HomeMy WebLinkAbout03-27-1995 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, March 27, 1995
Council Chambers, Municipal Building
Meeting No. 95-06
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 March 6, 1995
Councilmember Allenspach moved to approve the minutes of Council/Manager
Meeting of March 6. 1995 as presented.
Seconded by Councilmember Rossbach Ayes - all
2. Minutes of Council/Manager Meeting of March 13, 1995
Councilmember Rossbach moved to approve the minutes of Council/Manager
Meeting of March 13. 1995 as presented.
Seconded by Councilmember Allenspach Ayes - all
3. Minutes of Meeting 95-05, (March 13, 1995).
Councilmember Carlson moved to approve the minutes of Meeting No. 95-05
(March. 13. .1995) as corrected:
Page 9. Item J,l,d, voting was: Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - Councilmember Rossbach
Seconded by Councilmember Allenspach Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
Ll Reconsideration - Keller Parkway
L2 Mayor's Update
Seconded by Councilmember Rossbach Ayes - all
1 3-27-95
EA. APPOINTMENTS/PRESENTATIONS
1. Community Design Review Board Appointment - Gordon Berggren
a. Manager McGuire presented the staff report.
b. Mr. Berggren appeared before the Council and responded to questions.
c. Councilmember Rossbach moved to appoint Gordon Berggren to fill the
vacancy on the Community Design Review Board, with his term ending on
December 1. 1996.
Seconded by Mayor Bastian Ayes -all
2. Human Relations Commission Appointments
a. Manager McGuire presented the staff report.
b. Linda Wainio and Regina Laroche-Theune, the applicants, appeared before
- the Council and responded to questions.
c. Councilmember Carlson moved to appoint .Linda Wainio to filY one vacancy
(term expiring 12-31-97) and Regina Laroche-Theune to fill the other
vacancy (term expiring 12.31-95) on the Human Relations Commission.
Seconded by Councilmember Koppen Ayes - all
3. 1994 Human Relations Commission Annual Report
a. Manager McGuire presented the staff report.
b. Marie Koehler, Human Relations Commission Chairperson, presented the 1994 Annual
Report and commented on the Commission's activities.
c. Councilmember Carlson moved to accent the Human Relations Commission
Annual Report.
Seconded by Councilmember Koppen Ayes - all
4. Share-A-Home Program Report - Kathleen Carlson, Lutheran Social Services
a. Manager McGuire presented the staff report.
b. Kathleen Carlson, Lutheran Social Services, reported to the Council about the
Share-A-Home program and presented a short video on behalf of Lutheran Social
Services and the Maplewood Seniors and Persons with Disabilities Committee.
2 3-27-9f
F. CONSENT AGENDA:
Councilmember Rossbach moved. seconded by Councilmember Koppen: ayes - all.
to approve the Consent Agenda, items F-1 thru F-4 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 576,445.74 Checks #4005 - #4107
Dated 3-1-95 thru 3-15-95
$ 117,423.49 Checks #17169 - #17304
Dated 3-27-95
$ 693,869.23. Total Accounts Payable
PAYROLL: $ 267,722.43 Payroll Checks #46624 thru #46905
Dated 3.10-95
$ 52.466.58 Payroll Deduction Checks #46910 thru
#46929 dated 3-10-95
$ 320,189.01 Total Payroll
$1.014.058.24 GRAND TOTAL
2. Charitable Gambling License - Presentation Church
95-03-34
APPROVING CHARITABLE GAMBLING.- PRESENTATION CHURCH
BE IT HEREBY RESOLVED, by .the City Council of Maplewood, Minnesota.; that
the premises permit for lawful gambling is approved for Presentation of
B.V.M. Church located at the Presentation of B.V.M. Church, 1725 Kennard
Street.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minn. Statutes No. 349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minn. Statutes No. 349.213.
_ NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution by the City
Council of Maplewood, Minnesota, be forwarded to the Gambling. Control
Division for their approval.
3. Disposal of Old Financial Records
95-03-35
APPROVING DESTRUCTION OF OLD FINANCIAL RECORDS
WHEREAS, M.S.A. 138.17 governs the destruction of City records; and
WHEREAS, a list of records has been presented to the Council with a
request in writing that destruction be approved by the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA;
3 3-27-95
1. That the Finance Director is hereby directed to apply to the
_ Minnesota State Historical Society for an order authorizing
destruction of the records as described in the attached list.'
2. That upon approval by the State of the attached application, the
Finance Director is hereby authorized and directed to destroy
the records listed.
4. Computer Upgrade. -
Approved the $21,200 purchase of a computer upgrade to Model 80 (doubling
the current processing capacity), additional computer disk drive storage
space, a port board, and a tape drive for the Public Safety Department.
G. PUBLIC HEARINGS
1. 7:00 P.M.: Cottages of Maplewood Phase III
a. Mayor Bastian convened the meeting for a public hearing regarding
approval of the final agreement for 58.24 million in tax-exempt housing
> revenue bond financing for Phase III of the Carefree Cottages of
Maplewood.
b. Manager McGuire presented the staff report.
c. Associate Planner Ken Roberts presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following was heard:
Bruce Mogren, the applicant, responded to questions from the.
Council.
e. Mayor Bastian closed the public hearing.
f. Councilmember Carlson introduced the following Resolution and moved its
adoption:
95=03-36
RESOLUTION APPROVING THE HOUSING FINANCE PROGRAM AND AUTHORIZING EXECUTION OF VARIOUS
DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF RENTAL HOUSING REVENUE BONDS, SERIES 1995
(CAREFREE COTTAGES OF MAPLEWOOD III PROJECT)
(COPY ATTACHED)
Seconded by Councilmember Koppen Ayes - all
4 3-27-95
RESOLUTION APPROVING THE HOUSING FINANCE PROGRAM AND
AUTHORIZING EXECUTION OF VARIOUS DOCUMENTS
IN CONNECTION WITH THE ISSUANCE OF RENTAL
HOUSING REVENUE BONDS, SERIES 1995
(CAREFREE COTTAGES OF MAPLEWOOD III PROJECT)
BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota (the "City") as follows:
1. It is proposed that the City issue its Rental
Housing Revenue Bonds, Series 1995 (Carefree Cottages of
Maplewood IIZ Project) (the "Bonds") in the principal amount not
to exceed $8,240,000 to finance the costs of the acquisition,
construction and equipping of a residential rental housing
project (the "Project") in accordance with a Bond Purchase..
Agreement among the City, Carefree Carefree Cottages of
Maplewood III Limited Partnership, a Minnesota limited
partnership (the "Company") and Piper Jaffray Inc. (the
"Purchaser") (the "Bond Purchase Agreement").
2. The Bonds will be issued by the City pursuant to
an Indenture of Trust dated as of March. 1, 1995, executed by the
City and Norwest Bank Minnesota, National Association, in
Minneapolis, Minnesota (the "Trustee"), (the "Indenture").
3. Pursuant to the terms of a proposed Loan. Agreement
dated as of March 1, 1995 between the City as lender, and the
Company as borrower (the "Loan Agreement"), the City will loan
the proceeds of the Bonds to the Company to finance the Project.
The Company has agreed, pursuant to a Regulatory Agreement dated
as of March 1, 1995, by and among the City, the Company and the
Trustee (the "Regulatory Agreement") to operate the Project as a
_ "residential rental project" under Section 142(d) of the Internal
Revenue Code of 1986, as amended. The Bonds will be either
privately placed or sold pursuant to a limited public offering by
the Purchaser pursuant to a Limited Offering Memorandum (the
"Limited Offering .Memorandum").
_ 4. This Council, by action taken on December l9,
1994, gave preliminary approval to the proposal for the Project
and the Housing Finance Program. The Metropolitan Council has
given approval to the proposed Housing Finance Program by issuing
its letter under Minnesota Statutes, Chapter 462C (the "Act").
The City obtained allocation of Bonding Authority pursuant to
Chapter 474A.091 on January 9, 1995. The City Council of the
City hereby gives approval to the Housing Finance Program.
5. Forms of the following documents have been.
submitted to the City Council:
i
286203.1
(a)' The Loan Agreement;
(b) The Indenture;
(c) The Regulatory Agreement; and.
(d) The Bond Purchase Agreement.
6. It is hereby found, determined and declared that:
(a) the Housing Finance Program for the Project, the
issuance and sale of the Bonds, the execution and delivery by the
City of the Loan Agreement, the Bond Purchase Agreement, the
Regulatory Agreement and the Indenture (the "Bond Documents") and
the performance of all covenants and agreements of the City
contained in the Bond Documents and of all other acts and things
" required under the constitution and laws of the State of
Minnesota to make the Bond Documents and the Bonds valid and
binding obligations of the City in accordance with their terms,
are authorized by the Act;
(b) it is desirable that the Bonds. be issued by the
- City upon the terms set forth in the Indenture;
(c)` the basic payments under the Loan Agreement are
fixed to produce revenue sufficient to provide for the prompt
payment of principal of, premium, if any, and interest on the
Bonds issued under the Indenture when due, and the Loan Agreement
and Indenture also provide that the Company is required to pay
all expenses of the operation and maintenance of the Project,
including, but without limitation, adequate insurance thereon and
insurance against all liability for injury to persons or property
arising from the operation thereof, and all taxes and special
assessments levied upon or with respect to the Project premises
and payable during the term of the Loan Agreement and Indenture;
and
(d) under the provisions of the Act and as provided in
the Loan Agreement and Indenture, the Bonds are not to be payable
from or charged upon any funds other than the revenue pledged to
the payment thereof; the City is not subject to any liability
thereon; no holder of any Bonds shall ever have the right to
compel any exercise by the City of its taxing powers to pay.any
of the Bonds or the interest or premiums thereon, or to enforce
payment thereof against any property of the City except the
interests of the City in the Loan Agreement which have been
assigned to the Trustee under the Indenture; the Bonds shall not
constitute a charge, lien, or encumbrance, legal or equitable
upon any property of the City except the interests of the City in
the Loan Agreement which have been assigned to the Trustee under
xeszos.t 6
the Indenture; the Bonds shall recite that the Bonds are issued
without moral obligation on the part of the state or its
political subdivisions, and that the Bonds, including interest
thereon, are payable solely from the revenues pledged to the
payment thereof; and, the Bonds shall not constitute a debt of
the City within the meaning of any constitutional or .statutory
limitation.
7. Subject to the review and approval of the City
Attorney the forms of the Bond Documents and exhibits thereto are
approved substantially in the form submitted. The Bond
Documents, in substantially the forms submitted, are directed to
be executed in the name on behalf of the City by the Mayor and
the City Clerk. Any other documents and certificates necessary
to the transaction described above shall be executed bg the
appropriate City officers. Copies of all of the documents
necessary to the transaction herein described shall be delivered,
filed and recorded as provided herein and in Bond Documents.
8. The City shall proceed forthwith to issue its
Bonds, in the form and upon the terms set forth in the Indenture.
The Bonds will be purchased on substantially the terms set forth
in the Bond Purchase Agreement and the Indenture. which have been
submitted to the City in connection with this Resolution. The
Mayor and City Clerk are authorized and directed to prepare and
execute the Bonds as prescribed in 'the Indenture and to deliver
them to the Trustee for authentication and delivery to the
original purchasers.
9. Mayor and City Clerk and other officers of the
City are authorized and directed to prepare and furnish to the
Underwriter certified copies of all proceedings and records of
the City relating to the Bonds, and such other affidavits and
certificates as may be required to show the facts relating to the
legality of the bonds as such facts appear from the books and
records in the officers' custody and control or as otherwise
known to them; and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute
= representations of the City as to the truth of all statements
contained herein.
= 10. The City hereby ratifies, confirms and consents to
the use of the Limited Offering Memorandum in connection with the
sale of the Bonds. The City has not prepared nor made any
independent investigation of the information contained in the
Limited Offering Memorandum other than the section therein
ca tinned "The Zssuer " and the City takes no responsibility for
,I
P ~
such information.
zsstoa.r 7
il. The approval hereby given to the various documents
referred to above includes approval of such additional details
therein as may be necessary and appropriate and such
modifications thereof, deletions therefrom and additions thereto
as may be necessary and appropriate and approved by the City
Attorney and the City officials suthorized_herein to execute said
documents prior to their execution; and said City officials are
hereby authorized to approve said changes on behalf of the City.
The execution of any instrument by the appropriate official or
officials herein authorized shall be conclusive evidence of the
approval of such documents in accordance with the terms hereof.
lz. The approval hereby given to the Bond-Documents
and the various other documents referred to in paragraph 6 above
includes approval of (a) such additional details therein as may
be necessary and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be necessary and
appropriate and approved by Bond Counsel, the City Attorney and
the City officials authorized herein to execute said documents
= prior to .their execution and (b) such additional documents,
agreements or certificates as may be necessary and appropriate in
connection with the Bond Documents and with the issuance and sale
of the Bonds and approved by Bond Counsel, the City Attorney and
City officials authorized herein to execute said documents prior
to their execution; and said City Attorney. and City officials are
hereby authorized to approve said changes or additional
documents, agreements or certificates on behalf of the City. The
execution of any instrument by the appropriate officer or
officers of the City herein authorized shall be conclusive
evidence of the approval of such documents in accordance with the
terms thereof and hereof. In the absence (or inability) of the
Mayor or City Clerk, any of the documents authorized by this
resolution to be executed by them may be executed by the Acting
Mayor or the Acting City Clerk, respectively.
13. The actions of City Staff in causing the notices
of public hearing to be published in the Maplewood Review are
hereby ratified, confirmed and adopted.
14. The Company shall enter into various agreements
with the City which shall impose the following restrictions on
the Company and the Project:
(a) Construction must begin by December 19, 1995. The
City Council may grant a time extension if just cause is
shown;
(b) Contracts entered into with contractors doing work
on the Project shall provide that:
zeszoa. i g
(i) the contractor shall not discriminate in the
hiring or firing of employees on the basis of race,
color, creed, religion, national origin, sex, marital
status, status with regard to public assistance,
disability or age.
(ii) the contractor shall compensate employees
with wages and financial remuneration as provided under
the United States Code, Section 276A, as amended
through June 23, 1986, and under Minnesota Statutes
1985, Sections 177.41-177.44.
(iii) the contractor shall be required to employ
Minnesota residents in at least 80~ oP 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 Indenture shall require:
2aszoa. t g
(i) The Company 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 this Resolution 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.
(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
286203.1 ~
value of the annual fee option. The present value must
be determined by a qualified expert, acceptable to the
City.
(g) 20$ of the Project units shall be occupied by
households that have an adjusted gross income of 50$ or less
of the metropolitan median income, unless the Company elects
to provide 40$ of the Project units complying with the 60$
of median income requirement; and
(h) 75$ 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.
Passed: March 27, 1995.
Mayor
Attest
City Clerk
286203.1
11
2. 7:15 P.M.: Project 93-02 - TH61 Frontage Road Assessment Hearing
a. Mayor Bastian convened the meeting for a public hearing regarding
Project 93-02, TH61 Frontage Road, assessments.
b. Manager McGuire presented the staff report.
c. City Attorney Kelly explained the procedure for a public hearing.
d. Associate Planner Roberts presented the specifics of the report.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following was heard:
Deb Forbes, 1071 East County Road B
(Received written appeal from Marjorie Benkovics, 1264 Kohl man Lane)
f. Mayor Bastian closed the public hearing.
- g. Councilmember Allenspach moved to set A ril 10 1994 as the date to hear
appeals to the assessment introduced t e following Resolution and moved
its adoption:
95 - 03 - 37
ADOPTION OF THE ASSESSMENT ROLL
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed on all objections to the proposed
assessment for the construction of T.H.61 FRONTAGE ROAD IMPROVEMENTS as
described in the files of the City Clerk as Project 93.02, and has amended
such proposed assessment as it deems just,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. Such proposed assessment, as amended, a copy of which is
attached hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of 20 years, the first of the
installments to be payable on or after the first Monday in
January, 1996, and shall bear interest at the rate of 7.0
percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this
Resolution until December 31, 1995. To each subsequent
installment when due shall be added interest for one year on all
unpaid installments.
3. It is hereby declared to be the intention of the Council to
reimburse itself in the future for the portion of the cost of
this improvement paid for from municipal funds by levying
additional assessments, on notice and hearing as provided for
the assessments herein made, upon any properties abutting on the
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improvement but not made, upon any properties abutting on
the improvement but not herein assessed for the improvement,
when changed conditions relating to such properties make
such assessment feasible.
4. To the extent that this improvement benefits nonabutting
properties which may be served by the improvement when one or
more later extensions or improvements are made, but which are
not herein assessed, therefore, it is hereby declared to be the
intention of the Council, as authorized by Minnesota Statutes
Section 420.051, to reimburse the City by adding any portion of
the cost so paid to the assessments levied for any of such later
extension or improvements.
5. The Clerk shall forthwith transmit a certified duplicate of this
assessment to the County Auditor to be extended on the property
tax lists of the County, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Seconded by Councilmember Carlson Ayes - all
3. 7:30 P.M. (7:52 P.M.): 2680 Upper Afton Road (Carver Elementary School)
a. Mayor Bastian convened the meeting for a public hearing regarding a
request fora conditional use permit to expand Carver Elementary School.
b. Manager McGuire presented the staff report.
c. Associate Planner Roberts presented the specifics of the report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Boardmember Marv Erickson presented the Community Design Review Board report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Myrene Biernat, Armstrong, Torseth, Skold & Rydeen, Inc.,
architects for the project.
Rita Brenner, 2673 Upper Afton Road
William Gaslin, Superintendent, District 622, commented on
the project and responded to questions regarding other
school district projects.
g. Mayor Bastian closed the public hearing.
Conditional Use Permit
h. Councilmember Koppen introduced the followin4 Resolution and moved its
adoption:
13 3-27-95
95-03-38
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Independent School District No. 622 is requesting that
Maplewood approve a conditional use permit to expand a school.
WHEREAS, this permit applies to 2680 Upper Afton Road. The legal
description is:
Beginning at a point twenty (20) rods west of the Northeast corner
of the North Half of the Southeast Quarter (N 1/2 of the SE 1/4) of
Section One (1), Township twenty eight (28), Range Twenty Two (22);
thence South forty (40) rods; thence West forty (40) rods; thence
North forty (40) rods; thence East forth (40) rods to the point of
beginning. (PIN O1-28-22-41-0005)
WHEREAS, the history of this conditional use permit is as follows:
1. On March 6, 1995, the Planning Commission recommended that the
City Council approve this permit.
2. On March 27, 1995, the City Council held a public hearing. The
City staff published a notice in the paper and sent notices to
the surrounding property owners. The Council gave everyone at
the hearing a chance to speak and present written statements.
The Council also considered reports and recommendations of the
City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
. described conditional use permit based on the building and site plans. The
City approves this permit because:
1. The use would be located, designed, maintained, constructed and
operated to be in conformity with the City's Comprehensive Plan
and Code of Ordinances.
2. The use would not change the existing or planned character of
the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials,
equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to any
person or property, because of excessive noise, glare, smoke,
dust, odor, fumes, water or air pollution, drainage, water run-
. off, vibration, general unsightliness, electrical interference
or other nuisances.
5. The use would generate only minimal vehicular traffic on local
streets and would not create traffic congestion or unsafe access
on existing or proposed streets.
6. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
14 3-27-95
8. The use would maximize the preservation of and incorporate the
site's natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
10. The City Council may waive any of the above 'requirements
provided the Council determines that the balancing of public
interest between governmental units would be best served by such
a waiver.
Approval is subject to the following conditions:
1. All construction shall follow the plans stamped January 18, 1995
and the utility, grading and erosion control plan stamped March
9, 1995 as approved by the City. The Director of Community
Development may approve minor changes.
2. The proposed construction must be started within one year after
Council approval or the permit shall end. The Council may
extend this deadline for one year.
3. The City Council shall review this permit in one year.
4. The City may require additional parking if needed.
Seconded'"by Councilmember Carlson. Ayes - all
Design Review
i. Councilmember Koppen moved to approve the design plans stamped January
18. 1995 and the utility. grading and erosion control plan stamped March
9. 1995 for the Carver Elementary School expansion, sub.iect to the
following conditions:
1) Repeat this review in two years if the City has not issued a
building permit for this project.
2) Submit the following for staff approval before the City issues
a building permit:
a) A revised site plan showing 18-foot-deep parking stalls
_ or 2-foot wide non-grass areas next to the curbs for
vehicle overhang.
b) A plan showing the design of the trash dumpster gate.
The gate shall be 100 opaque. (code requirement)
c) A revised landscape plan showing:
(1) Screening north of the westerly parking lot
that is at least six-feet-tall.
(2) Additional evergreen trees on the northeast
corner of the existing school to hel p screen
the new service drive from the homes to the
north.
(3) Sod on all disturbed areas.
d) A grading, drainage, utility and erosion control plan
for the City Engineer's approval. The erosion control
plan shall be consistent with the Ramsey Soil and Water
Conservation District Erosion Control Handbook. this
plan shall have a catch basin on the north sde'of the''
proposed expanded parking lot.
15 3-27-95
e) The School District or contractor shall provide the City
with documentation that they have permission to put
storm water on to Ramsey County property.
3) Complete the following before occupying the additions:
a) Restore and sod damaged boulevards
b) Install reflectorized stop signs at all exits and a
handicap-parking space.
c) Install continuous concrete curbing around all existing
and proposed parking and drive areas.(code requirement)
d) Install site lighting, subject to the Director of Public
Safety's approval. Lighting shall not exceed one foot-
candle of light at any residential property line. The
contractor shall shield or aim the lights so the light
source is not visible.(code requirement)
4) If any required work is not done, the City may allow temporary
occupancy if:
a) The City determines that the work is not essential to
the public health, safety or welfare.
b) The City receives a cash escrow or an irrevocable letter
_ of credit for the required work. The amount shall be
150% of the cost of the unfinished work.
c) The City receives an agreement that will allow the City
to complete any unfinished work.
5) All work shall follow the approved plans. The Director of
Community Development may approve minor changes.
Seconded by Councilmember Carlson Ayes - all
Screening Waiver
j. Councilmember Koppen moved to waive the screenih4 requirement for the
new- rooftop mechanical equipment on the Carver Elementary School
addition because:
1) It would not improve the building's appearance or affect
- property values.
2) The addition would be at least 450 feet from Upper Afton Road on
the north and 400 feet from the church to .the east. The new gym
would screen the view from the west and there is a playground
and a park to the south of the proposed addition.
The School District or contractor shall paint the new mechanical
equipment to match the building.(code requirement)
Seconded by Councilmember Carlson Ayes - all
Underground Lawn Sprinklering Variance
- k. Councilmember Koppen introduced the following Resolution and moved its
adoption:
16 3-27-95
95-03.39
UNDERGROUND LAWN SPRINKLERING VARIANCE
WHEREAS, Independent School District No. 622 applied for a variance from
the zoning ordinance.
WHEREAS, this variance applies to 2680 Upper Afton Road. The legal
description is: ,
Beginning at a point twenty (20) rods west of the Northeast
corner of the North Half of the Southeast Quarter (N 1/2 of
the SE 1/4) of Section One (1), Township twenty eight (28),
Range Twenty two (22); thence South forty (40) rods; thence
West forty (40) rods; thence North forty (40) rods; thence.
East forty (40) rods to the point of beginning.
WHEREAS, Section 36-28(c)(9) of the Maplewood Code of Ordinances
requires the installation of an in-ground lawn irrigation system.
WHEREAS, the School District is not proposing to install such a system.
WHEREAS, this requires a variance.
WHEREAS, the history of this variance is as follows:
1. On March 14, 1995, the Community Design Review Board recommended
that the City Council approve this variance.
2. On March 27, 1995, 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 Design Review Board.
_ NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variance.
The City bases the variance on the following findings:
1. The spirit and intent of the Ordinance would be met since the
School District has a maintenance staff to water the lawns when
needed.
2. The School property is well maintained.
Seconded by Councilmember Carlson Ayes - all
4. 7:45 P.M.(8:15 P.M.): Open Space Site #116 (Keller Parkway, Forest Street, Brooks
Court and Gervais Avenue)- Land Use Plan Change: R-1 and M-1 to OS
a. Mayor Bastian moved to table this item until after Item I-3
Seconded by Councilmember Carlson Ayes - all
17 3-27-95
- H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. 1616 Currie Street: Nienast
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone. wished to speak before the Council
regarding this matter. The following was heard:
Shannon Nienast, 1616 Currie Street, spoke regarding his request.
d. Councilmember Rossbach moved to deny the request fora code variation
and a lot division. and to authorize a refund of $5.040 (based on a
reduction of frontage from 132' to 60').
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Rossbach
Nays - Councilmember Koppen
2. Adoption of Uniform Building Code Ordinance - 2nd Reading-,
a. Manager McGuire presented the staff report.
b. Building Official Marge Ostrom responded to questions from the Council.
MAYOR BASTIAN LEFT THE MEETING AT 8:40 P.M.
ACTING MAYOR CARLSON ASSUMED THE CHAIR
c. Councilmember Koppen introduced the following Ordinance for second
reading and moved its adoption:
ORDINANCE N0. 733
AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE.
THIS ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE
MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT,
ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE,
HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY;
PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF: PROVIDES PENALTIES
FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT
THEREWITH.
THIS MUNICIPALITY DOES ORDAIN AS FOLLOWS:
Section 1, Application, Administration and Enforcement. The application,
administration and enforcement of the code shall be in accordance with Minnesota Rule
Part 1300, 2100 and as modified by Chapter 1305. The Code shall be enforced within
the extraterritorial limits permitted by Minnesota Statute 166.62 Subdivision 1 when
so established by this Ordinance.
18 3-27-95
The code enforcement agency of this municipality is called the Building Official.
A Minnesota certified Building Official must be appointed by this jurisdiction to
administer the Code (Minnesota Statute 166.65).
Section 2. Permits and Fees. The issuance of permits and the collection of fees
shall be as authorized in Minnesota Statute 166.62 Subdivision 1 and as provided for
in Chapter 1 of the 1994 Uniform Building Code and Minnesota Rules Parts 1305.0106
and 1305.0107.
Plan review fees shall be 65X of the building permit fee, except that the plan review
fee for dwellings, apartments and their accessory structures shall be 50X of the
building permit fee. The total building permit fee (excluding any surcharges) shall
be S50 for residential decks and above-ground pools and $75 for residential in-ground
pools.
Permit fees shall be assessed for work governed by this code in accordance with Table
- No. Revised lA of this Ordinance. In addition, a surcharge fee shall be collected
on all permits issued for work governed by this code in accordance with Minnesota
Statute 166.70.
Section 3. Violations and Penalties. A violation of the Code is a misdemeanor
(Minnesota Statute 166.69)..
Section 4. Building Code. The Minnesota State Building Code, established pursuant
to Minnesota Statutes 166.59 and 166.75, is hereby adopted as the building code for
this jurisdiction. The code is hereby incorporated in this Ordinance as if fully set
out therein.
A. The Minnesota State Building Code includes the following chapters of Minnesota
Rules:
1. 1300 Minnesota Building Code
2. 1301 Building Official Certification
3. 1302 State Building Construction Approvals
4. 1305 Adoption of the 1994 Uniform Building Code including Appendix
- Chapters:
a. 3, Division I, Detention and Correctional Facilities
b. 12, Division II, South Transmission Control
c. 29, Minimum Plumbing Fixtures
5. 1307 Elevators and Related Devices
6. 1315 Adoption of the 19913 National Electrical Code
7. 1325 Solar Energy Systems
8. 1330 Fallout Shelters
9. 1335 Floodproofing Regulations
10. 1340 Facilities for the Handicapped
11. 1346 Adoption of the 1991 Uniform Mechanical-Code
12. 1350 Manufactures Homes
13. 1360 Prefabricated Buildings
14. 1365 Snow Loads
15. 1370 Storm Shelters
16. 4715 Minnesota Plumbing Code
17. 7670 Minnesota Energy Code
B. The following optional appendix chapters of the 1994 Uniform Building Code are
hereby adopted and incorporated as part of the building code for this
municipality.
1. 19, Exposed Residential Concrete
2. 31, Division II Membrane Structures
3. 33, Excavation and Grading
19 3-27-95
C. The following optional chapters of Minnesota rule are hereby adopted and
incorporated as part of the building code for this municipality.
1. 1306 Special Fire Protection Systems with Option 8 (Group M, S, or F
occupancies with 2,000 or more gross square feet)
2. 1335 FLOODPROOFING REGULATIONS PARTS 1335.0600, TO 1335.1200
Section 5. Effective Date of Ordinance. The effective date of this Ordinance is
March 27, 1995.
Seconded by Councilmember Alienspach Ayes. - Councilmembers Allenspach,
Carlson,. Koppen, Rossbach
Absent - Mayor Bastian
3. Purchase of Open Space - Site #116 (Spoon Lake Area)
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
MAYOR BASTIAN RETURNED TO THE MEETING AT 8:47 AND REASSUMED THE CHAIR
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
d. Councilmember Koppen moved to proceed with the purchase of Open Space
Site #116 and to offer one portion to the ad.iacent property owner at our
cost. with the eroceeds from the sale going back into the Open Space
Fund.
Seconded by Councilmember Carlson Ayes - all
G. PUBLIC HEARINGS (Continued)
4. 7:45 P.M.(8:15 P.M.): Open Space Site #116 (Keller Parkway, Forest Street, Brooks
Court and Gervais Avenue)- Land Use Plan Change: R-1 and M-1 to OS (Continued)
a. Mayor Bastian convened the meeting for a public hearing regarding Open
Space Site #116.
b. Manager McGuire presented the staff report.
c. Associate Planner Roberts presented the specifics of the report.
d. Commissioner Rossbach presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Carol Engel, 882 Connor Court
Mark Larson, 894 Connor Court
f. Mayor Bastian closed the public hearing.
20 3-27-95
g. Councilmember Carlson introduced the following Resolution and moved its
adoption:
95-03-40
LAND USE PLAN CHANGE - M-1 AND R-1 TO OS
WHEREAS, the Director of Community Development proposed a change to the
City's land use plan from M-1 (light manufacturing) and R-1 (single
dwellings) to OS (open space) and to drop Forest Street north of Keller
Parkway as a major collector street.
WHEREAS, this change applies to the undeveloped property located between
Keller Parkway, Forest Street, Brooks Court and Gervais Avenue.
WHEREAS, the history of this change is as follows:
1. On March 6, 1995, 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 change to
speak and present written statements. The Planning Commission
recommended that the City Council approve the plan amendments.
2. On March 27, 1995, the City Council discussed the land use plan
changes. 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. Maplewood plans to buy this site for open space.
2. The City's Open Space Committee ranked this site 13 out of 67
sites they studied.
3. This site would expand the linear open space corridor in this
area.
4. The purchase would preserve a variety of natural features on
this site, including a wetland and an area of mixed hardwoods.
5. Neither the City nor the other property owners in the area plan
to build Forest Street as a collector street.
The City shall not make these changes until the City closes on the
property.
Seconded by Councilmember Koppen Ayes - all
J. NEW BUSINESS
1. Jumpin' Jax Sign Request at Maplewood Mall - 3001 White Bear Avenue
a. Manager McGuire presented the staff report.
b. Associate Planner Roberts presented the specifics of the report.
21 3-27-95
c. Boardmember Marv Erickson presented the Community Design Review Board
report.
d. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Jeff Carver, Jumpin' Jax, the applicant
e. Councilmember Rossbach moved to approve the Jumpin' Jax sign at
M~lewood Mall as shown on the plans date-stamped March 3. 1995.
Seconded by Councilmember Allenspach Ayes - all.
2. Project 93-08: Sterling Street/Schaller Drive Utility & Street Improvements
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
- c. Mayor Bastian asked if anyone wished to speak before the Council
- regarding this matter. No one appeared.
Resolution For Award of Bids
d. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
95 - 03 - 41
RESOLUTION FOR AWARD OF BIDS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Ryan Contracting, Incorporated in the amount of $750,359.09 is the lowest
responsible bid for the construction of Sterling Street and Schaller Drive
Utility and Street Improvements, City Project 93.08, and the Mayor and Clerk
are hereby authorized and directed to accept the bid of said bidder for and
on behalf of the City.
The bid shall be used for the preparation of the assessment roll.
Seconded by Councilmember Koppen Ayes - all
Ordering Preparation of Assessment Roll
e. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
95-03-42
RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the City Clerk and City Engineer have received bids for the
improvement of Sterling Street and Schaller Drive Utility and Street
Improvements, City Project 93-08.
22 3-27-95
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the City Clerk and City Engineer shall. forthwith calculate
_ the proper amount to be specially assessed for such improvement against
every assessable lot, piece or parcel of land abutting on the streets
affected, without regard to cash valuation, as provided by law, and they
shall file a copy of such proposed assessment in the City office for
inspection..
FURTHER, the Clerk shall, upon completion of such proposed assessment
notify the Council thereof.
Seconded by Councilmember Koppen Ayes - all
Ordering Assessment Roll Hearing
f. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
- 95-03-43
RESOLUTION ORDERING ASSESSMENT ROLL HEARING.
WHEREAS, the Clerk and the Engineer have, at the direction of the
Council, prepared an assessment roll for the construction of STERLING STREET
AND SCHALLER DRIVE UTILITY AND STREET IMPROVEMENTS, City Project 93-08, and
the said assessment is on file in the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall be held on the 24th day of April, 1995, at the
City Hall at 7:00 P.M. to pass upon such proposed assessment and
at such time and place all persons owning property .affected. by
such improvement will be given an opportunity to be heard with
reference to such assessment.
_ 2. The City Clerk is hereby directed to cause a notice of the
hearing on the proposed assessment to be published in the
official newspaper, at least two weeks prior to the hearing, and
to mail notices to the owners of all property affected by said
assessment.
3. The notice of hearing shall state the date, time, and. place of
hearing, the general nature of the improvement, the .area to be
assessed, that the proposed assessment roll is on file with the
Clerk and that written or oral objections will be considered.
Seconded by Councilmember Koppen Ayes - all
3. Mall Area Traffic - Project 89-21: Soil Engineering Contract
a. Manager McGuire presented the staff report.
b. Councilmember Koppen moved to authorize staff to execute the agreement
with Braun Intertec to provide pavement and soil evaluation for the Mall
Area Traffic Pro.iect and to increase the current budget for the pro.iect
by Sll.500.
Seconded by Councilmember Carlson Ayes - all
23 3-27-95
4. Crack Sealing Equipment
a. Manager McGuire presented the staff report.
b. Councilmember Koppen moved to authorize staff to execute the .ioint
purchase/use agreement with the Citv of Oakdale and to purchase crack
sealing a ui ment from the VEM Fund.
Seconded by Councilmember Carlson Ayes - all
5. Budget Adjustment - Pressure Washer
a. Manager McGuire presented the staff report.
b. Councilmember Carlson moved to authorize a budget ad.iustment of $6.050
from the VEM Fund to the VEM Capital Outlay Budget to cover the cost of
replacement and installation of the pressure washer system in the Public
Works garage area.
- Seconded by Councilmember Koppen Ayes - all
_ 6. Budget Adjustment - Traffic Safety Trailer
a. Manager McGuire presented the staff report.
b. Councilmember Koppen moved to authorize a budget adjustment from the VEM
Fund to the VEM Capital Outlay Budget for the purchase of a Traffic
Control Trailer to carry barricades, flashers. cones. etc. to various
sites.
Seconded by Councilmember Koppen Ayes al}
7. Community Center Financial Report
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics'of the report.
c. Director of Parks and Recreation Anderson responded to questions from
the Council.
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
1. Keller Parkway
a. Mayor Bastian stated he had received a call from a resident regarding
the action taken with Keller Parkway.
b. Mayor Bastian moved to discuss the Keller Parkway improvements with the
City of Little Canada with the aim of working cooperatively to ease the
transition and to place this item on the April 10th Council Agenda.
Seconded by Councilmember Rossbach Ayes all
24 3-27-95
2. Mayor's Update
_ a. Mayor Bastian informed the Council of various upcoming observances,
meetings and training opportunities.
M. ADMINISTRATIVE PRESENTATIONS
1. Open Space Progress
ALREADY DISCUSSED UNDER I-3 AND G-4
2. School District 622 - School Name
a. Council directed staff to contact School District 622 to obtain
information on their policy regarding naming new schools.
N. ADJOURNMENT
9:46 P.M.
`~.u le E. Aurelius, City Clerk
25 3-27-95