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HomeMy WebLinkAbout05-14-90 MINUTES OF MAPLEWOOD CZTY COUNCIL 7:00 P.M., Monday, May 14, 1990 and 4:30 P.M., Thursday, May 17, 1990 Council chambers, Municipal Building Meeting No. 90-10 A. CALL TO ORDER A regular meeting of the City Council of the City of Maplewood was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M., by - Mayor Anderson. B. ROLL CALL - Norman G. Anderson, Mayor Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present - George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 90-7 (April 9, 1990) Covncilmember Zappa moved to approve the Minutes of Meeting No. 90-7 (April 9, 19901 as submitted. Seconded by Mayor Anderson. Ayes - all. 2. Minutes of Special Meeting on April 12, 1990 Councilmember Zappa moved to approve the Minutes of Special Meetina on April 12. 1990. Seconded by Mayor Anderson. Ayes - all. 3. Minutes of Meeting No. 90-8 (April 23, 1990) Councilmember Zappa moved to approve the Minutes of Meeting No. 90-8 LApril 23, 1990) as corrected: Page 17, Item i-5 b Ayes - Zappa, not Rossbach Seconded by Councilmember Rossbach. Ayes - all. 4. Minutes of Special Meeting on April 23, 1990 Councilmember Zappa moved to approve the Minutes of Special Meeting on April 23, 1990 as submitted. I _ 1 5-14-90 Seconded by Mayor Anderson. Ayes - all. 5. Minutes of Meeting No. 90-9 (May 3, 1990) Councilmember Zappa moved to approve the Minutes of Meeting No. 90-9 (Mav 3. 1990) as submitted. D. APPROVAL OF AGENDA Mayor Anderson moved to approve the Acenda as amended: 1. Tax Exempt Financing - Item i-14 2. Resolution Commending Two Police Officers - Item I-15 3. Holloway Avenue 4. Storm Sewer Financing 5. Ferndale Parking 6. 735 E. County Road B 7. Keller Parkway 8. White Bear Avenue Parade 9. Skateboarding/Roller Blading 10. Ballfields - School District Seconded by Councilmember Juker. Ayes - Mayor Anderson, Councilmembers Juker, Rossbach and Zappa Nay - Councilmember Bastian. CONSENT AGENDA Council removed items E-3 and E-6 to become Items I-16 and I-1-7. Councilmember Zappa moved to table Item E-5 until further information can be obtained. Seconded by Councilmember Bastian. Ayes - Councilmembera Bastian and Zappa. Nays - Mayor Anderson, Councilmembers Juker and Rossbach. Motion defeated. Councilmember Juker moved, Seconded by Mavor Anderson, Aves - all, to approve the Consent Acenda, Items 1, 2, 4, 5 and 7 as submitted. 1. Approval of Claims ACCOUNTS PAYABLE: $ 390,403.31 Checks X5392 - #5744 Dated 04-12-90 thru 04-30-90 2 5-14-9U S 163,060.90 Checks #4235 - #4374 Dated OS-14-90 4 553.464.21 Total Accounts Payable PAYROLL• $ 181,271.37 Payroll Checks S 35.571.43 Payroll Deductions $ 216,842.80 Total Payroll $ 770,307.01 GRAND TOTAL - 2. Time Extension: Southwinds Apartment Preliminary Plat Approved aone-year time extension for the Southwinds Apartment Addition preliminary plat, subject to the original conditions of approval for the - final plat. 3. Final Plat: Cave's Woods and Ponds Addition Discussed as item I-16 4. Proposed Settlement - Metro Supervisory Association Approved the Metro Supervisory Association settlement as presented. 5. July Fourth Fireworks Display Approved a budget transfer of $3,300.00 from the Contingency Account to finance the added coat of the July Fourth fireworks display. 6. Budget Transfer - City Clerk's Department Discussed as item I-17 - 7. Disposal of Old Financial Records Resolution No. 90 - 5 - 76 _ WHEREAS, M.S.A. 138.17 governs the destruction of City records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the Finance Director is hereby directed to apply to the Minnesota State Historical Society for an order 3 5-14-90 authorizing destruction of the records as described in the attached list. - 2. That upon approval by theState of the attached application, the Finance Director is hereby authorized and directed to destroy the records listed. EA PRESENTATIONS 1. Mike Hinz, Gopher Disposal a. Mr. Hinz presented Council with a proposal regarding updating his recycling program. He reported that he will be picking up glass, plastic bottles, corrugated cardboard (if requested) and also presented new information on the collection of batteries. b. Councilmember Zappa moved to commend Mr. Hinz for his endeavors to making the recvclina program work and that his proposal be reviewed after 30 days. Seconded by Mayor Anderson. Ayes - all. F. PUBLIC HEARINGS 1. 7:00 P.M., Easement Vacation, 2983 Howard Street (Sauer) a. Mayor Anderson convened the meeting for a public hearing regarding the request of James A. and Kelly R. Sauer to vacate part of the utility easement that is under their house at 2983 Howard Street North. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Gene Rosenbloom, Attorney representing the applicant, spoke on behalf of the proposal. e. Mayor Anderson called for proponents and opponents. None were heard. f. Mayor Anderson closed the public hearing. g. Councilmember Bastian introduced the following resolution and moved its adoptions 90 - 5 - 77 WHEREAS, James A. and Kelly R. Sauer initiated proceedings to vacate the public interest in the following-described property: 4 5-14-90 S 1. 6" of the North 6' of the West 30' of the East 60' of Lot 2, Block 2, Robert Tilsen's Maplewood Heights No. 4, Ramsey County, Minnesota WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said utility easement have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on April 2, 1990. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on May 14, 1990, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persona present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. WHEREAS, upon vacation of the above-described utility easement, public interest in the property will accrue to Lot 2, Block 2, Robert Tilsen's Maplewood Heights No. 4. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it ie in the public interest to grant the above-described vacation on the basis that this easement segment is not needed for utilities. Seconded by Mayor Anderson. Ayes - all. 2. 7:10 P.M., Mark's Nature Haven a. Preliminary Plat b. Rezoning (4 Votes) 1. Mayor Anderson convened the meeting for a public hearing regarding the request of pacesetter Property Management, Inc., for approval of a residential subdivision for 33 single dwelling lots and the City Staff is requesting a rezoning ofthe property from - F-Farm residential to R-1 single dwelling residential. 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the history of this proposal. 4. Mr. Greg Frank, representing the applicant, spoke on behalf of the proposal. 5. Mayor Anderson called for proponents. None were heard. 5 5-14-90 6. Mayor Anderson called for opponents. The following were heard: Ron Sokolik, 2371 Carver Avenue Larry Grand, 2405 Carver Avenue Mrs. Dahlin, 1234 Dorland Road Roger singer, 1250 Dorland Road 7. Mayor Anderson closed the public hearing. 8. Councilmember Bastian moved to table this item until the June _ 11, 1990 Meeting with the directive that if the neighborhood residents and the developer do not resolve their uroblems Council will intervene. Seconded by Councilmember Juker. Ayes - all. 3. 7:20 P.M., Given (Keller Club House) Liquor License a. Mayor Anderson convened the meeting for a public hearing regarding the request of Harry Given, Jr., for an on-sale intoxicating liquor license to be located at Keller club House, 2166 Maplewood Drive. b. Manager McGuire presented the staff report. c. Director of Public Safety Collins stated the investigation reports did not show anything that would prevent Mr. Given from being granted the liquor license. d. Mr. Harry Given, Jr., stated he will be at the location for more than 40 hours per week and that he does not have any interest in any other liquor license or establishment. e. Mayor Anderson called for proponents and opponents. None were heard. f. Mayor Anderson closed the public hearing. g. Councilmember Bastian introduced the following resolution and moved its adoption• 90-5-78 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on May 14th, 1990, an On-Sale Intoxicating Liquor License was approved for Harry S. Given, Jr., dba Keller Club House, 2166 Maplewood Drive, Maplewood, Minnesota 55109. The Council proceeded in this matter as outlined under the provisions of the City Ordinance. Seconded by Councilmember Rosebach. Ayes - all. G. AWARD OF BIDS 6 5-14-90 H. UNFINISHED BUSINESS ~ - None. I. NEW BUSINESS 1. Request From Richard Schreier a. ManagerMCGuire presented the staff report. b. Mr. Richard Schreier requested the condition that the Conditional Use Permit for Chili's restaurant be reviewed after one year be waived as Chili's has canceled their lease if that condition remains. c. Councilmember Bastian moved that the Council waive the condition that the conditional use permit for Chili's be reviewed after one year Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmembers Bastian, Juker and Rossbach. Nay_- Councilmember Zappa. 2. Registered Land Survey: 1325 So. Century Avenue (Swenson) a. Manager McGuire presented the staff report. b. Douglas Swenson, the applicant, explained hie request. c. Councilmember Bastian moved approval of the registered land survey aubiect to the followinc conditiona• 1. A site plan showing the septic systems for Tracts B and C must be submitted to the environmental health officer for his approval. The plan must show from for two systems. The environmental health officer shall determine the information to be shown on this plan. 2. The registered land survey must be recorded within one year of this approval; unless the City Council approves a time extension. Seconded by Councilmember Zappa. Ayes - all. 3. 2272 E. Larpenteur Avenue a. Manager McGuire presented the staff report. b. Director of Community Development Olson explained that Mr. Jeff Cody has requested that instead of putting 4 inch brick to replace the damaged brick on the house that was moved to 2272 E. Larpenteur, he be allowed to put brick sheeting known as Real Brick Facing. 7 5-14-90 c. Mr. Jeff Cody spoke on behalf of his request. d. Mr Don Wiener, 1814 N. McKnight._ROad, expressed his opinion that 4 inch brick is better than brick facing. e. Councilmember Zappa moved to not deviate from the original conditions of when the movinc of the four homes to the Southeast corner of McKnight Road and Larpenteur was approved If this is not completed by July 15 1990, the City shall complete the homes and assess the owners Seconded by Councilmember Roasbach. Ayes - all. 4. Preliminary Plat Revision and Time Extension: Highwood 3rd Addition a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Arnie Esterbrook, representing the developer, explained the proposal. d. Derrick Posse, Ultieg Engineers, spoke on behalf of the proposal. e. Councilmember Roasbach moved to approve a one-year time extension for the Hichwood Third Addition preliminary plat subject to the following revisions to the conditions of approval for final plat approval• 1. Sterling Street must be realigned to the west, as determined by the City engineer, to increase the setback - to the pipeline. The developer may acquire the additional right-of-way and construct the street or wait for the City to build it. The applicant may build a temporary Sterling Street between Valley View Avenue and Schaller Drive. This temporary street shall be used until the beginning of the construction of the permanent Sterling Street section. The temporary street shall be subject to the following conditions: a. The temporary street shall have a 24-foot-wide pavement width completely within the existing 30- foot wide right-of-way. b. The temporary street shall have a 6-inch class 5 base with a 2-inch bituminous wear course, or any alternative acceptable to the Engineer. The temporary street shall have no public utilities. The utilities shall be constructed as part of the permanent Sterling Street public improvement project. c. The three lots which face Sterling Street shall not be platted until the construction of the 8 5-14-94 permanent Sterling Street and the associated utilities. Until the contracts are signed for Sterling Street, no more than 1,000 feet of street and associated lots shall be platted from Valley View Avenue and proposed O'Day Street. The balance of the property may be platted as an outlot or left as unplatted property. 2. Conditions 2 through 12 remain unchanged. 13. Approval of a tree plan by the Director of Community Development. No grading or construction may begin nor will the City give final plat approval until the Director approves this plan. This plan must show the trees over eight inches in diameter that the developer intends to remove or keep.. This plan must also show where the developer will plant replacement trees. 14. The developer shall complete all site grading, unless it will be done with the construction of the streets. Seconded by Mayor Anderson. Ayes - all. 5. Home Occupation 6. Motor Fuel Stations Councilmember Bastian moved to table Items 5 and 6 until a later date Seconded by Councilmember Juker. Ayes - all. 7. Pending Planning Work and Budget Transfers a. Manager McGuire presented the staff report. b. Mayor Anderson moved toa~orove the following• - 1. A budget transfer of $7800 from the Contingency Account to pay for additional work to complete the comprehensive plan. 2. Abudget transfer of $300 from the Contingency Account, to pay for three-ring, looseleaf notebooks for the Comprehensive Plan update. Seconded by Councilmember Bastian. Ayes - all. 8. Purple Looaeatrife Control a. Manager McGuire stated the Ramsey County Weed Inspector is requesting a contribution from the City to help control purple loosestrife. b. Councilmember Bastian moved to deny the request 9 5-14-90 _ _ Seconded by Councilmember Zappa. Ayes - all. 9. Council Policies a. Manager McGuire presented the staff report. b. Mayor Anderson moved to refer this item to the Lecal Staff for clarification and report back to the Council June 11 1990 Seconded by Councilmember Bastian. Ayes - all. 10. Petition - Reduce Speed Limits: McKnight from Larpenteur to Holloway. a. Manager McGuire presented the staff report. b. Mr. Donald Wiener, 1814 McKnight Road, stated he had sent a petition signed by the area residents requesting reduced speed. limit on McKnight Road. c. Councilmember Bastian introduced the following resolution and moved - its ado~tion- 90 - 5 - 79 WHEREAS, reconstruction of McKnight Road from Larpenteur Avenue to Holloway Avenue will soon be complete; and WHEREAS, existing speed limits vary along McKnight Road; and _ WHEREAS, the fronting properties in this area are residential. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA CITY COUNCIL that Ramsey County ie requested to investigate establishing a 30 MPH speed limit on McKnight Road from Larpenteur Avenue to Holloway Avenue. Seconded by Councilmember Zappa. Ayes - all. 11. Falk Kennel License Review a. Manager McGuire stated a request had been received from the area residents to table this until a representative could attend the meeting. b. Michael Perry, 379 Lark, asked to be heard as he had attending this meeting. He stated his opposition to a renewal of the kennel license. c. Councilmember Bastian moved to table this item until the Mav 31 1990 Meetino with the indication that it will be heard at that time Seconded by Councilmember Zappa. Ayes - all. 10 5-14-90 12. City Hall Update a. Director of Public Works Haider updated the Council regarding the progress of the City Hall expansion construction. b. Councilmember Rossbach introduced the following resolution and moved its adoDtion• 90-5-80 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered Project 89-16, City Hall Addition, and has enteredinto a construction contract, and WHEREAS, it is now necessary and expedient that said contract, in the amount of $1,072,155.66 be modified and designated ae Project 89-16 Change order 5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 5 in the amount of $4490 Credit. The city hall addition, Fund 405-000-00047651, is hereby increased $10,510 by a transfer from the general fund contingency account. Seconded by Mayor Anderson. Ayes - all. .ayor Anderson moved to waive the Rules of Procedures and extend the meetin until 11:00 P.M. Seconded by Councilmember Bastian. Ayes - all. 13. Human Resource/Labor Negotiations and Developments. To be discussed in closed session after the Agenda is completed. 14. Tax Exempt Financing _ a. Manager McGuire presentedthe staff report. b. Councilmember Bastian introduced the following resolution and moved its adontion• 90 - 5 - 81 RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTI-FAMILY RENTAL . HOUSING DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE ISSUANCE OF HOUSING REVENUE BONDS, PURSUANT TO MINNESOTA STATUTES, it 5-14-90 CHAPTER 462C, AND AUTHORIZING THE PREPARATION OF A HOUSING PROGRAM (THE MAPLEWOOD TOWNHOMES PROJECT) - WHEREAS, (a) Minnesota Statutes, Chapter 462C (the "Act") confers upon cities, the power to issue revenue bonds to finance a program for the purposes of planning, administering, making or purchasing loans with respect to one or more multi-family housing developments within the boundaries of the City; (b) The City has received from SB Multifamily Fund 11 Limited Partnership (the "Developer") a proposal that the City undertake a program to finance a Project hereinafter described, through the issuance of revenue bonds or obligations (in one or more aeries) (the "Bonds") pursuant to the Act; (c) The City desires to facilitate the development of rental housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the development of housing facilities designed for occupancy by low-to-moderate income persons; and encourage the development of blighted or underutilized land and structures within the boundaries of the City; and the Project will assist the City in achieving these objectives; (d) The Developer is currently engaged in the business of real estate development. The Project to be financed by the Bonds is the acquisition, construction and equipping of an approximately 894,514 square foot multi- family rental housing development of approximately 176 town houses located at the southeast cornerof McKnight Road and Lower Afton Road; in the City of Maplewood, and consists of the construction and equipping of buildings thereon which will result in the provision of additional rental housing opportunities to persons of low-to-moderate income within the community; - (e) The City has been advised by representatives of the Developer that conventional, commercial financing to pay the capital costs of the Project is available only on a limited basis and at such high costa of borrowing that the economic feasibility of operating the project would be significantly reduced, but the Developer has also advised the City that with the aid of municipal financing, and resulting low borrowing costs, the Project is economically more feasible; and (f) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. The City hereby gives preliminary approval to the proposal of the Developer that the City undertake the Project, described above, and the program of financing therefor, pursuant to Minnesota Statutes, Chapter 462C, consisting of 12 5-14-90 the acquisition and construction of multi-family rental housing facilities within the City pursuant to the Developer's specifications and to a revenue agreement between the City and the Developer on such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal and interest on the Bonds in the _ principal and interest on the Bonds in the total principal amount of approximately $10,500,000 to be issued pursuant to the Act to finance the acquisition and construction of the Project; and said agreement may also provide for the entire interest of the Developer therein to be mortgaged to the purchasers of the Bonds, or a trustee for the holder(s) of the Bonds; and the City, acting by and through the City, hereby undertakes preliminarily to issue its bonds in accordance with such terms and conditions. 2. At the option of the City, the financing may be structured so as to take - advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of, the Bonds; provided that any such financing structure must be consented to by the Developer. 3. On thebasis of information available to the City it appears, and the City hereby finds, that the Project constitutes a multi-family housing development - within the meaning of subdivision 5 of Section 46X.02 of the Act; that the availability of the financing under the Act and the willingness of the City to furnish such financing will be a substantial inducement to the Developer to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the provision of additional multi-family rental housing opportunities to residents of low-to-moderate income of the City, and to promote more intensive development and use of land within the City. 4. The Project and the program to finance the Project by the issuance of revenue bonds, is hereby given preliminary approval by the City subject to the approval of the financing program by the City, the Metropolitan Council and the Minnesota Housing Finance Agency ("MHFA"), subject to the City holding a public hearing and again granting preliminary approval after the public hearing and subject to final approval by the City, the Developer .and the purchasers of the Bonds as to ultimate details of the financing of the project. 5. The City Staff is hereby authorized and directed to prepare a housing program for financing the project prepared in accordance with the provisions of Minnesota Statutes, Section 4620.03. 6. The Developer has agreed and it is hereby determined that any and all costa incurred by the City in connection with the financing of the Project whether or not the project is carried to completion and whether or not approved by MHFA will be paid by the Developer. 7. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project and the financing program therefor, to consult with the City Attorney, Developer and purchasers of the Bonds (or trustee for the purchasers of the Bonds) as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the City for final approval. j 13 5-14-90 8.. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize theexpenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this - purpose. The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. Theholder of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City, except such property as may be expressly pledged for the security of the Bonds. The Bonds shall recite in substance that Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 9. In anticipation of the approval by all necessary entities of the housing program and the issuance of the Bonds to finance all or a portion of the Project, and in order that completion of the project will not be unduly delayed when approved, the Developer is hereby authorized to make such costs of the Project to be financed from the proceeds of the Bonds, as the Developer considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Bonds if any when delivered but otherwise without liability on the part of the City. 10. A public hearing on the Project and the Program will be held at the time and place set forth in the Notice of Hearing attached hereto as Exhibit A. The general nature of the Project and an estimate of the principal amount of Bonds to be issued to finance the Project are described in the attached form of Notice of Hearing. The City Clerk shall cause the notice of the hearing to be given one publication in the official newspaper of the City, which is a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing, in substantially the form attached hereto as Exhibit A. 11. The Developer shall enter into various agreements with the City which shall impose the following restrictions on the Developer and the Project: a. Construction must begin within one year of preliminary approval on the Project (May 14, 1991). The City Council may grant a time extension if just cause is shown. b. Contracts entered into with contractors doing work on the Project shall provide that: (i) the contractor shall not discriminate in the hiring or firing of employees on the basis of race, color, creed, religion, national origin, sex, marital status, statue with regard to public assistance, disability or age. (ii) the contractor shall compensate employees with wages and financial remuneration ae provided under the United States Code, 14 5-14-90 - Section 276A, as amended through June 23, 1986, and under Minnesota Statutes 1985, Sections 177.41 - 177.44. (iii) the contractor shall be required to employ Minnesota residents in at least 808 of the jobs created by the project; and, at least 60~ of the group shall be residents of the seven-county metropolitan area. Resident status under both of the above categories shall be determined ae of the date of the Project's preliminary approval by the City Council (May 14, 1990). However, if the contractor can show that these quotas are not feasible because of a shortage of qualified personnel in specific skills, the contractor may request the City Council for a release from the two residency requirements. The requirements shall continue for the duration of the construction project. (iv) the contractor shall be an active participant in a State of Minnesota apprenticeprogram, approved by the Department of Labor and Industry. - (v) All provisions of these tax-exempt finance requirements shall apply to all subcontractors working on the Project. c. A written opinion, with supporting justification from a qualified expert acceptable to the City, shall be submitted with the application requesting tax-exempt mortgage financing to document that: (i) The Project will not adversely increase the vacancy rates of rental multiple dwellings in the City that are existing or have received preliminary City approval over the metropolitan average. (ii) There is reasonable assurance that the Project will be able to comply with the federal, county and City low-to-moderate income requirements over the life of the bond issue. d. The bond indenture for the Bonds shall require: (i) The Developer to periodically certify to the City and trustee, compliance with the federal low-to-moderate income requirement. The frequency of certification shall be determined on a case-by-case basis. _ (ii) The trustee is to inform the City of noncompliance trends with federal low-to-moderate income requirements. e. As a condition of approving the Project, a lump-sum fee at Bond closing or an annual fee over the life of the Bond will be required. The City reserves the right to choose the fee option that will be the most beneficial to the City. This choice will be made when the final resolution for the Project and the Bonds is adopted. Factors to be taken into account will include, but not be limited to: 15 5-14-90 (i) The size of the Bond issue. (ii) UnbudgetedCity funding needs at the time of the request. (iii) The number of requests (iv) Federal arbitrage considerations. f. The formula for each fee option is as follows: (i) Annual fee: (1) Full bond maturity: An annual fee payable oneach anniversary of the Bond issue of not less than one-eighth of one percent of the unpaid balance and one-quarter of one percent of the Bond issue shall be paid at Bond closing, subject to federal arbitrage restrictions. (2) Prepayment of Bonds: The same as the full Bond maturity requirement, except if all of the outstanding Bonds are prepaid prior to final Bond maturity, the developer shall pay, at the time of such prepayment, a lump-sum fee equal to the present value of the remaining annual fee payments, from the date of prepayment to final Bond maturity, subject to federal arbitrage restrictions. (ii) Lump-sum fee: At Bond closing, a lump-sum fee shall be paid that is equivalent to the present value of the annual fee option. The present value must be determined by a qualified expert, acceptable to the City. g. 208 of the Project units shall be occupied by households that have an adjusted gross income of 508 or less of the metropolitan median - income, unless the Developer elects to provide 408 of the Project - units complying with the 608 of median income requirement; and i. 508 of the Project units shall be occupied by households that have an adjusted gross income of not more than 1108 of the metropolitan median income. Seconded by Councilmember Zappa. Ayes - Councilmembers Bastian, Rossbach and Zappa Nays - Mayor Anderson, Councilmember Juker. 15. Resolution - Commending Police Officers a. Manager McGuire presented the staff report. b. Councilmember Bastian introduced the followinc resolution and moved its adoptions 16 5-14-91: (i) The size of the Bond issue. (ii) Unbudgeted City funding needsat the time of the request. (iii) The number of requests (iv) Federal arbitrage considerations. f. The formula for each fee option is as follows: (i) Annual fee: (1) Full bond maturity: An annual fee payable on each anniversary of the Bond issue of not lees than one-eighth of one percent of the unpaid balance and one-quarter of .one percent of the Bond issue shall be paid at Bond closing, subject to federal arbitrage restrictions. - (2) Prepayment of Bonds: The same ae the full Bond maturity requirement, except if all of the outstanding _ Bonds are prepaid prior to final Bond maturity, the developer shall pay, at the time of such prepayment, a lump-sum fee equal to the present value of the remaining annual fee payments, from the date of prepayment to final Bond maturity, subject to federal arbitrage restrictions. (ii) Lump-sum fee: At Bond closing, a lump-sum fee shall be paid that ie equivalent to the present value of the annual fee option. The present value moat be determined by a qualified expert, acceptable to the City. g. 208 of the Project units shall be occupied by households that have an adjusted gross income of 508 or less of the metropolitan median income, unless the Developer elects to provide 408 of the Project unite complying with the 608 of median income requirement; and i. 508 of the Project units shall be occupied by households that have an adjusted gross income of not more than 1108 of the metropolitan median income. Seconded by Councilmember Zappa. Ayes - Councilmembers Bastian, Roasbach and Zappa Nays - Mayor Anderson, Councilmember Joker. 15. Resolution - Commending Police Officers a. Manager McGuire presented the staff report. b. Councilmember Hastian introduced the followinc resolution and moved its adootion• 16 5-14-90 90 - 5 - 82 WHEREAS, on March 30, 1990, Maplewood Police Officer Steven Palma and North St. Paul Police Officer Michael Wolf and other officers pursued an armed suspect to the dead end of 40th Street and I-694 in Oakdale; and WHEREAS, the suspect drove into a yard at this location with Officers Palma and Wolf in pursuit; and WHEREAS, the suspect opened fire on these two officers; and WHEREAS, with disregard for their own safety, Officers Palma and Wolf returned the suspect's fire while attempting to maintain the safety of the resident and her three children; and WHEREAS, even though both officers were wounded in the exchange of gunfire, they maintained their pursuit of the suspect until relieved by other responding officers; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council commend both Officer Palma and Officer Wolf for their courageousness and the highly professional manner with which they conducted themselves during this dangerous and stressful incident; and BE IT FURTHER RESOLVED THAT THE MAPLEWOOD CZTY COUNCIL declares May 17, 1990, Steven Palma Day in the City of Maplewood. Seconded by Mayor Anderson. Ayes - all. 16. Final Plat: Cave's Woods and Pond Second Addition a. Manager McGuire presented the staff report. b. Councilmember Juker moved to table this itemuntil the Mav 31, 1990, Meeting and instructed staff to see that all conditions of the preliminary plat have been completed. Seconded by Councilmember Bastian. Ayes - all. 17. Budget Transfers - City Clerks Department a. Councilmember Juker instructed staff to investigate the possibility of 2-way mirror glass partitions for the Clerk's office. Seconded by Mayor Anderson. Ayes - all. b. Councilmember Juker moved to approve a budget transfer of S8,885 from the Continaencv Account for purchase of the panels, furniture and equipment necessary for these additions and the rearrangement of the City Clerk/Deputy Registrar area. 17 5-14-9L Seconded by Mayor Anderson. Ayes -all. J. VISTTORPRESENTATION None. K. COUNCIL PRESENTATIONS 1. Holloway Avenue a. Councilmember Rossbach asked what progress was being made regarding the Holloway Avenue vacation. b. Staff stated it was going before the Planning Commission. 2. Storm Sewer Financing a. Councilmember Rossbach questioned past practices regarding storm sewer financing. 3. Ferndale Street Pazking a. Councihnember Rossbach stated Council had received a letter from a resident on Femdale, north of Upper Afton Road complaining about the "no parking" signs. b. Councihnember Zappa moved to waive the Rules of Procedures to take action on this matter. Seconded by Councihnember Bastian. Ayes -all. c. Mayor Anderson moved to remove the "No Pazking" signs except the one on the northeast corner of Ferndale and Upper Afton. Seconded by Councihmember Zappa. Ayes -Mayor Anderson, Councilmembers Bastian, Rossbach and Zappa. Nay -Councilmember Juker. 4. 735 E. Courrty Road B a. Councihnember Rossbach stated the resident at 735 E. County Road B is requesting a variance to construct a fence higher than normal to hide the mounds of dirt caused by the grading in the P.A.R.E. Addition. b. Councilmember Rossbach moved to refer this request to staff and report back at next meetin¢. Seconded by Councihnember Zappa. Ayes -all. 5. Keller Parkway 18 5-14-90 a. Mayor Anderson stated the residents in the Gervais Lake area on Keller Parkway are complaining about the parking of cars and boat trailers on that street after they launch the boats on the lake. b. Mayor Anderson referred this acfion to staff for investigation. Seconded by councilnember Bastian. Ayes -all. 6. White Bear Avenue Parade a. Mayor Anderson questioned if the Council was willing to participate in the White Beaz Avenue Parade. b. Mayor Anderson moved to refer this matter to staff to obtain information regarding the pazade. Seconded by Councilmember Bastian. Ayes -all. 7. Skateboazding/Roller Blading 8. Ballfields -School District a. Mayor Anderson moved to table these items until the meeting of May 31, 1990. Seconded by Councilmember Juker. Ayes -all. L. ADMINISTRATIVE PRESENTATION None. Mayor Anderson recessed the meeting at 10:55 P.M., to go into closed session with the attorney to discuss I-13, Human Resource/Labor Negotiations and Developments. Mayor Anderson reconvened the regular meeting at 11:20 P.M. I. NEW BUSINESS 13. Human Resources/Labor Negotiations and Developments (Continued) a. Councilmember Bastian moved to duect the City Manager to develoRpay ran¢es for all non-union positions, and to adjust the Human Resource Director's salary to $48,000.00 per year, effective May 16, 1990, and that the appropriate budget transfers be made. Seconded by Mayor Anderson. Ayes -Mayor Anderson, Councilmembers Bastian, Rossbach and Zappa. Nay -Councilmember Juker. 19 5-14-90 N. ADJOi.JRNMENT 11:25 P.M. City Clerk 20 5-14-90