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HomeMy WebLinkAbout06-28-93 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, June 28, 1993 Council Chambers, Municipal Building Meeting No. 93-14 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 Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES:. 1. Minutes of Public Safety Forum, June 2, 1993 Councilmember Zappa moved to_approve the minutes of the June 2. 1993 Public Safety forum as presented. Seconded by Councilmember Rossbach Ayes - all 2. Minutes of Council/Manager Workshop, June 7, 1993 Councilmember Zappa moved to approve the minutes of the Council/Manager Workshop of June 7. 1993 as presented. Seconded by Mayor Bastian Ayes - all 3. Minutes of Special City Council Meeting, June 7, 1993 Councilmember Zappa moved to approve the minutes of the Special Council Meeting of June 7. 1993 as presented. Seconded by Councilmember Rossbach Ayes - all 4. Minutes of Meeting 93-13 (June 14, 1993) Councilmember Zappa moved to approve the minutes of Meeting No. 93-13 (June 14, 1993) as presented. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Zappa Nays - None Abstain - Councilmember Rossbach 1 6-28-93 E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L1 AMM Meeting L2 Phosphorous Report - Metro Waste L3 Park Maintenance Person L4 Blockbuster Sign L5 MnDOT Building Update L6 July 4, 1993 Seconded by Councilmember Zappa Ayes - all EA. APPOINTMENTS/PRESENTATIONS NONE F. CONSENT AGENDA: Councilmember Zappa moved, seconded by Mayor Bastian: ayes - all. to aoorove the consent agenda items 1 thru 3 and 5 thru 10 as recommended. (Item F-4 moved to become J-5. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 149,899.67 Checks #1001 - #1026 Dated 6-1-93 thru 6-4-93 $ 200.719.45 Checks #10186 - #10365 Dated 6-28-93 $ 350,619.12 Total per attached voucher/check register PAYROLL: $ 210,438.47 Payroll Checks #35214 thru #35384 Dated 6-18-93 S 45.239.35 Payroll Deduction Checks #35389 thru #35403 dated 6-18-93 $ 255,677.82 Total Payroll $ 606.296.94 GRAND TOTAL 2, Budget Transfer - Finance Department Approved a $1,350 budget transfer from the General Fund Contingency Account to the Finance Department budget to finance a computer software modification to facilitate the reconciliation of the monthly checking account statement. 3. Establishment of Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code Approved the following Resolution: 2 6-28-93 93 - O6 - 82 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood, Minnesota (the "City"), as follows: 1. RECITALS: a. The Internal Revenue Service has issued final Treasury Regulations Section 1.103-18 (the "Regulations") dealing with reimbursement bond proceeds, which would include those proceeds of the City's bonds to be used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. b. The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of subsequent borrowing, that such declaration generally be made on or before the date the expenditure is actually paid, that the bonding occur and the reimbursement allocation be made from the proceeds of such bonds within one year of the payment of the expenditure (or not later than one year after the project is placed in service, if that is a longer period), and that the expenditure be a capital expenditure. c. The City desires to comply with the Regulations and to establish certain procedures relating thereto. d. The City's bond counsel has advised the City. that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. OFFICIAL INTENT DECLARATION. The Regulations, in the situations in which they apply, require the City to have made an official declaration of its reasonable intention (hereinafter referred to as the "Official Intent Declaration" or the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequent bonds or other borrowings. The Council hereby authorizes the Finance Director to make the City's Official Intent Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: a. Each Declaration shall be made on or before the date the City pays the applicable project cost and shall state that the City reasonably intends and expects to reimburse itself for the expenditure with the proceeds of a borrowing. Each Declaration may be made substantially in the form of the :Declaration of Official Intent: which is attached to and made a part of this Resolution. 3 6-28-93 b. Each Declaration shall specifically contain the following statement: "This Declaration is a declaration of official intent under Treasury Regulations Section 1.103-18." c, Each Declaration shall and is hereby declared to be made and filed in the publicly available official books, records, or proceedings of the City, which shall be reasonably available for public inspection at City Hall during normal business hours of the City on every business day during the period beginning on the earlier of 10 days after the making of the Declaration or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. d. Each Declaration shall, at a minimum, contain a general functional description of the property, project, or program for which the expenditure to be reimbursed is paid (for example, "1993 Street Improvement Project" or other specific, identifiable project of the City) or, in the alternative, shall - identify the particular fund or account of the City from which the expenditure to be reimbursed is paid, including a description of the general functional purpose of that fund or account (for example, "park and recreation fund-recreational facility capital improvement program"). e. Each Declaration shall also contain a statement of the maximum principal amount of debt expected to be issued for the subject project. f. Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City does not reasonable expect that it will ultimately issue reimbursement bonds to provide long-term financing for the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations in general and their application in particular circumstances. It is the Council's intention that Declarations not be made when 1) available funds of the City have been or are reasonable expected to be dedicated or otherwise reserved to fund on a long-term basis the particular expenditures involved, or 2) it is not reasonably expected that reimbursement bonding will occur. g. The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Official Intent Declarations, including recommendations on the timing of the issuance of such bands so that the "reimbursement allocation" described in the Regulations and in paragraph 3 below can be made within the one-year time limits prescribed in the Regulations. 3. REIMBURSEMENT ALLOCATIONS. The designated City official shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of - reimbursement bond proceeds to reimburse the source of temporary financing used by the City to make payment of the prior expenditures. Each allocation shall be evidenced by an entry on the official books or 4 6-28-93 records of the City maintained for: such reimbursement bonds; shall specifically identify the actual prior expenditure being reimbursed, or, in the case of the reimbursement of a particular fund or account, the fund or account. from which the expenditure was paid, and shall be effective to relieve the bond proceeds involved from any restriction under the bond resolution or other relevant legal documents for those a - bonds and under any applicable state statute applicable to unspent proceeds of such bond issue. 4. Ambulance Bi11 - Application for Cancellation Moved to J-5 5. 934 Evar Street Accepted the report of the recent inspection of thin property by the Environmental Health Officer wherein no Code violations were noted. 6. Project Insulate Approved the following Resolution: 93 - O6 83 RESOLUTION OF SUPPORT WHEREAS, Minnesota Statutes 2166.241, Subdivisioh 2, requires Northern States Power Company Gas Utility (NSP) to make significant investments in and expenditures for energy conservation improvements, and; WHEREAS, the Saint Paul Neighborhood Energy Consortium (NEC), a community-based nonprofit energy service organization, is a provider of NSP- funded conservation improvement programs, and; WHEREAS, the NEC has a program, Project Insulate, available to Maplewood residents that provides many services. These include free home energy workshops, free energy audits, technical and contracting services to home and rental property owners, guaranteed contractors for home energy conservation improvements, and inspections of the completed work to ensure quality control. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council endorses the NEC and the Project Insulate program and encourages residents to use Project Insulate's services. FURTHERMORE, the Maplewood City Council agrees to let the NEC use the following quote in promotional materials: "The Maplewood City Council endorses Project Insulate, an innovative home energy conservation program. NSP sponsors Project Insulate and NSP is available to help Maplewood home and rental property owners improve the comfort and energy efficiency of their homes. Attend a Project Insulate Workshop or get a free home energy checkup and learn how saving energy is the #1 way to protect the environment!" 5 6-28-93 7. Land Use Plan Change: Maryland Avenue and Lakewood Drive.. 3N Continued for one more year the Land Use Plan Classification of R- for the five-acre parcel at the Southeast corner of Maryland Avenue and Lakewood Drive where Richard Webb, SWB Management, Inc., is planning to build a senior housing project. , 8. Conditional Use Permit Review: County Household Hazardous Waste Collection Site Reviewed without taking any action the Conditional Use Permit for the temporary household hazardous waste collection site at the Aldrich Arena parking lot. The Permit is scheduled to end on December 31, 1993 unless the County requests an extension. 9. Change in Funeral Leave Policy Approved a change in the City's Personnel Policies to include specific reference to sons-in-law and daughters-in-law in funeral leave for employees. This change is retroactive to May 1, 1993. 10. CDBG and TIF Agreements: Carefree Cottages of Maplewood Approved the following Resolution: 93-06-84 RESOLUTION APPROVING A DEVELOPMENT AGREEMENT AND A LOAN AGREEMENT CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP AND A HOME INVESTMENT PARTNERSHIP PROGRAM AGREEMENT WITH RAMSEY COUNTY AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED by the Council of the City of Maplewood, Minnesota .(the "City"), that the City hereby approves (i) a Development Agreement dated June 28, 1993 to be entered into with Carefree Cottages of Maplewood Limited Partnership (the "Company°') relating to tax increment financing (ii) a Home Improvement Partnership Program Agreement dated as of the date of the closing of a loan between the City and Ramsey County relating to a $279,000 loan to the City; and (iii) a Loan Agreement dated as of the date of closing of the loan between the City and the Company relating to a $279,000 loan to ° the Company and authorizes the Mayor and City Clerk to execute the Development Agreement, Home Investment Partnership Program and Loan Agreement on behalf of the City and all other necessary documents relating thereto. G. PUBLIC HEARINGS 1. 7:00 P. M. {7:14 P,M.): Tax-Exempt Financing - Silver Ridge Apartments a. Mayor Bastian convened the meeting for a public hearing regarding a request from Angeles Partners XVI for the City to approve tax-exempt bond financing for the Silver Ridge Apartments. b. Manager McGuire presented the staff report. c. Mary Ippel, Briggs and Morgan, presented the specifics regarding the financing. 6 6-28-93 d. Marsha Cohodes, Financial Consultant, represented the firm guaranteeing - the bonds. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. No one appeared. f. Mayor Bastian closed the public hearing. - g. Councilmember Zappa introduced the following Resolution and moved its adoption. 93-06-85 _ RESOLUTION AUTHORIZING THE ISSUANCE OF VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1993 AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH (SILVER RIDGE PROJECT) BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. On -0ecember 31, 1985 the City of Maplewood, Minnesota (the "City"), issued its $4,800,000 Multi-Family Housing Revenue Bonds 1985 Series (Silver Ridge Project) (the "Prior Bonds") to secure financing for the construction and equipping of 6 buildings (with clubhouse and pool) containing approximately 186 rental units, anticipated to consist of 54 one-bedroom units and 132 two-bedroom units, located in the southwest section of the intersection of Stillwater Road and Stillwater Avenue in the City (the "Project"). The Council has received a proposal from Angeles Partners 16, A California Limited Partnership (the "Company") that the City redeem the Prior Bonds through issuance by the City of its Variable Rate Demand Multifamily Housing Revenue Refunding Bonds, Series 1993 (the "Bonds"), in an amount not to exceed $4,525,000 and in accordance with a Remarketing Agreement (the "Remarketing Agreement") by and among the City, the Company, Firstar Trust Company located in Milwaukee, Wisconsin (the "Trustee") and BT Securities Corporation located in New York, New York (the "Remarketing Agent"). 2. The findings made in the preliminary resolutions of the City on July 22, 1985 and December 26, 1985 with respect to the Project are hereby ratified, affirmed and approved. 3. Pursuant to a Loan Agreement dated as of July 1,-1993, between the City as lender and the Company as borrower (the "Loan Agreement"), the City will loan the proceeds of the Bonds to the Company to redeem the Prior Bonds. The basic amen is to b p y e made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the _ principal of, premium, if any, and interest on the Bonds when due. The City will assign its rights to the basic payments and certain other rights under the Loan Agreement to the Trustee as security for payment - of the Bonds under an Indenture of Trust dated as of July 1, 1993 (the "Indenture"). To further secure the payment of the Bonds and the interest thereon and of the purchase price of any Bonds required to be purchased under the provisions of the Indenture, the Company will enter into a Reimbursement Agreement dated as of July 1, 1993 (the "Reimbursement Agreement") with First Financial Bank, FSB (the "Bank"). The Bonds will be secured by an irrevocable letter of credit (the "Letter of Credit") issued by the Bank in favor of the Trustee. The Bonds will be publicly offered by the Remarketing Agent pursuant to a ~ 6-28-93 - Preliminary Official Statement dated July 9, 1993. (the "Preliminary Official Statement"). 4. The operation and occupancy of the Project will be subject to the terms and conditions of an Amended and Restated Regulatory Agreement and Declaration of Restrictive Covenants, dated as of July 1, 1993, between the City, the Trustee and the Company and recorded as covenants and restrictions running with the land on which the Project is located (the "Regulatory/Declaration Agreement"). 5. Forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement; (b) The Indenture; (c) The Letter of Credit (not executed by City); (d) The Regulatory/Declaration Agreement; (e) The Remarketing Agreement; and (f) The. Preliminary Official Statement (not executed by City).. 6: It is hereby found, determined and declared that: (a) the Project described in the Indenture referred to above is authorized by Minnesota Statutes, Chapter 462C (the "Act"); (b) the purpose of the Project is, and the effect thereof will be, to promote the public welfare by providing for the continuation of a rental housing facility for assisting persons of low and moderate income within the City. to obtain decent, safe and sanitary housing at rentals they can afford; (c) the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Regulatory/Declaration Agreement, the Indenture and the Remarketing. Agreement (collectively, the "Agreements"), and the performance of all covenants and agreements of the City contained in the Agreements, and of all other acts and things required under the _ constitution and laws of the State of Minnesota to make the _ Agreements and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (d) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (e) the Basic Payments under the Loan Agreement are fixed to produce revenues sufficient to provide for the prompt payment of principal of, premium, if any, interest on, and the purchase price of, the Bonds issued under the Indenture when due, and the Loan Agreement, Regulatory/Declaration Agreement and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises (as defined in the Indenture) and payable during the term of the 8 6-28-93 loan Agreement, Regulatory/Oeclarati on Agreement and Indenture;. and (f) under the provisions of Minnesota Statutes, Section 46X.07, and as provided in the Loan Agreement and Indenture, the Bonds are: not to be payable from or charged upon any funds other than the revenues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against 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 not constitute a charge, lien or encumbrance, legal or equitable, upon 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 are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the 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. 7. Subject to the provisions of paragraph 10 hereof, the forms of the Agreements and exhibits thereto and all other documents described in paragraph 5 hereof are approved substantially in the form submitted with such subsequent changes as may be approved by the City Clerk and Bond Counsel. The Agreements, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk. Any other documents and certificates necessary to the transaction herein described shall 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. 8. The City hereby finds that the information in the section of the Preliminary Official Statement captioned "The Issuer" does not contain any untrue statement of a material fact or omit to state any fact which is necessary to make the statements made therein not misleading and hereby approves in substantially the form submitted to the City Council at this meeting such information for inclusion in the Preliminary Official Statement; and the City hereby ratifies, confirms and consents to the use of said section in the Preliminary Official Statement in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Preliminary Official Statement other than the section therein captioned "Issuer", and the City takes no responsibility for such information. 9. The Bonds shall be issued in an aggregate amount not to exceed $4,525,000 with a variable interest rate as established in the Indenture. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture with the principal amount and rates established as provided in this paragraph. The Bonds shall be sold to the Bond Purchaser at a price of par plus accrued interest to the date of delivery. The Mayor and the City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 10. The Mayor and City Clerk and other appropriate officers of the City are 9 6-28-93 authorized and directed to prepare and furnish to the Bond 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 of the 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. 11. The approval hereby given to the Agreements and the various other documents referred to above includes approval 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 Bond Counsel and the City officials authorized herein to execute said documents prior to their execution; and City officials are hereby authorized to approve said changes or additional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof and hereof. In the absence (or inability) of the Mayor or City Clerk, any of the documents authorized by this resolution to be executed by them = may be executed by the Acting Mayor or the Acting City Clerk, respectively. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker H. AWARD OF BIDS i. Property Liability and Workers' Compensation Insurance a. Manager McGuire presented the staff report. - b. Director of Finance Faust presented the specifics of the bids. c. Sue Dieken, Preferred Risk Consultants, presented additional information. d. Councilmember Zappa moved to approve staff recommendation as follows: 1) Renewal of present insurance coverage with LMCIT for workers' compensation under a retrospective rating plan with a maximum annual premium of $201,128; 2) Renewal of present insurance coverage with LMCIT for property and liability coverage; 3) Renewal of present insurance coverage with Hartford Insurance Company for boiler and machinery items; 4) Renewal of present employee blanket bond with United Fire and Casualty. Seconded by Councilmember Rossbach Ayes - all G. PUBLIC HEARINGS - Continued 2. 7:30 P. M. (7:39 P.M.): Planning Fees Ordinance (2nd Reading) a. Mayor Bastian convened the meeting for a public hearing regarding changes to the schedule of planning fees. 10 6-28-93 b. Manager McGuire presented the staff report. c. Mayor Bastian opened the public hearing, calling for proponents or opponents. No one appeared. 'd. Mayor Bastian closed the public hearing. e. Councilmember Carlson introduced second reading of" the following Ordinance and moved its adoption: ORDINANCE N0. 711 SETTING PLANNING FEES Section 1. Section 36-20 of the Zoning Code of the City of Maplewood is hereby amended as follows: Section 36-20. Fees. The following non-refundable application fees shall be required: Zone Change $342 Conditional Use Permit: Single and Double Dwellings 183 Other 295 Conditional Use Permit Revision: Single and Double Dwellings 37 Other 75 Variances: Single and Double Dwellings 68 Other 219 Vacations: Single and Double Dwellings 72 Other 149 Lot Divisions (Fee per lot created): Single and Double Dwellings. 48 Other 86 Home Occupation Permit 72 (initial permit) 23 (annual renewal) Comprehensive Plan Amendment 429 Code Amendment 219 Planned Unit Development 494 Preliminary Plat 520 Preliminary Plat Revision or Time Extension 85 Final Plat 113 Time Extensions/Renewals 85 Ordinance Continued on next page > Section 2. Section 36-258 of the sign code is amended as follows: Section 36-258. Fees. (1) A sign erection permit fee (except for billboards) shall be $18. (2) The fee for erection of billboards shall be $73. (3) The annual license fee for billboards shall be $281. Section 3. This Ordinance shall take effect on passage. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers 11 6-28-93 Carlson, Rossbach, Zappa Nays - Councilmember Juker I. UNFINISHED BUSINESS 1. 2425 White Bear Ave. (Calvary Assembly of God Church): a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. Land Use Plan Change (4 Votes) c. Councilmember Juker introduced the following Resolution and moved its adontion° 93-06-86 _ LAND USE CHANGE PLAN RESOLUTION WHEREAS, Mr. Scott Montgomery (for the Calvary Assembly of God Church) applied for a change to the City's land use plan from LBC (limited business commercial) to C (church). WHEREAS, this change applies to the property at 2425 White Bear Avenue. WHEREAS, the history of this change is as follows: 1. The Planning Commission held a public hearing on June 7, 1993. The City staff published a hearing notice in the Maplewood Review. and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve the plan amendment. 2. The City Council discussed the plan amendment on June 14, 1993. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described change for the following reasons: 1. A church would have less traffic impact on White Bear Avenue than an office building. 2. A church would be just as compatible as an office with the existing and planned land uses around this site. Seconded by Councilmember Carlson Ayes.- Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa Conditional Use Permit 12 6-28-93 d. Councilmember Juker introduced the following Resolution and moved its adootion• 93-06-87 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Scott Montgomery (for the Calvary Assembly of God Church) applied for a conditional use permit to open a church. WHEREAS, this permit applies to 2425 White Bear Avenue. The legal description is: That portion of the West 1/2 of the North 1/5 of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 11, Township 29, Range 22, lying west of White Bear Avenue, except that part thereof which lies easterly of a line run parallel with and 85 feet westerly of the following-described line: From a point on the West line of said Section 11, Distant 718.7 feet south of the West 1/4 corner thereof, run westerly at an angle of 90° 30' with said west section line (measured from south to west) for 204 feet; thence deflect to the right at an angle of 90° 00' for 37.5 feet to the point of beginning of line to be described; thence deflect to the right at an angle of 90° 00' for 260.4 feet; thence deflect to the right at an angle of 3° 12' for 394.21 feet; thence deflect to the right at an angle of 49° 14' for 308.85 feet; thence deflect to the right at an angle of 20° 30' for 443.06 feet; thence deflect to the right at an angle of 37° 32' for 375.94 feet; thence deflect to the left on a 4° 30' curve (Delta angle 24° 48") for 551.11 feet and there terminating; and The East 711.88 feet of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 11, Township 29, Range 22, except that part. thereof which lies easterly of a line run parallel with and 85 feet westerly of the following-described line: From a point on the west line of said Section 11, distant 718.7 feet south of the West 1/4 corner thereof, run westerly at an angle of 90° 30'with said west section line (measured from south to west) for 204 feet; thence deflect to the right at an angle of 90° 00' for 37.5 feet to the point of beginning of line to be described; thence deflect to the right at an angle of 90° 00' for 260.04 feet; thence deflect to the right at an angle of 3° 12' for 394.21 feet; thence deflect to the right at an angle of 49° 14' for 308.85 feet; thence deflect to the right at an angle of 20° 30' for 443.06 feet; thence deflect to the right at an angle of 37° 32' for 375.94 feet; thence deflect to the left on a 4° 30' curve (delta angle 24° 48") for 551.11 feet and there terminating, all according to the U. S. Government survey thereof. Less that portion of the above property conveyed to the County of Ramsey, including the right of access to White Bear Road, in connection with condemnation action filed by the County of Ramsey, State of Minnesota vs. Brookfile Energy and Properties, Inc. et al in the District Court, Second Judicial District, County of Ramsey, State of Minnesota - File No. 463842. WHEREAS, the history of this conditional use permit is as follows: 13 6-28-93 1. On June 7, 1993, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on June 14, 1993. 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, 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 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 plans that the City received on May 3, 1993. The Director of Community Development may approve minor changes. 2. The proposed construction must have substantially started or the building must be used for a church within one year of Council approval or the permit shall end. The City Council may grant up to one one-year extension of the permit. 3. Fill the potholes in the parking lot and driveways. 4. Sweep and restripe the parking lot to current City Code requirements. 14 6-28-93 5. Remove and clean up the 'old tires, junk and garbage on the property. 6. The church recording a deed with Ramsey County for five additional feet of right-of-way for White Bear Avenue at the northeast corner of the site. The church must record this deed within sixty days of getting fee title of the property. The County Traffic Engineer must approve this deed before the church records it. 7. Screen any outside mechanical equipment, as required by Code. 8. Remove the curb blocks and construct concrete curb around the parking lot perimeter, as the City Code requires. The church may complete this work with Phase II of the construction and shall have it done within three years of City approval. - 9. The City Council shall review this permit in one year. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa 2~ Champps - a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. - c. Dennis Johnson, attorney representing Champps, spoke to the Council regarding the situation there. d. Councilmember Carlson moved to L) approve the application of Mr Authier and (2) issue a 52.000 fine for the violation and policy Seconded by Councilmember Zappa e. Councilmember Zappa moved to amend the motion makino the fine 51 000 and direct staff to report on where the fine can be donated Seconded by Councilmember Zappa Ayes - Councilmembers Rossbach, Zappa Nays - Mayor Bastian, Councilmembers Carlson, Juker = MOTION TO AMEND FAILED SEPARATE VOTING ON TWO PARTS OF ORIGINAL MOTION: (1) Approving Application: Ayes - all MOTION APPROVED (2) $2,000 Fine: Ayes - Councilmembers Carlson, Juker Nays - Mayor Bastian, Councilmembers Rossbach, Zappa MOTION FAILED f. Councilmember Juker moved to fine Champp's 51.500. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker Nays - Mayor Bastian, Councilmembers Rossbach, Zappa MOTION FAILED I5 6-28-93 g. Councilmember Juker moved to set the fine at $1.000. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian J. NEW BUSINESS 1. Sanitary Sewer Connection: 2442 Keller Parkway a. Manager McGuire presented the staff report: b. Director of Community Development Olson presented the specifics of the report. c. Councilmember Zappa introduced the following Resolution. and moved its adoption: 93-06-88 SANITARY SEWER CONNECTION RESOLUTION WHEREAS, the City finished the Keller Parkway sanitary sewer project in October of 1991; WHEREAS, the City sent a letter to all affected property owners. The letter stated that the owners had one year to connect to the sewer. WHEREAS, Section 28-41(a) of the City Code requires that property owners connect their homes to the sanitary sewer within one year of availability; WHEREAS, all homes, except for 2442 Keller Parkway, have now been connected to the Keller Parkway sanitary sewer; WHEREAS, Section 28-44 of the City Code allows the City to have the sanitary sewer connection made if the property owner does not do so within thirty days of notice; WHEREAS, the City has notified the property owners as required by law. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that the City staff shall have sanitary plumbing and sewer connections made to 2442 - Keller Parkway. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker, Zappa Nays - Mayor Bastian, Councilmember Rossbach 2. Request for Charitable Gambling Funds a. Manager McGuire presented the staff report. b. Assistant City Manager Maglich presented the specifics of the report. c. Thomas Bucher, 2618 English Street, Co-Chair of the Association's Fundraising Committee, addressed the Council regarding the request. d. Diane Morin, adviser to the Association, addressed the Council on the value of the program. 16 6-28-93 e. Mr. Bucher assured the Council that Maplewood would be named first.. d. Councilmember Zappa moved to donate $2.000 to the Maplewood/North St. Paul Girls Basketball Association for uniforms and equipment. Seconded by Councilmember Rossbach - e. Mayor Bastian moved to amend the amount to $5.000. in the expectation that 90% of the players are from the Maplewood and North St. Paul School District. Seconded by Councilmember Zappa Ayes - all VOTING ON ORIGINAL MOTION AS AMENDED: (Donation of $5,000) Ayes = all 3. 1994 - 1998 Capital Improvement Plan (4 Votes) a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council - regarding this matter. No one appeared. d. Councilmember Zappa moved to table this item to the next Council/Manager meeting. MOTION DIED FOR LACK OF A SECOND e. Mayor Bastian introduced the following Resolution and moved its adoption: 93-06-89 APPROVING THE 1994-1998 CAPITAL IMPROVEMENT PLAN WHEREAS, the 1994-1998 Capital Improvement Plan coordinates the timing and financing of major equipment purchases and construction projects, and WHEREAS, the 1994-1998 C.I.P. is a planning tool for City staff and = elected officials, and WHEREAS, it is important to follow the construction and financing schedule for the 1994 public works projects on pages 1-8 and 1-9 in the C.I.P. in order to fully utilize the City's engineering staff and minimize the need for consultant engineers, NOW, THEREFORE, BE IT RESOLVED, that the 1994-1998 C.I.P. is hereby adopted as a planning document, and BE IT FURTHER RESOLVED, the construction and financing schedule for the 1994 public works projects on pages 1-8 and 1-9 in the C.I.P. will be followed to the greatest extent possible. Seconded by Councilmember Carlson Ayes - all U 6-28-93 4. Sterling Street - Public Improvement Petition a. Manager McGuire presented the staff report: b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Juker introduced the following Resolution and moved its adootion• 93-06-90 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to construct Sterling Street and appurtenances from Valley View Avenue to Schaller Drive 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 was as to whether the proposed improvement is 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 $1,000.00 are appropriated to prepare this feasibility report. Seconded by Councilmember Carlson Ayes - all 5. Ambulance Bill - Application for Cancellation (Moved from F-4) a. Councilmember Juker questioned staff regarding this bill. - b. Councilmember Carlson moved to cancel the ambulance bill for Raymond Jensen (deceased). Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Council members Carlson, Rossbach, Zappa Nays - Councilmember Juker K. VISITOR PRESENTATIONS 1. David Richter, 1122 E. County Road C a. Mr. Richter questioned how the State's Park and Ride Program was approved and how it was started. b. Councilmember Rossbach moved to direct staff to notify MnDOT to investigate the location and size of the narking lot. landscaping, etc. to 1) move the site further South. 2) create a buffer. 3) reduce the size of the lot: also to check to see if agreements are signed. Seconded by Councilmember Carlson Ayes - all 18 6-28-93 L. COUNCIL PRESENTATIONS 1. Meeting of Association of Metropolitan Municipalities a. Councilmember Zappa commented on arranging a meeting between the Council and AMM to discuss the progress of the AMM. b. Councilmember Zappa moved to invite AMM to the first Council/Manager meeting in August. Seconded by Mayor Bastian Ayes - all 2. Phosphorous Report - Metropolitan Waste Control a. Councilmember Zappa stated he had attended the Metropolitan Waste Control breakfast meeting at which they discussed the treatment of phosphorous. - b. Councilmember Zappa moved to send a letter to the Metropolitan Waste Control asking them to scrutinize the cost of removing and treating phosphorous. Seconded by Councilmember Juker Ayes - all 3. Park Maintenance Person a. Councilmember Rossbach stated he was in favor of hiring a park maintenance person. b. Councilmember Rossbach moved to place this item on the next Council Meeting Agenda. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa_ 4. Blockbuster Video Sign a. Councilmember Juker stated Council had approved the Blockbuster Video sign with additional businesses on the same sign, and asked when they - are going to do this. _ b. Councilmember Juker moved to direct staff to research the Council action regarding the Blockbuster Video signage. Seconded by Councilmember Rossbach Ayes - Councilmembers Juker, Rossbach, Zappa Nays - Mayor Bastian, Councilmember Carlson 5. MnDOT a. Mayor Bastian stated MnDOT has investigated relocating the MnDOT building at Larpenteur & 35E. b. Mayor Bastian requested an update for Tax Increment Financing eligibility. c. Mayor Bastian stated MnDOT is also scheduling turn-back of several roadways to Maplewood. 19 6-28-93 6. Fourth of July a. Mayor Bastian reminded everyone of the Fourth of July celebration in Maplewood. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING Adjourned 9:43 P.M. `J Lucille E. Aurelius City Clerk 20 6-28-93