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HomeMy WebLinkAbout03-22-1999 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 22, 1999 Carver Community Gym, 2680 Upper Afton Road Meeting No. 99-07 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 Absent Dale H. Carlson, Councilmember Arrived at 8:03 P.M. Kevin Kittridge, Councilmember Present Marvin C. Koppen, Councilmember Present D. APPROVAL OF MINUTES: Councilmember Kittridge moved to approve the minutes of the Council/Manager Workshop (March 1, 1999) as presented. Seconded by Councilmember Koppen Ayes -all Councilmember Kittridge moved to approve the minutes of Meeting 98-06 (March 8, 1999) as presented. Seconded by Councilmember Koppen Ayes -all E. APPROVAL OF AGENDA: Councilmember Kittridge moved to approve the Agenda as submitted. Seconded by Councilmember Koppen Ayes -all F. APPOINTMENTS/PRESENTATIONS NONE G. CONSENT AGENDA: Councilmember Koppen moved to approve the Consent Agenda s recommended. Seconded by Councilmember Kittridge Ayes -all 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 54,525.21 Checks #7830 - #7836 Dated 3-1-99 - 3-5-99 1 03-22-99 $ 248,334.76 Checks #42615 - #42703 Dated 3-9-99 $ 98,976.37 Checks #7837 - #7841 Dated 3-8-99 - 3-11-99 $ 186,700.30 Checks #42706 - #42823 Dated 3-16-99 $ 588,536.64 Total Accounts Payable PAYROLL: $ 293,178.40 Payroll Checks and Direct Deposits Dated 3-5-99 $ 22,024.41 Payroll Deduction Checks Dated 3-5-99 $ 315,202.81 Total Payroll $ 903,739.45 GRAND TOTAL 2. Sale and Purchase of Assets Agreement -The Board of Water Commissioners Authorized theappropriatee officials to execute the agreement upon completion and attachment of the appendix materials. 3. Temporary/Seasonal Pay Rate Resolution Adopted a resolution setting the pay rates for temporary and part-time employees (non-union) 99-03-017 TING 1999 TEMPORARY/SEASONAL AND PART-TIME WAGES WHEREAS, according to the Minnesota Public Employees Labor Relations Act, part-time employees who do not work more than 14 hours perweekand temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, of 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal and part-time (14 hour or less) employees effective January 1, 1999, upon Council approval. Accountant $10.00-16.00 per hour Accounting Technician $ 9.00-14.00 per hour Administrative Assistant $ 9.00-20.00 per hour Building Inspector $14.00-20.00 per hour Building Maintenance AssistanUAttendant $ 5.50- 8.50 per hour Clerk $ 6.00- 9.00 per hour Clerk-Typist $ 8.50-13.00 per hour Custodian Maintenance Worker $ 8.00-11.00 per hour Customer Service Assistant $ 6.00- 9.00 per hour CSO/Paramedic $12.00-16.00 per hour Data Entry Operator $ 8.00-12.00 per hour Election Judge $ 6.00- 6.50 per hour Election Precinct Chair $ 7.00- 7.50 per hour Engineering Aide $ 7.00-10.00 per hour Engineering Technician $10.00-16.00 per hour Fire Inspector $ 9.00-14.00 per hour Intern $ 6.00-14.00 per hour Laborer $ 6.50-10.50 per hour Lifeguard $ 6.00-10.00 per hour Receptionist $ 7.50-10.50 per hour Recreation Instructor/Leader $ 5.25-30.00 per hour Recreation Official $ 5.25-22.00 per game Recreation Worker $ 5.25-15.00 per hour Secretary $ 8.50-15.00 per hour Video Technician $ 9.00-13.00 per hour Video Coordinator' $ 9.00-14.00 per hour Video Technician' $ 8.50-13.00 per hour Water Safety Instructor (WSI) $ 6.00- 8.00 per hour 2 03-22-99 WSI & Head Lifeguard Differential $ 1.00 per hour (Lifeguards or WSIS working as Head Lifeguards; Lifeguards working as WSIS) 'Video positions shall be paid a guaranteed minimum flat fee of $20 instead of an hourly rate if their hourly rate multiplied by the number of hours is less than $20. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. 4. Accept 1998 Park & Recreation Commission Annual Report Accepted the 1998 Park & Recreation Commission Annual Report. 5. Approval of Maplewood Community Center Memberships for City Advisory Groups Authorized staff to waive the initiation fee for city residents currently serving on standing advisory/policy boards. 6. Resolution Authorizing the Submittal of Conservation Partners Grants Adopted the following resolution which authorized staff to submit conservation partnership grants for restoration and redevelopment of existing city open space properties 99-03-018 RESOLUTION Authorizing staff to submit grants for the State Partnership for Restoration of Open Space Properties. WHEREAS, the City of Maplewood assed a successful referendum in November 1993 for the acquisition of open space properties andp WHEREAS, the City has acquired 11 open space properties totaling over 220 acres and expended $4.6 million and; WHEREAS, the City of Maplewood has developed a land management plan which identifies concepts regarding restoration of open space properties and; WHEREAS, the City of Maplewood is committed to developing and restoring open space properties and; WHEREAS, the City of Maplewood has budgeted city funds for the renovation and restoration of open space properties. NOW, THEREFORE, be it resolved that the Maplewood City Council hereby authorizes and approves staff to submit conservation and partnership grants for the restoration and redevelopment of aty open space properties and; FURTHERMORE, the City agrees to serve as the fiscal agent for the grants and; FURTHERMORE, the City will utilize budgeted funds to match the state partnership grants in 1999. 7. Personal Service License -June Kardell (Maplewood Community Center) Approved an individual personal service license for June Kardell to be used at Maplewood Community Center under the business of Sister Rosalind Gefre. 8. Silver Ridge Apartments Tax-Exempt Bond Refinancing (2330 Stillwater Avenue) Approved the following tax-exempt resolution approving up to 4.252 million in tax-exempt financing for the Silver Ridge Apartments at 2330 Stillwater Avenue. 3 03-22-99 99-03-019 RESOLUTION AUTHORIZING THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1999 AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH (SILVER RIDGE PROJECT) BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. On June 28, 1993 the City of Maplewood, Minnesota (the "City") issued its $4,425,000 Variable Rate Demand Multi-family Housin Revenue Refunding Bonds, Series 1993 (Silver Ridge Project) (the "Prior Bonds") to refund the C~y's $4,800,000 Multi-Family Housing Revenue Bonds 1985 Series (Silver Ridge Project) (the "Original Bonds"), which Original Bonds were issued to finance the construction and equipping of amulti-family housing project containing 186 rental units and related amenities, located in the southwest section of the intersection of Stillwater Road and Stillwater Avenue in the City (the "Project"). The Council has received a propposal from Apartment Investment and management Company (together with any affiliate thereof, tf~e "Company') that the City redeem the Prior Bonds through issuance by the City of its Multi-family Housing Revenue Refunding Bonds (Silver Ridge Project) Series 1999 (the "Bonds"), in the amount not to exceed $4,525,000, pursuant to a Trust Indenture, dated as of March 1, 1999 (the "Indenture"), between the City and the trustee named therein (the "Trustee"). 2. The findings made in the preliminary resolutions of the City on July 22, 1985 and December 26, 1985 with respect to the Project are hereby ratified, affirmed and approved. 3. Pursuant to a Loan Agreement dated as of March 1, 1999, between the City as lender and the Company as borrower (the "Loan Agreement"), the City will loan the proceeds of the Bonds to the Company to redeem the Prior Bonds. The basic payments to be made by the Company under the Loan Agreement and that certain Promisso Note to be dated the date of issuance of the Bonds by the Company in favor of the City (the "Note are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. The City will assign its rights to the basic pa ments and certain other rights under the Loan Agreement and the Note to the Trustee as security for payment of the Bonds under the Indenture. The Bonds will be purchased by General Electric Capital Corporation, or an affiliated entity the "Bond Purchaser"), and will be secured by the following documents, each dated as of March 1, 1 99: (a) First Mortgage, Security Agreement and Fixture Financing Statement; (b) First Assignment of Rents and Leases: (C) First Assignment of Service Contracts, Warranties and Guaranties; and (d) First Assignment of Management Agreement. 4. The operation and occupancy of the Project will be subject to the terms and conditions of an Amended and Restated Land Use Restriction Agreement, dated as of March 1, 1999, between the City, the Trustee and the Company and recorded as covenants and restrictions running with the land on which the Project is located (the "Regulatory Agreement"). 5. Forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement, together with the form of Note attached thereto; (b) The Indenture, together with the form of Bond attached thereto; (C) The First Mortgage, Security Agreement and Fixture Financing Statement; (d) The First Assignment of Rents and Leases; (e) The First Assignment of Service Contracts, Warranties and Guaranties; (f) The First Assignment of Management Agreement; (g) The Environmental Compliance and Indemnification Agreement (the 4 03-22-99 "Environmental Agreement"); and (h) The Regulatory Agreement. 6. It is hereby found, determined and declared that: (a) the Project described in the Indenture referred to above is authorized by Minnesota Statutes, Chapter 462C (the "Act"); (b) the purpose of the Project is, and the effect thereof will be, to promote the public welfare by providing for the continuation of a rental housing facility for assisting persons of low and moderate income within the City to obtain decent, safe and sanitary housing at rentals they can afford; (C) the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Regulatory Agreement, the Indenture, the first Assignment of Managgement Agreement and the Environmental Agreement (collectively the "Agreements"), and fhe performance of all covenants and agreements of the City contained in the Aggreements, and of all other acts and things required under fhe constitution and taws of the State of IVlinnesota to make the Agreements and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (d) It is desirable that the Bonds be issued by the city upon the terms set forth in the Indenture; (e the basic payments under the Loan Agreement are fixed to produce revenues sufficient to provide or the prompt pa ment of principal of, premium, if any, interest on, and the ppurchase price of, the Bonds issued under the Indenture when due, and the Loan Agreement, Regulatory Agreement and Indenture also provide that the Company is required to pa all expenses of the operation and maintenance of the ProJ~ect, 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 (as defined in the Indenture) and payable during the term of the Loan Agreement, Regulatory Agreement and Indenture; and (f) under the provisions of Minnesota Statutes, Section 46X.07, 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 revenues 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 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 pa ment thereof; and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 7. Subject to the provisions of paragraph 9 hereof, the forms of the Agreements and exhibits thereto and all other documents described in paragraph 5 hereof are approved substantial)y in the form submitted with such subsequent changes as may be approved by the City Clerk and Bond Counsel. The Agreements, 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. Any other documents and certificates necessary to the transaction herein described shall be executed by the appropriate City offices. 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. 8. The Bonds shall be issued in an aggregate amount not to exceed $4,525,000 with a fixed interest rate as set forth in the Indenture and a maturity date of July 1, 2023. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture with the principal amount and rates established as provided in phis aragraph. The Bonds shall be sold to the Bond Purchaser at a price of par. The Mayor and the City Clerk are authorized 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 Bond Purchaser. 5 03-22-99 9. The Mayor and City Clerk and other appropriate officers of the City are authorized and directed to prepare and furnish to the Bond 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. 10. The approval hereby geven to the Agreements and the various other 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 ma be necessary and appropriate and approved by Bond Counsel and the City officials authorizedyherein to execute said documents prior to their execution; and 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 thereof and hereof. In the absence (or inabippy) of the Mayor or City Clerk, any of the documents authorized by this resolution to be executed by them may be executed by the Acting Mayor or the Acting City Clerk, respectively. 9. Resolution Supporting Repeal of State Sales Tax on Local Government Purchases. Approved the following resolution supporting the legislative efforts of the League of Minnesota Cities to repeal the state sales tax on local government purchases. 99-03-020 RESOLUTION RESOLUTION SUPPORTING REPEAL OF THE STATE SALES TAX FOR LOCAL GOVERNMENT PURCHASES WHEREAS, the State Legislature imposed the sales tax on local governments in 1992 when facing a significant state budget deficit; and WHEREAS, the state government has collected hundreds of millions of dollars in state sales tax since 1992 on local government purchases of items such as road maintenance equipment, wastewater treatment facilities, and building materials; and WHEREAS, the sales tax on local government purchases is passed on to residents in the form of higher property taxes and fees; and WHEREAS, the state's financial picture has improved dramatically and the need for the sales tax no longer exists; and WHEREAS, Minnesota is one of only seven states which impose a sales tax on local government purchases; and WHEREAS, imposing the sales tax on local government purchases is an inefficient way to raise state revenues, espeaagy where sales tax is paid for bonding projects with accompanying interest costs; NOW, THEREFORE BE IT RESOLVED, that the Maplewood City Council encourages its state legislators to support the repeal of the state sales tax on local governments. 10. Budget Transfer Fire Department Secretary Position Authorized revision of the Fire Department secretary to full-time status and the appropriate budget changes. 6 03-22-99 H. PUBLIC HEARINGS 1. 7:00 P.M. Holiday Station Store Conditional Use Permit Revision (230 McKnight Road South) a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following person was heard: Mark Nelson, Representing Holiday Companies e. Mayor Rossbach closed the public hearing. Councilmember Koppen moved/introduced the following Resolution and moved its adoption: 99-03-021 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION WHEREAS, Mark W. Nelson of Holiday Companies, applied for a conditional use permit amendment to add a third fuel dispenser at a Holiday Fuel Station. WHEREAS, this permit applies to 280 McKnight Road South. The legal description is: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the intersection of the West line of said Northwest Quarter of Northwest Quarter and the South line of the North 362.00 feet of said Northwest Quarter of Northwest Quarter; thence Easterly, along said south line 40.01 feet to its intersection with a line parallel with and distant 40.00 feet East of said West line and the actual point of beginning; thence continue Easterly, along said south line, 245.00 feet; thence Southerly, parallel with said West line, 100.00 feet; thence Westerly, parallel with said South line, 20.00 feet; thence Southerly, parallel with said West line, 125.00 feet; thence Westerly, parallel with said South line, 125.00 feet; thence Southerly, parallel with said West line, 20.00 feet; thence Westerly, parallel with said South line, 100.00 feet to said line 40.00 feet East of said West line; thence Northerly, along said parallel line to the actual point of beginning. Subject to easements, if any. WHEREAS, the history of this conditional use permit is as follows: 1. On January 11, 1999, the city council reviewed this request as part of a proposed code amendment to allow a third fuel dispenser at minor motor fuel stations. The councl consequently approved the code amendment. 2. The city council held a public hearing on March 22, 1999. The city staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, 7 03-22-99 drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the city stamped July 31, 1995 and amended February 12, 1996. The addition of a third fuel-island dispenser shall follow the plans date-stamped March 4, 1999. The director of community development may approve minor changes consistent with the approved plans. 2. The proposed addition of the third fuel dispenser must be substantially started within one year of councl approval or the amended permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this amended permit in one year. 4. The developer shall equip the car wash with a noise reduction package and keep the southerly door closed while car washing and drying equipment is operating. 5. The fuel station and car wash shall not be open between 11 p.m. and 6 a.m. (code requirement). 6. External speakers shall not exceed the noise standards set by the Minnesota Pollution Control Agency (code requirement). 7. The Holiday Station Store shall not be allowed to store merchandise for sale outside of the building. The Maplewood City Council approved this resolution on March 22, 1999. Seconded by Councilmember Kittridge Ayes -all 2. 7:15 P.M. Public Information Hearing -Resident Concerns with Wildlife -Management Options a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. City Attorney Kelly explained the procedure for public hearings. d. Colleen Dirkswager, Community Orientated Service presented the specifics of the report. e. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following persons were heard: 1. Kathy Don Carloes, Department of Natural Resources 2. Richard Wolfe, 2190 Mailand 3. Karen Bowman, 2190 Mailand 4. Ed Vitek, 2587 Upper Afton Road 5. Jim Marnie, 499 Margaret Street 6. Allen Eldridge, 2316 Valley View 7. Ambrose Fisher, 2271 Londin Lane 8. Bill Lyle, 810 Sullivan Road 8 03-22-99 9. Gerald Steenberg, 2561 Hillwood Drive 10. Richard Pribnow, 2290 Mailand 11. Robyn Sandquist, 2544 Valley View Road 12. Andrea Pluemmer, 2385 Highland 13. Eric Henderson, 1753 Gervais Avenue 14. Kristin Wood, 780 South Crestview Drive 15. Bill Pickett, 2676 Brookview 16. Sal Roering, 2311 Boxwood Avenue 17. Ken Gervais, 2373 Linwood 18. Francis Wald, 2509 Mayer Lane 19. Michael Patrick, 912 S. Winthorp 20. Mary Evans, 420 Marnie Street 21. Robert Alitz, 2297 Timber Trail 22. Patrick Kelly, City Attorney 23. Tom Krey, 2151 Londin Lane 24. Phillip Thompson, no address available 25. Lawrence Grand, 2405 Carver Avenue 26. Pat Nicholson, 2525 Valley View Drive 27. Gary Sherhun, 137 N. Crestview Drive 28. Don Disselkamp, 188 Crestview Dr. North 29. Sue Schlomka, 1501 Harry Lane 30. Glenn Goossen, 2610 Southcrest Avenue 31. Jim Trammel, 6586 Up er 35th Street, Oakdale 32. Carol Scholmka, 1447 ~outh Sterling 33. Dennis Miling, 2471 Timber Court 34. Gerry Vandelion, Inver Grove Heights 35. Gary Slumppke, 1460 South Sterling 36. Randy Etchavery, 2352 Mamie Avenue 37. Causa, 1452 Crestview Drive 38. Gerald Muraska, 55 McClelland 39. Charles Rautio, 78 Dennis Lane 40. Mark Thompson, 47 McClelland Ave. 41. Kevin Berglund, 1929 Kingston 42. Kathy Don Carloes, Department of Natural Resources 43. John Moriarity, Ramsey County 44. Kathy Don Carloes, Department of Natural Resources 45. John Moriarity, Ramsey County g. Mayor Rossbach closed the public hearing. Councilmember Kittridge moved to hold another Public Hearin before a decision is made and su ested that staff mee wi amse oun e i o ain au an surroun in su ur s to in uire w a e ave one in a as in a area o wi i e mana emen an a resu s o eir e o s an w a u ure p ans are. Seconded by Councilmember Koppen Ayes -All City Manager McGuire suggested that after the study was completed the item be brought back to a Council/Manager Workshop before another public hearing was held. I. AWARD OF BIDS NONE J. UNFINISHED BUSINESS NONE K. NEW BUSINESS NONE 9 03-22-99 L. VISITOR PRESENTATIONS 1. Bob Zick 2. Kevin Berglund M. COUNCIL PRESENTATIONS 1. Mayor Rossbach encouraged the public to attend the Mayor's Forum to be held at City Hall on May 1st in the Maplewood Room at 10:00 a.m. N. ADMINISTRATIVE PRESENTATIONS 1. Referendums -City Manager McGuire reported to Council the status of the three proposed items going to referendum. O. ADJOURNMENT Mayor Rossbach motioned to adjourn the meting at 9:35 P.M. Seconded by Councilmember Koppen Ayes -all Karen Guilfoile, City Clerk 20 03-22-99