HomeMy WebLinkAbout12-19-1994 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, December 19, 1994
Council Chambers, Municipal Building
Meeting No. 94-26
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
_ Marvin C. Koppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council/Manager Meeting of December 5, 1994
Councilmember Carlson moved to approve the minutes of the Council/Manager
Meeting of December 5, 1994 as presented.
Seconded by Councilmember Allenspach Ayes - all
2. Minutes of Meeting 94-25, (December 12, 1994) ~
Councilmember Rossbach moved to approve the minutes of Meeting No. 94-25 ~
(December 12. 1994) as corrected:
Page 28 - "TO COMPLETE ITEM J-1
Seconded by Councilmember Allenspach Ayes - all
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as submitted.
L1 Mayor's Update
L2 Manager's Evaluation
Seconded by Councilmember Rossbach Ayes - all
12.19-94 1
EA. PRESENTATIONS
1. Metro East
a. Manager McGuire presented the staff report.
b. The representative from Metro East Development Council presented
information about the Economic Development Study, Phase I.
c. Councilmember Koppen moved to re.ioin Metro East for one year at the $500
rate.
Seconded by Councilmember Carlson Ayes - all
d. Mayor Bastian moved to appoint Councilmember Koppen to represent
Maplewood at Metro East.
Seconded by Councilmember Carlson Ayes - all
F. CONSENT AGENDA:
Councilmember Koppen moved, seconded by Councilmember Carlson: ayes - all.
to approve the Consent Agenda, Items F•1 thru F•11 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $1,072,768.56 Checks #3483 - #3537
Dated 12- 1-94 thru 12- 7-94
$ 224.773.36 Checks #15831 - #15948
Dated 12-19.94
$1,297,541.92 Total Accounts Payable
2. Mapleleaf Estates
- Councilmember Rossbach moved to approve the amendment to the proposed
variance.
Seconded by Mayor Bastian Ayes - all
94 - 12 - 162
VARIANCE RESOLUTION
WHEREAS, Dennis Gonyea applied for a variance from the subdivision
ordinance.
12.19-94 2
WHEREAS, this variance applies to the proposed cul-de•sac at the east
end of Demont Avenue.
WHEREAS, Section 30-8(b)(3) of the Maplewood Code of'Ordinances requires
a right-of•way diameter of 120 feet for cul-de-sacs.
WHEREAS, the applicant is proposing a diameter of 100 feet.
WHEREAS, this requires a variance of twenty feet.
WHEREAS, the history of this variance is as follows:
1. On October 3, 1994, the Planning Commission recommended that the
City Council approve this variance.
2. On October 24, 1994, the City Council held a public hearing. The
City staff published a notice in the Maplewood Review and sent
notices to the surrounding property owners. 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 variance would save part of a wetland.
2. The City Engineer stated that the cul•de-sac would be large
enough for snow-plowing.
Approved the following parts of the Mapleleaf Estates preliminary plat
(received by the City on July 26, 1994):
Block 1; Block 2, Lots 1-17; Block 3; Block 4, Lots 1-4 and
Block 5, Lots 1-7.
If the City buys the west half of the plat for open space, the preliminary
plat shall also include the Cypress Street connection to Gervais Avenue as
shown on the attached Exhibit A. Table the remaining parts of the plat until
February 13, 1995. Before the City Council approves the final plat, a
developer shall complete the following conditions:
1. Sign an agreement with the City that guarantees that the developer or
contractor will:
a. Complete all grading for overall site drainage, complete all
public improvements and meet all City requirements.
12.19.94 3
b.* Place temporary orange safety fencing and signs at the grading
limits.
c. Pay the City for the cost of traffic-control and street
identification signs.
d. Install permanent signs around the edge of the wetland buffer
easements. These signs shall mark the edge of the easements and
shall state there shall be no mowing, vegetation cutting,
filling or dumping.
e. Install survey monuments along the wetland boundaries.
f. Have NSP install street lights. The location. and type of lights
shall be subject to the City Engineer's approval.
2. The developer shall complete all grading for public improvements and
overall site drainage. The City Engineer shall include in the
developer's agreement any grading that the developer or contractor has
not completed before final plat approval.
3.* Have the City Engineer approve final construction and engineering plans.
These plans shall include: grading, utility, drainage, erosion control,
tree, trail and street plans. The plans shall meet the following
conditions:
a. The erosion control plan shall be consistent with the Ramsey
Soil and Water Conservation District Erosion and Sediment
Control handbook.
b. The grading plan shall:
1) Include proposed building pad elevation and contour
information for each home site.
2) Include contour information for the land that the street
construction will disturb.
3) Show sedimentation basins as required by the watershed
board.
c. The drainage plan shall show catch basins between Lots 5 and 10,
Block 3 and dedicate necessary easements for these drains and
pipes.
d. Provide storm water storage and/or an off-site outlet pipe
between Outlots A and B, based on a drainage study done by the
developer's engineer. The City Engineer shall approve the exact
location, capacity and outlet for this storage. If the City
requires more pond capacity, the developer may have to drop
lots. The lots shall meet the Shoreland requirements.
e. Provide adequate storm water capacity for the wetlands on Lots
19 and 26, Block 2. The developer's engineer shall provide a
drainage study to determine adequate capacity. The City Engineer
shall approve the exact location, capacity and outlet for these.
If the City requires more pond capacity, the developer may have
to drop a lot(s).
12-19.94 4
f. The tree plan shall show the size, species and location of any
trees that the developer will plant as replacement trees.
g. The developer shall relocate the existing water line between
Lots 7 and 8, Block 5 and abandon the remaining line.
4. Show the following changes on the final plat:
a. Show drainage and utility easements along all property lines on
the final plat. These easements shall be ten feet wide along the
front and rear property lines and five feet wide along the side
property lines.
b. Change Street C to Demont Avenue and change Street D to Adele
Street.
c. Drainage easements for drainage areas and wetlands that this
project would affect. This shall include an easement on the lot
that will be south of Lot 19, Block 2.
d. Drop Lots 1, 2 or 3 from Block One or channel the drainage
between Outlots A and B through a drainage pipe.
e. Redesign the Demont Avenue/Cypress Street intersection to cul-
de-sac Demont Avenue.
f. If the developer sells the west half of the site to the City, he
may extend Cypress Street to Gervais Avenue as shown on the
attached Exhibit A. All lots must have at least 10,000 square
feet above any drainage easement.
5. Show the wetland boundaries on the final plat as approved by the
Watershed District.
6.* Provide all easements required by the City Engineer. These shall
include:
a. Give the City wetland easements over the wetlands. These
easements. shall cover the wetlands and any land within twenty
feet surrounding a wetland. The easement shall prohibit any
building or structures within twenty feet of the wetland or any
mowing, cutting, filling or dumping within ten feet of the
wetland or within the wetland itself. The purpose of this
easement is to protect the water quality of the wetlands from
homeowners' fertilizer and to protect the wetland habitat from
residential encroachment.
b. Drainage easements for the off•site drainage areas and wetlands
that this project would affect. This shall include an easement
on the lot that will be south of Lot 19, Block 2.
If the developer decides to final plat part of the preliminary plat, the
City may waive any conditions that do not apply to the final plat.
* The developer must complete these conditions before the City issues a
grading permit or approves the final plat.
12-19-94 5
Approved a setback of 99 feet for Lot 12, Block 5 and a setback of 71 feet
for Lot 13, Block 5 as shown on the attached Exhibit A. These setbacks are
needed to save the wetland on the front of these lots.
3. Ambulance Bill - Application for Cancellation
Authorized cancellation, on the basis of hardship, of the remaining $196.35
balance of an ambulance bill for June M. Baker.
4. Budget Transfer for Finance Department
Authorized a $1,500 1994 Budget .transfer from the General Fund Contingency
Account to the Accounting Division of the Finance Department, to finance
overtime required due to Community Center operations.
5. Financial Transfer to Close Improvement Project 93-10
Authorized a 1994 Budget transfer of $3,043.07 from the General Fund to the
fund for Project 93-10 to cover the costs incurred for the feasibility
report on the improvement of Sterling Street between Larpenteur and
Holloway. The proposal was rejected and this transfer will close the
project.
6. 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 over the terms of the bonds that were issued to finance
the improvements:.
FROM TO .DEBT SERVICE FUNDS
$ 37,480 Hydrant Fund 1977 Bonds (314)
6,520 Hydrant Fund 1979 Bonds (316)
2,230 Sewer Fund 1979 Bonds (316)
21,840 Hydrant Fund 1988 Bonds (318)
44.230 Hydrant Fund 1990 Bonds (322)
$112,300
7. Budget Transfer for City Clerk's Office
Authorized a $1,290.04 1994 Budget transfer from the General Fund
Contingency Account to Accounts 101-301-000.4120 ($399.00) and Account 101-
302-000-4020 ($891.04) to cover the costs incurred during changeover and
training for the new sewer billing computer system.
12.19.94 6
8. Non-Union General Wage Increase
Authorized a general wage increase of 3.5i, effective January 1, 1995, for
the following non-union positions:
City Manager Assistant City Manager City Clerk
Human Resource Director Finance Director Fire Marshal
Assistant Fire Marshal Parks & Rec Director Exec. Secretary
Public Safety Director Police Captains MIS Coordinators
Public Works Director Community Dev. Director Athletic Coordinator
Emergency Mgmt. Dir. Asst. Emergency Mgmt. Dir.
9. 3-M Contract
Reviewed ahd approved the 1995 Agreement between Maplewood, the 3M Company
and the City of St. Paul for coverage of fire services, emergency medical
services and hazardous materials handling.
10. Temporary and Seasonal Wage Resolution
94 - 12 - 163
TEMPORARY AND SEASONAL WAGE RESOLUTION
WHEREAS, according to the Minnesota Public Employees Labor Relations
Act, part-time employees who do not work more than 14 hours per week and
temporary/seasonal employees who work in positions that do not exceed 67
days in a calendar year are not public employees and are therefore not
eligible for membership in a public employee union.
NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job
classifications are hereby established for temporary/seasonal and part-time
(14 hour or less) employees effective December 19, 1994.
12-19-94 7
Recreation Instructor $ 5.00.30.00 per hour
Rink Attendant $ 5.00. 7.00 per hour
Recreation Leader/Official $ 5.00.20.00 per hour
Accountant $ 8.00-14.00 per hour
Administrative Assistant $ 9.00-15.00 per hour
Secretary $ 8.50-11.50 per hour
Accounting Clerk $ 6.50-12.00 per hour
Clerk-Typist $ 7.50.10.50 per hour-
- Laborer $ 6.50- 9.00 per hour
Engineering Aide $ 7.00-10.00 per hour
Building Maintenance
Assistant/Attendant $ 5.50- 8.50 per hour.
Receptionist $ 7.50-10.50 per hour
Park Maintenance Assistant $ 6.00- 9.00 per hour
Video Coordinator $ 9.00-12.00 per hour
Video Technician $ 8.50-11.00 per hour
Election Judge $ 6.25 per hour
Election Precinct Chairman $ 6.50 per hour
Intern I $ 6.00- 9.00 per hour
Intern II $ 9.00-11.00 per hour
Intern III $11.00-14.00 per hour
Customer Service Assistant $ 6.00- 8.00 per hour
Child Care Provider $ 6.00- 7.50 per hour
Custodian Maintenance Worker $ 8.00.10.50 per hour
Lifeguard $ 6.00.10.00 per hour
Water Safety Instructor (WSI) $ 6.00- 8.00 per hour
WSI & Head Lifeguard Differential $ 1.00 per hour
(Lifeguards or WSIs working as Head
Lifeguards; Lifeguards working as WSIs)
BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the
pay rate within the above ranges.
11. Resolutions of Appreciation - Human Relations Commission
94 - 12 - 164
RESOLUTION OF APPRECIATION - SHELLY STRAUSS
WHEREAS, Shelly Strauss became a member of the Human Relations
Commission of Maplewood, Minnesota, in July 1993 and has served faithfully
in that capacity; and
WHEREAS, she has given her time and energy without compensation for the
betterment of the City of Maplewood; and
WHEREAS, she has shown dedication to her duties and has contributed her
leadership and effort for the benefit of the City.
12-19-94 8
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and the citizens of the City, that Shelly Strauss is
hereby extended our gratitude and appreciation for her service, and we wish
her continued success in the future.
94 - 12 - 165
RESOLUTION OF APPRECIATION- PAT WILLIAMSON
WHEREAS, Pat Williamson became a member of the Human Relations
Commission of Maplewood, Minnesota, in January 1980 and has served
faithfully in that capacity; and
WHEREAS, she has given her time and energy. without compensation for the
betterment of the City of Maplewood; and
WHEREAS, she has shown dedication to her duties and has 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 Pat Williamson is
hereby extended our gratitude and appreciation for her service, and we wish
her continued success in the future.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:23 P.M.): Lot Width Variance and Lot Division - 666 Co. Rd. B & 669
Eldridge Ave.
a. Mayor Bastian convened the meeting for a public hearing regarding a
request from the City and County Employees Credit Union for a lot
division and lot-width variance.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
- report.
d. Commissioner Fischer presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following was heard:
Sheldon Sanborn, City & County Credit Union, the applicants
f. Mayor Bastian closed the public hearing.
g. Councilmember Koppen introduced the following Resolution and moved its
adoption:
94 - 12 - 166
VARIANCE RESOLUTION
WHEREAS, the City and County Employees Credit Union applied for a
variance from the zoning ordinance.
12.19.94 9
WHEREAS, this variance applies to the property at 669 Eldridge Avenue.
The legal description is:
Lot 13, Block 5, Little's Third Addition
WHEREAS, Section 36-69 of the Maplewood Code of Ordinances requires a
minimum lot width of 75 feet at the building setback line for single
dwellings.
WHEREAS, the applicant is proposing to move a property line to make the
lot 60 feet wide at the building setback line.
WHEREAS, this requires a variance of 15 feet.
WHEREAS, the history of this variance is as follows:
1. On December 5, 1994, the Planning Commission recommended that
the City Council approve this variance.
2. On December 19, 1994, the City Council held a public hearing.
The City staff published a notice in the Maplewood Review and
sent notices to the surrounding property owners. 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 problem is due to circumstances unique to the property that
the current owner did not cause.
2. The variance would not alter the neighborhood character since it
would not change the appearance of the lots.
3. The variance is in keeping with the spirit and intent of the
ordinance.
Seconded by Councilmember Rossbach Ayes - all
h. Councilmember Koppen moved to approve the lot division to move the
property line between 666 County Road B and 669 Eldridge Avenue as shown
on the map on page 7 of the staff report. The approval is sub.iect to
the owner recording the deeds for the lot division within one var.
unless the City approves a time extension. y gr~~2~
Seconded by Councilmember Rossbach Ayes - all
H. AWARD OF BIDS
1. Maplewood in Motion
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the
report.
12-19.94 10
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
d. Councilmember Rossbach moved to award the 1995 Maplewood in Motion
,printing to Nystrom Printing in the amount of $41,387.90 as the lowest
responsible bidder.
Seconded by Councilmember Allenspach Ayes - all
I. UNFINISHED BUSINESS
1. Carver Elementary School - Agreement
a. Manager McGuire presented the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Ed Vitek, 2587 Upper Afton Road
Bill Gaslin, Superintendent of School District 622
- c. Councilmember Koppen moved to authorize Bid Options #l of 3.600 square
feet at an estimated cost of 8325,000 and #2 for an additional 2,400
square feet at an estimated cost of 8215,000.
Seconded by Councilmember Carlson Ayes - all
d. Mayor Bastian moved to table the remainder of this issue to after I-3.
Seconded by Councilmember Carlson Ayes all
2. Maplewood Townhouses: 11th Ave. & Ariel Street.
a. Manager McGuire presented the staff report.
_ b. Director of Community Development Olson presented the specifics of the
report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Garrett Carlson, Shelter Corporation, the applicant
Rick Kohn, Co-owner of Shelter Corporation
Patricia Kamrath, 2499 Ariel
Louis Kamrath, 2499 Ariel
The resident at 2466 Ariel Street
Michael Kuralle, 2066 Flanders Road
Land Use Plan Change (requires at least 4 votes):
d. Councilmember Carlson introduced the following Resolution and moved its
adoption with the condition .that if a building permit is not obtained
by June 26 1994 the matter will be brought back before the Council:
12.19.94 11
94 12 - 167..._
LAND USE PLAN CHANGE RESOLUTION
WHEREAS; the Shelter corporation applied for a change to the City's land
use plan from LBC (limited business commercial) to R-3H (high-density
multiple dwellings).
WHEREAS, this change applies to the north side of 11th Avenue, west of
Ariel Street. The legal description is:
The East 347 feet of the NE 1/4 of SE 1/4 of NW i/4 in
Section 11, Township 29, Range 22, except the North 278.94
feet thereof.
WHEREAS, the history of this change is as follows:
1. On November 7, 1994 the Planning Commission held a public
hearing. 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 land
use plan change.
2. On November 28, 1994 the City Council discussed the land use
plan change. 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:
a. It would be consistent with the Comprehensive Plan's goals and
policies.
b. It would be consistent with the property planned for R-3H to the
north.
c. The present LBC (limited business commercial) land use
classification could generate more traffic than town houses.
Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen,
Nays Councilmember Rossbach
Zoning Map Change (requires at leave 4 votes).
e. Councilmember Carlson introduced the followin4 Resolution and moved its
adoption:
94 - 12 - 168
ZONING MAP CHANGE RESOLUTION
WHEREAS, the Shelter corporation applied for a change in the zoning map
from F (farm residential) to R-3 (multiple dwelling residential).
12-19-94 12
WHEREAS, this change applies to the northwest corner of Ariel Street and
11th Avenue. The legal description is:
The East 370 feet of the NE 1/4 of SE 1/4 of NW 1/4 in
Section 11, Township 29, Range 22, except the North 278.94
feet thereof.
WHEREAS, the history of this change is as follows:
1. On November 7, 1994 the Planning Commission recommended that the
City Council approve the change.
2. On November 28, 1994 the City Council held a public hearing.
The City staff published a notice in the Maplewood Review and
sent notices to the surrounding property owners. 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 change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and
intent of the zoning code.
2. The proposed change will not substantially injure or detract
from the use of neighboring property or from the character of
the neighborhood, and that the use of the property adjacent to
the area included in the proposed change or plan is adequately
safeguarded.
3. The proposed change will serve the best interests and
conveniences of the community, where applicable, and the public
welfare.
4. The proposed change would have no negative effect upon the
logical, efficient, and economical extension of public services
and facilities, such as public water, sewers, police and fire
protection and schools.
Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen,
Nays - Councilmember Rossbach
3. Sign Size Variance: United Artists/Maplewood II; 1793 Beam Avenue
a. Manager McGuire presented the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
c. Mayor Bastian moved to table this item indefinitely as requested by the
applicant.
Seconded by Councilmember Carlson Ayes - all
12-19-94 13
1. Carver Elementary School - Agreement (Continued)
e. 1) The City agrees to pay architectural fees of $39,000 if both options
#1 and #2 are accepted by the City Council.
2) In the event the City Council accepts Option #1 and rejects Option
#2, the City will pay $35,900 as architectural fees.
3) In the event the City Council rejects both Option #1 and Option #2,
the City will pay $31,200 as architectural fees.
f. Councilmember Koppen moved to approve the Cooperative Agreement.
Seconded by Councilmember Carlson Ayes - all
J. NEW BUSINESS
1. Open Space Site #153A
a. Manager McGuire presented the staff report.
b. Assistant Manager Maglich presented the specifics of the report.
c. Commissioner Fischer presented the Planning Commission report.
d. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following was heard:
Sister Eleanor Whortman, The Priory
Approval to Purchase
e. Councilmember Carlson moved to proceed with the purchase of Open Space
Site #153A.
Seconded by Councilmember Koppen Ayes - all
Land Use Plan Change
f. Councilmember Carlson introduced the following Resolution and moved its
adoption:
94 - 12 - 169
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, the Director of Community Development is proposing a change to
the City's land use plan. The change is from R-3(M) (multiple
dwellings-medium density), OS (open space) and M•1 (light manufacturing) to
OS (open space) and R-1 (single dwellings) and to drop Hoyt Avenue between
Sterling Street and Century Avenue as a collector street.
WHEREAS, this change applies to the area south of Larpenteur Avenue and
west of Century Avenue.
12-19-94 14
WHEREAS, the history of this change is as follows:
1. On December 5, 1994, the Planning Commission held a public
hearing. 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. On December 19, 1994, the City Council discussed this land use
plan change. 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 changes for the following reasons:
1. The City plans to buy this site for open space.
2. The City's Open Space Committee ranked this site first out of
the 67 sites they studied.
3. This site would expand the open space corridor that the City has
planned in this area.
4. The purchase would preserve a variety of natural features on
this site, including upland grass and a wetland.
5. Neither the City or property owner to the south plan to build
Hoyt Avenue as a collector street.
The City shall not make these changes until the City closes on the property.
Seconded by Councilmember Koppen Ayes - all
- 2. Final Plat: Cave's English Street Third Addition
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson 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 Allenspach moved to approve Caves English Street Third
Addition final plat. subiect to the following conditions:
1. The County recording the deed restrictions, covenants and deeds
required by the City. The wording of these documents shall be
subject to staff approval.
2. The staff shall not release the plat for recording until the
developer does the following:
a. Satisfies all the preliminary plat conditions, including
the letter of credit or other financial guarantee for
the public improvements.
b. Submits the final copies of the required deeds, deed
restrictions and covenants to the staff for review
before taking them to the County with the plat.
12-19.94 15
Seconded by Councilmember Rossbach Ayes all
3. Tax-Exempt Financing (Carefree Cottages of Maplewood - Phase III)
a. Manager McGuire presented the staff report.
b. Mary Ippel, Briggs and Morgan, the bonding attorney, presented the
specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Bruce Mogren, representing Carefree Cottages of Maplewood
Pat Magner, Manager and Leasing Agent
Jean Doyle, resident
Carol Diebel, resident
Irv Anderson, resident
d. Councilmember Koppen moved to approve staff recommendation that the City
waive two of the filing requirements for tax-exempt financing for Phase
III of the cottages of Maplewood: the conditional use permit and
Community Design Review Board applications. and the market study about
housing demand and income requirements. The developer shall supply
` these materials and the City shall approve these applications before the
City approves final financing.
Seconded by Councilmember Rossbach Ayes - all
e. Koppen introduced the following Resolution and moved its adoption:
94 - 12 - 170
RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM.
FOR A MULTIFAMILY RENTAL HOUSING DEVELOPMENT PROJECT,
GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE ISSUANCE OF
HOUSING REVENUE BONDS, PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C
AND AUTHORIZING THE PREPARATION OF A HOUSING PROGRAM
(CAREFREE COTTAGES OF MAPLEWOOD III PROJECT)
(a) Minnesota Statutes, Chapter 462C (the "Act") confers upon cities, the power to
issue revenue bonds to finance a program for the purposes of planning,
administering, making or purchasing loans with respect to one or more multifamily
housing developments within the boundaries of the city;
(b) The City of Maplewood, Minnesota (the "City") has received from Carefree Cottages
of Maplewood III Limited Partnership (the "Developer") a proposal that the City
undertake a program to finance a project hereinafter described, through the
issuance of revenue bonds or obligations (in one or more series) (the "Bonds")
pursuant to the Act;
(c) The City desires to facilitate the development of rental housing within the
community; encourage the development of affordable housing opportunities for
residents of the City; encourage the development of housing facilities designed
for occupancy by elderly persons; and encourage the development of blighted or
underutilized land and structures within the boundaries of the City; and the
Project will assist the City in achieving these objectives;
12-19-94 16
(d) The Project to be financed by the Bonds is the acquisition, construction and
- equipping of a multifamily rental housing development of approximately 140 rental
units all designed for elderly housing located on the north side of Gervais
Avenue adjacent to the existing Carefree Cottages of Maplewood project, and
consists of the construction and equipping of buildings thereon which will result
in the provision of additional rental housing opportunities to elderly persons
within the community;
(e) The City has been advised by representatives of the Developer that conventional,
commercial financing to pay the capital costs of the Project is available only
on a limited basis and at such high costs of borrowing that the economic
feasibility of operating the project would be significantly reduced, but the
Developer has also advised the City that with the aid of municipal financing, and
resulting low borrowing costs, the Project is economically more feasible; and
(f) No public official of the City has either a direct or indirect financial interest
in the Project nor will any public official either directly or indirectly benefit
financially from the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. The City hereby gives preliminary approval to the proposal of the Developer that
the City undertake the Project, described above, and the program of financing
therefor, pursuant to Minnesota Statutes, Chapter 462C, consisting of the
acquisition and construction of multifamily rental housing facilities within the
City pursuant to the Developer's specifications and to a revenue agreement
between the City and the Developer on such terms and conditions with provisions
for revision from time to time as necessary, so as to produce income and revenues
sufficient to pay, when due, the principal and interest on the Bonds in the total
principal amount of not to exceed $9,000,000 to be issued pursuant to the Act to
finance the acquisition and construction of the Project; and said agreement may
also provide for the entire interest of the Developer therein to be mortgaged to
the purchasers of the bonds, or a trustee for the holder(s) of the Bonds; and the
City, acting by and through the City, hereby undertakes preliminary to issue its
bonds in accordance with such terms and conditions.
2. At the option of the -City, the financing may be structured so as to take
advantage of whatever means are available and are permitted by law to enhance the
security for, or marketability of, the Bonds; provided that any such financing
structure must be consented to by the Developer.
3. On the basis of information available to the City it appears, and the City hereby
finds, that the Project constitutes a multifamily housing development within the
meaning of subdivision 5 of Section 46X.02 of the Act; that the availability of
the financing under the Act and the willingness of the City to furnish such
financing will be a substantial inducement to the Developer to undertake the
Project, and that the effect of the Project, if undertaken, will be to encourage
the provision of additional multifamily senior rental housing opportunities to
residents of the City, and to promote more intensive development and use of land
within the city.
4. The Project, and the program to finance the Project by the issuance of revenue
bonds, is hereby given preliminary approval by the City subject to the approval
of the Metropolitan Council, the holding of a public hearing on the Project and
housing program and subject to final approval by the City, the Developer and the
purchasers of the Bonds as to ultimate details of the financing of the project.
12-19-94 17
_ 5. The City Staff is hereby authorized and directed to prepare a housing program for
financing the project prepared in accordance with the provisions of Minnesota
Statutes, Section 46X.03.
6. The Developer 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 Developer.
7. Briggs and Morgan, Professional Association, acting as bond counsel, is
authorized to assist in the preparation and review of necessary documents
relating to the Project, to consult with the City Attorney, Developer and the
underwriter of the Bonds as to the maturities, interest rates and other terms and
provisions of the. Bonds and as to the covenants and other provisions of the
necessary documents and submit such documents to the City for final approval.
8. Nothing in this Resolution or the documents prepared pursuant hereto shall
authorize the expenditure 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 on
the Bonds or the interest thereon, or to enforce payment thereon against any
property of the City, except such property as may be expressly pledged for the
security of the Bonds. The Bonds shall recite in substance that Bonds, including
the interest thereon, are payable solely from the revenue and proceeds pledged
to the payment thereof. The Bonds shall not constitute a debt of the City within
the meaning of any constitutional or statutory limitation.
9. In anticipation of the approval by all necessary entities of the housing program
and the issuance of the Bonds to finance all or a portion of the Project, and in
order that completion of the project will not be unduly delayed when approved,
the Developer is hereby authorized to make such 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 Developer considers necessary, including the use
of interim, short-term financing, subject to reimbursement from the proceeds of
the Bonds if any when delivered but otherwise without liability on the part of
the City.
10. The Developer shall enter into various agreements with the City which shall
impose the following restrictions on the Developer and the Project:
(a) Construction must begin by December 19, 1995. The City Council may
grant a time extension if just cause if 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.
12-19-94 18
(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) A written opinion, with supporting justification from a qualified expert
acceptable to the City, shall be submitted with the application
requesting tax exempt mortgage financing to document that:
(i) The Project will not adversely increase the vacancy rates of
rental multiple dwellings in the City that are existing or
have received preliminary City approval over the
metropolitan average.
(ii) There is reasonable assurance that the Project will be able
to comply with the federal, county and City low-to•moderate
income requirements over the life of the bond issue.
(d) The bond indenture for the Bond shall require:
(i) The Developer to periodically certify to the City and
trustee, compliance with the federal low•to•moderate income
requirement. The frequency of certification shall be
determined on a case-by•case basis.
(ii) The trustee is to inform the City of noncompliance trends
with federal low-to•moderate income requirements.
(e) As a condition of approving the Project, a lump•sum fee at Bond closing
or an annual fee over the life of the Bond will be required. The City
_ reserves the right to choose the fee option that will be the most
beneficial to the City. This choice will be made when the final
resolution for the Project and the Bonds is adopted. Factors to be
taken into account will include, but not be limited to:
(i) The size of the Bond issue.
(ii) Unbudgeted City funding needs at the time of the request.
- (iii) The number of requests.
(iv) Federal arbitrage considerations.
12.19-94 19
(f) The formula for each fee option is as follows:
(i) Annual fee:
1) Full bond maturity: An annual fee payable on
each anniversary of the Bond issue of not less
than one-eighth of one percent of the unpaid
balance and one-quarter of one percent of the
Bond issue shall be paid at Bond closing,
subject to federal arbitrage restrictions.
2) Prepayment of Bonds: The same as the full Bond
maturity requirement, except if all of the
outstanding Bonds are prepaid prior to final
Bond maturity, the developer shall pay, at the
time of such prepayment, a lump-sum fee equal
to the present value of the remaining annual
fee payments, from the date of prepayment to
final Bond maturity, subject to federal
arbitrage restrictions.
(ii) Lump-sum fee: At Bond closing, a lump sum fee shall be paid
that is equivalent to the present value of the annual fee
option. The present value must be determined by a qualified
expert, acceptable to the City.
(g) 20i of the Project units shall be occupied by households that have an
adjusted gross income of 50i or less of the metropolitan median income,
unless the Developer elects to provide 40i of the Project units
complying with the 60i of median income requirement; and
(h) 75i of the Project units shall be occupied by households that have an
adjusted gross income of not more than 110% of the metropolitan median
income.
Seconded by Councilmember Rossbach Ayes - all
4. Maplewood Innovative Stormwater Management Project Update
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. No action required.
5. Beltline Reconveyance Resolution
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Rossbach introduced the followino Resolution and moved its
adoption:
12-19-94 20
94 - 12 - 171
RESOLUTION SUPPORTING THE RECOMMENDATIONS OF
THE BELTLINE INTERCEPTOR RECONVEYANCE STUDY GROUP
ON OWNERSHIP OF THE BELTLINE INTERCEPTOR
WHEREAS, at the urging of the Metropolitan Council, the Mayors' Lake Overflow
Task force was established by the cities of Falcon Heights, Little Canada, Maplewood,
North Saint Paul, Oakdale, Roseville, Saint Paul, Vadnais Heights, and White Bear
Lake to plan for effective management of lake overflows from Beaver, Phalen, Como,
and McCarrons lakes; and
WHEREAS, the Mayors' Lake Overflow Task Force in turn established the Lake
Overflow Technical Advisory Committee (LOTAC), composed of staff of the cities, the
Metropolitan Council, and the former Metropolitan Waste Control Commission (MWCC) to
evaluate alternatives for issues associated with the lake overflows; and
WHEREAS, the LOTAC evaluated alternatives and made recommendations that the
former MWCC should construct a new middle beltline interceptor, initiate a structural
inspection of the beltline interceptor, classify the beltline as unnecessary for
metropolitan sewage management purposes, and negotiate an agreement for reconveyance
of the interceptor to the City of Saint Paul for use as a storm water and lake
overflow facility; and
WHEREAS, the LOTAC also recommended that the beltline interceptor be sold to
Saint Paul and/or the suburbs and that the appropriate watershed management entity
eventually take over maintenance of the interceptor; and
WHEREAS, the cities and the Metropolitan Council adopted the LOTAC's
recommendations and the former MWCC constructed the new middle beltline interceptor
at a cost of approximately 513 million, paid one-half the cost of inspection of the
beltline interceptor, with Saint Paul paying the other half, and initiated a process
for reconveyance of the beltline interceptor to the City of Saint Paul at a
depreciated value of 51,399,381; and
WHEREAS, the City of Saint Paul determined that it was not advisable for Saint
Paul to become sole owner of the beltline interceptor, due to its limited authority
to control land use practices within the beltline subwatershed and due to equitable
considerations that all cities who benefit from the availability of the beltline
interceptor should share the costs and responsibilities of owning and operating the
interceptor as a storm water facility; and
WHEREAS, in May 1994, the Metropolitan Council invited policymakers from the
cities of Saint Paul, Maplewood, Little Canada, Vadnais Heights, White Bear Lake,
North Saint Paul, Gem Lake, and Oakdale, the counties of Ramsey and Washington, and
the Ramsey•Washington Metro Watershed District to a meeting to discuss issues of
ownership and maintenance of the beltline interceptor; and
WHEREAS, as a result of the meeting of policymakers, the Interceptor Reconveyance
Study Group was formed, made up of policymakers and/or staff of the watershed
district and the affected cities and counties, and facilitated by staff of the
Metropolitan Council, including staff from the Metropolitan Council Waste Water
Services; and
WHEREAS, the study group met biweekly from June through October and achieved
consensus on a number of recommendations regarding ownership, operation, maintenance,
value, and financing of the transfer of the beltline interceptor, for continued use
by the cities for storm water management; and
12-19-94 21
WHEREAS, the Council convened a meeting on November 19, 1994, in the Maplewood
Community Center, at which time the study group's findings and recommendations were
presented and explained to policymakers from the affected entitles; and
WHEREAS, the City of Maplewood supports the consensus process used to resolve
these difficult issues and desires to endorse the recommendations of the Beltline
.Interceptor Reconveyance Study Group.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City of Maplewood supports the recommendation of the Beltline
Interceptor Reconveyance Study Group that the Ramsey-Washington Metro
Watershed District became the owner and operator of the beltline
interceptor, which will continue to be used for storm water and surface
water management.
2. That the City of Maplewood supports the recommendation of the Beltline
Interceptor Reconveyance Study Group that the Metropolitan Council receive
a fair value for transferring the interceptor to the watershed district, in
an amount determined between the watershed district and the Metropolitan
Council, but not to exceed $952,678, of which $24,998 should be paid to the
City of Saint Paul for interceptor easement costs and Saint Paul's portion
of the inspection costs.
- 3. That the City of Maplewood supports the recommendations of the Beltline
Interceptor Reconveyance Study Group regarding joint use of the City of
Saint Paul's ponding easements and financing terms of the interceptor
transfer from the council to the watershed district.
Seconded by Councilmember Allenspach Ayes all
Nays - none
6. Stormwater Pond Design Standard
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
COUNCILMEMBER CARLSON LEFT THE MEETING AT 9:16 P.M.
c. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
94 - 12 - 172
ADOPTING NATIONAL URBAN RUNOFF PROGRAM STANDARDS
FOR NEW STORM WATER POND DESIGN
WHEREAS, the City of Maplewood is concerned about the problem of
nonpoint-source pollution in the water bodies of the Twin City metropolitan
area, and
WHEREAS, the City of Maplewood has employed engineering standards for
storm water ponds as an effort to control nonpoint•source pollution within
the City, and
12.19-94 22
WHEREAS, the Metropolitan Council has subscribed to the strategy of the
- National Urban Runoff Program (NURP) standard for design of new storm water
ponds,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood,
Minnesota, as follows:
1. The City Council adopts the National Urban Runoff Program
standards for new storm water pond design.
2. The City of Maplewood is hereby in compliance with the
Metropolitan Council's interim strategy to reduce nonpoint-
source pollution to metropolitan water bodies.
Seconded by Mayor Bastian Ayes - all
7. Timber Park Master Plan
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the
report.
c. Councilmember Rossbach moved to proceed with the redevelopment of Timber
Park at an estimated construction cost not to exceed $50,000, with the
remaining $20.000 to be either identified through the Commercial PAC
monies or through re-allocation of other proposed Capital Improvement
proiects for 1995, and that Brauer & Associates be retained to prepare
plans and specifications at a cost of 5% of construction budget.
Seconded by Councilmember Koppen Ayes all
8. Western Hills Park Master Plan
a. Manager McGuire presented the staff report.
B. Director of Parks & Recreation Anderson.
b. Councilmember Rossbach moved to adopt the master ~lah for Western Hills
Park, to be developed in the Spring of 1995 at a cost not to exceed
$250,000, with monies to be allocated from the PAC Fund, with Brauer &
Associating to prepare plans and specifications at 5% of actual
construction cost.
Seconded by Councilmember Koppen Ayes all
9. Release of Retainage - Steininger Construction
- a. Manager McGuire presented the staff report.
b. Councilmember Allenspach introduced the following Resolution and moved
its adoption:
12.19.94 23
94 - 12 - 173
RESOLUTION FOR THE RETURN OF RETAINAGE FOR A COMMUNITY CENTER PROJECT
CONTRACT FOR SITE UTILITIES AND SOILS CORRECTIONS
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
the construction of a City-owned community center, Community Center Project,
and has let a contract with Steininger Construction Co. , Inc. for site
utilities and soils corrections; and
WHEREAS, the City is holding lOq of the 5282,236 contract amount as
retainage; and
WHEREAS, the Architect and Construction Manager evaluated the
construction and acknowledged substantial completion on September 23, 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the Mayor and city Clerk are hereby authorized and directed
to release the retainage in the amount of $28,223.62 to Steininger
Construction Co., Inc.
Seconded by Koppen Ayes - all
10. Community Center 11-30-94 Income Statement
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report.
NO ACTION REQUIRED
11. Ramsey/Washington Co. Cable Commission: Set Meeting Date
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to hold a Council Meeting in con.iunction with the
Cable Commission meeting on Thursday. January 5. 1995 at 7:00 P.M. at
the White Bear Lake City Hall.
Seconded by Councilmember Koppen Ayes - all
12. Gervais Avenue - Feasibility
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. No action taken.
12-19.94 24
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
1, Manager's Evaluation
a. Councilmember Rossbach requested the Manager's Evaluation forms be
returned to him as soon as possible.
2. Mayor's Update
_ a. Mayor Bastian stated the Council's goals will appear in Maplewood in
Motion.
b. Mayor Bastian requested that the issue of model airplanes be on a future
agenda.
c. Mayor Bastian wished everyone Happy Holidays.
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT OF MEETING
9:46 P.M.
Lucille E. Aurelius
City Clerk
12-19.94 25