after the date of adoption of this ordinance, the newly annexed floodplain lands shall be subject to the provisions of this ordinance immediately upon the date ofannexation into the City of Maplewood. (c)Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greaterrestrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (d)Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 6. Interpretation. The director of community development shall determine the boundaries of the floodplain district by scaling distances on the official floodplain zoning district map. Where there is a need for interpretation about the exact location of the boundaries of the floodplain district, the director of community development shall make the necessary interpretationbased on the ground elevations that existed on the site at the time the city adopted its initial floodplain ordinance or the date of the first National Flood Insurance Program map that placed the site in the floodplain if earlier.The director shall make this interpretation based on the elevations of the regional (100-year) flood profile, if available. If 100-year flood elevations are not available, the city shall: (a)Require a floodplain evaluation consistent with Sections 11(a)to determine a 100-year flood elevation for the site; or (b)Base its decision on available hydraulic/hydrologic or site elevation survey data. Section7. Definitions. Unless specifically defined in this ordinance, the words or phrases used in this ordinance have the same meaning as they have in common usage. A person shall interpret these words or phrases to give this ordinance its most reasonable application.The following words, terms and phrases when used in this ordinance, shall have the meanings ascribed to them in this ordinance, except where the context clearly indicates a different meaning: Accessory Use or Structuremeans a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use orstructure. Basementmeans any area of a structure, including crawl spaces, having its floor or base subgrade below ground level on all four sides. This is regardless of the depth of excavation below ground level. Director means the director of community development. Flood fringemeans that portion of the floodplainoutside the floodway. May 24, 2010 23 City Council MeetingMinutes Floodplainmeans the channel or beds proper and the areas adjoining a wetland, watercourse or lake which a regional flood may have or could hereafter cover. Floodplainareas within the city shall include all areas shown as Zone A or Zone AEonthe flood insurance rate map. Floodwaymeans the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplainwhich the regional flood reasonably requires to carry or store the regional flood discharge. Lowest floormeans the lowest floor of the lowest enclosed area (including basement). Manufactured homemeans a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include the term “recreational vehicle.” Obstructionmeans any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across or projecting into any channel, watercourse, lake bed or regulatory floodplainwhich may impede, retard or change the direction of flow in itself or by catching or collecting debris carried by floodwater. Recreational vehiclemeans a vehicle that is built on a single chassis, is four hundred (400) square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regional floodmeans a flood which represents the large floods known to have occurred in Minnesota. Such a flood is characteristic of what one can expect to occur on an average of every 100 years. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Rate Map. Regulatory flood protection elevationmeans the elevation no lower thantwo (2) feetabove the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplainthat result from designation of a floodway. Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities. This includes, but is not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes orrecreational/vehicles not meeting the exemption criteria specified in Section 19(a)(1)and other similar items. Substantial damagemeans damage of any origin sustained by a structure where thecost of restoring the structure prior to its damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvementmeans any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a)Any project for improvement of a structure to correct existing violationsof state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. May 24, 2010 24 City Council MeetingMinutes (b) Any alteration of an “historic structure,” provided that the alteration will not preclude the structure’s continued designation as an “historic structure.” For the purpose of this ordinance, “historic structure” shall be as defined in 44 Code of Federal Regulations, Part 59.1. Section 8. Overlay zoning. Afloodplainzoning district shall be considered an overlay zoning district to all existing land use regulations of the city. The city may allow the uses permitted in this ordinanceonly if they are allowed by the underlying zoning district. This ordinance shall apply in addition to other city regulations and where this ordinance imposes greater restrictions. Section 9. Compliance. No person shall use a new structure or land without full compliance with this ordinance. No person may locate, extend, convert, repair, maintain,or structurally alter a structure without full compliance with this ordinance. Within the floodway and flood fringe, the city prohibits all uses not listed as permitted uses in Sections10 and 11. In addition, the following regulations shall apply: (a)New manufactured homes, replacement manufactured homes and certain recreationalvehiclesare subject to the general provisions of this ordinance and specifically Sections 10, 11, and 19. (b)The sections of this ordinance regulate changes, modifications, repair and maintenance,additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land. (c)As stated in Section 14,a person shall use groundsurveys to certify as-built elevations for elevated structures. Section 10. Permitted uses and standards. (a)Permitted Uses. The following uses of land are permitted uses in the floodplaindistrict: (1)Any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment. (2)The following activities if they are entirely within the flood fringe: a)The construction of new structures. b)The placement or replacement of manufactured homes. c)Additions to existing structures or obstructions, such as fill or storage of materials or equipment. The uses in Subsections (a)(1) and (2) of this Section shall be subject to the development of standards in Subsection (b) of this section. They are also subject to the floodplainevaluation criteria in Section 11. (3)Recreationalvehicles as regulated under Section 19. (b)Standards for floodplainpermitted uses.Standards for floodplain permitted uses shall be as follows: May 24, 2010 25 City Council MeetingMinutes (1)A person shall compact fill and protect the slopes from erosion by the appropriate methods. Such methods include the use of containment dikes or levees, riprap, vegetative cover or other acceptable method. FEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements have specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. A person should investigate these standards before starting site preparation if a person wishes to request a change of special flood hazard area designation. (2)Storage of materials and equipmentshall be in accordance with the following: a)The city prohibits the storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially harmful to human, animal,or plant life. b)The city may allow the storage of other materials or equipment if readily removable from the area within the time available after a flood warning or if placed on fill at or above the Regulatory Flood Protection Elevation. (3)The city shall not permit uses or activities which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. (4)No person shall construct a structure, including accessory structures, additions to existing structures and manufactured homes on fill unless the lowest floor, including basement floor, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation must be no lower than one (1) foot below the Regulatory Flood Protection Elevation. The finished fill shall extend at such elevation at least fifteen (15) feet beyond the limits of the structure constructed thereon. (5)All uses. The city shall not permit uses that do not have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation to lands outside the floodplain. The city may permit such uses if the city council grants a variance. In granting a variance, the city council shall specify limitations on the period of use or occupancy of the use. The city council must also determine that adequate flood warning time and local emergency response and recovery procedures exist before granting such a variance. (6)Commercial and manufacturing uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, the city shall not grant a permit for such facilities for use by theemployees or the public without a flood warning system that provides adequate time for evacuation if the area would be inundated in water to a depth which poses significant hazard to individuals (to a depth and velocity such that when multiplying the depth [in feet] times velocity [in feet per second] the product number exceeds four [4] upon occurrence of the regional flood). (7)On-site sewage treatment and water supply systems. Where the city has not provided public utilities, then the owner shall conform to the following conditions: a)A person shall design on-site water supply systems to lessen or eliminate infiltration of flood waters into the systems; and b)A person shall design new or replacement on-site sewage treatment systems to lessenor eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. Such systems shall not be subject to impairment or contamination during times of flooding. The city shall determine that any sewage May 24, 2010 26 City Council MeetingMinutes treatment system designed according to the State's standards to be in compliance with this ordinance. (8)The owner of a manufactured home must securely anchor it to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring code requirements for resisting wind forces. Section 11.Floodplainevaluation. (a)Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the floodplaindistrict, the director shall require the applicant to furnish plans and hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development. This analysis shall also show whether the proposed use is located in the floodway or flood fringe and the Regulatory Flood Protection Elevation for the site. The city engineer or hydrologist shall follow procedures consistent with Minnesota Rules 1983 Parts 6120.5000 to 6120.6200and 44 Code of Federal Regulations Part 65. These procedures are to be used during the technical evaluation and review of the development proposal. (b)The director shall submit acopy of all information required by subsection (a) of this section to the area hydrologist with the Department of Natural Resources (DNR). This is for the DNR’s review and comment. The director shall submit this information at least twenty (20)days before thecity grants a permit or manufactured home park development/subdivision approval. The director shall notify the respective DNR Area Hydrologist within ten (10)days after the city grants a permit or approves amanufactured home park development/subdivision. Section 12. Utilitiesand transportation facilities. All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed according to state floodplainmanagement standards contained in Minnesota Rules 1983 parts 6120.5000 through 6120.6200. Section 13. Subdivisions and manufactured homes. (a)No person shall subdivide land or develop or expand a manufactured home park where the city councilhas determined the site to be unsuitable. The city councilshall make the determination of unsuitability based on flooding or inadequate drainage, water supply or sewage treatment facilities. The city councilshall review the subdivision/development proposal. This review is to insure that each lot or parcel contains enough area outside the floodway for fill placement for elevating structures, sewage systems and related activities. (b)In the floodplaindistrict, applicants for subdivision approval or development of a manufactured home parkor manufactured home park expansion shall provide the information required in Section 11(a).The director shall review the proposed subdivision or manufactured home park development in according to the standards established in this ordinance. (c)The applicant for a subdivision in the floodplainshall clearly label the Floodway and Flood Fringe boundaries on all required application documents and drawings. The applicant shall also show the Regulatory Flood Protection Elevation and the required elevationof all access roads and streets on all required application drawings and documents. (d)Removal of Special Flood Hazard Area Designation. FEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the May 24, 2010 27 City Council MeetingMinutes 100-year flood elevation. FEMA’s requirements include specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. A person should investigate these standards if they are requesting a change to the special flood hazard area before the initiation of site preparation. Section 14. Administration. (a)Permit required. A person shall secure a permit issued by the city before doing any of the following: (1)the construction, addition, modification, rehabilitation (including normal maintenance and repair),or alteration of any building or structure. (2)prior to the construction of a dam, fence, or on-site septic system. (3)changing the use of a building, structure, or land. (4)changing, extending or enlarging a nonconforming use. (5)prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source. (6)excavating or placing an obstruction within the floodplain. (b)State and federal permits. Before granting a city permit or processing an application for a variance, the city shall determine that the applicant has obtained all necessary state and federal permits. (c)Certification of lowest floor elevations. The city shall require the applicant to submit certification by a registered professional engineer, registered architect, or registered land surveyor about accomplishing the finished fill and building elevations in compliance with this ordinance. The building official shall maintain a record of the elevation of the lowest floor (including basement) for all new structures. The building official shall also maintain a record of lowest floor elevations for alterations or additions to existing structures in the floodplaindistrict. (d)Notifications for watercourse alterations. The director shall notify, in riverine situations, adjacent communities and the DNR prior to the city authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the DNR. A copy of said notification shall also be submitted to the Chicago Regional Office of FEMA. (e)Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six (6) months after the date, such supporting information becomes available, the director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. Section 15. Variances. (a)A variance means a change to a specific permitted development standard required in an official control including this ordinance. This change is to allow analternative development standard not stated as acceptable in the official control, but only as applied to a particular property. This is to lessen a hardship, practical difficulty or unique circumstance. (b)In granting a variance, the city councilshall clearly identify in writing the specific conditions that existed justified the granting of the variance. (c)The city councilmay approve variances from this ordinance. To do so, the city councilmakes the findings required for a variance in state law.No variance shall allow a use prohibited in that district May 24, 2010 28 City Council MeetingMinutes or permit a lower degree of flood protection than the Regulatory Flood Protection Elevation. A person may use a variance to change permissible methods of flood protection. (d)The following additional FEMA variance criteria must be satisfied: (1)Variances shall not be issued by a city within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (2)Variances shall only be issued by a city upon: a)a showing of good and sufficient cause; b)a determination that failure to grant the variance would result in exceptional hardship to the applicant; and c)a determination that the granting of a variance will not result in increased flood heights,additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3)Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e)The director shall submit by mail to the DNR acopy of the application for proposed variance. The director shall mail such notice at least ten (10) days before the hearing. The director shall send a copy of all decisions granting a variance by mail to the DNR within ten (10) days of such action. (f)Flood insurance notice and record keeping. The director shall let the applicant for a variance know that: (1)The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (2)Such construction below the 100-year or regional flood level increases risks to life and property. The city shall maintain such notification with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance. The city shall also report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program. Section 16. Nonconformities. A person may continue to use a structure or premises which was lawful before the passage or amendment of this ordinance but is not in conformity with this ordinance.Uses aresubject to the following conditions (except for historic structures, as defined in Section 7, which shall be subject to items (a) through (e) as outlined below only): (a)No person may expand, change, enlarge, or alter a nonconforming use in a way which increases its nonconformity. (b)Astructuralalteration within the inside dimensions of a nonconforming use or structure (interior alteration)is permissibleprovided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure.This is allowed only if it will not result in increasing the flood damage potential of that use or structure. (c)A structural addition to a structure must be elevated to the regulatory flood protection elevation in accordance with this ordinance.This is allowed only if it will not result in increasing the flood damage potential of that use or structure. May 24, 2010 29 City Council MeetingMinutes (d)The cost of all structural alterations or additions both inside and outside a structure to any nonconforming structure over the life of the structure shall not exceed fifty (50)percent of the market value of the structure unless the owner has satisfied the conditions of this ordinance.The city must calculate the cost of all structural alterations and additions to a structure since the adoption of the city's initial floodplaincontrols on July 28, 1986. The city must calculate these costs into current costs and include all costs such as construction materials and a reasonable cost placed on all labor. If the current cost of all previous and proposed alterations and additions exceeds fifty (50)percent of the current market value of the structure, then the structure must meet the standards of Sections10 and 11for new structures. (e)If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of fifty (50)percent or more of its market value at the time of destruction, the owner shall not reconstruct it except in conformity with this ordinance. The city councilmay issue a permit for reconstruction if the use is not in the floodway and, upon reconstruction the owner adequately elevates it on fill in conformity with this ordinance. (f) If a substantial improvement occurs from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Section 10 of this in the floodway or flood fringe, respectively. Section 17. Penalties for violation. (a)A violation of the provisions of this ordinance or failure to follow any of its requirements (including violations of conditions and safeguards established about the granting of variances) is a misdemeanor. (b)In responding to an ordinance violation, the city may request that the National Flood Insurance Program deny flood insurance to the guilty party. The city shall act in good faith to enforce these official controls and to correct ordinance violations when possible. (c)When an alleged violation is discoveredby or shown to the director, the director shall investigate the situation. The director shall document the nature and extent of the alleged violation of the official control. As soon as is possible, the city will submit this information to the proper DNRand FEMA regional offices. The city will also submit its plan of action to correct the violation to these agencies. (d)The director shall notify the suspected party of the pertinent requirements of this ordinance and all other official controls. The director shall also notify the person in question about the nature and extent of the suspected violation of these controls. If the structure and/or use are under construction or development, the director may order the construction or development immediately halted. This construction or development moratorium shall be in force until the city grants a permit or approval. If the responsible party has completed the construction or development, then the director may either: (1)Issue an order identifying the corrective actions that the responsible party must make within a specified time to bring the use or structure into compliance with the official controls; or (2)Notify the responsible party to apply for an after-the-fact permit/development approval within 30-days. May 24, 2010 30 City Council MeetingMinutes If the responsible party does not appropriately respond to the director within the specified time, each additional day that lapses is an additional ordinance violation. The city may prosecute such violations accordingly. The director shall also, upon the lapse of the specified response time, notify the property owner to restore the land to the condition which existed before the violation of this article. Section 18. Amendments. The city shall submit all amendments to this ordinance, including revisions to the official floodplain zoning district map, to be approved by the Natural Resources Department before adoption. The city shall not remove the floodplaindesignation on the official floodplainzoning district map unless the owner fillsthe area to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Changes in the official floodplain zoning map must meet FEMA's technical conditions and criteria and must receive prior FEMAapproval before adoption. The DNR must be given ten (10)days written notice of all hearings to consider an amendment to this ordinance. This notice shall include a draft of the amendment or technical ordinance for new structures, depending upon whetherthe structure is study under consideration. Section 19. Recreational vehicles. (a)Recreational vehiclesthat do not meet the exemption criteria specified in subsection (a)(1)(a) of this section shall be subject to the provisions of this ordinance.Recreational vehicles shall also be subject to the conditions listed in the sections below. (1)Exemption. Recreational vehiclesare exempt from the provisions of this ordinance if their owner places them in any of the areas listed in subsection (a)(1)(b) of this section and if it meets the following criteria: a)Have current licenses required for highway use. b)Are highway ready meaning on wheels or have an internal jacking system and that the owner has attached it to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks. The recreational vehicle must also not have any permanent structural additions attached to it. c)The recreational vehicle and associated use must be an allowed use in the underlying zoning district. (2)Areas exempted for placement of recreational vehicles: a)Individual lots or parcels of record. b)Existing commercial recreational vehicle parks or campgrounds. c)Existing condominium-type associations. (b)Recreational vehicles exempted in subsection (a)(1) of this section lose this exemption when development occurs on the parcel exceeding five hundred ($500) dollars. This is for a structural addition to the recreationalvehicle or an accessory structure such as a garage or storage building. The city will then consider the recreational vehicle and all additions and accessory structures as a new structure. The recreation vehicle shall then be subject to the elevation requirements and the use of land restrictions specifiedin this ordinance. There shall be no development or improvement on the parcel or attachment to the recreation vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. May 24, 2010 31 City Council MeetingMinutes (c)New commercial recreationvehicle parks or campgrounds,new residential type subdivisions and condominium associations,and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following conditions: (1)The city will allow any new or replacement recreationalvehicle in the floodway or flood fringe districts provided the following: a)The owner places said recreational vehicle and its contents on fill above the regulatory flood protection elevation following the provisions ofSection 11. b)Proper elevated road access to the site exists according to Sections 10 and 11. c)No fill placed in the floodway to meet the requirements of this section shall increase the flood stages of the regional flood. (2)As an alternative, the city may allow all new or replacement recreationvehicles not meeting the criteria of subsection (c)(1) of this section,if such placement is according to the following: a)The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. A registered engineer or other qualified individual shall prepare said plan. Said plan shall show that adequate time and personnel exist to carry out the evacuation. b)All attendant sewage and waterfacilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so while flooded they are not impaired or contaminated. The installation of such facilities shall follow the rules in Section 10(b)(7). The city council approved the first reading of this ordinance on May 10, 2010. The city council approved the second reading of this ordinance onMay 24, 2010. Signed: ______________________________________________________________ Will Rossbach, MayorDate Attest: ________________________________ Karen Guilfoile, City Clerk Seconded by CouncilmemberNephew.Ayes –All The motion passed. 3.Flood Plain Overlay District summary Ordinance Publication Review (Super Majority Vote Required) a.Environmental Planner, Shann Finwall gave the report. May 24, 2010 32 City Council MeetingMinutes CouncilmemberNephewmoved toapprove the flood plain overlay district summary ordinance publicationfor Ordinance 902. AN ORDINANCE AMENDING THE FLOODPLAIN OVERLAY DISTRICT AND ADOPTING NEW FLOODPLAIN INSURANCE RATE MAPS On May 24, 2010, the Maplewood City Council amended the floodplain overlay district ordinance at Article VII. This ordinance amendment is necessary to comply with new Code of Federal Regulations (Code 44, Section 60.3) which dealswith flooding. The ordinance also adopts the new floodplain rate maps which will become effective June 4, 2010. A summary of the floodplain ordinance amendments are described below: 1. Adoption of new floodplain rate maps. The Federal Emergency Management Agency (FEMA) conducted a multi-year project to re-examine Ramsey County’s flood zones and develop new floodplain insurance rate maps. FEMA is requiring that the City of Maplewood adopt the new floodplain insurance rate maps along with the required floodplain ordinance amendments. The new floodplain insurance rate maps will become effective June 4, 2010. 2. Definitions. In addition to new definitions required by FEMA, Maplewood is revising the definition of “Regulatory Flood Protection Elevation.” The definition will be revised to reflect the Ramsey-Washington Metro Watershed District standards to flood protection elevation, which is no lower than two feet (rather than one foot) above the elevation of the regional flood. 3. Change to permitted uses. Maplewood’s previous floodplain ordinance described a permitted use as “any non-structural land use which does not obstruct flood flows, such as gardens, fill, 2 excavation, or storage of materials or equipment.” The new regulations require that the city change that description as follows: “Any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment.” 4. New administration requirements. There are expanded permitting requirements for properties in a floodplain, including obtaining a permit from the city prior to the erection, addition, modification, and rehabilitation of a structure (including normal maintenance and repair). Additionally, a permit is required prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source. 5. Variances. Additional variance criteria must be satisfied including no variance approval by the city unless there is a showing of sufficient cause, failure to grant the variance would result in a hardship, and granting the variance would not result in increased flood heights. 6. Nonconformities. If a substantial improvement occurs to a nonconforming property from any combination of a building addition to the outside dimensions of the existing building or rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of the ordinance. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 4.Consider Adopting a Resolution Calling a Public Hearing to Consider a Tax Increment Financing Housing District No. 1-10 for The Shores of Maplewood Within the Gladstone Redevelopment Area –City Project 04-21 a.Assistant City Manager, Public Works Director, Chuck Ahl gave a briefreport and answered questions of the council.Mr. Ahl introduced Mr. Denaway with Springsted. May 24, 2010 33 City Council MeetingMinutes b.Tom Denaway,Representing Springsted gave a report on TIF, addressed and answered questions of the council. Mayor Rossbach asked if anyone wanted to address the council. 1.Diana Longrie, Maplewood. Councilmember Wasilukmoved toapprove the resolution calling for a public hearing on July 26, 2010,at 7:00 p.m. for the purpose of discussing the Tax Increment Financing District for The Shores Development proposal. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: May 24, 2010 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on Monday, the 24th day of May, 2010 at 7:00 p.m. The following members of the Council were present:Mayor Rossbach, Councilmembers Juenemann, Nephew and Wasiluk. absent and the following was:Councilmember Llanas Councilmember Wasiluk introduced the following resolution and moved its adoption: RESOLUTION 10-05-407 RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING (HOUSING) DISTRICT NO. 1-10 AND THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the “Council”) of the City of Maplewood, Minnesota (the “City”), as follows: 1.Public Hearing. This Council shall meet on July 26, 2010, at approximately 7:00 p.m., to hold a public hearing on the (a) proposed Modification to the Development Program for Development District No. 1; (b) establishment of Tax Increment Financing (Housing) District No. 1-10 within Development District No. 1; and (c) theproposed adoption of a Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota Statutes, 469.174 through 469.1799, both inclusive, as amended (the “Act”). 2.Notice of Hearing; Filing of Program and Plan. The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed modification to the Development Program for Development District No. 1 and the proposed Tax Increment Financing Plan on file in the Clerk’s Office at City Hall and to make such copies available for inspection by the public. Consultation with Other Taxing Jurisdictions. The Clerk is hereby directed to mail a notice of thepublic hearing and a copy of the Tax Increment Financing Plan to Ramsey May 24, 2010 34 City Council MeetingMinutes County and Independent School District No. 622 informing those taxing jurisdictions of the estimated fiscal and economic impact of the establishment of the proposed tax increment financing district. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Juenemann and upon vote being taken thereon, the following voted in favor:ALL and the following voted against the same:NONE Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY) I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a trueand correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City’s proposed modification of the Development Program for Development District No. 1, the establishment of Housing District No. 1-10 therein and the adoption of a Tax Increment Financing Plan related thereto. Date: This 24th day of May, 2010. __________________________________ City Clerk Exhibit A CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OFMINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the “Council”) of the City of Maplewood, Ramsey County, Minnesota, will hold a public hearing on Monday, July 26, 2010, at 7:00 p.m., at the City Hall, in the City of Maplewood, Minnesota, relating to the proposed modification to the Development Program for Development District No. 1, the establishment of Tax Increment Financing (Housing) District No. 1-10 within Development District No. 1 and the proposed adoption of a Tax Increment Financing Plan therefor, pursuant to Minnesota Statutes, Section 469.174 through 469.1799, inclusive, as amended. Copies of the Tax Increment Financing Plan as proposed to be adopted will be on file and available for public inspection at the office of the City Clerk at City Hall. The property included in Development District No. 1 is described in the Development Program on file in the office of the City Clerk. The property proposed to be included in Tax Increment Financing (Housing) District No. 1-10 is described in the Tax Increment Financing Plan on file in the office of the City Clerk. A map of Development District No. 1 and Tax Increment Financing (Housing) District No. 1-10 is set forth below: All interested persons may appear at the hearing and present their views orally or in writing prior to the hearing. Seconded by CouncilmemberJuenemann.Ayes –All May 24, 2010 35 City Council MeetingMinutes The motion passed. J.NEW BUSINESS 1.White Bear Avenue/County Road D Improvements, Project 08-13 a.Resolution of Concurrence with Ramsey County for Award of Bid b.Approval of Traffic Signal Maintenance Agreements with Ramsey County (White Bear Avenue at County Road D, White Bear Avenue at Woodlynn Avenue, White Bear Avenue at Lydia Avenue, and White Bear Avenue at Beam Avenue) c.Approval of Cooperative Agreement (PW 2010-02) with Ramsey County i.Assistant City Manager, Public Works Director, Chuck Ahlgave the report and answered questions of the council. Councilmember Nephewmoved toapprove the resolution of concurrence with Ramsey County for Award of Bid for the White Bear Avenue/County Road D improvements (White Bear Avenue Portion), City Project 08-13.Also moved toapprove the traffic signal maintenance agreements with Ramsey County for the signals at the intersections of White Bear Avenue and County Road D, White Bear Avenue and Woodlynn Avenue, White Bear Avenue and Lydia Avenue, and at White Bear Avenue and Beam Avenue and direct the Mayor and City Manager to sign the agreements signifying council approval. Minor revisions as approved by the city attorney are authorized as needed for the agreements.Councilmember Nephew also moved toapprove the cooperative agreement (PW 2010-02) for the White Bear Avenue/County Road D Improvements (White Bear Avenue Portion), City Project 08-13 with Ramsey County, and direct the Mayor and City Manager to sign the agreement signifying council approval. Minor modifications as approved by the city attorney are authorized as needed for the agreement. RESOLUTION 10-05-408 CONCURRENCE FOR AWARD OF BID BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Eureka Construction, Inc. in the amount of $9,495,001.26is the lowest responsible bid for the construction of the White Bear Avenue Improvements (White Bear Avenue portion)–City Project 08-13, and per the cooperative agreement between Ramsey County and the City of Maplewood (Agreement PW2010-02), the City of Maplewood, through this resolution, is signifying concurrence in order for Ramsey County to enter into a construction contract with Eureka Construction, Inc. for said improvements. Adopted by the council this 24th day of May 2010. Seconded by CouncilmemberWasiluk.Ayes –All The motion passed. 2.Ordinance Prohibiting Certain Conduct Related to Motor Vehicles a.City Attorney, Alan Kantrud gave abrief report and answered questions of the council. b.Maplewood Police Chief, Dave Thomalla addressed the council. Councilmember Juenemannmoved toapprove the language presented in the form of a (first reading) of an ordinanceprohibiting certain conduct related to motor vehicles. Seconded by Mayor Rossbach.Ayes –All May 24, 2010 36 City Council MeetingMinutes The motion passed. The council discussed waiving the second reading of this ordinance. After discussion it was determined to have a second reading of the ordinance at the next council meeting. K.VISITOR PRESENTATIONS 1.Bob Zick, North St. Paul. Mr. Zick expressed his opinions on numerous topics. 2.Diana Longrie, Maplewood. Ms. Longrie spoke regarding the policy of second readings for ordinances and her support to adhere tothat policy. Ms. Longrie statedthat when second readings come back before the city council theyshould not be put on the consent agenda. Ms. Longrie spoke about thetouristcabin property site for The Shores proposal and shared the history of the fee owners of record. L.AWARD OF BIDS 1.Award of Bid for Printing Services for the Maplewood Monthly and the Maplewood Seasons a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report and answered questions of the council. Councilmember Nephewmoved toapprove the award of bid for printing services for the Maplewood Monthly and the Maplewood Seasons awarded to Nystrom Publishing Company, Inc. in the amount of $159,268.86for the time period of July 2010 through December 2012. Seconded by Mayor Rossbach.Ayes –All The motion passed. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS None. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 9:39p.m. May 24, 2010 37 City Council MeetingMinutes