HomeMy WebLinkAbout12-13-93 MINUTES OF MAPLEW(lOD CITY COUNCIL
7:00 P.M., Monday, December 13, 1993
Council Chambers, Municipal Building
Meeting No. 93-29
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 Meeting 93-27 (November 22, 1993)
Councilmember Zappa moved to approve the minutes of Meeting No. 93.27 (November 22.
1993) as presented.
Seconded by Councilmember Carlson Ayes - all
2. Minutes of Meeting 93-28 (November 30, 1993) - Special Meeting
Councilmember Zappa moved to approve the minutes of Meeting No. 93-28 (November 30.
1993) - Special Meeting - as corrected:
Meeting 93-28, November 30, 1993: Councilmember Juker was absent.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Council members
_ Carlson, Rossbach, Zappa
Nays - None
Abstain - Councilmember Juker
E. APPROVAL OF AGENDA:
Mayor Bastian moved to a-pprove the Agenda as amended:
J-5 Mc6ruff House Donation
L-1 2442 Keller Parkway
L•2 Lithuanian Guest - Baltic Project
L-3 Cable TV - SCC
L•4 Woodbury Interchange
M-2 Council/Manager Workshop
Seconded by Councilmember Zappa Ayes - all
1 12-13-93
EA. PRESENTATIONS
NONE
F. CONSENT AGENDA
Mayor Bastian moved seconded by Councilmember Zappa• aves - all, to approve the
consent a4enda items 1 thru 8 & 10 as recommended (Item 9 voted on seoaratelv.)
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 366,388.02 Checks #1709 #1772
Dated 71-10-93 thru 11-30-93
$ 2u9.325.05 Checks #11794 - #11937
Dated 12-13-93
$ 575,713.07 Total per attached voucher/check register
PAYROLL: $ 215,627.24 Payroll Checks #37623 thru #37870
Dated 11.19-93
$ 45,474.83 Payroll Deduction Checks #37875 thru
#37892 dated 11-19-93
$ 210,988.22 Payroll Checks #37904 thru #38069
Dated 12-03-93
$ 47.322.72 Payroll Deduction Checks #38704 thru
#38091 dated 12-03-93
$ 519,413.01 Total Payroll
$1.095.126.08 GRAND TOTAL
2. Loan Approval: Golden Star Apartments
93-12-155
REQUESTING A LOW-INTEREST LOAN FRON RAMSEY COUNTY.
WHEREAS, this project is known as the Golden Star Apartments (known before as
the Larpenteur East Apartments).
WHEREAS, the location of these apartments is 315-321 Larpenteur Avenue,
Maplewood, Minnesota.
WHEREAS. Maplewood wishes to help meet the housing needs of low and moderate
income citizens.
WHEREAS, these apartments are in disrepair and need rehabilitation.
WHEREAS, these apartments, if rehabilitated, could help meet the housing needs
of low and moderate income citizens.
WHEREAS, the County approved a grant for the Village on Woodlynn and a low-
interest loan for the Carefree Cottages of Maplewood.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council requests that
Ramsey County give the City a $500,000, low-interest loan for the rehabilitation
of the Golden Star Apartments.
2 12-13-93
3. HRA Resignation
93 - 12 - 156
JOINT RESOLUTION OF APPRECIATION
WHEREAS, Lori J. Tauer became a member of the Housing and Redevelopment
Authority of Maplewood on March 11, 1991 and has served faithfully;
WHEREAS, Lori J. Tauer has freely given of her time and energy, without
compensation, for the betterment of the City of Maplewood; and
WHEREAS, Lori J. Tauer has shown dedication to her duties and has consistently
contributed her leadership and effort for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and the citizens of the City, that Lori J. Tauer is extended
our gratitude and appreciation for her dedicated service and we wish her continued
success in the future.
4. District 22 Trunk Sanitary Sewer Replacement Project 91-10 -
Final Payment and Change Order No. 2
93 - 12 - 157
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT.
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
improvement Project 91-10, District 22 Trunk Sanitary Sewer Replacement, and has
let a construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 91-10, Change Order 2.
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 2 in the amount of $4,402.
The project budget remains at $432,465 with financing from the Sewer Fund.
93 - 12 - 158
ACCEPTANCE OF PROJECT 91-10
WHEREAS, the City Engineer for the City of Maplewood has determined that City
Project 91-10, District 22 Trunk Sanitary Sewer Replacement, is complete and
recommends acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that City Project 91-10 is complete and maintenance of these improvements is
accepted by the City. Release of any retainage or escrow is hereby authorized.
3 12-13-93
5. Acquisition of Tax-Forfeited Land
93 - 12 - 159
AUTHORIZING AN APPLICATION FOR CONVEYANCE OF CERTAIN TAX-FORFEITED PARCELS
WHEREAS, the City of Maplewood has determined that-the following-described tax-
forfeited land is required for street right-of-way:
Outlot B, Frattalone's Addition; PIN: 04-29-22.32.0030-7
NOW, THEREFORE, BE IT RESOLVED, that the proper City officials be and hereby
are authorized to make an application for conveyance of said tax-forfeited land for
street right-of-way purposes; and
BE IT FURTHER RESOLVED, that the City Clerk be 'and hereby is authorized to file
a certified copy of this resolution and application for conveyance of said tax-
- forfeited land in the office of the land commissioner.
93 - 12 - 160
AUTHORIZING AN APPLICATION FOR CONVEYANCE OF CERTAIN TAX-FORFEITED PARCELS
WHEREAS, the City of Maplewood has determined that the following described tax-
forfeited land is required for ponding and drainage:
Outlot A, subject to restrictions and easements of record, if any, Goff's
Mapleview 3rd Addition; PIN 09-29-22-11-0100-5
NOW, THEREFORE, BE IT RESOLVED, that the proper City officials be and hereby
are authorized to make an application for conveyance of said tax-forfeited land for
ponding and drainage purposes; and
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file
a certified copy of this resolution and application for conveyance of said tax-
forfeited land in the office of the land-commissioner.
93 - 12 - 161
AUTHORIZING AN APPLICATION FOR CONVEYANCE OF CERTAIN TAX-FORFEITED PARCELS
WHEREAS, the City of Maplewood has determined that the following-described tax-
forfeited land is required for ponding and drainage:
Outlot A, lying easterly of Block 2 of Cave's Junek Addition (subject to
restrictions and easements of record, if any) Cave's Sterling Street Addition;
PIN:- 24.29.22-21-0056-1
NOW, THEREFORE, BE IT RESOLVED, that the proper City officials be and hereby
are authorized to make an application for conveyance of said tax-forfeited land for
ponding and drainage purposer, and
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file
a certified copy of this resolution and application for conveyance of said tax-
forfeited land in the office of the land commissioner.
4 12-13-93
93-12-162
AUTHORIZING AN APPLICATION FOR CONVEYANCE OF CERTAIN TAX-FORFEITED PARCELS
WHEREAS, the City of Maplewood has determined that the following-described tax-
forfeited land is required for ponding and drainage:
Except the east 499.1 feet of the south 373 feet more or less; the Southwest
Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 24, Township 29,
Range 22 (subject to roads, restrictions, and easements of record, if any); PIN:
24-29-22-43-0045-3
NOW, THEREFORE, BE IT RESOLVED, that the proper City officials be and hereby
are authorized to make an application for conveyance of said tax-forfeited land for
ponding and drainage purposes; and
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file
a certified copy of this resolution and application for conveyance of said tax-
forfeited land in the office of the land commissioner.
93 - 12 - 163
AUTHORIZING AN APPLICATION FOR CONVEYANCE OF CERTAIN TAX-FORFEITED PARCELS
WHEREAS, the City of Maplewood has determined that the following-described tax-
forfeited land is required for open space:
Smith & Taylor's Addition to North St. Paul the S 1/2 of vac alley adj and
N 1/2 of vac Laurie Ave adj and fol part of Lot 2 lying E of aline run
from a point in CL of sd ave 272 19/100 ft E from W line of Lot 2 to a pt
on N line of and 272 91/100 ft E from NW corner of sd; PIN 11-29-22-33-
0010-8
NOW, THEREFORE, BE IT RESOLVED, that the proper City officials be and hereby
are authorized to make an application for conveyance of said tax-forfeited land for
ponding and drainage purposes; and
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file
- a certified copy of this resolution and application for conveyance of said tax-
- forfeited land in the office of the land commissioner.
93 - 12 - 164
AUTHORIZING AN APPLICATION FOR CONVEYANCE OF CERTAIN TAX-FORFEITED PARCELS
WHEREAS, the City of Maplewood has determined that the following-described tax-
forfeited land is required for open space:
Smith & Taylor's Addition to North St. Paul ex S 2 65/100 ft and ex fol
beg on W L of and 2 65/100 ft N of SW cor of Lot 1 th E 271 49/100 ft th
N to pt in CL of vac Laurie Rd 272 19/100 ft E from W L of sd lot th W to
W L of sd lot th S to beg part of vac adj and; PIN 11-29.22-33-0012-4.
5 12-13-93
NOW, THEREFORE, BE IT RESOLVED, that the proper City officials be and hereby
are authorized to make an application for conveyance of said tax-forfeited land for
ponding and drainage purposes; and
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file
a certified copy of this resolution and application for conveyance of said tax-
forfeited land in the office of the land commissioner.
93 - 12 - 165
AUTHORIZING AN APPLICATION FOR CONVEYANCE OF CERTAIN TAX-FORFEITED PARCELS
WHEREAS, the City of Maplewood has determined that the following-described tax-
forfeited land is required for open space:
_ Smith and Taylor's Addition to North St. Paul vac ave S of & accruing &
fol ex N 2.65 ft the W 49 ft of E 319 ft of E 319 ft of; PIN 11-29-22 ~3-
0016-6.
NOW, THEREFORE, BE IT RESOLVED, that the proper City officials be and hereby
are authorized to make an application for conveyance of said tax-forfeited land for
ponding and drainage purposes; and
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file
_ a certified copy of this resolution and application for conveyance of said tax-
forfeited land in the office of the land commissioner.
93 - 12 - 166
AUTHORIZING AN APPLICATION FOR CONVEYANCE OF CERTAIN TAX-FORFEITED PARCELS
WHEREAS, the City of Maplewood has determined that the following-described tax-
forfeited land is required for open space:
Smith and Taylor's Addition to North St: Paul vac ave S of & accruing &
fol ex N 2 65/100 ft the E 270 ft;
PIN 11-29-22-33-0018-2.
NOW, THEREFORE, BE IT RESOLVED, that the proper City officials be and hereby
are authorized to make an application for conveyance of said tax-forfeited land for
ponding and drainage purposes; and
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file
a certified copy of this resolution and application for conveyance of said tax-
forfeited land in the office of the land commissioner.
6. Watermain Relocation - Radatz to Beam, Project 93-13, Acceptance of Utility
93 - 12 - 167
ACCEPTING UTILITIES FROM DEVELOPER
WHEREAS, the City Council of Maplewood, Minnesota has heretofore entered into
a contract for public improvements for City Project 93-13 described as: Water Main
relocation Radatz to Beam, and
WHEREAS, said project has been certified as completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that
the project is completed and the utilities are hereby accepted as part of the
distribution systems.
6 12-13-93
7. Increase in License/Permit Fees and Service Charges
Approved the following license and permit fees and services charges for 1994:
Building Permit Surcharge $ 5*
Dog/Cat Impound Fee 25***
Gambling Investigation and Administration Fee 250*
Liquor Licenses:
Temporary On-Sale Liquor License - Per Day 139
Sunday Liquor License 200*
Malt (3.2 beer) Liquor License 100*
Off-Sale Liquor License 200*
Club Liquor License 300*
Occupancy Permit 10
Tax-Exempt Mortgage Revenue Financing - Commercial:
Amount paid with application (non-refundable) 2,500
Base Charge of bond issue) 1%
Minimum (less application fee) 6,400
Maximum (less application fee) 28,600
Tax-Exempt Mortgage Revenue Financing -
Residential (Multiple-Family Dwellings):
Amount paid with application (non-refundable) 2,500
First-Year of bond issue) N/A
Subsequent Years of bonds payable) N/A
Base Charge of bond issue) 1%
Minimum (less application fee) 5,000
Maximum (less application fee) 28,600
Tax Increment Financing:
Application Fee (non-refundable) 5,000
Temporary Gambling Permit - Per Day 50**
* License Fee set by State Law
Set by Ordinance adopted 9-10-90
Fee increased to 825 by Council on 11-8-93
8. Interfund Transfers for Unassessed Utility Improvements
Authorized the following transfers from the Sewer Fund and Hydrant Charge Fund to
_ the Debt Service Funds to amortize the cost of unassessed water and sewer
improvements:
$ 26,740 Hydrant Fund 1977 Bonds (314)
6,630 Hydrant Fund 1979 Bonds (316)
2,260 Sewer Fund 1979 Bonds (316).
20,920 Hydrant Fund 1988 Bonds (318)
36,660 Hydrant Fund 1990 Bonds (322)
9. City Manager's 1993 Review
VOTED ON SEPARATELY AFTER BALANCE OF CONSENT AGENDA
7 12-13-93
10. Certification of North St. Paul Sewer Bill
93 - 12 - 168
CERTIFICATION OF DELINQUENT WATER BILL
RESOLVED, that the City Clerk i s hereby authorized and directed to certify to the
Auditor of Ramsey County the following delinquent water service charges, for certification
against the tax levy of said property owner for the year 1993, collectible in 1994, and
which includes interest at the rate of eight percent (8%) on the total amount for one year.
PIN 02-29-22-42-0018-2 $117.98
Total amount to be certified: $ 117.98
9. City Manager's 1993 Review
Separate vote on acceptance of the City' Manager's 1993 performance review as
- presented by the Performance Review Committee and authorized a lump sum payment of
$3,600 for merit pay.
Ayes Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
G. PUBLIC HEARINGS
1. 7:00 P.M.: Rosewood Estate of Maplewood
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal
by CARE Institute, Inc. to build a 100-unit assisted-care senior housing
facility on the southeast corner of Lakewood Drive and Maryland Avenue.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Commissioner Sherry Allenspach stated the Planning Commission did not review
this item.
e. Commissioner Lorraine Fischer presented the Housing and Redevelopment Authority
report.
f. Boardmember Roger Anitzberger presented the Community Design Review Board
report.
g. Pat Svendson, presented the Senior Committee report.
h. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Mr. Schmidt
Richard Webb, developer
i. Mayor Bastian closed the public hearing.
g 12-13-93
Reduction in Parking
j. Councilmember Zappa moved to approve 139 fewer parking spaces than Code
re wires and no ara es since most of the residents would not drive a vehicle
an the Citv has allowed fewer parking spaces for similar senior housing
developments with the stipulation that the property owner shall add off-street
parking if the Citv Council determines there is not enough parking.
Seconded by Councilmember Carlson Ayes - all
Floor Area Variances
k. Councilmember Zappa introduced the following Resolution and moved its adoption:
93 - 12 - 169
ZONING VARIANCE - FLOOR AREA
WHEREAS, CARE Institute, Inc. - Maplewood applied for a variance from the
zoning ordinance.
WHEREAS, this variance applies to a five-acre tract at the southeast corner of
Maryland Avenue and Lakewood Drive. The legal description is:
That part of Lots 7 and 8, Block 1, Beaver Lake Addition, Ramsey County,
Minnesota described as follows:
The south 375 of the north 408 feet of said Lots 7 and 8 which lies east of a
line 49.5 feet east of and parallel to the west line of the Northeast Quarter
of the Northwest Quarter of Section 25, Township 29, Range 22 and which lies
west of aline 635.5 feet east of and parallel to said west line.
WHEREAS, Section 36-122(b) of the Maplewood Code of Ordinances requires that
the minimum habitable floor area for efficiency and one-bedroom apartment units
shall be 580 square feet.
WHEREAS, the applicant is proposing that the efficiency units have 425 square
feet and that the one-bedroom units have 525 square feet.
WHEREAS, this requires variances of 155 and 55 square feet.
WHEREAS, the history of this variance is as follows:
_ 1. On November 23, 1993, the Community Design Review Board recommended that
the City Council approve this variance.
2. The City Council held a public hearing on December 13, 1993. City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Council gave everyone
at the hearing an opportunity to speak and present written statements. The
Council also considered reports and recommendations from the City staff
and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variance for the following reasons:
1. The common areas compensate for the reduced unit size.
2. Senior housing has fewer people per unit than conventional apartment buildings.
Seconded by Councilmember Juker Ayes - all
g 12-13-93
Plan Review
1. Council member Zappa moved to approve the site and grading plans (stamped
November 9 1993) subiect to the revised partial grading plan (stamped November
30 1993) the landscaping plan (stamped November 30 1993) and the building
elevations (stamped December 2 1993) for Rosewood Estate. subiect to the
following:
1. Repeat this review in two years if the City has not issued a building
permit for this project.
2. Complete the following before the City issues a building permit:
a) Provide the following for the City Engineer's approval:
1) A utility plan and an erosion control plan. The erosion control plan shall
be consistent with the Ramsey Soil and Water Conservation District Erosion
Control Handbook.
2) A ponding easement below contour elevation 956 or within the wetland
boundary, whichever is larger.
3) A wetland buffer easement over the area that is below a line ten feet
beyond the wetland boundary. This easement shall prohibit any mowing,
cutting, filling or dumping within the easement.
b) Verify that the building will be no closer than 100 feet to the Williams
Brothers pipeline.
3. Complete the following before occupying the building:
a) Restore and sod damaged boulevards.
b) Install a reflectorized stop sign at the exit..
c) Install handicap parking spaces and signs that meet all requirements of the
Americans with Disabilities Act.
d) Install signs along the wetland buffer easement. These signs shall state that
there shall be no mowing, cutting, filling or dumping beyond this point.
e) Remove the extra driveway entrances on Maryland Avenue and replace them with
concrete curb and gutter.
f) Screen roof mounted equipment visible from streets or adjacent properties.
(code requirement)
g) Construct a trash dumpster enclosure for the outside trash storage. (code
requirement) The enclosure must match the color of the building.
h) Make all two-way driveways at least 24 feet wide. (code requirement)
i) Widen all visitor/resident parking spaces to 9.1/2 feet. Post the remaining
nine-foot-wide parking spaces as "employee parking only." (code requirement)
j) Install an in-ground. sprinkler system for all landscaped areas. (code
requirement)
4. 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, safe's
or welfare.
10 12-13-93
b) The City receives a cash escrow or an irrevocable letter of credit to the City
for the required work. The amount shall be 150% of the cost of the unfinished
work.
c) The City receives an agreement that will allow the City to complete any
unfinished work.
5. This approval does not include the signs.
Seconded by Councilmember Juker Ayes all.
Tax-Exempt Financing
m. Councilmember Zappa introduced the following Resolution and moved its ~-d~tion:
93 - 12 - 170
CITING A PROPOSAL FORA FINANCING PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT,
GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C,
AUTHORIZING THE ISSUANCE OF ELDER CARE FACILITY REVENUE BONDS,
AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH THE PROJECT AND PROGRAM
(a) WHEREAS, 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
multifamily housing developments within the boundaries of the city; and
(b) WHEREAS, the City of Maplewood, Minnesota (the "City"), has received from Care
Institute, Inc. -Maplewood, and Indiana nonprofit corporation (the "Company"),
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
series (the "Bonds") pursuant to the Act; and
(c) WHEREAS, the City desires to: facilitate the development of.rental housing and
an existing health. care facility within the community; encourage the
development of affordable housing opportunities for residents of the City;
encourage the development of housing facilities designed for occupancy
primarily by elderly persons; and encourage the development of underutilized
land within the boundaries of the City; and the Project will assist the City
in achieving these objectives; and
(d) WHEREAS, the Company is currently engaged in the business of operating senior
housing; the Project to be financed by the Bonds is the acquisition of a tract
of land and the construction and equipping of a 100 unit elderly multifamily
rental housing facility, along with related improvements, to be located at the
Southeast corner of Lakewood Drive and Maryland in the City of Maplewood,
Minnesota (the "Project"), and will result in the provision of additional
rental housing opportunities to persons within the community; and
(e) WHEREAS, the City has been advised by representatives of the Company that
conventional, commercial financing to pay the capital costs of the Project is
available only on a limited basis and at such high costs of borrowing that the
economic feasibility of operating the Project would be significantly reduced;
and the Company has also advised the City that with the aid of municipal
financing, and resulting low borrowing costs, the Project is economically more
feasible; and
11 12-13-93
(f) WHEREAS, 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. Preliminary Approvals. The City hereby gives preliminary approval to the
proposal of the Company that the City undertake the Project described above and
the program of financing therefor, consisting of the renovation, acquisition,
construction and equipping of a development consisting of a combination of
multifamily housing and an existing elder care facility within the City
pursuant to the Company's specifications and pursuant to a revenue agreement
between the City and Company containing such terms and conditions (with
provisions for revision from time to time as necessary) as may be necessary to
produce income and revenues sufficient to pay, when due,-the principal and
interest on the Bonds in a total principal amount not to exceed 813,000,000,
to be issued pursuant to the Act to finance the renovation, acquisition,
- construction and equipping of the Project.
2. Financing Structure. At the option of the Company, 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 City.
3. Findings. On the basis of information available to the City it appears, and
the City hereby finds, determines and declares: (1) that the Project
constitutes a multifamily housing development within the meaning of Subdivision
7 of Section 46X.05 of the Act and consists of a combination of a multifamily
housing development and anew or existing health care facility; as defined by
Minnesota Statutes, Section 469.153; (2) that the multifamily housing
development is designed and intended to be used for rental occupancy; (3) that
the multifamily housing development is designed and intended to be used
primarily by elderly or physically handicapped persons; (4) that nursing,
medical care, and other health related assisted living services will be
available on a 24-hour basis in the development to the residents; (5) that the
Project will be primarily occupied by elderly persons; (6) 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 Company to
undertake the Project; and (7) that the effect of the Project, if undertaken,
will be to encourage the provision of additional multifamily rental housing
opportunities to residents of the City, and to promote more intensive
development and use of land within the City.
4. Future Approvals. 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 final approval by the City, Company and purchasers of the Bonds as
to ultimate details of the financing of the Project.
5. Company to Pav Costs. The Company has agreed, and it is hereby determined
that, any and all costs incurred by the City in connection with the financing
of the Project, whether or not the Project is carried to completion, will be
paid by the Company.
6. Assistance with Documents. Briggs and Morgan, Professional Association, acting
as bond counsel, and A. H. Williams & Co. Incorporated, acting as investment
bankers selected by the City with the consent of the Company, are 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,
Company and purchasers of the Bonds (or the 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 to submit such documents to the City for final approval.
12 12-13-93
7. Revenue Obligations. Nothing in this Resolution or the documents prepared
pursuant hereto shall authorize the expenditures 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. The holder of the Bonds shall never
have the right to compel any exercise of the taxing power of the City to pay
the outstanding principal of the Bonds or the interest thereon, or to enforce
payment thereon against any property of the City. The Bonds shall recite in
substance that the 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 constitution or
statutory limitation.
8. Authorization for Expenditures. In anticipation of the 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 Company is hereby
authorized to make such expenditures and advances toward payment of that
portion of the costs of the Project to be financed from the Proceeds of the
Bonds as the Company considers necessary, including the use of interim short-
. term financing, subject to reimbursement from the proceeds of the Bonds if and
when delivered but otherwise without liability on the part of the City.
9. Notice of Public Hearing. The actions of City Staff in causing the notice of
public hearing to be published in the Maplewood Review are hereby ratified,
confirmed and adopted.
10. Restrictions. The Company shall enter into various agreements with the City
which shall impose the following restrictions on the Company and the Project:
a) Construction must begin by December 13, 1994. 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, status with regard to public
assistance, disability or age.
(ii) the contractor shall compensate employees with wages and
financial remuneration as provided under the United States Code,
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 80% 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 as of the date of this Resolution.
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 fora 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 apprentice program, approved by the Department of Labor
and Industry.
13 12-13-93
(v) all provisions of these tax-exempt finance requirements shall
apply to all subcontractors working on the Project.
(c) The Company shall pay an administrative fee to the City at closing
calculated in accordance with the City's tax•empt revenue requirements,
including the optional design requirements.
Seconded by Councilmember Carlson. Ayes - all
n. Councilmember Zappa moved approval of the following Housing Finance Program,
Care Institute. Inc. - Maplewood Proiect:
_ This housing finance program (the "Program") is undertaken by the City of
Maplewood, Minnesota (the "City") to finance a Project (as defined and described
in this document) to be owned by Care Institute, Inc. - Maplewood, an Indiana
nonprofit corporation (the "Company"). The Project consists primarily of the
acquisition of a tract of land and the construction and equipping of a 100 unit
elder multifamily rental housing facility, along with related improvements, to be
located at the Southeast corner of Lakewood Drive and Maryland in the City of
Maplewood (the "Project"). The expected base monthly rental fees fora Residential
Studio Unit will be between $1,800 to $1,900, a Residential One•Bedroom Unit will
be between $2,200 to $2,800, and a Residential Two-Bedroom Unit will be $2,800.
The Project will be operated as a multifamily rental housing development within the
meaning of Minnesota Statutes, Section 46X.05, Subd. 4. The city will issue
multifamily housing revenue bonds (the "Bonds") pursuant to Minnesota Statutes,
Chapter 462.07, Subd. 1, and loan the proceeds of the Bonds to the Company to
finance the Project.
The City will issue the Bonds to finance the Project in the principal amount
not to exceed $13,000,000. The City will loan the proceeds from the sale of the
Bonds to the Company pursuant to a revenue agreement (the "Loan Agreement)) by and
between the City and the Company. The Company will be required, pursuant to the
Loan Agreement, to make payments sufficient to pay when due the principal of,
premium, if any, and interest on the Bonds. The Bonds may be structured so as to
take advantage of whatever means are available or necessary and are permitted by
law to enhance the security for and marketability of the Bonds. Substantially all
of the net proceeds of the Bonds (the initial principal amount thereof, less
amounts deposited in a reasonably required reserve or paid out as costs of issuance
of the Bonds) will be used to pay the costs of the Project, including any
functionally related and subordinate facilities.
The Project will be undertaken to further the policies and goals stated in the
City's Housing Plan, under Minnesota Statutes, Chapter 462C and is consistent with
the City's Housing Plan. the City has adequate existing capacity to administer,
monitor and supervise the Project in order to ensure that the Project will be
consistent with the City's Housing Plan. The Company will construct the Project
in compliance with all applicable development restrictions, and all new
construction and rehabilitation of the existing buildings is subject to applicable
state and local building codes. The Company will be required to operate the
Project in accordance with state and local antidiscrimination laws and ordinances.
The costs of the Project and the Program undertaken to finance the Project,
including specifically the costs to the City, will be paid or reimbursed by the
Company.
Seconded by Councilmember Carlson Ayes - all
14 12-13-93
o. Council member Zappa introduced the following Resolution and moved its adoption:
93 - 12 - 170A
RESOLUTION AUTHORIZING THE ISSUANCE OF ELDER CARE FACILITY REVENUE BONDS,
_ SERIES 1993, TO FINANCE A PROJECT
AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH
(CARE INSTITUTE, INC. - MAPLEWOOD PROJECT)
BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows:
1. The Council has previously received a proposal from Care Institute, Inc. -
Maplewood, an Indiana nonprofit corporation (the "Company") that the City of
Maplewood (the "City") undertake a multifamily rental. housing development program
to finance a portion of the costs of a certain residential rental project as herein
described, pursuant to Minnesota Statutes, Chapter 462C (the "Act"), through the -
issuance by the City of its $13,000,000 Elder Care Facility Revenue Bonds, (Care
Institute, Inc. - Maplewood Project) Series 1993 (the "Bonds") and in accordance
with a Bond Purchase Agreement (the "Bond Purchase Agreement") between the City and
the Company, and A.'H. Williams & Co. Incorporated (the "Purchaser").
2. The Company desires to acquire a tract of land and construct and equip a 100 unit
elderly multifamily rental housing facility, along with related improvements, to
be located at the Southeast corner of Lakewood Drive and Maryland in the City of
Maplewood, Minnesota (the "Project"). The Project will provide rental housing to
elderly persons and will otherwise further the policies and purposes of the Act.
A public hearing on the Project and the housing program therefor was duly held by
the City Council on December 13, 1993. The findings made in the Preliminary
Resolution adopted by this City Council on December 13, 1993 with respect to the
Project and the Bonds are hereby ratified, affirmed and approved.
3. It is proposed that, pursuant to a Loan Agreement to be dated as of December 1,
1993, between the City as Lender and the Company as Borrower (the "Loan
Agreement"), the City loan the proceeds of the Bonds to the Company to finance in
part the costs of the Project. The Basic Payments to be made by the Company under
the Loan Agreement are fixed so as to produce interest on, and the purchase price
of, the Bonds when due. It is further proposed that the City assign its rights to
the Basic Payments and certain other rights under the Loan Agreement to American
National Bank and Trust Company a national banking association located in St. Paul,
Minnesota (the "Trustee") as security for payment of the Bonds under a Trust
Indenture dated as of December 1, 1993 between the City and the Trustee (the
"Indenture") and the Company grant a mortgage and security interest in the Project
- to the City pursuant to a Mortgage, Assignment of Leases and Rents, Security
Agreement and Fixture Financing Statement dated December 1, 1993 (the "Mortgage").
The Purchaser proposes to buy the Bonds pursuant to the Bond Purchase Agreement,
and to offer the Bonds for sale to the public pursuant to an Official Statement to
be dated on or about the date of the delivery of and payment for the Bonds (the
"Official Statement").
4. The operation and occupancy of the Project will be subject to the terms and
conditions of a Regulatory Agreement dated as of December 1, 1993, between the
City, the Trustee and the Company (the "Regulatory Agreement") and a Declaration
of Restrictive Covenants (the "Declaration") dated as of December 1, 1993, executed
by the Company and recorded as covenants and restrictions running with the land on
which the Project is to be located. The Bond Proceeds loaned pursuant to the Loan
Agreement will be used to fund a mortgage loan made to the Company to finance the
acquisition, construction and installation of the Project and to fund a reserve
fund.
5. This Council, by action taken on December 13, 1993 gave preliminary approval (the
"Preliminary Resolution") to the proposal for the Project and the financing program
therefor. The findings of the City Council of the City made in the Preliminary
Resolution with respect to the Project are hereby ratified, affirmed and approved.
15 12-13-93
6. Forms of the following documents relating to the Bonds have been submitted for
review to the City Attorney and to the City Council for approval:
(a) the Loan Agreement;
(b) the Indenture;
(c) the Mortgage (not executed by the City);
(d) the Regulatory Agreement;
(e) the Declaration (not executed by the City);
(f) the Bond Purchase Agreement; and
(g) the Official Statement (not executed by the City).
7. It is hereby found, determined and declared that:
(a) the. Project described in the Loan Agreement and Indenture referred to
above constitutes a Project authorized by *he Act and the housing program
for the Project is authorized by the Act;
(b) the purpose of the Project and the housing program for the Project is, and
the effect thereof will be, to promote the public welfare by the
construction, installation and equipping of a rental housing facility for
assisting elderly persons within the City to obtain decent, safe and
sanitary housing at rentals they can afford;
(c) the Project is to be located within the City limits, at a site which is
easily accessible to persons residing within the City and the surrounding
communities;
(d) the acquisition, construction and installation of the Project, the
issuance and sale of the Bonds, the execution and delivery by the City of
the Loan Agreement, the Indenture, the Regulatory Agreement and the Bond
Purchase 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 regwired 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;
(e) it is desirable that the Company be authorized, in accordance with the
provisions of the Act and subject to the terms and conditions set forth
in the Loan Agreement, the Regulatory Agreement and the Declaration (which
terms and conditions the City determines to be necessary, desirable and
proper), to construct and install the Project by such means as shall be
available to the Company and in the manner determined by the Company, and
with or without advertisement for bids as required for the acquisition and
installation of municipal facilities;
(f) it is desirable that the Bonds be issued by the City upon the terms set
forth in the Indenture;
(g) 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, Mortgage, Regulatory
Agreement, Declaration 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 Loan Agreement, Mortgage, Regulatory
Agreement, Declaration and Indenture; and
16 12-13-93
(h) 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 or its political subdivision within the meaning of any constitutional
or statutory limitation.
8. Subject to the approval of the City Attorney and the provisions of paragraph 12
hereof, the forms of the Agreements and exhibits thereto and all other documents
described in paragraph 6 hereof are approved substantially in the form submitted
and on file in the office of the City Clerk, with such subsequent changes as may
be approved by the City and the City Attorney. 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 or 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.
9. The City hereby consents to the distribution of the Official Statement. The City
has not prepared nor made any independent investigation of the information
contained in the Official Statement (other than the section therein captioned "The
Issuer") and takes no responsibility for such information.
10. The Bonds shall be in the principal amount and shall bear interest at the rate or
rates established by the Mayor and agreed to by the Purchaser and Company, but in
no event shall the principal amount of the Bonds exceed $13,000,000 and the
interest rate or rates to be fixed at rates which would cause the net interest cost
of the Bonds to exceed nine percent (9.00%). The rate or rates so established
shall be set forth in the Indenture prior to its execution.
11. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms
set forth in the Indenture. The Mayor and 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 Purchaser.
12. The Mayor and City Clerk and other appropriate 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 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.
13. The approval hereby given tot he Agreements and the various other documents
referred to in paragraphs 7 and 9 above includes approval of (a) 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, the City Attorney and the City officials authorized
17 12-13-93
herein to execute said documents, agreements or certificates as may be necessary
and appropriate in connection with the Agreements and with the issuance and sale
of the Bonds and approved by Bond Counsel, the City Attorney and City officials
authorized herein to execute said documents prior to their execution; and said City
Attorney 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.
14. The Company shall enter into various agreements with the City which shall impose
the following restrictions on the Company and the Project:
(a) Construction must begin by December 13, 1994. The City Council may gram
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 the hiring or firing of
employees on the basis of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance,
disability or age.
(ii) the contractor shall compensate employees with wages and financial
remuneration as provided under the United States Code, 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 80% 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
as of the date of this resolution. 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
apprentice program, 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) The Company shall pay an administrative fee to the City at closing
calculated in accordance with the City's tax-exempt revenue requirements.
(d) The Company shall comply with the City's tax-exempt revenue requirements,
including the optional design requirements.
Seconded by Council member Carlson Ayes - all
p. Council requested the developer have an open house when the project is
complete.
18 12-13-93
2. 7:20 P.M. (8:15 P.M.): Conditional Use Permit - Christ United Methodist Church
a. Mayor Bastian convened the meeting for a public hearing regarding a request
from Christ United Methodist Church for a conditional use permit to operate a
pre-school day care facility.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Commissioner Sherry Allenspach presented the Planning Commission report.
e. Boardmember Roger Anitzberger presented the Community Design Review Board
report.
f. Acting Mayor Juker evened the public hearing, calling for proponents or
opponents. The following persons were heard:
Richard Sawyer, Chairman of the project.
g. Acting Mayor Juker closed the public hearing.
h. Council member Zappa introduced the followin4 Resolution and moved its adoption:
93 - 12 - 171
CONDITIONAL USE PERMIT FOR BUILDING ADDITION
WHEREAS, Christ United Methodist Church applied for a conditional use permit
to build an addition onto the church and a pre-school day care center.
WHEREAS, this permit applies to 2500 Hudson Place. The legal description is:
Section 1, Township 28, Range 22, subject to highway and pipeline easement, part
southeasterly of Heckeroth Addition and northerly of aline running southeasterly
from a point on the southeasterly line of said addition and 460 39/100 feet
southwesterly thereon from the north line of the northwest 1/4 to point on the east
line of and 505 13/100 feet south from the northeast corner of said 1/4 of the
northeast 1/4 of the. northwest 1/4 of Section 1, Township 28, Range 22.
WHEREAS, the history of this conditional use permit is as follows:
1. On December 6, 1993, the Planning Commission recommended that the City
Council approve this permit.
2. On December 13, 1993, the City Council held a public hearing. City staff
published a notice in the paper and sent notices to the surrounding
property owners as required by 1 aw. 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.
19 12-13.93
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 site plan that the City stamped November
9, 1993 and the landscape plan faxed on November 18, 1993. The City
Council may approve maJor changes, after a public hearing and
recommendation from the Community Design Review Board. The Director of
Community Development may approve minor changes.
2. The City Council shall not review this permit again unless there is a
problem.
Seconded by Councilmember Carlson Ayes all _
3. 7:30 P.M. (8:21 P.M.): Phalen Lake Townhomes
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal
to build 184 town homes at the southwest corner of Frost Avenue and English
Street.
- b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Commissioner Sherry Allenspach presented the Planning Commission report.
e. Boardmember Roger Anitzberger presented the Community Design Review Board
report.
f. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
John Peterson, Good Value Homes
Jonus Klober, 1199 Ripley Avenue
Susan Broin, 1221 Ripley Avenue
Pat Svendson, 1133 Ripley Avenue
Carl Miles, 1280 Frisbie
Jeff Schoenwetter, representing K & J
20 12-13-93
g. Mayor Bastian closed the public hearing.
Land Use Plan Change (4 Votes)
h. Councilmember Zappa moved to change the Land Use Plah to have R3M for the
entire area.
MOTION DIED FOR LACK OF A SECOND
i. Councilmember Zappa moved to deny the land use plan changes for this property.
Seconded by Councilmember Carlson
j. Councilmember Juker moved to table this item until January 24. 1994 to allow
the developer to review the plans.
Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
Items tabled:
- Land Use Plan Change (4 Votes)
Zoning Map Change (4 Votes)
Street Vacation
Zoning Map Change (4 Votes)
Street Vacation
Variances
Preliminary Plat
Building and Site Plans
4. 7:40 P.M.: Liquor License - Bali Hai (Wong)
a. Mayor Bastian convened the meeting for a public hearing regarding an
application for a liquor license.
b. Manager McGuire presented the staff report.
c. Director of Public Safety Collins presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Mr. Wong, the applicant
e. Mayor Bastian closed the public hearing.
f. Councilmember Zappa introduced the following Resolution and moved its adoption:
93 - 12 - 172
APPROVING LIQUOR LICENSE - WONG
NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City
of Maplewood on December 13, 1993, an On-Sale Intoxicating Liquor License was
approved for Albert Yuk Ming Wong doing business under the name of Bali Hai at 2305
White Bear Avenue.
The Council proceeded in this matter as outlined under the provisions of the
City Ordinance.
Seconded by Mayor Bastian Ayes all
21 12-13-93
5. 7:50 P.M. (9:38 P.M.): Liquor License - Bleachers (Yantes)
a. Mayor Bastian convened the meeting for a public hearing regarding an
application or a liquor license.
b. Manager McGuire presented the staff report.
c. Director of Public Safety Collins presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Steven Yantes, the applicant
Gary Yantes, partner in the business
Ralph Yantes, Oakdale
e. Mayor Bastian closed the public hearing.
f. Councilmember Rossbach introduced the followin4 Resolution and moved its
adoption:
93 - 12 - 173
APPROVING LIQUOR LICENSE - YANTES
NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City
of Maplewood on December 13, 1993, an On-Sale Intoxicating Liquor License was
approved for Steven Gary Yantes doing business under the name of Bleachers at 2220
White Bear Avenue.
The Council proceeded in this matter as outlined under the provisions of the
City Ordinance.
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach
Nays - Councilmembers Juker, Zappa
6. 8:00 P.M. (10:25 P.M.): Cave's English Street Third Addition
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal
by Cave and Associates, Ltd. for a preliminary plat for thirteen homes south
of County Road B and east of English Street.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Commissioner Allenspach presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Sam Cave, representing the applicant
Bruce Carlson, 2137 English Street
Helen Johnson, 2174 English Street
Jules Loip, 2156 English Street
Mr. Burral, 2200 English Street
f. Mayor Bastian closed the public hearing.
22 12-13-93
Easement Vacation (4 Votes)
g. Councilmember Zappa moved to denv the easement vacation because this pond is
part of the Citv's storm water drainage svstem• the City built this pond as
part of the footprint Lake improvement~roiect with monev from assessments and
state aid' the Ramsev Washington Metro Watershed District has identified this
pond as part of their Stormwater Runoff and Water Quality Management Plan: and
this-pond is needed to plat lots on this property
Seconded by Councilmember Carlson Ayes - all
Preliminary Plat
h. Councilmember Zappa moved to denv the preliminarv plat because it shows lots
on a City drainage pond.
Seconded by Councilmember Carlson Ayes all
COUNCILMEMBER ZAPPA MOVED TO SUSPEND THE RULES OF PROCEDURE AND CONTINUE THE
MEETING TO THE END OF THE AGENDA.
SECONDED BY MAYOR BASTIAN AYES - MAYOR BASTIAN, COUNCILMEMBERS
ROSSBACH, ZAPPA
NAYS - COUNCILMEMBERS CARLSON, JUKER
H. AWARD OF BIDS
1. Maplewood-in-Motion..
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the following Resolution and moved its
adoption:
93 - 12 - 174
AWARD OF BID - MAPLEWOOD IN MOTION'
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Nystrom Printing Company in the amount of 829,753.92 plus additional costs is
the lowest responsible bid for printing twelve 1994 newsletters, 16 pages per issue
through May, 1994 and 20 pages per issue from June 1994 through January 1995 and
simplified mailing services. The Mayor and Clerk are hereby authorized and directed
- to enter into a contract with said bidder for and on behalf of the City.
Seconded by Mayor Bastian Ayes - all
I. UNFINISHED BUSINESS
1. Ambulance Bill - Application for Cancellation (Walters)
a. Manager McGuire presented the staff report.
b. Councilmember Juker moved to denv the application to cancel the bill for Eugene
C. Walters.
Seconded by Councilmember Zappa Ayes - Council members Juker, Zappa
Nays - Mayor Bastian, Council members
Carlson, Rossbach
MOTION FAILED
23 12-13-93
c. Mayor Bastian moved to authorize the cancellation of the ambulance bill.
Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmember
Carlson, Rossbach
Nays - Councilmembers Juker, Zappa
2. Ambulance Bill - Application for Cancellation (Persby)
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to denv the request to cancel the ambulance bill for
Stanley J. Persbv.
Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers
Juker, Zappa
Nays - Councilmembers Carlson, Rossbach
3. Reduced Setback: 1191 South Century Avenue (Valiukas)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the report.
c. Director of Public Works Haider presented the additional information.
d. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following were heard:
Henri Valiukas, 1191 So. Century
Keith Libby, 1195 So. Century
Jay Libby, 2591 Carver
e. Councilmember Zappa moved to table this item and refer the Libbys and Valiukas
to the Dispute Resolution Center.
Seconded by Councilmember Carlson
f. Councilmember Zappa withdrew his motion.
g. Councilmember Zappa moved to denv the setback variance.
Seconded by Councilmember Juker Ayes - Councilmember Zappa
Nays - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
h. Mayor Bastian moved to approve a variance for reduced setback.
Seconded by Councilmember Carlson Ayes Mayor Bastian,. Councilmember
Carlson
Nays Councilmembers Juker, Rossbach,
Zappa
i. Mayor Bastian moved to table this item to the first meeting in January.
Seconded by Councilmember Zappa Ayes Mayor Bastian, Councilmember-
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
24 12-13-93
4. Truth-in-Housing Ordinance - 2nd Reading
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the report.
c. Commissioner Fischer presented the Housing and Redevelopment Authority report.
d. Councilmember Zappa moved approval of proposed Section 9-237(b).
Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Rossbach
Nays - Mayor Bastian, Councilmembers
Juker, Zappa
MOTION FAILED
e. Councilmember Zappa moved approval of proposed Section 9-243.
Seconded by Councilmember Carlson Ayes - all
f. Councilmember Zappa introduced the following Ordinance and moved its adoption:
ORDINANCE NO. 717
AN ORDINANCE CHANGING THE TRUTH-IN-HOUSING ORDINANCE
The Maplewood City Council approves the following ordinance:
Section 1. This section adds Section 9.243 as follows:
Section 9-243. Violations.
Any person fai 1 i ng to meet and follow the provisions of thi s arti cl e shal 1 be
guilty of a misdemeanor and shall be subject to prosecution.
Section 2. This ordinance shall take effect after the City publishes it.
Seconded by Councilmember Carlson Ayes - all
5. Building Relocation Ordinance - 2nd Reading
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to table action on the proposed ordinance.
Seconded by Councilmember Carlson
c. Councilmember Rossbach moved to table only Item A - sod or seed.
Seconded by Councilmember Zappa
d. Councilmember Zappa moved to table.
Seconded by Councilmember Carlson Ayes - all
25 12-13-93
J. NEW BUSINESS
1. City Clerk Department User Fee Study
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./The following was/were heard:
d. Councilmember Zappa moved to approve the following license/permit fees and
service charges for 1994:
Alarm System $ 39
Amusement Park 265
Auctioneer License 75
Billboard License 270
Block Party License 25
Carnival License 260
Cat License 15
Christmas Tree Sales 157
Cigarette & Tobacco 42
Coin Operated Amusement Device:
Base Fee 155
Per Device 40
Contractor's License 88
Dog Kennels - New 57
Dog Kennels - Renewal 29
Dog License 15
Food Establishment 220
Golf Course 224
Home Occupation Renewal 87
Itinerant Food Establishment 51
Liquor License Investigation Fee 702
3.2 Beer Off-Sale 44
3.2 Beer On-Sale 162 -
Motor Vehicle Repair 110
Pawn Shop/Second Hand Dealer 141
Pending Assessment Search 32
Personal Service - Investigation Fee 494
Personal Service - License 151
Sewer Connection 64
Solicitor License
_ Base Charge 117
Each Solicitor 42
Swimming Pool Indoor 81
Swimming Pool - Outdoor 81
Swimming Pool - Combination 110
Tavern License 41
Taxicab License
Base Charge 43
_ Each Driver 17
Temporary Food & Beer 37
Theater - Indoor 159
Theater - Outdoor 388
Truth-in-Housing Filing 22
TIH Evaluators License 82
Used Car Dealer 226
Bench Permit
First Bench 48
Additional Benches 27
26 12-13-93
Catering Food Vehicle
First Vehicle 88
Each Additional Vehicle 59
Fleet 236
Nonperishable Food Vehicle
First Vehicle 51
Each Additional Vehicle 30
Fleet 120
Potentially Hazardous Food Vehicle
First Vehicle 124_
Each Additional Vehicle 59
Fleet 354
Service Station
First Pump 86
Each Additional Pump 11
Trailer Rental
First Five Trailers 30
Each Additional Trailer 9
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Zappa
Nays - Councilmembers Juker, Rossbach
2. Renaming Curve Street..
a. Manager McGuire presented the staff report.
b. City Clerk Aurelius presented the specifics of the report. `
c. Mayor Bastian moved to approve renaming Curve Street north of Larpenteur Avenue
to Hagen Drive.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Juker
Nays - Councilmembers Rossbach, Zappa
3. Charitable Gambling Permit Application - Maplewood Athletic Association
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the following Resolution and moved its adoption:
93 - 12 - 175
APPROVING CHARITABLE GAMBLING - MAPLEWOOD ATHLETIC ASSOCIATION
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the
premises permit for lawful gambling is approved for the Maplewood Athletic
Association, Inc. to be located at T-Birds (The Bird), 3035 White Bear Avenue.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as
being in compliance with Minn. Statutes No. 349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
Seconded by Councilmember Rossbach Ayes all
27 12-13-93
4. Carver Avenue-Sterling Street Study
a. Mayor Bastian moved to table this item.
Seconded by Councilmember Carlson Ayes all
5. McGruff House
a. Councilmember Zappa moved to donate $200 00 from the Charitable 6ambling Fund
to the North St. Paul Police Department for the Mc6ruff House.
Seconded by Councilmember Carlson Ayes - all
K. VISITOR PRESENTATIONS
NONE
M. ADMINISTRATIVE PRESENTATIONS
1. 2442 Keller Parkway
a. Councilmember Zappa stated that in August the Council moved to order sewer
installation at 2442 Keller Parkway.
b. Councilmember Zappa moved to instruct staff to take legal action to install the
sewer by January 1 1994 at 2442 Keller Parkway.
Seconded by Councilmember Carlson - Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Zappa
Nays - Councilmember Rossbach
2. Baltic Project
a. Councilmember Juker moved a report be prepared by next meeting on the Baltic
Pro.iect.
3. Cable TV - SCC
a. Mayor Bastian stated he received a letter that the SCC Staff is indicating they
have been discriminated against.
b. Mayor Bastian directed staff to'investigate.
Seconded by Councilmember Zappa Ayes all
4. Woodbury Interchange
r
a. Mayor Bastian stated the Federal judge dismissed the suit filed by the Woodbury
Interchange group.
b. Mayor Bastian moved to direct staff to investigate the details of the
dismissal.
Seconded by Councilmember Juker Ayes all
pg 12-13-93
M. ADMINISTRATIVE PRESENTATIONS
1. Open Space Update
a. Manager McGuire presented the staff report.
N. ADJOURNMENT OF MEEFING
12:08 A.M.
~~o~>~/f i lrC~ . G%C~~
Lucille E. Aurelius .
City Clerk
2g 12-13-93