Loading...
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