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