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HomeMy WebLinkAbout11-22-1999 MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 22, 1999 Council Chambers, Municipal Building Meeting No. 99-26 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 Absent Marvin C. Koppen, Councilmember Present D. APPROVAL OF MINUTES: Councilmember Carlson moved to approve the Minutes of Meeting 99-25 (November 8. 1999) as presented. Seconded by Councilmember Koppen Ayes -all E. APPROVAL OF AGENDA: Councilmember Carlson moved to approve the Agenda as amended. M-2. Historical Society K-5. New Business Seconded by Councilmember Allenspach Ayes -all F. APPOINTMENTS/PRESENTATIONS: NONE G. CONSENT AGENDA: Councilmember Carlson moved to approve the Consent Agenda as presented. Seconded by Councilmember Koppen Ayes -all 1. Approval of Claims 11-22-99 1 ACCOUNTS PAYABLE $102,694.41 Checks #8131 thru #8141 dated 10-29 thru 11-3-99 $207,661.41 Checks #46724 thru #46872 dated 11-9-99 $2,192,872.06 Disbursements via debits to checking account dated 11-1 thru 11-8-99 $182,826.45 Checks #8142 thru #8146 dated 11-5 thru 11-10-99 $58,288.64 Checks #46875 thru #46993 dated 11-16-99 $171,915.42 Disbursements via debits to checking account dated 11-8thru 11-12-99 $2,916,258.39 Total Accounts Payable PAYROLL $362,006.29 Payroll Checks and Direct Deposits dated 11-12-99 $24,480.71 Payroll Deduction check #75383 thru #75390 dated 11-12-99 $386,487.00 Total Payroll $3,302,745.39 GRAND TOTAL 2. Increase in Miscellaneous Service Charges Approved increasing the miscellaneous services charges by 2.4% effective January 1, 2000. 3. Transfers for Unassessed Utility Improvements Approved the annual transfers from the Sewer Fund and Water Fund to the Debt Service Funds to amortize the costs of unassessed water and sewer improvements. 4. Uncollectible Ambulance Bills - 1997 Approved that the $121,669.46 of ambulance bills itemized in the attached exhibit be written off as uncollectible. 5. Livable Communities Act - 2000 Participation Adopted the following resolution for Maplewood's 2000 participation in the Local Housing Incentives Program under the Metropolitan Livable Communities Act. 11-22-99 2 99-11-106 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2000 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each city must identify to the Metropolitan Council the actions the city plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality that elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 2000, a metropolitan area city that participated in the Local Housing Incentive Account program during the calendaryear 1999, can continue to participate under Minnesota Statutes Section 473.254 if: (a) the city elects to participate in the Local Housing Incentives Account Program by November 15, 1999; and (b) the Metropolitan Council and the city have successfully negotiated affordable and life-cycle housing goals for the city: NOW, THEREFORE, BE IT RESOLVED THAT Maplewood elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during 2000. 6. Resolution of Appreciation for Katie Kimlinger Adopted the following resolution. 99-11-107 JOINT RESOLUTION OF APPRECIATION WHEREAS, Katie Kimlinger has been a member of the Maplewood Human Relations Commission Board since January 1, 1997 and has served faithfully in that capacity; and 11-22-99 3 WHEREAS, the Human Relations Commission Board has appreciated her experience, insights and good judgement; and WHEREAS, Katie has freely given of her time and energy, without compensation, for the betterment of the City of;Maplewood; and WHEREAS, Katie has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Katie Thein Kimlinger is hereby extended our gratitude and appreciation for the dedicated service and we wish her continued success in the future. 7. Landfall Fire Protection Contract Authorized the City Manager to enter into a contract with the City of Landfall for the year 2000 for the sum of $15,000 and the payment of $1500 to the Maplewood Firefighters Relief Association. H. PUBLIC HEARINGS: 1. 7:08 P.M. Tax Exempt Financing Host Approval -Dakota Communities, Inc. (Maryland Avenue) a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The following person(s) were/was heard: representing Dakota Communities, Inc. e. Mayor Rossbach closed the public hearing. Councilmember Koppen moved/introduced the following Resolution, giving host approval for up to $2.5 million intax-exempt revenue bonds and authorizes the execution of a joint powers agreement for Dakota Counties, Inc. and moved its adoption: 99-11-108 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF REVENUE BONDS AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT (DAKOTA COMMUNITIES, INC. PROJECT) WHEREAS, Dakota Communities, Inc., a Minnesota nonprofit corporation (the "Company', desires to finance the acquisition and construction of five assisted living facilities located in four different Minnesota cities, including a facility to be located between Lakewood Drive and McKnight Avenue East, on Maryland Avenue 11-22-99 4 East, and to refinance existing indebtedness with respect to five facilities located in four different Minnesota cities, all as described on Exhibit A (collectively, the "Project'); and WHEREAS, the Company has proposed that the City of Mendota Heights, Minnesota, issue tax exempt revenue BONDS in the approximate aggregate principal amount of $2,500,000 (the "BONDS") to finance the Project pursuant to Minnesota States, Chapter 462C; and WHEREAS, in connection with The issuance of the BONDS it is proposed that a Joint Powers Agreement be entered into among the City and the Cities of Mendota Heights, South St. Paul, Eagan, Inver Grove Heights, Crystal, West St. Paul, and Vadnais Heights, Minnesota pursuant to Minnesota Statutes, Section 471.59; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each governmental unit in which facilities to be financed by the BONDS are located must approve that issuance of the BONDS following a public hearing; and WHEREAS, a public hearing on this matter was held by the City on the date hereof; and WHEREAS, the BONDS are payable solely from revenue of the Company, will not be a general or moral obligation of the City or any other political subdivision of the State of Minnesota, but will be payable solely from revenues of the Company, to the extent and in the manner provided in the documents executed in connection with the issuance of the BONDS; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City hereby fives the host approval required under the Internal Revenue Code to the issuance of the BONDS and to housing program financing of the Project, substantially as described in the housing program attaohed as Exhibit B. 2. In no event shall the BONDS ever be payable from or charged upon any funds of the City' the City is not subject to any liability thereon; no owners of the BONDS shall ever have the right to compel the exercise of the taxing power of the City to pay any of the BONDS or the interest thereon, nor to enforce payment thereof against any property of the City; the BONDS shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the BONDS do not constitute an indebtedness of the City within the meaning of any constitutional, statutory, or charter limitation. 3. The Joint Powers Agreement (Dakota Communities, Inc.) is hereby approved in substantially the form attaohed as Exhibit C; and the Mayor and Administrator of the City are authorized to execute the same in the name of and on behalf of the City. In the event of the disability or the resignation or other absence of the Mayor or the Administrator of the City, such other officers of the City may execute all instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Joint Powers Agreement includes approval of such additional details therein as maybe necessary and appropriate and such modification thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and by the City officials authorized herein to execute the Joint Powers Agreement prior to their execution; and such City official are hereby authorized to approve said changes on behalf of the City. Seconded by Councilmember Allenspach Ayes -all 11-22-99 5 Mayor Rossbach moved staff to review City tax exempt financing procedures and how they affect the city and to consider developine a policy to consider chance of services. Seconded by Councilmember Allenspach Ayes -all 2. 7:18 P.M. Used Car Sales Conditional Use Permit -Maplewood Auto Ctr. (2525 White Bear Avenue) a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Frost 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. No one was heard. g. Mayor Rossbach closed the public hearing. Councilmember Koppen moved/introduced the following Resolution, approving a conditional use permit for used sales at Maplewood Auto Center, 2525 White Bear Avenue for a six month period of time. At that time applicant will be required to come before Council at that time and moved its adoption: 99-11-109 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Dale Martin, of Credit Equity Sales, applied for a conditional use permit for motor vehicle sales at the Maplewood Auto Center: WHEREAS, this permit applies to property located at 2525 White Bear Avenue. The legal description is: SUBJECT TO EASEMENTS: N 280 FEET OF LOT 2 & ALL OF LOT 1 BLOCK 1, MAPLE RIDGE MALL WHEREAS, the history of this conditional use permit is as follows: 1. On November 1, 1999, the planning commission recommended that the city council approve this permit. 2. On November 22, 1999, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. 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 based on the building and site plans. The city approved this permit because: 11-22-99 6 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, drainage, water runoff, 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 environrnental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. There shall not be any vehicles displayed in the parking lot with "for sale" signs or any other forms of car-sale display or graphics. (Add penance where?) Ask Melinda 5. Car sales on the site shall be by appointment only as proposed, not on a drop-by retail basis. Seconded by Mayor Rossbach Ayes -all 3. 7:33 P.M. Choice Auto Rental Conditional Use Permit - LaMettry Collision Building (2923 Highway 61) a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. 11-22-99 7 d. Commissioner Frost presented the Planning Commission report. e. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The following persons were heard: Brad Hoikka, 1854 W. Burnsville Parkway Jeff, 1123 Duluth Court f Mayor Rossbach closed the public hearing. Councilmember Carlson moved/introducedthe following Resolution, approving a conditional use permit for a car rental operation at LaMettry Collision. 2923 Highway 61 North. and moved its adoption: 99-11-110 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Michael North, representing Choice Auto Rental, Inc., applied for a conditional use permit to be permitted to operate a motor vehicle rental business. WHEREAS, this permit applies to property located at 2923 Highway 61 North. The legal description is: That part of the East 723.4 feet of the North 225 feet of the South 698 feet of the Southeast Quarter of the Northeast Quarter of Section 4, Township 29 N, Range 22 W of the 4th PM lying westerly of the westerly right-of--way of State Highway No. 61. WHEREAS, the history of this conditional use permit is as follows: 1. On November 1, 1999, the planning commission recommended that the city council approve this permit. 2. On November 22, 1999, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. 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 based on the building and site plans. The city approved this 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, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 11-22-99 8 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 environrnental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. All dead or dying trees shall be replaced in the spring or summer of 2000. Seconded by Councilmember Koppen Ayes -all I. AWARD OF BIDS 1. Local Telephone Service a. Manager McGuire introduced the staff report. b. Finance Director Faust presented the specifics of the report. Councilmember Carlson moved to accept the lowest responsible bid in the amount of $4,078.OOper monthh from McLeod USA, and authorize the city manager to sign a 36-month agreement with McLeod USA. Seconded by Councilmember Koppen Ayes -all 2. English Street Improvements, Project 96-19, Professional Landscape Services a. Manager McGuire introduced the staff report. b. City Engineer Haider presented the specifics of the report. Councilmember Carlson moved to authorize this expenditure for professional landscaping services on the 11-22-99 9 English Street Improvement, City Project 96-19. Seconded by Councilmember Koppen Ayes -all 3. Establish Budget for Tri-District School Pond Outlet, Project 99-16 & Award Construction Contract a. Manager McGuire introduced the staff report. b. City Engineer Haider presented the specifics of the report. Mayor Rossbach moved/introduced the following Resolution, awarding the lowest bidder. OptiCon Inc., in the amount of $18,603.00 for the Tri-District School Pond Outlet and authorized the Finance Director to make the financial transfers necessary to implement the financing plan for Project 99-16 and moved its adoption: 99-11-111 RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of OptiCon, Ina In the amount of $18,603 is the lowest responsible bid for the construction of the Tri-district School Pond Outlet, City Project 99-16, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing pan for the project. Seconded by Councilmember Koppen Ayes -all J. UNFINISHED BUSINESS NONE K. NEW BUSINESS 1. Courtesy Bench Ordinance - 1st Reading a. Manager McGuire introduced the staff report. b. City Clerk Guilfoile presented the specifics of the report. 11-22-99 10 Councilmember/Mayor introduced the first reading on the Courtesy Bench Ordinance. Seconded by Ayes -all Nays - Abstain - 2. 1999 Comprehensive Plan Update Approval a. Manager McGuire introduced the staff report. b. Director of Community Development Coleman presented the specifics of the report. a Commissioner Fisher presented the Planning Commission report. Councilmember Koppen moved to table the 1999 Maplewood Comprehensive Plan update until 12-13-99. Seconded by Councilmember Carlson Ayes -all 3. Hazelwood Street (Gervais Ave to Ctny Rd C), Project 99-07, Order Preparation of Feasibility Study a. Manager McGuire introduced the staff report. b. City Engineer Haider presented the specifics of the report. Councilmember Carlson moved/introducedthe following Resolution, ordering the preparation of the feasibility study for Hazelwood Street. Gervais Avenue to County Road C. Project 99-07 and moved its adoption: 99-11-112 RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to replace Hazelwood Street from Gervais Avenue to County Road C, Project 99-07, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 11-22-99 11 FURTHERMORE, funds in the amount of $17,000 are appropriated to prepare this feasibility report. Seconded by Councilmember Koppen Ayes -all 4. Tilsen North Neighborhood Streets, Project 99-05, Order Preparation of Feasibility Study a. Manager McGuire introduced the staff report. b. City Engineer Haider presented the specifics of the report. Councilmember Carlson moved/introducedthe following Resolution, ordering the preparation of the feasibility study for the Tilsen North Neighborhood Streets. Cit,~ Project 99-05 and moved its adoption: 99-11-113 RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to improve the Tilsen North Neighborhood Streets (Brenwood Curve, Lakewood Drive, Meyer Court, Brenner Avenue, Chippewa Court, Bartelmy Lane) ,Project 99-05 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $5000 are appropriated to prepare this feasibility report. Seconded by Councilmember Allenspach Ayes -all 5. Liquor Licens Fee Increase a. Manager McGuire introduced the staff report. b. City Clerk Guilfoile presented the specifics of the report. 11-22-99 12 Councilmember Carlson moved to increase the fee by 2.3% for the year 2000. Seconded by Councilmember Allenspach Ayes -all L. VISITOR PRESENTATIONS Introduction of Mayor elect Robert Cardinal and Councilmember elect Julie Wasiluk M. COUNCIL PRESENTATIONS 1. Historical Society -Staff research past practice funds for Historical Society 2. Mayor's Mailbox- ceremony for aircraft N. ADMINISTRATIVE PRESENTATIONS NONE O. ADJOURNMENT Councilmember Carlson moved to adjourn the meeting at 8:23 P. M. Seconded by Councilmember Allenspach Ayes -all Karen E. Guilfoile, City Clerk 11-22-99 13