HomeMy WebLinkAbout10-14-1996 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, October 14, 1996
Council Chambers, Municipal Building
Meeting No. 96.20
A. CALL TO ORDFR
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Budding, and was called to order at 7:00 P:M. by Mayor Bastian.
B PLEDGE OF ALLEGIANCE
O._-BOL AL
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Absent
Marvin C. Koppen, Councilmember Presenf
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:.
1. Minutes of Meeting 96-19, (September 23, 1996)
Councilmember Allenspach moved to approve the minutes of Meeting~~26~.9
(~e~ter~b~r 23,~2F~~present~d~
Seconded by Councilmember Koppen Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian mo~te~l._seconded by CouncilmembeLKoppenTtcLapporove the__
Agenda as amended•
L1 Planning Commission
L2 Highway 36/Hazelwood
Seconded by Ayes - all
EA APPOINTMENTS/PRESENTATIONS
NONE
1 10-14-0
F. CONSENT AG~NDA~
a. Arthur Werthauser, Roar Development and A&R Engineering, addressed the Council,
requesting the Highwood Estates Number 4 Preliminary Plat item be tabled to
December 9, 1996.
b. Mayor Bastian mid seconded by Councilmember Rossbach ayes - all to
table this item to December 99 1996 as req~est~
Mayor Bastian moved seconded by Counci 1 member Koooea~ ayes - all , to aopro_v_e_ t11e
Consent Agenda~Items 1 2,4 thru 9 and 11 as recommended (Item 10 moved to be
considered sep~ratelv.)
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE $ 118,353.31 Checks #6685-#6699 Dated 9.11-96 thru 9.18-96
$ 177,005.90 Checks #28009 Dated 9.24.96
$ 170,184.09 Checks #6700-#6718 Dated 9-19-96 thru 9.25-96
$ 360,319.70 Checks #28122-#28215 Dated 10.1.96
$ 480,594.26 Checks #6719•#6736 Dated 9-26.96 thru 10.2-96
S 291,477.90 Checks #28228-#28348 Dated 10-8.96
$1,597,935.16 7ota1 Accounts Payable
PAYROLL: $ 287,599.20 Payroll Checks and Direct Deposits dated 9-20-96
$ 53,623.54 Payroll Checks #54543-#54555 Dated 9.23-96
$ 260,140.20 Payroll Checks and Direct Deposits dated 10.4-96
$ 48,031 30 Payroll Deduction Checks #54772-#54785 Dated 10-7-96
$ 649,394.06 Total Payroll
$2.747 329 22 GRAND TOTAL
2. Growing Room Conditional Use Permit Review (2555 Hazelwood)
Reviewed and renewed the Conditional Use Permit for Growing Room, Inc., at
Holy Redeemer Parish. The permit will not be reviewed again unless a
problem develops or the owners propose a major change to the site.
3. Highwood Estates Number 4 Preliminary Plat (Highwood Avenue)
a) Development on Slopes - Findings to Deny
b) Preliminary Plat
c) Street Width Code Variation
TABLED TO DECEMBER 9, 1996 AT REQUEST OF APPLICANTS.
2 10-14-~
4. 1997 Livable Communities Act Participation Resolution .
Adopted the following Resolution:
96 - 10 - 110
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL
HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes
Section 473.25 to 473.254) establishes a Metropolitan Livable Communities
Fund intended to address housing and other development issues facing the
metropolitan area defined by Minnesota Statutes Section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax
Base Revitalization Account, the livable Communities Demonstration Account
and the Local Housing Incentive Account, is intended to provide certain
funding and other assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive
grants or loans under the Metropolitan Livable Communities Fund or eligible
_ to receive certain polluted sites cleanup funding from the Minnesota
Department of Trade and Economic Development unless the municipality is
participating in the Local Housing Incentives Account Program under the
Minnesota Statutes Section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the
Metropolitan Council to negotiate with each municipality to establish
affordable. and life-cycle housing goals for that municipality that are
consistent with and promote the policies of the Metropolitan Council as
provided in the adopted Metropolitan Development Guide; and
WHEREAS, each city must identify to the Metropolitan Council the actions
the city plans to take to meet the established housing goals through
preparation of the Housing Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after a public
hearing, negotiated affordable and life-cycle housing goals for each
participating municipality; and
WHEREAS, a metropolitan area municipality that elects to participate in
_ the Local Housing Incentives Account Program must do so by November 15 of
each year; and
WHEREAS, for calendar year 1997, a metropolitan area city that did not
participate in the Local Housing Incentive Account Program during the
calendar year 1996, can participate under Minnesota Statutes Section 473.254
only if: (a) the city elects to participate in the Local Housing Incentives
Account Program by November 15, 1996; and (b) the Metropolitan Council and
the City have successfully negotiated affordable-and life-cycle housing
goals for the city:
NOW, THEREFORE, BE IT RESOLVED THAT Maplewood elects to participate in
the Local Housing Incentives Program under the Metropolitan Livable
Communities Act during 1997.
3 10-14-~
5. 1997 SCORE Funding Application
Approved the 1997 SCORE application for a 867,862 grant from Ramsey County
to repay the City for part of its recycling costs.
6. Proclamation World Population Awareness Week
Authorized the following Proclamation:
PROCLAMATION-
. CITY OF MAPLEWOOD
- Ramsey County, Minnesota
WHEREAS, more than one-half of the world's population will live in urban
agglomerations by the turn of the millennium; and
WHEREAS, within the first quarter of the 21st Century, urban population
alone will grow by 93 million persons per year, the equivalent of all annual
population growth in the world today; and
WHEREAS, this unprecedented urban population growth provides
opportunities, but also carries enormous risks in such areas as poverty,
pollution, disease, and social disintegration; and
WHEREAS, in all regions of the world,.. regardless of geographic
situations or economic conditions, rapid urbanization has spawned a number
of common problems, including unemployment, a shortage of adequate housing,
traffic congestion, strained infrastructure, and lack of funds to provide
for basic services; and
WHEREAS, urban crises stemming from high population density and activity
are expected to be among the major challenges both globally and nationally
during the 21st Century;
NOW, THEREFORE, BE IT RESOLVED THAT, I, Gary Bastian, as Mayor and on
behalf of the City Council of the City of Maplewood, Minnesota, do hereby
proclaim
OCTOBER 27 - NOVEMBER 2, 1996.
as
WORLD POPULATION AWARENESS WEEK
im the City of Maplewood, and urge all residents to reflect on the
consequences of rapid population growth and urbanization, and the vital
necessity of balancing human population, the environment, and our resources
to improve the quality of life for the world and its people.
4 10-14-4
7. Certification of Election Judges
Adopted the following Resolution:
96 - 10 - 111
RESOLUTION ACCEPTING ELECTION JUDGES
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of
Election Judges for the 1996 General Election, being held on Tuesday, November 5, 1996:
PRECII~CT~0~1 PRECINCT NQ.~ PRECINCT NO 9 PBECII~~T_NQ,_
Sylvia Brown, Chair Donald Wiegert, Chair Margaret Earley, Chr Ann Fosburgh, Chair
Mildred Dehen Elsie Copt Elsie Anderson Diane Golaski
Audrey Duellman Betty Eddy Frank Heintz Mary Lou Lieder
Joan Kolasa Marion Froelich Grace Locke Darla Pleau
Louise Nieters Thelma Ling Lorraine Petschel Gladys Sass
Ardin Noonan Cecilia Tucker Lydia Smail
PRECINCT N0. 2 PRECINCT_NQ,~t PRECINCT N0,_14 PRECINCT N0. 14
Milo Thompson, Chair Elsie Wiegert, Chair Joan Cottrell, Chair Shirley Luttrell, Chr
Virginia Dehen Joan Button Joanne Cunnien Carol Berger
Joseph Kolasa Geraldine Pullen Betty Haas Paul G. Donlin
Rose Marie Manders Marion Salo Barbara Johnson Helen King
_ James Noonan Marcella Watson Joe Ryan Delores Lofgren
Donna Wirth R. Colleen Zaiser D. Franklin Tolbert
PRECINCLNO_ 3 PRECINCT NO,~ PRECINCT N0. 11 ~SINCT NO 15
Pat Thomppson, Chair Phyllis Erickson, Chr Lorraine Fischer, Chr Richard Lofgren, Chr
Jaime Selland Debbie Dotson Joan Carr Joan Bartelt
dean Dickson Ted Haas Mary Fischer AnnaMarieBreidenstein
arbara Gallagher _ Annette LaCasse Rita Frederickson Delores Fitzgerald
Peggy Klenk ~ Rosella Limon Betty Mossong Elaine Rudeen
Alice Miller Myrna Schultz Delores Witschen
PRECINCT N0. 16
PBECII~CJ dQ, 4 PRECINCT NO 8 P~3E_C~NCT N0. 12 Mervin Berger, Chair
Fred DuCharme, Chair Judy Widholm, Chair Lucille Cahanes, Chr Carolyn Eickhoff
Marion Clark Gerald Behm John Henry Catherine Falenzer
Grace Dornfeld Jeanette Bunde Phyllis Lofgren Mildred Iversen
Margaret DuCharme Shirlee Horton Beverly Ogilvie Lorraine Mary Lauren
Lloyd Hecht Henrietta Mortenson Delores Schipp
Lorraine Rosauer Evelyn Skluzacek
8. Appointment of Seven-Member Historical Commission
Appointed the following people to serve 2- and 4-year terms as members of
the Historical Advisory Commission:
Pete Boulay, 1504 Frost Avenue, Maplewood, MN 55109
Steven N. Carlson, 1890 Barclay Street, Maplewood, MN 55109
Al Galbraith, 1770 Edward Street, Maplewood, MN 55109
Carol Mahre, 2095 Prosperity, Maplewood, MN 55109*
Harold Prust, 1891 Maryknoll, Maplewood, MN 55109
Charlotte Wasiluk, 1740 Frank Street, Maplewood, MN 55109*
Don Wiegert, 2119 Duluth Place, Maplewood, MN 55109
* 2-year term
5 10-14-9F
9. Accept Donations for Maplewood Community Center
Authorized acceptance of door prizes for the 1996 Octoberquest celebration
with a total value of $1,405.
10. Settlement Agreement
Moved for separate action following balance of Consent Agenda.
11. HealthEast Tax-Exempt Financing (Final Approval)
Adopted the following Resolution:
96 10 - 112 -
RESOLUTION OF THE CITY OF MAPLEWOOD, MINNESOTA,
APPROVING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT,
THE ISSUANCE OF REVENUE BONDS TO FINANCE THE PROJECT, AND APPROVING AND
AUTHORIZING THE EXECUTION OF DOCUMENTS IN CONNECTION THEREWITH
(HealthEast Obligated Group Project)
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, used
or useful in connection with a revenue-producing enterprise, whether or not
operated for profit, engaged in providing health care services; and
(b) Acting on the basis of the common powers of the City and the HRA 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 Act and, to the extent applicable, the Consent
Agreement, the City would issue health care facilities revenue bonds (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 wholly-owned subsidiary or affiliate of Borrower,
and in the Cities of Maplewood and Saint Paul (collectively the "Cities")
(collectively the "Project") and (ii) pay related issuance expenses, as more
fully set forth in the Notice of Hearing hereinafter described; and
(c) The Borrower has proposed that the City issue its Revenue Bonds in one or
more series for the purpose of financing the Project and related Issuance
Expenses, in an approximate maximum aggregate principal amount of
$21,000,000, and the proposal calls for the Borrower to enter into a revenue
agreement (the "Loan Agreement") with the City wherein the Borrower will be
obligated to make payments under the Loan 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 City, and the HRA incident to the issuance and sale of the
Revenue Bonds; and
6 10-14-~
_ (d) 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 in the
Cities; and
(e) 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
(f) The City Council of the City and the Board of Commissioners of the HRA
heretofore gave preliminary approval of the Project (after each had
conducted a hearing thereon) and had authorized and directed execution of
the Consent Agreement on behalf of the City and the HRA.
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota as
follows:
1. The City hereby gives preliminary approval to the proposal of Borrower that
the City, acting pursuant to the Act and the Consent Agreement, issue the
- Revenue Bonds and pursuant to the Loan. 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 issued in the total maximum aggregate
principal amount of approximately $21,000,000 to undertake the Project.
2. On the basis of information available to this Council it appears, and the
Council hereby finds, that the Project furthers the purposes stated in
Section 469.152, Minnesota Statutes; that the effect of such financing, if
undertaken, will be to help 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. Borrower has agreed and it is hereby determined that any and all costs
incurred by the City in connection with the Project; whether or not the
Project is carried to completion, will be paid by Borrower.
4. Nothing in this resolution or in the documents referred to herein shall
authorize the expenditure of any municipal funds on the Project other than
the revenues derived from the Loan Agreement and the Master Note hereinafter
described. 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 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.
7 10-14-9~
5. The Revenue Bonds are to be issued by the City pursuant to applicable
Minnesota law, the Consent Agreement, and a Bond Trust Indenture between the
City and Norwest Bank Minnesota, National Association, (the "Bond Trustee").
the proceeds of the Revenue Bonds will be loaned to Borrower pursuant to the
terms of the Loan Agreement, to be entered into by the City and the
Borrower, under which Borrower will borrow, and the City will loan, the
proceeds of the Revenue Bonds; and any capitalized terms used but not
defined herein shall have the meaning given them in the Loan Agreement.
Under the terms of the Loan Agreement, (i) Borrower is obligated to make
payments to the Bond Trustee in amounts sufficient to pay all principal,
interest and premium, if any, on the Bonds, and (ii) the proceeds of the
loan are to be deposited in accordance with the Bond Indenture. The
Borrower will, simultaneously with the issuance of the Bonds, enter into a
Supplemental Indenture ("Supplemental Indenture") as a supplement to a
Master Trust Indenture, dated as of October 15, 1996 (the "Master
Indenture"), .between Borrower and Norwest Bank Minnesota, National
Association (as successor thereunder to Marquette Bank Minneapolis, N.A.),
in Minneapolis, Minnesota, as trustee (the "Master Trustee").
The Supplemental Indenture will provide for the issuance of a Master
Note (the "Master Note") executed by Borrower to secure performance of
the obligations of Borrower under the Loan Agreement. The Master Note
and the City's right, title and interest in the Loan Agreement (except
Unassigned Rights) will be pledged and assigned by the City to the Bond
Trustee as security for the Bonds. The Master Note is a joint and
several obligation of each member of the Obligated Group.
The Bonds are to be in whole or part by the Shattuck Hammond Partners,
Inc. (the "Purchaser") pursuant to a Bond Purchase Agreement (the "Bond
Purchase Agreement") between the City, the Borrower and the Purchaser.
The Borrower will prepare one or more preliminary official statements
and a final official statement (the "Official Statement") to be used in
connection with the sale of the Revenue Bonds by the Purchaser. The use
and distribution of the Official Statement is hereby authorized provided
that the City has not prepared such documents nor made. any independent
investigation of any information contained in such documents. The City
will not make the determination pursuant to Securities and Exchange
Commission Rule 15c2.12 as to the "deemed final" nature of any Official
Statement and will rely upon the Borrower, as an issuer pursuant to Rule
15c2-12, to make such determination.
6. forms of the following documents have been submitted to the City for
approval and are on file:
(a) Bond Indenture;
(b) Supplemental Indenture;
(c) Master Note;
(d) Loan Agreement;
(e) Bonds; and
(f) Bond Purchase Agreement.
7. It is hereby found, determined and declared that:
(a) the Project described in the Loan Agreement and referred to above is
authorized by the Act;
(b) the purpose of the Project is and the effect thereof will be to -
promote the public welfare by providing for the continuation of the
health care operations of the Obligated Group in the Cities;
8 10-14-0
(c) the Project, the issuance and sale of the Revenue Bonds, the
execution and delivery by the City of the Bond Indenture, the Loan
Agreement, the Endorsement and Assignment attached to each Master
Note, the Bond Purchase Agreement, and the Revenue Bonds
(collectively the "Bond Documents") and the performance of all
covenants and agreements of the City contained in the Bond Documents
and of all other acts and things required under the constitution and
laws of the State of Minnesota to make the covenants of the City in
the Bond Documents, valid and binding obligations of the City, in
accordance with their terms, are. hereby authorized by the City;
(d) it is desirable that the Revenue Bonds be issued by the City upon
the terms set forth in the Bond Indenture and in this Resolution;
(e) the payments under the Loan Agreement and Master Note are fixed so
as to produce payment of principal, of premium, if any, and interest
on the Revenue Bonds issued under the Bond Indenture when due; and
(f) under the provisions of Minnesota Statutes, Section 469.162, and as
provided in the Bond Indenture, the Revenue Bonds are not to be
payable from or charged upon any funds other than the revenue
pledged to the payment thereof; and the Cities, the HRA, the County
of Ramsey and the State of Minnesota (collectively the "Governmental
Units") are not subject to any liability thereon except, with
respect to the City, from such pledged revenues.
8. Subject to the provisions in Sections 9 and 11 hereof, the documents
described in paragraph 6 hereof are approved substantially in the forms
submitted. The Bond Documents, in substantially the forms submitted,
are authorized to be executed in the name of and on behalf of the City
by the Mayor and the City Clerk of the City (collectively, the "City
Officers"). Any other documents or certificates necessary to the
transaction described above, (including but not limited to, closing
certificates, UCC Financing Statements, IRS Form 8038, and Nonarbitrage
Certificate) shall be executed by one or more of the City Officers, or
other appropriate officers of the City. Copies of all of the documents
necessary to the transaction herein described shall be delivered, filed
and recorded as provided herein and in the Bond Indenture.
9. The City shall proceed forthwith to issue the Revenue Bonds, in the form
- and upon the terms set forth in the Bond Indenture and this Resolution,
if and to the extent the City Officers determine to proceed with the
Project which determination shall be deemed made upon execution of the
Bond Documents by the City Officers. The Revenue Bonds shall be issued
in an aggregate original principal amount not to exceed 521,000,000,
shall be payable or prepayable at such time or times, shall bear
interest at such rates and shall be subject to such other terms and
conditions as are set forth in the Bond Indenture and that the City
Officers and the Borrower shall agree. to, which agreement shall be
deemed to have been made upon execution of the Bond Indenture by the
City Officers; provided that in no event may the average interest rate
on the Revenue Bonds exceed 8.00 per annum. The City Officers are
authorized and directed to execute and deliver the Revenue Bonds as
prescribed in the Bond Indenture.
9 10-14-~
10. The City Officers are authorized and directed to prepare and furnish to
the Bond Trustee certified copies of all proceedings and records of the
City relating to the Revenue Bonds, and such other affidavits and
certificates as may be required to show the facts relating to the
legality of the Revenue Bonds as such facts appear from the books and
records in the officers' custody and control or as otherwise known to
them; and all such certified copies, certificates and affidavits,
including any heretofore furnished, shall constitute representations of
the City as to the truth of all statements contained therein.
11. The approval hereby given to the various documents referred to above
includes approval of such additional details therein as may be necessary
and appropriate and such modifications thereof, deletions therefrom and
additions thereto as may be necessary or appropriate and approved by
Bond Counsel prior to the execution of the documents. The issuance of
Bond Counsel's opinion at Bond Closing as to the validity of the Revenue
Bonds shall be conclusive evidence of such approval. The execution of
any instrument by the appropriate officer or officers of the City herein
authorized shall be conclusive evidence of the approval of such
documents in accordance with the terms hereof. In the absence (or
inability) of the City Officers authorized herein to execute any of the
documents herein referred to, the documents may be executed by any
officer or member of the City acting in their behalf.
10. Settlement Agreement
a. Mr. Ayers, Counsel representing the City, addressed the Council.
b. Councilmember Koppen m~vesi to authoru~
City~t
anager~tcGuire_,_on_tzehalf
of the City~_o_~nt_er i_ni<o the settlement release agreement with Kennel
1C~p~ and the_ City of Maole~o~._
Seconded by Councilmember Rossbach Ayes - Councilmembers Allenspach,
Carlson, Koppen, Rossbach
Nays - Mayor Bastian
Si.-P_UJ~E~C HEARINGS
1. 7:00 P.M. (7:27 P.M.}: Open Space Acquisition, Regnier Property
a. Mayor Bastian convened the meeting for a public hearing regarding
b. Manager McGuire introduced the staff report.
c. Assistant City Manager Dawson and Director of Community Development
Coleman presented the specifics of the report.
d. Commissioner Barbara Erickson presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Mr.Himmelsbach, 893 Hudson Road
Tom Roycraft, 2910 Arcade, Little Canada
John & Jolene Gores, 2870 Arcade, Maplewood
Kathy Berger, 2786 Keller Parkway
g. Mayor Bastian closed the public hearing.
10 10-14-0
Regnier Open Space East of Arcade Street, north of Keller Parkway
h. Councilmember Koppen moped to approve
ore~aration and~zc~~~t_i_on of a
purchase aar~emer~• and to authorize exp~n_cLi~str_e____f_r_ouLthe ORen Sp~c~
Land Ac~~i i ion Bond Fund•
Seconded by Councilmember Rossbach Ayes - all
Land Use Plan Change (R-1 to OS) (3 Votes)
i. Councilmember Koppen introduced the following Resolution and moved its
adootion:
96 - 10 - 112A
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, the Director of Community Development proposed a change to the City's
Land Use Plan from R•1 (single dwellings) to OS (open space).
WHEREAS, this change applies to the property located east of Arcade Street and
north and west of Kohl man Lane.
WHEREAS, the history of this change is as follows:
1. On September 3, 1996, the Planning Commission held a public hearing. The
City staff published a hearing notice in the Maplewood Review and sent
notices to the surrounding property owners. The Planning Commission gave
everyone at the hearing a chance to speak and present written statements.
The Planning Commission recommended that the City Council not approve the
plan amendment.
2. On October 14, 1996, the City Council discussed the land use plan change.
They considered reports and recommendations from the Planning Commission and
City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change for the following reasons:
1. Maplewood plans to buy this site for open space.
2. The purchase would help preserve a variety of natural features on and near
this site, (including Ramsey County open space) including wetlands, slopes
and trees.
3. The property is a good economic value.
4. The site could provide year-round recreational opportunities.
5. There has been neighborhood interest in preserving the site.
6. Ramsey County owns several acres in the area for open space.
The City shall not make the land use plan change for the City-owned property until
after the City closes on the property.
Seconded by Councilmember Rossbach Ayes - all
11 10-14-0'
j. Councilmember Koppers mov~d~9
authorize staff to review and revise if
n~e~s.ary the_City easements ac4uired by~he_Rtar~llcisQ Df t~i_s__pro°erty•
Seconded by Councilmember Rossbach Ayes - all
2. 7:15 P.M.: Good Samaritan Nursing Home (550 Roselawn Avenue): Expansion onto 530
Roselawn Avenue
a. Mayor Bastian convened the meeting for a public hearing regarding .
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the .
report.
d. Commissioner Ericson presented the Planning Commission report.
e. Boardmember Vidyashankar presented the Community Design Review Board report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following person was heard:
Russ Rosa, Architect for the Good Samaritan Nursing Home
g. Mayor Bastian closed the public hearing.
Land Use Plan Change (R-1 to R•3H) (3 Votes)
h. Mayor Bastian introsltLCed the following Resolution and moved its
a~lczpt i on
96 - 10 - 113
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, The Evangelical Lutheran Good Samaritan Society applied for a change to
_ the City's Land Use Plan from R-1 (single dwellings) to RH (residential high
density).
WHEREAS, this change applies to the property at 530 Roselawn Avenue.
WHEREAS, the history of this change is as follows:
1. On September 16, 1996, the Planning Commission held a public hearing. The
City staff published a hearing notice in the Maplewood Review and sent
notices to the surrounding property owners. The Planning Commission gave
everyone at the hearing a chance to speak and present written statements.
The Planning Commission recommended that the City Council approve the plan
amendments.
2. On October 14, 1996, the City Council discussed the land use plan changes.
They considered reports and recommendations from the Planning Commission and
City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above described
changes for the following reasons:
1. It would be consistent with-the comprehensive plan's goals and policies.
12 10-14-9F
2. It would be consistent with the property planned for R-3H to the east.
3. The proposed plan would increase the project site and reduce the population
in the nursing home thus reducing the overall project density.
Seconded by Councilmember Koppen Ayes all
Zoning Map Change (R-1 to R-3) (4 Votes)
i. Mayor Bastian introduced the following Re~olut_i.on__ansLmDV~d-ii<S
~doP-t_ion-
96-10-114
ZONING MAP CHANGE RESOLUTION
WHEREAS, The Evangelical Lutheran Good Samaritan Society applied for a change in
the zoning map from R-1 (single dwellings) to R-3 (multiple-dwelling residential).
WHEREAS, this change applies to the property at 530 Roselawn Avenue. The. legal
= description is:
The South 97 feet of the North 330 feet of the East 300 feet of the West 475 feet
of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter ; and
The East 300 feet of the West 475 feet of the North 233 feet of the
Northeast Quarter of the Northeast Quarter of the Southwest Quarter;
and
The South 100 feet of the North 330 feet of the West 175 feet of the
Northeast Quarter of the Northeast Quarter of the Southwest Quarter;
and
- The North 230 feet of the West 175 feet of the Northeast Quarter of
the Northeast Quarter of the Southwest Quarter all in Section 17.
Township 29, Range 22, Maplewood, Minnesota.
WHEREAS, the history of this change is as follows:
1. On September 16, 1996 the Planning Commission recommended that the City
Council approve the change.
2. On October 14, 1996, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners. The Council gave everyone at the hearing an
opportunity to speak and present written statements. The Council also
considered reports and recommendations from the City staff and Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the
zoning code.
13 10-14-0
2. The proposed change will not substantially injure or detract from the use of
neighboring property or from the character of the neighborhood, and that the
use of the property adjacent to the area included in the proposed change or
plan is adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical,
efficient, and economical extension of public services and facilities, such
as public water, sewers, police and fire protection and schools.
5. The applicant is proposing to develop the site with a nursing home expansion.
Seconded by Councilmember Koppen Ayes - all
Conditional Use Permit
j. Mayor Bastian introduced the following Resolution and_~1oy~d its
~dQpt~ on:_
96-10-115
CONDITIONAL USE PERMIT
WHEREAS, The Evangelical Lutheran Good Samaritan Society applied for a
Conditional Use Permit (CUP) for the expansion of the Good Samaritan Nursing Home at
530.550 Roselawn Avenue.
WHEREAS, this permit applies to the property at 530-550 Roselawn Avenue. The
legal description is:
The South 97 feet of the North 330 feet of the East 300 feet of the
West 475 feet of the Northeast Quarter of the Northeast Quarter of
the Southwest Quarter and
The East 300 feet of the West 475 feet of the North 233 feet of the
Northeast Quarter of the Northeast Quarter of the Southwest Quarter:
and
The South 100 feet of the North 330 feet of the West 175 feet of the
Northeast Quarter of the Northeast Quarter of the Southwest Quarter:
and
The North 230 feet of the West 175 feet of the Northeast Quarter of
the Northeast Quarter of the Southwest Quarter all in Section 17,
Township 29, Range 22, Maplewood, Minnesota.
WHEREAS, the history of this Conditional Use Permit is as follows:
1. On September 16, 1996 the Planning Commission recommended that the City
Council approve this permit.
2. On October 14, 1996, the City Council held a public hearing. The City staff
published a notice in the paper and sent notices to the surrounding property
owners. 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.
14 10-14-4
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. Based on representation by the applicant, this permit is conditional
upon having only 140 or fewer residents in double or single bedroom
units.
5. Applicant is to install and maintain a visual barrier between 530 and
520 Roselawn.
Seconded by Councilmember Koppen Ayes - all
Design Approval
k. Mayor Bastian mo_v..esl~4~pp~o~e the lao ns (si~amped July~55 199~~or_t_he
exxp~n~ion of the Good Samaritan Center at 559__Rosel_a~rLAvenue with
a _pr9~ased on the findina,~s reauired~y~he code, The orQ~erty owner
shall d9 the following:
15 10-14-9F
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. Submit a grading, drainage, utility and erosion control
plan to the City Engineer for approval. The erosion
control plan shall be meet all ordinance requirements.
b. Revise the site plan to place the nine parking spaces in
the proposed parking lot next to the side walk.
c. Revise the landscape plan to substitute all proposed
seed with sod. All screening fencing shall be board-on-
board to be at least 80% opaque (code requirement).
3. Complete the following before occupying the building:
_ a. Restore and sod damaged boulevards.
b. Install reflectorized stop signs at both exits onto
Roselawn Avenue. Install handicap-parking signs for
each handicap-parking space.
c. The new roof-top mechanical equipment shall be painted
to match the building and the need for screening shall
be reviewed by staff.
d. Install and maintain an in-ground sprinkler system.
- e. Remove, repair or replace the shutters on the existing
building and paint then to match.
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
150% of the cost of the unfinished work.
c. The City receives an agreement that will allow the City
to complete any unfinished work.
5. All work shall follow the approved plans. The Director of
Community Development may approve minor changes.
Seconded by Councilmember Koppen Ayes - all
H AWARD OF BIDS
1. Sanitary Sewer Rehabilitation
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. Mayor Bastian moved to award the bid for the Annual Sanitary Sewer
Rehabilitation to Insituform Central in the amount of $79 350 for the
repair of 1,_Z5f lineal feet of sanitary_~wer main.
Seconded by Councilmember Rossbach Ayes - all
16 10-14-~
2. Authorization to Purchase and Install Video/Cablecasting Equipment.
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. The following was heard:
Dave Currence, GTN, presented a video about the equipment
d. Councilmember Rossbach moved_tcLauthor_ze the Rurcbas2 and__i_nst.~l_1_ation
new videoJs~blecastina equipment for~he_Gounc_i_]Chamb~r__s~nd_the
transfer_of an additional 87 000 to finance the
imorov_em~titS
Seconded by Councilmember Allenspach Ayes - all -
I,_ UNFINISHEIZBIL~II9ESS
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:
Zach Hanson, Ramsey County Health Department.
Ralph Sletten, 2749 Clarence
Patrick O'Brien, 2759 Hazelwood Avenue
Dan Sletten, 2199 Helen Street, No. St. Paul
James Behrens, 1395 Kohlman
d. Councilmember Allenspach introduced the following Resolution and_mov~d
its too ion:
96 10 - 116.
CONDITIONAL USE PERMIT REVISION
WHEREAS, the Director of Community Development is requesting that the City
Council change the conditional use permit conditions for a compost site on Beam
Avenue;
WHEREAS, this permit applies to he property on the south .side of Beam Avenue,
west of the railroad right-of-way. The legal description is:
Lots 81-84, Gardena Addition in the North 1/2 of the SW 1/4
of Section 3, Township 29, Range 22.
WHEREAS, the history of this conditional use permit is as follows:
1. On April 4, 1994, the Planning Commission recommended that the City Council
approve these changes.
17 10-14-0~
2. On May 9, 1994,. the City Council held a public hearing. The City staff
published a notice in the paper and sent notices to the surrounding property
owners. The Council gave everyone at the hearing a chance to speak and
resent written statements. The Council also considered reports and
recommendations of the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the conditions for the above-described permit
shall read as follows:
1. The site may be open to the public between March 24 and December 6 of
each year.
2. The site may be open to the public between the hours of 9:00 a.m. and
8:00 p.m.
3. The County shall provide at least one monitor at the site for all hours
that it is open to the public. -
4. The site shall accept only the following materials: wood chips, garden
waste, lawn cuttings, weeds, prunings of soft-bodied plants, leaves
along with materials like pine cones, fruit and small twigs that people
pick up with their yard waste. Ramsey County shall monitor and remove
any unacceptable materials left at the site.
5. The City prohibits the dumping or storing of the following materials:
brush, branches, garbage or refuse.
6. This permit shall have a five-(5) year term.
7. The County shall manage the yard waste site to minimize the amount of
objectionable odors.
8. The Community Development Department shall handle odor comptaints during
regular business hours and the police department shall handle odor
complaints after regular hours. The inspector shall verify and measure
whether there is an odor that violates the odor standards of -this
permit. To determine if there is a violation of this permit, the
inspector shall follow the procedures in Attachment A of this permit.
A violation of this permit shall occur when the inspector has recorded
ten sniffings of the ambient air over a period of thirty minutes with a
geometric average OIRS of (a) 3.0 or greater if the property at which
the testing is being conducted contains a permanent residence or (b) 4.0
or greater if the property at which the testing is being conducted does
not contain a permanent residence. (See Attachment B of this permit for
a description of the odor scale.) If there is a violation, the
inspector shall investigate to establish the source of the odor. The
City shall notify the County of the violation. The County shall advise
the City of the reason for the problem and correct it to meet the
standards of this permit. The County or site operator shall cooperate
with the City or its representative regarding such investigations.
9. County shall monitor and remove unapproved items from the site.
10. The County shall be allowed to complete the process of composting the
leaves that were collected in the fall of 1995 and spring of 1996 and
that are on site as of October 1, 1996. This material will be
considered finished in the spring of 1997.
11. Beginning with material received in the fall of 1996, the site shall
operate as a transfer site. Leaves received during April-May and
October-November transferred from the site on a regular basis. Leaves
may not be stored on site for a period of longer than three (3) weeks.
18 10-14-0'
In the event of weather conditions, such as a snowstorm in the fall
that preclude haul-out of leaves within three (3) weeks, the
Director of Community Development may grant permission to the county
to store leaves on the north part of the site until such time that
the leaves may be hauled out. Under such circumstances, leaves
shall be removed from the site by April of the following year.
The County shall have the grass clippings removed from the site June-
- September at least three times a week or other days if necessary to help
prevent objectionable odors.
12. The County shall place wood chips and finished compost on site for
citizens to take.
13. The County is requested by the City to look for an alternate yard waste
site in the northeast part of the County that would be used to reduce
the traffic at the site on Beam Avenue.
14. The County shall make best efforts to develop a yard waste composting
site on County property in the vicinity of the Workhouse, north of Lower
Afton Road. The site would be up to 10 acres in size, and would not be
open for residents to drop off material. The City will assist the
County in obtaining permits for this site..
15. The southern part of the site on Beam Avenue shall not be used for yard
waste management by the County after the spring of 1997.
16. Should the County be unsuccessful in siting and permitting a site in the
vicinity of the Workhouse, then the City Council will review this permit
and may allow the County to compost material on the northern portion of
- the site on Beam Avenue.
17. The County is granted permission to make improvements to the site,
including: widening and paving the entrance road; installing a new,
wider gate; installing four light posts and fixtures; and installing
traffic control signs.
Seconded by Mayor Bastian Ayes - Mayor Bastian, Council members
Allensppach, Koppen
Nays - Councilmember Rossbach
2. Hazelwood Forest Preliminary Plat (County Road C)
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:
Ken Adolph, Schnell & Madsen Architects, Engineers for the project
Chuck Pierson, 1485 County Road C East
Kathryn Irvin, 2707 Hazelwood Street
Patrick O'Brien, 2759 Hazelwood Street
Christeen Stone, 2727 Hazelwood Street
FOLLOWING DISCUSSION, MAYOR BASTIAN MOVED TO TABLE THIS ITEM, I.2, AND ITEMS I-3 AND J-2
THRU J-7, UNTIL 4:30 P.M. OCTOBER 17, 1996
SECONDED BY COUNCILMEMBER ROSSBACH AYES - ALL
19 10-14-'
,1. N~tL61lSII~ESS
8. 1997 Recycling Contract
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the
report.
c. Councilmember Rossbach mwe_d~o~r
nQg
ti~ate the contract with our
current recycling services
Seconded by Councilmember Koppen Ayes - all
COUNCILMEMBER ROSSBACH MOVED TO TABLE ITEM J-9 UNTIL THURSDAY, OCTOBER 17, 1996.
MOTION FAILED FOR LACK OF A SECOND.
9. 4th Quarter 1996 Charitable Gambling Requests
a. Manager McGuire introduced the staff report.
b. Assistant Manager Dawson presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following was:
Rick Betz, 2205 Ide Court
City of Maplewood--Munici-Pals Association Banquet (51,000)
= d. Councilmember Allenspach moved to authoriz~5~00.00 to d~si_st_ with
exoens~s ~or~he Mi,nici-Pals Fall Meeting~nd_Ban_que~ einp held__at_t1~e
= Mao~wood Community Center.
Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach,
Koppen, Rossbach
Nays - Mayor Bastian
City of Maplewood--Parks & Recreation/Community Center (55,000)
e. Councilmember Koppen moved to a~orove oavmen~of 55 ODO to coyer
foreannP fPPC fnr Community Center Room Rental for Citv functions for
t_he _ba]_ance of 19962
Seconded by Councilmember Allenspach Ayes - all
20 10-14-~
City of Maplewood--Parks & Recreation Banners (57,200)
f. Mayor Bastian moved moved toffy the request for funds to purchase
derora iv welcome banners and hardware for various locations at Citv
Hall and the Community Center.
Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers
Koppen, Rossbach
Nays - Councilmember Allenspach
City of Maplewood--Fire Department Smoke Detectors (52,350)
g. Councilmember Koppen moved to approve the reauest of the Fire De ar m n
for ,~,~0 for i50 smoke detectors or replacement batteries to be made
available to persons in need.
Seconded by Councilmember Rossbach Ayes - all
North St. Paul/Maplewood Area Girls' Basketball Association (510,000)
h. Councilmember Koppen moved o a ~thorize a donation of S3 000 to the
~~or h St Paul/Maplewod Area Girls' Basketball Association.
Seconded by Councilmember Rossbach Ayes - Councilmembers Allenspach,
Koppen, Rossbach
Nays - None
Abstain - Mayor Bastian
MEETING ADJOURNED AT 11:37 P.M.. WILL RECONVENE AT 4:30 P.M. OCTOBER 17, 1996
A GALL TO ORDER
Meeting 96-20 of the Maplewood City Council, continued from October 14, was held in the
Council Chambers, Municipal Building, and was called to order at 4:30 P.M. by Mayor
Bastian.
B~EDSE OF_ALLEGIANCE
C~-ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Absent
Marvin C. Koppen, Councilmember Present
George F. Rossbach, Councilmember Present
21 10-14-96
I. UNFINISHED B I~S~(Continued)
2. Hazelwood Forest Preliminary Plat (County Road C)- Continued.
Street-Width Code Variation
d. Council member Rossbach mono adopt the resolutions and findings dated
October 7 1996 with amendments recommended by Mayor Bastian as follows:
96 - 10 - 117
STREET WIDTH CODE VARIATION
WHEREAS, the City Engineer requested a variation from the City Code.
WHEREAS, this Code variation applies to the Hazelwood Forest development that
would be north of County Road C, east of the Ramsey County Trail.
WHEREAS, the legal description for this property is:
That part of the Southeast Quarter of the Southwest Quarter of
Section 3, Township 29, Range 22, Ramsey County, Minnesota;
described as follows;
Lots 10 and 11, Gardena Addition
WHEREAS, Section 29-52(a)(9) of the Maplewood City Code requires that local
residential streets shall be 32 feet in width, measured between faces of curbs.
WHEREAS, the City Engineer is proposing a 28-foot-wide street with no parking on
one side.
WHEREAS, this requires a variation of four feet.
WHEREAS, the history of this variation is as follows:
The Maplewood Planning Commission did not review this request.
The Maplewood City Council held a public hearing on September 23,
1996 about the proposed plat. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property
owners. The Council gave everyone at the hearing a chance to speak
and to present written statements. The Council also considered
reports and recommendations from the City staff.
The Maplewood City Council continued their review of the proposed
plat on October 14, 1996. The Council gave everyone at the meeting
a chance to speak and to present written statements. The Council
also considered reports and recommendations from City staff.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above-
described variation subject to the following conditions:
a) no parking on the west side of the street.
b) the developer paying the City for the cost of no-parking
signs.
c) that there be no outside storage of ,recreational or
commercial vessels or vehicles in the front yard
setback.
22 10-14-96
Front Yard Setback Variance
96 - 10 - 118
FRONT YARD SETBACK VARIANCE
WHEREAS, the Director of Community Development requested a variance from the
zoning ordinance.
WHEREAS, this variance applies to property on the north side of County Road C,
east of the Ramsey County Trail in the proposed Hazelwood Forest development. The
legal description is:
That part of the Southeast Quarter of the Southwest Quarter
of Section 3, Township 29, Range 22, Ramsey County,
Minnesota; described as follows;
Lots 10 and 11, Gardena Addition
WHEREAS, Section 36-70 of the City Code requires a 30-foot front yard setback for
houses.
WHEREAS, the applicant is proposing front yards of 15 to 20 feet.
WHEREAS, this requires a variance of 10 to 15 feet.
WHEREAS, the history of this variance is as follows:
i. The Planning Commission did not review this request.
2. The City Council held a public hearing on September 23, 1996. City
staff published a notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Council gave
everyone at the hearing an opportunity to speak and present written
statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
3. The City Council continued discussion of the proposed development on
October 14, 1996. The Council gave everyone at the meeting a chance to
speak and present written statements. The Council also considered
reports and recommendations of the City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
variance for the following reasons:
1. Strict enforcement of the code would cause undue hardship because of
circumstances unique to the property and not created by the property
owner.
2. The variance would be in keeping with the spirit and intent of the
ordinance, since the applicant would lessen the grading and tree loss on
the site.
3. Since all the houses on the same street would have the same front yard
setback, they would all be located consistently with each other.
4. The unique features of this plat include its topography, flora and
fauna, and its relationship to the drainage of the surround~gg area.
5. The Council feels a variance would contribute to the preservation of the
developer's stated values for lots.
23 10-14-96
Preliminary Plat
f. Mayor Bastian moved to approve the Hazelwood Forest preliminary plat
(received by the City on September 16 1996 OR Option one the Citv
received on October 1 1996). The developer shall complete the
followinc~efore the Cit~Council approves the final plat.
1. Sign an agreement with the City that guarantees that the
developer or contractor will:
a. Complete all grading for overall site drainage, complete
all public improvements and meet all city requirements.
b.* Place temporary orange safety fencing, silt fence and
signs at the grading limits.
c. Install permanent signs around the edge of the wetland
buffer easements. These signs shall mark the edge of the
easements and shall state there shall be no mowing,
vegetation cutting, filling, grading or dumping beyond
this point. City staff shall approve the sign design and
location before the contractor installs them.
d. Install survey monuments along the wetland boundaries.
e. Have NSP install street lights in two locations; near
the intersection of County Road C and Barclay Street and
at the end of Barclay Street that ends in a cul-de-sac.
The exact location and type of lights shall be subject
to the City Engineer's approval.
f. Provide all required and necessary easements. Obtain ,
the necessary approval from the Ramsey County Regional
Railroad Authority for putting the sanitary sewer across
their property and for any grading or storm sewer work
on their property.
g. Remove all junk, scrap metal, debris, and the shed.
h. Cap and seal all wells on site; remove septic systems or
drainfields.
i. Remove the existing curb cut on County Road C, repair
the street and sod the boulevard.
j. Pay for the installation of no-parking signs on one side
of the street if the council approves a street-width
code variation for the plat.
2.* Have the City Engineer approve final construction and
_ engineering plans. These plans shall include grading, utility,
_ drainage, erosion control, tree, trail and street plans. The
plans shall meet the following conditions:
a. The erosion control plans shall be consistent with the
City code.
b. The grading plan shall:
1) Include proposed building pad elevation and
contours for each home site.
2) Include contour information for the land that
the street construction will disturb.
3) Include sufficient ponding area to control the
rate and volume of storm run-off from the
subdivision to pre-development levels for the
critical 100 year storm event either on the
site or off the site at the developer's option.
4) Show housing styles and grading where the
developer can save large trees.
24 10-14-96
c.* The tree plan shall:
1) Be approved by the City Engineer before site
grading or final plat approval.
2) Show where the developer will remove, save or
replace large trees and its plan to prevent
damage under tree crowns for all trees to be
saved.
3) Show the size, species and location of the
replacement trees. The deciduous trees shall
be at least two and one half (2 1/2) inches in
diameter and shall be a mix of red and white
oaks and sugar maples. The coniferous trees
shall be at least eight (8) feet tall and shall
be a mix of native species.
4) Show no tree removal or disturbance beyond the
approved grading and tree limits.
d.* Construct an eight-foot-wide paved walkway and fencing
between Lots 9 and 10 from Barclay Street to the Ramsey
County Regional Trail and from Fitch Road to the Ramsey
County Regional Trail. The developer also shall provide
a fence or berm on both sides of the trail and shall
install posts at each end of the trail to prevent cars
or trucks from using the trail. These trail segments
_ shall be over the proposed sanitary sewer. The developer
or contractor shall build the entire trail and any
required fencing with the street and before the City ,
Council approves the final plat or occupancy of the
first home in the plat. The City Engineer must approve
these plans. Maplewood is requiring the developer to pay
for the trail since trail will provide the new residents
access to the Ramsey County Trail and provide access for
sanitary sewer maintenance.
3.* Secure and provide all required easements for the development
including any off-site drainage and utility easements.
4. Provide wetland easements over the wetlands on site. The
easements shall cover the wetlands and any land within 25 feet
surrounding the wetlands. The easement shall prohibit any
building or structures within 25 feet of the wetlands or any
mowing, cutting, filling, grading or dumping within 25 feet of
the wetlands or within the wetlands. The purpose of the
easements is to protect the water quality of the wetlands from
fertilizer, run-off and to protect the wetland habitat from
encroachment.
5. Show the wetland boundaries on the plat as delineated on the site or
within 100 feet of the site. A trained and qualified person must
delineate the wetlands. This person shall prepare a wetland delineation
report. The developer shall submit this wetland information to the
Watershed District office. The Watershed District must approve this
information before the city approves a final plat. If needed, the
developer shall change the grading plans and plat to meet Maplewood's
wetland regulations.
6. Record a covenant or deed restriction with the final plat that prohibits
driveways on Lots 1 and 20 from going onto County Road C.
25 10-14-96
7. Obtain a permit from the Ramsey-Washington Metro Watershed District for
grading and any wetland filling.
If the developer decides to final plat part of the preliminary plat, the Director of
Community Development may waive any conditions that do not apply to the final plat.
Seconded by Councilmember Koppen Ayes - all
3. Personal Services Ordinance Revision
a. Manager McGuire introduced the staff report.
b. Acting Chief of Police Ryan 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 aprnrnvP first reading of the ordinance
revising tnP personal Services Ordinance.
Seconded by Councilmember Rossbach Ayes - all
J NEW BUSING
1. Project 96-11, Cope Avenue Mill & Overlay Change Order
a. Manager McGuire introduced the staff report.
b. Assistant City Engineer Russ Matthys 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 introduced the following Resolution and moved its
adoption:
96 - 10 - 119.
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
made Improvement Project 96.11, Cope Avenue Bituminous Mill and Overlay and
has let a construction contract pursuant to Minnesota Statutes, Chapter 429,
and
WHEREAS, it is now necessary and expedient that said contract be
modified and designated as Improvement Project 96.11, Change Order 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the Mayor and City Clerk are hereby authorized and directed
to modify the existing contract by executing said Change Order 1 in the
amount of $3,020.00. The revised contract amount is $209,809.65:.
26 10-14-96
The Finance Director is hereby authorized to make the financial
transfers necessary to implement the financing plan for the project. The
project budget is increased by $10,000 to the revised budget amount of
$210,000.00.
Seconded by Councilmember Rossbach Ayes - all
2. Project 96-13, Van Dyke Street Mill & Overlay Change Order
a. Manager McGuire introduced the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
c. Mayor Bastian introduced- ~hQ _fol-Lowing Re_s9 tin and moved~s
asL~ti
on.
9 6 - 10 - 12 0
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
made Improvement Project 96.13, VanDyke Street Mill and Overlay and has let
a construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be
modified and designated as Improvement Project 96.13, Change Order 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the Mayor and City Clerk are hereby authorized and directed
to modify the existing contract by executing said Change Order 1 in the
amount of $3,711.40. The revised contract amount is $67,618.80.
The Finance Director is hereby authorized to make the financial
transfers necessary to implement the financing plan for the project. The
project budget is increased. by $5,000 to the revised budget amount of
$89,000.00.
Seconded by Councilmember Allenspach Ayes - all
3. Arcade Street Bridge at Spoon Lake
a. Manager McGuire introduced the staff report.
b. Assistant City Engineer Matthys presented the specifics of the report.
c. Council dir ed_s~a_f_f to work with Ramsey County to keep the bridge
oo~n for vehicular traffic-
27 10-14-9'
4. East Mississippi Watershed Management Organizaton
a. Manager McGuire introduced the staff report.
b. Assistant City Engineer Matthys presented the specifics of the report.
c. Councilmember Rossbach intr9siuced the following Resoluti_ot1 a_nd_movesl_ts
adopti9n:
96 10 - 121
RESOLUTION FOR WITHDRAWAL FROM THE EAST MISSISSIPPI WATERSHED DISTRICT
WHEREAS, in 1984, the City entered into a joint-powers agreement for the
creation of the East Mississippi Watershed Management Organization; and
WHEREAS, said watershed management organization has not proven to be a
successful organizational structure for storm water management planning; and
WHEREAS, in accordance with the joint-powers agreement, the City desires
to withdraw from the watershed management organization; and
WHEREAS, the City desires to petition the Minnesota Board of Water and
Soil Resources combining the area in Maplewood with the Ramsey-Washington
Metro Watershed District; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Ramsey County, Minnesota as follows:
1. The City of Maplewood hereby withdraws from the East Mississippi
Watershed Management Organization.
2. The City Council hereby petitions to the Minnesota Board of
Water and Soil Resources for combining the Maplewood area with
the Ramsey-Washington metro Watershed District.
Seconded by Councilmember Koppen Ayes - all
5. Code Change - Billiard Parlors Hours of Operation (First Reading).
a. Manager McGuire introduced the staff report.
b. Councilmember Koppen moved to approve first re ina of an ordinance
allowing Council to approve different hours of Qperation for facilities
as ap rt of the process of a conditional use permit
Seconded by Mayor Bastian Ayes - all
6. 1997 Park Improvement Projects
a. Manager McGuire introduced the staff report.
b. Councilmember Koppen moved to retain S.R F to provide master park
planning desian~Qrvices for Wakefield Park at a cost not to exceed
$7 $QO~nd Sanders Wacker Wellman BQ~Iy Inc to provide design
services~or Kohlman Lake Overlook Park at a cost not to exceed 87 100
In addition, the C ~-P is to he modified to deJ_ete the Edgerton Park
improvement eject for 1997 and reallocate the $200,900 as follows•
Kohlman Lake Overlook Development $150,000
Wakefield Park 50,000
Seconded by Councilmember Allenspach Ayes - all
28 10-14-0'
7. Agreement with St. Paul Water Utility
a. Manager McGuire introduced the staff report.
b. Councilmember Koppen moved_t~u_tbQr_iz_e~Lie_daY9-M~n~9er_._C_i_ty
Clerk, and~j#y~{ttornev t9~xect~t?
tbe_a<gr-e-em__er~t~h_th aint Paul
?later t!tili y~ and o ri_e~zcte_rtsion of ,he Intet~m_A_gr?e_m_ent to
Qctob~r~,~9~
Seconded by Mayor Bastian Ayes - all
K VISIT_OR_P_RE~EIiIA>-I.ONS
NONE
I<._~O_UN__EI L~~ESENTA_T_I9r1S
1. PLANNING COMMISSION
a. Council directed staff to bring back a report on how the ordinance of
the Planning Commission reads, make changes that would allow nine
members, not eleven. Also, how to define a quorum (with missing
members), etc.
2. HIGHWAY 36i}IAZELWOOD - WHITE BEAR AVENUE TRAFFIC
a. Council directed staff to hold discussions about the traffic flow and
control with newly elected representatives after the November 5th
election.
M,- _ADMINISTRATIV~_P_RESENTATIONS
1. Reschedule First City Council Meeting in November
a. Councilmember Koppen mwesl~o_h_old_the first November_~ounci_7_MsKetina on
N~!~bPr 1 1996 due to the
eV
t~r_an's Day Holiday on Monday November
~I~
Seconded by Councilmember Rossbach Ayes - all
2. Update on Maplewood's 40th Anniversary Planning
a. Assistant City Manager Dawson presented an update of the plans for the
40th Anniversary observance.
N ADJOURNMENT OF MF~>-IN.G
5:39 P.M.
Karen Guilfoile, City Clerk
29 10-14-~