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HomeMy WebLinkAbout09-28-92 MINUTES OF MAPLEWOOD CITY COUNCIL 6:00 P.M., Monday, September 28, 1992 Council Chambers, Municipal Building Meeting No. 92-18 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 6:02 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present G. PUBLIC HEARINGS 1. 6:00 P.M., Continuation of Proposed Community Center Project: a. Mayor Bastian convened the meeting for continuation of the public hearing of September 14 regarding the proposed community center. b. Manager McGuire presented the staff report. c. City Attorney Kelly explained the procedure for public hearings. d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Gary Wicklander, 1884 County Road B Leona Wicklander, 2134 White Bear Ave. Tad Wicklander, 2134 White Bear Ave... Rita Brenner, Upper Afton Road Mel Fontaine, 2058 Duluth Mark Terry, 1478 Garvais Carol Aubin, 2328 Standridge Bob Lemb, 718 Belmont Lane Rick Brandon, 1622 E. County Road C - Clayton Qualley, 2089 Beam Avenue Bonnie Qualley, 2089 Beam Avenue Resident (Evans), 1724 E. County Road C Bob Larson, 1998 Ripley Avenue Jerry Johnson, 2445 Londin Lane Don Weigart, 2119 Duluth Tom Ginzel (Community Center Board) Jim Molley (Community Center Advisory Committee Chairman) Ed Vitek, 2587 Upper Afton Road e. Council recessed the hearing to resume the Agenda. 1 9-28-92 D. APPROVAL OF MINUTES: 1. Minutes of Council/Manager Meeting September 30, 1992 Councilmember Zappa moved to approve the minutes of Council/Manager of September 10. 1992 as presented/corrected. Seconded by Councilmember Rossbach Ayes - all 2. Minutes of Meeting 92-17 (September 14, 1992) Councilmember Zappa moved to table the minutes of Meeting No. 92-17 (September 14. 1992) until the October 12 meeting. Seconded by Councilmember Juker Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to anorove the Agenda as amended. L1. Cashing Checks L2. 1740 Van Dyke - Used Car Lot L3. Portable Signs L4. Real Estate - Parade of Homes and Campaign Signs L5. Cable TV L6. Zoning Property North of D.O.T. Building Seconded by Councilmember Rossbach Ayes- all Mayor Bastian moved to continue discussion of the Proposed Community Center until completed. Seconded by Councilmember Rossbach Ayes - all f. Mayor Bastian reopened the public hearing. Carolyn Peterson, 1999 Jackson Don Misgen, 1347 Price Mary Morton, Carver Avenue Gary Gerke, 1252 Cope Avenue Bob Casura, 1936 Ripley Sara Lynch, 449 Sterling _ Lori Tauer, 467 Sterling Peter Frank, 1921 Price Ed O'Mara, 1786 Maryknoll Kevin Berglund, 1929 Kingston Cathy Tollefson, 2587 Pond Les Axdahl, 2209 Payne Avenue Council recessed the hearing and reconvened at 8:58 P.M. Bill Morris, Decision Resources Ed Vitek, 2587 Upper Afton Road Emil Sturnegger, 2455 Londin Lane Chuck Pearson, 1495 E. County Road C Kevin Berglund, 1929 Kingston Marie Weist, 1958 Maryknoll Christine Stone, 2727 Hazelwood Margery Border, 2142 Barclay Don Weigert, 2119 Duluth 2 9-28-92 g. Mayor Bastian closed the public hearing. h. Director of finance Faust explained what types of bonds would be used to finance the Community Center. i. Councilmember Rossbach moved to proceed with the construction of the Community Center and direct the Mayor and the City Manager to enter into an agreement with the architectural firm of Ankeny. Kell. and Richter for the design development in accordance with the previously negotiated fee structure. Seconded by Councilmember Carlson j. Councilmember Zappa moved to table a decision on the Community Center until January. 1994. Seconded by Councilmember Juker Ayes - Councilmembers Juker, Zappa Nays - Mayor Bastian, Councilmembers Carlson, Rossbach k. Vote taken on original motion: Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach Nays - Councilmembers Juker, Zappa Councilmember Zappa moved to complete the Agenda tonight. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Rossbach, Zappa Nays - Councilmembers Carlson, Juker F. CONSENT AGENDA: Councilmember Zappa moved, seconded by Councilmember Carlson: ayes - all, to approve the consent agenda items 1 thru 6 as recommended. 1. Approval of Claims. Approved the following claims: _ ACCOUNTS PAYABLE: S 840,883.54 Checks #23526 - #23631 Dated 8-27-92 thru 9-17-92 3 120.527.84 Checks #18436 - #18536 Dated 9-28-92 S 961,411.38 Total per attached voucher/check register PAYROLL: S 199,952.92 Payroll Checks #28400 thru #28560 Dated 9-11-92 S 42.235.93. Payroll Deduction Checks #28565 thru #28582 dated 9-11-92 S 242,188.85. Total Payroll X1,203,600.23- GRAND TOTAL 3 9-28-92 2. Financial Transfers to Close Rejected Improvement Projects Approved transfers totaling 5173,896.25 from the General Fund to eliminate cash deficits and close funds for improvement projects rejected by the City Council as follows: 590,767.37 Project 85-08, Edgerton/Roselawn Storm Sewer 51,415.74 Project 88-09, Carey Heights Drive 17,373.28 Project 90-12, Harvester Storm Sewer. 11,165.95 Project 90-13, Duluth-English Storm Sewer 3,173.81 Project 92-13, Hazelwood, County Road C - Beam 3. Lot Division Time Extension: 1230 E. Sterling St. (Ski Jump) Approved a time extension until January 1, 1993 for the lot division at 1230 South Sterling Street. 4. Conditional Use Permit Review: 1255 Cope Avenue. (Northern Hydraulics) Reviewed and renewed for one year the conditional use permit at 1255 Cope Avenue, allowing a commercial building within 350 feet of a residential district. 5. Shoreland Ordinance Grant 92 - 09 - 122 STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES SHORELAND GRANT APPLICATION WHEREAS, the State, as provided by Minnesota Statutes 103F.201-221 and Minnesota Rules parts 6120.2500 through 6120.3900 pertaining to Statewide Standards for "Management of Shoreland Areas";. and WHEREAS, the State is authorized by the Laws of 1992, Chapter 254, Section 5, Subd. 3 to provide grant assistance for Cities to adopt a shoreland management ordinance consistent with statewide standards. NOW, THEREFORE, subject to available funding, it is hereby requested by the City of Maplewood that an agreement be entered into by the State of Minnesota, acting by and through the Commissioner of Natural Resources and the City of Maplewood, to provide grant money assistance up to $5,000.00 matching fund dollars, for the purposes of adopting a shoreland management ordinance consistent with statewide standards. 6. Authorization to Place Sewer Connection Costs on Taxes: 2240 Hazelwood 92 - 09 - 123 CERTIFYING SEWER INSTALLATION COSTS TO PROPERTY TAXES WHEREAS, pursuant to MN Statutes §444.075 and Maplewood Code of Ordinances Section 35-23, the City of Maplewood has authority to charge for connections to sanitary sewer services and has the authority to allow installment payments for such connection charges; and WHEREAS, Judy D. Baier, who resides at 2240 Hazelwood Avenue, Maplewood, has requested to connect to the sanitary sewer on Hazelwood Avenue; and 4 9-28-92 WHEREAS, connection to the sanitary sewer is necessary; and WHEREAS, Judy D. Baier has represented to the City of Maplewood that there is financial hardship and is unable to pay for the cash connection charge, the connection charge itself and the Sewer Access Charge. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL, that: The City Clerk shall certify to the Ramsey County Auditor the amount of 57,650.00 to cover the cost of cash connection charge. (52,625.00); connection charge (54,400.00) and Sewer Access Charge (5700.00); and also shall forward to the Ramsey County Auditor the Property Identification Number and Legal Description of Judy D. Baier's property, which is: P.I.N. 10-29-22-43-0048-5 SMITH AND TAYLOR'S ADDITION TO N0. ST. PAUL W 225 FT OF LOTS 1 AND 2, BLOCK 9 Such Connection charge shall be collected with eight percent interest with the property taxes beginning in 1993 and each subsequent year until 1996. G. PUBLIC HEARINGS 2. 7:00 P. M. (10:25 P.M.), County Road C, T.H.61 - Hazelwood, Project 89-04 (4 Votes) a. Mayor Bastian convened the meeting for a public hearing regarding construction of street, curb and gutter, storm sewer, sidewalk, utility modifications and a bridge. b. Manager McGuire presented the staff report. c. City Attorney Kelly explained the procedure for public hearings. d. Director of Public Works Haider presented the specifics of the report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Rick Sorenson, 1215 E. County Road C Gary Olson, Area Resident Pat Priem, 1260 E. County Road C f. Mayor Bastian closed the public hearing. g. Councilmember Zappa moved to order the oro.iect. Motion died for lack of a second. h. Councilmember Carlson moved to approve Dro.iect parking on one side and eliminate the sidewalk. Motion died for tack of a second. i. Councilmember Rossbach introduced the following Resolution and moved its adoption: 5 9-28-92 92 - 09 - 124 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, after due notice of public hearing on the construction of bituminous street, concrete curb and gutter, storm sewer, sidewalk, utility modifications, and bridge on County Road C from TH 61 to Hazelwood Street, City Project 89-04, a hearing on said improvement in accordance with the notice duly given was duly held on Monday, September 28, 1992, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct bituminous street, concrete curb and gutter, storm sewer, sidewalk, utility modifications, and bridge on County Road C from TH 61 to Hazelwood Street, City Project 89- 04, as described in the notice of hearing thereof, and orders the same to be made. 2. The Mayor is authorized to execute cooperative agreements with Ramsey County and Minnesota Department of Transportation to implement this project. 3. The project budget is amended to E571,000. The project financing shall be as follows: Special Assessments x150,250 Off-system MSA Transfer 297,750 General Obligation 123.000 TOTAL x571,000 Seconded by Councilmember Zappa 'Ayes - `all 3. ,8:00 P.M. (11:13 P.M.), Conditional Use Permit: Highway 61 (Carnival Play Systems) a. Mayor Bastian convened the meeting for a public hearing regarding a Conditional Use Permit to sell swingsets and backyard play equipment outdoors and a variance from the requirement for a lawn irrigation system. b. Manager McGuire presented the staff report. c. Director of Community Development presented the specifics of the report. d. Chairman Axdahl presented the Planning Commission report. Councilmember Juker excused herself from the meeting at 11:15 P. M. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: The applicant f. Mayor Bastian closed the public hearing. g. Councilmember Zappa introduced the following Resolution and moved its adontion• 6 9-28-92 92 - 09 - 125 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Carnival Play Systems, Inc. applied for a conditional use permit to display and sell swingsets and backyard play equipment outdoors. WHEREAS, this permit applies to a part of a property about 600 feet north of 2990 Highway 61. The legal description is: Registered Land Survey No. 262, Tract C WHEREAS, the history of this conditional use permit is as follows: 1. The Planning Commission discussed this application on August 17, 1992. They recommended that the City Council approve this permit. 2. The City Council held a public hearing on September 28, 1992. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described Conditional Use Permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and a Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run- off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be -served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 7 9-28-92 Approval is subject to the following conditions: 1. All construction shall follow the site plan that the City stamped July 17, 1992. The Director of Community Development may approve minor changes. 2. The City Council shall review this permit in one year. 3. The operator shall have a telephone on the site for emergencies. 4. If there is not enough parking, the operator or property owner shall provide more paved parking spaces. 5. The operator shall not allow parking on Highway 61. 6. The operator shall keep the weeds and tall grass cut along the front property line. 7. The operator shall provide toilet facilities for employees during business hours. 8. This Conditional Use Permit will sunset in 5 years. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa (Councilmember Juker Absent) h. Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 09 - 126 ZONING VARIANCE RESOLUTION WHEREAS, Carnival Play Systems, Inc. applied for a variance from the zoning ordinance for a part of a property that is about 600 feet North of 2990 Highway 61. The legal description is: Registered Land Survey No. 262, Tract C WHEREAS, Section 36-28 (c)(9) of the Maplewood Code of Ordinances requires an in-ground lawn irrigation system for all commercial development. WHEREAS, the applicant is proposing to not install such a system. WHEREAS, the history of this variance is as follows: - 1. This variance was reviewed by the Community Design Review Board August 11, 1992. They recommended that the City Council approve the variance. 2. The City Council held a public hearing on September 28, 1992. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. 8 9-28-92 NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described variance for the following reasons: 1. Strict enforcement of the Code would cause the applicant undue hardship, because: a. The City is not providing this property with public water service. b. Constructing a water main would be extremely expensive. 2. The lack of water main is a circumstance unique to the .property, not created by the applicant. _ 3. If the operator hand-waters the landscaping, the variance would meet the spirit and intent of the ordinance. a. The operator hand-watering the landscaping. b. The property owner installing a lawn irrigation system when the City installs a water main to this property. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa (Councilmember Juker Absent) i. Councilmember Zappa moved to approve the site plan, as shown on oage 8 of the August 24. 1992 staff report, with the following conditions: The applicant shall: 1. Repeat this review in twg years if the City has not issued a building permit for this project or if the use has not been started. 2. Add paved parking spaces if a parking shortage develops. The applicant must submit the plan for additional parking to staff for approval. 3. Install site-security lights. 4. Submit a landscape plan to staff for approval. This plan shall show as much landscaping as Backyard Building Systems planted. 5. Stripe the parking spaces. 6. Submit the building elevations of the storage shed to staff .for approval. 7. Mow the tall weeds along the front lot line. 8. Get a conditional use permit for outdoor displays and sales and a variance from the lawn sprinkling requirement. 9. Submit a cash escrow or an irrevocable letter of credit tg the City for any required work that is not completed by occupancy. The required escrow amount shall be 150% of the cost of the unfinished work. The City must receive an agreement, signed by the property owner, that will allow the City to complete any unfinished work. 9 9-28-92 10. Install a top rail on the chain link fence. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa (Councilmember Juker Absent) 4. 8:15 P. M. (11:20 P.M.), House Moving: County Road C (Thone Builders) a. Mayor Bastian convened the meeting for a public hearing regarding a request to move a house and one-car garage from 2847 White Bear Avenue to a lot on County Road C West of 2621 Ariel Street. b. Manager McGuire presented the staff report. c. Director of Community Development Olson 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. f. Councilmember Zappa moved aQproval of the relocation of the house at 2847 White Bear Avenue to the lot West of 2621 Ariel Street. sub.iect to Thone Builders and Development. doing the following: 1. Submit an irrevocable letter of credit or cash escrow for 1-1/2 times the estimated cost of completing the construction. The applicant shall complete the work within 90 days of the City issuing the permit. The construction shall meet the Building Code requirements. 2. Sign an agreement to convey title. This agreement shall give the City the right to take possession of the house and property if the required work is not completed within 90 days after the City issues the moving permit. This agreement would allow the City the right to complete the construction required by Code or demolish and remove the structure. The City attorney shall draft this agreement. 3. After the move, regrade and sod the disturbed parts of 2847 White Bear Avenue. Remove the fence from 2847 White Bear Avenue. 4. Verify the lot lines with survey pins. 5. Restore exterior stucco. 6. Repaint all siding and trim. 7. Move the house and garage between the hours of 3:00 and 6:00 a.m. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa (Councilmember Juker Absent) 10 9-28-92 5. 8:30 P. M. (11:30 P.M.), 2696 Hazelwood Avenue. (First Evangelical free Church) Conditional Use Permit Revision - Design Review a. Mayor Bastian convened the meeting for a public hearing to review the Conditional Use Permit for the planned unit development at 2696-2730 Hazelwood Avenue for a church, day care center and senior citizen housing project. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Board Member Mike Holder presented the Community Design Review Board report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: John Gregerson, Member of the Church Resident (Youngren) of 2682 Germain Court Phil Johnson, Dennis Batty & Associates Inc:, Architects f. Mayor Bastian closed the public hearing. g. Councilmember Carlson moved to table this item until the October 12 1992 meetinn. Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa (Councilmember Juker Absent) Councilmember Carlson excused himself from the meeting at 12:20 A.M. 6. 8:45 P. M. (12:20 A.M.), 743 N. Century Ave. (Holiday Station Store) a. Mayor Bastian convened the meeting for a public hearing regarding expansion of the fuel station at 743 N. Century Avenue as a Holiday Station Store. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the'specifics of the report. d. Mayor Bastian opened the public hearing, calling- for proponents or opponents. The following person was heard: Ray Muckala, the applicant e. Mayor Bastian closed the public hearing: Conditional Use Permit f. Councilmember Rossbach introduced the following Resolution and moved its adoption: 11 9-28-92 92 - 09 - 127 CONDITIONAL USE PERMIT RESOLUTION , WHEREAS, Ray Muckala applied fora conditional use permit to enlarge his fuel station. WHEREAS, this permit applies to 743 North Century Avenue. The legal description is: Subject to ditch, Lots 15, 16 and 17, Block 1, Cahanes Addition WHEREAS, the history of this conditional use permit is as follows: 1. The Community Design Review Board discussed this application on September 8, 1992. They recommended that the City Council approve this permit. 2. The City Council held a public hearing on September 28, 1992. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council _ gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and the Community Design Review Board. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process,- materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run- off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 12 9-28-92 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the City stamped August 25, 1992. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially .started within one year after the Council approves this permit or it shall become null and void. The Council may grant up to one one-year extension of the permit. 3. The City Council shall review this permit in one year.' Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmember Rossbach Nays - Councilmember Zappa Design Review ` g. Councilmember Rossbach moved to aoorove the plans that the Citv has stamped August 25. 1992 for the changes to the motor fuel station at 743 North Century Avenue with the conditions that the owner shall: 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. Install reflectorized stop signs at all exits and a handicap parking sign. 3. Post "no-parking" signs in front of the building between the attendant and the fuel islands. 4. Submit a cash escrow or an irrevocable letter of credit to the City for any required work that is not completed by occupancy. The required escrow amount shall be 150% of the cost of the unfinished work. The property owner shall give City staff an agreement that will allow the City to complete any unfinished work. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmember Rossbach. Nays - Councilmember Zappa 7. 9:00 P. M., Single and Double Dwelling Setback Ordinance (1st Reading) Council tabled this item until the October 12, 1992 meeting. 13 9-28-92 H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Building Plan Review Procedure Ordinance (1st Reading): Council tabled to October 12, 1992 2. Assessment Objections: Projects 86-27; 87-01; 88-12; and 90-14 a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to adoot the staff recommendations as follows: Proiect 86-27 500 Kingston Ave. E. 17-29-22-34-0041 Approved - drainage does not go to project. 528 Kingston Ave. E. 17-29-22-34-0040 Approved - drainage does not go to project. 1686 Arkwright 17-29-22-33-0036 Denied Proiect 87-01 1908 Rice Street 18-29-22-32-0021 Denied 1870 Rice Street: 18-29-22-32-0025 Denied Proiect 88-12 2957 Frank Street 04-29-22-13-0030. Denied 1201 Frank Court 04-29-22-13-0016 Denied 2987 Frank Street 04-29-22-13-0034 Denied 2933 Frank Street 04-29-22-13-0027 Denied 2999 Carey Heights Drive 04-29-22-13-0042 Denied- 2964 Carey Heights Drive 04-29-22-13-0012 Denied 2993 Carey Heights Drive 04-29-22-13-0041 Denied 14 ^-28-92 2994 Carey Heights Drive 04-29-22-13-0007 Denied 2990 Carey Heights Drive 04-29-22-13-0008 Denied 2925 Frank Street 04-29-22-13-0026 Denied 2989 Carey Heights Drive 04-29-22-13-0040 Denied 2984 Carey Heights Drive 04-29-22-13-0009 Denied Pro3ect 90-14 1152 County Road B E 09-29-22-43-0024 Reduce from 4 to 3 storm sewer units due to proximity of petroleum pipeline. Vacant Lot - Lealand & Duluth 09-29-22-43-0028 Denied. Issue of City ownership of property to be addressed at a later date. 2233 Duluth Street 09-29-22-43-0004 Reduce from 2 to 1 storm sewer units due to location of house. 1143 County Road B E 09-29-22-43-0007 Denied. Although house is in the middle of the lot, it may well be reasonable to remove it and build two new structures in the future. 2160 Day Road 09-29-22-43-0034 Denied 1237 Lealand Road 09-29-22-44-0076 Denied 1258 E. County Road B 09-29-22-44-0071 Denied 1247 Lealand Road 09-29-22-44-0068 Denied 1160 Lealand Road 09-29-22-43-0031 Denied 1255 E. Junction Avenue 09-29-22-44-0111 Denied 1180 Highway 36 E 09-29-22-42-0009 Denied Seconded by Councilmember Rossbach Ayes - all (3) 15 9-28-92 3. full Time Police Officer a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to approve hirino a Full-Time Police Officer as budgeted. Seconded by Councilmember Rossbach Ayes - all (3) J. NEW BUSINESS 1. Resident Request - No Parking on McKnight a. Manager McGuire presented the staff report.. b. Mayor Bastian asked if anyone wished to speak before. the Council regarding this matter. The following was heard: Michael Trost, the applicant c. Councilmember Zappa moved to table this item.... Motion died for lack of a second. d. Councilmember Rossbach moved to arohibit narking on the north side of Reanev. and that Council will review narking on the south side in June of 1993. Seconded by Councilmember Zappa Ayes - all (3) 2. Parking Design Approval and Site Plan Change -.Maplewood Ma11 a. Manager McGuire presented the staff report. b. Director of Community Development Olson 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: James Selanec, Corporate Property Investors d. Councilmember Zappa moved the following: 1. Approve the use of nine-foot-wide parking spaces at a 75-degree angle for the Maplewood Mall because: a. The Mall is currently striped with nine-foot-wide stalls; b. There is not enough room for additional parking without building a parking ramp. This approval is subject to the condition that the City may reconsider the parking lot design when the Mall next proposes to expand the Center. If the design is found to be inconsistent with good engineering standards fora regional shopping center, modifications may be requested at that time. the City may require that the Mall restripe their parking to ten-foot-wide stalls when the Mall proposes to build parking ramps. 16 9-28-92 2. Approve the site plan that the City has stamped August 3, 1992 for the Penney's addition and Mall parking lot. Approval is subject to the applicant doing the following: a. Repeat this review after two years if the City has not issued a building permit for this project. b. Restore and sod the boulevard along Southlawn Drive if damaged by the construction. c. Provide reflectorized stop signs at all exits and a handicap-parking sign for each handicap-parking space. d. Submit a grading, drainage, utility and erosion control plan to the City Engineer for approval. e. Install an in-ground lawn irrigation .system for all new landscaped areas. f. Submit architectural plans for J.C.Penney's. g. Meet all requirements of the Fire Marshal for fire lanes... h. Submit cash escrow or an irrevocable letter of credit to the City for any required work not completed by occupancy. The amount of escrow required shall be 150% of the cost of the unfinished work. The City must approve an agreement from Corporate Property Investors granting the City permission to complete any unfinished work. i. This action does not include approval of future parking decks or building. Seconded by Councilmember Rossbach Ayes - all (3) 3. Tax Exempt financing - HealthEast a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to denv the request. Motion died for lack of a second. c. Councilmember Rossbach introduced the following Resolution and moved its adoption. 92 - 09 - 128 RESOLUTION AMENDING PRELIMINARY APPROVAL FOR A REFINANCING PROJECT AND RATIFYING THE ACTIONS TAKEN BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA ON BEHALF OF THE CITY OF MAPLEWOOD (SEE ATTACHED) 17 9-28-92 R880LIITION l10.- 9~'~ 8 RESOLIITION AMENDING PRELIMINARY APPROVAL FOR A REFINANCING PROJECT AND RATIFYING THE ACTIONS TAKEN BY TH8 HOIIBING AND REDEVELOPMENT AIITHORITY OF THE CITY OF SAINT PAIIL, MINNESOTA ON BEHALF OF TSE CITY OF MAPLEWOOD (HealthEast Obligated Group Project] It is hereby found, determined and declared: WHEREAS, the City of Maplewood, Minnesota (the "City") and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA") are authorized by Minnesota Statutes, Sections 469.152 through 469.1651, the Municipal Industrial Development Act, (the "Act") to issue health care facility revenue bonds to finance properties, real or personal, whether or not now in existence, used or useful in connection with a revenue-producing enterprise, whether or not operated for profit, engaged in providing health care services and to refund revenue bonds previously issued by the HRA for such purposes; and WHEREAS,'on'July 13, 1992 the City Council of the City (the "Council"), acting at the request of HealthEast, a Minnesota nonprofit corporation (both HealthEast or any affiliate thereof shall hereafter be referred as the "Borrower"), passed a resolution entitled Resolution Reciting a Proposal for a Refinancing Project and Giving Approval to the Project pursuant to the Minnesota Municipal Industrial Development Act (the "Preliminary Resolution"); and WHEREAS, pursuant to the Preliminary Resolution, the Council gave its preliminary approval to the Borrower's proposal that the City and the HRA enter into a consent agreement (the "Consent Agreement") under the Act pursuant to which the HRA would issue health care facility revenue bonds (the "Bonds") to refund certain revenue bonds (the "Prior Bonds") previously issued by the HRA and to (i) finance the acquisition, construction and installation of hospital and related health care facilities, including land, building improvements and equipment and other movable personal property acquired and to be acquired by the Borrower or wholly- owned subsidiary or affiliate of the Borrower and located at or used in connection with existing facilities maintained by the Borrower or a subsidiary or affiliate of the Borrower in the Cities of Maplewood and Saint Paul and (ii) to pay expenses incurred in the issuance of the Bonds; and zzszve 7/ WHEREAS, pursuant to the Preliminary Resolution, the Council gave preliminary approval to the Borrower's proposal that the HRA issue the Bonds in the total maximum aggregate principal amount of approximately $111,000,000; and the Council also gave preliminary approval to the Borrower's proposal that the Borrower enter into a revenue agreement (the "Revenue Agreement") with the HRA pursuant to which the Borrower will be obligated to make payments at the times and in the amounts sufficient to provide for the prompt payment of the principal of, premium, if any, and interest on the Bonds and all costs and expenses of the City and the HRA incident to the issuance and sale of the Bonds; and WHEREAS, the City, the HRA and the Borrower have agreed to increase the total maximum aggregate principal amount of the Bonds from approximately $111,000,000 to approximately $150,000,000; and use no more than $12,000,000 of the proceeds from the sale of the Bonds to finance the acquisition and construction of improvements and equipment for health care facilities located in the Cities, and the remainder of the proceeds of the sale of the Bonds shall be used to refund the Prior Bonds, said combined financing purpose being herein called the "Project"; and WHEREAS, the undertaking of the Project and the issuance of the Bonds to finance the cost thereof will further promote the public purposes and legislative objectives of the Act by providing substantial inducement for the continuation of the Borrower's health care operations in Maplewood and Saint Paul; and WHEREAS, neither the full faith and credit of the Cities, nor the full faith and credit of the HRA will .be pledged or responsible for the Project or for the payment of the principal of, premium, if any, and interest on the Bonds; and WHEREAS, the HRA in order to satisfy the requirements of Section 147 (f) of the Internal Revenue Code of 1986, as amended, published a Notice of Hearing, a copy of which with proof of publication is on file in the offices of the City of Saint Paul Department of Planning and Economic Development, of the public hearing on the Borrower's proposal that the HRA, acting pursuant to the Consent Agreement, undertake the Project and the HRA did conduct a public hearing pursuant to said Notice on September 22, 1992 at which public hearing all persons appeared at the hearing were given an opportunity to express their views with respect to the Borrower's proposal which notice, publication and hearing are hereby in all respects ratified; and WHEREAS, at its meeting on September 22, 1992, the HRA adopted a resolution (the "Bond Resolution") authorizing issuance of the Bonds; zzszsa 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota as follows: L Subject to the provisions in paragraph 3 below, the Council hereby approves the Borrower's proposal that the HRA, acting pursuant to "the Bond Resolution and the Consent Agreement, issue the Bonds in one or more series pursuant to the Act in the total maximum aggregate principal amount of approximately $150,000,000 in order to finance the Project, and enter into the Revenue Agreement upon such terms and conditions; with provisions for revision from time to time as necessary, so as to obligate the Borrower to make payments at the times and in the amounts sufficient to produce income and revenues sufficient to pay, when due, the principal of and interest on the Bonds. 2: The Council hereby ratifies the actions taken by the HRA in publishing the Notice of Hearing and conducting the public hearing on the Borrower's Bond Resolution and the Proposal and the issuance of the Bonds pursuant to the Consent Agreement on behalf of both the HRA and the City. 3. In order to satisfy the requirements of Minnesota Law with respect to that portion of the proceeds from the sale of the Bonds which will be used to finance the construction of improvements or equipment for health care facilities located in the City of Maplewood (and not to refund the Prior Bonds), the Council ratifies the actions taken by the Council staff, with the assistance of Briggs and Morgan, Professional Association, Bond Counsel to the City, in publishing a Notice of Hearing for a public hearing on the Project; 4. The Mayor and Clerk of the City of Maplewood are hereby authorized and directed to enter into and execute on behalf of the City an amended Consent Agreement for the Project in substantially the form presented at this meeting. 5 This Resolution shall 'repeal and supersede the Preliminary Resolution. Adopted by the City Council of the City of `Maplewood, Minnesota this 28th day of September, 1992. 225296 3 ~7c HealthEast AMENDED CONSENT AGREEMENT FOR THE ISSUANCE OF REVENUE BONDS FOR THE BENEFIT OF HEALTHEAST THIS AGREEMENT is entered into as of the day of by and between The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, (the "HRA"), a body corporate and politic organized under the laws of the State of Minnesota, and the City of Maplewood, Minnesota (the "City"), a municipal corporation organized under the laws of the State of Minnesota. 1. Statement of Puroose and Powers to be Exercised. Under the enactment by the Minnesota Legislature of Chapter 469.152-1651 of the Minnesota Statutes, which is cited as the "Municipal Industrial Development Act" (the "Act"), the HRA and the City are each authorized to issue revenue bonds, to make all contracts necessary or convenient in the exercise of the powers granted to it under the Act and to enter into intergovern- mental agreements relating to, among other things, the financing of projects under the Act. In accordance with the Act, HealthEast (the "Borrower"), on behalf of itself and other members of the Obligated Group has proposed that the HRA and the City enter into a consent agreement under the Act pursuant to which the HRA would issue revenue bonds zuns /7 L ' (the "Revenue Bonds") to (i) finance and refund certain revenue bonds (the "Prior Bonds") previously issued by the HRA to finance, the acquisition and installation of hospital and related health care facilities, including land, buildings, improvements and equipment and other movable personal property acquired or to be acquired by Borrower or a_subsidiary or affiliate of Borrower and located at, or used in connection with, existing facilities maintained by Borrower or a subsidiary or affiliate of Borrower in the City of Saint Paul or the City of Maplewood, and (ii) to pay related issuance expenses (collectively the "Project"). The undertaking of the Project and the issuance of the Revenue Bonds for that purpose is authorized by the Act and will further promote the public purposes and legislative objectives of the Act by providing substantial inducement for the continuation and improvement of the health care operations of the Borrower and affiliates thereof in the Cities of South St. Paul, St. Paul and Maplewood. The powers to be exercised by the HRA under this Agreement are those identical powers conferred upon the City of Maplewood in the Act and in particular the power of the HRA to issue the Revenue Bonds to finance the Refinancing Project. 2. Method by Achieving Puroose: Manner of Exercising ower. The HRA and the City Council of the City of Maplewood have each adopted a resolution approving the proposal and authorizing the issuance of the Revenue Bonds by the HRA pursuant to this Agreement, in an amount not to exceed approximately uses 2 /7 L $150,000,000 to finance the Project. The HRA shall exercise the powers of the Act by adopting, approving and executing such resolutions, documents, and agreements (including the Snterlocal Agreement) as shall be necessary or convenient to issue and sell the Revenue Sonds and such other resolutions, documents and agreements as shall be necessary or required in connection with the loan of the proceeds of the Revenue Bonds and the giving effect to or carrying out the provisions of the agreements and other documents under which the Revenue Bonds are issued and/or secured. Said Revenue Bonds shall not be deemed issued on behalf of the City of Maplewood, and accordingly the HRA shall be solely responsible for the issuance of the Revenue Bonds as herein provided and may take such action as it deems appropriate for such purpose without further action being taken by the City of Maplewood. 3. Source and Contribution of Funds: Allocation of Funds. The source of funds to finance the Refinancing Project shall be the proceeds of the Revenue Bonds, and, if necessary, a contribution to be made by the Borrower. These funds shall be allocated towards the refunding of revenue bonds previously issued by the HRA to finance hospital and related healthcare facilities located in the Cities in a manner consistent with the Notice of Hearing attached hereto as Exhibit A. 4. Nature of Revenue Bonds. The Revenue Bonds shall be special, limited obligations of the HRA payable solely from proceeds, revenues and other amounts pledged thereto and more usm 3 ~7 ` fully described in the agreement or agreements under which the Revenue Bonds are issued (the "Bond Documents"). The Revenue Bonds and the interest thereon shall neither constitute nor give rise to a pecuniary liability, general or moral obligation or a pledge of the full faith or loan of credit of the HRA, the City of Saint Paul or the City of Maplewood, within the meaning of any Constitutional or statutory provisions. 5. Term of Agreement; Termination. Unless otherwise provided by concurrent action of the HRA and the City of Maplewood, this Agreement shall terminate upon the retirement or defeasance of the last outstanding Revenue Bond, and this Agreement may not be terminated in advance of such retirement or defeasance. 6. Amendments. This Agreement may be amended by the HRA and the City of Maplewood at any time. No amendment may impair the rights of the holders of the Revenue Bonds, unless such amendment is made in the manner provided for such amendment in the Bond Documents. 7. New Monev Proiects in Maplewood. Bond proceeds may not be used to finance improvements to or equipment for health care facilities in the City of Maplewood (other than to refund Prior Bonds issued for such purpose) until the requirements of the Act with respect to such new money projects have been fully satisfied. IN WITNESS WHEREOF, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, has caused this ttszss 4 i7~ Agreement to be executed on its behalf by its Chairman (or Vice- Chairman), Secretary, Executive Director and Director of Finance and Management Services; and the City of Maplewood, Minnesota, has caused this Agreement to be executed on its behalf by its Mayor and duly attested by its City Clerk; all as of the day and year first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA By Its Chair By Its Secretary By Its Director of Finance and Management Services Approved as to Form: Assistant City Attorney Amended Consent Agreement for the issuance of Revenue Bonds for HealthEast by and between The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Maplewood, Minnesota. zzszvs 5 ~7 CITY OF MAPLEWOOD, MINNESOTA (SEAL) By its Mayor Attested: By Its City Clerk Amended Consent Agreement for the issuance of Revenue Bonds for HealthEast by and between The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Maplewood, Minnesota. tzsz9s 6 Z Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmember Rossbach. Nays - Councilmember Zappa Councilmember Zappa questioned when this type of financing can come to a halt. 4. Attorney Presentations: Resolution of Amended Assessment a. Manager McGuire presented the staff report. b. City Attorney Kelly presented the specifics of the report. c. Mayor Bastian asked if anyone wished .to speak before the Council regarding this matter. d. Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 09 - 129. SETTLEMENT OF ASSESSMENT APPEAL WHEREAS, pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for construction of storm water drainage, also known as Project No. 87-32, passed on October 14, 1991. WHEREAS, the assessment appeal was duly scheduled in Ramsey County District Court on September 11, 1992, at 9:00 a.m. WHEREAS, the City of Maplewood, a municipal corporation, and Thomas D. and Susan D. Hope entered into a Stipulation of Settlement in order to avoid continued litigation and additional costs for. a final determination of benefit. WHEREAS, Thomas D. and Susan D. Hope have agreed to a reassessment of its parcel, known as Parcel No. 10-29-22-32-0014, also known as 1357 Cope Avenue, Maplewood, Minnesota of x8,750.00. WHEREAS, Thomas D. Hope and Susan D. Hope have waived, through Stipulation, the requirements for notice and hearing pursuant to Minn. Stat. §429.701, Subd. 2. NOW, THEREFORE, be it resolved by the City Council of Maplewood, Minnesota, as follows: i) The following parcel, located in the City of Maplewood, be reduced by x7,105.80 from 515,855.80 and that the reassessment for the following parcel located in the City of Maplewood, County of Ramsey be x8,750.00, to-wit: Property Identification No. 10-29-22-32-0014, also known as 1357 Cope Avenue, Maplewood, Minnesota, Reassessment is x8,750.00 Seconded by Councilmember Rossbach. Ayes- all (3) 18 9-28-92 e. Councilmember Zappa introduced the following Resolution and moved its adoption• 92 - 09 - 130 SETTLEMENT OF ASSESSMENT APPEAL WHEREAS, pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for construction of street, storm sewer and water service, also known as Project No. 87-05, passed on October 14, 1991. WHEREAS, the assessment appeal was duly scheduled in Ramsey County District Court on October 29, 1992, at 9:00 a.m. WHEREAS, the City of Maplewood, a municipal corporation, and Gethsemane entered into a Stipulation of Settlement in order to avoid continued litigation and additional costs for a final determination of benefit. WHEREAS, Gethsemane has agreed to a reassessment of its parcel, known as Parcel No. 25-29-22-31-0029, also known as 2410 Stillwater Road, Maplewood, Minnesota of x18,502.33. WHEREAS, Gethsemane has waived, through Stipulation, the requirements for notice and hearing pursuant to Minn. Stat. §429.701, Subd. 2. NOW, THEREFORE, be it resolved by the City Council of Maplewood, Minnesota, as follows: 1) The following parcel, located in the City of Maplewood, be reduced by 54,289.78 from x22,792.11 and that the reassessment for the following parcel located in the City of Maplewood, County of Ramsey be x18,502.33, to-wit: Property Identification No. 25-29-22-31-0029, also known as 2410 Stillwater Road, Maplewood, Minnesota, Reassessment is x18,502.33 Seconded by Councilmember Rossbach Ayes - a1T (3) f. Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 09 - 131 SETTLEMENT OF ASSESSMENT APPEAL WHEREAS, pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for construction of street, sidewalk, storm sewer and water service, also known as Project No. 87-05, passed on October 14, 1991. WHEREAS, the assessment appeal was duly scheduled in Ramsey County 19 9-28-92 District Court on October 29, 1992, at 9:00 a.m. WHEREAS, the City of Maplewood, a municipal corporation, and John entered into a Stipulation of Settlement in order to avoid continued litigation and additional costs for a final determination of benefit. WHEREAS, John has agreed to a reassessment of its parcel, known as Parcel No. 25-29-22-33-0070, also known as 2335 Stillwater Road, Maplewood, Minnesota of S18,221.22. WHEREAS, John has waived, through Stipulation, the requirements for notice and hearing pursuant to Minn. Stat. §429.701, Subd. 2. NOW, THEREFORE, be it resolved by the City Council of Maplewood, Minnesota, as follows: 1) The following parcel, located in the City of Maplewood, be vacated by 55,936.10 from x18,221.22 for PIN 25-29-22-33-0071 and that the reassessment for the following parcel located in the City of Maplewood, County of Ramsey be x12,285.12, to-wit: Property Identification No. 25-29-22-33-0070, also known as 2335 Stillwater Road, Maplewood, Minnesota. Reassessment is x12,285.12 2) The following Parcel, located in the City of Maplewood, shall remain the same, x5,076.41, to-wit: Property Identification No. 25-29-22-33-0071, also known as 2329 Stillwater Road, Maplewood, Minnesota. Assessment is x5,076.41 Seconded by Councilmember Rossbach Ayes - all (3) K. VISITOR PRESENTATIONS L. COUNCIL PRESENTATIONS 1. Cashing Checks Not discussed. 2. 1740 Van Dyke - Used Car Lot a. Councilmember Zappa commented on cars parked in lot with "for Sale" sign. b. Council directed staff to check on cars and on deterioration of building. 3. Portable Signs a. Councilmember Zappa commented on the length of time portable signs are allowed to be on property. 20 9-28-92 4. Real Estate - Parade of Homas and Campaign Signs _ a. Councilmember Zappa stated that real estate and campaign signs are being located on City right-of-way. b. Council directed staff to check on this situation. 5. Cable TV a. Mayor Bastian reported on a letter provided by Oakdale regarding public access for Cable TV and the alternatives for operation. 6. Zoning - Property North of D.O.T. Property on McMenemy a. Mayor Bastian moved that Council initiate rezoning procedures for the property on McMenemv north of the MnDOT property. b. Seconded by Councilmember Zappa Ayes - all (3) M. ADMINISTRATIVE PRESENTATIONS N. ADJOURNMENT OF MEETING 1:36 A.M. ~~~1/~ 1~~~cy Lucille E. Aurelius .City Clerk 2I' 9-28-92