HomeMy WebLinkAbout12.27.82MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, December 27, 1982
Council Chambers, Municipal Building
Meeting 82 -34
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building and was called to order at 7:01 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes 82 -30 November 8, 1982
Councilmember Anderson moved that the Minutes of Meeting -No_- 82_30 - (November 8,- 1982) --
be approved as submitted. �^
Seconded by Mayor Greavu. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved -to- approve the - Agenda as amended:
1. Community Development Block Grant
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Councilmember Anderson moved, seconded by Councilmember Maida, Ayes - all, toapprove-
the Consent Agenda, Items 1 through -4 -as recommended:
1. Accounts Payable
Approved the accounts.(Part I, Fees, Services, Expenses, Check No. 001239 through
Check No. 001296 - $197,482.52; Check No. 015093 through Check No. 015237 - $242,018.25:
Part II - Payroll - Check No. 06013 through Check No. 06133 - $55,350.37) in the amount
of $494,851.14.
2. Designation of Official Depository
Resolution No. 82 -12 -185
BE IT RESOLVED, that the Maplewood State Bank is hereby designated as the depository
for demand deposits of the City of Maplewood; and
BE IT FURTHER RESOLVED, that an agreement is hereby approved with Maplewood State
Bank for banking, lockbox and account reconciliation services based upon the terms
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in their proposal dated December 15, 1982; and
BE IT FURTHER RESOLVED, that funds deposited in said bank may be withdrawn by
check when signed by the signature, or by the facsimile signature, of the Mayor, City
Manager and City Treasurer; and
BE IT FURTHER RESOLVED, that funds in said bank may be wire transferred at the
request of the City Treasurer or Finance Director for purchases of City investments;
and _
BE IT FURTHER RESOLVED, that deposits in said bank shall not exceed the amount
of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished
as additional security; and
BE IT FURTHER RESOLVED, that this depository designation shall be effective until
a new depository is designated.
3. Watershed Boundary
Resolution No. 82 -12 -186
WHEREAS, Minnesota Statutes 1982, Section 473.875 to 473.883 were devised and
adopted to preserve and use natural water storage and retention systems to dispose
of stormwater runoff; and
WHEREAS, Minnesota Statutes 1982, Section 473.878 requires that watershed manage-
ment planning be conducted for all areas within the metropolitan area; and
WHEREAS, Minnesota Statutes 1982, Section 473.877, Subd. 2 requires that before
planning can commence for any specific area, a map delineating watershed boundaries
shall be submitted to the Water Resources Board for review and comment; and
WHEREAS, the Department of Natural Resources is currently making revisions to
the watershed boundaries _map for the Water Resources Board; and
WHEREAS, staff or consultant engineer representatives from the City of Falcon
Heights, the State Fair Board, the City of Lauderdale, the City of Little Canada,
the City of Maplewood, the City of Roseville, the City of St. Paul, and the University
of Minnesota —St. Paul Campus have worked together in delineating watershed boundaries
for southwestern Ramsey County as depicted on the attached map;
NOW, THEREFORE, BE IT RESOLVED, that the attached map represents the City of Maple —
wood's position on watershed boundaries for southwestern Ramsey County; and
BE IT FURTHER RESOLVED that the attached map be forwarded to the Department of
Natural Resources in preparation of the metropolitan watershed boundaries map.
4. Interceptor Maintenance Agreement No. 129
Resolution No. 82 -12 -187
The Metropolitan Waste Control Commission and the City of Maplewood agree to renew
the Interceptor Maintenance Agreement No. 135 which is currently in force between
these parties. The terms of the agreement for the renewal period shall be the same
as those contained in the agreement which was executed for the January 1, 1982 — Dec-
ember 31, 1982 period with the exception of Section 6.02: _
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"Section 6.02 Cost Estimates; Payments ". The parties estimate that the total
amount of costs which the Commission will be required to pay to the Municipality
for performance of this agreement in 1983 will be $14,300.00. Such amount shall
be paid in twelve monthly installments as an advance payment of such costs. On
or before March 1, 1984, the Municipality will submit to the Commission a detailed
statement of the actual costs incurred by the Municipality which the board is
required to pay in accordance with Section 6.01, and will remit to the Commission
any amount paid to the Municipality which is in excess of such actual costs.
If the total of the monthly advances paid by.-the board•is less than the actual
amount of such costs, the Commission shall pay to the Municipality on or before
April 1, 1984, an amount equal to the difference between the actual costs and
the monthly advances previously paid. The Municiaplity shall keep detailed records
supporting all costs of the types specified in Section 6.01 which it expects the
Commission to pay, and shall make the same available to the Commission on request.
Therenewal - period for Interceptor Maintenance Agreement No. 129 shall be January
1, 1983 — December 31, 1983. That both parties agree to the renewal period and terms
is evidenced by the signatures affixed to this statement.
F. PUBLIC HEARINGS
1. Variance and Lot Division
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Mr. Patrick O'Brien for a lot frontage variance to create two single— dwelling
lots. The Clerk stated the hearing notice was in order and noted the dates of
publication.
b. Manager Evans presented the staff report.
C. Director of Community Development Geoffrey Olson explained the proposal.
d. Mr. Patrick O'Brien, 2759 Hazelwood Street, the applicant, spoke on behalf
of his proposal.
e. Mayor Greavu called for proponents. None were heard
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Bastian introduced the following— resolution and moved its adoption:
82 -12 -188
WHEREAS, a variance request has been initiated by Council for a sixty foot
Lot frontage variance and permit access by private driveway easement for the follow-
ing described property:
Except the easterly 350 feet, the north one —half of Lot 2, Gardena Addition
WHEREAS, the procedural history of this variance request is as follows:
1. That a variance request has been initiated by the City Council, pursuant
to Section 30 -11 of the Maplewood Code and Section 462.357 (g) of State
Statute;
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2. That said variance request was referred to and reviewed by the Maplewood
City Planning Commission on the 20th day of December, 1982; at which time
said Planning Commission recommended to the City Council that said Variance
be approved;
3. The owner of this property shall maintain and provide snow plowing in
accordance with city specifications, as determined by the city engineer,
after a house is built and occupied.
4. That all persons present at said hearing were given an opportunity to
be heard and /or present written statements, and the Council considered
reports and recommendations of the city staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY
COUNTY, MINNESOTA that the above — described variance be granted on the basis that:
1. Through conditional approval, all public safety and planning concerns would
be complied with, satisfying the spirit and intent of the code and Land Use
Plan.
2. Strict enforcement of the code would constitute an undue hardship because_
of the uncertainty of when or if a future street will be constructed to access
the rear portion of this property.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the above — described variance be
granted, subject to the following conditions:
1. The dwelling shall conform with the setback requirements for a future
street to be approved by the Director of Community Development.
2. The front of the dwelling shall be oriented toward the future street in
item one.
3. An agreement shall be entered into and recorded to run with the property,
requiring the owner of this property to maintain and provide snow plowing
in accordance with city specifications, as determined by the city engineer.
4. The farthest part of the dwelling shall not be located more than 500 feet
from the Hazelwood Avenue right —of —way.
5. Prior to an occupancy permit being issued, the driveway shall be constructed
to Uniform Fire Code standards, requiring an all—weather, twelve foot
wide, five —ton driveway within 150 feet of the farthest portion of the
dwelling.
6. Provide at least a 22 foot wide driveway easement to the subject property.
7. At such time that the subject property gains frontage to a public street,
the driveway easement to Hazelwood Avenue shall be discontinued.
Seconded by Councilmember Maida. Ayes — all.
H. UNFINISHED BUSINESS
1. Industrial Revenue Bond — Final Approval — Toyota
a. Manager Evans presented the staff report.
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b. Councilmember Bastian introduced the following resolution and moved its adoption:
82 — 12 — 189
RESOLUTION AUTHORIZING A PROJECT UNDER
THE MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT AND THE ISSUANCE OF
COMMERCIAL DEVELOPMENT REVENUE BONDS
TO FINANCE THE PROJECT
BE IT RESOLVED by the Council of the City of
Maplewood, Minnesota, as follows:
I. The Council has received a proposal from BKM
Management Company (the "Company ") that the City undertake to
finance a certain Project as herein described, pursuant to the
Minnesota Municipal Industrial Development Act, Chapter 474,
Minnesota Statutes (the "Act "), through issuance by the City of
Maplewood its $900,000 Commercial Development Revenue Bonds of
1982 (BKM Management Company Project), (the "Bonds "), and in
accordance with a Bond Purchase Agreement (the "Purchase
Agreement ") between the City, the Company and Allison - Williams
Company.
2. The Company has acquired certain real estate and
constructed thereon an automobile and truck sales and service
facility and related improvements and equipment (hereinafter
referred to as the "Project "). The Project as described above
has and will provide employment to 40 additional persons and
will otherwise further the policies and purposes of the Act and
the findings made in the preliminary resolution adopted by this
Council on April 16, 1981 with respect to the Project are
hereby ratified, affirmed and approved.
3. It is proposed that, pursuant to a Loan Agreement
dated December 15, 1982, between the City as Lender and the
Company as Borrower (the "Loan Agreement "), the City loan the
proceeds of the Bonds to the Company to finance the cost of the
Project. The basic payments to be made by the Company under
the Loan Agreement are fixed so as to produce revenue
sufficient to pay the principal of, premium, if any, and
interest -on the Bonds when due. It is further proposed that
the City assign its rights to the basic payments and certain
other rights under the Loan Agreement to American National Bank
and Trust Company in St. Paul, Minnesota (the "Trustee ") as
security for payment of the Bonds under an Indenture of Trust
dated December 15, 1982 (the "Indenture ") and that the Company
grant a mortgage and security interest in the Project to the
Trustee pursuant to a Mortgage and Security Agreement dated
December 15, 1982 (the "Mortgage ") and to further secure the
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payment of the Bonds and the interest thereon, enter into an
Assignment of Leases and Rents dated December 15, 1982 (the
"Assignment of Leases and Rents "). The payment of the Bonds
are further served by an irrevocable letter of credit (the
"Letter of Credit ") issued by Northwestern National Bank of
Minneapolis (the "Bank ") under the terms of which the Trustee
may present a draft for so much of the principal, interest and
tax call premium, if any, under the Bonds as is not otherwise
provided by the Company when due under the Loan Agreement, or,
under certain circumstances, so much -of the principal, interest
and tax call premium, if any, paid or to be paid with respect
to the Bonds as may be deemed a voidable preference under the
United States Bankruptcy Code.
3. This Council by action taken on April 16, 1981
gave preliminary approval to the proposal and on or about
December 20, 1982 the Commissioner of Securities of the State
of Minnesota gave approval to the Project as tending to further
the purposes and policies of the Act.
4. Pursuant to the preliminary approval of the
Council, forms of the following documents have been submitted
to the Council for approval:
(a) The Loan Agreement.
(b) The Indenture.
(c) The Mortgage.
(d) The Assignment of Leases and Rents.
(e) The Purchase Agreement.
(f) -The Letter of Credit.
5. It is hereby found, determined and declared that:
(a) the Project described in the Loan
Agreement and Indenture referred to above
constitutes a Project authorized by the Act;
(b) the purpose of the Project is and the
effect thereof will be to promote the public
welfare by the acquisition, construction and
equipping of a facility for an automobile and
truck sales and service facility.
(c) the Project is located within the City
limits, at a site which is easily accessible to
employees residing within the City and the
surrounding communities;
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(d) the acquisition, construction and
installation of the Project, the issuance and sale
of the Bonds, the execution and delivery by the
City of the Loan Agreement, the Purchase Agreement
and the Indenture, and the performance of all
covenants and agreements of the City contained in
the Loan Agreement, Purchase Agreement and
Indenture and of all other acts and things
required under the constitution and laws of the
State of Minnesota to make the Loan Agreement,
Purchase Agreement, Indenture and Bonds valid and
binding obligations of the City in accordance with
their terms, are authorized by the Act;
(e) it is desirable that the Company be
authorized, in accordance with the provisions of
Section 474.03 of the Act and 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 acquisition and installation of the Project by
such means as shall be available to the Company
and in the manner determined by the Company, and
with or without advertisement for bids as required
for the acquisition and installation of municipal
facilities;
(f) it is desirable that the Bonds be issued
by the City upon the terms set forth in the
Indenture;
(g) the basic 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 Bonds issued
under the Indenture when due, and the Loan
Agreement, Mortgage and Indenture also provide
that the Company 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 Premises and payable during
the term of the Mortgage, Loan Agreement and
Indenture;
(h) under the provisions of Minnesota
Statutes, Section 474.10, 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
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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 interests
of the City in the Loan Agreement which,have been
assigned to the Trustee under the Indenture; the
Bonds shall recite that the Bonds are issued
without moral obligation on the part of 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 limitation.
6. Subject to the approval of the City Attorney, the
forms of the Loan Agreement, the Purchase Agreement and
Indenture and exhibits thereto and all other documents
described in paragraph 4 hereof are approved substantially in
the form submitted. The Loan Agreement and Indenture, in'
substantially the form submitted, are directed to be executed
in the name and on behalf of-the City by the Mayor and the City
Clerk. The Purchase Agreement, and any other documents and
certificates necessary 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 said Loan Agreement and Indenture.
7. The City shall proceed forthwith to issue its
Bonds, in the form and upon the terms set forth in the
Indenture. The offer of Allison - Williams Company to purchase
the Bonds for $868,500 plus accrued interest to the date of
delivery at the interest rate or rates specified in the
Indenture is hereby accepted. The Mayor and City Clerk are
authorized and directed to prepare and execute the Bonds as
pres gibed in the Indenture and to deliver them to the Trustee
for authentication and delivery to Allison - Williams Company.
S. The Mayor and City Clerk and other officers of
the City are authorized and directed to prepare and furnish to
Allison - Williams Company Purchaser 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.
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9. 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 by the City Attorney prior to the execut-
ionof the documents. 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 absence
of the Mayor or Clerk, any of the documents authorized by this resolution to be
executed may be executed by the Acting Mayor-or the City Clerk, respectively.
Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilmembers Anderson,
Bastian and Maida.
Nays — Councilmember Juker.
F. PUBLIC HEARINGS (continued)
2. Liquor License — Maplewood Bowl 4:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Gary Herbert Anderson for an On Sale Intoxicating Liquor License to be located
at the Maplewood Bowl, 1955 English Street. The Clerk stated the hearing notice
was in order and noted the dates of publication. .
b. Manager .Evans presented the staff report.
C. Mr. Gary Anderson, the applicant, spoke on behalf of his request.
d. Mr. Del Benjamin, one of the owners of the Maplewood Bowl, also spoke on behalf
of liquor license approval.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Joker moved to approve the application of_Gary H. Anderson for
an On Sale_Liquor_License to be located at the Maplewood Bowl, 1955 English. Street,
subject to the following conditions_ �^
1. Comply with Sunday Liquor Law
2. Adequate on premise parking
3. Parking lot to be striped
4. Two security officers in the parking lot from dusk to closing
5. The lot surrounding the building be cleaned daily. Remove all cans, bottles,
broken glass, trash, etc.
6. The on —site pond be cleaned and maintained to a well kept appearance
7. No child under the age of 16 be allowed on the premises from 10:00 P.M. to
5:00 A.M. unless accompanied by guardian or parent. No one under the age
of 17 be allowed on the premises from 12:00 P.M. to 5:00 A.M. unless accompanied
by guardian.
8. Improve outside lighting wherever possible.
I. Councilmember Bastian moved to amend the motion as follows:
1. Strike condition No. 1;.
2. Condition No. .4 be amended to read: "Maplewood Bowl shall provide permanent
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outside security from dusk to closing ";
3. Condition No. 5 be amended to read "The lot to be maintained free from debris
such as cans, bottles and other items of refuse;"
4. Strike conditions 7 and 8;
5. Leave conditions 2, 3 and 6 as is.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Andersoi
Bastian and Maids.
Nays - Councilmember Juker.
J. Councilmember Juker moved to.amend condition No. 4 to read: "Maplewood Bowl
snail provide at least (2) two permanent outside security officers from dusk
to
Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Juker and
Maids.
Nays - Mayor Greavu and Councilmember
Bastian.
Voting on original motion.
G. AWARD OF BIDS
None.
I. NEW BUSINESS
None.
J. VISITOR PRESENTATIONS
None.
K. COUNCIL PRESENTATIONS
None.
L. ADMINISTRATIVE PRESENTATIONS
1. Community Development Block Grant
Ayes - all.
a. Manager Evans explained the details of the Community Development Block Grant
and how it could effect the City.
M. ADJOURNMENT
5:58 P.M.
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City Clerk
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