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HomeMy WebLinkAbout09-23-1996 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 23, 1996 Council Chambers, Municipal Building Meeting No. 96-19 a. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Sherry Allenspach, Councilmember Present.. Dale H. Carlson, Councilmember Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Council/Manager Workshop of September 3, 1996 Councilmember Allenspach moved to approve the. minutes of Council/Manager Meeting of September 3 1996 as presented. Seconded by Councilmember Koppen Ayes all 2. Minutes of Meeting 96-16, (September 9, 1996) Councilmember Carlson moved to approve the minutes of Meeting No. 96.18 (September 9 1996) as presented. - Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach, Carlson, Koppen, Rossbach Nays - none Abstain - Mayor Bastian E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L1 Mayor's Update M1 Workshop Seconded by Councilmember Allenspach Ayes - a1T EA. APPOINTMENTS/PRESENTATIONS NONE COUNCILMEMBER KOPPEN INTRODUCED SCOUT TROOP 73 WITH THEIR LEADER, TOM ROSSBACH. ATTENDANCE AT A COUNCIL MEETING IS A REQUIREMENT FOR 2ND CLASS RANK. 1 9-23-96 F. CONSENT AGENDA: Councilmember Carlson moved to accept the request to table Item F-3 until the October 14 Council Meeting. Seconded by Councilmember Carlson Ayes -.all Councilmember Carlson moved. seconded by Councilmember Koppen: aver - all. to approve the Consent Agenda, Items F-l. F-2. F-4 thru F-19 as recommended. Councilmember Carlson moved to table Item F-20 for further action by Briggs and Morgan. Seconded by Councilmember Koppen Ayes - all 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 33,216.63 Checks #6646-#fi651 Dated 8-29-96 thru 8-30.96 $ 173,325.69 Checks #27707-#27781 Dated 9-10-96 $ 674,687.09 Checks #fi652-#6684 Dated 9-3-96 thru 9-10-96 $ 190.480.91 Checks #27786-#27926 Dated 9-17-96 $1,071,710.32 Total Accounts Payable PAYROLL: $ 274,171.35 Payroll Checks Dated 9-6-96 $ 48.586.89 Payroll Deduction Checks #5240-#54253 Dated 9.6.96 $ 322,758.24 Total Payroll $1.394.468.56 GRAND TOTAL 2. Preliminary Plat Time Extension - Beth Heights Third Addition (Sterling and Ferndale Streets) Approved a one-year time extension for the remainder of the Beth Heights Addition preliminary plat, subject to the September 27, 1993 conditions and approval. 3. Highwood Estates Number 4 Preliminary Plat (Highwood Avenue) a) Development on Slopes - Findings to Deny b) Preliminary Plat c) Street Width Code Variation REMOVED FROM AGENDA - TABLED TO OCTOBER 14, 1996 4. Pleasantview Park No. 3 Preliminary Plat (Crestview and Lakewood Drives)-Findings t Deny Denied the application for approval of Pleasantview Park No. 3 Preliminary Plat 2 9-23-9F 5. St. Paul Business Center West Conditional Use Permit Review (225-255 Roselawn Avenue) Reviewed and renewed for five years the Conditional Use Permit for a 108,000 square-foot commercial office and warehouse development north of Roselawn Avenue and west of Interstate 35E. 6. St. Paul Business Center East Conditional Use Permit Review (1983-2025 Sloan Place) Reviewed and renewed for five years the Conditional Use Permit for a 85.000 square-foot commercial office and warehouse development oh Sloan Place. 7. Gervais Avenue, Kennard to Barclay, Project 96-02: Establish Budget Adopted the following Resolution: 96-09-102 ORDER FEASIBILITY STUDY -PROJECT 96-02, GERVAIS AVENUE _ WHEREAS, it is proposed to reconstruct the street and storm sewer on Gervais Avenue, between Barclay Street and Kennard Street, and to assess the - benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be'referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. ` FURTHERMORE, funds in the amount of $10,000 are appropriated to prepare this feasibility report. 8. TH61 Frontage Roads, Project 93-02: Budget Adjustment Authorized increasing the budget for Project 93-02 to $65,975.00 and revising the financing as follows: Assessments $120,929.70 Cooperative agreement (Mn/DOT) 100,000.00 Sewer fund 31,470.00 State aid 422,430.00 Street construction state aid fund 56.610.00 $731,440.00 9. Nature Center Donations Account Authorized the transfer of Nature Center donations of $3,484 out of Account 403-814-000-4720 with appropriate budget adjustments; and accepted with thanks a donation of $657 designated for a bench, plaque and plantings as a 3 9-23-96 memorial for Walter Bakeman, a former Nature Center volunteer, to be placed in account 101.604-000-4600. 10. Resolutions to Approve Transfer of Ownership of Cable Franchise ' Adopted the following Resolutions approving transfer of ownership of Cable Franchise: 96 - 09 - 103 - RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE. TELEVISION FRANCHISEE TO CONTINENTAL WHEREAS, the cable television franchise (the "Franchise") of the municipality of Maplewood (the "Authority") is currently owned and operated by Group W Cable of Ramsey/Washington, Inc. ("Group W") which is owned by Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general partner of MNHSP has entered into a Purchase Agreement dated March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby said general partner is proposed to be replaced by North Central Communications Corp., Continental of Minnesota. Inc. or Continental of St. Paul, Inc., both wholly owned subsidiaries of Continental (the "Meredith/Continental Agreement"); and WHEREAS, Group W will continue to hold the Franchise; and WHEREAS, the Authority has received a request for consent to the transfer of control contemplated by the Meredith/Continental Agreement; and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has determined that subject to certain conditions which must be met, Continental possesses the requisite legal, technical and financial qualifications; NOW, THEREFORE, BE IT RESOLVED, that the transfer contemplated by the - MeredithlContinental Agreement is hereby consented to by the Authority and permitted conditioned upon: 1. Execution and delivery of a Corporate Guaranty from Continental Cablevision, Inc. in the form attached hereto; and 2. Documentation that a wholly owned subsidiary of Continental Cablevision. Inc. is duly admitted as a successor general partner pursuant to the Restated Agreement of Limited Partnership of Meredith/New Heritage Strategic Partners. L.P. dated December 30, 1991 or any amendment thereof; and 3. Reimbursement of all reasonable fees. incurred in the Authority's review of the proposed transactions; and 4. The successful closing of the transaction described in the Meredith/Continental Agreement. BE IT RESOLVED FURTHER, that Continental may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in 4 9-23-96 and to the Franchise (the "Collateral") to any lender providing financing to Continental ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise. 96 - 09 - 104 RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISE TO U S WEST WHEREAS, the cable television franchise (the. "Franchise") of the municipality of Maplewood (the "Authority") is currently owned and operated by Group W Cable of Ramsey/Washington, Inc. ("Group W") which is owned by Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general partner of MNHSP, has entered into a Purchase Agreement dated March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby Group W will be owned by Continental (the "Meredith/Continental Agreement"); and WHEREAS, Continental will guarantee the Franchise obligations pursuant to a Corporate Guaranty; and WHEREAS, the Authority has consented to the transaction described in the Meredith/Continental Agreement; and WHEREAS, Continental intends on merging into US WEST, Inc. or a wholly owned subsidiary of US WEST, Inc., (herein collectively known as "US WEST") pursuant to that certain Agreement and Plan of Merger dated February 27, 1996 (the "Continental/US WEST Agreement"); and WHEREAS, Group W will continue to hold the Franchise: and WHEREAS, the Authority has received a request for consent to the merger of Continental and US WEST (the ContinentalgUS West Merger"); and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding: and WHEREAS, the Authority has determined that subject to certain conditions which must be met, US WEST possesses the requisite legal, technical and financial qualifications: NOW, THEREFORE, BE IT RESOLVED, that the Continental/US West Merger is hereby consented to by the Authority and permitted conditioned upon: 1. Execution and delivery of a Corporate Guaranty from US WEST, Inc. in the form attached hereto; and 2. Securing all necessary federal, state and local government waivers, authorizations, or approvals relating to US WEST's acquisition and operation of the system to the extent provided by law: and 5 9-23-9F 3. Reimbursement of all reasonable fees incurred in the Authority's review of the proposed transactions; and 4. The successful closing of the Transaction described in the Continental/US WEST Agreement. BE IT RESOLVED FURTHER, that nothing herein shall be construed or interpreted to constitute any .approval or disapproval of or consent or non- consent to US WEST's Petition for Special Relief currently pending before the FCC, or any other federal, state, or local government waivers, authorizations or approvals, other than that transaction delineated above. - BE IT RESOLVED FURTHER, that US WEST may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providing financing to US WEST ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise. 11. Donation for Storm Cleanup Services Accepted with thanks a donation of 8100 from a resident in appreciation for removal of tree debris following the August 6-7 storm, and authorized amending the 1996 Budget to designate the 8100 contribution to provide additional landscaping at the Maplewood Nature Center. 12. Fire Department Budget Transfer From Contingency Authorized the transfer of 811,900 from the Contingency Fund to Fire Suppression EMS Fund 101.404-000-4010 to provide funding for the positions of Assistant Fire Chief and Fire Department Secretary. 13. Budget Adjustment - VEM Fund Authorized a VEM budget adjustment in the amount of 813.564.90 to facilitate replacement of the Parks Department's utility vehicle/ball field groomer which has been damaged beyond repair. 14. Financial Transfers to Close Improvement Project 86-27 Authorized appropriate budget adjustments and approved the transfers necessary to close City Project 86-27. 15. Financial Transfers to Close Improvement Project 87-01 Authorized appropriate budget adjustments and approved the transfers necessary to close City Project 87-Oi. 6 9-23-96 16. Budget Change for Finance Department Authorized a transfer of $3,240 from the General Fund Contingency Account to finance higher than expected bank service charges. 17. Application for Cancellation of Ambulahce Bill - Kathleen Elias Authorized cancellation of the $532.60 balance of an ambulance bill for Kathleen Elias of Maplewood on the basis of financial hardship. 18. Application for Cancellation of Ambulance Bill - Dan & Lisa Brausen Authorized cancellation of the $113.32 balance of an ambulance bill for a child of Dan and Lisa Brausen of Little Canada on the basis of financial hardship. 19. Application for Cancellation of Ambulance Bill - George Froehlich Authorized cancellation of the $168.62 balance of an ambulance bill for - George Froelich on the basis of financial hardship. 20. Rental Housing Revenue Bonds. Series 1995 (Carefree Cottages of Maplewood III) TABLED TO OCTOBER 14, 1996 G. PUBLIC HEARINGS 1. 7:00 P.M. (7:12 P.M.): HealthEast Tax-Exempt Financing a. Mayor Bastian convened the meeting for a public hearing regarding a request from HealthEast for approval of tax-exempt bond financing up to $22,000,000 for remodeling and new equipment at St. John's Northeast Hospital. _ b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. - d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Doug Fenstermaker, Chief Financial Officer for HealthEast e. Mayor Bastian closed the public hearing. f. Mary Ippel, Briggs & Morgan, explained the waiver requested. Administrative Fees for Tax-Exempt Revenue Financing h. Councilmember Rossbach moved to set the administrative fee for tax- exempt financin4 at 1 (one) percent of the .financed amount ua to a maximum fee of $28.600.00. Seconded by Councilmember Koppen Ayes - all 7 9-23-9F Tax-Exempt Financing Approval i. Councilmember Rossbach introduced the following Resolution and moved its adoption subiect to the conditions that (a) HealthEast shall meet the Citv's tax-exempt financing requirements and (b) HealthEast shall aav Maplewood an administrative fee of S28 600 at the bond closing: 96 - 09 - 105. 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: (a) Under Minnesota Statutes, Sections 469.152 through 469.1651, cited as the "Municipal Industrial Development Act: (the "Act"), the City of Maplewood, Minnesota (the "City"), and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "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 HRA and the City conferred by the Act, HealthEast, a Minnesota non-profit corporation (it or an affiliate thereof herein the "Borrower") has proposed that the City and the HRA enter into a consent agreement (the "Consent Agreement") under the Act pursuant to which the City would issue health care facilities revenue bonds (the "Revenue Bonds") to 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 wholly-owned subsidiary or affiliate of Borrower, and in the Cities of Maplewood and Saint Paul (collectively the "Cities") (the "Project") as more fully set forth in the Notice of Hearing hereinafter described; and (d) The Borrower has proposed that the City issue its 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 E21,000,000; and the proposal calls for the Borrower to enter into a revenue agreement (the "Revenue Agreement") with the City 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 HRA, and the City incident to the issuance and sale of the Revenue Bonds; and (e) The undertaking of the proposed Project and the issuance of the Revenue 8 9-23-9F 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 in the Cities; and (f) Neither the full faith and credit of the Cities nor the full faith and credit of the HRA will be pledged or responsible for the Project or for the payment of the principal of, premium, if any, and Interest on the Revenue Bonds; and (g) The City, pursuant to Minnesota Statutes, Section 469.154, Subdivision 4, did publish a i~otice of Hearing, a copy of which with proof of publication is on file in the office of the City, of the public hearing on the proposal of the Borrower that the City, 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 "Council") as follows: 1. The City hereby given preliminary approval to the proposal of Borrower that the City, 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 $21,000,000 to be issued pursuant to the Act the finance the Project. 2. On the basis of information available to this Council it appears, and the 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 2(d) 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 City. acting pursuant to the Consent Agreement, to furnish such financing was a substantial inducement to Borrower and its affiliates 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. 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Minnesota Commissioner of the Department of Trade and Economic Development, and subject to the final approval by the City, Borrower and the purchasers of the Revenue Bonds as to the ultimate details of the financing of the Project. 4. In accordance with Subdivision 3 of Section 469.154, Minnesota Statutes, the City Clerk of the City is hereby authorized to submit, pursuant to the Consent Agreement, the proposal for the Project to the State Commissioner of the Department of Trade and Economic Development requesting approval. g 9-23-96 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 the Department of Trade and Economic Development will be paid by Borrower. 6. The original purchaser of the Revenue Bonds, and Briggs and Morgan, Professional Association, acting as bond counsel to the City, are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the attorney of the City, 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 City 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 City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the Cities or the HRA except the revenue and proceeds pledged to the payment thereof, nor shall the Cities or the HRA, 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 any of the Cities or the HRA, to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of any of the Cities or the HRA. 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 any of the Cities or the HRA, within the meaning of any constitutional or statutory limitation. 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 in preparing a draft of the proposed application to the State Commissioner of the Department 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 from and after the publication of notice of the hearing, are in all respects ratified and confirmed. 9. The Mayor and Clerk of the City are hereby authorized and directed to enter into and execute on behalf of the City a Consent Agreement for the Project in substantially the form presented to the City at this meeting. Seconded: by Councilmember Koppen Ayes all Property Tax Waiver Request j. Councilmember Rossbach moved to deny the request to have Maplewood waive to 5140 000 of the future property taxes created by future development on their .Maplewood property. Seconded by Councilmember Koppen Ayes - all 10 9-23-96 2. 7:10 P.M. (7:23 P.M.): Hazelwood Forest Preliminary Plat (County Road C) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal by Mario Cocchiarella, representing Maplewood Development, to develop lots for 21 single-family homes on an 8.5•acre site north of County Road C, east of the Ramsey County Trail. b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Thompson presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Ken Adolph, Schoen & Madson Architects, engineers for the project Mario Cocchiarella, Maplewood Development, the applicant Christeen Stone. 2727 Hazelwood Street Chuck Pierson, 1485 County Road C Catherine Irvin, 2707 Hazelwood Street James Behrens, 1393 Kohlman Mitch Buckley, 2676 Elm Street Dawn Knobe, 1423 Kohlman Chad Olson, 2731 Hazelwood f. Mayor Bastian closed the public hearing... g. City Attorney Kelly explained the legal aspects of preservation of wetlands and development of wetland. h. Councilmember Carlson moved to table action on this proposal until October 14 to obtain additional information and to review and examine the run-off issue and pondina capacity look at a smaller roadbed different setbacks and preservation of trees and sloaes. Seconded by Councilmember Koppen Ayes all 3. 7:30 P.M. (9:07 P.M.): ABRA Auto Body Repair Garage (Rice Street) a. Mayor Bastian convened the meeting. for a public hearing regarding a proposal from Allan Stowe of Barclay, Ltd. to build an ABRA auto body repair shop on Rice Street south of Schroeder Milk. b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Thompson presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Allen Stowe, Barclay Ltd., developer of ABRA Kevin Berglund, 1929 Kingston 11 9-23-96 f. Mayor Bastian closed the public hearing. Lot Division g. Mayor Bastian moved to a rove the lot s lit. creatin the ro osed ABRA site, sub.iect to the fo owin4 conditions: 1. Dedicate a drainage easement to Maplewood for the pond area that is at an elevation of 862 or below. The property owner shall also dedicate a wetland easement over the pond according to the wetland protection ordinance. The applicant or owner shall have the wetland edge delineated around the entire pond. If the wetland delineation encompasses more area than that below the 862 contour elevation, the property owner need only dedicate a wetland and ponding easement as defined by the wetland delineation.. As required by ordinance, the easement(s) shall be dedicated before the City approves the new deeds or issues a building permit for ABRA. 2. Record the new deeds within one year. 3. The City will not sign off on the new deeds to subdivide this property until the easement(s) in condition one is recorded. Seconded by Councilmember Carlson Ayes - all Conditional Use Permit h. Mayor Bastian inthoduced the following .Resolution and moved its adoption: 96-09-106 CONDITIONAL USE PERMIT - MAINTENANCE GARAGE WHEREAS. Allan Stowe, of Barclay, Ltd, applied for a conditional use permit to build a maintenance garage. WHEREAS, this permit applies to the property south of 2080 Rice Street. The legal description is: (THE LEGAL DESCRIPTION WILL BE FILLED IN ONCE THE LOT SPLIT IS RECORDED WHICH WOULD CREATE THE MAINTENANCE GARAGE SITE) WHEREAS, the history of this conditional use permit is as follows: 1. On August 19, 1996 the Planning Commission recommended that the City Council approve this permit. 12 9-23-9F 2. The City Council held a public hearing on September 23, 1996. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations I of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described conditional use permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into .the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year of Council approval or the permit shall become null and void. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. The applicant or property owner must record the deed creating the ABRA site before the City will submit the CUP resolution to Ramsey County for filing. 13 9-23-96 5. Pre-treatment of storm water run-off, in a manner directed by City Council, may be required to preserve the adjacent wetland where the ABRA site drains. Seconded by Councilmember Carlson Ayes - all Design Approval i. Mayor Bastian moved to approve the buildin4 elevation plans stamped Julv 19. 1996 and the site plan stamped August 12. 1996 for a new ABRA auto bodv shoes on Rice Street. south of Schroeder Milk. with the developer to do the followin4: 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. Complete the following before the City issues a building permit: a. Provide the following for the City Engineer's approval: - 1) Dedicate a drainage easement to Maplewood for - the pond area that is at an elevation of 862 or below. The property owner shall also dedicate a wetland easement over the pond according to the wetland protection ordinance. The applicant or owner shall have the wetland edge delineated around the entire pond. If the wetland delineation encompasses more area than that below the 862 contour elevation, the property owner need only dedicate a wetland and ponding easement as defined by the wetland delineation. 2) Submit a grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall comply with ordinance requirements. The drainage plan shall include replacing the bituminous Swale with a pervious material. b. Revise the site plan as follows: 1) Widen the 24-foot-wide entrance drive to 32 feet as required by MnDOT. 2) Show the location of in-ground lawn irrigation lines and sprinklers. c. Provide a lighting plan that includes lighting on the north side of the building for the garage door entries and adequate lighting for customer parking areas. d. Provide a screening plan for any roof-top mechanical equipment that is visible from the street or adjacent properties. 3. Complete the following before occupying the building: a. Install signs along the edge of the wetland. These signs shall state that there shall be no mowing. draining, cutting of vegetation, filling, adding any structures or dumping beyond this point. b. Replace property irons removed because of this construction. c. Install a reflectorized stop sign, a handicap-parking sign for each handicap-parking space and an address on the building. 14 9-23-9F d. Screen all roof-mounted equipment visible from streets or adjacent property. e. Install and maintain an in•ground sprinkler system for all landscaped areas. 4. If any required work is not done, the City may allow temporary occupancy if: a. The City determines that the work is not essential to the public health, safety or welfare. b. The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150X of the cost of the unfinished work.' c. The City receives an agreement that will allow the City to complete any unfinished work. 5. Construct the screening walls on the sides of the trash dumpster areas as shown on the plans. The applicant does not have to screen this area from the east. 6. The building colors and materials shall match the ABRA in Maplewood along Highway 61. 7. All work shall follow the approved plans. The Director of Community Development may approve minor changes. Seconded by Councilmember Carlson Ayes - all Approval to Use Roseville Water System j. Mayor Bastian moved to authorize the applicant to submit a request to the Citv of Roseville to connect to their public water svstem for the proaosed ABRA Auto Bodv Shop on Rice Street south of Schroeder Milk. Seconded by Councilmember Carlson Ayes - all 4. 7:40 P.M.: Cue Clubs of Minnesota Billiard Parlor - Crown Plaza (1700 Rice Street) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal by John Alexis of Cue Clubs of Minnesota, Ind., to open a billiard parlor in the Crown Plaza Shopping Center at 1700 Rice Street. b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the = report. d. Commissioner Thompson presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: John Alexis, the applicant Kevin Berglund, 1929 Kingston f. Mayor Bastian closed the public hearing. 15 9-23-96 Conditional Use Permit g. Councilmember Bastian introduced the followin4 Resolution and moved its adoption: ' 96 - 09 - 107 CONDITIONAL USE PERMIT - BILLIARD PARLOR, 1700 RICE STREET WHEREAS, John P. Alexis of Crown Amusement applied for a conditional use permit to run an indoor place of amusement or recreation (a billiard parlor) in an existing building in a BC (business commercial) zoning district. WHEREAS, this permit applies to the property at 1700 Rice Street, Suite A. The legal description is: Parcel L Lot 13, Block 6, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota, together with that part of the vacated alley which accrued thereto by reason of the vacation thereof. Parcel 2. Lot 3, except, Railway and Lots 4 through 8, Block 6, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota, together with that part of the vacated alley accruing thereto by reason of the vacation thereof, and together with that part of Kingston Street accruing thereto by reason of the vacation thereof. Lot 2, except, Railway and Lots 3 through 8; that part of Lot 9, lying South of the easterly extension of the south line of Lot 12 and Lots 13 through 25. Block 7, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota, subject to railroad right•of- way; and, together with that part of vacated alley accruing thereto by reason of the vacation thereof; and, together with that part of Kingston Street accruing thereto by reason of the vacation thereof; and, that part of Price Street accruing to Lots 16 through 25 by reason of the vacation thereof. Lots 4 through 9 and Lot 17, except, the South 15 feet thereof, Block 8, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota; together with that part of vacated north-south alley accruing to said Lots 9 and 17 by reason of the vacation thereof; and, that part of Price Street accruing to Lots 4 through 10, Block 8, by reason of the vacation thereof; and, that part of the vacated east•west alley accruing to Lots 4 through 9 and Lot 17 by reason of the vacation thereof.. Parcel 3. Lots 14, 15, and 16, Block 8, ST. AUBIN AND DION'S RICE STREET ADDITION to the City of St. Paul, according to the recorded plat thereof on file and of record in the office of the Register of Deeds, Ramsey County, Minnesota; together with the West half of the adjacent vacated alley which accrued thereto by reason of the vacation thereof. 16 9-23-96 Parcel 4. Lots 1. 2, 3, 18. 19, 20, 21. 22 and 23, Block 8, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota: together with that part of vacated Price Street accruing to Lots 1, 2, and 3 by reason of the vacation thereof; and together with that part of vacated alley accruing to Lots 1 through 3, and Lots 18 through 23 by reason of the vacation thereof. Parcel 5. Lots 10, 11, and 12, Block 8, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County. Minnesota; together with that part of vacated alley accruing thereto by reason of the vacation thereof. Parcel 6. Lots 24 and 25, Block 8, ST. AUBIN AND DION'S RIDE STREET ADDITION, Ramsey County, Minnesota; together with that part of the vacated alley accruing thereto by reason of the vacation thereof. Together with the appurtenant easements described in the Reciprocal Easements and Development Agreement dated January 17, 1989 and recorded on February 15. 1989 in the office of the County Recorder, Ramsey County, Minnesota, as Document No. 2481228. Together with the appurtenant easements described in the Access and Utilities Easement Agreement dated July 8, 1985 and recorded on July 26, 1985 in the office of the County Recorder, Ramsey County. Minnesota, as Document No. 2275429. WHEREAS, the history of this conditional use permit is as follows: 1. On September 3, 1996, the Planning Commission recommended that the City Council approve this permit. 2. The City Counci 1 hel d a publ i c hearing on September 23, 1996. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 17 9-23-9F 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run- off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. = 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the floor plan approved by the City. The Director of Community Development may approve minor changes. 2. The proposed use must be started within one year of Council approval or .the permit shall end. The Council may extend this deadline for one year. 3. The owner or operator shall get a billiard parlor license from the City Clerk's office before opening the business and each year. 4. .The owner or operator shall meet all the requirements of Section 6.106 through Section 6.119 of the City Code (about billiard parlors and poolrooms). 5. The hours of operation shall be from 8 a.m. to 1 a.m. Monday through Saturday and 12:00 noon to 1 a.m. Sundays, unless Maplewood Ordinance 6113 is amended to permit other hours of operation. 6. The owner or operator shall not allow any form of gambling. 7. The facility shall not have more than 42 billiard tables, ten video or arcade games and four dart games. 8. There shall not be any liquor sold, distributed or allowed on the premises. 18 9-23-9F _ 9. Tournaments shall be limited to no more than six Minnesota Pocket Billiard Tournaments per year without prior approval from the Maplewood Police.. 10. The owner or operator shall sweep and maintain the parking lot - before the billiard parlor receives an occupancy permit. 11. Food service and food items shall be limited to prepackaged items, soda, water and coffee drinks and other similar non- . alcoholic beverages. All food-service and beverage equipment shall be approved by the Environmental Health Officer. 12. The City Council shall review this permit in June 1997. Seconded by Councilmember Koppers Ayes - all Billiard Parlor License g. Mayor Bastian moved to approve a billiards parlor license for Mr. John Alexis to operate a billiard parlor in Suite A in the Crown Plaza Shopping Center at 1770 Rice Street subiect to the operator or owner _ meeting all conditions of the Conditional Use Permit and meeting all Citv licensing requirements. Seconded by Councilmember Koppers Ayes - all h. Mayor Bastian moved to direct staff to amend the Ordinance to reflect flexibility to change hours of operation. Seconded by Councilmember Carlson Ayes - all H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Ramsey County Compost Site Conditional Use Permit Review (Beam Avenue) a. Manager McGuire introduced the staff report. b. Director of Community Development Coleman presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Zack Hanson, Ramsey County Health Department Ralph Sletten, 2747 Clarence Kevin Berglund, 1929 Kingston Dan Sletten, 2199 Helen Street James Behrens, 1393 Kohlman Zack Hanson, Ramsey County Health Department James Behrens, 1393 Kohlman Ralph Sletten, 2747 Clarence 19 9-23-96 d. Councilmember Rossbach moved to close the compost site. MOTION DIED FOR LACK OF SECOND e. Mayor Bastian moved areliminarv approval for Alternative 1. look at a 5- year term all composting on the site will be colleted in Spring of 1997 with the existing site to be used as a transfer station only. with a new site to be developed in the southern part of the City for the _ purpose of composting leaves (The site under consideration is the Ramse Count Workhouse ro ert The Count would continue to allow wood chins and compost on t e site for. people to take. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Allenspach, Carlson Nays - Councilmembers Koppen, Rossbach 2. Final Agreements: a. Manager McGuire introduced the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Steve Lukin, Gladstone Fire Department Ed Leier, Parkside Fire Department Joel Hewitt, Fire Chief East County Line Fire Department c. Councilmember Carlson moved to approve the contract with the East County Line Volunteer Fire Department to be effective Januarv 1. 1997. Seconded by Councilmember Koppen Ayes - all Gladstone Fire Department d. Councilmember Carlson moved to approve the contract with the Gladstone Volunteer Fire Department to be effective Januarv 1, 1997. Seconded by Councilmember Koppen Ayes - all. Parkside Fire Department e. Councilmember Carlson moved to approve the contract with the Parkside Volunteer Fire Department to be effective Januarv 1. 1997. Seconded by Councilmember Koppen Ayes - all 20 9-23-9E J. NEW BUSINESS 1. Request to Reduce False Alarm Charges - Second Wind a. Manager McGuire introduced the staff report. b. Assistant City Manager Dawson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Mayor Bastian moved to table the request until the October 14th meetin4 since there was no representative from Second Wind in attendance. Seconded by Councilmember Koppen Ayes - all 2. Request for Haunted House Permit - DARE Program a. Manager McGuire introduced the staff report and presented the details of the request. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Bob Fletcher, Ramsey County Sheriff, the applicant c. Mayor Bastian moved to approve the special use permit for the Ramsev County Sheriff's De~rtment to hold a haunted house at the Ramsev County Fairgrounds and to waive the fee for this event in anticipation of .~o~nt efforts in coming vears with the Maplewood DARE and the North Suburban DARE Program. Seconded by Councilmember Carlson Ayes - all d. Mayor Bastian moved to direct staff to investigate revision of Ordinance 629 with regard to the requirement for Council approval to issue licenses or permits for itinerant shows or caret vals. Seconded by Councilmember Carlson Ayes - all 3. Bradley - Kingston Watermain, Project 96-16: Feasibility Study Request and Establish Budget a. Manager McGuire introduced the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared.. d. Councilmember Carlson introduced the following Resolution and moved its adoption: 21 9-23-96 96 - 09 - 108 ORDERING FEASIBILITY STUDY - PROJECT 96-16. BRADLEY STREET & KINGSTON AVENUE WHEREAS, it is proposed to construct a water main and appurtenances on Bradley Street and Kingston Avenue, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $5,000 are appropriated. to prepare this feasibility report. Seconded by Councilmember Koppen Ayes - all 4. Ariel Street - 11th to County Road C a. Manager McGuire introduced the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Koppen moved to direct staff to conduct .ioint neighborhood meetings with the City of North St. Paul to consider reconstruction of Ariel Street from Eleventh Avenue to County Road C. _ Seconded by Councilmember Carlson Ayes - all 5. Arcade Street - Keller to Labore Road a. Manager McGuire introduced the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson moved to direct staff to hold .ioint neighborhood meetings with the Citv of Little Canada to discuss the reconstruction of Arcade Street from Keller Parkway to Labore Road. Seconded by Councilmember Carlson Ayes - all 22 9-23-96 VISITOR PRESENTATIONS 1. Steve Weber, representing Holy Redeemer Parish a. Mr. Weber requested the Council adopt a resolution waiving the 30-day period required for obtaining a charitable gambling permit for a raffle at the Church. b. Mayor Bastian moved to waive the Rules of Procedure to consider the Holv Redeemer Parish request. Seconded by Councilmember Carlson Ayes - all c. Councilmember Rossbach introduced the following Resolution and moved its ado~i on 96 - 09 - 109 APPROVYNG CHARITABLE GAMBLING - HOLY REDEEMER PARISH BE IT HEREBY RESOLVED, by the City Council of Maplewood. Minnesota, that the temporary permit for lawful gambling is approved for Holy Redeemer Parish at 2555 Hazelwood Avenue, Maplewood, Minnesota on October 13, 1996. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat.§349.214. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Stat. §349.214. NOW. THEREFORE, be it further resolved that this resolution by the City Council of Maplewood. Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Carlson Ayes - all L. COUNCIL PRESENTATIONS 1. Mayor's Update a. Mayor Bastian commented on upcoming meetings and events. b. A Ramsey County Legal Government seminar will be held at the Maplewood Community Center on September 26. 23 9-23-9E M, ADMINISTRATIVE PRESENTATIONS 1. September 30 Workshop... a. Councilmember Carlson moved to cancel the Se~ember 30 Council/Mana4er - Workshop. Seconded by Councilmember Allenspach Ayes - all N. ADJOURNMENT OF MEETING 11:23 P.M. Karen Guilfoile, City Clerk 24 9-23-9F