HomeMy WebLinkAbout10-28-1996 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, October 28,1996
Council Chambers, Municipal Building
Meeting No. 96-21
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 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Special City Council Meeting of October 10,1996
Councilmember Carlson moved to approve the minutes of Special Council Meeting of
October 10, 1996 as presented.
Seconded by Councilmember Koppen Ayes -all
2. Minutes of Meeting 96-20, (October 14,1996)
Councilmember Allenspach moved to approve the minutes of Meeting No. 96-20 (October
14, 1996) as corrected:
Page 19: Corrected vote on Resolution 96-10-116, Conditional Use Permit for the Ramsey
County Compost Site:
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Allenspach, Koppen
Nays - Councilmember Rossbach
Page 29: Correct typing error: L,l,a: Plam~ing Commission
Seconded by Councilmember Koppen Ayes -Mayor Bastian, Councilmembers
Allenspach, Koppen, Rossbach
Nays -None
Abstain - Councilmember Carlson
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
Ll Mayor' Update
J7 Charitable Gambling Request
J8 Police C1ueFs Agreement
Seconded by Councilmember Koppen Ayes -all
EA. APPOINTMENTS/PRESENTATIONS
NONE
1 10-28-96
F. CONSENT AGENDA:
Councilmember Carlson moved, seconded by Councilmember Koppen; ayes -all, to
approve the Consent Agenda, Items F-1 thru F-7 and F- 9 thru F-12, as recommended.
(Item F-8 moved to become J-9).
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 158,018.86 Checks #6737-#6734 Dated 10-3-96 thru 10-9-96
$ 97,110.45 Checks #28353-#28508 Dated 10-15-96
$ 149,612.48 Checks #6755-#6779 Dated 10-10-96 thru 10-16-96
$ 87,707.19 Checks #28513-#28585 Dated 10-22-96
$ 492,448.98 Total Accounts Payable
PAYROLL: $ 262,579.15 Payroll Checks and Direct Deposits dated 10-18-96
$ 47,243.03 Payroll Deduction Checks #54998-#54010 Dated 10-18-96
$ 309,822.18 Total Payroll
S R02, 72 116 GRAND TOTAL
2. Gambling License Application -New Manager for North Maplewood Lions Club
Approved Donald Courteau as the new gambling manager for the North Maplewood Lions
Club, operating at Gulden's Roadhouse, 2999 N. Highway 61.
3. Schroeder Milk Conditional Use Permit Review (2080 Rice Street)
Reviewed and renewed the Conditional Use Permit allowing Schroeder MilkCompany, Inc.
to expand their facility at 2080 Rice Street, and will review the permit again in June, 1997
when the Company shall complete repairs of the lawn-irrigation system, Finish the paving
and do the remaining parking lot striping.
4. Schroeder Drainage Agreement
Authorized execution of a storm water drainage agreement between the City and
Schroeder Milk Company, Inc.
5. Redeeming Love Church Conditional Use Permit Review (2425 White Bear Avenue)
Reviewed and renewed the Conditional Use Permit allowing a church at 2425 White Bear
Avenue, to be reviewed again only if a problem arises.
6. Authorization to Close Community Center Construction Fund
Authorized the appropriate £mancial transfers and budget changes to closethe Community
Center Construction Fund.
7. Audit Contract
Approved afive-year contract with KPMG Peat Marwick for auditing services at a total
all-inclusive maximum price of $90,000.
8. Application for Cancellation of Ambulance Bill - J. Lassard
MOVED TO BECOME J-9
9. Budget Change -Parks & Recreation Basketball
2 10-28-96
Authorized the appropriate budget changes to accommodate the additional revenues
($4,24 and expenditures ($2,900) resulting from the expansion of the basketball program
10. Resolution of Appreciation - Alys DuCharme
Adopted the following Resolution:
96-10-122
JOINT RESOLUTION OF APPRECIATION
WHEREAS, Alys DuCharme has been a member of the Maplewood Seniors and
Persons with Disabilities Committee since September, 1991 and has served faithfiillyinthat
capacity; and
WHEREAS, the Committee has appreciated Alys' experience, insights and good
judgement; and
WHEREAS, Alys has freely given her time and energy, without compensation, forthe
betterment of the City of Maplewood; and
WHEREAS, Alys has shown 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 its citizens, that Alys DuCharme is hereby extended our
gratitude and appreciation for her dedicated service and we wish her continued success in
the future.
11. Appointment of Lori Mullen to School District 622 Community Education Advisory Council
Appointed Lori Mullen to serve as the liaison to the Community Education Advisory
Council for the City of Maplewood, for an indefinite term at the wishes of the Council.
12. Cancellation of Ambulance Billing -Brian Kurzhal
Authorized cancellation of a $2878.20 ambulance bill and payment of $40 deductible for
Brian Kurzhal for injuries which occurred at Hazelwood Park on July 4, 1996, with the
understanding that Mr. Kurzhal will sign a waiver holding the City harmless from any
future liability issues relating to the accident.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:13 P.M.): Maple Ridge Apartments -Housing Revenue Bond Refunding
Approval (1695 County Road D)
a. Mayor Bastian convened the meeting for a public hearing regarding refinancing for
the Maple Ridge Apartment project.
b. Manager McGuire introduced the staff report
c. Director of Community Development Coleman presented the specifics of the report
d. Mary Ippel, Briggs and Morgan, presented additional information regarding the request.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents. No
one appeared.
f. Mayor Bastian closed the public hearing.
3 10-28-96
g. Mayor Bastian introduced the following Resolution and moved its adoption:
96-10-124
RESOLUTION AUTHORIZING THE ISSUANCE OF REVENUE REFUNDING BONDS, SERIES 1996
MAPLE RIDGE APARTMENTS PROJECT
AND AUTHOR ZING THE EXECUTION OF NECESSAR DOCUMENTS
WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act), the CSty of
Maplewood, Minnesota (the "City" or "Issuer"), is authorized to issue revenue bonds for the
purpose of Financing developments consisting of a multifamily housing development; and
WHEREAS, pursuant to a joint powers agreement dated as of Apri11,1985,between and among
the Housing and Redevelopment Authority of the City of Saint Paul (the "Saint Paul HRS"), the CSty
and other parties, the Saint Paul HRA issued its Variable Rate Rental Development Revenue Bonds,
Series 1985-A j~Minnesota Multi-City Joint Rental Housing Program) (the "Prior Bonds") in the
aggregate principal amount of $37,100, and used a portion of the proceeds of the Prior Bonds to
provide for the Financing of the Project hereinafter described; and
WHEREAS, the City has received from Maple Ridge Partnership, A Limited Partnership (the
"Company"), a proposal that the City reFinance a Project hereinafter described thatwas originally
Financed by the Prior Bonds, through the issuance of revenue bonds or obligations in one or more
series (collectively, the "Bonds") pursuant to the Act; and
WHEREAS, the Project to be reFinanced by the Bonds is a 100 unit multi-family rental housing
facility located at 1695 East County Road D in the City (the "Project"); and
WHEREAS, the Issuer proposed to reFinance the Project by the issuance of its Multifamily
Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan/Maple Ridge
Apartments Project) Series 1996 (the "Bonds") not to exceed $3,825,000 under the Act pursuant to
this Resolution; an
WHEREAS, the Bonds will be issued under an Indenture of Trust (the "Indenture"), dated
November 1,1996 between the City and First Trust National Association ~t a "Trustee"), andwill be
secured by a GNMA Mortgage-Backed Security (the "GNMA Security") issued by Glaser Financial
Group, Inc. (the "Lender"), and guaranteed as to timely payment of principal and interest by the
Government ational Mortgage Association and a pledge and assignment of certain other revenues,
all in accordance with the terms of the Indenture of Trust, and said Bonds and the interest on said
Bonds shall be payable solely from the revenue pledged therefor and the Bonds shall not constitute a
debt of the Issuer within the meaning of any constitutional or statutory limitation, nor shall the
Bonds constitute nor give rise to a pecuniary liability of the City or a charge against the credit or
taxing powers and shall not constitute a charge, lien or encumbrance, legal or equitable, upon any
property of the Issuer other than the Issuer's interest in said Project; and
WHEREAS, the GNMA Security will be backed by a mortgage loan insured by the Federal
Housing Administration (the "Mortgage Loan") made by the lender to the Company; and
WHEREAS, the Issuer conducted a public hearing on the proposal of the Company that the
Issuer reFinance the Project by the issuance of the Bonds, at 7:00 P.M. on October 28,1996, atwhich
hearing all persons who appeared were given an opportunity to express their views with respect to
the Project and the Bonds; and
WHEREAS, the Issuer, the Company and the original purchaser of the Bonds have agreed upon
sufficient details of the revenue bonds to enable the Issuer to adopt this Final bond resolution (the
"Resolution") on this date; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. Proposal. For the purpose refunding the portion of the Prior Bonds attributable to
the Project, and thereby reFinancing the Project, there is hereby authorized the
issuance, sale and delivery of the Bonds in a principal amount not to exceed
$3,825,000, the proceeds of which, together with funds provided by the Company,
shall be applied to redemption of the outstanding Prior Bonds attributable to the
4 10-28-96
Project. The Bonds shall be in such principal amounts, shall bear interest at rates,
shall be numbered, shall be dated, shall mature, shall be subject to redemption prior
to maturity, and shall be in such form and have such other details and provisions as
may be prescribed in the Indenture, substantially in the form now on File with the
Issuer; provided that the aggregate principal amount of the Bonds shall not exceed
either $3,825,000, or the outstanding principal amount of the Prior Bonds, the
maximum interest rate on the Bonds shall not exceed 7.50% per annum, the Final
maturity of the Bonds shall not be later than 40 years from the date of issuance, the
average maturity of the Bonds shall not exceed 120% of the remaining average
reasonable expected economic life of the Project, and there shall be maturities or
mandatory sinking fund redemptions of the bonds so as to result in approximately
level debt service throughout the term of the Bonds. The Bonds shall be special
obligations of the Issuer payable solely from the revenues provided by the GNMA
Security and other funds pledged pursuant to the Indenture. The Bonds are not to be
payable from nor charged upon any funds of the Issuer other than the revenues
pledged to their payment, nor is the Issuer subject to any liability thereon; no holders
of the Bonds shall ever have the right to compel any exercise of the taxing power of
the Issuer to pay any of the principal of, premium, if any, or interest on the Bonds; the
Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any
property of the Issuer, and each Bond shall recite that the revenues pledged to the
payment thereof and that no Bond shall constitute a debt of the Issuer within the
meaning of any constitutional or statutory limitation. The Bonds shall contain a
recital that they are issued pursuant to the Act and such recital shall be conclusive
evidence of the validity and regularity of the issuance thereof.
2. Structure. The Project will be reFmanced by the issuance of the Bonds, pursuant to
the Indenture.
3. Terms of Bonds. The Bonds will bear interest at the rates set forth in the Indenture,
will be issued in a principal amount not to exceed $3,825,000, and will be in the
principal amount and will mature and be subject to redemption, all as set forth in the
Indenture. Pursuant to a Financing Agreement to be dated as of November 1, 1996
(the "Financing Agreement"), the City will loan the proceeds of the Bonds to the
ompany to Fmance the Project. The payments to be made by the Companyunderthe
Financing Agreement are fixed so as to produce revenue sufficient to paythe principal
of, premium, if any, and interest on the Bonds when due. It is further proposed that
the City assign certain rights under the Financing Agreement to the Trustee as
security for payment of the Bonds under the Indenture. A Regulatory Agreement
dated as of November 1,1996 (the "Regulatory Agreement") will be entered into, by
and among the Issuer, the Trustee and the Company. A Bond Purchase Agreement
(the "Bond Purchase Agreement") will be entered into by and among the Issuer, the
rustee, the Company and Piper affray Inc. (the "Purchaser").
4. Forms of Documents Submitted. Pursuant to the preliminary approval of this Board,
forms of the following documents have been submitted to the Board for approval:
(a) the Financing Agreement;
(b) the Indenture;
(c) the Bond Purchase Agreement; and
(d) the Regulatory Agreement.
5. Findings. It is hereby found, determined and declared that:
(a) the Project furthers the policies of the Act;
(b) the Project promotes the public welfare by providing necessary housing
facilities, so that adequate housing facilities are available to residents of the
State at a reasonable cost;
(c) the Act authorizes the acquisition, construction and installation of the
facilities and equipment to be reFmanced by the Bonds, the issuance and sale
of the Bonds, the execution and delivery by the City of the Financing
5 10-28-96
Agreement, Regulatory Agreement, Indenture and Bond Purchase
Agreement (collectively the "Bond Documents"), the performance of all
covenants and agreements of the City contained in the Bond Documents,
and the performance of all other acts and things required under the
constitution and laws of the State of Minnesota to make the Bond
Documents and Bonds valid and binding obligations of the City in
accordance with their terms;
(d) it is desirable that the Bonds be issued by the City upon the terms set forth
in the Indenture;
(e) the payments under the Financing 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
Financing Agreement and Indenture also provide that the Company is
required to pay all expenses of the operation and maintenance of the
facilities to be £manced by the Bonds, including, but without limitation,
adequate insurance thereon and insurance against all liability for injury to
persons or property arising from the operation thereof, and any taxes and
special assessments levied upon or with respect to the premises of said
facilities and payable during the term of the Financing Agreement and
Indenture;
(t) as provided in the Financing Agreement and Indenture, the Bonds arenotto
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 of any Bond 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 Financing Agreement which have been
assigned to the Bond 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 Financing
Agreement which have been assigned to the Trustee under the Indenture;
the Bonds shall recite that the Bonds do not constitute or give rise to a
pecuniary liability or moral obligation of the City, the State of Minnesota or
any of 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.
6. Approval of Forms; Execution. Subject to the approval of the City Attorney, and the
provisions of paragraph 10 hereof, the forms of the Bond Documents and exhibits
thereto and all other documents listed in paragraph 4 hereof are approved
substantially in the form submitted. Subject to the provisions of paragraph 10 hereof,
the Bond Documents, in substantially the forms submitted, are directed to be executed
in the name and on behalf of the City by the Mayor and Clerk. Subject to the
provisions of paragraph 10 hereof, the Bonds are to be executed in the name of and on
behalf of the City by the Mayor and Clerk, and are to be delivered to the Trustee for
authentication and delivery to the Purchaser. Any other City documents and
certificates necessary to the transaction described above may 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 the
Financing Agreement and Bond Indenture.
7. Official Statement. The City hereby consents to the preparation and distribution of a
Preliminary Official Statement and a Final Official Statement the "Official
Statement") to the Purchaser; provided that it is understood that the ity has relied
upon the Company and the Purchaser and legal counsel retained by them to assure the
accuracy and completeness of the information set forth in the Official Statement and
that therefore the City has not participated, and will not participate significantly, in
the preparation of the Official Statement, that it has not made, and will not make, any
independent investigation of the information contained therein, except under the
heading "The Issuer", and it assumes no responsibility for the accuracy or
6 10-28-96
completeness of such information. The draft of the Official Statementon filewith
the City is hereby designated as a "near Final" Official Statement for purposes of
Rule 15-c2-12 of the Securities Exchange Commission.
8. Issuance. The City shall proceed forthwith to issue the Bonds, in the form and upon
the terms set forth in the Indenture and this Resolution, if and to the extent the City
officers determine to proceed with the Project which determination shall be deemed
made upon execution of the Bond Documents by the City officers. The Bonds shall be
issued in a principal amount not to exceed $3,825,000, shall be payable or prepayable
at such time or times, shall bear interest at such rates and shall be subject to such
other terms and conditions as set forth in the Indenture and that the City officers and
the Company shall agree to, which agreement shall be deemed to have been made
upon execution of the Indenture by the City officers. The City officers are authorized
and directed to execute and deliver the Bonds as prescribed in the Indenture. Piper
Jaffray Inc. is designated by the City as the Underwriter for the Bonds and Briggs and
Morgan is designated as Bond Counsel for the Bonds.
9. Records and Certificates. The Officials and other officers of the City are authorized
and directed to prepare and furnish to the Purchaser certified copies of all
proceedings and records of the City relating to the Bonds, and such other affidavits,
including any heretofore furnished, shall constitute representations of the City as to
the truth of all statements contained therein.
10. Changes in Forms Approved; Absent and Disabled Officers. The approval hereby
given to the various documents referred to above includes approval of such additional
details therein as may be necessary and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be necessary and appropriate and
approved by the City Attorney to the City, the appropriate City staff person or by the
officers authorized herein to execute or accept, as the case may be, said documents
prior to their execution; and said officers or staff members 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 document in accordance with the terms hereof. In the
event of absence or disability of the officers, any of the documents authorized by this
Resolution to be executed may be executed without further act or authorization ofthe
City Council by any member of the City Council or any duly designated acting official,
or by such other officer or officers of the Board as, in the opinion of the City
Attorney, may act in their behalf.
11. Indemnification of City Officers. The City hereby agrees and covenants that it will
defend, save harmless and indemnify City officials, officers and employees from all
liabilities, losses, damages, costs and expenses arising with respect to their
participation in the Project and the issuance of the Bonds, including but not limited to
research, data preparation, document preparation and execution andwritten opinions
and other representations of the City in the transition.
12. Indemnification by Company. It is understood and agreed that the Company shall
indemnify the City against all liabilities, losses, damages, costs and expenses ('including
attorney's fees and expenses incurred by the City) arising with respect to the Project
or the Bonds, as provided for and agreed to by and between the Corporation and the
City in the Financing Agreement.
13. Headings; Terms. Paragraph headings in this Resolution are for convenience of
reference only and are not a part hereof, and shall not limit or define the meaning of
any provision hereof. Capitalized terms used but not defined herein shall have the
meanings given them in the Indenture or Financing Agreement.
Seconded by Councilmember Koppen Ayes - all
2. 7:10 P.M. (7:18 P.M.): Carefree Cottages of Maplewood (Phase III) (1781-1809 Gervais
Avenue)
7 10-28-96
a. Mayor Bastian convened the meeting for a public hearing regarding a request from
Mogren Development for vacation of part of a wetland easement northeast of the
senior apartment building in the Carefree Cottages of Maplewood (Phase III)
development.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents. No one
appeared.
e. Mayor Bastian closed the public hearing.
Easement Vacation
f. Councilmember Rossbach introduced the following Resolution and moved its
adoption•
96-10-124
EASEMENT VACATION
WHEREAS, Gerald Mogren applied for the vacation of the following-described easement:
Portion of drainage and wetland easement (Doc. No. 2892318) to be vacated over and
across those parts of Lot 1, E.G. ROGER=S GARDEN LOTS and Lot 5, Block 1, MAPLE
RIDGE MALL, City of Maplewood, Ramsey County, Minnesota described as follows:
Commencing at the northeast corner of said Lot 1; thence North 89 degrees 24
minutes 04 seconds West (assumed bearing), along the north line of said Lot 1 a
distance of 145.70 feet; thence South 34 degrees 54 minutes 34 seconds West a
distance of 150.11 feet; thence South 36 degrees 46 minutes 38 seconds East a
distance of 234.05 feet; thence North 80 degrees 14 minutes 52 seconds East a
distance of 93.78 feet to a point on the west line of Lot 5; thence North 00 degrees
11 minutes 11 seconds West a distance of 24.89 feet along said west line; thence
North 64 degrees 53 minutes 20 seconds East a distance of 100.66 feet; thence
North 82 degrees 52 minutes 48 seconds East a distance of 119.72 feet; thence
South 64 degrees 03 minutes 45 seconds East a distance of 54.43 feet; thence
North 51 degrees 03 minutes 51 seconds East a distance of 297.35 feet; thence
South 26 degrees 02 minutes 11 seconds West a distance of 194.41 feet; thence
South 03 degrees 27 minutes 39 seconds West a distance of 110.21 feet; thence
South 16 degrees OS minutes 06 seconds East a distance of 16.44 feet; thence
South 32 degrees 29 minutes 48 seconds East a distance of 80.99 feet; thence
South 11 degrees 18 minutes 02 seconds East a distance of 195.39 feetto the point
of begim~ing; thence South 16 degrees 29 minutes 00 seconds West a distance of
72.55 feet; thence West a distance of 23.02 feet; thence North 32 degrees 03
minutes 52 seconds East a distance of 82.09 feet to the point of begim~ing and
there terminating.
and a portion of drainage and wetland easement (Doc. No. 2892318) to be vacated over and
across those parts of Lot 1, E.G. ROGER=S GARDEN LOTS and Lot 5, Block 1, MAPLE
RIDGE MALL, City of Maplewood, Ramsey County, Minnesota described as follows:
Commencing at the northeast corner of said Lot 1; thence North 89 degrees 24
minutes 04 seconds West (assumed bearing), along the north line of said Lot 1 a
distance of 145.70 feet; thence South 34 degrees 54 minutes 34 seconds West a
distance of 150.11 feet; thence South 36 degrees 46 minutes 38 seconds East a
distance of 234.05 feet; thence North 80 degrees 14 minutes 52 seconds East a
distance of 93.78 feet to a point on the west line of Lot 5; thence North 00 degrees
11 minutes 11 seconds West a distance of 24.89 feet along said west line; thence
North 64 degrees 53 minutes 20 seconds East a distance of 100.66 feet; thence
North 82 degrees 52 minutes 48 seconds East a distance of 119.72 feet; thence
South 64 degrees 03 minutes 45 seconds East a distance of 54.43 feet; thence
North 51 degrees 03 minutes 51 seconds East a distance of 297.35 feet; thence
8 10-28-96
South 26 degrees 02 minutes 11 seconds West a distance of 137.55 feet to the
point of begimring; thence continuing South 26 degrees 02 minutes 11 seconds
West a distance of 56.86 feet; thence South 03 degrees 27 minutes 39 seconds
West a distance of 110.21 feet; thence South 16 degrees OS minutes 06 seconds
East a distance of 16.44 feet; thence South 32 degrees 29 minutes 48 seconds East
a distance of 49.21 feet; thence North OS degrees 29 minutes 57 seconds East a
distance of 36.49 feet; thence North 06 degrees 12 minutes 06 seconds West a
distance of 97.49 feet; thence North OS degrees 08 minutes 58 seconds East a
distance of 85.51 feet to the point of begimring and there terminating.
WHEREAS, the history of this vacation is as follows:
1. On October 7, 1996, the Plamring Commission recommended that the City Council
approve this vacation.
2. On October 28,1996, the City Council held a public hearing. The City staff published
a notice in the Maplewood Review and sent a notice to the abutting property owners.
The Council gave everyone at the hearing a chance to speak and present written
statements. The Council also considered reports and recommendations from the CSty
staff and Plamring Commission.
WHEREAS, after the City approves this vacation, public interest in the property will go to the
following abutting properties:
Lot 5, Block 1, Maple Ridge Mall and the South 989.64 feet of Lot 1, E. G.
Roger-s Garden Lots
except the Westerly
280 feet thereof in
Section 11, Township
29, Range 22.
WHEREAS, after the City approves this vacation, the drainage and wetland easementformerly
associated with Document No. 2892318 shall hereby be described as follows:
A drainage and wetland easement including buffer over and across those parts of Lot 1,
E.G. ROGER=S GARDEN LOTS and Lot 5, Block 1, MAPLE RIDGE MALL, City of
Maplewood, Ramsey County, Minnesota described as follows:
Begimring at the northeast corner of said Lot 1; thence North 89 degrees 24
minutes 04 seconds West (assumed bearing), along the north line of said Lot 1 a
distance of 145.70 feet; thence South 34 degrees 54 minutes 34 seconds West a
distance of 150.11 feet; thence South 36 degrees 46 minutes 38 seconds East a
distance of 234.05 feet; thence North 80 degrees 14 minutes 52 seconds East a
distance of 93.78 feet to a point on the west line of Lot 5; thence North 00 degrees
11 minutes 11 seconds West a distance of 24.89 feet along said west line; thence
North 64 degrees 53 minutes 20 seconds East a distance of 100.66 feet; thence
North 82 degrees 52 minutes 48 seconds East a distance of 119.72 feet; thence
South 64 degrees 03 minutes 45 seconds East a distance of 54.43 feet; thence
North 51 degrees 03 minutes 51 seconds East a distance of 297.35 feet; thence
South 26 degrees 02 minutes 11 seconds West a distance of 137.55 feet; thence
South OS degrees 08 minutes 58 seconds West a distance of 85.51 feet; thence
South 06 degrees 12 minutes 06 seconds East a distance of 97.49 feet; thence
South OS degrees 29 minutes 57 seconds West a distance of 36.49 feet; thence
South 32 degrees 29 minutes 48 seconds East 31.78 feet; thence South 11 degrees
18 minutes 02 seconds East a distance of 195.39 feet; thence South 16 degrees 29
minutes 00 seconds West a distance of 72.55 feet; thence West a distance of 70.00
feet; thence South a distance of 157.84 feet to a point on the southeasterly line of
Lot 5; thence North 47 degrees 11 minutes 35 seconds East a distance of 164.92
feet; thence northeasterly along the arc of a curve whose radius is 689.88 feet,
concave to the southeast a distance of 274.45 feet; thence North 00 degrees 00
minutes 33 seconds West a distance of 249.24 feet; thence North 27 degrees 45
minutes 51 seconds West a distance of 376.15 feet; thence South 89 degrees 59
minutes 56 seconds West a distance of 573.53 feet to the point of begimring and
there terminating.
9 10-28-96
NOW, THEREFORE, BE IT RESOLVED that the CityCouncil approve the above-described
vacation for the following reasons:
L It is in the public interest.
2. The area can not be restored or used as a wetland as the apartment building and
storm shelter encroach into the wetland.
Seconded by Councihnember Koppen Ayes - all
Conditional Use Permit Review
g. Councihnember Koppen moved to review the Conditional Use Permit in one year.
Seconded by Councihnember Carlson Ayes - all
3. 7:20 P.M. (7:25 P.M.): Slumberland Furniture Store (County Road D)
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal by
Larson Enterprises to build a 35,000-square-foot Slumberland Furniture Store onthe
north side of County Road D, between Maple Ridge Apartments and Frank's Nursery
and Crafts.
b. Manager McGuire introduced the staff report
c. Director of Community Development Coleman presented the specifics of the report
d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Albert Goins, owner of property
Bob Hajicek,1700 County Road D
Gary Fagerstrom, C M Architect, representative for Slumberland
e. Mayor Bastian closed the public hearing.
Land Use Plan Change (R-3H to BC) (3 Votes)
f. Mayor Bastian introduced the following Resolution and moved its adoption:
96-10-125
LAND USE PLAN CHANGE - R-3H TO BC
WHEREAS, Larson Enterprises, representing Slumberland, applied for a change to the City's
land use plan from R-3H (Multiple-family Residential) to BC Business Commercial).
WHEREAS, this change applies to the 2.25 acre tract on t e north side of County Road D just
west of Southlawn Street.
WHEREAS, the history of this change is as follows:
1. The Plam~ing Commission held a public hearing on October 7, 1996. City staff
published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Plam~ing Commission gave
everyone at the hearing a chance to speak and present written statements. The
Plam~ing Commission recommended that the City Council approve the plan
amendment.
2. The City Council discussed the plan amendment on October 28, 1996. They
10 10-28-96
considered reports and recommendations from the Plam~ing Commission and City
staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change for the following reasons:
L It is consistent with the goals policies in the Maplewood Comprehensive Plan for
commercial and industrial development.
2. The proposed commercial development would be more compatible with traffic
conditions on County Road D than a residential use.
3. There is similar commercial development to the east of this site.
4. The proposed Slumberland store is designed to keep the customer activity away
from the apartments to the
west.
Seconded by Councihnember Koppen Ayes - all
Zoning Map Change (R-3 to BC) (4 Votes)
g. Mayor Bastian introduced the following Resolution and moved its adoption:
96-10-126
ZONING MAP CHANGE - R-3 TO BC
WHEREAS, Larson Enterprises, representing Slumberland, applied for a rezoning from R-3
(Multiple-family Residential) to BC (Business Commercial).
WHEREAS, this rezoning applies to a 2.25 acre tract on the north side of County Road D just
west of Southlawn Street. The legal descriptions of the properties to be rezoned are:
Parcel L (P.LN. 34-30-22-44-0003-7):
The South 297 feet of the West 2 of the West 2 of the East 2 of the East
2 of the Southeast 3 of Section 34, Township 30, range 22, subject to
highway easement, Ramsey County, Minnesota.
Parce12. (P.LN. 34-30-22-44-0004-0):
That part of the West 2 of the East 2 of the East 2 of the Southeast 3 of
Section 34, Township 30, Range 22, lying Southerly of T.H. 393-694,
except the south 297 feet of the West 2 of the West 2 of the East 2 of the
East 2 of the Southeast 3 of said Section 34; and except the East 80 feet
of the South 173 feet thereof; and subject to an easement for the
existing public roadway along the South side thereof.
Parce13. (P.LN. 34-30-22-44-0005-3):
The east 80 feet of the South 173 feet of the West 2 of the East 3 of the
Southeast 3 of Section 34, Township 30 North, Range 22 West,
according to the United States Government Survey thereof and situate
in Ramsey County, Minnesota.
WHEREAS, the history of this rezoning is as follows:
1. The Plam~ing Commission reviewed this rezoning on October 7, 1996. They
recommended that the City Council approve the rezoning.
2. The City Council held a public hearing on October 28,1996. The City staff published
a notice in the Maplewood Review and sent notices to the surrounding property
owners as required bylaw. The Council gave everyone at the hearing an opportunity
11 10-28-96
to speak and present written statements. The Council also considered reports and
recommendations from the City staff and Plam~ing Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
rezoning for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the zoning
code.
2. The proposed change will not substantially injure or detract from the use of the
neighboring property or from the character of the neighborhood, and that the use of
the property adjacent to the area included in the proposed change or plan is
adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the community,
where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical, efficient, and
economical extension of public services and facilities, such as public water, sewer,
police and fire protection and schools.
Seconded by Councihnember Koppen Ayes - all
Parking Reduction Authorization
h. Mayor Bastian moved to approve a parking plan for which under City Code would
require 175 parking spaces but allowing for a reduction authorization of 105 parking
spaces.
1) The proposed retail use requires a high volume of space to serve a low volume of
customers and would not generate the usual amount of traffic generated by other
retail businesses.
2) Much of the proposed building would be used for display of furniture.
3) The applicant has proven that there is ample site area available to add more
parking spaces in the future if the need would arise.
If a parking shortage develops, the City Council may require that the applicant
provide additional parking spaces in accordance with City parking requirements, or
applicant's need.
Seconded by Councihnember Koppen Ayes - all
Roof-Top Equipment Screening Waiver
i. Mayor Bastian moved to waive the rooftop screening requirements for the proposed
Slumberland Furniture store, based on the following:
1) It would not improve the building=s appearance or affect property values.
2) The property owner would paint the units to match the building as code
requires. Painting is less noticeable and less obtrusive than building
screening enclosures around them.
3) The equipment would not be very noticeable from the freeway because of
the higher site grade and the building=s parapet.
The applicant must paint all rooftop equipment to match the building. (Code
requirement)
12 10-28-96
Seconded by Councihnember Koppen Ayes - all
Design Approval
j. Mayor Bastian moved to approve the plans (date-stamped September 18, 1996) for
Slumberland, based on the £mdings required by the code. The developer, Larson
Enterprises, shall do the following:
1. Repeat this review in two years if the City has not issued a building
permit for this project.
2. The applicant shall:
a. Cap and seal any wells on site.
b. Remove any septic systems and drain fields.
c. Remove the two existing houses, garages and sheds.
d. Have the four lots combined and recorded with Ramsey County as
one lot.
e. Submit a grading, drainage, utility and erosion control plan to the
City Engineer for approval; erosion control plan shall be
consistent with code requirements; obtain written permission from
the owner of Maplewood Town Center for any grading or Fill that
would occur on their land; and provide the City with a copy of this
agreement.
3. Complete the following before occupying the building:
a. Replace property irons that are removed because of this
construction.
b. Restore and sod damaged boulevards.
c. Install reflectorized stop signs at all exits, ahandicap-parking sign
for each handicap-parking space and an address on the building.
d. Construct a trash dumpster enclosure or additional screening to
hide the trash container(s) if the screening wall does not
adequately hide the containers. (code requirement) Any
additional screening shall be subject to staff approval.
e. Install anautomatic in-ground irrigation system with a rain sensor
for all landscaped areas.
f. Install continuous concrete curbing.
g. Install site security lighting. These lights must be directed away
from the adjacent apartments or shielded or screened to prevent
any light glare nuisances.
4. If any required work is not done, the City may allow temporary occupancy if
a. The City determines that the work is not essential to the public
health, safety or welfare.
b. The City receives a cash escrow or an irrevocable letter of credit
for the required work. The amount shall be 150% of the cost of
the unfinished work.
13 10-28-96
c. The City receives an agreement that will allow the City to
complete any unFinished work.
5. Outdoor storage or sales of materials or goods is not allowed.
6. All work shall follow the approved plans. The Director of Conununity
Development may approve minor changes.
Seconded by Councihnember Koppen Ayes - all
4. 7:40 P.M.(7:47 P.M.): Pleasantview Park Number 3 Revised Preliminary Plat (Crestview
and Lakewood Drives)
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to
develop four lots for houses on a 1.97-acre site around the existing house at 1021
Crestview Drive.
b. Manager McGuire introduced the staff report
c. Director of Community Development Coleman presented the specifics of the report
d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Ralph Tully, Attorney for Dennis Gonyea, Gonyea Development Co.
Dennis Gonyea, Gonyea Development Co., the applicant
Craig Lud, 1011 Crestview Drive
Scott Peterson, 1014 Crestview Drive
Dennis Jensen, 1024 Crestview Drive
William Nemitz, 1069 Crestview Drive
Donald Halverson, 1045 Crestview Drive
Dennis Gonyea, Gonyea Development Company (2nd appearance)
Peter & Wendy Sullivan, 1022 Lakeview Drive
William Nemitz, 1069 Crestview Drive (2nd appearance)
Scott Peterson, 1014 Crestview Drive (2nd appearance)
e. Mayor Bastian closed the public hearing.
g. Mayor Bastian moved to table until the Tuesday, November 12,1996 meeting for the
purpose of•
1) having legal counsel look at how the plan would affect the
valuation of surrounding properties;
2) determining if we have any grounds for looking at how it affects
the character of the neighborhood;
3) looking at the size of the lots which would not be compatible with
the overall neighborhood, the decrease in value of surrounding
properties which would result from the project as it stands.
Seconded by Councihnember Carlson Ayes - all
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Code Change -Billiard Parlors Hours of Operation (Second Reading)
a. Manager McGuire introduced the staff report
b. Councihnember Allenspach introduced the following Ordinance and moved its
14 10-28-96
adoption•
ORDINANCE NO. 763
AMENDING SECTION 6-113 ABOUT THE HOURS OF OPERATION
OF BILLIARD PARLORS AND POOLROOMS
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 6-113 is amended as follows: (underlined additions, crossed out
deletions)
Sec. 6-113. Hours of operation.
Any and all pubficiag devices including pool tables, billiard tables, licensed
hereunder shall not be used between the hours of 1:00 A.M. and 12:00 Noon on
Sundays. The City Council may allow or require different hours of operation as
part of approving a conditional use permit for any business or premiseswith such
devices.
Section 2. This Ordinance shall take effect upon its passage and publication.
Seconded by Councihnember Koppen Ayes - Mayor Bastian, Councihnembers
Allenspach, Carlson, Koppen
Nays - Councihnember Rossbach
J. NEW BUSINESS
L I-94 Noise Wall Request
a. Manager McGuire introduced the staff report
b. Director of Public Works Haider presented the specifics of the report
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following were heard:
Fred McCormick, 230 Crestview Drive
Lynn Stanger, 235 Crestview Drive
John Blumer, 175 Crestview Drive
d. Council recommended that the City keep in contact with MnDOT and put this on the
agenda to tallcwith legislature about trunkhighway and interstate highway plans and
what they can do when plans come up.
2. Gervais Avenue, Kennard -Barclay, Project 96-02, Feasibility Study
a. Manager McGuire introduced the staff report
b. Director of Public Works Haider presented the specifics of the report
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
d. Councihnember Carlson introduced the following Resolution and moved its adoption:
96-10-127
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the Council adopted September 23, 1996, a
report has been prepared by the City Engineering Division with reference to the
improvement of Gervais Avenue between Barclay Street and Kennard Street, City Project
96-02, and this report was received by the Council on October 28, 1996, and
WHEREAS, the report provides information regarding whether the proposed project
15 10-28-96
is necessary, cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
1. The Council will consider the improvement of said street in accordancewith
the report and the assessment of abutting property for all or a portion ofthe
cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an
estimated total cost of the improvement of $633,640.
2. A public hearing will be held on such proposed improvement on the 25th
day of November, 1996, in the Council Chambers of the City Hall at 7:00
P.M. and the Clerk shall give mailed and published notice of such hearing
and improvement as required by law.
Seconded by Councihnember Koppen Ayes - all
3. Driveway Ordinance Request - 2345 Maryland
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following were heard:
John Wykoff, 2345 Maryland
Al Johnson, 2335 Maryland
d. Mayor Bastian moved to table this item to the November 25th Council Meeting and
refer the residents to the Dispute Resolution Center (Manager McGuire will assist
them with obtaining the needed information).
Seconded by Councihnember Carlson Ayes - all
4. Maplewood Mall Directional Signs Approval
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was heard:
Bob Sherlock, Signart Co.
d. Councihnember Koppen moved to approve the directional signs for the Maplewood
Mall as shown on the plans date-stamped October 1, 1996, because:
1 the signs are attractive and would help to alleviate traffic congestion;
2 the size and number of signs proposed are modest in relation to the size
of the mall and mall property;
3) the applicant should consider adding duplicate directional signage on
the opposite sides of these signs.
Seconded by Councihnember Carlson Ayes - all
5. Condition Change -Edgerton School Conditional Use Permit (1929 Edgerton Street)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was heard:
16 10-28-96
Dick Daniels, RSP Architects
d. Councilmember Koppen moved to delete the condition requiring staff to explore
opportunities for berming on the northease corner of the school site and parizmg area.
Seconded by Councilmember Carlson Ayes - all
6. Community Center Quarterly Report
a. Manager McGuire introduced the staff report.
b. Director of Finance Faust presented the specifics of the report.
c. Councilmember Rossbach moved to accept the Community Center Quarterly
Financial Report.
Seconded by Councilmember Carlson Ayes - all
7. Charitable Gambling Request
a. Debbie Bowman presented a request for Charitable Gambling Funds for the
Maplewood Police Reserves and Cadets.
b. Councilmember Carlson moved to donate $5,000 from the Charitable Gambling Fand
to the Maplewood Police Reserves and Cadets, with preference to Maplewood
residents.
Seconded by Councilmember Koppen Ayes - all
8. Chief Agreement
a. Councilmember Rossbach moved to expunge the prior agreementwith Chief Collins.
Seconded by Councilmember Allenspach Ayes - all
9. Application for Cancellation of Ambulance Bill - J. Lassard
a. Councilmember Carlson moved to approve cancellation and that Council look into
establishing eligibility standards for waivers in the future.
Seconded by Mayor Bastian Ayes - all
K. IS VISITOR PRESENTATIONS
1. Chris Benton, 1497 Ripley Avenue
a. Mr. Benton presented a petition signed by area residents for a stop sign to replace the
current "Yield" sign at the corner of Ripley and Barclay Avenues.
L. COUNCIL PRESENTATIONS
1. Mayor's Update
17 10-28-96
a. Mayor Bastian commented on the Red Ribbon Campaign and Parade, the good
turnout, and that one of Maplewood's floats received an award.
b. Mayor Bastian stated there is a Partnership meeting next Tuesday, and that the
meetings will be held in Oakdale next year.
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT OF MEETING
10:29 P.M.
Karen Guilfoile, City Clerk
18 10-28-96