HomeMy WebLinkAbout09.09.85 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, September 9, 1985
Council Chambers, Municipal Building
D4eeting No. 85-19
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, .Minnesota, washeld in the Council
Chambers, MunicipalBuildinq, and was called to order at 7:01 P.M. by Mayor Greavu.
B. ROLL CALL .
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
MaryLee Maida, Councilmember Present
Charlotte Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes No. 85-16 (August 12, 1985)
Councilmember Maida moved to approve theMinutes of D4eeting No. 85-16
(August 12, 1985) as submitted.
Seconded by Councilmember Bastian. Ayes - all.
2. Minutes No. 85-18 (September 05, 1985)
Councilmember .Anderson moved to approve the Minutes of Meeting No. 85-18
(September 05, 1985) as submitted.
Seconded by Councilmember Bastian. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved toapprove the Agenda as amended.
1. Ramsey County League
2. Goldenaires
3. Tax Increment District
4. N.S.P.
5. Bid Award - Lift Station
Seconded by Councilmember Bastian. Ayes - all..
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E. CONSENT AGENDA
Mayor Greavu moved, Secondedby Councilmember Bastian, Ayes - all, to approve
the Consent Agenda,Itemsl"and2, as recommended:
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1. Accounts Payable
Approved the accounts (Part I, Fees Services, Expenses Check register dated
. August 28, 1985, and Septemlier03, 1985 - $417,837.80; Part II, Payroll Check
- register dated August 20, 1985, gross amount $129,156.00) in the amount of
$546,994.60.
2. Transfer of Funds --Emergency Preparedness
Approved a budget transfer in the amount of $630.00 from Account 4480 ($130.00),
4120 ($300.00) and 4160 ($200.00) to Account 4010 due to a reclassification of
a job description.
F. PUBLIC HEARINGS
None.
G. AWARD OF BIDS
1. Lift Station
a. ManagerEvans presented the Staff report.
b. Councilmember Bastian introduced the following resolution and moved its
adoption:
85 - 9 - 135
BE IT RESOLVED BY THE MAPLETROOD, MINNE50TA,.CITY COUNCTL that the bid
_ of Orr Construction, Inc., in the amount of $163,500.00 is the lowest re-
sponsible bid for reconstruction of Lift Stations Nos. 6 and 8 (City Pro-
ject 85-9) and the Mayor and-Clerk are hereby authorized and directed to
enter into acontract with said bidder for and on behalf of the City.
Seconded by Councilmember Maida. Ayes - all.
H. UNFINISHED BUSINESS
1. Diseased Tree Report
a. Director of Public Works-.:.Haider explained what othercommunities-are
doing with diseased tree programs and presented several alternatives.
b. Council directed Staff to prepare cost estimates and that the matter
will be discussed at budget time.
'!i - 2. Site Plan 5 Century Ridge Apartments (Reconsideration)
a. Manager Evans presented the Staff report.
b. Mr. George Rossbach asked questions of the Council regarding the site
plan.
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~I c. The following area residents voiced their oAinions:
Ron Kline, 84 Mayhill Road
Rich Groninga, 70 Mayhill Road
Neil Bartell, 2709 Mayer Lane
Robert Freid, 56 Mayhill Road
Mayor Greavu recessed the meeting.
Mayor Greavu reconvened the meeting at 7:52 P.M.
d. Councilmember Anderson moved to approve the site plan for the Century
Ridge Apartments subject to the following conditions:
1. The five-foot berm shall be extended to the building with the
six foot redwood fence on the top. The six-foot fence shall
be placed on west and south lot lines at the locations approved
by the Community Design Review Board.
2. Approval of plans by .the Community Design Review Board doesnot
constitute approval of a building permit.
3. Trash dumpsters, if stored outside, must be kept within screening
enclosures as code requires.
4. Any exterior building or roof-top equipment, shall bedecoratively
screened and hidden from view. The screening material is subject
to Staff approval. Exterior outside walls shall be brick-faced.
5. An erosion control plan, acceptable to the City Engineer, shall be
submitted prior tothe issuance of a building permit for erosion
control during construction.
6. Parking areas shall be striped and all bituminousareas shall have
continuous concrete curbing. Parking lots shall be kept in a con-
. tinual state of repair.
7. If construction has not begun within two years of approval; Board.
review shall be repeated.
8. Site security lighting shall be provided and shall be directed or
shielded so not tocause any undue glare onto adjacent properties
or roadways.
9. If any adjacent property is disturbed or property irons removed
due to construction of the site, that property shall be restored
'.a and irons replaced bp"the applicant.
10. Grading, drainage and utility plans shall be subject to the City
Engineer's approval. However, original grading plans which maintain
~ a 970'ground level shall not be changed.
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11. All required landscape area shall be continually and properly
maintained.
12. All required plant materials that die shall be replaced by the
owner within one year.
13. A revised landscape plan shall be resubmitted for Board approval,
including:
a. Sod in all areas except for the north part of the property
proposed to be "cleared of brush and unsuitable existing material."
Any disturbed ground in that area shall be sodded or seeded.
b. Trees along the southerly lot line similar to Big A Auto
store's tree row. Poplars-are not acceptable.
c. Trees on both sides of the westerly fence to '!soften" its
appearance. Native trees shall remain in placetothe fullest -
extent possible. - _
d. Tot lot, or other activity usages, shall not be located oh
west side of building.
14. There shall be a stop sign at the exit onto CenturX Avenue
15, Themain driveway shall beposted"No Parking Fire Lane."
16s An off-street bituminous-bike path shall be provided by the appl-
cants subject to the approval of the Director of CommuAity Services,
with coordination w3,th McDOT,,
17, The applicant shall provide a monetary guarantee, in a form ac^
ceptable toStaff,n the-amount of 150~.of the estimated cost
ofany~ siteimprovements that are,not completed by occupancy.
18, One~hundredtwenty-cubic feetof miscellaneous storage spaces shall.
be provided- as code requires. - -
19. Thedrveway must be 32feetwide wth20-foot radii.
- 20. Thedeveloper-shall build aright~tuxn lane into the site for
southbound traffic.
21. Building management will post and maintain specified items for
neighborhood communication of concerns. A written response shall
'..b be provided~tocompla~ining individuals, Rules of operation shall
be Qosted for review-and comment.
22., Automatic accessexcept for emergency vehicles shall not be per-
rotted €rom pgayhill P,oad to Player Lane.,
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23. Snow shall be cleared away completely from site or plowed to east.
Drainage plan shall take into consideration the melt runoff and
direct flow eastward.
Seconded by Councilmember Ba5.ti~~:n,_, Ayes - Councilmembers Anderson, Bastian,
' Maida and Wasiluk
Nay - Mayor Greavu
f. Councilmember Bastian introduced the following resolution and moved its
adoption:
85 - 9 - .136
RESOLUTION RECITING A PROPOSAL FOR A
FINANCING PROGRAM FOR A MULTI-FAMILY RENTAL
HOUSING DEVELOPPRENT, GIVING PRELIMINARY
APPROVAL TO THE PROJECT AND THE PROGRAP4,
AND THE AMENDMENT OF THE HOUSING REVENUE BOND - _
- PROGRAMS PORTION OF THE CITY'S 462C HOUSING PLAN
TO INCLUDE THE PROGRAM
PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C,
AUTHORIZING THE CITY OF MAPLETAOOD
TO ISSUE HOUSING REVENUE BONDS
AND AUTHORIZING THE SUBMISSION OF THE
FINANCING PROGRAM FOR THE PROJECT FOR APPROVAL TO THE
METROPOLITAN COUNCIL AND
MINNESOTA HOUSING FIPSANCE AGENCY AND
- AUTHORIZING THE PREPARATION OF NECESSARY
DOCUMENTS AND MATERIALS IN CONNECTION
WITH THF. SAID PROJECT AND PROGRAM
(LEXINGTON INVESTMENT-CO. PROJECT)
WHEREAS
(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 multi-family housing developments within the
boundaries of the city;
(b) The City has received from Lexington Investment Co., a
Minnesota general partnership to be formed with Sherman Rutzick,
- James Rutzick, Gary Bailey, S4illiam McCaw, David Kluender and Ken
Ellenberg as general partners (the "Developer"), a proposalthat
!a the City undertake a progYam to finance a Project hereinafter de-
scribed, through the issuance of revenue bonds or obligations (in one
or more series or which may be in the form of a single debtinstrument)
(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
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housinq opportunities for residents of. the City; encourage the
development of housinq facilities designed for occupancy by per-
sons of low or moderate income; 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;
(d) The City desires to expand the "Housing Revenue Bond Pro-
grams" portion of its 462C Housing Plan to incorporate the program
for the Project;
(e) The Developer is currently engaged in~the business of pro-
viding rental housing. The Project to be financed~by the Bonds is
the construction and equipping~of a building containing approximately
75 rental units, anticipated to consist of three efficiency units,
33 one-bedroom units and 39 two-bedroom units, located immediately
southwest of the crossing of Battle Creek and Century Avenue in the
City, which will result in the provision ofadditional rentalhous-
_ ing opportunities to persons within the community;
(f) The City has been advised by the Developer that conventional,
commercial financing to..pay the capital costs of theProject is avail-
able only on a limited basis and at such high costs of borrowing that
the economic feasibility of operating the Project would be signifi-
cantly reduced, but the Developer has also advised the City that with
the aid of municipal financing, and resulting low borrowing costs,
theProjectis economically more feasible;
(g) A public hearing on the Project, the financing program and
the amendment of the "Housing Revenue BondPrograms" portion of the
City's 462C Housing Plan therefor was held on July 22, 1985., by the
Maplewood City Council, after notice was published, all as.required
by Minnesota Statutes, Section 46X.05, subd. 5, at which public
hearing all those appearing at said hearing who desired to speak
were heard; _
(h) No public official of the City has either a direct or in-
direct financial interest in the Project nor will any public official
either directly or indirectly benefit financially from the Project;
(i) The. City has received a report from a qualified real estate
marketing. analyst showing (I) that the Project will not have a nega-
tive impact on vacancy rates of existing multiple dwellings in the
City and (II) the development will be able to comply with the federal
law and moderate income requirements over the life of the bond issue.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA, as follows:
1. The City herebygives preliminary approval to the pxoposal of the
Developer that the City undertake the Project, described above,
and the program of financing therefor, pursuant to Minnesota
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Statutes, Chapter 462C, consisting of the construction and
equipping ofmulti-family rental housing facilities within the
Citypursuant to the Developer's. specifications andto a reve-
nue 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 a total
principal amount of approximately $3,750,000 to be issued pursuant
to the Act to finance the construction and equipping of the Project;
and said agreement may also providefor the entire interest of.the
Developer therein to be mortgaged to the purchaser or purchasers
_ of the Bonds, or atrnstee for the holder(s) of the Bonds; and the
City hereby undertakes preliminarily to issue its bonds in accor-
dance with such terms and conditions;
2. The "Housing Revenue. Bond Programs".portion of the City's 462C
Housing Plan as herein proposed to be amended is hereby approved
and adopted and the City Clerk is authorized and directed to sub-
mit the amended 462C Housing Plan to the Metropolitan. Council for
its review and comment. The comments. of the. Metropolitan Council,
if any,shall be submitted to the City Council for its consideration;
3. At_the option ofthe Developer, 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 approved by the
City;
4. 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 Project will be primarily occupied, in
part, by personsof low or moderate income; that the availability of
the financing under the Act and thewillingness of the City to pro-
vide such financing will be a substantial inducement to the Develo-
per to undertake the Project, and that the effect of the Project, if
undertaken, will be to encourage the provision ofadditional multi-
family rental housing opportunities to residents of the City,to-
assist in the prevention of the emergence of blighted and marginal
land and to promote more intensive development and .use of land within
the City;
S. TheProjeet, 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 financing program by the Minnesota Housing Fi-
nance Agency (the "MHF,A") and subject to final approval by the City,
,a the Developer and the purchasers of the Bonds as to ultimate details
of the financing of the Project;
6.. In accordance with subdivision 5 of Section 46X.05, Minnesota
Statutes, the Mayor of the City is hereby authorized and directed
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to submit the program for financing the Project to the MHFA, re-
questing its approval, and other officers, employees and agents
of the City are hereby authorized to provide the MHFA with pre-
liminary information as it may require.
7. 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
and whether or not approved by MHFA will be paid by the Developer;
8. 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 and the financing program therefox,
to consult with the City Attorney, the City°s fiscal consultant, De-
veloper and purchasers of the Bonds (or trustee for the .purchasers
- of the Bonds) as to 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;
9. Nothingin this Resolution or the documents prepared pursuant hereto
shall authorize the expenditure of any municipal funds on theProject
other than the revenues derived from the Project or otherwise granted
to the City for this purpose. The Bonds shall not constitute a charge,
lienor 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 pr
holders 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. The Bonds shall recite in substance that
the Bonds, including the interest thereon, are payable solely from the
revenue and proceeds pledged to the payment thereof. The Bonds shall
not bonstitute a debt of the City within the meaning of any constitu-
tional or statutory limitation;
- 10. In anticipation of the approval by the MHFA and the issuanceofthe
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 ad-
vances toward payment of that portion of the costs of the Project to
be financed from the proceeds of the Bonds, as the Developer con-
siders necessary, including the use of interim, short-term financing,
subject to reimbursement from the proceeds of the Bonds ifany when
delivered but otherwise without liability on the part of the City;
d
11. If construction of the Project is not started within one year fzom
the date hereof, this resolution shall thereafter have no force and
effect and the preliminary approval herein granted is withdrawn;
12. The actions of the City Clerk in causing public notice of the public
hearing and in describing the general nature of the Project and
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estimating the principal amount of the Bonds to be issued to
- finance the Project is in all respects ratified and confirmed.
Adopted by the-City Council of the City of Maplewood, Minnesota,
this 9th day of September, 1985.
Seconded by Councilmember Anderson Ayes - Councilmembers Anderson, Bastian,
Maida and Wasiluk
Nay - Mayor Greavu
I. NEW BUSINESS
1. Proposed 1986 Budget
a. Manager Evans requested the Council schedule a public hearing on the
budget as Federal revenue sharing regulations require that the City publish,
a notice of its budget hearing no later than 10 days bef_orethe meeting. It .
- is recommended that the City Council schedule this hearing for 7:00 -P.M.,
October 7th as the City must certify to Ramsey County.ts 1985:(xpa}*a157e.1988)
tax levy no later than October 10th. Also, it is recommendedthat the public
hearing be held at the East County Line #2 Fire Station to meet the handi-
capped accessibility requirements of the Federal Revenue Sharing regulations,
b. Council established the following dates for the 1986 Budget:
September 12, 1985 - 9:30 A.M., and September 25, 1985 - 1:00 P.M.,
City Hall to discuss budget with Manager and Department Heads.
October 9, 19£35 - 7:00 P.M., Wednesday, East County Line Fire Department
Station No. 2 - Public Hearing.
2. Drainage Easement (Edina Realty)
a. Director of Public Works Haider presented the Staff report.
b. CouncilmemberAnderson introduced the following resolution and moved its
adoption:
85 - 9 - 137
- BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA,CITX COUNCIL that the City
Manager is authorized to prepare a drainage easement in favor of Edina
Realty across the North propertyline of North Hazelwood Park.
i SecondedbyCouncilmember Bastian. Ayes - all.
3. Hazelwood Feasibility
a. Manager Evans presented the Staff report.
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b. Mayor Greavu introduced the following resolution and moved its adoption:
SS - 9 - 138
WHEREAS, it is proposed to upgrade Hazelwood Avenue from Beam
Avenue to County Road C and to assess the benefited property forall
or a portion of the cost of the improvement, pursuant to Minnesota
Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF D~fAPLEW00D,
MINNESOTA:
That the proposed improvement be referred to the City Engineer for
study and that he is instructed to report tothe Council with all
convenient speed advising the Council in a preliminary way as to
whether the proposed improvement is feasible and as to whether it
should best be made as proposed or in connection with some other im-
provement, and the estimated cost of the improvement as recommended.
Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers
Anderson, Maida and Wasiluk.
Nay - Councilmember Bastian.
4. Carlton Racquetball Club
a. Manager Evans presented Staff report.
b. Councilmember Bastian moved to table this item until such time as the
applicant appearsbeforethe-COUnci L
Seconded by Councilmember Maida. Ayes - all.
5. Dispatching Console
a. Manager Evans presented the Staff report.
b. Mayor Greavu moved to approve the purchase of a new (3) position dispatching
console.
Seconded by Councilmember P2aida. Ayes - all.
J. VISITOR PRESENTATION
'.i None.
K.- COUNCIL PRESENTATIONS
1. Ramsey County League
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a. Mayor Greavu receiveda call regarding a representative from the Ramsey
County League wishing to discuss with the City Councilthe question of their
joining the League.
b. Council invited the representative to appear before the City Council on
September 12, 1985.
2. Goldenaires
a. Mayor Greavu stated the Goldenaires had inquired if the City could help
by paying bus fares.
b. The Goldenaires are to contact Park and Recreation Director Bob Odegard.
L. ADMINISTRATIVE PRESENTATIONS
1. Tax Increment Districts
a. Manager Evans stated Staff has been working on tax incremeht~financing
for areas in the northern part of the City. He reviewed with the Council
what improvements can be paid for with this type of financing.
2. City of St. Paul - N.S.P.
a. Manager Evans stated he had received a letter from the City of 5t. Paul
- requesting Maplewood to join them in opposing Northern State's Power Company's
rates.
b, -Council directed the Manager to contact the Suburban Rate Authority to see
if they wish to join 5t. Paul.
3. Barry Evans
a. Manager Evans stated this was his last Council meeting and wished to thank
the Council for the past six and one-half years.
M. ADJOURNMENT
8:40 P.M.
City Clerk
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