HomeMy WebLinkAbout02-23-1998 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, February 23, 1998
Council Chambers, Municipal Building
Meeting No. 98-04
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 7:00 P.M. by Mayor Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
George F. Rossbach, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Kevin Kittridge, Councilmember Present
Marvin C. Koppen, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council/Manager Workshop (February 2, 1998)
Councilmember Carlson moved to approve the minutes of Council/Manager Meeting of
February 2. 1998 as presented.
Seconded by Councilmember Koppen Ayes -all
2. Minutes of Meeting 98-03 (February 9, 1998)
Councilmember Carlson moved to approve the minutes of Meeting No. 98-03 (February 9,
1998) as presented.
Seconded by Councilmember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Carlson moved to approve the Agenda as amended:
M 1 Report on Metro East
M2 Beam Avenue
M3 Mayor's Mailbox
Seconded by Councilmember Allenspach Ayes -all
F. APPOINTMENTS/PRESENTATIONS
1. Scout Troop 1542
1 2-23-98
a. Scout Troop 1542 was again presentto observe the Council meeting. They must observe
two consecutive meetings in order to earn the "Golden Award" badge, the highest award
in Girl Scouting.
2. Planning Commission Vacancy Appointment -Milton Knoll
a. Manager McGuire introduced the staff report.
b. Councilmember Koppen moved to appoint Milton K. Knoll. Jr. to serve on the
Maplewood Planning Commission, with his term to expire on December 31. 2000.
Seconded by Councilmember Carlson Ayes - all
G. CONSENT AGENDA:
Councilmember Carlson moved, seconded by Councilmember Koppen; aver -all, to approve the
Consent Agenda, Items Gl thru Gll, as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 55,582.76 Checks #7385-#7391 Dated 2-2-98
$ 72,276.33 Checks #36133-#36278 Dated 2-10-98
$ 43,763.78 Checks #7392-#7397 Dated 2-5-98 thru 2-12-98
$ 117,075.10 Checks #36281-#36410 Dated 2-17-98
$ 288,697.97 Total Accounts Payable
PAYROLL: $ 320,817.63 Payroll Checks and Direct Deposits Dated 2-6-98
$ 68.664.30 Payroll Deduction Checks Dated 2-6008
$ 389,481.93 Total Payroll
$ 678.179.90 GRAND TOTAL
2. Personal Service License -Individual: Deborah Sue Hart and Lonnie Gail Hanson
Approved Personal Service Licenses for Deborah Sue Hart and Lonnie Gail Hanson, who will
be employed by Sister Rosalind Gefre.
3. 1997 Community Design Review Board Annual Report
Accepted with thanks and approved the 1997 Community Design Review Board Annual
Report.
4. Silver Ridge Apartments -Housing Revenue Bonds ReFinancing (2330-2380 Stillwater Avenue)
Authorized the transfer of ownership ofthe Silver Ridge Apartments from Angeles Partners 16
to Angeles Mortgage Investment Trust, and execution of the Assignment Assumption and
Modification Agreement
2 2-23-98
5. Transfer to Close Debt Service Fund
Authorized closing Debt Service Fund #206 forthe 1967 Sanitary Sewer Bonds by atransfer of
$3,863.04 from the General Fund, and approved the appropriate budget adjustments.
6. Project 95-12, Birmingham Street, Change Order No. 2
Adopted the following Resolution:
98-02-18
PROJECT 95-12: DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
improvement Project 95-12, Birmingham Street Innovating Storm Sewer and has let a
construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 95-12, Change Order 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order 2 in the amount of
$869.69. The revised contract amount is $206,663.26.
The Finance Director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. The project budget is increased by $869.69.
7. MCES Sewer Loan Program
Authorized staffto apply for loans totaling $77,500 from Metropolitan Council Environmental
Services (MCES) to facilitate the sanitary sewer line repairs needed to reduce excessive
infiltration and inflow from entering the metropolitan disposal system.
8. Release PSA for North St. Paul
Authorized contacting the proper State authority regarding release ofthe PSA (Public Service
Area) within the Corporate City Limits of North St. Paul and coordinating re-assignment ofthe
PSA from Maplewood to North St. Paul.
9. 3M St. Paul Fire Contract
Approved the contract with 3M Company, St. Paul and Maplewood for ancillary fire protection
services.
10. City Clerk Department Clerk/Typist Position -Transfer of Funds
Authorized the transfer from the Contingency Account of $11,215 in additional funds to cover
the cost of the Clerk-Typist position in the City Clerk's Department.
11. Easement Agreement -Ramsey County
Authorized execution of an Easement Agreement which allows the City's sanitary sewer line to
cross Ramsey County park property.
3 2-23-98
H. PUBLIC HEARINGS
1. 7:00 P.M. (7:07): Final Agreement -Tax-Exempt Financing, Park Edge Apartments
a. Mayor Rossbach convened the meeting for a public hearing regarding a request for
Council approval of afinal agreement for $2.3 million intax-exempt bond financing for
improvements and rehabilitation of the Park Edge Apartments.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the report.
d. Mary Ippel of Briggs & Morgan, 2200 1st National Bank Building, and
Mark Sween of Dominium Acquisitions, gave specifics of the bond proposal.
e. Mayor Rossbach opened the public hearing, calling for proponents or opponents. No one
appeared.
f Mayor Rossbach closed the public hearing.
g. Councilmember Carlson introduced the following Resolution and moved its adoption:
98-02-19
RESOLUTION AUTHORIZING THE ISSUANCE OF
$2,300,000 MULTIFAMILY HOUSING REVENUE BONDS
(PARK EDGE APARTMENTS PROJECT), SERIES 1998
WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City of
Maplewood, Minnesota (the "City") is authorized to issue revenue bonds for the purpose of financing a
multifamily housing development; and
WHEREAS, the City has received from Maplewood Leased Housing Associates Limited
Partnership, a Minnesota limited partnership (the "Company"), a proposal that the City finance the Project
hereinafter described through the issuance ofrevenue bonds or obligations (the "Bonds") pursuantto the
Act; and
WHEREAS, the Project to be financed by the Bonds is the acquisition and renovation of a 51-unit
multi-family rental housing facility located at 2024 Clarence Street North and 2025 Ide Street North in
the City known as "Park Edge Apartments" (the "Project"); and
WHEREAS, the City proposed to finance the Project by the issuance of its $2,300,000 Multifamily
Housing Revenue Bonds (Park Edge Apartments Project) Series 1998 under the Act pursuant to this
Resolution; and
WHEREAS, the City has previously obtained on January 5, 1998 from the State of Minnesota a
Certificate of Allocation No. 779 authorizingthe use of up to $2,300,000 ofprivate activity bonds forthe
Project; and
WHEREAS, the City has previously adopted a preliminary approving resolution for the Project,
including approval ofthe housing program therefor under the Act and the use ofrevenue bonds therefor,
dated December 22, 1998; and
WHEREAS, the City has submitted the housingprogramforthe Projectto the Metropolitan Council
for review and comment as required by the Act; and
WHEREAS, the City conducted a public hearing on the proposal of the Company that the City
finance the Project by the issuance of the Bonds, at 7:00 P.M. on February 23, 1998, for which hearing
the City published advance notice and at which hearing all persons who appeared or submitted comments
were given an opportunity to express their views with respect to the Project and the Bonds; and
WHEREAS, the Bonds will be issued under an Indenture of Trust (the "Indenture") dated as of
March 1, 1998 between the City and First Trust National Association (the "Trustee") and the Bonds will
4 2-23-98
be secured by the Indenture payable from a pledge and assignment of certain Project revenues set forth
under the Indenture, all in accordance with the terms ofthe Indenture; and the Bonds and the interest on
the Bonds shall be payable solely from the revenues pledged therefor andthe Bonds shall not constitute a
debt of the City within the meaning of any constitutional or statutory limitation, nor shall the Bonds
constitute nor give rise to a pecuniary liability of the City or a charge against the credit or taxing powers
and shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City
other than the City's interest in the Project; and
WHEREAS, proceeds of the Bonds will be loaned to the Company pursuant to a Loan Agreement
dated as of March 1, 1998 by and between the City and the Company (the "Loan Agreement") and the
loan repayments thereunder and the Bonds will be secured by a Mortgage, Security Agreement and
Fixture Financing Statement dated as of March 1, 1998 from the Company to the City and assigned to the
Trustee (the "Mortgage") and by an Assignment of Leases and Rents dated as of March 1, 1998 from the
Company to the City and assigned to the Trustee (the "Assignment");
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. Proposal. For the purpose of financing the Project, the issuance, sale and delivery of the
Bonds is hereby authorized. The proceeds of the Bonds together with other funds
provided by the Company, shall be applied costs of acquiring and rehabilitizing the
Project. The Bonds shall be in such series, principal amounts, shall bear interest at rates,
shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to
maturity, and shall be in such form and have such other details and provisions as may be
prescribed in the Indenture, substantially in the form now on file with the City. The
Bonds shall be special obligations of the City payable solely from the revenues provided
by the Loan Agreement and other funds pledged pursuant to the Indenture. The Bonds are
not to be payable from nor charged upon any funds of the city other than the revenues
pledged to their payment, nor is the City subjectto any liability thereon; no holders of the
Bonds shall ever have the right to compel any exercise of the taxing power of the City to
pay any of the principal of, premium, if any, or interest on the Bonds; the Bonds shall not
constitute a charge, lien or encumbrance, legal or equitable, upon any property ofthe City,
and each Bond shall recite that the Bonds, including interest thereon, are payable solely
from the revenues pledged to the paymentthereof and that no Bond shall constitute a debt
of the City within the meaning of any constitutional or statutory limitation. The Bonds
shall contain a recital that they are issued pursuant to the Act and such recital shall be
conclusive evidence of the validity and regularity of the issuance thereof.
2. Terms of Bonds. The Bonds will bear interest atthe rates setforth in the Indenture, not to
exceed 7.50% per annum, and will be in the principal amounts and will mature and be
subjectto redemption, all as set forth in the Indenture. Pursuant to the Loan Agreement,
the City will loan the proceeds of the Bonds to the Company to finance the Project. The
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 certain rights under the Loan
Agreement, the Mortgage and the Assignment to the Trustee as security for payment of
the Bonds under the Indenture. A Regulatory Agreement dated as of March 1, 1998 (the
"Regulatory Agreement") will be entered into, by and among the City, the Trustee and the
Company containing certain requirements regarding operation ofthe project as a qualified
residential rental project underthe Internal Revenue Code of 1986, as amended. A Bond
Purchase Agreement (the "Bond Purchase Agreement") will be entered into by and among
the City, the Company and Piper Jaffray Ina (the "Purchaser") with respectto purchase of
its Bonds.
3. Forms of Documents Submitted. Forms ofthe following documents have been submitted
to the Council for approval:
(a) the Loan Agreement;
(b) the Indenture;
(c) the Mortgage;
(d) the Assignment;
5 2-23-98
(e) the Bond Purchase Agreement; and
the Regulatory Agreement.
4. Findings. It is hereby found, determined and declared that:
(a) the Project furthers the policies of the Ace;
(b) the Project promotes the public welfare by providing necessary housing
facilities, so that adequate housing facilities are available to residents of the
State of Minnesota at a reasonable cost;
(c) the Act authorizes the acquisition, renovation, construction and installation of
the facilities and equipment to be financed by the Bonds, the issuance and sale
of the Bonds, the execution and delivery by the City of the Loan Agreement,
Regulatory Agreement, Indenture and Bond Purchase Agreement (collectively
the "Bond Documents"), the performance of all covenants and agreements of
the City contained in the Bond Documents, and the performance of all other
acts and things required under the constitution and laws of the State of
Minnesota to make the Bond Documents and Bonds valid and binding
obligations of the City in accordance with their terms;
(d) it is desirable that the Bonds be issued by the City upon the terms set forth in
the Indenture;
(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 Bonds issued under the Indenture when due, and the Loan Agreement
and Indenture also provide thatthe Company is required to pay all expenses of
the operation and maintenance of the facilities to be financed by the Bonds,
including, but without limitation, adequate insurance thereon and insurance
against all liability for injury to persons or property arising from the operation
thereof, and any taxes and special assessments levied upon or with respect to
the premises of said facilities and payable during the term of the Loan
Agreement and Indenture;
(f) 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 Bond 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 paymentthereof against any property ofthe City exceptthe interests of
the City in the Loan Agreement, the Mortgage and the Assignment, which have
been assigned to the Bond Trustee under the Indenture; the Bonds shall not
constitute a charge, lien or encumbrance, legal or equitable, upon any property
ofthe City except the interests ofthe City in the Loan Agreement, the Mortgage
and the Assignment 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 of Minnesota or
any of its political subdivisions, and thatthe Bonds, including interestthereon,
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.
5. Approval of Forms; Execution. Subject to the approval of the City Attorney, and the
provisions of paragraph 9 hereof, the forms of the Bond Documents and exhibits thereto
and all other documents listed in paragraph 3 hereof are approved substantially in the form
submitted. Subject to the provisions of paragraph 9 hereof, 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 Clerk or Manager. Subject to the provisions of paragraph 9
hereof, the Bonds are to be executed in the name of and on behalf of the City by the
Mayor and Clerk or Manager, and are to be delivered to the Trustee for authentication and
delivery to the Purchaser. Any other City documents and certificates necessary to the
transaction described above maybe executed by the appropriate City officers. Copies of
all of the documents necessary to the transaction herein described shall be delivered, filed
6 2-23-98
and recorded as provided herein and in the Loan Agreement and Indenture.
6. Official Statement. The City hereby consents to the preparation and distribution of a
Preliminary Official Statement dated and a final Official Statement (collectively, the
"Official Statement") to the Purchaser. The City has relied upon the Company and the
Purchaser and legal counsel retained by them to assure the accuracy and completeness of
the information set forth in the Official Statement and therefore the City has not
participated, and will not participate significantly, in the preparation of the Official
Statement. The City has not made, and will not make, any independent investigation of
the information contained therein, except under the headings "THE CITY" or "THE
ISSUER", and it assumes no responsibility for the accuracy or completeness of such
information. The Preliminary Official Statement will be designated as a "near final"
Official Statement for purposes of Rule 15c2-12 of the Securities Exchange Commission.
7. Issuance. The City shall proceed forthwith to issue the Bonds, in the form and upon the
terms set forth in the Indenture and this Resolution. The Bonds shall be issued in
principal amounts, shall be payable or prepayable at such time or times, shall bear interest
at such rates and shall be subject to such other terms and conditions as set forth in the
Indenture. The City officers are authorized and directedto execute and deliverthe Bonds
as prescribed in the Indenture.
8. Records and Certificates. The Mayor, Clerk, Manager and other officers of the City are
authorized and directed to prepare and furnish to the 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.
9. Chances 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 by
counsel to the City, the appropriate City staff person or by the officers authorized herein
to execute or accept, as the case may be, said documents prior to their execution; and said
officers or staffmembers are hereby authorized to approve said changes 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 document in
accordance with the terms hereof In the event of absence or disability ofthe officers, any
of the documents authorized by this Resolution to be executed may be executed without
further act or authorization of the City Council by any member of the City Council or any
duly designated acting official, or by such other officer or officers of the City as, in the
opinion of the City Attorney, may act in their behalf.
10. Indemnification b~pan~ It is understood and agreed that the Company shall
indemnify the City against all liabilities, losses, damages, costs and expenses (including
attorney's fees and ex enses incurred byy the City) arising with respectto the Project orthe
Bonds, as provided for and agreed to by and between the Company and the City in the
Loan Agreement.
11. Public Hearing Notice. The form of Notice of Public Hearing and the publication thereof
in the MAPLEWOOD REVIEW on February 4, 1998 is hereby ratified and approved.
12. Headings; Terms. Paragraph headings in this Resolution are for convenience ofreference
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 the Indenture or Loan Agreement.
Seconded by Councilmember Koppen Ayes - all
7 2-23-98
DUE TO TIME RESTRAINTS, COUNCIL MOVED TO L AWARD OF BIDS
I. AWARD OF BIDS
NONE
J. UNFINISHED BUSINESS
1. Project 95-L1, Century Avenue: Assessment Objections
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No one
appeared.
d. Councilmember Koppen moved to approve the following assessment roll chances as
recommended and directed staffto change the date in the notice reflectingthe last daj for
payment without interest to be June 1. 1998 (instead of February 23. 1998
PROPERTY FROM TO
PIN 13-28-22-11-0023 $16,400.00 $ 8,200.00
PIN 13-28-22-14-0006 $16,400.00 $ 8,200.00
PIN 13-28-22-14-0014 $27,701.59 $ 8,200.00
PIN 13-28-22-14-0020 $13,056.68 $ 6,495.92
PIN 13-28-22-41-0001 $ 9,700.77 $17,900.77
PIN 13-28-22-41-0021 $30,703.12 $ 8,200.00
Seconded by Councilmember Kittridge Ayes - all
RETURN TO H. PUBLIC HEARINGS
2. 7:15 P.M. (7:16): Moratorium Study Area -South and East of I-494
R-1R (Rural Residential) Zoning District (First Reading) (4 Votes Required)
a. Mayor Rossbach convened the meeting for a public hearing regarding . .
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the report.
d. Commissioner Gary Pearson presented the Planning Commission report.
e. City Attorney Kelly explained the procedure for public hearings.
f Mayor Rossbach opened the public hearing, calling for proponents or opponents. The
following persons were heard:
1) Carolyn Peterson, 1999 Jackson Street
2) Jack Clinton, Attorney representing Tollefson Development
8 2-23-98
3) Duane Arndt, attorney representing Audrey Bonsell, property owner of 1530
Sterling
4) Barbara Ledo, 1480 South Sterling
5) Steven Blashill, 2313 Mailand Road
6) Jeff Bonsell, 2239 Boxwood Court
7) Carl Tollefson, Tollefson Development
8) Carol Schlomka, 1447 Sterling Street South
g. Mayor Rossbach closed the public hearing.
h. Councilmember Koppen moved to take no action on the zoning.
Seconded by Mayor Rossbach Ayes - all
RETURN TO J. UNFINISHED BUSINESS
2. SL Paul Training Facility Contract
a. Manager McGuire introduced the staff report.
b. Fire Chief Hewitt presented the specifics of the report.
a Councilmember Koppen moved to authorize the Maplewood Fire Departmentto enter into a contract
with the St. Paul Fire Department for the use of their fire training facility.
Seconded by Councilmember Carlson Ayes - all
K. NEW BUSINESS
1. Diseased Elm Tree - 730 East Roselawn
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The
following person was heard:
Tom Horvath, 2670 Carver, City Forester
d. Councilmember Koppen moved to accept the report.
Seconded by Councilmember Kittridge Ayes - all
2. Parking Reduction Authorization -Metcalf Mayflower Multi-Tenant Building (East of 1255
Highway 36 East)
a. Manager McGuire introduced the staff report.
9 2-23-98
b. Director of Community Development Coleman presented the specifics of the report.
c. Boardmember Marv Erickson presented the Community Design Review Board report.
d. Mayor Rossbach asked if anyone wished to speak before the Council regarding this
matter. The following person was heard:
Ken Nordby, NAI Architects, representing Metcalf Mayflower
e. Councilmember Carlson moved to approve a parking reduction authorization for the
proposed Metcalf Mayflower multi-tenant building east of 1255 E. Highway 36, allowing
the property owner to provide 136 parking spaces - 38 fewer than the code requires -for
the following reasons:
1. The parking requirements for office/industrial buildings such as this are
generally excessive.
2. Fewer parking spaces would preserve green space and lessen storm runoff.
3. The applicant has reserved space to add 40 parking spaces should the need
arise.
The City may require that the property owner provide the additional spaces if a parking
shortage develops.
Seconded by Councilmember Koppen Ayes - all
£ Councilmember Carlson moved to approve the plans, date-stamped January 23, 1998, for
the proposed multi-tenant building east of Metcalf Mayflower. 1255 E. Highway 36.
based on the findings required by the Code, subject to the following conditions and with
condition 2.b.(4) changed as stipulated by the Community Design Review Board:
1. Repeat this review in two years ifthe City has not issued a building permit
for this project.
2. Before getting a building permit, the applicant shall provide the following for
staff approval:
a. Grading, drainage, utility and erosion control plans.
b. Revised building elevations showing:
(1) Brick and rock-face concrete block wrapped around the
north end of the west elevation up to the first angled wall
to match the same treatment of the south end of the
building.
(2) A continuation of the rock-face concrete block banding
along the west elevation above the proposed plain concrete
block.
(3) The paint color proposed for the concrete block.
(4) A 1'4" raised parapet shall be built on the entire south face
of the building and extend on the eastface to grid 3 and on
the west face to grid 2.8.
c. A revised site plan showing:
(1) Six handicap-parking spaces that meet ADA (Americans
with Disabilities Act) requirements. These mustbe spaced
along the building front to serve the entire building. One
of these spaces mustbe van accessible.
10 2-23-98
(2) All visitor parking spaces for the manufacturing and office
areas to be 9 1/2 feet wide and all parking spaces for retail
areas to be 10 feet wide. All employee parking spaces may
be nine feet wide.
(3) Replacement of all proposed bituminous curbing with
concrete curbing.
d. A revised landscape plan showing an increased number of Norway
Maple trees at a spacing of no more than 30 feet on center. These
trees must be at least 2 1/2 inches in caliper, balled and burlapped.
3. Before getting a building permit the applicant shall remove the Naegele
billboard from the site or obtain a conditional use permit for relocating it on the
property.
4. The applicant shall obtain approval of a comprehensive sign plan before getting
the first certificate of occupancy if there would be five or more tenants in the
building.
5. Trash containers must be kept within screening enclosures unless the containers
are kept along the back (west) side of the building.
6. The applicant shall complete the following before occupying the building:
a. Install a handicap parking sign for each handicap parking space.
b. Paint the rooftop mechanical equipment to match the building.
a Constructtrash dumpster enclosures for any dumpsters that would not
be kept behind the building. The applicant must submit the plans for
design and placement to staff for approval.
d. Install an in-ground lawn irrigation system for all landscaped areas.
The future parking area need not be irrigated.
e. Screen or aim site lights so they do not shine into drivers eyes.
7. If any required work is not done, the City may allow temporary occupancy if
a. The City determines that the work is not essential to the public
health, safety or welfare.
b. The City receives a cash escrow or an irrevocable letter of credit for
the required work. The amount shall be 200 percent ofthe cost ofthe
unfinished work. Any unfinished landscaping shall be completed by
June 1 if the building is occupied in the winter or within six weeks of
occupancy if the building is occupied in the spring or summer.
a The City receives an agreement that will allow the City to complete
any unfinished work.
8. All work shall follow the approved plans. The Director of Community
Development may approve minor changes.
Seconded by Councilmember Koppen Ayes - all
3. Harvester Avenue Stop Signs
a. Manager McGuire introduced the staff report.
11 2-23-98
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The
following person was heard:
Dave Picard, 2672 Harvester Avenue
d. Councilmember Koppen moved to install all-way stop signs at Harvester Avenue at
Ferndale Street and Harvester Avenue at Sterling Street, and to establish a school zone by
Transfiguration School.
Seconded by Councilmember Carlson Ayes - all
4. Maplewood Comprehensive Parks and Open Space Plan
a. Manager McGuire introduced the staff report and presented the specifics of the report.
b. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No one
appeared.
a Councilmember Carlson moved to authorize staffto proceed with interviewingthree6rms
to update the City's Parks and Open Space Plan and develop amaster plan for Robinhood
Park at afee to not exceed $37,000 with the monies to be allocated from the P.A.C. Fund.
Seconded by Councilmember Allenspach Ayes - all
5. Resolution Regarding Repeal of Sales Tax on Local Governments
and Repeal of Local Levy Limits
a. Manager McGuire introduced the staff report and presented the specifics of the report.
b. Councilmember Koppen introduced the following Resolution and moved its adoption:
98-02-20
SUPPORTING THE REPEAL OF SALES TAX ON LOCAL GOVERNMENTS
AND A REPEAL OF LEVY LIMITS
WHEREAS, The Legislature imposed the sales tax on local governments in 1992 when the State
faced a $1.8 billion budget shortfall. The State's financial picture has improved dramatically and the need
for a sales tax on local governments no longer exists.
WHEREAS, cities, counties and townships now raise $80 million per year in property taxes and fees
to pay the sales tax to the State.
WHEREAS, Imposing the sales tax on local government purchases is inefficient and increases the
cost of providing services at the local level. These costs are passed on to local taxpayers through higher
property taxes and user fees.
WHEREAS, The sales tax is confusing for local governments. Certain priority purchases are exempt
while others are not. For example, marked police patrol cars are tax exempt while unmarked squad cars
are taxable. In addition, local governments that purchase goods from other states have had difficulty
understanding and complying with the complex interactions of various states' sales tax laws.
WHEREAS, Local spending decisions should be made by local elected officials. Levy limits
minimize the accountability of mayors and councilmembers.
WHEREAS, Levy limits imply that city officials are not able to make informed, responsible
decisions that are best for their community.
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WHEREAS, Cities are accountable and responsive to residents on financial issues. With the state-
required truth in taxation process, state-required parcel specific notices, state-required publication of
summary budgets and financial statements, and a straightforward, open process where citizens are invited
to participate, levy limits are simply unnecessary in local government financial matters.
NOW, THEREFORE, BE IT RESOLVED thatthe City Council ofthe City of Maplewood supports
the repeal of the sales tax on local governments and the repeal of state imposed levy limits.
Seconded by Councilmember Kittridge Ayes - all
L. VISITOR PRESENTATIONS
NONE
M. COUNCIL PRESENTATIONS
1. Report on Metro East
a. Councilmember Koppen gave an update on the activities of the Metro East organization.
2. Beam Avenue
a. Council discussed the watershed project that is underway.
3. Mayor's Mailbox
a. Mayor Rossbach updated the Council on various meetings and activities.
N. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT
At 9:10 P.M. Councilmember Carlson moved to adjourn the meeting.
Seconded by Councilmember Koppen Ayes - all
Karen Guilfoile, City Clerk
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