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HomeMy WebLinkAbout11.25.85 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 25, 1985 Council Chambers, Municipal Building Meeting No. 85-25 A. CALL TO ORDER A regular meeting of the City Council of Paplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:.00 P.M. by P4ayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Absent MaryLee Maida, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 85-23 (October 28, 1985) Councilmember Maida moved that the Minutes of Meeting No. 85-23 (October 28, 1985) be approved as submitted. Seconded by Councilmember Anderson. Ayes - all. 2. Meeting No. 85-24 (November 6, 1985) Councilmember Anderson moved that the Minutes of Meeting No. 85-24 (November 6, 1985) be approved as submitted. Seconded by Councilmember Wasiluk. Ayes - all. 3. Meeting No. 85-25 (November 21, 1985) Councilmember Maida moved to approve the Minutes of Meeting No. 85-25 (November 21, 1985) as corrected: Page 2 - 5. Add "Knowledge of Union Negotiations" Seconded by Councilmember Anderson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the-Agenda as amended: 1. Frost Avenue 2. Maple Manor 3. Snow Plowing 4. Rules of Procedures 5. Hospitalization Insurance - Retirees ~6. Maplewood Fire Fighters Benefit Association Seconded by Councilmember Anderson. Ayes - all. 11/25 F. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Maida, Ayes - all, to approve the Consent Agenda Items 1 through 4 as recommended: 1. Accounts Payable Approved the accounts (Part I, Fees - Services - Expenses - Check Register _ dated November 12, 1985, and November 14, 1985 - $176,767.98: Part II, Payroll dated November 15, 1985, in the gross amount of $121,985.62) in the amount of $298,753.60. 2. Project 85-4, Reduction of Retainage Resolution No. 85- 11 - 181 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project No. 85-4, Ripley Avenue Water Main, and has let a construction contract therefore pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, said project has been essentially completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA, that the project is substantially complete and the retainage is hereby reduced to 2e. 3. Project 85-9, Change Order Resolution No. 85~- 11 - 182 BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that Change Order No. 1 for Project 85-9, Renovation of Lift Stations 6 & 8 is approved and the City Engineer is directed to execute said Change Order No. 1. 4. Approval of On-Sale and Off-Sale Intoxicating Liquor Licenses: Resolution No. 85 - 11 - 183 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNE- SOTA, that the following On-Sale Liquor Licenses having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 1986, with approval granted herein .subject to satisfactory results of required Police, Eire and Health inspections. Bali Hai Restaurant Keller Lake Lounge & Restaurant 2305 White Bear Avenue Hook N' Ladder 2280 Maplewood Drive Chalet Lounge & Restaurant 1520 Rice Street Maple Wheel Lounge 2220 White Bear Avenue - 2 - 11/25 Chicone's Bar & Cafe, Inc. Maplewood Bowl, Ltd. 2289 E. Minnehaha 1955 English Street Dean's, Inc. Mr. Steak 1986 Rice Street 1745 E. Cope Esteban's of Maplewood, Inc. M. T. Pockets 3069 White Bear Avenue 70 E. County Road B Fox & Hounds Northernaire Motel, Inc. 1734 Adolphus 2441 Highway 61 Garrity's Red Lobster 1696 White Bear Avenue 2925 White Bear Avenue Gulden's Roadhouse Red Rooster 2999 N. Highway 61 2029 Woodlyn Holiday Inn of Maplewood Town Crier 1780 E. County Road D 1829 North St. Paul Road Maplewood Moose Lodge #963 Chuck E. Cheese's Pizza Time Theatre 1946 English Street 2950 White Bear Avenue (Club License)- (Beer and Wine License) North Maplewood Lions Organization 1310 Frost Avenue (Club License) Resolution No. 85 - 11 - 184 RESOLVED BY THE CITY COUNCIL OF THE C2TY OF MAPLEWOOD, RAMSEY COUNTY, MINNE- SOTA, that the following-Off-Sale Liquor Licenses having been previously duly issued by this Council are hereby approved for renewal for one year, effective January 1, 1956, with approvals granted herein subject to satisfactory results of required Police, Fire and Health inspections: J & R Liquors Party Time Liquors 2730 Stillwater Road 1740 Van Dyke Avenue JR's Maplewood Liquors Red Wagon Liquors 1347 Frost Avenue 2290 Maplewood Drive Labers Liquors Sarrack's International Wines & Spirits 1730 Rice Street 2305 Stillwater Road 'i Maplewood Wine Cellar Spark Liquors 1231 Frost Avenue 3000 White Bear Avenue - 3 - 11/25 G. AWARD OF BIDS 1. Trucks a. Acting Manager Haider presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 11 - 185 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the - bid of Merit Chevrolet, Inc., in the amount of $40,900.00 is the lowest responsible bid for the purchase of two 1-ton cab and chassis and 1-1/2 ton cab and chasis and an auto transmission for a 1-1/2 ton cab and chassis and the proper City Officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Wasiluk. Ayes - all. H. UNFINISHED BUSINESS None. Mayor Greavu moved to discuss Item K, Council Presentations, at this time. Seconded by Councilmember Maida. Ayes - all. K. COUNCIL PRESENTATION 1. Frost Avenue a. Councilmember Anderson requested an update of the proposed improvement of Frost Avenue. b. Acting Manager Raider stated Burlington Northern was sending a right-of- entry agreement. 2. Maple Manor a. Councilmember Anderson questioned if Staff had heard from Maple Manor regarding a drainage pipe. b. Acting Manager Haider stated a representative from Maple Manor had called stating they were hiring someone to clean the pipe. j-,b 3. Snow Plowing a. Councilmember Anderson questioned if other departments such as Park and Rec- reation can help with the snow plowing when the street department is short of help. b. Staff stated it is the practice of the City to utilize other departments. F. PUBLIC HEARINGS 1. 7:10 P.M., I.R.B. - Edina Realty - 4 - 11/25 a. Mayor Greavu convened the meeting for a public hearing regarding the request of Edina Realty for approval of a $1,500,000.00 Industrial Revenue Note for acquisition of land, construction of a 21,600 square foot office building on the east side of White Bear Avenue between Lydia and Beam Ave- nue. b. Acting Manager Haider presented the Staff report. c. Mr. Ron Peltier, Edina Realty, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Playor Greavu closed the public hearing. g. Councilmember Maida introduced the following resolution and moved its adoption: 85 - 11 - 186 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF THE PROJECT TO THE COMMISSIONER OF ENERGY AND ECONOMIC DEVELOPMENT OF THE STATE OF MINNESOTA, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT , WHEREAS, (a) On October 28, 1985, this City Council of the City of Maplewood, Minnesota (the "City"), adopted a preliminary resolution (the "Earlier Preliminary Resolution") with respect to a Project (as described therein) - proposed by a Minnesota general partnership to be formed with Ron Peltier, Larry Davis and Richard Olson as the general partners (the "Company"), in the context of notifying the Commissioner of Energy and Economic Develop- ment Authority (the "Commissioner") of the City's intent to issue its com- mercial development revenue bonds for this Project; (b) The Earlier Preliminary Resolution set forth the purposes of the Minnesota Municipal Industrial Development Act (the "Act") and the manner :i in which the Project satis€ies andfurthers such purposes; . (c) The Company has proposed that the City assist in financing such Project through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes (hereinafter referred to in this resolution as "Revenue Bonds") pursuant to the Act; ' (d) The Company is currently engaged in the business of real estate development; and the Project to be financed by the Revenue Bonds is an approximately 21,000 square foot office building to be located on the - 5 - 11/25 _ East side of White Bear Avenue between Lydia Avenue and Beam Avenue directly North of the Maplewood East Shopping Center in the City and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein, all to be constructed pursuant to the Company's specifications and to be initially owned and operated by the Company to be leased to various parties (the "Project"), and will result in the employment of additional persons to work within the new facilities; (e) The City has been advised by representatives of the Company that conventional, commercial financing to pay the capital cost 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 signi- ficantly reduced, and the Company has also advised this Council that the Project would not be undertaken but for the availability of industrial developmentbond financing; (f) Pursuant to a resolution of the City Council adopted on October 28, 1985, a public hearing on the Project was held on November-25, 1985, after notice was published and materials made available for public in- spection at the City Hall, allas required by Minnesota Statutes, Section 474.01, Subdivision 7b, at which public hearing all those appearing who desired to speak were heard and written comments were accepted; and (g) Upon information and belief, 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 finan- cially from the Project: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, aS follows: 1. This Council hereby finds that no information presented at the hearing or since the adoption of the Earlier Preliminary Resolution has caused it to reject the Project or doubt the findings made in the Earlier Preliminary Resolution. The findings in the Earlier Prelimi- nary Resolution, and the preliminary approvals grantedtherein, are ratified and confirmed in full. 2. The Council hereby again gives preliminary approval to the proposal of the Company that the City undertake the Project pursuant to the Act and pursuant to a revenue agreement between the City and Company containing such terms and conditions (with provisions for re- vision from time to time as necessary) as may be necessary to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Bonds in the maximum aggregate principal amount ;b of $1,500,000 to be issuecY~pursuant to the Act to finance the acquisi- tion, construction and equipping of the Project. Said revenue agree- ment may also provide for the entire interest of the Company therein to be mortgaged to the purchaser of the Revenue Bonds. The City hereby again undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions. 3. On the basis of information available to this Council, it appears, and the Council hereby finds, that the Project constitutes properties, - 6 - 11/25 real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01 of the Act; that the Project would not be undertaken but for the availability of . industrial development bond financing under the Act and the willing- ness of the City to furnish. such financing; and that the effect of the Project, if undertaken, will be to encourage the development of economi- cally sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemploy- ment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the State and to areas within the State where their: services may not be as effectively used, to promote more intensive development and use of land within the City, and eventually to increase the tax base of the community. 4. The Project is again hereby given preliminary approval by the City, again subject to theapproval of the Project by the Commissioner or such other State officer having authority to grant approval, and again further subject to final approval by this Council, the Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project. 5. In accordance with Subdivision 7a of Section 474.01 of the Act, the Mayor or the Clerk of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner requesting his approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require. 6. The Company has agreed and it is again 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 the Commissioner, will be paid by the Company. 7. Briggs and Morgan, Professional Association, acting as bond counsel, is again authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, the Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary docu- ments, and to submit such documents to the Council for final approval. 8. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the i Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not con- . stitute 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 - 7 - 11/25 thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal of the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Reve- nue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statu- tory limitation. 9. In anticipation of the approval by the Commissioner and the is- suance of the Revenue Bonds to finance all or a portion of the Project, and in anticipation that the City will procure and devote to the Revenue Bonds an adequate allocation of authority toissue private activity bonds (which allocation is not made hereby), and in order that completion of the Project will not be unduly delayed when approved, the Company is again hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the pro- ceeds of the Revenue Bonds as the Company considers necessary, including theuse of interim, short-term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwide without liability on the part of the City. Adopted by the City Council of the City of Maplewodd, Minnesota, this 25th day of November, 1985. Mayor Attest: Clerk Seconded by Councilmember Anderson. Ayes - all. K. COUNCIL PRESENTATIONS (Continued) 4. Rules of Procedures a. Tabled to the December 9, 1985 Meeting. 5. Hospitalization - Retirees a. Councilmember Anderson questioned if employees who retire from the City 'y are covered with medical insurance. b. Staff stated they were not. c. Council directed Staff to investigate the possibilities. PUBLIC HEARINGS 2. 7:20 P.M., C and White Bear Avenue Associates - 8 - 11/25 a. Mayor Greavu convened the meeting for a public hearing regarding the request of Gerald Mogren, C and White Bear Avenue Associate~iS for approval of - a $900,000.00 Industrial Revenue Note to construct a 21,000 square foot re- tail shopping center to be located at the northwest corner of the intersec- tion of County Road C and White Bear Avenue. b. Acting Manager Haider presented the Staff report. c. Mr. GeraldMOgren, C and White Bear Avenue Associates, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 11 - 187 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF THE PROJECT TO THE COMMISSIONER OF ENERGY AND ECONOMIC DEVELOPMENT OF THE STATE OF MINNESOTA, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT WHEREAS, (a) On October 28, 1985, this City Council of the City of Maplewood, Minnesota (the "City"), adopted a preliminary resolution (the "Earlier Preliminary Resolution") with respect to a Project (as described therein) proposed by C and White Bear Avenue Associates, a Minnesota general'part- nership to be formed with Gerald C. Mogren, as a general partner (the "Company"), in the context of notifying the Commissioner of Energy and Economic Development Authority (the "Commissioner") of the City's intent to issue its commercial development revenue bonds for this Project; ',j (b) The Ear Lier Preliminary Resolution set forth the purposes of the Minnesota Municipal Industrial Development Act (the "Act") and the manner in which the Project satisfies and furthers such purposes; (c) The. Company has proposed that the City assist in financing such - Project through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes (hereinafter referred to in this resolution as "Revenue Bonds") pursuant to the Act; - 9 - 11/25 (d) The Company is currently engaged in the business of real estate development; and the Project to be financed by the Revenue Bonds is an approximately 21,000 square foot retail shopping center to be located at the northwest corner of the intersection of County Road C and White Bear Avenue in the City and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein, all to be constructed pursuant to the Company's specifications and to be initially owned and operated by the Company to be leased to various parties (the "Project"), and will re- sult in the employment of additional persons to work within the new facilities; (e) The City has been advised by representatives of the Company that conventional, commercial financing to pay the capital cost 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 signi- ficantly reduced, andthe Company has also advised this Council that the Project would not be undertaken but for the availability of industrial _ development bond financing; (f) Pursuant to a resolution of the City Council adopted on October 28, 1985, a public hearing on the Project was heldon November 25, 1985, after notice was published and materials made available for public in- spection at the City Hall, all as required by Minnesota Statutes, Sec- tion 474.01, Subdivision 7b, at which public hearing all those appearing who desired to speak were heard and written comments were accepted; and (g) Upon information and belief, 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. This Council hereby finds that no information presented at the hearing orsince the adoption of the Earlier Preliminary Resolution has caused it to reject the Project or doubt the findings made in the Earlier Preliminary Resolution. The findings in the Earlier Prelimi- nary Resolution, and the preliminary approvals granted therein, are ratified and confirmed in full. 2. The Council hereby again gives preliminary approval to the proposal of the Company that the City undertake the Project pursuant to the Act and pursuant to a revenue agreement between the City and Company containing such terms and conditions (with provisions for re- Ib vision from time, to time as necessary) as may be necessary to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Bonds in the maximum aggregate principal amount of $900,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project. Said revenue agreement may also provide for the entire interest of the Company therein to be mort- gaged to thepurchaser of the Revenue Bonds. The City hereby again ' undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions. - 10 - 11/25 3. On the basis of information available to this Council, it appears, and the Covncil hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01 of the Act; that the Project would not be undertaken but for the availability of industrial development bond financing under the Act and the willing- . ness of the City to furnish such financing; and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the State and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City, and eventually to in- crease the tax base of the community. 4. The Project is again hereby given preliminary approval by the City, again subject to the approval of the Project by the Commissioner or such other State officer having authority to grant approval, and again further subject to final approval by this Council, the Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project. 5. In accordance with Subdivision 7a of Section 474.01 of the Act, the Mayor or the Clerk of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner requesting his approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require. 6. The Company has agreed and it is again 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 the Commissioner, will be paid by the Company. 7. Briggs and Morgan, Professional Association, acting as bond counsel, is again authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, the Company and the purchaser of the Revenue Bonds as to the maturities, in- terest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents, and to submit such documents to the Council for final approval. i 8. Nothing in this resolution or in 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 Revenue Bonds shall not con- stitute a charge, lien or encumbrance, legal or equitable, upon any - 11 - 11/25 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 Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstand- ing principal of the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue 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 the Commissioner and the issuance - of the Revenue Bonds to finance all or a portion of the Project, and in anticipation that the City will procure and devote to the Revenue Bonds an adequate allocation of authority to issue private activity bonds (which allocation is not made hereby), and in order that completion of the Project will not be unduly delayed when approved, the Company is again hereby author- ized 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 Revenue Bonds as the Company considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the - part of the City. ' Adopted by the City Council of the City of Maplewood, Minnesota, this 25th day of November, 1985. Mayor Attest: City Clerk Seconded by Councilmember Wasiluk. Ayes - all. - K. COUNCIL PRESENTATIONS (Continued) 6. Maplewood Fire Fighters' Relief Association a. Mayor Greavu stated the Maplewood Fire Fighters' Relief Assocation is requesting a raise in the retirement benefits from $800.00 to $1,000.00 per year of service. `'i b. Mayor Greavu moved to approve the increase in the retirement benefits of - the Maplewood Fire Fighters' Relief Association from $800.00 to $1,000.00 per year of service. Seconded by Councilmember Maida. Ayes - all. - 12 - 11/25 ..5. NEW BUSINESS 1. Sign Permit 3035 White Bear Avenue (The Tan Line) a. Director of Community Development Geoff Olson presented the Staff report. b. Councilmember Maida moved to approve one 20-day portable sign permit for the Tan Line for the remainder of 1985 and that the applicant must obtain the standard sign permit. Seconded by Councilmember Wasiluk. Ayes - all. 2. Home Share Pilot Program a. Director of Community Development Olson presented the Staff report. b. Chairman Lorraine Fischer presented the Housing and Redevelopment Authority report. c. Councilmember Maida moved to approve the following: - 1. Authorize the Mayor and City Clerk to sign the prepared Joint Powers Agreement for the Home Share Pilot Program. 2. Approve a transfer in the 1986 Budget of $160 from the contingency account to account O1-4480-09. 3. Appoint Lorraine Fischer and Dale Carlson as the two representatives and an alternate of thezp.:::chooszDg £or,each to.•sezrcre~~on~the:._Home Share Program Steering Commission. 4. Authorize Maplewood to continue to supply the staffing for the Home Share Program Steering Commission. - Seconded by Councilmember Anderson. Ayes - all. F. PUBLIC HEARINGS (Continued) 3. 7:30 P.M., Variance 2633 White Bear Avenue (Kenneth's) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Kenneth Gamboni, Kenneth'son White Bear, for approval of a 7.5 foot side yard setback variance for a free standing sign. b. Director of Community Development Olson presented the Staff report. a c. Board Member George Rossbach presented the Community Design Review Board report. d. Mr. Kenneth Gamboni, the applicant, spoke on behalf of his request. e. Mayor Greavu called for proponents. None were heard. ~f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the puNalic hearing. - 13 - 11/25 _ h. Councilmember Anderson introduced the following resolution and movedits adoption: 85 - 11 - 188 WHEREAS, Kenneth R. Gamboni applied for a variance for the following- described property: Unplatted lands., the South 80 feet of the North 305 feet of that part of the Northeast 1/4 of the Northwest 1/4, lying westerly of the West line of White Bear Avenue as described in document 2202969. - in Section 11, T. N29, R. N22. This property is also known as 2623 White Bear Avenue, Maplewood; WHEREAS, Section 36-272 (b) (2) of the Maplewood Code of Ordinances requires a ten foot side yard setback minimum for a freestanding sign; WHEREAS, the applicant is proposing a 2 1/2 foot setback, requiring a variance of 7 1/2 feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on October 8, 1985. 2. This variance was reviewed by the Maplewood Community Design Review Board on October 22, 1985. The board recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on November 25th, 1985, to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at daid hearing were given an opportunity to be heard and present written statements. . The Council also considered reports and recommendations of the City Staff and Board. NOW, THEREFORE, BE IT RESOLVED BY THEMAPLEWOOD CITY COUNCIL that the above- described variance be approved on the basis of the following findings of fact: 1. Undue hardship would be caused the applicant if code was met since there is no other feasible location for the sign without conflicting with traffic flow or hindering the sign's visibility. 2. The spirit and intent of the ordinance would be met since there are no adjacent pylon signs on the neighboring lot that would crowd the proposed sign. Seconded by Councilmember Wasiluk. Ayes - all. I. NEW BUSINESS (Continued) 3. Code Amendment Small Lot Single Dwellings (1st Reading) - 14 - 11/25 a. Director of Community Development Olson presented the Staff report. b. Chairman Lorraine Fischer presented the Housing and Redevelopment Authority report. c. Commissioner Lorrraine Fischer presented the Planning Commission report. d. Councilmember Maida moved first reading of an ordinance to amend the zoning code for small lot single dwelling properties to: 1. Reduce the minimum lot width requirement 2. Increase the minimum side yard area for each lot. Seconded by Councilmember Anderson. Ayes - all. F. PUBLIC HEARINGS (Continued) 4. 7:40 P.M., Tax Exempt Financing Harmony School Site a. Mayor Greavu convened the meeting for a public hearing regarding a request of Smith Investment Properties for preliminary approval of a 6.5 million tax exempt mortgage revenue bond program to construct a 116-unit senior housing complex. b. Director of Community Development Olson presented the Staff report. c. Commissioner Lorraine Fischer presented the Planning Commission report. d. Mr. Tony Danna, representing the developers, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f: Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to amend the housing bond plan to include a $6.5 million tax exempt financing program for the Harmony Seniors' Residence Project. Seconded by Councilmember Maida. Ayes - all. i. Councilmember Anderson introduced the following resolution and moved its adoption: I a a. 85 - 11 - 189 - 15 - 11/25 RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTI-FAMILY RENTAL HOUSING DEVELOPMENT, GIVING PRELIMINARY APPROVAL, TO THE PROJECT AND THE HOUSING PROGRAM, PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, - AUTHORIZING THE CITY OF MAPLEWOOD TO ISSUE HOUSING REVENUE BONDS AND AUTHORIZING THE SUBMISSION OF THE HOUSING PROGRAM FOR THE PROJECT FOR APPROVAL TO THE MINNESOTA HOUSING FINANCE AGELSCY AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE SAID PROJECT AND PROGRAM (HARMONY SENIOR RESIDENCES 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 Smith Investment Properties, a Minnesota general partnership with Bret M. Smith, N. Russell Smith and Norman P. Smith as the general partners (the "Developer"), a pro- . posal that the City undertake a program to finance a Project herein- after described through the issuance of revenue bonds or obligations (in one or more series or which may be in the form of a single debt in- strument) (the "Bonds") pursuant to the Act; (c) The City desires to: facilitate the development of rental hous- - ing 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 persons 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 Developer is engaged in the business of providing rental housing. The Project to be financed by the Bonds is the construction, renovationand equipping of two buildings, one containing approximately 52 rental units and anticipatedto consist of all one-bedroom units, and the other building containing approximately 64 rental units and antici- pated to consist of 16 one-bedroom units and 48 two-bedroom units, loca- :a ted at the northeast corner of the intersection of White Bear Avenue and County Road C in the City, which will result in the provision of addi- tional rental housing opportunities to persons within the community; - 16 - 11/25 (e) The City has been advised by the Developer that conventional, commercial financing to pay the capital costs of the Project 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 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; (f) A public hearing on the Project and the housing program was held on November 25, 1gS5, by the Maplewood City Council, after notice was pub- lished, 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; (g) 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; (h) The housing program has been submitted to the Metropolitan Council for its review and comment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLE- WOOD, 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 the rebor, pursuant to Minne- sota Statutes, Chapter 462C, consisting of the construction , renovation and equipping of multi-family rental housing facili- ties 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 suf- . ficient to pay, when due, the principal and interest on the Bonds in a total principal amount of approximately $6,500,000 to be issued pursuant to the Act to finance the construction, renovation and equipping of the Project; and said agreement may also provide for the entire interest of the Developerthere- in to be mortgaged to the purchaser or purchasers of the Bonds, or a trustee for the holder(s) of the Bonds; and the City hereby undertakes preliminarily to issue its bonds in accordance with such terms and conditions; 2. The housing program is hereby approved and adopted and the City Clerk is authorized and directed to submit the housing program to the Minnesota Housing Finance Agency ("MHFA") for its review; I i a. 3. At the option of the 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 ap- - proved by the City; - 17 - 11/25 4. On the basis of information available to the City, it appears, ~ and the City hereby finds, that the Project constitutes a multi- family 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 persons of low or moderate income; that the availability of the financing under the Act and the willingness of the City to provide 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 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 develop- ment and use of land within the City; 5. The Project, and the housing program to finance the Project by the issuance of revenue bonds, are hereby given preliminary approval by the City subject to the review of the housing program by the Minnesota Housing Finance Agency (the "MHFA") 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; 6. In accordance with subdivision 5 of Section 46X.05, Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the housing program for financing the Project to the MHFA, requesting its review, and other officers, employees and agents of the City are hereby authorized to provide the MHFA with preliminary 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 housing program therefor, to consult with the City Attorney, the City's fiscal consultant, Developer and purchasers of the Bonds (or _ trustee for the purchasers of the Bonds) as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary docu- ments and submit such documents to the City for final approval; 9. 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 revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder or - 18 - 11/25 holders of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the out- standing 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 constitute a debt of the City within the meaning of any consti- tutional or statutory limitation; 10. In anticipation of the approval by the P4HFA and the issuance of theBOnds to finance all or a portion of the Project, and in order that completion of theProject 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; 11. Ifconstruction of the Project is not started within one year from the date hereof, this resolution shall thereafter have no force and effect and the preliminary approval herein granted is withdrawn. _ Seconded by Councilmember Maida. Ayes - all. I. NEW BUSINESS (Continued) 4. March of Dimes Super 400 Snowmobile Marathon a. Acting Manager Haider presented the Staff report. b. Councilmember Maida moved to approve the route through Maplewood for the Super 400 March of Dimes Snowmobile Marathon as presented. Seconded by Mayor Greavu. Ayes - all. 5. Ramsey-Washington Metro Watershed District Nomination a. Acting Manager Haider presented the Staff report. b. Mayor Greavu moved to nominate MaryLee Maida to the Ramsey-Washington Metro Watershed District Board of Managers. + Seconded by Councilmember Wasiluk. Ayes - all. 6. Attorney Fee Structure a. Acting Manager Haider ,b. Mayor Greavu~movedto set thelegalfees for the firm of Lais, Bannigan, and Kelly, City Attorneys, for 1986as$60.00 an hour for budgete i ems an ~Z5.00 per hour for litigatonmatters. Seconded by Councilmember Maida Ayes - all. - 19 - 11/25 Mayor Greavu moved to waive the Rules of Procedures and discuss Item J. at this time. Seconded by Councilmember Maida. Ayes - all. J. VISITOR PRESENTATION 1. Clyde Fish, Grant Realty a. Mr. Fish stated the Members of Building Council is requesting that the City Council update the density based on the 1970 Census to at least the 1980 Census. b. Mayor Greavu moved to proceed in updating the density based on a current Census. Seconded by Councilmember Wasiluk. Ayes - all. I. NEW BUSINESS (Continued) 7. December 23, 1985 Council Meeting a. Council stated the regular meeting will be held as scheduled December 23, 1985. 8. Selection of City Manager Criteria a. Councilmember Maida moved to appoint City Attorney Donald Lais to the position of City Manager. b. Councilmember Anderson moved to table this discussion until the next meeting. Motion died for lack of a second. c. Mayor Greavu moved that Donald Lais be appointed as City Manager of Maplewood for the contract of four years. Seconded by.Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Maida and Wasiluk. Councilmember Anderson abstained. L. ADMINISTRATIVE PRESENTATIONS i None. ~ M. ADJOURNMENT 8:49 P.M. City Clerk