Loading...
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-~