HomeMy WebLinkAbout11-10-1997 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 10,1997
Council Chambers, Municipal Building
Meeting No. 97-21
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 Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Kopppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 97-20 (October 27, 1997)
Councilmember Rossbach moved to approve the minutes of Meeting No. 97-20 (October 27,
1997) as amended:
VISITOR PRESENTATIONS - 2
a. Mr. Juenemann stated the City should enforce the Ordinance regarding removal of
deal elm treet.
c. Council directed staffto prepare a report on the City's removal of dead elm trees.
Seconded by Councilmember Carlson Ayes -all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
Ll Mayor's Update
Seconded by Councilmember Koppen Ayes -all
EA. APPOINTMENTS/PRESENTATIONS
1. EPA -Storm Water Project Award
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the National Award to the Mayor and Council.
F. CONSENT AGENDA:
Councilmember Carlson moved, seconded by Councilmember Koppen; ayes -all, to approve the Consent
Agenda, Items F1 thru F1Q as recommended.
1. Approval of Claims
11-10-97 1
Approved the following claims:
ACCOUNTS PAYABLE: $ 31,770.51 Checks #7265-#7269 Dated 10-17-97 THRU 10-22-97
$ 278,734.55 Checks #34496-#34640 Dated 10-28-97
$ 2,891.43 Checks #7270-#7288 Dated 10-24-97 thru 10-31-97
$ 382,301.87 Checks #34643-#34715 Dated 11-4-97 thru - -97
$ 695,698.36 Total Accounts Payable
PAYROLL: $ 283,299.94 Payroll Checks and Direct Deposits dated 10-31-97
$ 17,084.74 Payroll Deduction Checks #61647-#61866 Dated 10-31-97
$ 300,384.68 Total Payroll
$ 996,083.04 GRAND TOTAL
2. Mississippi River -American Heritage Rivers Resolution
Adopted the following Resolution:
97-11-125
A RESOLUTION OF SUPPORT DESIGNATING THE MISSISSIPPI RIVER
AS AN AMERICAN HERITAGE RIVER
WHEREAS, Maplewood recognizes the Mississippi River as an important asset of
Maplewood, Ramsey County, the Twm Cities Metropolitan area and Minnesota; and
WHEREAS, about 180 acres of southern Maplewood are in the Critical Area of the
Mississippi River drainage area, and
WHEREAS, Maplewood supports projects and activities that would enhance and improvethe
Mississippi River as a commercial, recreational, environmental and historic resource; and
WHEREAS, Maplewood wants to strengthen its partnership with the region and the United
States government in carrying out local river strategies.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council, Ramsey
County, Minnesota, endorses the nomination of the Mississippi River as an American Heritage
River.
3. Interdepartmental Budget Transfer
Approved a $6,500 interdepartmental budget transfer to defray the costs of required emergency
medical training for the remainder of fiscal year 1997.
4. Utility Bill Write-Offs
Approved awrite-off of $2,3 59.98 of delinquent utility billings and credit balances of $2,659.59,
with the net credit amount of $299.61 accounted for in the sewer, water and recycling funds on an
equal basis.
5. Certify Delinquent Bills for North St. Paul
Adopted the following Resolution:
97-11-126
CERTIFICATION OF DELINQUENT WATER BILLS
11-10-97 2
RESOLVED, thatthe City Clerk is hereby authorized and directed to certify to the Auditor of
Ramsey County the attached list of delinquent North St. Paul water charges, said list made apart
herein, for certification against the tax levy of said propperty owners for the year 1997, collectible in
1998, and which listing includes interest at the rate oY~eight percent (8%) on the total amount for
one year:
Ronald L. and Ilene C. Pearson Bryan V. Donnelly
2887 Bartelmy Lane 2922 Chippewa Ave. N.
Maplewood, MN 55109 Maplewood, MN 55109
O 1-29-22-24-0091 O 1-29-22-24-0079
$40.15 $85.21
Mary K. Johnson Grant V. and Nancy L. Johnson
2091 Radatz Ave. E. 2938 Howard Court N.
Maplewood, MN 55109 Maplewood, MN 55109
02-29-22-42-0018 02-29-22-14-0022
$41.20 $48.15
6. Sewer Rates Ordinance - 2nd Reading
Approved second reading of the following Ordinance:
ORDINANCE NO. 784
AMENDING THE MAPLEWOOD CODE RELATING TO SEWER SERVICE CHARGES
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Chapter 28-21 is hereby amended to read as follows:
The following rates and charges are hereby established for all
sanitary sewer services furnished by and in the City:
(1) St. Paul Billing District"
(a) The residential and non-residential rates shall be
$1.49 per 100 cubic feet.
(b) There shall be a minimum of $8.34 quarterly per
sewer service connection.
(2) North St. Paul, Roseville, Little Canada and Woodbury
Billing Districts:
(a) The residential and non-residential rates shall be
$1.99 per 1,000 gallons.
(b) There shall be a minimum of $8.34 quarterly per
sewer service connection.
Section 2. This Ordinance shall take effect and be in force beginning January 1, 1998.
7. Increases in Community Development Department Service Charges
a. Approved the following service charges for 1998:
PLANNING FEES (Set by Ordinance):
Zone Change $ 690
Conditional Use Permit:
Rl and R2 206
Other 733
Conditional Use Permit Revision:
Rl and R2 41
Other 147
Variances:
Rl and R2 135
Other 753
11-10-97 3
Vacations:
Rl and R2 130
Other 505
Lot Divisions (Fee per lot created)
Rl and R2 71
Other 268
Home Occupations:
Initial 150
Renewal 50
Sign Erection Permit 21
Billboard Erection Permit 81
Comprehensive Plan Amendment 1,004
Code Amendment 753
Planned Unit Development 1,111
Preliminary Plat 1,241
Preliminary Plat Revision of Time Extension 196
Final Plat 338
Time Extensions/Renewals 123
Billboard License 316
LICENSES DUE JANUARY 1ST:
Contractor's License 100
Motels:
1 - 15 Units 96
16 - 35 Units 130
36 - 100 Units 239
Over 100 Units 274
Special Food Handling Establishment 79
MISCELLANEOUS SERVICE CHARGES:
Woodlot Alteration Permit 13
Building Relocation 720
Moving Permit 47
Community Design Review Board:
Rl and R2 166
Other 606
Demolition Permit 56
Mobile Home Permit 35
On-Site Sewage Systems 59
Truth-in-Housing Filing Fee 26
Truth-in-Housing Evaluators License 93
PUBLICATIONS (Includes Sales Tax):
Zoning Code 5
Platting Code 2
Sign Code 2
Comprehensive Plan 14
Zoning Map 2
City Map 2
Section Map 2
Planning Commission or Community Design
Review Board:
Minutes -Per Year 100
Agenda Packet -Per Year 100
Property Owner List 58
b. Approved first reading of an Ordinance amending Section 36-26 ofthe Zoning Code, Section
36-258 of the Sign Code and Section 36-258. Fees for 1998.
8. Increases in City Clerk Service Charges
Approved the following 1998 City Clerk Department Service Charges:
Alarm Installation Permit $ 43
Alarm System License:
Commercial 43
Residential N/A
Amusement Park License 298
Auctioneer License 83
Bench Permit:
1st Bench 54
11-10-97 4
Additional Benches 31
Block Party License 29
Carnival License 293
Cat License 17
Catering Food Vehicle License:
1st Vehicle 100
Each Additional Vehicle 67
Fleet 266
Christmas Tree Sales License 177
Cigarette and Tobacco License 45
Com Operated Amusement Device:
Base Fee 175
Per Device 44
Dog Kennels:
New License 65
Renewal License 33
Dog License 17
Food Establishment License 517
Golf Course License 252
Itinerant Food Establishment License 59
Liquor License Investigation Fee 790
3.2 Beer:
Off-Sale License 48
On-Sale License 182
Motor Vehicle Repair License 123
Nonperishable Food Vehicle License:
1st Vehicle 59
Each Additional Vehicle 34
Fleet 136
Pawn Shop/2nd Hand Dealer License 274
Pending Assessment Search 36
Personal Service Business Premise License:
New 556
Renewal 198
Personal Service Worker:
Investigation Fee 103
License 171
Potentially Hazardous Food Vehicle License:
1st Vehicle 140
Each Additional Vehicle 67
Fleet 399
Service Station License:
1st Pump 141
Each Additional Pump 14
Solicitor License:
Base Charge 133
Each Solicitor 46
Swimming Pool License -Commercial:
Indoor 91
Outdoor 91
Combined 123
Tavern License 45
Taxicab License 62
Base Charge 47
Each Driver 21
Temporary Food and Beer License 41
Theater License:
Indoor 179
Outdoor 437
Trailer Rental License:
1st Five Trailers 34
Each Additional Trailer 12
Used Car Dealer License 254
9. Increase in Miscellaneous Service Charges
11-10-97 5
Approved the following General Service Charges for 1998:
Dog/Cat Impound Fee $ 29
False Alarm Charge 25-100*
Liquor License -Temporary On-Sale -Per Day 156
Occupancy Permit 12
Police Accident Report Copies 10
Tax-Exempt Mortgage Revenue Financing -
Commercial:
Amount Paid with Application (Non-Refundable) 2,850
Base Charge of Bond Issue) 1
Maximum (m addition to application fee) 28,600***
Tax-Exempt Mortgage Revenue Financing -
Residential (Multiple-Family Dwellings):
Amount paid with appplication (non-refundable) 2,850
Base Charge (1%oY~Bond Issue) 1%
Maximum (in addition to application fee) 28,600***
Tax Increment Financing: Application Fee -
(Non-refundable) 5,600
Temporary Gambling Permit -Per Day 50**
* Set by Ordinance adopted 8-28-95
Set by Ordinance adopted 9-10-90
Set by Council on 9-23-96
10. Budget Transfer -Finance Department
Authorized a budget transfer of $3,000 from the General Fund Contingency Account to finance
bank service charges for 1997.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:09 P.M.): Hazel Ridge Project Refunding Bonds
a. Mayor Bastian convened the meeting for a public hearing regarding Multifamily Housing
Revenue Bonds.
b. Manager McGuire introduced the staff report.
c. Director of Finance Faust presented the specifics of the report.
d. City Attorney Kelly explained the procedure for public hearings.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Mary Ippel, Briggs & Morgan
f. Mayor Bastian closed the public hearing.
g. Mayor Bastian introduced the following Resolution and moved its adoption:
97-11-127
RESOLUTION AUTHORIZING THE ISSUANCE OF $3,490,000 MULTIFAMILY HOUSINGREVENUE
REFUNDING BONDS (WALKER AT HAZEL RIDGE PROJECT), SERIES 1997A
AND
$440,000 SUBORDINATE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS
ALKER AT HAZEL RIDGE PROJECT ,SERIES 1997B
AND AU HORIZING THE EXECUTION OF NE ESSARY DOCUMENTS
WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City of
Maplewood, Minnesota (the "City") is authorized to issue revenue bonds for the purpose of financing and
refinancing a multifamily housing development; and
11-10-97 6
WHEREAS, pursuant to an Indenture of Trust dated as of December 1, 1985 between the City and First
Trust Company of Saint Paul (the "Prior Trustee"), the City issued its Rental Housing Revenue Bonds, Series
1985 (Hazel Ridge Apartments Project) (the "Prior Bonds") in the aggregate principal amountof$4,395,000,
and, pursuant to a First Supplemental Indenture of Trust dated as of May 1, 1986 and a Second
Supplemental Indenture of Trust dated as of August 1, 1986, both between the City and the Prior Trustee, the
City used the proceeds ofthe Prior Bonds to provide for the financing ofthe Project hereinafter described; and
WHEREAS, the City has received from Walker Senior Housing Corporation IV, a Minnesotanonprofit
corporation (the "Company"), a proposal that the City refinance the Project hereinafter described that was
originally financed by the Prior Bonds, through the issuance ofrefunding revenue bonds or obligations intwo
or more series (collectively, the "Bonds") pursuant to the Act; and
WHEREAS, the Project to be refinanced by the Bonds is a 75-unit multi-family rental housingfacility
located at 2730 Hazelwood Street in the City known as "Walker at Hazel Ridge" (the "Project"); and
WHEREAS, the City proposes to refinance the Project by the issuance of its $3,490,000 Multifamily
Housing Revenue Bonds (GNMA Collateralized Mortgage Loan/Walker at Hazel Ridge Project) Series
1997A and its $440,000 Subordinate Multifamily Housing Revenue Refunding Bonds Walker at Hazel
Ridge Project), Series 1997B (the Series 1997A Bonds and the Series 1997B Bonds are co lectively refer-ed
to as the "Bonds") under the Act pursuant to this Resolution; and
WHEREAS, the Series 1997A Bonds will be issued under an Indenture of Trust (the "Indenture"),dated
as of November 1, 1997 between the City and First Trust National Association (the "'Trustee"), and will be
secured by a GNMA Mortgage-Banked Security (the "GNMA Security") issued by Glaser Financial Group,
Inc. (the "Lender"), and guaranteed as to timely payment of principal and interest by the Government
National Mortgage Association and by a pledge and assignment of certain other revenues, all in accordance
with the terms ofthe Indenture of Trust; and the Series 1997B Bonds will be issued under and secured byy the
Indenture on a subordinate basis to the Series 1997A Bonds, payable on such subordinate basis from apledge
and assignment of certain Project revenues set forth under the Indenture, all in accordance with the terms of
the Indenture; and the Bonds and the interest on the Bonds shall be payable solely from the revenues pledged
therefor and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or
statutory limitation, nor shall the Bonds constitute nor give rise to a pecuniary liability ofthe City or acharge
against the credit or taxing powers and shall not constitute a charge, lien or encumbrance, legal or equitable,
upon any property of the City other than the City's interest in the Project; and
WHEREAS, the GNMA Security securing the Series 1997A Bonds will be backed by a mortgage loan
insured by the Federal Housing Administration (the "Mortgage Loan") made byy the lender to the Company;
and the Series 1997B Bonds will not be secured by the GNMA Security but by a subordinate pledge and
assignment of certain Project revenues as set forth under the Indenture; and
WHEREAS, the City conducted a public hearing on the proposal ofthe Company thatthe Cityrefmance
the Project by the issuance of the Bonds, at 7:00 P.M. on November 10, 1997, at which hearing all persons
who appeared or submitted comments were given an opportunity to express their views with respect to the
Project and the Bonds;
NOW, THEREFORE, BE IT RESOLVED bythe City Council ofthe City of Maplewood, Minnesota,
as follows:
1. Proposal. For the purpose of refunding the Prior Bonds attributable to the Project, and
thereby refinancing the Pro ect, the issuance, sale and delivery of the Bonds is hereby
authorized. The proceeds o~the bonds together with other funds provided by the Company,
shall be applied to redemption of the outstanding Prior Bonds. The Bonds shall be in such
series, principal amounts, shall bear interest at rates, shall be numbered, shall be dated, shall
mature, shall be subject to redemption prior to maturity, and shall be in such form and have
such other details and provisions as maybe prescribed in the Indenture, substantially in the
form now on file with the City. The Series 1997A Bonds shall be special obligations ofthe
City payable solely from the revenues provided by the GNMA Security and other funds
pledged pursuant to the Indenture. The Series 1997B Bonds shall be special obligations of
the City payable solely from the revenues pledged and assigned on a subordinate basis
pursuant to the Indenture. The Bonds are not to be payable from nor charged upon any funds
of the City other than the revenues pledged to their payment, nor is the City subject to any
liability thereon; no holders ofthe Bonds shall ever have the right to compel any exercise of
the taxing power of the City to pay any ofthe principal of, premmm, if any, or interest on the
Bonds; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon
any property of the City, and each Bonds shall recite that the Bonds, including interest
thereon, are payable solely from the revenues pledged to the payment thereof and that no
Bonds shall constitute a debt ofthe City within the meaning of any constitutional or statutory
limitation. The Bonds shall contain a recital thatthey are issued pursuantto the Act and such
11-10-97 7
recital shall be conclusive evidence of the validity and regularity of the issuance thereof.
2. Terms of Bonds. The Series 1997A Bonds will bear interest at the rates set forth in the
Indenture, not to exceed 6.00% per annum, and will be in the principal amounts and will
mature and be subject to redemption, all as set forth in the Indenture. The Series 1997B
Bonds will bear interest atthe rate setforth in the Indenture, notto exceed 9.00%per annum,
and will mature and be subject as setforth in the Indenture. Pursuantto a Series 1997ALoan
Agreement and a Series 1997B Subordinate Loan Agreement, each to be dated as of
November 1, 1997 (collectively, the "Loan Agreement"), the City will loan the proceeds of
the Bonds to the Company to refinance the Project. The payments to be made by the
Company under the Loan Agreement are fixed so as to produce revenue sufficientto pa the
principal of, premium, if any, and interest on the Bonds when due. It is further proposed that
the City assign certain rights under the Loan Agreement to the Trustee as security for
payment ofthe Bonds under the Indenture. A Regulatory Agreement dated as ofNovember
1, 1997 (the "Regulatory Agreement") will be entered into, by and among the City, the
Trustee and the Company. A Bond Purchase Agreement (the "Bond Purchase Agreement")
will be entered into by and among the City, the Trustee, the Company and Piper Jaffray Inc.
(the "Purchaser").
3. Forms of Documents Submitted. Pursuantto the preliminary approval ofthis Board, fom~s of
the following documents have been submitted to the Board for approval;
a) the Loan Agreement;
b) the Indenture;
c) the Bond Purchase Agreement; and
d) the Regulatory Agreement.
4. Findings. It is hereby found, determined and declared that:
a) the Project furthers the policies of the Act;
b) the Project promotes the public welfare by providing necessary housingfacilities,
so that adequate housing facilities are available to residents of the State of
Minnesota at a reasonable cost;
c) the Act authorizes the acquisition, construction and installation ofthe facilities and
equipment to be refinanced by the Bonds, the issuance and sale ofthe Bonds, the
execution and delivery by the City of the Loan Agreement, Indenture and Bond
Purchase Agreement (collectively the "Bond Documents"), the performance of all
covenants and agreements of the City contained in the Bond Documents, and the
performance of all other acts and things required under the constitution and laws of
the State of Minnesotato make the Bond Documents and Bonds valid and binding
obligations of the City in accordance with their terms;
d) it is desirable that the Bonds be issued by the City upon the terms set forth in the
Indenture;
e) the pa menu under the Loan Agreement are fixed to produce revenue sufficientto
provide for the prompt payment of principal of, premium, if any, and interest on
the Bonds issued under the Indenture when due, and the Loan Agreement and
Indenture also provide that the Comppanyy is required to pay all expenses of the
operation and maintenance of the Y~acilities to be refinanced by the Bonds,
including, but without limitation, adequate insurance thereon and insurance
against all liability for in ury to persons or property arising from the operation
thereof, and any taxes an~ special assessments levied uppon or with respect to the
premises of said facilities and payable duringthe term oY~the Loan Agreement and
Indenture;
f) as provided in the Loan Agreement and Indenture, the Bonds are not to be payable
from or charged upon any funds other than the revenue pledged to the payment
thereof; the City is not sub~ectto any liabilityy thereon; no holder of any Bond shall
ever have the right to compel any exercise by the City of its taxing powers to pay
any ofthe Bonds or the interest or premium thereon, or to enforce paymentthereof
against any property of the City except the interests of the City m the Loan
Agreement which have been assigned to the Bond Trustee under the Indenture; the
Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon
11-10-97 8
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 do not constitute or give rise to a pecuniary liability or moral
obligation of the City, the State of Minnesota or any of its political subdivisions,
and thatthe Bonds, including interestthereon, are payable solely fromthe revenues
pledged to the payment thereof; and the Bonds shall not constitute a debt of the
City within the meaning of any constitutional or statutory limitation.
5. Approval of Forms; Execution. Subject to the approval of the City Attorney, and the
provisions of paragraph 9 hereof, the forms ofthe Bond Documents and exhibits thereto and
all other documents listed in paragraph 3 hereof are approved substantially in the form
submitted. Subject to the provisions of paragraph 9 hereof, the Bond Documents, in
substantially the forms submitted, are directed to be executed in the name and on behalfofthe
City by the Mayor and Clerk or Manager. Subject to the provisions of paragraph 9 hereof,
the Bonds are to be executed in the name of and on behalf ofthe City by the Mayor and Clerk
or Manager, and are to be delivered to the Trustee for authentication and delivery to the
Purchaser. Any other City documents and certificates necessary to the transaction described
above may be executed by the appropriate City officers. 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.
6. Official Statement. The City hereby consents to the preparation and distribution ofthe Series
1997A Preliminary Official Statement dated October 24, 1997, and the Series 1997B
Preliminary Official Statement dated November 6, 1997, and the respective final Official
Statements (collectively, the "Official Statement:) to the Purchaser. The City has reliedupon
the Company and the Purchaser and legal counsel retained by them to assure the accuracy
and completeness ofthe information set North in the Official Statement and therefore the City
has not participated, and will not participate significantly, in the preparation ofthe Official
Statement. The City has not made, and will not make, any independent investigation ofthe
information contained therein, except under the headings "THE CITY" or "THE ISSUER",
and it assumes no responsibility for the accuracy or completeness of such information. The
drafts of the Preliminary Official Statements on file with the City as of the date hereof are
hereby designated as a "near final" Official Statement for purposes of Rule 15c212 of the
Securities Exchange Commission.
7. Issuance. The City shall proceed forthwith to issue the Bonds, in the form and upon theterms
set forth in the Indenture and this Resolution. The Bonds shall be issued in a principal
amount, shall be payable or prepayable at such time or times, shall bear interest at such rates
and shall be sub'ectto such otherterms and conditions as setforth inthe Indenture. The City
officers are authorized and directed to execute and deliver the Bonds as prescribed in the
Indenture.
8. Records and Certificates. The Mayor, Clerk, Manager and other officers of the City are
authorized and directed to prepare and furnish to the Purchaser certified copies of all
proceedings and records of the City relating to the Bonds, and such other affidavits and
certificates as may be required to show the facts relating to the legality ofthe Bonds as such
facts appear from the books and records in the officers' custody and control or as otherwise
known to them; and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall constitute representations of the City as to the truth of all
statements contained therein.
9. Changes in Forms Approved; Absent and Disabled Officers. The approval hereby given to
the various documents referred to above includes ap royal of such additional details therein
as may be necessary and appropriate and such modifications thereof, deletions therefrom and
additions thereto as may be necessary and appropriate and approved by counsel to the City,
the appropriate City staffperson or by the officers authorized herein to execute or accept, as
the case maybe, said documents prior to their execution; and said officers or staffmembers
are hereby authorized to approve said changes on behalf of the City. The execution of any
instrument by the apppropriate officer or officers of the City herein authorized shall be
conclusive evidence of~the approval of such document in accordance with the terms hereof.
In the event of absence or disability of the officers, any ofthe documents authorized by this
Resolution to be executed maybe executed without further act or authorization of the City
Council by any member ofthe City Council or any duly designated acting official, or by such
other officer or officers of the City as, in the opinion of the City Attorney, may act in their
behalf.
10. Indemnification b Com an . It is understood and agreed thatthe Company shall indemnify
the City against a l liabi rties, losses, damages, costs and expenses (including attorney's fees
11-10-97 9
and expenses incurred by the City) arising with respect to the Project or the Bonds, as
provided for and agreed to by and between the Company and the City in the Loan Agreement
11. Headings; Terms. Paragraph headings in this Resolution are for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision
hereof. Capitalized terms used but not defined herein shall have the meanings given them in
the Indenture or Loan Agreement.
Seconded by Councilmember Carlson Ayes - all
IT BEING TOO EARLY FOR THE 7:15 P.M. PUBLIC HEARING, COUNCIL AGREED TO
CONSIDER ITEM H.1, BID AWARD FOR MAPLEWOOD-IN-MOTION.
H. AWARD OF BIDS
1. Maplewood in Motion
a. Manager McGuire introduced the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the report.
c. Councilmember Koppen moved to rejectthe bids as received from Shakopee Valley Printing and IDM.
Seconded by Councilmember Carlson Ayes - all
d. Councilmember Koppen moved to re-bid printing cost for the 1998 issues ofMaplewood-in-
Motion for the 1998 calendar year.
Seconded by Councilmember Rossbach Ayes - all
G. PUBLIC HEARINGS (Continued)
2. 7:15 P.M. (7:16 P.M.): Utility Easement Vacation (1866 East Shore Drive)
a. Mayor Bastian convened the meeting for a public hearing regarding vacation of a storm
sewer easement at 1866 East Shore Drive.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Paul Koreen, owner, 1866 East Shore Drive
e. Mayor Bastian closed the public hearing.
f. Councilmember Carlson introduced the following Resolution and moved its adoption:
11-10-97 10
97-11-128
VACATION -STORM SEWER EASEMENT
WHEREAS, Mr. Paul Koreen applied for the vacation of the following-described utility
easement:
The storm sewer easement over the west 10 feet except the north 100 feet of
the following property:
Except the north 780 feet; the east 100 feet of the west 160.97 feet of part
northerly of East Shore Drive of the east 12.8 acres of government lot 2
(subjectto drainage easement in document number .2850545) of Section 16,
ownship 29, Range 22, in the City of Maplewood, Minnesota.
WHEREAS, the history of this vacation is as follows:
1. On October 20, 1997, the Planning Commission recommended that the City
Council approve this vacation.
2. On November 10, 1997, 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 atthe 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 propertywill gotothe
following abutting property:
Except the north 780 feet; the east 100 feet of the west 160.97 feet of part
north of East Shore Drive ofthe east 12.8 acres of government lot 2 (subject
to drainage easement in document number .2850545) of Section 16,
Township 29, Range 22, in the City of Maplewood, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
describedvacations for the following reasons:
L It is in the public interest.
2. The City and the adjacent property owners have no plans to build utilities in this
location.
3. The adjacent property has access to utilities.
Seconded by Councilmember Koppen Ayes - all
IT BEING TOO EARLY FOR THE 7:30 P.M. PUBLIC HEARING, COUNCIL AGREED TO
CONSIDER UNFINISHED BUSINESS ITEMS Ll, LIQUOR LICENSE FEE INCREASEAND L2,
ROOF TOP SCREENING
11-10-97 11
I. UNFINISHED BUSINESS
1. Liquor License Fee Increase
a. Manager McGuire introduced the staff report.
b. City Clerk Guilfoile presented the specifics of the report.
a Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one
appeared.
d. Councilmember Carlson moved to approve the following changes to the liquor license fee
schedule:
a. increase the liquor license fee by 3% ($170) for 1998;
b. cost of living increases for the neat three years (1999 to 2001) with a
5% maximum and a 2% minimum
c. license fee payable in two parts: First payment due on January 1 of a
given year and 2nd payment due on June 15 of the year;
d. ro-ratin new li uor license fees on asemi-annual basis
and directed sta to revise the current amblin ordinance to include Cadillac Dinners
and to research the possibility of allowing Luc y Buck tickets.
Seconded by Councilmember Allenspach Ayes - all
2. Roof Top Screening Ordinance Revision (Second Reading)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
c. Councilmember Carlson introduced the following Ordinance for second reading andmoved its adoption:
ORDINANCE NO. 785
REVISING THE ROOF-TOP EQUIPMENT SCREENING REQUIREMENTS
THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING ORDINANCE:
Section 1. This section changes Section 36-27(b)(3), Landscaping and Screening, as follows:
(b) Screening shall be provided where:
(3) Roof-top equipment would be visible from a residential lot line. Roof-top equipment is
defined as mechanical equipment, vents, exhaust hoods, stacks and similar items on top of a
building. Roof-top equipment shall not include chimneys, plastic plumbing vents and
antennas. The city shall not require screening for single dwellings, double dwellings, mobile
homes or equipment for individual town house units.
The Community Design Review Board may waive the screening requirement for
mechanical equipment ifthey determine that screening would not improve abuilding=s
appearance or protect property values. The Community Design Review Board may
require screening on all sides ofroof--top equipment ifthe premises abuts a residential lot
line, not just the side facing the residential lot line. The review board may also require
modification of architectural plans for taller parapets or modified roof designsto conceal
roof-top equipment no matter where the building is located. The Community Design
Review Board may also require screening if needed for sound reduction around the
equipment.
In all instances, roof-top equipment that is visible from any public street or adjoining
11-10-97 12
property shall be painted to match the building. Screening, when required, shall be
compatible with the materials and design ofthe building and subject to staffor Design
Review Board approval.
Section 2. This Ordinance shall take effect after its approval and publication.
Seconded by Councilmember Koppen Ayes - all
K. VISITOR PRESENTATION
1. Royal Rangers Troop
a. In order to receive a Citizenship Award, the Troop attended the Council meeting, and also
visited City Hall and Police Departments.
b. Troop members included:
Rich Koster, Sectional Commander, 2889 Mary Lane, Maplewood
Kevin Arndt, 2761 Griggs, Roseville
Ryan, 1812 Point Douglas Road, St. Paul
Peter
Ryan Koster, 2889 Mary Lane, Maplewood
John Best, 2580 Imperial Ave. N, Lake Elmo
JeffGipple, 2430 Barclay St., Maplewood
Nate Rinehart, 3693 Arcade St., Vadnais Hei is
Jim Rinehart, 3693 Arcade St., Vadnais Hei is
G. PUBLIC HEARINGS (Continued)
3. 7:30 P.M. (7:30 P.M.): Freedom Convenience Center (Beam Avenue and Hazelwood Street)
Conditional Use Permit
Design Approval
a. Mayor Bastian convened the meeting for a public hearing regarding a request for a
conditional use permit for a fuel station, convenience store, bank and car wash m property
zoned M-1 (light manufacturing).
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Boardmember Matt Ledvina presented the Community Design Review Board report.
f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Paul Strother, Clots, O'Brien, Strother Architects
7520 Market Place Drive, Eden Prairie
Dave Erickson, 16744 South 4th Street, Lakeland, the applicant
Dave Erickson. (second appearance)
g. Mayor Bastian closed the public hearing.
Conditional Use Permit
h. Mayor Bastian introduced the following Resolution and moved its adoption:
11-10-97 13
97-11-129
CONDITIONAL USE PERMIT -FUEL STATION AND CAR WASH WITH A CONVENIENCE STORE
AND A BANK
WHEREAS, David Erickson of Erickson Oil Products, applied for a conditional use permitto operate a
motor fuel station, convenience store, bank and car wash on property zoned M-1 (light manufacturing).
WHEREAS, this permit applies to a 1.61-acre site on the northwest corner of Beam Avenue and
Hazelwood Street. The legal description is:
The south 304.67 feet ofthe east 372.83 feet ofthe Southeast Quarter ofthe Northwest
Quarter of Section 3, Township 29 North, Range 22 West, City of Maplewood, Ramsey
County, Minnesota. This parcel is subject to the right-of--way of Beam Avenue and
Hazelwood Street and other easements of record.
WHEREAS, the history of this conditional use permit is as follows:
1. On October 20, 1997, the Planning Commission recommended thatthe City Council approve
this permit.
2. The City Council held a public hearing on November 10, 1997. The City staffpublished a
notice m the paper and sent notices to the surrounding property owners as required by law.
The Council gave everpone 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 confomuty
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 nuisanceto
any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or
air pollution, 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 September 22, 1997. The
Director of Community Development may approve minor changes.
2. The proposed construction must be started or the proposed use utilized within one year of
Council approval or the permit shall become null and void. The Council may extend this
deadline for one year.
11-10-97 14
3. The City Council shall review this permit in one year.
4. External speakers shall not exceed the noise standards set by the Minnesota Pollution Control
Agency (Code requirement).
5. The building official shall not issue a building permit for the proposed development until the
City approves a lot division creating this site and the applicant records the new deed with
Ramsey County. Conditions of this lot split shall include the following:
a. Dedication of additional right-of--way for the north one-half of Beam Avenue.
b. Dedication of cross easements between the Erickson site and adjacent properties
because of the proposed shared-access drives.
Seconded by Councilmember Koppen Ayes - all
Design Approval
h. Mayor Bastian moved to a rove the lans and buildin elevations date-stain ed October 8
1997 for the ro osed Eric son Freedom Center. This develo ment includes a motor fuel
station convenience store with Blim ies Restaurant car was and drive-u bank on the
northwest corner of Beam Avenue an Hazelwood Street. The cit bases this a royal onthe
findings required by the code. The owner or contractor shall dot e following:
1. Repeat this review in two years if the City has not issued a building permit
for this project.
2. Before getting a building permit, the applicant or contractor shall:
a. Dedicate additional right-of--way for the north one-half of Beam
Avenue.
b. Revise the plans as follows for staff approval:
1) Substitute seven of the Colorado Spruce trees with another
coniferous species,in addition, Council directs developer to
work with staff in developing a planting plan that allows
greater visibility at incress and egress points.
2) Show 10-foot-wide customer parking spaces and handicap-
pparking spaoesthat are eightfeet wide with an adjaoenteight-
Y~oot-wide loading space.
3) Show afive-foot-wide concrete sidewalk along Hazelwood
Street from the dropped curb at Beam Avenue to the north
line of the site. The contractor shall install the sidewalk to
match the driveway grades.
c. Submit the following for staff approval:
1) Grading, sidewalk, drainage, utility and erosion controlplans
to the city engineer for approval.
2) Plans for the design of the trash enclosure.
3 Plans for screening the rooftop equipment.
4 Alighting plan for the site. All lighting shall be screened or
directed to comply with City code.
d. Dedicate and record cross easements for access between this site andthe
abutting properties.
3. The applicant or contractor shall complete the following before occupying the
building:
a. Restore and sod damaged boulevards.
b. Install reflectorized stop signs at all exits, a handicap parking sign for
each handicap parking space and an address on the building.
c. Post a Ano left turns sign at the southerly curb cut, aone-way
directional arrow in the median in Beam Avenue and directional signs
for one-way traffic areas on the site.
d. Provide continuous concrete curb and gutter on both sides of the
driveways and around all sides of the parking lot.
e. Paint all rooftop mechanical equipment to match the color ofthe upper
part of the building. Screen all roof-mounted equipment visible from
11-10-97 15
streets and adjacent property. (code requirement)
f. Construct a trash dumpster enclosure. The enclosure must match the
building materials and color and have a closeable gate that extends to
the ground.
g. Install and maintain an in-ground lawn irrigation system for all
landscaped areas. (code requirement)
h. Post Ano parking signs along the front of the building.
i. Stripe all customer parking spaces at a width of ten feet, except the
handicap spaces. The handicap parking spaces must meet ADA
(American with Disabilities Act) standards.
j. Post the nine-foot-wide parking spaces on the west side ofthe building
for employee-only parking.
k. Install afive-foot-wide concrete sidewalk along Hazelwood Streetfrom
the curb drop at Beam Avenue to the north line of the site. The
contractor shall install the sidewalk to match the driveway grades.
4. This approval does not include the future drive-u island for the bank on the west side of
the building. City staffwill review this additional island later ifthe owner or developer
proposes it.
5. If any required work is not done, the City may allow temporary occupancy if:
a. The City determines that the work is not essential to the public health,
safety or welfare.
b. The City receives a cash escrow or an irrevocable letter ofcreditforthe
required work. The amount shall be 200 percent of the cost of the
unt"finished work. Any unfinished landscaping shall be completed by
June 1 ifthe building is occupied in the winter or within six weeks ifthe
building is occupied in the springg and summer.
c. The City receives an agreementthat will allow the City to complete any
unfinished work.
6. This approval does not include the signs. City staff will review signage through
the sign permit process.
7. All work shall follow the approved plans. The Director of Community
Development may approve minor changes.
Seconded by Councilmember Koppen Ayes - all
H. AWARD OF BIDS
1. Maplewood in Motion
HEARD BEFORE G-2
I. UNFINISHED BUSINESS
1. Liquor License Fee Increase
HEARD BEFORE G-3
2. Roof Top Screening Ordinance Revision (Second Reading)
HEARD BEFORE G-3
J. NEW BUSINESS
11-10-97 16
1. Recycling for Dollars Program
a. Manager McGuire introduced the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter.
The following person was heard:
Michael Hinz, Gopher Disposal
a Mayor Bastian moved to acceptthe proposed "RECYCLING FOR DOLLARS" program as
presented.
Seconded by Councilmember Allenspach Ayes - all
2. Storm Sewer Update
a. Director of Public Works Haider presented the specifics of the report.
DISCUSSION ONLY NO ACTION REQUIRED
3. Design Changes -Saint John's Hospital (1565 Beam Avenue)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
c. Boardmember Ledvina presented the Community Design Review Board report.
d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter.
The following person was heard:
Tony Thomas, System Director of Construction
HealthEast, Inc., 1575 Beam Ave.
e. Councilmember Rossbach moved approval ofthe plans date-stamped October 17, 1997 for
the Medical Specialty Center at St. John's Hospital to be a stand-alone building and not an
attached wing of the Hospital.
Seconded by Councilmember Koppen Ayes - all
4. Gervais Ave., Project 96-02: Change Order No. 1
a. Councilmember Carlson introduced the following Resolution and moved its adoption:
97-11-130
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 96-02, Gervais Avenue Landscape Improvements and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedientthat said contract be modified and designated
as Improvement Project 96-02 Change Order 1.
11-10-97 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILOF MAPLEWOOD,
MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the
existing contract by executing said Change Order 1 in the amount of $3,804.00. The revised
contract amount is $23,474.50.
The Finance Director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. The project budget is increased by $3,804.00.
Seconded by Councilmember Koppen Ayes - all
5. Beam/Kennard Signal System -Agreement 97018
a. Manager McGuire introduced the staff report.
b. Councilmember Carlson moved to authorize execution of Agreement97018 between Ramsey
County and the City of Maplewood for the maintenance and construction of traffic control
signals and EVP system at Beam Avenue and Kennard Street.
Seconded by Councilmember Koppen Ayes - all
6. Arcade Street Bridge
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
a Councilmember Carlson moved to direct staffto solicit applicants from the neighborhood to serve on an
evaluation committee for the Arcade Street bridge over t e channel at Spoon Lake.
Seconded by Councilmember Koppen Ayes - all
7. Code Change -Maintenance Garages and Fuel Stations Hours of Operation (Second Reading)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
a Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one
appeared.
d. Councilmember Carlson introducedthe following ordinance for secondreadingandmovedits
adoption:
ORDINANCE NO. 786
AMENDING SECTION 36-151 PERTAINING TO HOURS OF OPERATION
OF MAINTENANCE GARAGES AND MOTOR FUEL STATIONS
The Maplewood City Council hereby ordains as follows:
Section 1. Sec.3 6-151(b)(9)(j). Hours of operation are amended as follows:
j. No motor fuel station or maintenance garage within three hundred fifty (350) feet of a
residential lot line shall be open to the public between the hours of 11:00 P.M. and 6:00
A.M. The City Council may allow or require different hours of operation as part of the
approval process of a conditional use pennitfor maintenance garages and motor fuel stations.
Section 2. This Ordinance shall take effect upon its passage and publication.
11-10-97 18
Seconded by Councilmember Allenspach Ayes - all
8. Hillside Park Acquisition
a. Manager McGuire introduced the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the report.
a Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one
appeared.
d. Councilmember Carlson moved to directthe Cit Attorne to draftthe a ro riate documents
to ac uire the ro ert identified as Outlot B Oak Rid e Estates Secon A dition at a cost
of 75,000, with the monies to be allocated from the Park Dedication Fund.
Seconded by Councilmember Rossbach Ayes - all
9. Relief Association By-Laws
a. Manager McGuire introduced the staff report.
b. Fire Chief Hewitt presented the specifics of the report.
a Mayor Bastian asked if anyone wished to speak before the Council regardingthis matter. Thefollowing
person was heard:
Dan Burns. Secretary of Maplewood Fire Relief Association
d. Mayor Bastian moved to approve the revised Maplewood Firefighters Relief Associationby-
laws.
Seconded by Councilmember Carlson Ayes - all
K. VISITOR PRESENTATIONS
RANGER TROOP INTRODUCED PRIOR TO ITEM G-3
NO ADDITIONAL VISITORS APPEARED
L. COUNCIL PRESENTATIONS
1. Mayor's Update
a. Mayor Bastian announced he has been offered an appointment as a judge in the 2nd Judicial
District.
b. City Attorney Kelly presented details of the process for filling the Mayor's vacancy.
M. ADMINISTRATIVE PRESENTATIONS
11-10-97 19
NONE
N. ADJOURNMENT
8:50 P.M.
Karen Guilfoile, City Clerk
11-10-97 20