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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