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.
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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
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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
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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
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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