HomeMy WebLinkAbout08-14-2006Q
C.
I,
E.
MINUTES
MAPLEWOOD CITY COUNCIL
7:05 P.M. Monday, August 14, 2006
Council Chambers, City Hall
Meeting No. 06-21
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at
7:05 P.M. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor Present
Rebecca Cave Councilmember Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF AGENDA
Councilmember Rossbach moved to approve the agenda as amended.
17. Pulled
19. Moved to Appointments/Presentations
110. Moved to Appointments/Presentations
111. Moved to Appointments/Presentations
117.
Pulled
G1.
Tabled
G2.
Boy Scout Troop 73
M1.
National Night Out
M2.
Wood burning Furnaces
M3.
South Leg Meeting
M4.
Overnight Parking
Seconded by Councilmember Cave
APPROVAL OF MINUTES
Ayes -All
Minutes from the July 17, 2006 Council/Manager Workshop
Councilmember Juenemann moved to approve the minutes from the July 17, 2006
Council/Manager Workshop as amended.
Seconded by Councilmember Hjelle
Ayes -All
2. Minutes from the July 17, 2006 Special City Council Meeting
Councilmember Cave moved to approve the minutes from the July 17, 2006 Special City
Council meeting as presented.
Seconded by Councilmember Hjelle
Ayes -All
City Council Meeting 08-14-06
3. Minutes from the July 24, 2006 Special City Council Meeting
Mayor Longrie moved to approve the minutes from the July 24, 2006 Special City
Council Meeting as presented.
Seconded by Councilmember Hjelle Ayes -All
4. Minutes from the July 24, 2006 City Council Meeting
Councilmember Juenemann moved to approve the minutes from the July 24, 2006
City Council Meeting as amended.
Seconded by Councilmember Hjelle Ayes -All
F. VISITOR PRESENTATIONS
Lon Greenly, 977 Frost Avenue, asked council to consider a mobile park closing ordinance
which approximately 17 other cities have adopted. He stated that residents of the St. Paul
Tourist Cabins do not feel as though they are being treated fairly in the buyout process of their
homes and feel they would be treated more fairly with a park closing ordinance in place.
2. Nancy Lazaryan, 10734 West Lake Road, Rice, MN, spoke regarding a summons she served
on the city, Interim City Attorney and an employee. She also spoke to her recent arrest for
posting no trespassing signs on a property in Maplewood.
G. APPOINTMENTS/PRESENTATIONS
Housing and Redevelopment Authority Appointments
Item was tabled to allow for council to complete the interview process.
2. Boy Scout Troop 73
The following introductions were made:
Marvin Koppen, 1990 Ripley Avenue East, Committee Chair for Boy Scout Troop 73 for 20
years
Les Nelson, 2201 Birmingham, Scout Master for Boy Scout Troop 73 for 12 years
Nel Mary, 1314 County Road C, Maplewood
Matt Mary, 1314 County Road C, Maplewood
Brad Koppen, 1990 Ripley Avenue East, Maplewood
Pam Prokosh, 1423 Lark Avenue, Maplewood
Daniel Prokosh, 1423 Lark Avenue, Maplewood
Larry Pruden, 2071 Hazelwood, Assistant Scout Master
Ten Eagle Scouts who worked with Parks and Recreation Director Anderson on achieving that
status provided Mr. Anderson an award of appreciation for all of his time and efforts.
2. Donation of a Vehicle to the Police Department
a. Police Chief Thomalla presented the report.
Mayor Longrie moved to accept a vehicle from Maplewood Toyota to be used in the bait car
program to apprehend suspects who break into vehicles.
Seconded by Councilmember Hjelle Ayes -All
City Council Meeting 08-14-06
3. Donation to the Maplewood Police Reserves
a. Police Chief Thomalla presented the report.
Councilmember Juenemann moved to accept a $425 donation to the Maplewood Police
Reserves from the Ramsey County Agricultural Society to be used for training, uniforms and
equipment.
Seconded by Councilmember Hjelle Ayes -All
4. Fall Clean -Up Event
a. Environmental Manager Konewko presented the report.
Councilmember Hjelle moved to approve the date of October 14, 2006 from 8:00 a.m. to 12
noon for the Fall Clean -Up event to be held at Gethsemane Lutheran Church.
Seconded by Mayor Longrie Ayes -All
H. PUBLIC HEARINGS
7:00 p.m. Regions Sleep Clinic Tax -Exempt Financing Request (2688 Maplewood Drive North)
a. Planner Finwall presented the report.
b. Jenny Bolton, Briggs and Morgan, presented further specifics from the report.
C. Mayor Longrie opened the public hearing, calling for proponents or opponents. The
following persons were heard:
None
d. Mayor Longrie closed the public hearing.
Councilmember Juenemann moved to adopt the following resolution approving Maplewood giving
approval for the note for up to $2.6 million in tax-exempt revenue financing for the Regions Sleep
Health Clinic at 2688 Maplewood Drive:
RESOLUTION 06-08-099
APPROVING THE ISSUANCE AND SALE OF THE $2,600,000
HEALTH CARE FACILITY REVENUE NOTE, SERIES 2006
AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO
(REGIONS HOSPITAL SLEEP DISORDER CLINIC PROJECT)
WHEREAS,
(a) Minnesota Statutes, Chapter 469.152 to 469.1651 (the "Act") as found and determined by the
legislature is to promote the welfare of the state by the active attraction and encouragement and development of
economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal
lands and areas of chronic unemployment;
(b) Factors necessitating the active promotion and development of economically sound industry and
commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase
in the amount and cost of governmental services required to meet the needs of the increased population and the
need for development of land use which will provide an adequate tax base to finance these increased costs and
access to employment opportunities for such population;
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(c) The Maplewood City Council (the "City") has received from Regions Hospital, a Minnesota nonprofit
corporation organized under the laws of the State of Minnesota (the "Borrower"), a proposal that City assist in
financing a Project hereinafter described, through the issuance of a Revenue Note, referred to in this resolution as
the "Revenue Note" or "Note", pursuant to the Act;
(d) The City desires to facilitate the selective development of the community, provide services to
persons with sleep disorders, retain and improve the tax base and help to provide the range of services and
employment opportunities required by the population; and the Project will assist the City in achieving those
objectives and will enhance the image and reputation of the community;
(e) The Borrower is currently engaged in the business of providing health care services, including
diagnosis and treatment of sleep disorders. The Revenue Note will be issued to finance the acquisition,
construction and equipping of an approximately 7,000 square foot building located at 2688 Maplewood Drive in the
City (the "Project"). The Project will be owned and operated by the Borrower;
(f) The City has been advised by representatives of the Borrower 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 significantly reduced, but the Borrower
has also advised the City that with the aid of municipal financing, and its resulting low borrowing cost, the Project is
economically more feasible;
(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.
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "City"), as follows
SECTION 1. LEGAL AUTHORIZATION AND FINDINGS.
1.1 Findings. The City hereby finds, determines and declares as follows
(a) The City is a political subdivision of the State of Minnesota and is authorized under the Act to
assist the revenue producing project herein referred to, and to issue and sell the Note, as hereinafter defined, for
the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution.
(b) As required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code"), the City has, on this same date, held a public hearing on the issuance of one or more
revenue notes to finance the Project.
(c) The issuance and sale of the $2,600,000 Health Care Facility Revenue Note, Series 2006
(Regions Hospital Sleep Disorder Clinic Project) (the "Note") by the City, pursuant to the Act, is in the best interest
of the City, and the City hereby determines to issue the Note and to sell the Note to Wells Fargo Brokerage
Services, LLC (the "Lender"), as provided herein. The City will loan the proceeds of the Note (the "Loan") to the
Borrower in order to finance the Project.
(d) Pursuant to a Loan Agreement (the "Loan Agreement") to be entered into between the City
and the Borrower, the Borrower has agreed to repay the Note in specified amounts and at specified times sufficient
to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement
contains provisions relating to the construction, the maintenance and operation of the Project, indemnification,
insurance, and other agreements and covenants which are required or permitted by the Act and which the City and
the Borrower deem necessary or desirable for the financing of the Project. A draft of the Loan Agreement has
been submitted to the City Council.
(e) Pursuant to a Pledge Agreement to be entered into between the City and the Lender, the
City has pledged and granted a security interest in all of its rights, title, and interest in the Loan Agreement to the
Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses). A draft
of the Pledge Agreement has been submitted to the City Council.
(f) Pursuant to an Escrow Agreement (the "Escrow Agreement") by and between the Borrower
and the Lender, the Lender will disburse the proceeds of the Note to the Borrower to finance the Project.
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(g) The Note will be a special limited obligation of the City. The Note shall not be payable from
or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the City be subject to
any liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of
the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City.
The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation.
(h) On the basis of information available to this Council it appears, and the Council hereby finds,
that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue
producing enterprises within the meaning of Subdivision 2(d) of Section 469.153 of the Act; that the Project furthers
the purposes stated in Section 469.152; that the availability of the financing under the Act and willingness of the
City to furnish such financing will be a substantial inducement to the Borrower to undertake the Project, and that
the effect of the Project, if undertaken, will be to provide necessary health care facilities so that adequate health
care services are available to residents of the state at reasonable cost, to provide the range of services and
employment opportunities required by the population, and 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.
(i) It is desirable, feasible and consistent with the objects and purposes of the Act to issue the
Note, for the purpose of financing the costs of the Project.
1.2 Authorization and Ratification of Project. The City has heretofore and does hereby authorize the
Borrower, in accordance with the provisions of the Act and subject to the terms and conditions imposed by the
Lender, to provide for the acquisition, construction and equipping of the Project by such means as shall be
available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as
may be required for the acquisition and construction of other municipal facilities; and the City hereby ratifies,
affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such
authority.
SECTION 2. THE NOTE.
2.1 Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in
substantially the form submitted to the City Council with such appropriate variations, omissions and insertions as
are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total
aggregate principal amount of the Note that may be outstanding hereunder is expressly limited to $2,600,000,
unless a duplicate Note is issued pursuant to Section 2.7.
2.2 The Note. The Note shall be dated as of the date of delivery to the Lender, shall be payable at the
times and in the manner, shall bear interest at the rates, and shall be subject to such other terms and conditions as
are set forth therein.
2.3 Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and
Clerk and shall be sealed with the seal of the City; provided that the seal may be intentionally omitted as provided
by law. In case any officer whose signature shall appear on the Note shall cease to be such officer before the
delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had
remained in office until delivery. In the event of the absence or disability of the Mayor or the Clerk such officers of
the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of
the City Council execute and deliver the Note.
2.4 Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender (except to the
extent waived by the Lender) the following items:
(1) an executed copy of each of the following documents:
(a) the Loan Agreement;
(b) the Pledge Agreement;
(c) the Escrow Agreement;
City Council Meeting 08-14-06
Counsel;
(2) an opinion of Counsel for the Borrower as prescribed by the Lender and Bond
(3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note;
(4) a 501(c)(3) determination letter from the Internal Revenue Service evidencing that
the Borrower is exempt from income taxation under Section 501(c)(3) of the Code;
(5) such other documents and opinions as Bond Counsel may reasonably require for
purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably
require for the closing.
2.5 Disposition of Note Proceeds. Upon delivery of the Note to Lender, the Lender shall, on behalf of
the City, disburse the proceeds of the Note for payment of Project Costs in accordance with the terms of the Loan
Agreement and the Escrow Agreement.
2.6 Registration of Transfer. The City will cause to be kept at the office of the City Clerk a Note Register
in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of
transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be
transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon
surrender of the Note together with a written instrument of transfer satisfactory to the Clerk, duly executed by the
Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose.
For value received hereby sells, assigns and transfers unto the
within Note of the City of Maplewood, Minnesota, and does hereby irrevocably constitute and
appoint
power of substitution
accordance with the
Note.
attorney to transfer said Note on the books of said City with full
in the premises. The undersigned certifies that the transfer is made in
provisions of Section 2.9 of the Resolution authorizing the issuance of the
Dated:
Registered Owner
Upon such transfer the Clerk shall note the date of registration and the name and address of the new note
holder in the Note Register and in the registration blank appearing on the Note.
2.7 Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall become mutilated or be
destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of
like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such
mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the
reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost,
the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated,
destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not
be necessary to issue a new Note prior to payment.
2.8 Ownership of Note. The City may deem and treat the person in whose name the Note is last
registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the
absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance,
redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice
to the contrary.
2.9 Limitation on Note Transfers. The Note has been issued without registration under state or other
securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or
transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation
agreement, except as an exempt security or as an exempt transaction.
City Council Meeting 08-14-06
2.10 Issuance of New Notes. Subject to the provisions of Section 2.9, the City shall, at the request and
expense of the Lender, issue new notes, in an aggregate outstanding principal amount equal to that of the Note
surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments
payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the
Lender.
SECTION 3. MISCELLANEOUS.
3.1 Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be
inoperative or unenforceable as applied in any particular case in any jurisdiction orjurisdictions or in all jurisdictions
or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for
any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or
unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained
invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases,
sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this
Resolution or any part thereof.
3.2 Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified
copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters
which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all
statements contained therein.
3.3 Authorization to Execute Agreements. The forms of the proposed Loan Agreement, the Pledge
Agreement and the Escrow Agreement are hereby approved in substantially the form heretofore presented to the
City Council, together with such additional details therein as may be necessary and appropriate and such
modifications thereof, deletions there from and additions thereto as may be necessary and appropriate and
approved by Bond Counsel prior to the execution of the documents, and the Mayor and Clerk of the City are
authorized to execute the Loan Agreement and the Pledge Agreement in the name of and on behalf of the City and
such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the
event of the absence or disability of the Mayor or the Clerk such officers of the City as, in the opinion of the City
Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and
execute all instruments and documents required to be done or executed by such absent or disabled officers. The
execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive
evidence of the approval of such documents in accordance with the terms hereof.
3.4 Project Approval. In anticipation of the approval of the Project by the State of Minnesota,
Department of Employment and Economic Development and all other necessary entities and the issuance of the
Note 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 Borrower 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 Note as the Borrower considers
necessary, including the use of interim, short term financing, subject to reimbursement from the proceeds of the
Note if and when delivered but otherwise without liability on the part of the City.
3.5 Qualified Tax Exempt Obligation. In order to qualify the Note as a "qualified tax-exempt obligation"
within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the City
hereby makes the following factual statements and representations;
(a) the Note is not treated as a "private activity bond" under Section 265(b)(3) of the Code;
(b) the City hereby designates the Note as a qualified tax-exempt obligation for purposes of
Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than obligations
described in clause (ii) of Section 265(b)(3)(C) of the Code) which will be issued by the City (and all entities whose
obligations will be aggregated with those of the City) during the calendar year 2006 will not exceed $10,000,000;
and
City Council Meeting 08-14-06
(d) not more than $10,000,000 of obligations issued by the City during the calendar year 2006
have been designated for purposes of Section 265(b)(3) of the Code.
Seconded by Councilmember Hjelle Ayes -All
I. CONSENT AGENDA
Councilmember Hjelle moved to approve consent agenda items 1, 3, 5, 8, 12, 14-16, 19 and 20.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Rossbach moved to approve consent agenda item 2.
Seconded by Councilmember Cave
Ayes -All
Mayor Longrie moved to approve consent agenda item 4.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Juenemann moved to approve consent agenda item 6.
Seconded by Councilmember Hjelle
Ayes -All
Councilmember Juenemann moved to table consent agenda items 7 (until brought back to council by
staff) and item 17 (until brought back to council by the developer).
Seconded by Mayor Longrie
Ayes -All
Councilmember Hjelle moved to approve consent agenda item 13.
Seconded by Councilmember Cave
Ayes -All
Councilmember Juenemann moved to approve consent agenda item 17.
Seconded by Councilmember Hjelle
Ayes -All
Councilmember Hjelle moved to approve consent agenda item 18.
Seconded by Councilmember Juenemann
Ayes-Councilmembers Cave, Hjelle
Juenemann and Rossbach
Nay -Mayor Longrie
Councilmember Hjelle moved to approve consent agenda item 21.
Seconded by Councilmember Cave
Ayes -All
Councilmember Juenemann moved to approve consent agenda item 22.
Seconded by Councilmember Hjelle Ayes -All
Approval of Claims
ACCOUNTS PAYABLE:
$ 1,059,445.08 Checks # 70445 thru # 70506
dated 7/25/06
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$ 348,896.45 Disbursements via debits to checking account
dated 07/13/06 thru 07/20/06
$ 542,078.67 Checks # 70507 thru # 70581
dated 07/27/06 thru 08/01/06
$ 148,810.24 Disbursements via debits to checking account
dated 07/21/06 thru 7/27/06
$ 644,628.11 Checks # 70582 thru # 70619
dated 08/01/06 thru 08/08/06
$ 2,060,566.53 Disbursements via debits to checking account
dated 07/28/06 thru 08/03/06
$ 4,804,425.08 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 591,250.15 07/28/06
$ 2,305.25 Payroll Deduction check # 105764 thru # 105765
dated 07/28/06
$ 593,555.40 Total Payroll
$ 5,397,980.48 GRAND TOTAL
2. Conditional Use Permit Review — Saint Paul Regional Water Services (1900 Rice Street)
Approved to review the conditional use permit for the St. Paul Regional Water Services
campus at 1900 Rice Street again in one year.
3. Conditional Use Permit Review — Lexus Motor Vehicle Service Center (1245 County Road D)
Approved the conditional use permit for the Lexus auto -service center at 1245 County Road D
in one year.
4. Conditional Use Permit Review — City Impound Lot/Outdoor Storage Yard (1160 Frost Avenue)
Approved the conditional use permit for the outdoor -storage yard at 1160 Frost Avenue until its
required sunset date of November 1, 2007 with the added requirement that the gate to the fence
remain locked. The land may be used under the terms of this permit, but any changes must be
reviewed as an amendment subject o the requirements of the city ordinance.
5. Legacy Village PUD Review - (County Road D, Kennard Street and Legacy Parkway)
Approved to review the conditional use permit for the Legacy Village PUD in one year.
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6. Heritage Square Second Addition PUD Review - (Kennard Street and Legacy Parkway)
Approved to review the conditional use permit for the Heritage Square 2nd addition PUD in one
year.
7. Development Agreement Release — Hartford Group (Legacy Village)
Approved the release of obligations under the Master Development Agreement and approved
the Special Assessments Escrow Agreement.
8. Applewood Park Change Order #4
Approved change order #4 with the monies to be allocated form the city P.A.C. fund.
Item moved to Appointments/Presentations
Item moved to Appointments/Presentations
Item moved to Appointments/Presentations
12. Cottages at Legacy Village Development, City Project 04-12, Approve Board of Water
Commissioners of the City of Saint Paul Private Water Main Agreement
Approved the private water main agreement between Southwind Builder, Inc., the City of
Maplewood and the Board of Water Commissioners of the City of St. Paul.
13. Storm Water Maintenance Agreement for Lexus of Maplewood Site, Troutland Auto Dealers,
City Project 05-13
Authorized the Mayor and City Manager to sign, notarize and record the Storm Water
Maintenance Agreement for Lexus of Maplewood.
14. Springside Street Extension, City Project 03-36, Resolution for Modification of the Existing
Construction Contract, Change Order No. 1
Adopted the following resolution directing the modification of the existing construction contract,
Change Order No. 1, for the Springside Drive Street Extension, City Project 03-36:
RESOLUTION 06-08-093
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 03-36, CHANGE ORDER No. 1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 03-36, Springside Drive and has let a construction contract pursuant to Minnesota
Statutes, Chapter 429, and
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WHEREAS, the City Engineer has reported that it is now necessary and expedient that said
contract be modified and designated as Improvement Project 03-36, Change Order No. 1 as an
increase to said contract by an amount of $1,931.60, such that the new contract amount is now and
hereby established as $120,399.58.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of
Maplewood to signify and show that the existing contract is hereby modified through said Change Order
No. 1 as a contract increase in the amount of $1,931.60. The revised contract amount is $120,399.58.
15. Cottagewood Public Improvements, City Project 06-10, Resolution Accepting Report and
Ordering Public Hearing
Adopted the following resolution accepting the report and calling for a public hearing for
7:00 p.m., Monday, August 28, 2006, for the Cottagewood Public Improvement project:
RESOLUTION 06-08-094
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the council adopted May 22, 2006, a report has been
prepared by the city engineering division with reference to the Cottagewood Public Improvement, and
this report was received by the council on August 7, 2006, and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The council will consider the Cottagewood Public Improvement in accordance with the
report and the assessment of the developer for all or a portion of the cost of the improvement pursuant
to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $110,762.92.
2. A public hearing shall be held on such proposed improvement on the 28th day of August,
2006 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published
notice of such hearing and improvement as required by law.
16. Gervais Avenue Street Improvements, City Project 05-17, Resolution Accepting Roll and
Ordering Assessment Hearing
Adopted the following resolution for the Gervais Avenue Street Improvements, Project 05-17:
Accepting Assessment Roll and Ordering Assessment Hearing:
RESOLUTION 06-08-095
ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an
assessment roll for the Eldridge Avenue Street and Utility Improvements, City Project 05-17, and the
said assessment roll is on file in the office of the city engineer.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall be held on the 11th day of September 2006, at the city hall at 7:00 p.m.
to pass upon such proposed assessment and at such time and place all persons owning property
affected by such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to
mail notices to the owners of all property affected by said assessment.
The notice of hearing shall state the date, time and place of hearing, the general nature of the
improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and
city engineer and that written or oral objections will be considered.
Item pulled from the agenda.
18. Approval of Capital Purchase for Sanitary Sewer Television Camera Equipment and Vehicle
Authorized the capital purchase of a Pipe Television Inspection System, the approval of the
technical specifications, direction to the Finance Director to establish the purchase authority up
to $150,000 and authorized the receipt of equipment bids.
19. Fee Waiver - St. Jerome's Church
Approved the applications for temporary beer and liquor (wine only) licenses. It is further
recommended that fees for the requested permits be waived.
20. Fee Waiver - Holy Redeemer Parish
Approved the temporary liquor and wine and food fee waive for the Holy Redeemer Church at
2555 Hazelwood Street for October 15tH
21. Community Center Catering Recommendation
Approved to enter into an agreement with five separate caterers for a three-year period effective
January 1, 2007. The five caterers would be Aesop's Table, Cossetta Eventi, Prom, Classic
and Kane catering firms.
22. Resolution Certifying Election Judges for the September 12th State Primary Election
Adopted the following resolution certifying the Election Judges for the State Primary Election:
RESOLUTION ACCEPTING ELECTION JUDGES 06-08-096
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of
Election Judges for the 2006 State Primary Election, to be held on Tuesday, September 12,
2006:
City Council Meeting 08-14-06 12
Fran Aherns
Gordon Heininger
Thomas Myster
Suzanne Anderson
Barb Hilliard
Clara Neis
Elsie Anderson
Constance Hines
Gloria Nelson
Cynthia Anderson
Gary Hinnenkamp
James Nieman
Ronald Anderson
Mary Holzemer
Louise Nieters
Ahsan Ansari
Shirlee Horton
Ann Marie Norberg
Marlis Barrett
Jeanette Hulet
Lois Olson
Joan Bartelt
Lynn Huntoon
Andi Oster
David Bedor
Mildred Iverson
David Pehl
Jaime Belland
Carol Jagoe
James Petrie
Mery Berger
Jeff Janacek
Bill Priefer
Jeanne Bortz
Gwendolyn Jefferson
Karla Radermacher
Anna Breidenstein
Judith Johannessen
Carol Roller
Jennette Bunde
Barbara Johnson
Kenneth Rossow
Lucille Cahanes
Max Joiner
Charles Rowe
Jeanette Carle
Joyce Jurmu
Elaine Rudeen
Robert Carr
Marilyn Kidman
MaryAnn Schneider
Ann Cleland
Harold Kirchoff
Sandy Schoenecker
Thomas Connelly
Rosemary Koch
Harriet Schroepfer
Colleen Connolly
Harry Koval
Louise Schultz
Jon Cupka
Mona Lou Krekelberg
Ananth Shankar
Mae Davidson
Josephine Krominga
Teresa Shores
Marianne Davidson
Marvella Lackner
Bob Spangler
Edward Deeg
Rita Lally
Louis Spies
Loree Dempsey
Charlotte Lampe
Tim Stafki
Bhupat Desai
Anita Larson
David Stark
Audrey Diesslin
Lorraine Lauren
Sandra Stevens
Kathleen Dittel
Ann Leo
Rita Taylor
Diane Droeger
Pati Leo
Lorraine Taylor
Fred DuCharme
Claudette Leonard
Milo Thompson
Audrey Duellman
Steve Lincowski
Pat Thompson
Carolyn Eickhoff
Vi Lincowski
Leila Tillman
Elizabeth Erickson
Delores Lofgren
Franklin Tolbert
Ann Fallon
Richard Lofgren
Dale Trippler
Lorraine Fischer
Shari Lowe -Adams
Cecilia Tucker
Mary Fischer
Robert Lundgren
Connie Unger
Delores Fitzgerald
Shirley Luttrell
Holly Urbanski
Anne Fosburgh
Paul Maeyaert
William Urbanski
James Franzen
Jeri Mahre
Vilhelmine Vanags
MaryJo Freer
Carol Mahre
Beulah VanBlaricom
Samantha Fritsche
John Manthey
Barabra Vandeveer
Patt Fry
Delores Marsh
Mary Vante
Clarice Gierzak
Thomas Maskrey
Connie Wagner
Diane Golaski
Geraldine Mechelke
Gene Wandersee
Betty Granger
MaryLou Mechelke
Gayle Wasmundt
Guy Grant
Jackie Meyer
John Willy
Mary Grant
Joan Misgen
Delores Witschen
Jamie Gudknecht
Betty Mossong
Karen Zacho
Jaclynn Gunn
Howard Muraski
Donita Haack
Gerry Muraski
City Council Meeting 08-14-06 13
J. AWARD OF BIDS
Lift Station Number 18 Rehabilitation , City Project 05-29, Approve Award of Construction
Contract and Budget Adjustment
a. Public Works Director Ahl presented the report.
Councilmember Juenemann moved to award a construction contract to Jay Bros, Inc it
amount of $98.606.36 for the rehabilitation of Lift Station No. 18. Citv Proiect 05-29. an
ce (Acct. 4480) in to the oroiect
Seconded by Councilmember Rossbach Ayes -All
K. UNFINISHED BUSINESS
Trunk Highway 36 Improvements (White Bear to Century), City Project 05-03, Consideration of
Noise Wall Issues within Maplewood
a. Public Works Director Ahl presented the report.
b. The following persons were heard:
Chris Roy, MN Department of Transportation, Roseville
Marc Goess, MN Department of Transportation, Roseville
Denise Smith, 2283 Castle Place North, Maplewood
C. Mayor Longrie read a letter from Mary and Brian Sandvig, 1986 Castle, into the record
noting the following concerns:
• Our home is so close to 36 now, that w wall will appear to be right on top of us vs. a
home that's a block or more away form 36.
• Any northerly breezes will just blow right over us leaving no air movement for homes
close to the wall
• The wall would block our view of the beautiful sunsets and sun rises we currently
enjoy
• 1 don't think many of the `close to 36 residents' mind 36, go for a drive most
evenings and you'll see many of us sitting in our front yards or driveways watching
the traffic. On Friday nights in the summer the car show are on and it's like a free
show as they drive past.
• 1 too think a line of sturdy highway bushes (Salt in the winter) that grow to no more
than 3-4 feet tall would look very nice.
Councilmember Juenemann moved to direct staff to enter into negotiations to obtain MnDOT
funding to develop a landscaping improvement plan and road reconstruction plan for Castle
Avenue and requested homeowners to inform council on their feelings of installing a wall versus
nursery stock.
Seconded by Councilmember Rossbach Ayes -All
City Council Meeting 08-14-06 14
2. Trunk Highway 5 — 120 MnDOT Property Usage Study, City Project 03-20, Report on Task
Force Progress (No action required)
a. Public Works Director Ahl presented the report.
b. The following persons were heard:
Ron Cockriel, 943 Century Avenue
Councilmember Cave moved to add this item to the August 28th City Council Agenda and to
invite the task force to the meeting.
Seconded by Councilmember Rossbach Ayes -All
A five minute break was taken.
L. NEW BUSINESS
igar�o,
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Item moved to August 28th City Council Meeting Agenda
Mayor Longrie moved to hear agenda item L4 next.
Seconded by Councilmember Hjelle Ayes -All
4. Beebe Road Parking Issues — Receipt of Petition and Authorization to Restrict Parking
a. Public Works Director Ahl presented the report.
b. The following persons were heard:
Dan Brickman, 2117 Beebe Road, Maplewood
Margaret Early, 1783 Beebe Road, Maplewood
Councilmember Hjelle moved to receive the petition form the resident along Beebe Road and to
authorize the Public Works Director to work with the City's traffic consultant to develop a
recommendation and striping plan to restrict parking along Beebe Road and to authorize the
Public Works Director if no sianificant public obiection is received.
Seconded by Councilmember Juenemann Ayes -All
2. Carpet Court (1685 Arcade Street (at Larpenteur Avenue))
Zoning Map Change - R-1 (single dwelling residential) to BC (business commercial) (4 votes)
Vacation of a Public Right-of-way
Building Setback Variance
Shared Parking Agreement
Design Approval
a. Planner Finwall presented the report.
b. Boardmember Shankar presented the Community Design Review Board report.
C. Commissioner Hess presented the Planning Commission report.
City Council Meeting 08-14-06 15
d. The following persons were heard:
Robert Blair, applicant, Carpet Court
Randy Bacchus, Bacchus Homes, 1701 Arcade Street, Maplewood
Joel Schurke, 2170 Arcade Street, Maplewood
Arnold Palme, 1721 Arcade Street, Maplewood
Robert Palme, 1721 Arcade Street, Maplewood
Mildred Palme, 1721 Arcade Street, Maplewood
David Schilling, 1955 Greenbrier, Maplewood
Mayor Longrie moved to continue the meeting to finish the Carpet Court Item, address New
Business Items 3 and 5 prior to adjournment.
Seconded by Councilmember Hjelle
Ayes -Mayor Longrie, Councilmembers
Cave, Hjelle and Juenemann
Nay -Council member Rossbach
A video prepared by the applicants representing Carpet Court was played for the council and for
the audience.
Mayor Longrie moved to adopt the following rezoning resolution. This resolution changes the
city's zoning map from single -dwelling residential (R-1) to business commercial (BC) for Lot 5,
Block 1, Van Houten's Plat (PIN 172922440019):
ZONING MAP CHANGE RESOLUTION 06-08-100
WHEREAS, Gary Blair of the Carpet Court has proposed the following change to the
City of Maplewood's zoning map: single dwelling residential (R-1) to business commercial (BC).
WHEREAS, this change applies to:
Lot 5, Block 1, Van Houten's Plat (PIN 172922440019)
WHEREAS, the history of this change is as follows:
1. On July 18, 2006, the planning commission held a public hearing. City staff published a
hearing notice in the Maplewood Review and sent notices to the surrounding property owners.
The planning commission conducted the public hearing whereby all public present were given a
chance to speak and present written statements. The planning commission recommended that
the city council approve the rezoning.
2. On August 14, 2006, the city council discussed the rezoning. They considered reports
and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described change in the zoning map for the following reasons:
The proposed change is consistent with the spirit, purpose and intent of the zoning code.
2. The proposed change will not substantially injure or detract from the use of neighboring
property or from the character of the neighborhood, and that the use of the property adjacent to
the area included in the proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the community,
where applicable, and the public welfare.
City Council Meeting 08-14-06 16
4. The proposed change would have no negative effect upon the logical, efficient, and
economical extension of public services and facilities, such as public water, sewers, police and
fire protection and schools.
5. The proposed change is consistent with the city's comprehensive plan.
6. The proposed change will allow the applicant to combine this property to the adjacent
property (currently zoned BC) for a commercial business.
Seconded by Councilmember Cave Ayes -All
Mayor Longrie moved to adopt the proposed public vacation resolution. This resolution
authorizes the vacation of a public right-of-way to include a portion of the Highway 61 service
road located on the east side of 1685 Arcade Street as follows: Starting from the Larpenteur
Avenue right-of-way 161 feet north and 42 feet east toward Highway 61.
Seconded by Councilmember Juenemann
Mayor Longrie tabled her motion. Councilmember Juenemann withdrew her second.
Councilmember Rossbach moved to deny the proposed building setback variance resolution
authorizing a 42.5 -foot building setback from a commercial building to a residential lot line for a
retail/warehouse carpet store (Carpet Court) to be located at 1684 Arcade Street.
Seconded by Councilmember Hjelle Ayes-Councilmember Cave, Hjelle and
Rossbach
Nays -Mayor Longrie and Councilmember
Juenemann
Denial is based on the fact that the applicant did not prove a hardship for this variance.
The vacation of the public right-of-way, the shared parking agreement and the design approval
were not heard due to the variance setback failing.
Mayor Longrie recognized the owner, Gary Blair, for comment to the motion.
Mayor Longrie notified Mr. Blair of the reconsideration process and procedure.
3. Resolution of Support -Livable Communities Demonstration Account (LCDA) Development Grant
(Phase One -Gladstone Neighborhood Redevelopment)
Councilmember Cave moved to adopt the following resolution showing the city council's intent
to comply with the Livable Communities Demonstration Account Program contract
requirements for the request $2,280,000 development grant for capital improvements in the
Gladstone Neighborhood:
RESOLUTION NO. 06-08-098
CITY OF MAPLEWOOD, MINNESOTA
RESOLUTION IDENTIFYING THE NEED FOR
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND
AUTHORIZING AN APPLICATION FOR GRANT FUNDS
WHEREAS the City of Maplewood is a participant in the Livable Communities Act's Housing
Incentives Program for 2006 as determined by the Metropolitan Council, and is therefore eligible to
apply for Livable Communities Demonstration Account funds; and
City Council Meeting 08-14-06 17
WHEREAS the City has identified a proposed project within the City that meets the Demonstration
Account's purposes and criteria and is consistent with and promotes the purposes of the Metropolitan
Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan
development guide; and
WHEREAS the City has the institutional, managerial and financial capability to ensure adequate
project administration; and
WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the
grant agreement; and
WHEREAS the City agrees to act as legal sponsor for the project contained in the grant application
submitted on July 17, 2006; and
WHEREAS the City acknowledges Livable Communities Demonstration Account grants are
intended to fund projects or project components that can serve as models, examples or prototypes for
development or redevelopment projects elsewhere in the region, and therefore represents that the
proposed project or key components of the proposed project can be replicated in other metropolitan -
area communities; and
WHEREAS only a limited amount of grant funding is available through the Metropolitan Council's
Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council
has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would
not occur without the availability of Demonstration Account grant funding.
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration,
the governing body of the City:
1. Finds that it is in the best interests of the City's development goals and priorities for the
proposed project to occur at this particular site and at this particular time.
2. Finds that the project component(s) for which Livable Communities Demonstration Account
funding is sought:
a. will not occur solely through private or other public investment within the reasonably
foreseeable future; and
b. will not occur within two years after a grant award unless Livable Communities Demonstration
Account funding is made available for this project at this time.
3. Represents that the City has undertaken reasonable and good faith efforts to procure funding for
the project component for which Livable Communities Demonstration Account funding is sought but
was not able to find or secure from other sources funding that is necessary for project component
completion within two years and states that this representation is based on the following reasons and
supporting facts:
A fundamental assumption on the outset of the Gladstone Neighborhood Redevelopment process
has been that redevelopment must be self-sufficient and that revenues needed to pay for
redevelopment activities must come from new development. General, city-wide property taxes should
not be used to finance redevelopment activities for public improvements. Neither should improvement
costs be assessed to existing residents of the neighborhood. Therefore, no local taxes or local bonding
authority will be used within the next two years to fund the Phase 1 project component.
4. Authorizes its planning and engineering department to submit on behalf of the City an application
for Metropolitan Council Livable Communities Demonstration Account grant funds for the project
component(s) identified in the application, and to execute such agreements as may be necessary to
City Council Meeting 08-14-06 18
J.
implement the project on behalf of the City.
Seconded by Councilmember Juenemann Ayes -All
5. Lower Afton Road Trail Improvements (McKnight to Century), City Project 03-29, Authorize
Joint Project with Ramsey County
a. Public Works Director Ahl presented the report.
b. The following persons were heard:
Emil Sturzenegger, 2455 Londin Lane, Maplewood
Councilmember Rossbach moved to approve a motion authorizing a joint project for the Lower
Afton Road Trail Improvements McKnight to Century), Project 03-29, and authorized the
finance director to create a fund in the amount of $100,000 with the intent of making payment
to Ramsey County.
Seconded by Councilmember Hjelle Ayes -All
Mayor Longrie adjourned at 12:52 a.m. with the meeting to be continued at 5:00 p.m.,
Thursday, August 17, 2006.
A continuation of a meeting of the City Council was held Thursday, August 17th in
Council Chambers, at City Hall, and was called to order at 5:00 P.M. by Mayor Longrie.
ROLL CALL
Diana Longrie, Mayor Present
Rebecca Cave Councilmember Present
Erik Hjelle, Councilmember Absent
Kathleen Juenemann, Councilmember Present
Will Rossbach, Councilmember Present
VISITOR PRESENTATIONS (continued)
Joanne Funk, 880 South Lakewood Drive, Maplewood, commented on the serious air quality
implications of burning solid fuel.
AWARD OF BIDS (continued)
Lift Station Number 18 Rehabilitation, City Project 05-29, Approve Award of Construction
Contract and Budget Adjustment
a. Public Works Director Ahl presented the report regarding the debarment of Jay Bros,
I nc.
Councilmember Rossbach moved to reconsider the award of bid to Jay Bros Inc. to be
reconsidered at the August 28th meeting.
Seconded by Councilmember Juenemann Ayes -All
CONSENT AGENDA (continued)
7. Development Agreement Release — Hartford Group (Legacy Village)
Approved the release of obligations under the Master Development Agreement and approved
the Special Assessments Escrow Agreement.
City Council Meeting 08-14-06 19
Mayor Longrie moved to take the Development Agreement Release off the table and address
the item.
Seconded by Councilmember Juenemann Ayes -All
Mayor Longrie moved to approve the release of obligations under the Master Development
Agreement provided a notice section is added to the document and to approve the Special
Assessments Escrow Agreement provided a notice section is added to the document.
Seconded by Councilmember Cave Ayes -All
L. NEW BUSINESS (continued)
6. Ordinance to Establish Full Commission Status for the Environmental Committee -First Reading
a. Environmental Manager Konewko provided the report.
b. The following persons were heard:
Dale Trippler, Environmental Committee Chair
Ron Cockriel, 943 Century, Maplewood
Mayor Longrie moved the first reading of the proposed ordinance amendment to establish an
Environmental Commission as an advisory board to the city council as provided by Minnesota
statues. Between now and the second reading council will receive the mission statement and
other information the committee members have worked on to consider at the second reading.
The duties and responsibilities should include developing sustainable practices and advising the
council with regard to that. The name of the commission should be: The Environmental and
Natural Resources Commission.
Seconded by Councilmember Juenemann Ayes -All
7. Ordinance Amendment to the Environmental Preservation and Protection of Trees and
Woodlands Ordinance -First Reading
a. Environmental Manager Konewko presented the report.
b. Mandy Musielewicz, Forester for the City of Maplewood was present for council
questions.
C. The following person was heard:
Carol Mason -Sherrill, Environmental Committee, 2384 Nebraska Avenue East,
Maplewood
Councilmember Juenemann moved the first reading of the ordinance amendment to
the Environmental Preservation and Protection of Trees and Woodlands Ordinance.
Seconded by Mayor Longrie Ayes -All
8. Kenwood Area Street Improvements, City Project 05-16, Resolution for Modification of Existing
Construction Contract, Change Orders 4, 5 and 6
a. Public Works Director Ahl presented the report.
City Council Meeting 08-14-06 20
Councilmember Rossbach moved to approve the resolution directing the modification of the
existing construction contract for the Kenwood Area Neighborhood Street Improvements, City
Project 05-16, Change Orders 4, 5, and 6.
Seconded by Councilmember Juenemann Ayes -All
9. County Road D Improvements, City Project 02-08, Resolution for Modification of the Existing
Construction Contract, Change Orders No. 19-20:
a. Public Works Director Ahl presented the report.
Councilmember Juenemann moved to approve the resolution County Road D Improvements,
City Project 02-08, Resolution for Modification of the Existing Construction Contract, Change
Orders No. 19-20:
RESOLUTION 06-08-097
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 02-08, CHANGE ORDER Nos. 19-20
(T.A. Schifsky Contract)
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter
Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the City Engineer has reported that it is now necessary and expedient that said
contract be modified and designated as Improvement Project 02-08, Change Order Nos. 19-20, (T.A.
Schifsky Contract), as an increase to said contract by an amount of $20,615.65, such that the new
contract amount is now and hereby established as $926,840.75.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of
Maplewood to signify and show that the existing contract is hereby modified through said Change Order
No. 19-20 as a contract increase in the amount of $20,615.65. The revised contract amount is
$926,840.75 and,
The finance director is hereby authorized to make the financial transfers necessary to
implement the revised financing plan for the project. A project budget of $3,632,500.00 shall be
established. The proposed financing plan is as follows:
Mn/Dot
Troutland
Ramsey County
Vadnais Heights
SPRWS
Developer
Interest on Investments
2006 Bonding
Special Assessments
Bond Sales
TOTAL
Seconded by Councilmember Cave
$ 485,303.06
$ 10,000.00
$ 690,582.00
$ 304,908.00
$ 33,378.00
$ 45,000.00
$ 468,544.00
$ 1,077,964.00
$ 516,820.94
$ 3,632,500.00
Ayes -All
City Council Meeting 08-14-06 21
M. COUNCIL PRESENTATIONS
National Night Out -Council member Juenemann provided an update on the success of
National Night Out. Eighty-three parties were held between that night and the following
weekend (due to a rain -out). The block parties collected 1000 pounds of food for Second
Harvest. Ms. Juenemann thanked everyone who sponsored the event and congratulated
everyone who participated for making the event a success.
2. Wood burning Furnaces -A discussion was held regarding the year round use of wood burning
furnaces.
3. South Leg Meeting-Councilmember Rossbach announced the next South Leg meeting is
August 24th at 7:00 p.m., further information is available on the city website.
4. Overnight Parking -Mayor Longrie relayed a request from a resident for overnight parking for a
limited period of time and possibly extending the permit for longer periods such as a month (i.e.
a college student on spring break).
N. ADMINISTRATIVE PRESENTATIONS
Interim City Manager Copeland announced that the Deputy Registrar/City Clerk's office will start
being open on Saturdays beginning September 16th from 8 a.m. to 12 noon for motor vehicle and
passport processing.
O. ADJOURNMENT
Mayor Longrie adjourned at 7:00 p.m.
City Council Meeting 08-14-06 22
From Robed A Paime Sr.
My Father and Mother built our home in 1940 at 1721 Arcade St. ( also Hwy 61 ) in St. Paul,
Minn. 55109.
My parents continue to reside at this address. Since 1940 some have bought and sold the
property to the South of my parents.Pinotti,s sold their farm, and Larpenter Ave. was extended
from Parkway Dr. to Hwy 61. Because of the increase in traffic Hwy 61 was made to a four lane
from a two lane. The State also put a service road in from our driveway So. To Larpenter Ave. so
that we wouldn't have to exit out onto the Hy. r rcha d } r„n y at 1701
Then a Home Contractor by the name of nenneth E) it
Nu!t!laSet+ the p! Nedp w
Arcade St. that is now owned by Randy Bacchus, we have been neighbors for 40 years. My
family and the Bacchus's have exited on Larpenter Ave. all these years. There is no right hand
turn lane off of the Hwy and that is scary as it is.
We don't understand why the Hwy Dept. wants to turn the Service Rood over to the village
of Maplewood? They park their plow and sand trucks on it in the winter, it is an asset for doing
!�••,., �, n�� ,o,�,00d is proposing to shut oft the service rood at Larpenter. to
maintenance Ia111LGnaIlce oi! Is �' WI . !vlapw.r
cause the Palmes and the Bacchus's to have to enter and exit on Hwy 61.causing a safety issue
for those forced to use it. The road requires very little maintenance, so why would they want to
give it away?
We believe this is a matter for the Governor to look into because of the safety issue and it
is a State Hwy. We would appreciate it if the Governor or someone from his office attend the
meeting at Maplewood on August 14, 2006 at 7 PM.
Robert Palme Sr. 612-722-7348
t2pairredAccmgt
Randy Bacchus 651-494-4516
randy@bacchushomes.com
...........
From: Annie Paruccini[mailto:Annie.Paruccini@state.mn.us]
Sent: Tuesday, August 08, 20061:40 PM
To: bpalme@tcq.net
Subject:
Thank you for contacting our office. Please respond to this message with the details regarding
your concerns and I will find the appropriate person to speak with.
Sincerely,
Annie Paruccini
Office of the Govemor
130 State Capitol
St. Paul, MN 55155
651-296-3391
M.S. Sec. 507.34 Unrecorded
certain cases.
2 151Jf /f�CCa
conveyancesid in
Every conveyance of real estate shall be
recorded in the office of the county recorder of
the county where such real estate is situated;
and every such conveyance not so recorded shall
be void as against any subsequent purchaser in
good faith and for a valuable consideration of
the same real estate, or any part thereof, whose
conveyance is first duly recorded, and as
against any attachment levied thereon or any
judgment lawfully obtained at the suit of any
party against the person in whose name the title
to such land appears of record prior to the
recording of such conveyance. The fact that
such first recorded conveyance is in the form,
or contains the terms of a deed of quitclaim and
release shall not affect the question of good
faith of such subsequent purchaser or be of
itself notice to the subsequent purchaser of any
unrecorded conveyance of the same real estate or
any part thereof.
HIST: (8226) RL s 3357; 1976 c 181 s 2; 1986
c 444