HomeMy WebLinkAbout04-23-90 and 04-26-90 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, April 23, 1990
and
4:30 P.M., Thursday, April 26, 1990
Hazelwood Fire Station, 1530 E. County Road C
Meeting No. 90-8
A.. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the
Hazelwood Fire Station, 1530 E. County Road C, and was called to order by Mayor
Anderson at 7:00 P.M.
B. ROLL CALL
Norman G. Anderson, Mayor Present
Gary W. Bastian, Councilmember Present
- Frances L. Juker, Councilmember Arrived at 7:07 P.M.
George F. Rossbach, Councilmember Present
Joseph A. Zappa, Councilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Anderson moved to approve the Acenda as amended:
1. Water Usage
2. Water Board Meeting
3. Lead Poisoning
4. Ground Cover
5. "No Parking" Ferndale and Upper Afton Road
6. Meeting with Developer
7. Wakefield Park
8. Earth Day, April 28, 1990
9. Adopt Streets
10. Recycling
11. Police Civil Service Commission
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Council removed Item E-4 to become Item I-8.
_ Councilmember Rossbach moved, Seconded by Councilmember Zappa, Aves - all, to
approve Consent Acenda Items 1 throuoh 3 and 5 throuoh 12 as recommended
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1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE:
$ 657,459.50 Checks #5566 - #5664
Dated 03-29-90 thru 04-11-90
S 187,502.12 Checks #4102 - #4225
Dated 04-23-90
$ 844,961.62 Total Accounts Payable
PAYROLL•
$ 249,899.25 Payroll Checks
S 35.419.22 Payroll Deductions
$ 285,318.47 Total Payroll
$1,130,280.09 GRAND TOTAL
2. Paramedic Bill - Application for Cancellation
Approved the cancellation of the $210 paramedic bill of Roger Hildreth due
to financial hardship.
3. Resolutions of Appreciation
Resolution No. 90 - 4 - 63, Ralph Sletten
WHEREAS, Ralph Sletten has been a member of the Maplewood Planning
Commission since April 3, 1980, and has served faithfully in that capacity
- to the present time; and
WHEREAS, the Planning Commission has appreciated his experience,
insights and good judgment; and
WHEREAS, he has freely given of his time and energy, without
compensation, for the betterment of the City of Maplewood, and
WHEREAS, he has shown sincere dedication to his duties and has
consistently contributed his leadership, time and effort for the benefit
of the City.
NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens, that Ralph Sletten is hereby
extended our heartfelt gratitude and appreciation for his dedicated
service and we wish him continued success in the future.
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Resolution No. 90 - 4 - 64, Michael B. Ayers
WHEREAS, Michael B. Ayers has been a member of the Maplewood Planning
Commission since September 28, 1987, and has served faithfully in that
capacity to the present time; and
WHEREAS, the Planning Commission has appreciated his experience,
insights and good judgment; and
WHEREAS, he has freely given of his time and energy, without
compensation, for the betterment of the City of Maplewood, and
WHEREAS, he has shown sincere dedication to his duties and has
consistently contributed his leadership, time and effort for the benefit
of the City.
NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens, that Michael B. Ayers is hereby
- extended our heartfelt gratitude and appreciation for his dedicated
service and we wish him continued success in the future.
4. Acquisition of 1870 McKnight Road by Eminent Domain
- Discussed as Item I-8
5. Cancellation of Assessments - Maids Property
Resolution No. 90 - 4 - 65
WHEREAS, pursuant to Resolution 89 - 9 - 159 of the City Council of
_ Maplewood, Minnesota, adopted September 28, 1989, the special assessments
- for the construction of Project 86-15 (D.P. No. 5762) were levied against
property described by County Auditor's Code No. 13-28-22-32-0005.
WHEREAS, $3000.00 of the aforesaid assessment was levied in error;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the assessment for Project 86-15 (D.P. No. 5762) against
the property described by County Auditor's Code No. 13-28-22-32-0005 be
correctly certified to the Auditor of Ramsey County by deleting therefrom
the amount of $2500.00.
6. Meyer Street Water Main Project 87-13; Acceptance of Project
Resolution No. 90 - 4 - 66
WHEREAS, the City Engineer for the City of Maplewood hasdetermined
that Meyer Street Water Main, City Project 87-13, is complete and
recommends acceptance of the project;
_ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 87-13 is complete and maintenance of these
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improvements is accepted by the City. Release of any retainage or escrow
is hereby authorized.
7. Bush and Meyer - Yield Signs
Authorized that yield signs be installed on Meyer Street at Bush.
8. Mailand Road Pumping Station - Project 86-15; Acceptance of Report.
Resolutioa No. 90 - 4 - 67
WHEREAS, the City Engineer for the City of Maplewood has determined
that Meyer Street Water Main, City Project 87-13, is complete and
recommends acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 87-13 is complete and maintenance of these
improvements is accepted by the City. Release of any retainage or escrow
is hereby authorized.
9. Upper Afton Road, Project 86-07, State Aid Variance and Hold Harmless.
Resolution No. 90 - 4 - 68
WHEREAS, the Council of the City of Maplewood has ordered the
reconstruction of Upper Afton Road from McKnight Road to Trunk Highway
120, and
WHEREAS, the road segment is a municipal state aid route and the
improvement designated as SAP 138-114-01, and
WHEREAS, it is deemed desirable and expedient to provide turn lanes
for the intersections with the Battle Creek Regional Park-main entrance
and McKnight Road, and
WHEREAS, the channelization is deemed to be most appropriately
established by planted median islands to match the character of the
regional park through which the roadway transverses, and
WHEREAS, Chapter 8820.9912 of the State Aid Operations does not
specify a width for a two-lane arterial with no parking lanes and a
median, and
WHEREAS, Upper Afton Road is classified as a two-lane arterial, and
thus does not comply with the cited rule for a distance of 1450 feet out
of a total project length of 5280 feet, and
WHEREAS, the road cannot be widened any further in this area due to
restrictions on land use of the abutting regional park, and
WHEREAS, the project complies with all other state aid standards and
rules.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA: that the commissioner of transportation is requested
to grant a variance to state aid rules to allow the use of median islands
on a segment of the proposed project.
Resolution No. 90 - 4 - 68A
WHEREAS, the commissioner of transportation has been requested to
grant a variance in the design of Upper Afton Road, SAP 135-114-01.
NOW, THEREFORE, IT IS RESOLVED BY THE COUNCIL OF MAPLEWOOD, MINNESOTA:
the State of Minnesota, and all its agents and employees, is hereby
indemnified, saved, and held harmless as a result of, or by any reason of,
in any manner granting the requested variance.
10. Variance to Sanitary Sewer Connection - 1309 Kohlman
Granted a variance to Mra. Sinowatny, 1309 Kohlman, from connecting her
property due to financial hardship. The property is to be reviewed yearly
to see if the situation changes.
11. Acquisition of Tax Forfeited Land, Netnorlin Addition, Lot 21, Block 1
Authorized obtaining Lot 21, Block 1, Netnorlin Addition from Ramsey
County for use as a ponding area by signing the "Application by
Governmental Subdivision for Conveyance of Tax-Forfeited Lands" form.
12. Acquisition of 2-1/2 Acres to Harvest Park by Eminent Domain
Resolution No. 90 - 4 - 69
WHEREAS, City of Maplewood proposes to construct and improve Harvest
Park, and -
WHEREAS, the improvement consists of acquiring that property necessary
for public recreational facilities and accessory uses such as, but not
limited to, parking, and
WHEREAS, fee title for certain lands are required to provide for said
construction, and
WHEREAS, City of Maplewood has authority to acquire lands for public
parks by eminent domain pursuant to Minn. Stat. No. 412.491, and Minn.
Stat. No. 473.331, and
WHEREAS, City of Maplewood has the right to acquire the fee title
prior to the filing of an award by the court-appointed commissioners,
pursuant to Minn. Stat. No. 117.011 and 117.042, and
WHEREAS, a portion of said lands required for acquisition are owned by
Mr. and Mrs. William J. Rowley and Ed Cave & Sons, Inc., a Minnesota
corporation, and
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WHEREAS, the City of Maplewood has been unable to successfully
negotiate the acquisition of said property, legally described as:
_ The North 163.67 feet of the West 490.38 feet of the North 1/2 of
the South 1/4 of the Northwest 1/4 of Section 10, Township 29,
Range 22, also known as Lot 7, in Block of Auditor's Subdivision
No. 76, in Ramsey County, Minnesota, subject to easements,
reservations and restrictions of record.
NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council hereby
authorizes the acquisition of said land by eminent domain and to take
title and possession of that land prior to the filing of an award by the
court-appointed commissioner, pursuant to Minn. Stat. No. 117.011 and
117.042, and
BE IT FURTHER RESOLVED, that the Maplewood City Attorney is requested
to file the necessary Petition therefore, and to prosecute such action to
a successful conclusion or until it is abandoned, dismissed, or terminated
by the City or the Court.
E.A. APPOINTMENTS AND PRESENTATIONS
1. Planning Commission
a. Manager McGuire presented the report.
b. Mr. Roger Anitzberger and Mr. Brian Sinn, applicants, presented
themselves to the Council.
c. Councilmember Zappa moved to accept the recommendation of the Planning
- Commission and appoint Roger Anitzberger and Brian Sinn to fill the
- vacancies on the Planning Commission.
Seconded by Councilmember Rossbach.
Vote taken separately on each applicant
Roger anitzberger ~ Ayes - all. _
Brian Sinn Ayes - Mayor Anderson, Councilmembere
Bastian, Rossbach and Zappa.
Nay - Councilmember Juker.
2. Presentation of Human Relation Commission Annual Report
a. Manager McGuire presented the staff report.
b. Commissioner Karla Sand presented the h.R.C. Annual Report.
c. Councilmember Zappa moved to accent the 1989 Human Relation
- Commission's Annual Report and commended them for their services.
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Seconded by Mayor Anderson. Ayes - all.
~G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Code Amendment: Electrical Inspections (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the following ordinance and moved its
adoption-
ORDINANCE NO. 663
AN ORDINANCE CONCERNING ELECTRICAL
INSPECTIONS AND REQUIREMENTS
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 9 of the Maplewood Code of ordinances is hereby amended to
add Article XII as follows:
ARTICLE XII. ELECTRICAL INSPECTIONS
Sec. 9-230. Application
This article shall apply to all electrical installations in any construction,
remodeling, replacement, or repair within or on public and private buildings and
premises, except as specifically provided by this article and by Minnesota
Statutes. The City elects to provide for inspection of electrical installations
within its jurisdiction as authorized by Minnesota Statutes 326.244. Subd. 4
Sec. 9-231. Electrical inspector
The position of electrical inspector is hereby established. The person chosen to
` fill this position shall hold a license as a master or journeyman electrician
under Minnesota Statutes, Section 32.6.242, Subdivision 1 or 2. The electrical
inspector shall be appointed by the City Manager. The electrical inspector shall
receive as compensation 80~ of electrical permit fees.
Sec. 9-232. Electrical Permits
No electrical installation in any construction, remodeling, replacement or repair,
except minor repair work as defined in Chapter 3800.1100 of the Minnesota Rules,
shall be made without first securing a permit therefor.
Permits shall be granted only to properly licensed electrical contractors who are
registered and bonded by the State of Minnesota, except that such permit may be
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granted to a bona fide owner of single-family residential property, who intends to
conduct such work on his said property and who occupies or intends to occupy said
- property and further, who demonstrates to the satisfaction of the electrical
inspector that he has sufficient knowledge to perform the required work.
Sec. 9-233. Penalties
Any violation of this article, including a failure to file a permit when required,
shall be a misdemeanor violation subject to all penal provisions of this code and
the State Electrical Act. Any person who shall commence work of any kind for
which a permit is required under the provisions of this code without having first
received the necessary permit therefor shall, when subsequently receiving such
permit, be required to pay double the fees provided in this article.
Sec. 9-234. Adoption of State Board of Electricity Rules and Regulations.
The Minnesota State Board of Electricity Rules Chapter 3800.1100 through
3800.3100, revised September 1969, and any future revisions, modifications or
_ amendments thereto, are hereby adopted by reference, except for fees which shall
be established by City Council resolution. With regard to said rules adopted by
reference, wherever the phrase "request for inspection" is used therein,
substitute the words "apply for electrical permit" and wherever the words ''the
Board" referring to the State Board of Electricity are used therein, substitute
the words "the City".
Section 2. This ordinance shall take effect and be in force from and after its
passage and publication.
Seconded by Councilmember Bastian. Ayes - all.
I. NEW BUSINESS -
2. OverlayProjects .
a. Manager McGuire presented the staff report.
- b. Director of Public Works Haider presented the specifics of the
proposal.
c. Councilmember Juker moved to accent the overlav proiects for 1990 and
1991 as presented.
Seconded by Councilmember Bastian. Ayes - all.
3. Hazardous Waste Day
a. Manager McGuire presented the staff report. He also stated Ramsey
County is not planning to hold a hazardous waste day at city Hall, but is
planning on having a permanent location by this fall.
c. Councilmember Rossbach moved to take no action.
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Seconded by Councilmember Zappa. Ayes - Councilmembers Juker,
Rosabach and Zappa.
Nays - Mayor Anderson, Councilmember
Bastian.
F. PUBLIC HEARINGS
1. 7:30 P.M., Condor Storm8ewer Project 86-01 (4 Votes)
a. Mayor Anderson convened the meeting for a public hearing regarding the
proposed construction of storm sewer in the vicinity of Dorland and Lohdin
Lane for the western branch of the Condor drainage area, City Project 86-
01.
b. Manager McGuire presented the staff report.
c. Assistant City Engineer Irish presented the specifics of the proposal.
d. Mayor Anderson called for persons who wished to be heard for or
against the proposal. The following expressed their views:
Marlin Grant, Marv Anderson Homes; Mr. Grant introduced Fred Haas
from Marv Anderson Homes
Pierce Smith, 2455 Londin Lane
James McGinley, 2455 Londin Lane
Linda Petrie, 2352 dorland Lane
Barb Warner, 2354 Dorland Lane (Showed a video of the flooding)
Cindy Ashen-Robert e, 2356 Dorland Lane
Cathy Hare, Crestview Drive
Frank French, Mid Con. Management
- e. Mayor Anderson closed the public hearing.
f. Councilmember Juker introduced thefollowinc resolution and moved its
adontion•
90 - 4 - 70
WHEREAS, after due notice of public hearing on the construction of
storm sewer in the vicinity of Dorland and Londin Lane for the western
branch of the Condor drainage area, City Project 86-01, a hearing on said
improvement in accordance with the notice duly given was duly held on
April 23, 1990, and the Council has heard all persona 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 storm sewer in the vicinity of
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Dorland and Londin Lane for the western branch of the
Condor drainage area, City Project 86-O1, as described in
the notice of hearing thereof, and orders the same to be
made.
2. The City Engineer is designated Engineer for this
improvement and is hereby directed to prepare final plans
and specifications for the making of said improvement.
- 3. The project budget is amended to $176,000. The project financing shall be
as follows:
Special Assessments $163,500
General obligation 12,500
Total $176,000
Seconded by Councilmember 2appa. Ayes - all.
2. 7:40 P.M., Modification of Tax Increment Plan
a. Mayor Anderson convened the meeting for a public hearing regarding a
modification to the City's Tax Increment Plan. The modifications proposed
will keep the City's options open for using tax increment revenue to
finance the proposed Community Center and traffic improvements in the
Maplewood Mall area.
b. Manager McGuire presented the staff report.
c. Director of Finance Faust presented the specifics of the proposal.
d. Mary Ippel, Briggs and Morgan, Bonding consultant, explained the
proposal.
e. Mayor Anderson called for proponents and opponents. None were heard.
f. Mayor Anderson closed the public hearing.
g. Mayor Anderson introduced the following resolution and moved its
adoption•
90-4-71
RESOLUTION APPROVING THE MODIFIED DEVELOPMENT PROGRAM
RELATING TO DEVELOPMENT DISTRICT NO. 1,
AND APPROVING MODIFICATIONS TO THE SAX INCREMENT
FINANCING PLANS FOR ECONOMIC DEVELOPMENT DISTRICTS NOS.
1-1, 1-2, AND 1-3, AND HOUSING DISTRICTS NOS. 1-1,
1-2 AND 1-3 WITHIN DEVELOPMENT DISTRICT NO. 1
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BE IT RESOLVED by the City Council (the "Council") of the City of
Maplewood, Minnesota (the "City") as follows:
Section 1. Recital8
1.01. It has been proposed that the City adopt a modified Development
Program with respect to Development District No. 1, and modify the Tax
Increment Financing Plans for Economic Development Districts Nos. 1-1,
1-2, and 1-3, and Hovsing Districts Nos. 1-1, 1-2 and 1-3, all pursuant to
and in accordance with Minnesota Statutes, Sections 469.124 through
469.134, as amended, and Minnesota Statutes, Sections 469.174 through
469.179, inclusive, as amended.
1.02. The Council has investigated the factaand has caused to be
prepared a modified Development Program for Development District No. 1,
and has caused to be prepared modifications to the Tax Increment Financing
Plans for Economic Development Diatricte Nos. 1-1, 1-2 and 1-3 and Housing
Districts Nos. 1-1, 1-2 and 1-3, defining more precisely the increased
project costs to be included in Development District No. 1 and describing
the action to be undertaken by the City to aid the development of
Development District No. 1.
1.03. The City has performed all actions required by law to be
performed prior to the adoption of the modified Development Program
relating to Development District No. 1, and the modification of the Tax
Increment Financing Plans for Economic Development Districts Nos. 1-1, 1-2
and 1-3 and Housing Districts Nos. 1-1, 1-2 and 1-3, including, but not
limited to, notification of Ramsey County and Independent School District
No. 622 and Special Intermediate School District No. 916 and the holding
of a public hearing upon published and mailed notice as required by law.
Section 2. Modification of Development Program for Development
District No. 1 and the Modification of Tax Increment Financing Plans for
Economic Development Diatricte Nos. 1-1, 1-2 and 1-3 and housing Districts
Nos. 1-1, 1-2 and 1-3.
2.01. The Council hereby adopts the modified Development Program for
Development District No.l and the modified Tax Increment Financing Plans
- for Economic Development Districts Nos. 1-1, 1-2 and 1-3 and Housing
Districts Nos. 1-1, 1-2 and 1-3. The City is not modifying the boundaries
of Development District No. 1 nor the boundaries of Economic Development
Districts Nos. 1-1, 1-2 and 1-3 and Housing Districts Nos. 1-1, 1-2 and
1-3.
Section 3. Findings for the Modification of the Tax increment
Financing Plans for Economic Development Districts Nos. 1-1, 1-2 and 1-3
and Housing Districts Nos. 1-1, 1-2 and 1-3.
3.01. Economic Development Diatricte Nos. 1-1, 1-2 and 1-3 when
established were established as economic development districts within the
meaning of Minnesota Statutes, Section 469.174, Subdivision 12. The City
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reaffirms the findings previously made with respect to the establishment
of Economic Development Districts Noe. 1-1, 1-2 and 1-3.
3.02. Housing Districts Nos. 1-1, 1-2 and 1-3, when established, were
established as housing districts within the meaning of Minnesota Statutes,
Section 469.174, Subdivision 11. The City reaffirms the findings
previously made with respect to the establishment of Housing Districts No.
1-1, 1-2 and 1-3 and the findings previously made with respect to the
establishment of Housing Districts Nos. 1-1, 1-2 and 1-3.
3.03. The Council finds that the proposed development, in the opinion
of the Council, would not occur solely through private investment within
the reasonably foreseeable futures and, therefore, the use of tax
increment financing is deemed necessary. The specific basis for such
finding being:
Private investment will not finance the development activities set
out in the Development Program and Tax Increment Financing Plans
for Economic Development District Nos. 1-1, 1-2 and 1-3, Housing
Districts Nos. 1-1, 1-2 and 1-3 because of prohibitive coats. It
is necessary to finance these development activities through the
use of tax increment financing so that other development will
occur within Development District No. 1.
3.04. The Council further finds that the modified Tax Increment
Financing Plans for Economic Development Districts Nos. 1-1, 1-2 and 1-3
and Housing Districts Nos. 1-1, 1-2 and 1-3 conforms to the general plan
for the development or redevelopment of the City as a whole. The specific
basis for such finding being:
(1) Economic Development Districts Nos. 1-1, 1-2 and 1-3 and
Housing Districts Nos. 1-1, 1-2 and 1-3 are properly
zoned;
(2) The Tax Increment Financing Plans will generally
compliment and serve to implement policies adopted by the
City's comprehensive plan.
3.05. The Council further finds that the modified Tax Increment
Financing Plans for Economic Development Districts Nos. 1-1, 1-2 and 1-3
and Housing Districts Nos. 1-1, 1-2 and 1-3 will afford maximum
opportunity consistent with the sound needs of the City as a whole, for
the development of Development District No. 1 by private enterprise. The
specific basis for such finding being:
The development activities are necessary so that development and
redevelopment by private enterprise can occur within Development
District No. 1.
Section 4. Approval of the Modified Development Program and the
Modified Tax Increment Financing Plans.
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4.01. The modified Development Program for Development District No. 1
and the modified Tax Increment Financing Plans for Economic Development
Districts Nos. 1-1, 1-2 and 1-3 and Housing Districts Nos. 1-1, 1-2 and 1-
3 are hereby approved and adopted.
4.02. The staff of the City, the City's advisors and legal counsel
are authorized and directed to proceed with the implementation of the
modified Tax increment Financing Plans and for this purpose to negotiate,
draft, prepare and present to this Council for its consideration all
further plans, resolutions, documents and contracts necessary for this
purpose.
Seconded by Councilmember Rossbach. Ayes - Mayor Anderson, Councilmembers
Juker, Rossbach and Zappa.
Nay - Councilmember Bastian.
I. NEW BUSINESS (COntinuedl
1. Tax Exempt Financing: Share Clinic (Beam Avenue)
a. Manager McGuire presented the staff report.
b. Mary Ippel, Briggs and Morgan, Bonding consultant, presented the
specifics of the proposal.
c. Councilmember Zappa moved that Share Inc., shall remove the driveway
parallel to Beam Avenue replace the drive with sod and that this work
must be completed before closing or provide the Citv with a cash escrow
for the work.
Seconded by Councilmember Rossbach. Ayes - all.
d. Councilmember Zappa. introduced the following resolution and moved its
- adoptions '
90 - 4 - 72
RESOLUTION AUTHORIZING A PROJECT AND THE
ISSUANCEOF COMMERCIAL DEVELOPMENT
REVENUE BONDS PURSUANT TO MINNESOTA STATUTES,
SECTIONS 469.152 THROUGH 469.165
(SHARE PROJECT)
BE IT RESOLVED by the City Council of the City of Maplewood (the
"City), as follows:
1. The City has received a proposal from Share, a Minnesota nonprofit
corporation (the "Company"), that the City undertake to refinance a
certain Project, as hereinafter described, pursuant to Minnesota Statutes,
Sections 469.152 through 469.165 (the "Act"), through issuance by the City
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of its $2,445,000 Variable Rate Demand Commercial Development Revenue
Refunding Bonds, Series 1990 (Share Project) (the "Bonds").
2. The Company has heretofore acquired, constructed and equipped an
approximately 15,000 square foot medical clinic facility (the "Project")
in the City. The Project will further the policies and purposes of the
Act and the findings made in the preliminary resolutions adopted by this
Council on August 22, 1983 and December 22, 1983, with respect to the
Project, are hereby ratified, affirmed and approved.
3. It is proposed that, pursuant to a Loan Agreement dated April 1,
1990, between the City, as lender, and the Company, as borrower (the "Loan
Agreement"), the City loan the proceeds of the Bonds to the Company to
refinance the Project. The basic payments to be made by the Company under
the Loan Agreement are fixed so as to produce revenue sufficient to pay
the principal of, premium, if any, and interest on the Bonds when due. It
ie further proposed that the City assign its rights to the payments and
certain other rights under the Loan Agreement to National City Bank of
Minneapolis, in Minneapolis, Minnesota (the "Trustee") ae security for
payment of the Bond under an indenture of Trust dated April 1, 1990 (the
"Indenture"). The Bond will also be secured by a letter of credit (the
"Letter of Credit") issued by Norwest Bank Minnesota, National Association
(the "Bank") in favor of the Lender in the principal amount of the Bonds
and 105 day's interest on the principal amount of the Bonds.
4. Pursuant to the preliminary approval of the City, forms of the
following documents have been submitted to the City staff:
- (a) The Loan Agreement.
(b) The Indenture.
(c) The Letter of Credit.
5. It is hereby found, determined and declared that:
_ (a) the Project described in the Loan Agreement and Indenture
referred to above constitutes a Project authorized by the Act;
(b) the purpose of the Project is and the effect thereof will be to
promote the public welfare by the refinancingof a medical facility;
(c) the Project is to be located within the City limits, at a site
which is easily accessible to employees residing within the City and the
surrounding communities;
(d) the refinancing of the Project, the issuance and sale of the
Bonds, the execution and delivery by the City of the Loan Agreement and
the Indenture, and the performance of all covenants and agreements of the
City contained in the Loan Agreement, and Indenture and of all other acts
and things required under the constitution and laws of the State of
Minnesota to make the Loan Agreement, the Indenture and Bonds valid and
14 4-23-9i,`
binding obligations of the City in accordance with their terms, are
authorized by the Act;
(e) it is desirable that the Bonds be issued by the City upon the
terms set forth in the Indenture;
(f) the basic payments under the Loan Agreement are fixed to produce
revenue sufficient to provide for the prompt payment of principal of,
premium, if any, and interest on the Bonds issued under the Indenture when
due, and the Loan Agreement and indenture also providethat the Company is
required to pay all expenses of the operation and maintenance of the
Project, including, but without limitation, adequate insurance thereon and
insurance against all liability for injury to persona or property arising
from the operation thereof, and all taxes and special assessments levied
upon or with respect to the project Premises and payable during the term
of the Loan Agreement and Indenture;
(g) under the provisions of the Act, and as provided in the Loan
Agreement and the Indenture, the Bonds are not to be payable from or
charged upon any funds other than the revenue pledged to the payment
thereof; the City is not subject to any liability thereon; no holder of
any Bonds shall ever have the right to compel any exercise by the City of
its taxing powers to pay the Bonds or the interest or premium thereon, or
to enforce payment thereof againstany property of the City, except the
interests of the City in the Loan Agreement which have been assigned to
the Trustee under the Indenture; the Bonds shall not constitute a charge,
lien or encumbrance, legal or equitable upon any property of the City,
except the interests of the City in the Loan Agreement which have been
assigned to the Trustee under the Indenture; the Bonds shall recite that
the Bonds are issued without moral obligation on the part of the state or
its political subdivisions, and that the Sonde, 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. Subject to the review and approval of the City Attorney, the forms
of the Loan Agreement and Indenture and exhibits thereto are approved
substantially in the form submitted. The Loan Agreement and Indenture, in
substantially the forms submitted, are directed to be executed in the name
- and on behalf of the City by the Mayor and City Manager. Any other
documents and certificates necessary to the transaction described above
shall be executed by the appropriate City officers. In the event of the
disability or the resignation or other absence of the Mayor or Manager,
such other officers of the City who may act in their behalf shall without
further act or authorization of the City who may act in their behalf shall
without further act or authorization of the City do all things and execute
all instruments and documents required to be done orto be executed by
such absent or disabled officials. Copies of all of the documents
necessary to the transaction herein described shall be delivered, filed
and recorded as provided herein and in said Loan Agreement and Indenture.
- - 15 4-23-90
7. The City hall proceed forthwith to issue its Bonds, in the form
and upon the terms set forth in the Indenture. The offer of the
Centennial Tax-Exempt Trust (the "Purchaser") to purchase the Bond for
$2,445,000 plus accrued interest to the date of delivery at the interest
rate specified in the indenture is hereby accepted. The Mayor and Manager
are authorized and directed to prepare and execute the Bonds as prescribed
in the Indenture and to deliver them to the Trustee for authentication and
delivery to the Purchaser.
8. The Mayor and Manager 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 and certificates as may be required to show the
facts relating to the legalityof the Bonds as such facts appear from the
books and records in the officers' custody and control or as otherwise
known to them; and all such certified copies, certificates and affidavits,
including any heretofore furnished, shall constitute representations of
the City as to the truth of all statements contained herein.
9. 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 and the City officials authorized herein to
execute said documents prior to their execution; and said City officials
are hereby authorized to approve said changes on behalf of the City. The
execution of any instrument by the appropriate officer or officers of the
City herein authorized shall be conclusive evidence of the approval of
such documents in accordance with the terms hereof. In the absence of the
Mayor and Manager any of the documents authorized by this resolution to be
executed may be executed by any member of the City Council or any duly
designated acting official.
Seconded by Councilmember Rosabach. Ayes - all.
2. Overlay Projects
- Discussed after item E.
3. Hazardous Waste Day
Discussed after item E.
4. Proposed Ramsey County Home Rule Charter Resolution
- a. Manager McGuire presented the staff report.
i
b. Councilmember Bastian introduced the following resolution and moved its -
adoption:
16 4-23-90
90-4-73
WHEREAS, the Ramsey County Charter Commission was created by the
Legislature and its members appointed by the judiciary for the purpose of writing the first
County Home Rule Charter in the State of Minnesota, and
WHEREAS, after extensive research, hearings and drafting, the Ramsey County
Charter Commission has completed this historic constitution document for the people of
Ramsey County, and
WHEREAS, representafives of the City of Maplewood have worked with the
Ramsey County Charter Commission during the past two years in developing this
Charter, and
WHEREAS, this constitutional document seeks to enhance the visibility,
accessibility, flexibility, efficiency, and responsiveness of county government, therefore
BE IT RESOLVED that the Maplewood City Council urges all Citizens of Ramsey
County to become informed about the proposed Ramsey County Home Rule Charter,
BE IT FURTHER RESOLVED that the members of the Maplewood City Council
urge Citizens of Maplewood to go to the polls and exercise their constitutional right to be
apart of their governing process by voting on this issue in the November 6, 1990 General
Election.
Seconded by Councilmember Rossbach. Ayes -all.
5. Gervais Avenue, Hazelwood to Kennard: Order Feasibility Report
a. Manager McGuire presented the staff report.
b. Following a lengthy discussion, Councilmember Juker moved to table this item.
Seconded by Councilmember Rossbach. Ayes -Mayor Anderson,
Councilmembers Juker and
Zappa.
Councilmember Bastian and
Rossbach abstained.
6. Developer Escrow
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the proposal.
c. Mayor Anderson moved that in addition to the existing $315 preliminaryplat fee
paid to Community Development, all preliminaryplat applications will be subject to cash
17 4-23-90
escrow requirements of $150 per acre or a minimum escrow of $750 and a maximum of
$2400 be approved as presented.
Seconded by Councilmember Zappa. Ayes -all.
7. City Hall Addition Update
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented each proposed change and the amounts
that each change in construction would cost.
c. Councihnember Bastian introduced the following resolution and moved its
adoption:
90-4-74
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered
Project 89-16, City Hall Addition, and has entered into a construction contract, and
WHEREAS, it is now necessary and expedient that said contract, in the amount of
$1,063,544.66, be modified and designated as Project 89-16 Change order 4.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk aze hereby authorized
and directed to modify the existing contract by executing said Change order 4 in the
amount of $8611.
The city hall addition, Fund 405-000-00047651, is hereby increased $8611 by a
transfer from the general fund contingency account.
Seconded by Mayor Anderson. Ayes -all.
d. Councilmember Zappa directed staff to obtain what additional costs could be
incurred and bring back a report to Council and to proceed in gathering information as to
how to recoup expenses.
Seconded by Mayor Anderson. Ayes -Mayor Anderson,
Councilmembers Bastian,
Rossbach and Zappa.
Nay - Councilmember Luker.
8. Acquisition of 1870 McKnight Road by Eminent Domain
a. Manager McGuire presented the staff report.
b. Director of parks and Recreation Odegazd explained in detail the proposal.
18 4-23-90
c. Councilmember Zappa moved that the property not be acquired.
Seconded by Councilmember Juker. Ayes - Mayor Anderson, Councilmembera
Juker and Zappa
Nay - Councilmembers Bastian and
Rossbach
J. VISITOR PRESENTATION
None.
K. COUNCIL PRESENTATIONS
- 1. Water Usage
a. Councilmember Bastian expressed his concerns regarding the wasting of
water, such as a Fina employee hoeing down the blacktop.
b. Councilmember Bastian moved to direct staff to investigate what the
- Citv can do through an ordinance or policv to prevent the wasting of water
and that a letter be forwarded to Fina to inform them of wasting a
natural resource and report back to Council.
Seconded by Councilmember Zappa. Ayes - all.
2. Water Board Meeting
a. Councilmember Bastian stated the Water Department Advisory Board would
be meeting April 25, 1990, Wednesday, at 3:00 P.M.
3. Lead Poisoning
4. Ground Cover
a. Councilmember.Bastian discussed an article regarding the danger of
lead poisoning found in soil and the effects on what can happen to
children. He is particularly concerned for the uncovered dirt by the Days
Inn and on the Nettleton property.
b. Staff will investigate.
5. "No Parking" Ferndale and Upper Afton Road
a. Mayor Anderson moved to direct staff to establish"No Parking" on
Ferndale Street from Upper Afton Road north to 200 feet.
Seconded by Councilmember Juker. Ayes - Mayor Anderson, Councilmembera
Bastian, Juker and Rossbach.
Nay - Councilmember Zappa.
19 4-23-90
6. Meeting With Developers
a. Mayor Anderson requested a meeting be established with area developers
to discuss having small lots and large lots in plats to save trees.
b. Staff will contact the developers.
7. Wakefield Park
_ a. Mayor Anderson stated Ramsey County Commissioner Norgard indicated to
him that the County is interested in giving Wakefield park to Maplewood.
b. Mayor Anderson moved to direct staff to send letter to Ramsey County
and ask them of their clans for Wakefield, Goodrich and Flicek Parks.
Seconded by Councilmember Bastian. Ayes - all.
8. Earth Day - April 28, 1990
- a. Mayor Anderson moved that the Council report to Citv hall at 9:00
A.M., April 28, 1990, Saturday for Earth Dav to clean up city hall area.
Seconded by Councilmember Bastian. Ayes - all.
9. Adopt Streets
a. Mayor Anderson suggested residents adopt a street and keep it clean.
b. Councilmember Zappa moved an appropriate letter be sent to various
organizations for them to have a program of adopting streets and keeping
them clean.
Seconded by Councilmember Bastian. Ayes - all.
10. Recycling
a. Councilmember Juker stated the article in the paper regarding
recycling programs in various cities did not include Maplewood.
b. Councilmember Juker moved to invite Michael Hines. Gopher, Inc., to
meet with the Council regarding this issue.
Seconded by Councilmember Bastian. Ayes - all.
11. Police Civil Service Commission
a. Councilmember Juker moved to direct staff to establish a meetina date
with the Police Civil Service Commission and Council and to provide the
Rules and Regulations of the Commission to Council before the meetina.
Seconded by Councilmember Roasbach. Ayes - all.
20 4-23-90''
L. ADMINISTRATIVE PRESENTATION
1. May 12, 1990 - Meeting
a. Manager McGuire stated the facilitator will not be available for the
May 12, 1990 meeting with Council.
b. Councilmember Zappa moved to meeting with the facilitator for
Council/Manaoer Workahoo on Mav 19. 1990. Saturday, from 10:30 P.M. to
5.00 P.M.
Seconded by Mayor Anderson. Ayes - all.
2. Assessment Correction: Julia Lepsche
a. Manager McGuire presented the staff report
b. Councilmember Juker introduced the following resolution and moved its
adootion•
90 - 4 - 75
WHEREAS, Julia F. Lepsche is the fee owner of record of the property
situated in the City of Maplewood, County of Ramsey, State of Minnesota,
described as Parcel No. 25-29-22-33-0042.
WHEREAS, on the 23rd day of April, 1987, the Maplewood City Clerk
mailed notice of the assessment hearing upon all affected parties
including Julia F. Lepsche;
WHEREAS, pursuant to the provisions of Minn. Stat. No. 429.61 thereof,
as amended, Julia F. Lepsche filed a timely written notice of objection
with the City Clerk prior to the assessment hearing;
WHEREAS, on the 11th day of May, 1987, a public hearing on the special
assessments was properly held pursuant to Minn. St at. No. 429, and the
Maplewood City Council duly adopted and approved certain special
assessments pursuant to the provisions of Minn. Stat. No. 429 thereof, for
a Public Improvement Project Number 86-03 A & B;
WHEREAS, the total amount adopted and approved against the parcel
described herein above, and owned by Julia F. Lepsche herein, was
$4,275.00. The assessment was based upon benefits by the Water District
_ No. 6 in the amount of $237.50 per unit and a finding that Julia F.
Lepsche had 18 units in buildable lots;
WHEREAS, on June 15, 1987, Julia F. Lepsche served a Notice of Appeal
personally upon the City Clerk of the City of Maplewood and thereafter
timely filed said appeal with the above-named District Court pursuant to
Minn. Stat. No. 429.081;
21 4-23-90
WHEREAS, Julia F. Lepsche alleged that the improvement did not
specifically benefit the property to the extent of the assessment and
Julia F. Lepsche alleged that her property was assessed for 18 buildable
lots where the subject property contained only two buildable units;
WHEREAS, subsequent to the appeal, the City of Maplewood Engineering
- Department re-evaluated the number of buildable lots on Julia F. Lepsche's
property and determined that subsequent to a taking by the State of
Minnesota Department of Transportation, the Julia F. i,epsche remaining
property was to sustain only two buildable lots and recommended that the
property be reassessed at the same rate of $237.50 but applied only to two
units, for a total assessment of $475.00 on the above described Julia F.
Lepsche's parcel;
WHEREAS, prior to the trial of the assessment appeals Julia F. Lepsche
entered into a settlement agreement as to the amount of the assessment to
be levied against her respective property; and
WHEREAS, a Settlement Agreement provides that the assessment to be
= levied against Parcel 25-29-22-33-0042 shall be $475.00; and
WHEREAS, pursuant to the Settlement Agreement, Julia F. Lepsche named
hereinabove waives any and all right of further notices and appeals as
provided for in Minnesota Statute Chapter 429 as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL AS
FOLLOWS:
1. That the assessment for Maplewood Public Improvement
Project 86-03 A & B as levied on May 11, 1987, ie hereby
canceled as it pertains to Parcel Number 25-29-22-33-0042,
pursuant to the provisions of Minnesota Statutes No.
429.071.
2. That pursuant to the provision of Minnesota Statutes
Chapter 429, Parcel Number 25-29-22-33-0042 is hereby
reassessed in the total amount of $475.00.
3. That the revised and reduced assessment stated hereinabove
.shall constitute the special assessment for local
Improvement Project Number 86-03 A & B as it pertains to
the parcel described herein.
4. The City Clerk shall forthwith transmit a certified
duplicate of this amended and reduced assessment to the
County Auditor to be extended on the property tax list of
the County and such assessments shall be collected and
paid over in the same manner ae other municipal taxes.
Seconded by Councilmember Bastian. Ayes - Mayor Anderson, Councilmembera
Bastian, Juker and Rossbach
22 4-23-9 L-
Councilmember Zappa abstained.
ADJOURNMENT
Councilmember Juker moved to adiourn the meeting at 10:40 P.M. to enter into a
closed session for legal counsel/client meeting to discuss the Shafer Contracting
- litigation
Seconded by Councilmember Rossbach. Ayes - all.
City Clerk
23 4-23-90