HomeMy WebLinkAbout12.14.87 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, December 14, 1987
Council Chambers, Municipal Building
Meeting No. 87 - 27
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers and was called to order at 7:03 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
Charlotte Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 87-18 (September 14, 1987)
Councilmember Juker moved to approve the Minutes of Meeting No. 87-18
(September 14, 1987) as corrected:
Page 35, Item K-Sa encourage quality commercial development
Seconded by Councilmember Anderson. Ayes - all.
2. Minutes of Meeting No. 87 - 19 (September 28, 1987)
Councilmember Anderson moved to approve the Minutes of Meeting No. 87-19
September 28, 1987) as corrected.
Page 9, Item F-2h Seconded by Councilmember Anderson
Seconded by Councilmember Juker. Ayes - all.
3. Minutes of Special Meeting October 19, 1987
Councilmember Juker moved to approve the Minutes of October 19, 1987 meeting
as submitted.
Seconded by Councilmember Bastian. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Employees
2. Editorial in Lillie Suburban Newspaper
3. Plan of Maplewood
4. Staff recommendations
5. Construction Questions
6. City Hall.
7. John Glenn Middle School
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Council removed Items E-4, 5 and 6 to become Items I-9, 10 and 11.
Mayor Greavu moved, seconded by Councilmember Anderson, Ayes - all, to approve
the Consent Agenda, Items E-i through 3 and 7 through 10 as recommended:
1. Accounts Payable
Approved the Accounts (Part I - Fees, services, and Expenses Check Register
dated November 30, 1987 through December 3, 1987 - $693,028.37: Part II -
Payroll dated November 25, 1987 - $72,783.15) in the amount of $765,811.52.
2. Approval of Plan Document for Self Insurance Dental Plan
Authorized approval of the self insurance dental plan document.
3. Budget Transfer - Finance Department and City Manager's Office
Approved a budget transfer of $4,700 from the City Manager's budget to the
Finance Department budget for revised allocation of secretary's time.
4. Elimination of Special Assessment Fund for Public Improvement Projects.
Discussed as Item I-9.
5. Custody Services Agreement for Investments
Discussed as Item I-10
6. Ordinance to Increase Hydrant Charge Rates (1st Reading).
Discussed as Item I-11.
7. Acorn Greenhouses Assessment Cancellation Project 86-03
Resolution No. 87 - 12 - 217
WHEREAS, pursuant to Resolution 87 - 5 - 79 of the City Council of
Maplewood, Minnesota, adopted May 11, 1987, the special assessments for
the construction of Improvement 86-03 were levied against property de-
scribed by Property Identification No. 24-29-22-23-0037;
WHEREAS, $237.50 of the aforesaid assessment was levied in error;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the assessment for Imp. 86-03 against the property de-
scribed by Property Identification No. 24-29-22-23-0037 be correctly
certified to the Auditor of Ramsey County by deleting therefrom the
amount of $237.50.
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8. Fish Creek - Carver Avenue Stormwater Pond - Feasibility Study
Resolution No. 87 - 12 - 218
WHEREAS, it is proposed to establish a storm water detention pond to
serve the drainage area roughly bounded by I-494, Carver Avenue, Dorland
Road extended and Fish Creek and to assess the benefited property for all
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 MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the City Engineer for
study and that he is instructed to report to the Council with all conven-
ient 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 improvement, and the
estimated cost of the improvement as recommended.
9. Hillwood Drive, City Project 86-OS - Reduction of Retainage
Resolution No. 87 - 12 - 219
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered the construction of Improvement Project 86-05, Hillwood Drive-
east of Crestview. Drive and has entered into a contract with Danner,
Inc., for the construction of said improvement project.
WHEREAS, the contractor has formally requested a reduction in the
retainage percentage.
WHEREAS, the state of completion of this project is such that a
reduction in retainage from 5~ to 29 of the work completed is not ad-
verse to the interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD
that reduction of retainage for CityProject 86-OS to 2~ is hereby
authorized.
10. Highwood Addition, City Project 86-i1 - Final Acceptance
Resolution No. 87 - 12 - 220
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
entered into a contract for public improvements for City Project 86-11
described as Highwood Addition, and
WHEREAS, said project has been certified as completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE[d00D,
MINNESOTA, that the project is completed and the utilities are hereby
accepted as part of the distribution systems.
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F. PUBLIC HEARINGS
_ 1. 7:00 P.M., Cottages of Maplewood (Woodlynn Avenue)
a. PUD
b. Reduced Parking
c. Curbing Variance
d. Setback Variance (West Lot Line)
e. Setback Variance (South Lot Line)
f. Tax Exempt Financing
g. Tax Increment Financing
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of Arkell Development Corporation for a planned unit
development, approval for reduced parking and three variances to
construct a 60 unit senior citizen housing development.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics of
the proposal.
4. Commissioner Bob Cardinal presented the Planning Commission report.
5. Commissioner Dale Carlson presented the Housing and Redevelopment
report.
6. Board Member Don Moe presented the Community Design Review Board
report.
7. Mr. John Bossard, Bossard-Christenson; Mr. John Arkell, Arkell
Development and Mr. Gary Tucci, Tucci Architects, all spoke on behalf
of the proposal.
8. Mayor Greavu called for proponents. None were heard.
9. Mayor Greavu called for opponents. The following were heard:
Mr. Ray Hoyt, 2993 Furness Court
Mr. George Rossbach, 1406 E. County Road C , reviewed the Planning
Commission recommendation.
10. Director of Public Works Haider presented the recommendations
pertaining to the drainage.
11. Mary Ippel, Briggs and Morgan, explained the tax increment and
tax exempt financing for this project.
12. Mayor Greavu closed the public hearing.
13. Councilmember Anderson introduced the following resolution and moved
its adoption: (PUD)
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87 - 12 - 221
WHEREAS, Arkell Development Corporation initiated a conditional
use permit for the Cottages of Maplewood planned unit development
at the following-described property:
The South 662.87 feet of North 1325.74 feet of East 263.63
feet of Northwest 1/4 of Northeast 1/4 of Section 2, Town
29, Range 22,
and;
The West 263.63 feet of East 527.26 feet of North 1321.30
feet of Northwest 1/4 of Northeast 1/4 of Section 2, Town
29, Range 22,
and;
.The East 20 feet of the following parcel, the East 263.634 feet
of the West 790.902 feet of the North 1265.7 feet of the NE 1/4
in Section 2, Township 29, Range 22,
and;
The East 20 feet of the following described parcel, the south
55.6 feet of the North 1321.3 feet of the East 263.634 feet of
the west 790.902 feet of the NE 1/4 in Section 2, Township 29,
Range 22.
WHEREAS, the procedural history of this conditional use permit is
as follows:
1. This conditional use permit was reviewed by the Maplewood
Housing and Redevelopment Authority (HRA) on October 6,
1987. The HRA recommended to the City Council that said
permit be approved.
2. The site plan and building elevations for the proposed
development were reviewed by the Community Design Review
Board (CDRB) on November 24, 1987. The CDRB recommended
to the City Council that said permit be approved.
3. This conditional use permit was reviewed by the Maplewood
Planning Commission on November 16, 1987. The Planning
Commission recommended to the City Council that said permit
be approved.
4. The Maplewood City Council held a public hearing on December
14, 1987. Notice thereof was published and mailed pursuant
to law. All persons present at said hearing were given an
opportunity to be heard and present written statements. The
Council also considered reports and recommendations of the
City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
the above-described conditional use permit be approved for the
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Cottages of Maplewood planned unit development, subject to the
following conditions:
A. This development shall not be converted to nonseniors
housing without revision of the planned unit development.
For purposes of this permit, seniors housing is defined
as a residence occupied by persons that are 60 years of age
or older.
B. Trailers and vehicles that are not required for. day-to-day
transportation needs shall not be parked on-site, unless the
City determines that there are excess parking spaces avail-
- able.
C. If Council determines that there is insufficient on-site
parking after one year of 95~ occupancy, additional parking
may be required.
D. Adherence to the site plan printed on December 18, 1987 and
the floor plans date-stamped September 29, 1987, with the
changes required by the Community Design Review Board. Future
changes may be approved by the Community Design Review Board.
E. An on-site storm shelter shall be provided in as central
location as possible.
F. An 80~ opaque screen with berming shall be constructed along
the south lot line. An opportunity shall be provided for
neighborhood input as to fencing or plantings.
Approval is on the basis of the following findings of fact:
1. The use is in conformity with the City's comprehensive plan
and with the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be
detrimental to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated
to be compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential. surrounding land uses, due to the noises,
glare, smoke, dust, odor, fumes, water pollution, water run-off,
vibration, general unsightliness, electrical interference or
other nuisances.
6. The use would generate only minimal vehicular traffic on
local streets and shall not create traffic congestion, unsafe
access or parking needs that will cause undue burden to the
area properties.
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_
7. The use would be serviced by essential public services,
such as streets, police, fire protection, utilities, schools
and parks.
8. The use would not create excessive additional requirements
at public cost for public facilities and services; and would
not be detrimental to the welfare of the City.
- 9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effects.
Approval includes a 7-foot setback variance from the south lot line,
a 13-1/2 foot setback variance from the west lot line for a driveway,
and a variance to allow more than eight units in each structure.
Approval of the variances in on the basis that:
1. Senior housing creates less traffic noise than a conventional
multiple-dwelling project.
. 2. The building is only one-story.
3. The setback along the west property line is not needed since:
a. The adjacent use is proposed to be a parking lot for
a church.
b. A 20-foot setback and screening is required between
the church parking lot and lot line.
4. Requiring screening along the south property line would com-
pensate for the reduced setback.
S. The most common setback used by other cities is five feet.
6. Certain regulations contained in this chapter do not realisti-
cally apply to the proposed development because of the unique
nature of the proposed development.
7. The variance would be consistent with the purposes of this
chapter.
8. The planned unit development would produce a development of
equal or superior quality to that which would result from
strict adherence to the provisions of this chapter.
9. The variance wuld not constitute a threat of a substantive
nature to the property values, safety, health or general
welfare of the owners or occupants of adjacent or nearby
land, nor be detrimental to the health, safety, morals or
general welfare of the people.
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10, The variance is requited for reasonable and practicable
physical development and is not required solely on the
basis of financial considerations.
Seconded by Councilmember Bastian. Ayes - all.
14. Councilmember Bastian moved to approve the reduction of parking
.spaces to 87 parking spaces, including 40 garages rather than the
code requirement of 120 spaces, including 60 garages on the basis
that:
A. The parking-space requirements contained in the zoning
code do not realistically apply to the proposed develop-
ment, because these requirements are designed for family
housing and do not consider the fewer number of cars per
unit needed for senior housing.
B. The City has approved a reduced number of parking spaces
and garages for all previous senior developments.
C. The reduced number of parking spaces has proven adequate
for a similar project in Stillwater.
Seconded by Councilmember Wasiluk. Ayes - all.
15. Councilmember Bastian moved to deny the concrete curbing variance
on the basis that:
A. Omitting the curbing would not produce a development of
equal or superior quality to that which would result from
strict adherence to the ordinance. Curbing adds to the
aesthetics and drainage of a site. Curbing also provides
a definitive boundary for the parking spaces and the driveways
that will prevent rollups onto the yard area, as well as sig-
nificantly reduce the potential for yard damage from snowplow-
ing.
B. The variance is not required for reasonable and practicable
physical development of the site. Rather, this variance is
proposed solely on the basis of financial considerations.
C. Each of the other subsidized seniors residences has provided
concrete curbing.
Seconded by Councilmember Juker. Ayes - all.
16. Councilmember Anderson moved to approve the 13-1/2 foot setback from
the west lot line.
Seconded by Councilmember Juker. Ayes - all.
17. Councilmember Bastian moved to table the discussion of the south
lot line variance for two weeks.
Seconded by Councilmember Anderson. Ayes - all.
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18. Councilmember Bastian moved to table the discussion of Tax
Increment Financing for two weeks.
Seconded by Councilmember Juker. Ayes - all.
19. Councilmember Bastian introduced the following resolution and moved
.its adoption: (Tax Exempt Financing)
87 - 12 - 222
RESOLUTION RECITING A PROPOSAL FOR A
FINANCING PROGRAM FOR A MULTI FAMILY RENTAL
HOUSING DEVELOPMENT, GIVING PRELIMINARY
APPROVAL TO THE PROJECT AND THE PROGRAM
PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C,
AUTHORIZING THE CITY OF MAPLEWOOD TO ISSUE
HOUSING REVENUE BONDS AND AUTHORIZING THE
SUBMISSION OF FINANCING PROGRAM FOR APPROVAL TO THE
MINNESOTA HOUSING FINANCE AGENCY AND
AUTHORIZING THE PREPARATION OF NECESSARY
DOCUMENTS AND MATERIALS IN CONNECTION
WITH THE SAID PROJECT AND PROGRAM
(THE COTTAGES OF MAPLEWOOD PROJECT)
WHEREAS,
(a) Minnesota Statutes, Chapter 462C (the "Act") confers upon
Cities, or housing and redevelopment authorities or port authorities
authorized by ordinance to exercise on behalf of a city the powers
conferred by the Act, 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 The Arkell Development Corpora-
tion (the "Developer") a proposal that the City undertake a program
to finance a Project hereinafter described, through the issuance of
revenue bonds or obligations (in one or more series) (the "Bonds")
pursuant to the Act;
(c) The City desires to: facilitate the development of rental
.housing within the community; encourage the development of affordable
housing opportunities for residents of the City; encourage the develop-
ment of housing facilities designed for occupancy by elderly persons;
and encourage the development of blighted or underutilized land and
structures within the boundaries of the City.; and the Project will
assist the City in achieving these objectives.
(d) The Developer is currently engaged in the business of real
estate development. The Project to be financed by the bonds is the
acquisition, construction and equipping of a 48,000 square foot
(approximately) multifamily rental housing development of approxi-
mately 60 rental units located south of Woodlynn Avenue and East of
Ariel Street, in the City of Maplewood, and consists of the con-
. struction and equipping of buildings thereon which will result in
the provision of additional rental housing opportunities to persons
- 9 - 12/14
within the community;
(e) The City has been advised by representatives of the Developer
that conventional, commercial financing to pay the capital costs of the
Project is available only on a limited basis and at such high costs of
borrowing that the economic feasibility of operating the project would
be significantly reduced, but the Developer has also advised the City
that with the aid of municipal financing, and resulting low borrowing
costs, the Project is economically more feasible;
(f) A public hearing on the Project and the financing program
therefor was held on December 14, 1987, 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 and written comments were accepted and considered;
(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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota, as follows:
1. The City hereby gives preliminary approval to the proposal of the
Developer that the City undertake the Project, described above, and
the program of financing therefor, pursuant to Minnesota Statutes,
Chapter 462C, consisting of the acquisition and construction of
multi-family rental housing facilities within the City pursuant
to the Developer's specifications and to a revenue agreement between
the City and the Developer on such terms and conditions with pro-
visions for revision from time to time as necessary, so as to pro-
duce income and revenues sufficient to pay, when due, the principal
and interest on the bonds in the total principal amount of approxi-
mately $2,800,000 to be issued pursuant to the Act to finance the
acquisition and construction of the Project; and said agreement may
also provide for the entire interest of the Developer therein to be
mortgaged to the purchasers of the bonds, or a trustee for the
holder(s) of the Bonds; and the City, acting by and through the
City, hereby undertakes preliminarily to issue its bonds in accor-
dance with such terms and conditions;
2. At the option of the City, the financing may be structured so as
to take advantage of whatever means are available and are permitted
by law to enhance the security for, or marketability of, the Bonds;
provided that any such financing structure must be consented to by
the Developer.
3. On the basis of information available to the City it appears, and
the City hereby finds, that the Project constitutes a multi-family
housing development within the meaning of subdivision 5 of Section
46X.02 of the Act; that the availability of the financing under
the Act and the willingness of the City to furnish such financing
will be a substantial inducement to the Developer to undertake the
Project, and that the effect of the Project, if undertaken, will be
to encourage the provision of additional multi-family senior rental
housing opportunities to residents of the City, and to promote more
intensive development and use of land within the City;
4. The Project and the program to finance the Project by the issuance
of revenue bonds, is hereby given preliminary approval by the City
subject to the approval of the financing program by the Minnesota
Housing Finance Agency ("MHFA") and subject to final approval by
the City, the Developer and the purchasers of the bonds as to ulti-
mate details of the financing of the project;
5. In accordance with subdivision 5 of Section 46X.05, Minnesota
Statutes, the City Clerk is hereby authorized and directed to sub-
mit the program for financing the project to MHFA, requesting its
approval, and other officers, and employees and agents of the City
are hereby authorized to provide MHFA with preliminary information
as it may require;
6. The Developer has agreed and it is hereby determined that any and
all costs incurred by the City in connection with the financing of
the Project whether or not the project is carried to completion
and whether or not approved by MHFA will be paid by the Developer;
7. Briggs and Morgan, Professional Association, acting as bond counsel,
is authorized to assist in the preparation and review of necessary
documents relating to the Project and the financing program therefor,
to consult with the City Attorney, Developer and purchasers of the
Bonds (or trustee far the purchasers of the Bonds) as to the maturi-
ties, interest rates and other terms and provisions of the Bonds and
as to the covenants and other provisions of the necessary documents
and submit such documents to the City for final approval;
8. Nothing in this Resolution or the documents prepared pursuant hereto
shall authorize the expenditure of any municipal funds on the Project
other than the revenues derived from the Project or otherwise granted
to the City for this purpose. The bonds shall not constitute a
charge, lien or encumbrance, legal or equitable, upon any property
or funds of the City except the revenue and proceeds pledged to the
payment thereof, nor shall the City be subject to any liability
thereon. The holder of the bonds shall never have the right to com-
pel any exercise of the taxing power of the City to pay the outstand-
ing principal on the bonds or the interest thereon, or to enforce
payment thereon against any property of the City, except such property
as may be expressly pledged for the security of the Bonds. The Bonds
shall recite in substance that Bonds, including the interest thereon,
are payable solely from the revenue and proceeds pledged to the pay-
ment thereof. The bonds shall not constitute a debt of the City
within the meaning of any constitutional or statutory limitation.
9. In anticipation of the approval by MHFA and the issuance of the
Bonds to finance all or a portion of the Project, and in order that
completion of the project will not be unduly delayed when approved,
the Developer is hereby authorized to make such expenditures and
advances toward payment of that portion of the costs of the Project
to be financed from the proceeds of the bonds, as the Developer
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considers necessary,including the nse of interim, short-term
financing, subject to reimbursement from the proceeds of the
Bonds if any when delivered but otherwise without liability on
the part of the City.
10. The actions of City Staff in causing the notice of public hearing
to be published in the Maplewood Review are hereby ratified, con-
firmed and adopted.
11. The Developer shall enter into various agreements with the City
which shall impose the following restrictions on the Developer and
the Project•
(a) Construction must begin within one year of preliminary.
approval on the Project (December 14, 1987). 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:
(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 of
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 td employ Minnesota
residents in at least 80~ of the jobs created by the
project; and, at least 60~ of the group shall be resi-
dents of the seven-county metropolitan area. Resident
status under both of the above categories shall be de-
termined as of the date of the Project's preliminary
approval by the City council (December 14, 1987). How-
ever, 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 con-
struction 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 re uirements
q
shall apply to all subcontractors workin on the Project.
g J
(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:
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(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 ap-
proval over the metropolitan average.
(ii) There is reasonable assurance that the Project will
be able to comply with the federal, county and City
low-to-moderate income requirements over the life
of the bond issue.
(d) The bond indenture for the Bonds shall require:
(i) The Developer to periodically certify to the City
and trustee, compliance with the f~=deral 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 require-
ments.
(e) As a condition of approving the Project, a lump-sum fee at
Bond closing or an annual fee over the life of the Bond will
be required. The City reserves the right to choose the fee
option that will be the most beneficial to the City. This
choice will be made when the final resolution for the Project
and the Bonds is adopted. Factors to be taken into account
will include, but not be limited to:
(i) The size of the bond issue.
(ii) Unbudgeted City funding needs at the time of the request.
(iii) The number of requests.
(iv) Federal arbitrage considerations.
(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 arbi-
trage 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
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remaining annual fee payments, from the date of
prepayment to final Bond maturity, subject to
federal arbitrage restrictions.
(ii) Lump-sum fee: At Bond closing, a lump-sum fee shall
be paid that is equivalent to the present value of the
annual fee option. The present value must be determined
by a qualified expert, acceptable to the City.
(g) 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 Developer elects to provide 40% of the
Project units complying with the 60% median income requirement;
(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; and
_ (i) 51% of the Project units shall be affordable to households
which have adjested gross incomes of no more than 80% of the
metropolitan median income.
Seconded by Councilmember Anderson. Ayes - all.
2. 7:10 P.M., On-Sale Liquor License
a. Days Inn, 1780 E. County Road D
1, Mayor Greavu convened the meeting for a public hearing regarding
the request of Deborah D. Snyder, Ronald L. Ringling, Robert S. Snyder
and Delvin D. Junker for an On-Sale Intoxicating Liquor License at
Days Inn, 1780 E. County Road D.
2. Manager McGuire presented the Staff report.
3. Mr. Robert Snyder, the applicant, spoke on behalf of the request.
4. Mayor Greavu called for proponents. None were heard.
5. Mayor Greavu called for opponents. None were heard.
6. Mayor Greavu closed the public hearing.
7. Councilmember Wasiluk introduced the following resolution and moved its
adoption:
87 - 12 - 223
NOTICE IS HEREBY GIVEN, that pursuant to action by the City
Council of the City of Maplewood on December 14, 1987,an On-Sale
Intoxicating Liquor License was approved for Deborah Snyder, dba
Days Inn, 1780 E. County Road D.
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The Council proceeded in his matter as outlined in the
Municipal Code.
Seconded by Councilmember Juker. Ayes - all.
b. Chesters, 3088 White Bear Avenue
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of David M. Ryan for an On-Sale Intoxicating Liquor
License at Hoff-N-Sipper (formerly Chesters) 3088 White Bear Avenue.
2. Manager McGuire presented the Staff report.
3. David Ryan, the applicant, spoke on behalf of his request.
4. Mayor Greavu called for proponents. None were heard.
5. Mayor Greavu called for opponents. None were heard.
6. Mayor Greavu closed the public hearing.
7. Councilmember Anderson introduced the following resolution and maned
its adoption:
87 - 12 - 224
NOTICE IS HEREBY GIVEN that pursuant to action by the City
Council of the City of Maplewood on December 14, 1987, an On-Sale
Intoxicating Liquor License was approved for David Ryan, dba Hoff-N-
Sipper, 3088 White Bear Avenue (formerly Chesters.)
The Council proceeded in this matter as outlined in the Munici-
pal Gode.
Seconded by Councilmember Juker. Ayes - all.
3. 7:20 P.M., Code Amendment: Metal Storage buildings (2nd Reading - 4 Votes)
a. Mayor Greavu convened the meeting for a public hearing regarding the
adoption of a proposed ordinance to allow metal storage buildings in an
M-1 light manufacturing zone.
b. Manager McGuire presented the Staff report.
c. Commissioner Bob Cardinal presented the Planning Commission report.
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. Mayor Greavu introduced the following ordinance and moved its adoption:
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ORDINANCE N0. 616
AN ORDINANCE REGULATING METAL STORAGE BUILDINGS
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 9-6 (a), metal pole buildings, are amended as follows:
Sec. 9-6 Metal storage buildings.
(a) It shall be unlawful to erect a metal storage building in the City
which is of a design commonly referred to as a "pole barn" or "agri-
building", unless such building:
i. would be located in a F, farm residence district,
2, would be a metal storage building commonly used as a back yard
storage shed
3. would be located in a M-1, light manufacturing or M-2, heavy
manufacturing district and would be substantially screened
so as to be 80~ opaque as viewed from residentially-zoned land
or streets. If the screening is removed or dies and is not re-
placed, the City Council may require removal of the building. If
the value of the building exceeds $25,000, the City Council shall
allow at least a five-year amortization period, or
4. would be located in a BC, business commercial district and
approved with a conditional use permit as required in Section
36-153 (2) (f
Section 2. Section 36-153 (2) is amended as follows: '
(2) Conditional uses: The following uses are allowed when authorized by the City
Council as a conditional use:
(a) All uses permitted in R-3 Residence Districts.
(b) Processing and distributing station for milk or other beverages,
carting or hauling station.
(c) Place of amusement, recreation or assembly, other than a theater,
when conducted indoors.
(d) Yard for storage, sale and distribution of ice, coal, fuel oil or
building materials, when enclosed within a fence of not less than six (6)
feet in height, but not including junkyard, salvage, automobile or other
wrecking yard.
(e) Used Car lot.
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(f) Metal storage buildings, provided that in addition to the general
findings required for a conditional use, the following additional findings
must be made:
1. The building would be substantially screened so as to be 80~
opaque as viewed from streets or residentially zoned land.
2. The building would not be of lesser quality than surrounding
development.
If the screening is removed or dies and is not replaced, the City Council
may require removal of the building. If the value of the building exceeds
$25,000, the City Council shall allow at least a five-year amortization
period.
Section 3. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Anderson. Ayes - all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Hardship Ordinance (2nd Reading)
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following ordinance and moved its adoption:
ORDINANCE N0. 617
AN ORDINANCE PROVIDING FOR APPLICATIONS FOR
INSTALLMENT PAYMENTS OF CHARGES DUE TO HARDSHIP
Section 35-26 of the Maplewood Code of Ordinances is amended to add the following
language:
"Section 35-26. Applications for Installment Payments Due to Hardship.
Any person financially unable to pay a cash connection charge may make applica-
tion to the City Manager to provide for installment payments for such connection
charge. Such application shall include the following information:
1. Name and address of applicant
2. Owner and legal description of subject property
3. Reason and proof of financial hardship of applicant
4. A copy of the most recent income tax return
5. A sworn financial statement showing all assets, liabilities, sources of
income and expenses.
If the City Manager finds sufficient financial hardship to the applicant, the
Manager may provide for payments of such charge in annual installments for a
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period not to exceed five years, and collectable with property taxes due on
the subject property. The applicant may appeal the Manager's decision to the
City Council."
Seconded by Councilmember Anderson. Ayes - all.
2. Code Amendment: Townhouse - 2nd Reading (4 Votes)
a. Manager McGuire presented the Staff report.
b. Director of Community Development explained the proposal.
c. Commissioner Bob Cardinal presented the Planning Commission report.
d. Mayor Greavu moved second reading of an ordinance amending the require-
ments for townhouses by deleting the minimum lot area requirements; revise
the units per structure requirement; and delete the construction requirements.
Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers
Bastian and Wasiluk
Nays - Councilmembers Anderson and
Juker.
Motion defeated. 4 Votes required.
I. NEW BUSINESS
1. Code Amendment: BC (M) District - Gas Pumps (1st Reading)
a. Manager McGuire presented the Staff report.
b. Director of Community Development Olson presented the specifics of the
proposal.
c. Councilmember Anderson moved first reading of an ordinance amending the
BC (M) business commercial (modified) zoning distrct to allow gas sales with
no more than two pumps on a single island.
Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Wasiluk
Nay - Councilmember Juker.
2. Beam Avenue Watermain, City Project 84-12 - Change Order #2
a. Manager McGuire presented the Staff report:.
b. Councilmember Anderson introduced the following resolution and moved its
adoption•
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87-12-225
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 84-12 and has let a construction con-
. tract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be
modified and designated as Improvement Project 84-12 Change Order Two.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the Alayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change
Order Two.
Seconded by Mayor Greavu. Ayes - all.
c. Councilmember Anderson moved to authorize Staff to contact Short
Eliott Hendersen for compensation for these chance orders.
Seconded by Councilmember Juker. Ayes - all.
3. Beam Avenue Watermain - City Project 84-12 - Change Order No. 3
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
87 - 12 - 226
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 84-12 and has let a construction con-
tract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified
and designated as Improvement Project 84-12 Change Order Three.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order
Three.
Seconded by Councilmember Wasiluk. Ayes - all.
4. Appointment - School Boundary Criteria Meeting
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson moved to appoint Councilmember Fran Juker to the
School Boundary Criteria Committee for School District 622.
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Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers.
li Anderson, Bastian and Wasiluk
Nay - Councilmember Juker.
5. Policy on Alcohol/Drug Abuse, A.I.D.S. and Sexual Harassment.
a. Manager McGuire stated there are no formal policies at this time, but
they are being developed.
b. No action taken.
6. White Bear Avenue/11th Avenue Redevelopment
a. Director of Community Development Olson presented the Staff report.
b. Tami Skweres and Mike Jansen, Merrill Lynch Realty, 1876 Beam Avenue,
explained their redevelopment proposal for the area.
c. The following area residents asked questions regarding the redevelopment
of the area.
Roger Anitzberger, 1949 Castle Avenue
Wm. McGraw, 1958 Gervais
John Hardenbrook, 1970 Gervais
Roger R. Kult, 2444 White Bear Avenue
d. No action taken.
Councilmember Anderson moved to extend the meeting to 11:00 P.M.
Seconded by Mayor Greavu. .Ayes - all.
7. North/Tartan Band Boosters
a. Manager McGuire presented a letter from the North/Tartan Band Boosters
requesting help in financing their bands invitation to represent Minnesota
at the Hall of Fame College Bowl in Tampa, Florida, on January 1, 1988.
b. Council urged citizens to donate to this endeavor.
8. Council/Staff Workshop
a. Manager McGuire presented the Staff report.
b. Councilmember Bastian moved to establish a 1988 Council/Staff Leadership
Workshop on January 8 and 9, 1988, at Riverwood'Conference Center.
Seconded by Councilmember Wasiluk. Ayes - Councilmembers Bastian and Wasiluk.
Nays - Mayor Greavu, Councilmembers
Anderson and Juker.
Motion failed.
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9. Elimination of Special Assessment Fund for Public Improvement Projects
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to table this item for further information.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Wasiluk
Nay - Councilmember Bastian.
10. Investments Custody Services Agreement
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson moved to deny the request_to=execute a custody
~reement with First Trust and the establishment of the appropriate ac-
counts to implement the agreement.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker.
Nays - Councilmembers Bastian and Wasiluk.
11. Ordinance to Increase Hydrant Charge Rates
a. Manager McGuire presented the Staff report.
b. Councilmember Bastian moved first reading of an ordinance to increase the
hydrant charge rates.
Seconded by Councilmember Anderson. Ayes - all.
J. VISITOR PRESENTATIONS
1. PIr. Joseph Timmers, 1621 E. Sandhurst.
a. Mr. Timmers stated his opinion of the attempt to correct the drainage
problems at Sherwood Park.
b. No action taken.
M. ADJOURNMENT
11:00 P.M.
City Clerk
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