HomeMy WebLinkAbout11-08-1999 MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 8,1999
Council Chambers, Municipal Building
Meeting No. 99-25
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 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:
Councilmember Kittridge moved to approve the Minutes of CounciUManager Workshop (October 4, 1999) as
presented.
Seconded by Councilmember Carlson Ayes -all
Councilmember Carlson moved to approve the Minutes of Meeting 99-24 (October 25. 1999) as presented.
Seconded by Councilmember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Carlson moved to approve the Agenda as submitted.
Seconded by Councilmember Allenspach Ayes -all
F. APPOINTMENTS/PRESENTATIONS:
NONE
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G. CONSENT AGENDA:
Councilmember Koppen moved to approve the Consent Agenda as presented.
Seconded by Councilmember Allenspach Ayes -all
1. Approval of Claims
ACCOUNTS
PAYABLE
$369.00 Check #8116 dated l0-15-99
$105,022.08 Checks #46381 thrn #16512 dated 10-26-99
$100,911.02 Disbursements via debits to checking account
dated 10-18 thrn 10-22-99
$74,097.72 Checks #8117 thrn #8130 dated 10-19 thrn 10-28-99
$121,566.34 Checks #46616 thrn #46721 dated 11-2-99
$62,700.63 Disbursements via debits to checking account
dated 10-25 thrn 10-29-99
$464,666.79 Total Accounts Payable
PAYROLL
$303,018.98 Payroll Checks and Direct Deposits dated 10-29-99
$20,905.33 Payroll Deduction check #75121 thrn #75125 dated 10-29-99
$323,924.31 Total Payroll
$788,591.10 GRAND TOTAL
2. Trunk Highway 49 Turnback Resolution
Adopted the following resolution concurring with the jurisdiction transfer of Trunk Highway 49 from Interstate
694 to University Avenue from MN/DOT to Ramsey County
99-11-101
RESOLUTION
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TRUNK HIGHWAY 49 TURNBACK, INTERSTATE 694 AT UNIVERSITY AVENUE
WHEREAS, The Minnesota Department of Transportation and Ramsey County have entered into a
Memorandum of Understanding which provides for the consolidation of roadway jurisdiction in Ramsey
County; and
WHEREAS, the Memorandum of Understanding includes a consolidation plan, prepared in conjunction
with municipalities of Ramsey County ;and
WHEREAS, the consolidation plan provides for the turnbaok of State Trunk Highway 49 from Interstate
694 to University Avenue to Ramsey County; and
WHEREAS, Ramsey County intends to accept the jurisdiction change on or about January 1, 2000, and
will place the 6.136 mile segment on the County State Aid Highway system; NOW THEREFORE BE IT
RESOLVED, the City Council of the City of Maplewood concurs with the establishment and designation
of the turnback segment of State Trunk Highway 49 from Interstate 694 to University Avenue as a County State
Aid Highway (CSAH) in Ramsey County under provisions of Minnesota Law, subject to the approval of the
Commissioner of Transportation of the State of Minnesota; and BE IT FURTHER
RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this
resolution to the Commissioner of Transportation of the State of Minnesota, and upon his approval of the
designation of the said roadway of portion thereof, that the same be constructed, improved and maintained as a
County State Aid Highway in Ramsey County, to be numbered and known as County State Aid Highway 49.
3. Right-of--Way Agreement, Touch America
Approved agreements authorizing two telecommunication companies to allow them to use the city right-of--way.
4. Conditional Use Permit Review -Bear-36 Auto Plaza (2271 White Bear Avenue)
Reviewed the conditional use permit for Bear-36 Auto Plaza fuel station and repair garage only it a problem
arises of it the applicant proposes changes.
5. Gambling License - St. PauUMaplewood Pioneer Booster Club at AMF Maplewood Lanes
99-08-102
RESOLUTION AUTHORIZING TEMPORARY LAWFUL GAMBLING
St. Paul/Maplewood Pioneer Booster Club at AMF Maplewood Lanes, 1955 English Street
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for
temporary lawful gambling is approved for St. PauUMaplewood Pioneer Booster Club at AMF Maplewood
Lanes, 1955 English Street, Maplewood, Minnesota.
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FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application
for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the
Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota
Statute §349.213 and the City allows the Board to issue a permit before 30 days.
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.
6. Disposal of Surplus Property -Spectator Bleechers
Approved the disposal of 31 bleacher nits be scrapped and declared excess property and be replaced in the
future with three-row aluminum bleachers at a cost of $539 plus shipping and tax. The new bleachers will
comply with the new state legislation.
H. PUBLIC HEARINGS:
1. 7:05 P.M. Tax Exempt Refinancing - St. Ann's Residential Services (1755 Atlantic Street)
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
a Community Development Director Coleman presented the specifics of the report.
d. Mayor Rossbach opened the public hearing, calling for proponents of opponents.
No one was heard.
e. Mayor Rossbach closed the public hearing.
Councilmember Koppen moved/introduced the following Resolution, approving Maplewood giving host
annroval for up to 2.1 million in tax-exempt revenue financing for St. Ann's Residential Services Inc. At 1755
Atlantic Street.
99-11-103
11-8-99 4
RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH FACILITIES REVENUE
OBLIGATIONS FOR A PROJECT BY ST. ANN'S RESIDENTIAL SERVICES, INC. LOCATED IN
THE CITY OF MAPLEWOOD, MINNESOTA UNDER MINNESOTA STATUTE, CHAPTER 469
BE IT RESOLVED, by the City Council of the City of Maplewood, Ramsey County, Minnesota (the
"City"), as follows:
1. Authority. Minnesota Statutes Sections 469.152 through 469.165, as amended (the "Act"), authorizes a
city to issue revenue obligations to finance a project consisting of any properties, real or personal, used or
useful in connection with a revenue producing enterprise engaged in providing health care services,
including hospitals, nursing homes, and related medical facilities.
2. The Project.
a. Representatives of St. Ann's Residential Services Inc., a Minnesota nonprofit corporation
(the"Corporation"), have advised the City that the Corporation desires to refinance debt incurred by
the Corporation with respect to the acquisition and betterment of real and personal property, all
with respect to the Corporation's 4-bed supervised living services facility for the developmentally
disabled, located at 1755 Atlantic Street, Maplewood, Minnesota (the "Maplewood Project").
b. Such representatives further advise the City that the Corporation also desires to finance other
projects under the Act which are located in Minneapolis, Richfield, Roseville and Saint Paul,
Minnesota (collectively, the "Host Cities"), generally consisting of (a) financing the acquisition of
new facilities; and (b) refinancing debt incurred by the Corporation with respect to the acquisition
and betterment of real and personal property (collectively, the "Project).
3. Financing; Joint Powers Agreement.
a. The Corporation desires to finance the Project, which includes the Maplewood Project, through the
issuance of tax exempt revenue obligations of the City of Richfield, Minnesota, the City or one of
the other Host Cities. The Corporation has requested that the City of Richfield, Minnesota, issue
such obligations for the Project
b. The Obligations, when and if issued for the Project, shall not constitute a charge, lien or
encumbrance, legal of equitable, upon any property of the City, the Issuer of the Host Cities.
(There will, however, be a change, lien or encumbrance on the Project, which is not an asset of the
City, the Issuer or the Host Cities.) The Obligations, when and it issued, shall recite in substance
that the Obligations and the interest thereon, are payable sole from revenues received from the
Project and property pledged for payment thereof, and shall not constitute a debt ;of the City, the
Issuer or the Host Cities.
4. Recital of Representatives Made by the Corporation.
a. The City has been advised by representatives of the Corporation that (I) conventional financing is
available only on a limited bases and at such high costs of borrowing that the economic feasibility
of operating the Project would be significant reduced; (ii) on the basis of information submitted to
the Corporation and their discussion with representatives of area financial institutions and potential
11-8-99 5
buyers oftax-increment bonds, the Obligations could be issued and sold upon favorable rates and
terms of finance the Project, (iii) the Corporation will experience a significant debt service cost
savings as a result of the Project, and (iv) the Project would be undertaken but for the availability of
financing under the Act.
b. The Corporation has agreed to pay any and all costs incurred by the City in connection with the
issuance of the Obligations, whether or not such issuance is carried to completion.
a The Corporation has represented to the City that no public official of the City has either a direct of
indirect financial interest in the Project not will any public official either directly or indirectly
benefit financially from the Project.
5. Joint Powers Agreement.
a. The corporation has requested that the City, the Issuer ,and the Host Cities cooperate (as permitted
by Minnesota Statutes, Section 471.59) through a ;joint powers agreement in authorizing the
financing of the Project through the issuance of the Obligations by the Issuer pursuant to the Act.
b. Under the Act, the City, the Issuer and the Host Cities are each authorized and empowered to issue
revenue bonds or a revenue note to finance or refinance all or any part of the costs of a project
consisting of the refinancing of debt incurred with respect to, of acquisition and betterment of,
health care facilities orrevenue-producing facilities of organizations described in Section 501(c)(3)
of the Internal Revenue Code of 1986, as amended (the "Code") and to refund bonds previously
issued under the Act.
c. A draft copy of the Joint Powers Agreement among the City, the Issuer and the Host Cities (the
"Joint Powers Agreement') has been submitted to the Council ans is on file in the offices of the
City Clerk.
d. The Joint Powers Agreement is hereby made a part of the Resolution as though fully set forth
herein and is hereby approved in substantially the form presented to the City Council. The Mayor,
the Administrator and the Clerk, of the authorized designee of any of the foregoing, are authorized
and directed to execute, acknowledge, and/or insertions, and omissions therein as the City Attorney
may hereafter deem appropriate, such execution to be conclusive evidence of approval of such
document in accordance with the terms hereof.
e. The Mayor, the Administrator and the Clerk, of the authorized designee of any of the foregoing, are
authorized and directed to execute and deliver such other documents or certificates needed from the
City for the sale of the obligations.
6. Public Hearing. As a portion of the Project is to be located within the City, the City will conduct a public
hearing on the proposal to undertake and finance the Project, pursuant to the requirements of Minnesota
Statutes, Section 469.154, Subd. 4, and Section 147(f) of the Internal Revenue Code of 1986, as amended.
7. Host Approval. The City hereby gives the host approval requiring under the Internal Revenue Code to the
issuance of the Obligations.
11-~-99 6
Seconded by Councilmember Carlson Ayes -all
Mayor Rossbach moved to correct the minutes of 10-11-99, from Tax Increment Financing to Tax Exempt
Financing regarding for St. Ann's Residentail Services.
Seconded by Carlson Ayes- all
2. 7:23 P.M. House Building Request (Harrisons) (Ripley Avenue and Jessie Street)
1. Construction Agreement
2. Alley Vacation
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
a Community Development Director Coleman presented the specifics of the report.
d. Commissioner Pierson 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 of opponents. The
following persons were heard:
James Harrison, 1777 Edgerton
Richard Lefebvre, 500 Ripley
g. Mayor Rossbach closed the public hearing.
Councilmember Carlson moved/introducedthe following Resolutions 1) approving an agreement to build one
house on a yroyerty that does not front a yublicly dedicated and maintained street and 2) vacating the undeveloyed alley
between Bradley Street and the Jessie Streetright-of--way, south of Riyley Avenue. and moved its adoption:
99-11-104
CONSTRUCTION AGREEMENT RESOLUTION
WHEREAS, James and Cynthia Harrison are asking that the city council approve a construction agreement to build a
house on a site that does not front on an improved public street.
WHEREAS, the legal description of the property is:
11-~-99 7
Lots 4 through 13, Block 2, King's Addition to the City of Saint Paul in the SE 1/4 of the SW 1/4 of Section
17, Township 28, Range 22, Ramsey County, Minnesota.
WHEREAS, Section 9-1(a) of the City Code requires all lots to abut on a publicly dedicated and maintained street to
be built on.
WHEREAS, this parcel does not front on apublicly-maintained street and as such, the proposed house would not
front on a publicly dedicated and maintained street.
WHEREAS, the history of this request is as follows:
1. The Planning Commission discussed this request on October 18, 1999. They recommended that the City
Council approve the request.
2. The City Council discussed this request on November 8, 1999. The council gave everyone at the meeting a
chance to speak and present written statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described agreement because:
1. The situation is unusual.
2. The property owner did not cause the existing conditions.
3. Having one additional house in the area would not alter the neighborhood's character.
4. The city has approved other homes on private driveways.
This resolution requires that the property owner complete the following conditions before the city issues a building
permit:
1. All construction shall follow the site plan approved by the city. The City Engineer shall approve the driveway and
turnaround location and designs. The Director of Community Development may approve minor changes to the plans.
2. Record the following with Ramsey County:
a. An agreement that allows the property owner or users of this property to use the existing Jessie
Street right-of--way for ingress and egress from the parcel to Ripley Avenue.
b. An agreement against the property that:
(1) Holds the city harmless from any liability for using the private driveway or any delay in
emergency vehicles finding the structure(s).
(2) States that the property owners shall maintain, plow and sand this driveway to the
satisfaction of the Director of Public Works.
The city attorney shall prepare these agreements. The property owner shall provide the city
with copies of all recorded documents.
3. Install a sign at Ripley Avenue and the driveway that states the property address and that the driveway is private.
11-8-99 8
4. Record with Ramsey County a wetland buffer easement for the wetland and a 50-foot-wide buffer around the
wetland on the site. This easement shall prohibit mowing, cutting, filling, dumping or grading in the wetland or in the
wetland buffer.
5. Combine all the parcels on the site into one property for tax and identification purposes.
99-11-105
ALLEY VACATION RESOLUTION
WHEREAS, Maplewood city staff applied for the vacation of the following-described alley:
The alley between Bradley Street and Jessie Street, between Ripley Avenue and the State of Minnesota DNR trail, in
Block 2 of the King's Addition to the City of Saint Paul in Section 17, Township 29, Range 22, Maplewood,
Minnesota.
WHEREAS, the history of this vacation is as follows:
1. On October 18, 1999, the planning commission recommended that the city council approve this vacation.
2. On November 8, 1999, the city council held a public hearing. The city staff published a notice in the
Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the
hearing a chance to speak and present written statements. The council also considered reports and
recommendations from the city staff and planning commission.
WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting
properties:
Lots 1 through 28, Block 2, King's Addition to Saint Paul in Section 17, Township 29, Range 22, Ramsey County,
Minnesota
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the
following reasons:
L It is in the public interest.
2. The city and the adjacent property owners have no plans to put pavement or utilities in this location.
3. The adjacent properties have access to public streets and utilities.
Seconded by Councilmember Koppen Ayes -all
I. AWARD OF BIDS
1. Community Center Addition
a. Manager McGuire introduced the staff report.
11-~-99 9
b. Parks and Recreation Director Anderson presented the specifics of the report.
c. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The folic
Duane Kell, Ankeny Kell Architects
Councilmember Carlson moved to approve the Community Center addition and award the base bid of $313.800
plus alternative 1 for windows of $16.500 and alternate 3 for HVAC of $16.400 for atotal cost of $346.700 to
James Steele Construction and that the finance director be directed to make the necessary budget changes to
adjust the PAC budget to cover the increased cost for construction and architectural fees.
Seconded by Councilmember Allenspach Ayes -Mayor Rossbach, Councilmembers Kittridge,
Carlson, &Allenspach
Nays -Councilmember Koppen
J. UNFINISHED BUSINESS
NONE
K. NEW BUSINESS
1. Ramsey County Sheriff's Department -Fee Waiver for Explorer Group
a. Manager McGuire introduced the staff report and presented the specifics of the report.
Councilmember Carlson moved to grant the fee waiver.
Seconded by Councilmember Koppen Ayes -all
L. VISITOR PRESENTATIONS
NONE
M. COUNCIL PRESENTATIONS
1. Mayor's Mailbox- remind everyone Thursday, November 11 is Veterans Day
N. ADMINISTRATIVE PRESENTATIONS
118}99
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NONE
O. ADJOURNMENT
Councilmember Allenspach moved to adjourn the meeting at 7:52 P. M.
Seconded by Councilmember Koppen Ayes -all
Karen E. Guilfoile, City Clerk
l l~fl 99
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