HomeMy WebLinkAbout01.21.82MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, January 21, 1982
Council Chambers, Municipal Building
Meeting No. 82 -2
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 7:02 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
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes 81 -30 (December 17, 1981)
Councilmember Juker moved to approve the Minutes of Meeting No. 81 -30 (December 17
1981) as submitted.
Seconded by Councilmember Anderson. Ayes — all.
2. Minutes No. 82 -1 (January 7, 1982)
Councilmember Anderson moved to approve the Minutes of Meeting No. 82 -1 (January 7,
1982) as corrected:
Page 14 —
Item K -6 "as
outlined
in the approved
PUD"
Seconded by
Councilmember
Maida.
Ayes
— all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Committee
2. Quad Ordinance
3. Bullets
4. Snow Plowing
5. 25th Anniversary
6. Cable TV
7. Water Department
8. Pipeline Ordinance
9. Adolphus Sewer
10. AFSCME
Seconded by Councilmember Juker. Ayes — all.
E. CONSENT AGENDA
— 1 — 1/21
Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes — all, to approve
the Consent Agenda as recommended:
1. Accounts Payable
Approved the Accounts (Part I — Fees, Services, Expenses, Check No. 06720 through
Check No. 06719 — $81,298.32; Check No. 012217 through Check No. 12358 — $355,825.62:
Part II — Payroll, Check No. 02626 through Check No. 02751 — $54,330.91) in the amount
of $491,454.85.
2. Fire Department Agreement
Approved the 1982 Fire Department Agreements for the three Maplewood Departments.
3. Planning Commission Annual Report
Accepted the 1981 Planning Commission Annual Report.
4. Community Design Review Board Annual Report
Accepted the 1981 Community Design Review Board Annual Report.
F. PUBLIC HEARING
1. Industrial, Revenue Notes: Health Resources — 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request of
Health Resources for two revenue notes 1) $3,970,000 — construction and equipping
a medical office building at the NE corner of Beam Avenue and Hazelwood Avenue 2)
$7,153,000 acquisition of land and construction and equipping of an ambulatory care
center, including a surgery center, emergency center and physical medicine at the
NE corner of Beam Avenue and Hazelwood Avenue. The Clerk stated the hearing notices
were in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Mr. John Riley, Senior Vice President for Health Resources, 2696 Hazelwood Avenue,
spoke on behalf of the proposal.
d. Mrs. Mary Ippel, Briggs and Morgan, explained the procedures for this proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson introduced the following resolution and moved its adoption:
($7,153,000 Industrial Revenue Note)
11 � 17'
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
— 2 — 1/21
AUTHORIZING THE SUBMISSION OF All APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE
COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH SAID PROJECT
11HF.REAS,
(a) The purpose of Chapter 474, Minnesota
Statutes, known as the Minnesota Municipal Industrial
Development Act (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 economi-
cally 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;
(c) The City Council of the City of Maplewood
( "the City ") has received from Health Resource Center, Inc., a
corporation organized under the laws of the State of Minnesota
(the "Company ") a proposal that the City assist in financing a
Project hereinafter described, through the issuance of a
Revenue Bond or Bonds or a Revenue Note or Notes hereinafter
referred to in this resolution as "Revenue Bonds" pursuant Ito
the Act;
(d) The City desires to facilitate the selec-
tive development of the community, 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. The Project
will help to increase assessed valuation of the City and help
maintain a positive relationship between assessed valuation and
debt and enhance the image and reputation of the community;
(e) Company is currently engaged in the
business of health care services, The Project to be financed
by the Revenue Bonds is an ambulatory care facility to be
located in the City and consists of the acquisition of land and
the construction of buildings and improvements thereon and the
installation of equipment therein, and will result in the em-
ployment of 60 additional persons to work within the new
facilities;
- 3 - 1/21
M The City has been advised by representa-
tives of Company that conventional, commercial financing to pay
the capital cost of the Project is available only on a limited
basis and at such high costs of borrowing that the economic
feasibility of operating the Project would be significantly
reduced, but Company has also advised this Council that with
the aid of municipal financing, and its resulting low bor-
rowing cost, the Project is economically more feasible;
(g) Pursuant to a resolution of the City
Council adopted on January 17, 1982, a public hearing on the
Project was held on January 21, 1982, after notice was
published, and materials made available for public inspection
at the City Hall, all as required by Minnesota Statutes,
Section 474.01, Subdivision 7b at which public hearing all
those appearing who so desired to speak were heard;
(h) 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 Council hereby gives preliminary approval to the
proposal of Company that the City undertake the Project
pursuant to the Minnesota Municipal Industrial Development Act
(Chapter 474, Minnesota Statutes), consisting of the acqui-
sition, construction and equipping of facilities within the
City pursuant to Company's specifications suitable for the
operations described above and to a revenue agreement between
the City and Company upon such terms and conditions with
provisions for revision from time to time as necessary, so as
to produce income and revenues sufficient to pay, when due, the
principal of and interest on the Revenue Bonds in the total
principal amount of approximately $7,153,000 to be issued
pursuant to the Act to finance the acquisition, construction
and equipping of the Project; and said agreement may also
provide for the entire interest of Company therein to be
mortgaged to the purchaser of the Revenue Bonds; and the City
hereby undertakes preliminarily to issue its Revenue Bonds in
accordance with such terms and conditions;
2. 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
engaged in any business within the meaning of Subdivision lc of
Section 474.02 of the Act; that the Project furthers the
purposes stated in Section 474.01, Minnesota Statutes; that the
availability of the financing under the Act and willingness of
the City to furnish such financing will be a substantial
inducement to Company to undertake the Project, and that the
effect of the Project, if undertaken, will be to encourage the
development of economically sound industry and commerce, to
assist in the prevention of the emergence of blighted and
- 4 - 1/21
marginal land, to help prevent chronic unemployment, to help
the City retain and improve the tax base and to provide the
range of service and employment opportunities required by the
population, to help prevent the movement of talented and
educated persons out of the state and to areas within the State
where their services may not be as effectively used, to promote
more intensive development and use of land within the City and
eventually to increase the tax base of the community;
3. The Project is hereby given preliminary approval by
the City subject to the approval of the Project by the Com-
missioner of Securities and Real Estate, and subject to final
approval by this Council, Company, and the purchaser of the
Revenue Bonds as to the ultimate details of the financing of
the Project;
4. In accordance with Subdivision 7a of Section 474.01
Minnesota Statutes, the Mayor of the City is hereby authorized
and directed to submit the proposal for the Project to the
Commissioner of Securities and Real Estate, requesting her ap-
proval, and other officers, employees and agents of the City
are hereby authorized to provide the Commissioner with such
preliminary information as she may require;
S. Company 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 the Commissioner
will be paid by Company;
6. 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, to
consult with the City Attorney, Company and the purchaser of
the Revenue Bonds as to the maturities, interest rates and
other terms and provisions of the Revenue Bonds and as to the
covenants and other provisions of the necessary documents and
to submit such documents to the Council for final approval;
7. Nothing in this resolution or in the documents pre-
pared pursuant hereto shall authorize the expenditure of any
municipal funds on the Project other than the revenues derived
from the Project or otherwise granted to the City for this
purpose. The Revenue Bonds shall not 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 Revenue Bonds shall never have the
right to compel any exercise of the taxing power of the City to
pay the outstanding principal on the Revenue Bonds or the
interest thereon, or to enforce payment thereof against any'
property of the City. The Revenue Bonds shall recite in
substance that the Revenue Bonds, including interest thereon,
is payable solely from the revenue and proceeds pledged to the
payment thereof. The Revenue Bonds shall not constitute a debt
of the City within the meaning of any constitutional or
statutory limitation;
- 5 - 1/21
8. In anticipation of the approval by the Commissioner of Securities and Real Estate
and the issuance of the Revenue 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,
Company 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
Revenue Bonds as Company considers necessary, including the use of interim, short —
term financing, subject to reimbursement from the proceeds of the Revenue Bonds if
and when delivered but otherwise without liability on the part of the City;
9. If construction of the Project is not started within one year from the date
hereof, this resolution shall thereafter have no force and effect and the preliminary
approval herein granted is withdrawn.
Seconded by Councilmember Joker. Ayes — all.
i. Councilmember Anderson introduced the following resolution and moved its adoption:
($3,900,000 Industrial Revenue Note)
82 — 1 — 13
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE
COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
TN. CONNECTION, WITH SAID PROJECT
WHEREAS,
(a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal
Industrial legislature is to promote the welfare of the state by the active attraction
and encouragement and development of economically sound industry and commerce to pre-
vent 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 metro-
politan 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 de-
velopment of land use which will provide an adequate tax base to finance these increased
costs and access to employment opportunities for such population;
(c) The City Council of the City of Maplewood ( "the City ") has received from Health
Resource Center, Inc., a corporation organized under thelaws -of the State of Minn-
esota (the "Company ") a proposal that the City assist in financing a Project hereinafter
described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes
hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act;
(d) The City desires to facilitate the selective development of the community,
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.
— 6 — 1/21
The Project
will help to increase assessed valuation of the City and help
maintain a positive relationship between assessed valuation and
debt and enhance the image and reputation of the community;
(e) Company is currently engaged in the
business of health care services. The Project to be financed
by the Revenue Bonds is an ambulatory care facility'to be
located in the City and consists of the acquisition of land and
the construction of buildings and improvements thereon and the
installation of equipment therein, and will result in the em-
ployment of 60 additional persons to work within the new
facilities;
(f) The City has been advised by representa-
tives of Company that conventional, commercial financing to pay
the capital cost of the Project is available only on a limited
basis and at such high costs of borrowing that the economic
feasibility of operating the Project would be significantly
reduced, but Company has also advised this Council that with
the aid of municipal financing, and its resulting low bor-
rowing cost, the Project is economically more feasible;
(g) Pursuant to a resolution of the City
Council adopted on January 17, 1982, a public hearing on the
Project was held on January 21, 1982, after notice was
published, aAd materials made available for public inspection
at the City Hall, all as required by Minnesota Statutes,
Section 474.01, Subdivision 7b at which public hearing all
those appearing who so desired to speak were heard;
(h) 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 Council hereby gives preliminary approval to the
proposal of Company that the City undertake the Project
pursuant to the Minnesota Municipal Industrial Development Act
(Chapter 474, Minnesota Statutes), consisting of the acqui-
sition, construction and equipping of facilities within the
City pursuant to Company's specifications suitable for the
operations described above and to a revenue agreement between
the City and Company upon such terms and conditions with
provisions for revision from time to time as necessary, so as
to produce income and revenues sufficient to pay, when due, the
principal of and interest on the Revenue Bonds in the total
principal amount of approximately $7,153,000 to be issued
pursuant to the Act to finance the acquisition, construction
and equipping of the Project; and said agreement may also
provide for the entire interest of Company therein to be
mortgaged to the purchaser of the Revenue Bonds; and the City
hereby undertakes preliminarily to issue its Revenue Bonds in
accordance with such terms and conditions;
- 7 - 1/21
2. 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
engaged in any business within the meaning of Subdivision lc of
Section 474.02 of the Act; that the Project furthers the
purposes stated in Section 474.01, Minnesota Statutes; that the
availability of the financing under the Act and willingness of
the City to furnish such financing will be a substantial
inducement to Company to undertake the Project, and that the
effect of the Project, if undertaken, will be to encourage the
development of economically sound industry and commerce, to
assist in the prevention of the emergence of blighted and
marginal land, to help prevent chronic unemployment, to help
the City retain and improve the tax base and to provide the
range of service and employment opportunities required by the
population, to help prevent the movement of talented and
educated persons out of the state and to areas within the State
where their services may not be as effectively used, to promote
more intensive development and use of land within the City and
eventually to increase the tax base of the community;
3. The Project is
the City subject to the
missioner of Securities
approval by this Counci
Revenue Bonds as to the
the Project;
hereby given preliminary approval by
approval of the Project by the Com-
and Real Estate, and subject to final
L, Company, and the purchaser of the
ultimate details of the financing of
4. In accordance with Subdivision 7a of Section 474.01
Minnesota Statutes, the Mayor of the City is hereby authorized
and directed to submit the proposal for the Project to the
Commissioner of Securities and Real Estate, requesting her ap-
proval, and other officers, employees and agents of the City
are hereby authorized to provide the Commissioner with such
preliminary information as she may require;
5. Company 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 the Commissioner
will be paid by Company;
6. 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, to
consult with the City Attorney, Company and the purchaser of
the Revenue Bonds as to the maturities, interest rates and
other terms and provisions of the Revenue Bonds and as to the
covenants and other provisions of the necessary documents and
to submit such documents to the Council for final approval;
7. Nothing in this resolution or in the documents pre-
pared pursuant hereto shall authorize the expenditure of any
municipal 'funds on the Project other than the revenues derived
from the Project or otherwise granted to the City for this
purpose. The Revenue Bonds shall not constitute a charge, lien
- 8 - 1/21
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 Revenue Bonds shall never have the right
to compel any exercise of the taxing power of the City to pay the outstanding principal
on the Revenue Bonds or the interest thereon, or to enforce payment thereof against
any property of the City. The Revenue Bonds shall recite in substance that the Revenue
Bonds, including interest thereon, is payable solely from the revenue and proceeds
pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of
the City within the meaning of any constitutional or statutory limitation;
8. In anticipation of the approval by the Commissioner of Securities and Real Estate
and the issuance of the Revenue 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,
Company 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
Revenue Bonds as Company considers necessary, including the use of interim, short -
term financing, subject to reimbursement from the proceeds of the Revenue Bonds if
and when delivered but otherwise without liability on the part of the City;
9. If construction of the Project is not started within one year from the date
hereof, this resolution shall thereafter have no force and effect and the preliminary
approval herein granted is'- withdrawn.
Seconded by Councilmember Joker. Ayes - all.
2. Liquor License: Esteban's, Maplewood Mall - 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of David Paul Schmitt for on On Sale Liquor License to be known as Esteban's
located in the Maplewood Mall. The Clerk stated the hearing notice was found
to be in order and noted the dates of publication.
b. Manager Evans presented the staff report. -
C. Mr. Richard Tourand, representing Esteban's, spoke on behalf of the request.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
I. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its adoption:
82 - 1 - 14
NOTICE IS HEREBY GIVEN THAT pursuant to action by the Council of the City of
Maplewood on January 21, 1982 an On Sale Intoxicating Liquor License was approved
for David Paul Schmitt dba Esteban's, Maplewood Mall.
The Council proceeded in this matter as outlined under the provisions of the
City Ordinances.
Seconded by Councilmember Maida. Ayes - all.
- 9 - 1/21
3. Sign Variance: McKnight Townhomes — 7:30 P.M...
a. Mayor Greavu convened the meeting for a public hearing regarding.the request
of McKnight Townhomes, 384 McKnight Road, for a sign variance to erect a 32 square
foot ground sign with a six square foot extension for a total sign area of 38
square feet. The Clerk stated the hearing notice was in order and noted the dates
of publication.
b. Manager Evans presented the staff report.
C. Mr. Don Moe presented the following Community Design Review Board recommendation:
"Board .Member Folley moved that the Board recommend approval of the sign variance
for McKnight - Townhomes based on the findings that: -
1. The proposed sign would meet the spirit and intent of the Sign Code.
2. The proposed sign would be attractive in appearance and would be compatible
with the townhome complex.
Board Member Lydon seconded.
Ayes all."
d.Mr.'_.Ray Brandon, 2359 Dorland Lane, representing McKnight Townhomes, spoke
on behalf of the proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Mayor Greavu moved to approve the sign variance as requested by McKnight Town—
homes to erect a32 square foot ground sign with 'a six square foot extension for
a total sign area of 38 square feet at the northeast corner of McKnight Road an
Pond Avenue, based on the findings of the staff and Community Design Review Board
recommendation.
Seconded by Councilmember Maida. Ayes — Mayor Greavu, Councilmembers -Juker
and Maida.
Nays — Councilmembers Anderson and Bastian.
4. Street Easement Vacation: Lepsche 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposed
vacation of an easement for a portion of the Seventh Street right of way, lying
east of McKnight Road. The Clerk stated the hearing notice was found to be in
order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Kishel moved the Planning Commission recommend to the City Council
approval of the resolution authorizing staff to quit claim the street easement
back to the property owner, on a portion of Seventh Street right —of -way, lying
east of McKnight Road subject to the owner quit claiming to the City a utility
and drainage easement over, under, through, and across the area of released street
easement.
— 10 — 1/21
Approval is recommended on the basis that:
1. The street easement is in excess of the public need.
2. Improvement would not be cost - effective for the abutting properties.
3. The easement unnecessarily restricts the development of adjacent land.
4. Improvement would be contrary to the intent of maximizing the buffer between
single - dwelling neighborhoods and high density residential developments.
5.. Staff take into account the need for a pending area on the applicant's property
if and when request for Lot subdivision is made. _
Commissioner Prew seconded.- Ayes - Commissioners Axdahl, Barrett,
Ellefson, Fischer, Hejny,- Howard, Kishel,
Pellish, Prew, Sletten, Whitcomb"
d. Mrs. Julia Engebretson, daughter of Mrs. Albert Lepsche, owner of the adjacent
property, spoke on behalf of the vacation, but objected to the Planning Commission
recommendation for a ponding area.
e. Mayor Greavu called for proponents. The following were heard:
Mr. Jerry Swanson, Chairman of the Building Committee for Beaver Lake Church.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Bastian introduced the following resolution and moved its adoption:
82 - 1 - 15
WHEREAS, the following described street easement was granted to the Town of
New Canada on October 13, 1952, by Leo J. Zacho:
Beg. at the SW corner of the NW 1/4 of the SW 1/4 of said Section 2.5, thence
N on W L thereof 66.0 feet; thence E par with S L of the NW 1/4 of the SW 1/4
of said Section 25 a distance of 125.0 feet; thence SE'lytoa point which is
225.0 feet E of the WL of said Section 25 and 33.0 feet N of the S L of said
NW 1/4 of the SW 1/4 of Section 25; thence E par with said S L of said NW 1/4
of the SW 1/4 105.0 feet more or less to a point on the E L of said W 1/2 of
the W 1/2 of the NW 1/4 of the SW 1/4; thence S on the E L of said W 1/2 of
the W 1/2 of the NW 1/4 of the SW 1/4 a distance of 33.0 feet to a point on
the S L of the NW 1/4 of the SW 1/4 of Section 25, Township 29N, Range 22W;
thence W on said SL to the point of beg, all subj to McKnight Road right -of-
way
WHEREAS, the underlying property of record, which includes the easement, is
registered land, described as follows:
Subj to Rds and Ex part of N 3/4 of NW 1/4 of SW 1/4 E of W 642 ft thereof
and Wly of a L run NWly at angle of 63 deg 37 min with S L of SD N 3/4 from
PT .thereon 1038 ft E from W L of SD 1/4 1/4 part of SO 1/4 1/4 bet CL of Rd
and CL of Hwy except therefrom Registered Land Surveys Nos 21 and 137 all in
Section 25, Township 29, Range 22
- 11 - 1/21
WHEREAS, the easement instrument (Document No. 1294734) was recorded on Nov-
ember 5, 1952, with Ramsey County Abstract Clerk;
WHEREAS; the Certificate of Title for said underlying property (Document No.
290 -686) does not show an entry for said easement;
WHEREAS, the Maplewood City Council finds that the release of the above described
street easement is in the interest of the public, on the basis that:
1. It is in excess of the public need. -
2. Improvement would not be cost — effective for the abutting properties.
3. Its presence unnecessarily restricts the development of adjacent land.
4. Improvement would be contrary to the intent of maximizing the buffer between
single — dwelling neighborhoods and high density residential developments.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota,
that the above described street easement be and hereby is released from the abstract
system of land records;
NOW, THEREFORE, BE IT FURTHER RESOLVED that said easement release is subject
to the recording, under the torrens system of land records, of a utility and drain-
age easement, over, under, through, and across the released street easement.
Seconded by Councilmember Anderson.
5. Code Amendment: Minimum Floor Areas 8:00 P.M.
Ayes — all.
a. Mayor Greavu stated this hearing was continued from the meeting of December
17, 1981.
b. Manager Evans presented the staff report.
C. Mayor Greavu called for persons who wished to be heard for or against the
proposal. None were heard.
d. Councilmember Bastian moved 1st reading of an ordinance amending the code
regarding minimum floor areas as stated in Alternative II.(Retain the current_
Code requirements and establish 765 square feet as the minimum area for the levels
at and above grade for tri level dwellings.
Seconded by Councilmember Anderson. Ayes - all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. PAC — Commercial and Industrial: Reconsideration
a. Councilmember Bastian moved to reconsider Council's action of January 7, 1982
meeting regarding the PAC Commercial and Industrial charge.
Seconded by Councilmember Anderson.
Ayes — Mayor Greavu, Councilmembers Ander-
son, Bastian and Joker.
— 12 — 1/21
Nays — Councilmember Maida.
VISITOR PRESENTATIONS
1. Mr. Lehman, 2438 Stillwater Road
a. Mr. Lehman requested Council take action regarding the Williams Company pipe-
line break that is affecting his property plus the other properties in Maplewood.
b. This item is to be discussed under K -8.
J. NEW BUSINESS
1, Nature Center Ordinance (First Reading)
a. Manager Evans presented the staff report. _
b. Councilmember Anderson moved to refer the proposed ordinance to staff for
further review.
Seconded by Councilmember Joker. Ayes — Mayor Greavu, Councilmembers Ander-
son, Juker and Maida.
Nays — Councilmember Bastian.
2. Ordinance: Plan Review Authority: First Reading
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved first reading of an ordinance amending the Code
regarding the minimum dollar iimit for plan review..
Seconded by Councilmember Bastian. Ayes — all.
3. Soo Line Railroad Abandonment
a. Manager Evans presented the staff report and stated Maplewood should be actively
involved in this abandonment for the following reasons:
1. Possible use as a trail
2. The need to acquire easements for existing street and utility crossings
3. The City Drainage Plan proposes storm sewer over most of this rail line
4. Expansion and connection of adjacent public properties
Recommendation
Approval of the enclosed resolution.
b. Councilmember Bastian introduced the following resolution and moved its adoption:
82 — 1 — 16
WHEREAS, the Soo Line Railroad Company has filed an application with the Inter-
state Commerce Commission (ICC) for a certificate permitting the abandonment of
a rail line through Maplewood; and
— 13 — 1/21
WHEREAS, the application was to be filed on or about December 31, 1981 and if
no protests are received within 30 days, the ICC will grant the abandonment request;
and
WHEREAS, the rail line could provide an alternate extension of the Minnesota—
Wisconsin Boundary Trail into Ramsey County; and
WHEREAS, property or easements may be needed for numerous street and utility
crossings; and
WHEREAS, the Maplewood Drainage Plan proposes a storm sewer along most of this
rail line; and
WHEREAS, the rail line may be needed to expand and connect adjacent public
properties, such as: Maplewood's public works site, Flicek Park, Robinhood Park,
Ramsey County's Goodrich and Keller Golf Courses, and John Glenn JuAior High.:.
NOW, THEREFORE, DOES THE CITY COUNCIL OF MAPLEWOOD request Ramsey County to
act as coordinator for the study and possible acquisition of all or part of the
Soo Line rail line; and
FURTHER, that the City requests 180 day public use negotiation period; and
FURTHER, that the City be made a party of record and informed of all future
actions in regard to the Soo Line abandonment.
Seconded by Mayor Greavu. Ayes — all
COUNCIL PRESENTATIONS
1. Committee
a. Councilmember Juker requested a committee be established to investigate the
feasibility of a separate school district for Maplewood.
b. Councilmember Juker moved . that the City Council establish a committee as stated.
Seconded by Councilmember Anderson.
Councilmember Bastian moved to table this item until June 30, 1985.
Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilmembers Bastian
and Maida.
Nays — Councilmembers Anderson and Juker.
2. Quad Ordinance
a. Councilmember Juker moved to place on the next agenda an ordinance regulating
the designs of Quad buildings.
Seconded by Councilmember Anderson
3. Bullets
Ayes — Councilmembers Anderson and Juker.
Nays — Mayor Greavu, Councilmembers Bastian
and Maida.
a. Councilmember Juker moved first reading of an ordinance prohibiting the selling_
of "Cop Killer" bullets within the City of Maplewood.
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L
Seconded by Councilmember Anderson.
4. Snow Plowing
Ayes — all.
a. Councilmember Juker questioned the possibility of City crews plowing County
roads and have the County reimburse the City.
b. Staff stated the question had been investigated and found to be not feasible.
5. 25th Anniversary
a. Councilmember Juker stated this year is the City's 25th Anniversary and quest-
ioned if anything was being planned.
b. Staff stated it is being thought about.
C. Councilmember Bastian will discuss this with the Chamber.
6. Cable TV
a. Councilmember Anderson requested the newspapers to place an article stating
there is a vacancy on the Cable TV Committee and applicants are being'sought.
7. Water Department
a. Councilmember Anderson expressed his concerns regarding the St. Paul Water
Department raising the water rates for suburbs.
b. Council directed the City Attorney to investigate the possibility of collecting
revenue for all the property located in Maplewood that is owned by the Water
Department and also for the City Attorney to obtain an Attorney General's opinion
as to whether or not the Water Department can charge the suburbs a higher rate
than the City of St. Paul.
C. Council authorized the City Manager to proceed with negotiations for a contract
with the Water Department.
d. Councilmember. Bastian stated he will arrange a meeting between the Council
and the City's legislative representatives to discuss this item and others.
8. Pipeline Ordinance
a. Council instructed the City Attorney to prepare an ordinance regarding
regulations on under ground pipelines.
ADMINISTRATIVE PRESENTATIONS
1. Adolphus Sewer
a. Councilmember Bastian introduced the following resolution and moved its - adoption:
82 — 1 — 17
TO WHOM IT MAY CONCERN:
WHEREAS, THE City Council of the City of Maplewood, Ramsey County, Minnesota,
deems it necessary and expedient that the improvement hereinafter described, be
— 15 — 1/21
made;
NOW, THEREFORE, notice is hereby given that the City Council will hold a public
hearing on said improvement at the following time and place within the said City:
DATE: February 10, 1982
TIME: 7:00 P.M.
LOCATION: Edgerton Elementary School Gymnasium
1929 Edgerton Street
Maplewood, Minnesota 55117
The general nature of the improvement is the construction of sanitary sewer
replacement facilities and appurtenant roadway work in the following described
areas:
1. McMenemy Street from Roselawn Avenue to 700 feet to the north.
2. Roselawn Avenue from Adolphus Street to I -35E
3. Adolphus Street from Roselawn Avenue to Larpenteur Avenue.
THE TOTAL ESTIMATED COST OF SAID IMPROVEMENT IS $371,100.00.
It is proposed to assess every lot, piece or parcel of land benefited by said
improvement whether abutting thereon or not, based upon benefits received without
regard to cash valuation.
Persons desiring to be heard with reference to the proposed improvement should
be present at this hearing.
This Council proposes to proceed under the authority granted by Chapter 429
M.S.A.
Dated this 20th day of January, 1982.
BY ORDER OF THE CITY COUNCIL
/s/ Lucille E. Aurelius
City Clerk
City of Maplewood, Minnesota
Seconded by Mayor Greavu. Ayes - all.
2. A F S C M E
a. Manager Evans stated the AFSCME Union had notified the City of their intentions
to strike. February 1, 1982 would be the date. It is hopeful a mediation session
will be established before this_ takes place.
ADJOURNMENT
10:19 P.M. —
City Clerk
_ 16 —