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HomeMy WebLinkAbout11.28.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 28, 1983 Council Chambers, Municipal Building Meeting No. 83 -30 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building 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 No. 83 -24 (September 26, 1983) Councilmember Anderson moved that the Minutes of Meeting No. 83 -24 (September 26, 1983) be approved as submitte .- Seconded by Councilmember Juker. Ayes - all APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Castle Avenue 2. Exotic Dancers 3. C. D.R.B. Appointment 4. Commission Communication Device 5. Woodbury Horse Racing Track 6. Gervais Avenue Assessment 7. December 26, 1983 Meeting Seconded by Councilmember Maida. E. CONSENT AGENDA Item E -3 deleted from Consent Agenda Ayes - all. Councilmember Bastian moved, seconded by Mayor Greavu, Ayes - all, to approve the Consent Agenda Items E -1, 2 and '4 as recommended. 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses - Check registered dated November 16, 1983 through November 18, 1983 - $335,083.21: Part II - Payroll Check dated November 18,.1983 - $63,840.69) in the amount of $398,923.90. 11/28 2. Budget Transfer Approved the following budget transfer to cover cost of repairs of the 75 hp electrical motor at the Beebe Road Booster Station: FROM TO AMOUNT Contingency Repair & Maintenance, Utility $4,065 03 4910 60 Unappropriated Fund Repair & Maintenance, Utility $3,805 Balance 3. Final Plat - Goff's Mapleview 2nd Addition Deleted from Agenda 4. Court Lease - 1984 Authbrized staff to execute a lease agreement with Ramsey County for court space during 1984 at $8.38 per square foot. F. PUBLIC HEARINGS 1. Code Amendment: Parking Stalls - 2nd Reading - 4 votes 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding an amendment to the code which will permit parking stalls in owner occupied developments to be 9 by 18 feet in size. b. Manager Evans presented c. Mayor Greavu called for d. Mayor Greavu called for e. Mayor Greavu closed the f. Councilmember Anderson the staff report. proponents. None were heard. opponents. None were heard. public hearing. introduced the following ordinance and moved its adoption: ORDINANCE NO.555 AN ORDINANCE REGULATING THE SIZE OF PARKING STALLS IN R -3 DISTRICTS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 36 -6 (Definitions) is hereby amended to read as follows: Parking Space: An open space or a garage on a lot, used for parking motor vehicles, to which there is access from a street or alley. Section 2. Section 36 -109 (off- street parking /residence district -- multiple .dwelling) is hereby amended to read as follows: (2) Minimum parking stall size shall be ten (10) feet by twenty (20) feet, except that parking stalls for owner - occupied units may be reduced to nine - 2 - 11/28 (9) by eighteen (18) feet. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Maida. Ayes - all. AWARD OF BIDS Npne.l H. NEW BUSINESS 1. Mr. and Mrs. Floyd Wilson, 1656 E. Sandhurst - Sewer Complaint a. Mr. and Mrs. Floyd Wilson.stated that when the City sewer crews flushed out the line in Sandhurst Drive, the sewerage backed up into their bathroom. They do not wish this to happen again. b. Mr. Paul Nachtscheim, Mrs. Wilson's father, also spoke. c. Staff stated they were not allowed into the residence to investigate. Staff also stated that before the,crew flushes the line in the future, they will notify the Wilsons. F. PUBLIC HEARINGS (continued 2. Variances: Hudson Place and Ferndale - 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Michael Mehralian for lot area and lot frontage variances to construct, an earth sheltered dwelling on a lot that does not meet code requirements. b. Manager Evans presented the staff report and stated the City Council heard this case on November 14, 1983 and tabled it until this meeting. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Prew moved the Planning Commission recommend to the City Council denial of the lot area, lot frontage and lot width variances for construction of a single dwelling on lot seventeen, block three, Brower Park, on the basis that: 1. Development of this lot would be inconsistent with the intent of the zoning code, resulting in a dwelling out of character with existing neighborhood development. 2. Approval would be inconsistent with the previous denial of similar requests. 3. Strict enforcement would not cause any undue hardship unique to the individual lot in question. 4. The best use of the property, in the public interest, would be combination with the parcel to the south, since the subject parcel is little more than a side yard for the adjacent landowner. 5. The present owner purchased this property in 1983. The requirements from which a variance is requested, have been in effect since the 1960's, therefore, any hardship incurrred would be self- imposed. - 3 - 11/28 6. The property is-maintained by an adjacent property owner and isi:not an eyesore. If Council approves this variance it should be subject to the payment of cash connection charges. Commissioner Whitcomb seconded. Ayes- Commissioners Axdahl, Barrett, Ellefson, Fischer, Prew, Robens, Sigmundik, Sletten, Whitcomb." d. Mr. Michael Mehralian, the applicant, spoke in favor of the proposal. e. Mayor Greavu called for opponents Mr. Ken Wolf, 203 Ferndale Mr. James Kaczmarczik, 204 Ferndale Mr. Williams, 199 Ferndale Ms. Sue Monohan, 198 Ferndale. f. Mayor Greavu called for proponents The following were heard: None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to deny the lot area and lot frontage variances as requested by Mr. Michael Mehralian based on the findings in the Planning Commission report. Seconded by Councilmember Juker. Ayes - all. 3. Code Amendment: Offices in M -1 Districts a. Mayor Greavu convened the meeting for a public hearing regarding an amendment to the Code to permit offices in M -1 light manufacturing districts. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend to the City Council adoption of the ordinance amendment which would permit offices in M -1 districts. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Prew, Robens, Sigmundik, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved first reading of an ordinance to amend the code to permit offices in an P1- Lig t anu acturing Distric . Seconded by Councilmember Anderson. Ayes - all. 4. Code Amendment: Used Car Lots - First Reading - 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding an amendment to the code changing used car lots from permitted to conditional uses in the BC - 4 - 11/28 and M -1 districts and to delete the provision allowing property owners within 500 feet of a used car lot to prevent a license from being renewed. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the ordinance deleting the provision allowing property owners within 500 feet of a used car lot to prevent a license from being renewed. Commissioner Ellefson seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Prew, Robens, Sigmundik, Sletten, Whitcomb. Commissioner Prew moved the Planning Commission recommend to the City Council approval of making used car lots a conditional use in the existing BC zone. Commissioner Barrett seconded Sigmundik, Sletten, Whitcomb. Prew, Robens." d. Mayor Greavu called for proponents Ayes - Commissioners Axdahl, Barrett, Nays - Commissioners Ellefson, Fischer, None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved first reading of an ordinance to amend Code Section 18.147 deleting the provision al.lowing property owners within 500 feet of a use car lot to prevent a icense Trom beinq renewed. Seconded by Councilmember Maida. Ayes - all. h. Councilmember Bastian moved first readi 36.153, 36.190 and 36.205 changing used car uses in BC, M-1 an d M-2 cHstricts. of an ordinance amending Code Sections is from permitted to conditional Seconded by Councilmember Juker. Ayes - all. 5. Code Amendment.: R -3 District - First Reading 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding an amendment to the R -3 district code. The amendment would initiate several technical changes. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend the City Council approve the ordinance making technical changes to the R -3 district. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Prew, Robens, Sigmundik, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. - 5 - 11/28 e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved first - reading of an ordinance amending Code Sections 36 -114 and 36 -125 making tec —n— ica c anges to the R-3 district. Seconded by Councilmember Anderson. Ayes - all. H. UNFINISHED BUSINESS Final Approval for Bond for St. John's a. Ms. Mary Ippel, Briggs and Morgan, presented the resolution that is required for final approval of the St. John's Hospital Revenue Bond. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 11 - 192 RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF HOSPITAL DEVELOPMENT REVENUE BONDS TO FINANCE THE PROJECT BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. The Council has received a proposal from Health Resources Hospital Corpor- ation (the "Company ") that the City undertake to partially finance a certain Project as herein described, pursuant to the Minnesota Municipal Industrial Development Act, Chapter ;474, Minnesota Statutes (the "Act "), through issuance by the City of its Hospital Revenue Bonds (Health Resources Hospital Corporation), Series 1983 (the "Bonds "), in an amount not to exceed $35,000,000 and in accordance with a Contract of Purchaser (the "Purchase Agreement ") between the City, the Company, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Dain Bosworth Incorporated and Piper Jaffray & Hopwood Incorporated (collectively, the "Bond Purchaser "). 2. The Company desires to acquire certain real estate and construct thereon and equip an acute care hospital and related health care facilities and advance refund $2,400,000 The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota Commercial Development Revenue Bonds, Series 1982 (St. John's Hos- pital Project) (the "Prior Bonds "), refinance certain existing debt of St. John's Lutheran Hospital Association and renovate certain areas of St. John's Hospital in St. Paul, Minnesota (hereinafter collectively referred to as employment to 300 persons (a combination of new jobs and jobs transferred from St. Paul) and will otherwise further the policies and purposes of the Act and the findings made in the preliminary resolution adopted by this Council on July 25, 1983 with respect to the Project are hereby ratified, affirmed and approved. 3. It is proposed that, pursuant to a Loan Agreement dated December 1, 1983, between the City as Lender and Company as Borrower (the "Loan Agreement"), the City loan the proceeds of'the Bonds to the Company to partially finance the cost of the Project. The basis payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue suffieient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed - 6 - 11/28 that the City assign its rights to the basic payments and certain other rights under the Loan Agreement to First Trust Company of Saint Paul, in St. Paul, Minnesota (the "Trustee ") as security for payment of the Bonds under an Indenture of Trust dated December 1, 1983 (the "Indenture "). The payment of the Bonds is to be secured by a Guaranty Agreement dated as of December 1, 1983 given by St. John's Northeast Community Hospital to the Trustee and a Guaranty Agreement dated as of December 1, 1983 given by St. John's Luthern Hospital Association to the Trustee (collectively, the "Guarantors "). 4. Pursuant to an Escrow Agreement dated as of December 1, 1983 between the City, the Company, St. John's Lutheran Hospital Association and Norwest Bank, Minneapolis (the "Escrow Agent ") a portion of the proceeds of the Bonds will be deposited with and used by the Escrow Agent to purchase direct obligations of the United States with such maturities and interest payment dates and bearing such interest as will, without further investment or reinvestment of the principal amount thereof and the interest earnings therefrom, be sufficient to provide funds to pay when due the principal of and interest on the Prior Bonds. 5. This Council by action taken on July 25, 1983 gave preliminary approval to the proposal and on or about August 22, 1983 the Minnesota Energy and Economic Development Authority gave approval to the Project as tending to further the purposes and policies of the Act. 6. Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement. (b) The Indenture. (c) The Escrow Agreement. (d) The Guaranty Agreements (Not executed by the city). (e) The Master Trust Indenture (Not executed by the City). (f) The First Supplemental Indenture (Not executed by the City). (g) The Contract of Purchase. (h) The Preliminary official Statement dated November 23, 1983 (Not executed by the City). - 7 - 11/28 7. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act; (b) the purpose of the Project is and the effect thereof will be to promote the public welfare by the acquisition, construction and equipping of an acute care hospital and related health care facilities% (c) the Project is to be located within the City limits, at a site which is easily accessible to employees residing within the City and the surrounding communities; (d) the acquisition, construction and installation of the Project, the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Purchase Agree- ment, the Escrow Agreement and the Indenture, and the performance of all covenants and agreements of the City contained in the Loan Agreement, the Purchase Agreement, the Escrow Agreement and the Indenture and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Purchase Agreement, Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (e) it is desirable that the Company be authorized, in accordance with the provisions of Section 474.03 of the Act and subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper, to complete the acquisition and installation of the Project by such means as shall be available to the Company and in the manner determined by the Company, and wiwith or without advertisement for bids as required for the acquisition and installation of municipal facilities; (f) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (g) the basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate - 8 - 11/28 insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises and payable during the term of the Loan Agreement and Indenture; (h) under the provisions of Minnesota Statutes, Section 474.10, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder o£ any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 8. Subject to the approval of the City Attorney and the provisions of paragraph 10, the forms of the Loan Agreement, the Purchase Agreement, the Escrow Agreement and Indenture and exhibits thereto and all other documents described in paragraph 6 hereof are approved substantially in the form submitted except as otherwise provided in paragraph 9 hereof. The Loan Agreement, the Escrow Agreement, the Purchase Agreement and Indenture, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk. Any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents.necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Loan Agreement and Indenture. 9. The City hereby finds that the information relating to the City in the sections of the Preliminary official Statement captioned "The City ", "Litigation" and the - 9 - 11/28 fourth paragraph under "Miscellaneous" does not contain any untrue statement of a material fact or omit to state any fact which is necessary to make the statements made therein not misleading and hereby approves such information; and the City hereby ratifies, confirms and consents to the use of said information in the Preliminary Official Statement and the final Official Statement in connection with the sale of the Bonds. The City consents to the circulation of the Official Statement and the final Official Statement. The consent of the City to the circulation of the final Official Statement is subject to the approval of the form of the final Official Statement by the Mayor, City clerk and City Attorney. The City has not prepared nor made any independent investigation of the information contained in the Preliminary Official Statement other than the information relating to the City in the sections of the Prelim- inary Official Statement captioned "The City ", "Litigation" and the fourth paragraph under "Miscellaneous" and the City takes no responsibility for such information. The City will not pre- pare nor make any independent investigation of the information contained in the final Official Statement other than the information relating to the City in the sections to be included in the final Official Statement captioned "The City ", "Litiga- tion" and the fourth paragraph under "Miscellaneous" and the City will take no responsibility for such information. 10. The rate of interest on the Bonds shall be such rate per annum not more than thirteen percent as the Mayor, the City Clerk, the Bond Purchaser and the Company shall agree to. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture with the rate established as provided in this paragraph. The Bonds shall be sold to the Bond Purchaser at a price not to exceed $33,600,000 as the Mayor, the City Clerk, the Bond Purchaser shall agree to. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 11. The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall'constitute representations of the City as to the truth of all statements contained therein. 12. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate land such modifications thereof, deletions there£rom'and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and - 10 - 11/28 said City officials are hereby authorized to approve said changes on behalf of the City. 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. In the absence of the Mayor or Clerk, any of the documents authorized by this resolution to be executed may be executed by the Acting Mayor or the City Clerk respectively. Passed November 28, 1983. John C. Greavu Attest: /s/ Lucille E. Aurelius City Clerk Seconded by Councilmember Bastian. Ayes - all. I. NEW BUSINESS (continued) 2. White Bear Avenue - T.H. 36 to Edgewater Avenue a. Manager Evans presented the staff report. b. Mayor Greavu moved to approve the following agreement between Maplewood and Ramsey County and introduced the following resolution: 83 - 11 - 193A WHEREAS, plans for Project No. S.P. 62- 655 -24 and S.P. 62- 665 -20 showing proposed alignment, profiles, grades and cross - sections for the construction, reconstruction or improvement of County State -Aid Highway No.65 within the limits of the City as a County State Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED that said plans be in all things approved. Seconded by Councilmember Maida. Ayes - all. 3. H.R.A. Resignations a. Manager Evans presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 11 - 193 WHEREAS, Lucille Bryant became a member of the Housing and Redevelopment Authority to Maplewood, Minnesota in March of 1981 and has served faithfully in that capacity to the present time; and - 11 - 11/28 WHEREAS, she has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, she has shown sincere dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City, that Lucille Bryant is hereby extended our heartfelt gratitude and appreciation for her dedicated service and we wish her continued success in the future. Seconded by Councilmember Juker. Ayes - all. c. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 11 - 194 WHEREAS, Paul Zugschwert became a member of the Housing and Redevelopment Authority of Maplewood, Minnesota in March of 1983 and has served faithfully in that capacity to the present time; and WHEREAS, he has given of his time and energy without compensation for the better- ment of the City of Maplewood; and WHEREAS, he has shown dedication to his duties and has contributed his leadership and effort for the benefit of the City; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City, that Paul Zugschwert is hereby extended our gratitude and appreciation for his service and we wish him continued success in the future. Seconded by Councilmember Juker. Ayes - all. 4. Code Amendment: Public Pools First Reading a. Manager Evans presented the staff report. b. Mayor Greavu moved first reading of an ordinance authorizing the licensing of public pools. Seconded by Councilmember Maida. Ayes - all. 5. Mr. and Mrs. Terry Schilling - Sewer Connection a. Manager Evans stated the Schillings are requesting that the cash connection charge for hooking into a Maplewood Sewer be applied to their taxes instead of having to make one payment. The Schillings are North St. Paul residents. b. Councilmember Bastian moved to table this item until further alternatives have been studied. Seconded by Mayor Greavu. Ayes - all. - 12 - 11/28 J. VISITOR PRESENTATIONS 1. Mr. Chuck Wiger a. Mr. Wiger, Metropolitan Council member, advised the Council of the issues before the Metropolitan Council at this time. K. COUNCIL PRESENTATIONS 1. Castle Avenue a. Councilmember Juker questioned if Castle Avenue east of White Bear Avenue could be renamed. A resident had stated it was confusing because Highway 36 is between North Castle and South Castle Avenues. b. Councilmember Juker stated she would look into the matter further. 2. Exotic Dancers a. Councilmember Juker questioned if the City ordinances were "strong" enough to control exotic dancing, etc. b. City Attorney will investigate. 3. Community Design Review Board Appointment a. Councilmember Anderson moved to appoint Councilmember Juker to the Community Design Review Board. b. No action taken. Council directed Staff to advertise for applicants. 4. Commission Communication Device a. Councilmember Bastian stated there is a need to have a way to communicate Council actions to the various boards. b. Further investigation will be made. 5. Woodbury Horse Racing Track a. Mayor Greavu moved that a letter of support for the Woodbury Horse Racing Track be forwarded to the necessary o icers. Seconded by Councilmember Anderson. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS 1. Gervais Avenue Assessments a. Manager Evans stated the assessment appeals filed by Barbara J. Fenton and Mr. and Mrs. Glen Wilke have been settled. b. Councilmember Bastian introduced the following resolution and moved its adoption: - 13 - 11/28 83 - 11 - 195 WITNESSETH: WHEREAS, on the 30th day of July, 1981, the City of Maplewood levied the here- inafter set forth special assessments against that real property identified as PIN 57 63100 020 02 owned by Barbara J. Fenton located at 1725 Gervais Avenue, Maplewood, for that local public improvement known as Project 77 -9, Aud. No. 5168, D/P 5168 for street, curb and gutter and driveways and Aud. No. 5169, D/P 5169 for storm sewer, residential as follows, to -wit: Street, curb and gutter $7,372.00 Driveways 295.68 Storm sewer, residential 1,530.00 Total Assessments $9,197.68 WHEREAS, said owner timely appealed from said special assessments pursuant to the provisions of Minnesota Statutes, Section 429.081; and WHEREAS, the Ramsey County District Court entered its judgment in the above - referenced matter finding that the real property hereinbefore referenced had re- ceived no special benefit from the local public improvements for which the assessment was levied and ordered that said special assessments be declared null and void. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Maplewood as follows: 1. That the special assessments hereinbefore described for Project 77 -9, Aud. No. 5168, D/P 5168 and Aud, No. 5169, D/P 5169, levied July 30, 1981 be and hereby are determined and declared to be null and void; and 2. That the Clerk of the City of Maplewood, be and hereby is authorized and directed to prepare and execute such documents as may be deemed necessary to set aside said special assessments; and 3. That any penalties and /or interest on penalties on the failure to pay said special assessments, be and hereby are, abated. Seconded by Councilmember Juker. Ayes - all. c. Councilmember Bastian introduced the following resolution and moved its adoption: 83 - 11 - 196 WITNESSETH: WHEREAS, on the,30th day of July, 1981, the City of Maplewood leviedr'the herein- after set forth special assessments against that real property identified as PIN 57 63100 030 02 owned by Glen C. and Janet M. Wilke located at 1733 E. Gervais Avenue, Maplewood, for that local public improvement known as Project 77 -9, Aud. No. 5168, D/P 5168 for street, curb and gutter and driveways and Aud. No.5169 - 14 - 11/28 D/P 5169 for storm sewer, residential as follows, to -wit: Street, curb and gutter $17,077.24 Driveways 460.77 Storm sewer, residential 3,544.25 Total Assessments $21,082.26 WHEREAS, said owner timely appealed from said special assessments pursuant to the provisions of Minnesota Statutes, Section 429.081; and WHEREAS, the Ramsey County District Court entered its judgment in the above - referenced matter finding that the real property hereinbefore referenced had received no special benefit from the local public improvements for which the assessment was levied and ordered that said special assessments be declared null and void. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Maplewood, as follows: 1. That the special assessments hereinbefore described for Project 77 -9, Aud. No. 5168, D/P 5168 and Aud No. 5169, D/P 5169, levied July 30, 1981 be and hereby are determined and declared to be null and void; and 2. That the Clerk of the City of Maplewood, be and hereby is authorized and directed to prepare and execute such documents as may be deemed necessary to set aside said special assessments; and 3. That any penalties and /or interest on penalties on the failure to pay said special assessments, be and hereby are, abated. Seconded by Councilmember Juker. 2. December 26, 1983 Meeting - Holiday a. Mayor Greavu moved to change the 2nd 5g26, 1983 (which is a legal o i ay o M. ADJOOnRl 4d ed by Councilmember Bastian. 9:29 P.M. - 15 - Ayes - all. ular Council Meeting from December er at P.M. Ayes - all. 11 /9R