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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. — 14 — 1/21 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 —