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HomeMy WebLinkAbout10-14-91 MINUTES OF MAPLEWOOD CITY COUNCIL • 7:00 P.M., Monday, October 14, 1991 Council Chambers, Municipal Building Meeting No. 91-19 ''q. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present _ George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES 1. Council/Manager Meeting of September 17, 1991 Councilmember Zappa moved to aparove the minutes of September 17. 1991 Council/Manager Meeting as presented. Seconded by Councilmember Rossbach Ayes - all 2. Council/Manager Meeting of September 18, 1991 Councilmember Zappa moved to approve the minutes of September 18, 1991 Council/Manager Meeting as presented. Seconded by Mayor Bastian Ayes - M a y o r B a s t i a n, Councilmembers Carlson, Rossbach, Zappa Nays - none Abstain - Councilmember Juker 3. Meeting No. 91-18 (September 23, 1991) Mayor Bastian moved to table the minutes of Meeting No 91-18 (September 23 1991) until October 28. 1991. Seconded by Ayes - all EA. PRESENTATION 1. Proclamation - RED RIBBON WEEK - October 20-26 a. Manager McGuire presented the staff report. b. Marilyn Vars, District 622 Board Member spoke regarding the Red Ribbon Campaign. 1 10-14-91 c. Mayor Bastian introduced the following aroclamation and .moved its adoption: PROCLAMATION WHEREAS, alcohol and other drug abuse has reached epidemic proportions in our nation, inflicting its pain, destruction, and death on all ages and economic groups; and WHEREAS, abusive use of chemicals is often the underlying cause of crime and violence, endangering citizens and diminishing the quality of community life; and WHEREAS, visible unified preventative efforts are needed to reduce the demand for drugs and to educate our young people fora drug-free future; and WHEREAS, THE PARTNERSHIP is sponsoring the FOURTH ANNUAL RED RIBBON CAMPAIGN October 20-26, 1991 as part of a nationwide effort to show citizen commitment to drug-free communities; and WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, youth, senior citizens, and other individuals will demonstrate their commitment to drug-free, healthy lifestyles by displaying red ribbons during the week-long campaign; and WHEREAS, the community of Maplewood commits its resources to ensure the success of the Red Ribbon Campaign. NOW, THEREFORE, BE IT RESOLVED, that the City Council and I, Gary W. Bastian, Mayor of the City of Maplewood, do hereby proclaim October 20-26 as RED RIBBON WEEK and encourages its citizens to participate in drug awareness and prevention activities, making a visible statement that we are strongly committed to a drug-free community. BE IT FURTHER RESOLVED, that the City of Maplewood encourages all its citizens to pledge: "Proud to be...Drug Free". IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Maplewood to be affixed this 14th day of October in the year of our Lord one thousand nine hundred and ninety-one. Seconded by Councilmember Zappa Ayes - all E. APPROVAL OF AGENDA Mayor Bastian moved to aoorove the Agenda as amended: 1. Hazmat 2. Liquor License Ordinance 3. Apartments at 35E & Larpenteur 4. ADA 5. Communication - Dogs At Large 6. Mayor's Update 7. Schedule Council/Manager Meeting Seconded by Councilmember Zappa Ayes - alt 2 10-14-91 F. CONSENT AGENDA Councilmember Zappa moved, seconded by Councilmember Carlson: aves - all, to aaarove the consent agenda items F-2. F-4 through F-8 and F-10 through F-12 as recommended. (Items F-1. F-3 and F-9 moved to become items J-9. J-10 and J-11 resoectively. 1. Approval of Claims Moved to become Item J-9 2. 1991 Budget Adjustment: 2050 White Bear Avenue Approved a 1991 Budget adjustment to reflect an increase in estimated revenues of $16,200 and an increase in estimated expenditures of $1,400 to associated with the property at 2050 White Bear Avenue. 3. Final Plat: Edgerton Pond Moved to become Item J-10 4. Final Plat: Kohlman Lake Overlook No. 2 Approved the final plat for Kohlman Lake Overlook No. 2, a 24-lot plat for single dwellings at Beam Avenue and Walter Streets. 5. SCORE Grant Authorized an application to Ramsey County for $63,664.37 in SCORE grant money for recycling and waste reduction. 6. Conditional Use Permit: 1201 Frost Avenue Ended the Conditional Use Permit for used car sales at 1201 Frost Avenue by Jonathon and Timothy Skon operating as S & S Auto, due to discontinuance of sales and expiration of the license. 7. Final Payment: 1991 Overlay Project Approved final payment to Total Asphalt, Inc. in the amount of $76,167.15 for completion of the 1991 Bituminous Overlay, Project 91-04. = 8. Budget Transfer: Environmental Health Approved a transfer from the Contingency Fund to the Environmental Health Budget to cover costs associated with licensing the City relative to hazardous waste generations. 9. Replacement of Assistant Finance Director Moved to become Item J-11 10. Ambulance Bill: Application for Cancellation Approved cancellation of a $155 ambulance bill for Kenneth Erickson. il. Approval of Election Judges Approved the following Resolution appointing election judges for the November 5, 1991 General Election: 3 10-14-91 Resolution 91 - 10 - 128 APPOINTMENT OF ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 1991 General Election, Tuesday, November 5, 1991. PRECINCT #1 PRECINCT #8 Karl Biebighauser, Chairman Lorraine Fischer, Chairman Irene A. Ling Rita May Frederickson Milo Thompson Edith Stottlemyer Rose Marie Manders PRECINCT #9 PRECINCT #2 Lucille Cahanes, Chairman Pat Thompson, Chairman Delores Schipp Jean Dickson Margaret McDonald Kathleen P. Dittel Phyllis Lofgren Evelyn Axdahl Ruth Lang PRECINCT #3 PRECINCT #10 Richard Wolszon, Chairman Pat Werden, Chairman Doris Broady Diane Galaski Annette LaCasse Ann Fosburgh Alice Miller Mary Lou Lieder PRECINCT #4 PRECINCT #il Le Ann Kaup, Chairman Shirley Luttrell, Chairman Thelma Ling Mable Abbott Caroline Warner Helen King Betty Eddy Delores Lofgren PRECINCT #5 PRECINCT #12 Elsie Wiegert, Chairman Mary Libhardt, Chairman Emma Klebe Mildred Dehen Phyllis Erickson Audrey Duellman Marcella Watson Deloris Fastner PRECINCT #6 PRECINCT #13 Kathy Supan, Chairman Donald Wiegert, Chairman Sandy Jones Ted Haas Gunborg Mowchan Richard Lofgren Judy Widholm Bill Schnellman Lorraine Steinbring PRECINCT #14 PRECINCT #7 Margaret Earley, Chairman Betty Haas, Chairman Grace Locke Armel Podgorski Elsie Anderson Joan Cottrell 4 10-14-91 12. Certification of Delinquent Sewer Bills Approved the following Resolution authorizing certification of delinquent sewer bills to property taxes: Resolution 91 - 10 - 129 CERTIFICATION OF DELINQUENT SEWER BILLS RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached list of delinquent sewer rental charges and hydrant charges, said list made apart herein, for certification against the tax levy of said property owners for the year 1991, collectible in 1992, and which listing includes interest at the rate of seven percent (7~) on the total amount for one year. Total amount to be certified: $109,467.14 Councilmember Zappa moved the suspend the Rules of Procedure and amend the Agenda to change new Item J-10 (formerly Item F-3 on the Consent Agenda) to become Item I-lA. - Mayor Bastian seconded the motion. Ayes - all G. PUBLIC HEARINGS 1. 7:00 p.m. (7:10 p.m.): Assessment Hearing - McKnight Road, Beaver Lake to Larpenteur - Project 81-20. a. Mayor Bastian convened the meeting for a public hearing regarding Project 81-20 assessment rolls. 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: Jeff Jarpe, attorney representing Hillcrest Development Rick Arcan, 1600 McKnight Road Phillip Oswald, 2676 English (owns property on McKnight) Ray Horwath, 2011 Prosperity Rd. (owns property on McKnight) Teresa Potter, McKnight Road f. Mayor Bastian closed the public hearing. g. Councilmember Zappa introduced the following Resolution and moved its adoption: 91 - 10 - 130 ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of McKnight Road Phase One: Larpenteur Avenue to Beaver Lake as described in the files of the City Clerk as Project 81-20, and has amended such proposed assessment as it deems just, 5 10-14-91 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fourteen years, the first of the installments to be payable on or after the first Monday in January 1992, and shall bear interest at the rate of nine percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are. not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Juker Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa - Nays - Mayor Bastian 2. 7:20 p.m. (7:58 p.m.): Assessment Hearing - McKnight Road, Larpenteur to T.H.36, Project 87-04 a. Mayor Bastian convened the meeting for a public hearing regarding Project 87-04 assessments. b. Manager McGuire presented the staff report. c. City Attorney Kelly explained the procedure for public hearings. 6 10-14-91 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: Renold G. Nielsen, 1695 McKnight Road Donna Peterson, 1755 No. McKnight Road f. Mayor Bastian closed the public hearing. g. Councilmember Zappa introduced the following Resolution and moved its adootion: 91 - 10 - 131 ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of McKnight Road Phase Two: Holloway Avenue to Larpenteur Avenue as described in the files of the City Clerk as Project 87-04, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of eighteen years, the first of the installments to be payable on or after the first Monday in January 1992, and shall bear interest at the rate of nine percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 7 10-14-91 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Council member Juker Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian 3. 7:40 p.m. (8:14 p.m.): Assessment Hearing - McKnight Road, Conway Ave. to Beaver Lake, Project 87-05 a. Mayor Bastian convened the meeting for a public hearing regarding - Project 87-05 assessments. 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 reporto e. Mayor Bastian opened the public hearing, calling for proponents. or opponents.( The following persons were heard: Mark Essling, Attorney representing Mr. & Mrs. John, 2359 & 2335 Stillwater Rd. Aileen Fretsch, 812 No. McKnight Road Judy Englebretson, representing her mother, Mrs. Albert Lepsche John Holman, Stillwater Road Ed Mollett, 995 Lakewood Drive Delores Mollett, 995 Lakewood Drive Mike Klein, 2334 Stillwater Road _ Andre Zdrazil, Gethsemane Lutheran Church Jean Messersmith, Gethsemane Lutheran Church Heidi Rutherford, 2341 Stillwater Road Gladys Sundberg, 796 McKnight Road f. Mayor Bastian closed the public hearing. g. Councilmember Zappa introduced the following Resolution and moved its adoption: 91 - 10 - 132 ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of McKnight Road Phase Three: Beaver Lake to Conway Avenue as described in the files of the City Clerk as Project 87-05, and has amended such proposed assessment as it deems just, I 8 10-14-91 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of eighteen years, the first of the - installments to be payable on or after the first Monday in January 1992, and shall bear interest at the rate of nine percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The.Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Juker Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian 4. 8:00 p.m. (8:46 p.m.): Assessment Hearing - Footprint Lake Storm Sewer, Project 87-32 a. Mayor Bastian convened the meeting for a public hearing regarding the assessments for the Footprint Lake Storm Sewer. 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. ~ 9 10-14-91 e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard:- Kevin Catlan, 1725 Laurie Road Chris Fena, 1733 Laurie Road George Ostrand, 1695 Ames Pat Horan, 2034 Hazelwood Mark Manderscheid, Attorney representing Corner Kick Soccer Ray Horwath, 2011 Prosperity Road (in favor) Franklin Sanders, 2081 Prosperity Bruce Wicklund, 1501 E. County Road B Dennis Bernards, 1513 E. County Road B Shelly Krueger, 1519 E. County Road B Bill Dentinger, 1507 E. County Road B Leonard Bisek, 1512 E. Sandhurst Bonnie Gear, owner of apartments at County Road B and Hazelwood - Elaine Beyer, 2034 English Street John Dresslin, 1391 Skillman Thomas LaBorre, 1655 E. Sextant Paul Lowry, 1580 E. Grandview Bruce Meyer, representing Dayton's Bluff Sheet Metal John Kavanagh, 758 Fourth Street, representing Warren Madigan - (10-29-22-42-0032) f. Mayor Bastian closed the public hearing. g. Councilmember Zappa introduced the followino Resolution and moved its adoption: 91 - 10 - 133 ADOPTION OF THE ASSESSMENT ROLL , WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Footprint Lake Trunk Storm Sewer as described in the files of the City Clerk as Project 87-32, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of nineteen years, the first of the installments to be payable on or after the first Monday in January 1992, and shall bear interest at the rate of nine percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 10 10-14-91 _ 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of _ this improvement paid for from municipal funds by levying additional assessments on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Juker Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian Council directed staff to check on various items, including a driveway on County Road B, damage to Sandhurst Drive and standing water at County Road B & Birmingham. Council will meet on October 28, 1991 to make decisions on the appeals. 5, 8:20 p.m. (10:07 p.m.): HealthEast a. Mayor Bastian convened the .meeting for a public hearing regarding HealthEast financing. b. Manager McGuire presented the staff report. c. Mary Ippel, Briggs and Morgan, 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 introduced the following Resolution and moved its adootion: 91 - 10 - 134 RESOLUTION RECITING A PROPOSAL FOR A PROJECT AND GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT It is hereby found, determined and declared: 11 10-14-91 (a) Under the enactment by the Minnesota Legislature of Sections 469.152 through 460.165 of the Minnesota Statutes, which is cited as the "Municipal Industrial Development Act" (the "Act"), the Housing and Redevelopment Authority of the City of South St. Paul (the "South St. Paul HRA"), the City of Maplewood, Minnesota (the "City") and The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "Saint Paul HRA") are authorized to issue health care facilities 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 (b) In enacting the Act the Legislature found that the welfare of the State of Minnesota requires the active promotion, attraction, encouragement and development of economically sound industry and commerce to prevent, as far as possible, the emergence of blight and areas of chronic unemployment and to prevent economic deterioration; that new areas of employment opportunity for educated youth of the communities in those communities should be retained and created; and that the welfare of the State of Minnesota requires provision of necessary welfare and health care facilities, to the end that adequate health care services be made available to residents of the state - at reasonable costs; and (c) Acting on the basis of the common powers of the City, the Saint Paul HRA and the South St. Paul HRA conferred by the Act, HealthEast (the "Borrower") has proposed that the City, the Saint Paul HRA and the South St. Paul HRA enter into a consent agreement (the "Consent Agreement") under Minnesota Statutes, Sections 469.152 through 469.165 pursuant to which the South St. Paul HRA, the Saint Paul HRA and the City would issue health care facilities revenue bonds (which may be in the form of a single note) (the "Revenue Bonds") to (i) finance the acquisition 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 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 Cities of Maplewood, South St. Paul and Saint Paul (the "Cities") and (ii) to discharge certain indebtedness previously incurred by Borrower or a wholly owned subsidiary or affiliate = of Borrower with respect thereto (collectively the "Project") as more fully set forth in the Notice of Hearing hereinafter described; and _ (d) The Borrower has proposed that the South St. Paul HRA issue Revenue Bonds for the purpose of financing the Project, including certain incidental expenses thereto and the funding of any debt service reserve, in an approximate maximum aggregate principal amount of $26,500,000; and the proposal calls for the Borrower to enter into a revenue agreement (the "Revenue Agreement") with the South St. Paul HRA wherein the Borrower will be obligated to make payments under the revenue agreement at the times and in the amounts sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Revenue Bonds and all costs and expenses of the Saint Paul - HRA, the City and the South St. Paul HRA incident to the issuance and sale of the Revenue Bonds; and 12 10-14-91 (e) The undertaking of the proposed Project and the issuance of the Revenue 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 health care operations of the Borrower and its affiliates in the Cities; and (f) Neither the full faith and credit of the Cities or the South St. Paul HRA or Saint Paul HRA will be pledged or responsible for the Project or for the payment of the principal of, premium, if any, and interest on the Revenue Bonds; and (g) The City, pursuant to Minnesota Statutes, Section 469.154, Subdivision 4, did publish a notice, a copy of which with proof of publication is on file in the office of the City Clerk of the City, City Hall, Maplewood, Minnesota, of the public hearing on the proposal of the Borrower that the South St. Paul HRA, acting pursuant to the Consent Agreement, finance the Project and the City did conduct a public hearing pursuant to said notice, at which hearing all persons who appeared at the hearing were given an opportunity to express their views with respect to the proposal which notice, publication and hearing are hereby in all respects approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "City Council") as follows: 1. The City Council hereby given preliminary approval to the proposal of Borrower that the South St. Paul HRA, acting pursuant to the Consent Agreement, issue the Revenue Bonds in one or more series pursuant to the Act, and pursuant to the Revenue Agreement upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal. of and interest on the Revenue Bonds in the total maximum aggregate principal amount of approximately $26,500,000 to be issued pursuant to the Act to finance the Project. 2. On the basis of information available to this City Council it appears, and the City Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in providing health care services within the meaning of Subdivision 2d of Section 469.153 of the Act; that the Project furthers the purposes stated in Section 469.152, Minnesota Statutes; that the availability of the financing under the Act and willingness of the South St. Paul HRA, acting pursuant to the Consent Agreement, to furnish such financing was a substantial inducement to Borrower to undertake the Project, and that the effect of such financing, if undertaken, will be to assure that adequate health care services will be made available to the residents of the state at reasonable costs and will otherwise further those other purposes set forth in Minnesota Statutes, Section 469.152. 13 10-14-91 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Minnesota Commissioner of Trade and Economic Development, and subject to the final approval by the South St. Paul HRA, Borrower and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project. 4. In accordance with Subdivision 3 of the Section 469.154, Minnesota Statutes, the City hereby authorizes and requests the South St. Paul HRA to submit, pursuant to the Consent Agreement, the proposal for the project to the State Commissioner of Trade and Economic Development requesting approval; and other officers, employees and agents of the City are hereby authorized to cooperate with the South St. Paul HRA in closing and to provide the Commissioner of Trade and Economic Development with such preliminary information as he may require. 5. Borrower has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the State Commissioner of Trade and Economic Development will be paid by Borrower. _ 6. The original purchaser of each series of Bonds, and Briggs and Morgan, Professional Association, acting as bond counsel, are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the attorney of the South St. Paul HRA, the Borrower and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the South St. Paul HRA for final approval. 7. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the South St. Paul HRA for this purpose or authorizing issuance of the Revenue Bonds on behalf of the City. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 14 10-14-91 8. The actions of the City's staff in causing public notice of the public hearing and in describing the general nature of the Project and estimating the principal amount of the Revenue Bonds to be issued to finance the Project and cooperating with the South St. Paul HRA in preparing a draft of the proposed application to the State Commissioner of Trade and Economic Development, for approval of the Project, which has been available for inspection by the public in the office of the City Clerk, City Hall, Maplewood, Minnesota, from and after the publication of notice of the hearing, are in all respects ratified and confirmed. 9. The Mayor and City Clerk of the City are hereby authorized and directed to enter into and execute on behalf of the City the Consent Agreement for the Project in substantially the form presented to the City at this meeting. Seconded by Councilmember Carlson Ayes - all H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS lA. Final P1 at: Edgerton Pond (Moved from F-3) a. Councilmember Juker questioned several aspects of the Edgerton Pond Addition. b. A representative of Probe Engineering spoke on behalf of the final plat. c. Councilmember Juker moved to approve the final plat for Edgerton Pond Seconded by Councilmember Zappa Ayes - all to Request for Stop Signs: McKnight and Holloway a. Manager McGuire presented the staff report. b. Mayor Bastian moved to forward a letter to Ramsev to request stop signs be placed at McKnioht and Hollowav to ask North St Paul to support the Council's request Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa 2. Proposed Community Center Project a. Manager McGuire presented the staff report. Mayor Bastian moved. to suspend the Rules of Procedure and extend the meeting past the deadline. Seconded by Councilmember Zappa Ayes - all 15 10-14-g1 b. Councilmember Zappa moved to abort the Communitv Center pro.iect. Motion died for lack of a second. c. Councilmember Rossbach moved to proceed with the Maplewood Communitv Center Planning~rocess and have the City Councilmembers define the contents of the facility - the definition is to take place from a survey of the Councilmembers and Advisory Committee members using the "wish list" included in the Advisory-Committee's report, and be completed by October 21. 1991. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach Nays - Councilmembers Juker, Zappa 3. Informational Signs in City Parks a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to take no action on informational signs. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers Juker, Zappa Nays - Councilmembers Carlson, Rossbach J. NEW BUSINESS 1. Speed Limits - 11th and Gervais Avenues from Ariel to T.H.61 a. Manager McGuire presented the staff report. b. Councilmember Zappa moved that the Council request a speed study and speed limit authorization from the Commissioner of Transportation for 11th Avenue from Ariel Street to White Bear Avenue and for .Gervais Avenue to T.H.61. Seconded by Councilmember Rossbach Ayes - all 2. Easement Agreement - Project 89-05 a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa moved to approve and execute an easement agreement with Ramsey County with a cash payment not to exceed $25,000 and further to increase the Pro.iect 89-05 budget by $25.000 to be financed by special assessments. Seconded by Councilmember Ayes - all 3. Lot Coverage Request:. Ivy Ave. & Mayhill Road a. Manager McGuire presented the staff report. b. Associate Planner Tom Ekstrand presented the specifics of the report. 16 10-14-91 c. Mike Jordan,. representing AccessiBuilding Corp. spoke on behalf of the proposal. d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Elizabeth Gysbers, 1300 Farrell Roger Kronholm, 1259 Farrell e. Councilmember Rossbach moved to deny the request to cover more than 30% of the lot area. because this double dwelling is not consistent with the character of the neighborhood. Seconded by Councilmember Zappa Ayes - all 4. Preliminary Plat Revisions & Time Extension: Hillwood Oaks No. 2 a. Manager McGuire presented the staff report. b. Associate Planner Ekstrand presented the specifics of the report. c. Mayor Bastian moved to aoarove a one-year time extension for the Hillwood Oaks Number 2 preliminarv olat sub.iect to the developer's completion of the followinq conditions before final plat aoaroval: 1. Move the lot line between Lots 2 and 3, Block one slightly to the East. This is so the rear corner of these lots meets the rear corner of Lots 5 and 6, Block One, South Oaks Second Addition. 2. Deed Outlot A to the property owner to the South. If this owner does not want Outl of A, the developer shal l combine Outl of A with Lot 5, Block 2. 3. Approval by the City Engineer of final grading, utility, drainage, erosion control, tree and street plans before any further grading or construction occurs. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control Handbook. a. A proposed building pad elevation and contour information far each home site, as well as the areas to be disturbed for the construction of the streets and the storm water pond. Housing styles shall be illustrated which minimize grading on the sites that have trees to be preserved. Deviation from this approved grading plan may be permitted by the City Engineer, provided that the intent of the overall grading plan is complied with. 4. Approval by the Director of Community Development of a tree plan. The Director must approve this plan before any grading begins or the City approves the final plat. 5. Approval by the City Engineer of a signed developer's agreement and escrow for any uncompleted public improvements and tree planting required by the City. This agreement shall include, but not be limited to: 17 10-14-91 a. The installation of a street light at the intersection of Hillwood Drive and McKnight Road. The exact location and type of light shall be subject to the City Engineer's approval. b. The removal of the temporary cul-de-sac for Hillwood Drive and the construction of a permanent Hillwood Drive street section (curb, gutter, etc.). This is to include the restoration of the temporary cul-de-sac area to an acceptable grade with a grass surface. c. The installation of an eight-inch water main for the ~ South Oaks Addition. d. Fencing around the storm water pond. 6. The developer shall complete the final grading for all lots along Hillwood Drive with the construction of the street and utilities. The City Engineer may require retaining walls in areas with steep slopes (those exceeding 3:1) and in those areas ' to save large trees. Seconded by Councilmember Zappa Ayes - all 5. Infrared Photos of City ' a. Manager McGuire presented the staff report. b. Mayor Bastian moved to approve up to $1.000 from the Contingency Fund for the ' infrared ahotographs which will be oreaared by the Department of Natural Resources and to authorize staff to recoua the costs by selling conies of the hoP tos• Seconded by Councilmember Rossbach Ayes - all i 1 6. Preliminary Approval of 1991 Improvement Bonds and Capital Notes l a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the following Resolution and moved its adoption: 91 - 10 - 135 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATION OF X320,000 GENERAL OBLIGATION CAPITAL NOTES, SERIES 19916 A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore found that the amount of the notes to be issued does not exceed one quarter of one percent (0.25) of the market value of the taxable property in the City; and it is hereby determined that it is necessary and expedient to issue its $320,000 General Obligation Capital Notes, Series 19916 (the "Notes") to purchase computer equipment and software for the City; and 18 10-14-91 B. WHEREAS, the City intends to retain Springsted Incorporated, in St. Paul, Minnesota ("Springsted"), as an independent financial advisor and therefore has determined to sell these obligations pursuant to competitive negotiation in accordance. with Minnesota Statutes, Section 475.60, Subdivision 2(g); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization: Findings. The City hereby authorizes Springsted to act as its independent financial advisor for the negotiation of the Notes and to submit advertised competitive bids for the Notes; provided that no bid shall be accepted until the City Council adopts a resolution accepting the bid for the Notes; and it is further found, determined and declared that this City should issue the Notes. 2. Meeting: Bid Opening This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Notes. The Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Notice of Note Negotiation. Springsted is hereby authorized and directed to cause notice of said meeting to be published in accordance with their recommendations. 4. Terms of Proposal. The terms and conditions of the Notes and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby made a part hereof. 5. Competitive Negotiation: Official Statement. In connection with. - said competitive negotiation, the Clerk, Manager, Deputy Clerk, Assistant Manager, Finance Director and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Notes, and to execute and deliver it on behalf of the City upon its completion. Seconded by Councilmember Carlson Ayes - all 7. User Fee Study a. Manager McGuire presented the staff report. b. Councilmember Juker moved to deny the request for a user studv. Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers Juker, Rossbach, Zappa Nays - Councilmember Carlson Councilmember Zappa suggested that Staff should investigate whether one of the organizations that the City belongs to could do the study. 19 10-14-91 8. Sign Plan Review: Knowlan's Supermarkets, Inc., 2720 and 2730 Stillwater Road a. Manager McGuire presented the staff report. b. Associate Planner Ekstrand presented the specifics of the proposal. . c. Mayor Bastian moved to adoot the CDRB recommendation as follows: 1. Approve a special permit for the Midvale Center sign on the above-roof parapet. 2. Approval of the sign plan dated October 1, 1991 for Midvale Center, 2720 and 2730 Stillwater Road. The new signs for 2720, the Knowlan's building, shall be installed right away. The signs and canopy for 2730, Oakdale Pharmacy, shall be installed one year later. d. Vern Throen, Knowlan's Supermarket, spoke on behalf of the project. Seconded by Councilmember Carlson Ayes - all 9. Approval of Claims a. Councilmember Juker moved to direct staff to define the travel and - training expenses for the past month. Seconded by Mayor Bastian Ayes - all b. Mayor Bastian moved to approve the Approval of Claims as follows: ACCOUNTS PAYABLE: $2,482,353.60 Checks #22703 - #24736 Dated 9-12-91 thru 9-30-91 $ 218.834.93 Checks #14895 - #15072 Dated 10-14-91 $2,701,188.53 Total per attached voucher/check register PAYROLL: $ 190,367.66 Payroll Checks dated 9-27-91 $ 38.161.86 Payroll Deductions $ 228,529.52 Total Payroll ` $2,929,718.05 GRAND TOTAL 10. Final P1 at: Edgerton Pond Moved to become Item I-lA il. Replacement of Assistant Finance Director a. Councilmember Juker stated that she feels the position does not need to be filled. b. Manager McGuire presented the staff report. 20 10-14-91 c. Councilmember Carlson moved to fill the vacancy of the Assistant Finance Director position. Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS I. HAZMAT a. Councilmember Zappa commented regarding the purchase of a vehicle for the HAZMAT Program. He feels this should be carefully studied, and suggested that perhaps the City could have joint agreements with other cities. b. This will be discussed at a Council/Manager meeting. Councilmember Zappa moved to table items L-2. L-3 and L-4. Seconded by Mayor Bastian Ayes - all 5. Dogs at Large a. Mayor Bastian moved the Citv send a letter to School District 622 regarding the dog and cat waste problem on public grounds Seconded by Councilmember Juker Ayes - all 6. Mayor's Update Mayor Bastian provided Council with dates of upcoming meetings. M. ADMINISTRATIVE PRESENTATIONS 1. Schedule Council/Manager Meeting a. Manager will contact Council with available dates. N. ADJOURNMENT OF MEETING 11:49 Lucille E. Aurelius City Clerk 21 10-14-91