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HomeMy WebLinkAbout09.25.89 and 09.28.89 i NINUTSS OF NAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 25, 1989 Council chambers, Municipal Building and 7:00 P.M., Thursday, September 28,-1989 Meeting No. 89-21 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal building, and was called to order at 7:00 P.M., by Mayor Greavu. ' B. ROLL CALL John 0. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rosabach, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to anorove the Acenda as amended: 1. Roseville School District 2. County Road C - Highway 61 3. Holiday Meetings 4. Junked Cars 5. McKnight Road 6. Remove E-2 from Consent Agenda 7. Public Hearing - 1990 Budget - i-6 Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember Juker moved todiscuss Item E-5 immediatelvbeforeitem F-1. Seconded by Councilmember Anderson. Ayes - all. Councilmember Bastian moved, Seconded by Councilmember Anderson, Avea - all, to a~vrove the Consent Acenda, Items E-1, 3, 4 and 6 as recommended. 1. Approval of Claims 1 9-25-89 I Approved the following claims: ACCOUNTS PAYABLE: i $ 435,434.74 Checks X4781 - #`4826 Dated 09-01-89 thru 09-13-89 S 140,341.78 Checks X2053 - #`2165 Dated 09-25-89 $ 575,776.52 Total per attached voucher/check register - PAYROLL• $ 168,817.27 Payroll Checks $ 33,323.13 Payroll Deductions j ' $ 202,140.40 Total Payroll $ 777,916.92 GRAND TOTAL 2. Conditional use Permit Renewal: 2239 Hazelwood Avenue (Olson) ' Removed from the Agenda - House sold. 3. Registered Land Survey: 2990 Highway 61 (MOgren) Approved the Registered Land Survey as submitted. 4. Conditional Use Permit Termination: 2675 Stillwater Road Approved the termination of the conditional use permit for a patio furniture construction and sales home occupation at 2675 Stillwater Road, since the home is no longer used as a patio furnitureconstruction and sales business. 5. Final Plat: C. Little Addition i Discussed before item F- L i 6. Donation Acceptance - Emergency Preparedness Donation was presented to Emergency Management Director Larry J. Cude at the September 11, 1989, Meeting. 5. Final Plat: C. Little Addition a. Dennis Peck, representing PARE, 2172 Payne Avenue, answered questions from the Council regarding the problems at the C. Little Addition on County Road B. Mr. Peck submitted new grading plans. 2 9-25-89 b. Councilmember Anderson moved to aourove the final plat of C. Little Addition to create 25 ainale dwellinc lots. Seconded by Councilmember Juker. Ayes - all F. PUBLIC HEARINGS 1. 7:00 P.M., Street Vacation: Sherren Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to vacate the Sherren Avenue right-of-way between White Bear Avenue and the former right-of-way of Hazel Street (in front of the Maplewood Care Center). b. Acting Manager Haider presented the staff report. c. Director of Community Development Olson presented the details of the ' proposal. d. Commissioner Sue Fiola presented the Planning Commission report. e. Mayor Greavu called for proponents or opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adontion• 89 - 9 - 151 WHEREAS, the City of Maplewood initiated proceedings to vacate the public interest in the following-described property: Sherren Avenue, between White Bear Avenue and the former right-of- way of Hazel Street (in front of the Maplewood Care Center). WHEREAS, the following adjacent properties are affected: Lots 5-10, Block 8, and Lots 1-8, Block 9, Dearborn Park Addition WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on September 18, 1989. The Planning commission recommended to the City Council that this vacation be approved. 3 9-25-89 3. The City Council held a public hearing on September 25, 1989, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons-present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. WHEREAS, upon vacation of the above-described street, public interest in the property will accrue to the following-described abutting properties: Lots 5-10, Block 8 and Lots 1-8, Block 9, Dearborn Park Addition NOW, THEREFORE, BE IT RESOLVEDBY THE MAPLEWOOD CZTY COUNCIL that it is in the public interest to grant the above-described vacation on the ) basis of the following findings of fact: ~ I 1. The adjoining properties have adequate street access. 2. This street segment is not needed for area traffic circulation or emergency vehicle access. i 3. There is a private drive on the right-of-way that may expose. the City to liability. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Bastian and Juker. Nays - Councilmembers Anderson and Rossbach. 2. 7:15 P.M., County Road C, T.H. 61 to Hazelwood, Project 89-94: Public Hearing a. Mayor Greavu convened the meeting for a public hearing regarding the j proposed improvement of County Road C from T.H. 61 to Hazelwood, Project 89-14. ~ b. Acting Manager haider presented the staff report. c. Assistant City engineer Irish presented the details of the proposed improvement. I d. Wayne Leonard, Coordinating Engineer, Ramsey County, explained the County's position. e. Mayor Greavu called for persons who wished to be heard for oragainst the proposal. The following persons were heard: Chvek Pearson, 1495 E. County Road C Al Kruse, 1379 E. County Road C 4 9-25-89 i Phil Oswald, 2676 English Garry Valento, 1349 E. County Road C Will Rossbach, 1386 E. County Road C Glenn Van Werner, SEH Consulting Engineers, spoke on behalf of the project. Richard Engstrom, 1505 E. County Road C Carol Welsh, 2648 English Rick Sorenson, 1215 E. County Road C I, Dwight Wegner, 1374 E. County Road ,C - Patricia Priem, 1260 E. County Road C 'i i f. Mayor Greavu closed the public hearing. i I g. Councilmember Anderson introduced the following resolution-and moved ~i its ado~tion• 89 - 9 - 152 WHEREAS, after due notice of public hearing on the construction of bridge, roadway with concrete curb and gutter, storm sewer, sidewalk, utilities, and appurtenances on County Road C from T.H. 61 to Hazelwood, City Project 89-04, a hearing on said improvement in accordance with the notice duly given was duly held on September 25, 1969, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct bridge, roadway with concrete ' curb and gutter, storm sewer, sidewalk, utilities, and ~ appurtenances on County Road C from T.H. 61 to Hazelwood, City Project 89-04, as described in the notice of .hearing thereof, and orders the same to be made. I This improvement is to be constructed by Ramsey County under a cooperative agreement with the City of Maplewood. Seconded by Mayor Greavu. Ayes - all. 3. 8:00 P.M., Larpenteur, 35-E to Edgerton, Project 86-27: Public Hearing a. Mayor Greavu convened the meeting for a public hearing regarding the proposed improvement of Larpenteur Avenue from Interstate 35-E to Edgerton, Project 86-27. b. Acting Manager haider preaentedthe staff report. c. Assistant City Engineer Irish presented the 'details of the proposed improvement. 5 9-25-89 d. Wayne Leonard, Coordinating Engineer, Ramsey County, explained what , portion Ramsey County is involved in. ~ e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their opinions.: Donna Pinatti, 1686 Arkwright Cecelia Schneider, 433 E. Larpenteur Dan Pinatti, 1686 Arkwright Gary Gerke, 1252 Cope Frank Morse, 415 Kingston - Maryanne Schiminsky, 1688 Edgemont Laurie Colonna, 535 E. Larpenteur f. Mayor Greavu closed the public. hearing. ' g. Councilmember Anderson moved to delete the sidewalk vrooosal from the vroiect and introduced the followinc resolution and moved its adoption: 89 - 9 - 153 WHEREAS, after due notice of public hearing on the construction of roadway, bridge, storm sewer, utilities, and appurtenances on Larpenteur -Avenue, Interstate 35-E to Edgerton, City Project 86-27, a hearing on said improvement in accordance with the notice duly given was duly held on September 25, 1989, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE ZT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the ~ City of Maplewood construct roadway, bridge, storm sewer, utilities, and appurtenances on Larpenteur Avenue, Interstate 35-E to Edgerton, City Project 86-27, as - described in the notice of hearing thereof, and orders the same to be made. 2. This improvement is to be made under a cooperative agreement with Ramsey County. Seconded by Mayor Greavu. Ayes - Mayor Greavu,Councilmembers Anderson, Juker, and Rossbach Nay - Councilmember Bastian. h. Councilmember Anderson introduced the followinc resolution and moved its adoption• 89 - 9 - 154 6 9-25-85 WHEREAS, plans for Project No. S.P. 62-630-21 Bridge No. 62554 showing proposed alignment, profiles, grades, and cross-sections for the construction reconstruction, or improvement of county State Aid Highway No. 30 within the limits of the City as a federal aid project and have been prepared and presented to the City. NOW, THEREFORE BE IT RESOLVED: that said plans be in all things aPProved. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. i. Councilmember Anderson introduced the following resolution and moved its adootion• 89 - 9 - 155 WHEREAS, plans for Project No. S.A.P. 62-630-36 showing proposed alignment, prof ilea, grades, and cross-sections for the construction, _ reconstruction, or improvement of County State Aid Highway No. 30 within the limits of the City ae a state aid project and have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED: that said plans be in all things approved. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rosabach. Nay - Councilmember Bastian. Mayor Greavu called a ten minute recess at 9:40 P.M. ~ Mayor Greavu reconvened the meeting at 9:50 P.M. 4. 8:45 P.M., Code Amendment, Environmental Protection Ordinance (2nd Reading - 4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the revision to the environmental protection ordinance to provide more protection for significant trees. b. Acting Manager Haider presented the staff report. c. Director of Community Development Olson presented the details of the proposed ordinance. d. Commissioner Sue Fiola presented the Planning commission recommendation. 7 9-25-89 i e. Mayor Greavu called for proponents. None were heard, j i f. Mayor Greavu called for opponents. The following were heard: Kent Jefferson, Jefferson Homes Ken Gervais, Castle Design g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to table for one month to allow the develooera to meet and report back to the Council. i i i Seconded by Councilmember Roasbach. Councilmember Bastian moved to extend the develooment moratorium until December 7, 1989. ' Seconded by Councilmember Anderson. Ayes - all. Voting on original motion. Ayes - all Councilmember Bastian moved to waive the Rules of Procedures and hear Items H-1, I-3, and I-6. I Seconded by Councilmember Anderson. Ayes - all. H. UNFINISHED BUSINESS 1. Address Change - Maplewood Care Center a. Acting Manager Haider presented the staff report. b. Mayor Greavu moved to chance the address for the Maplewood Care Center to 2320 White Bear Avenue. - Seconded by councilmember Bastian. Ayes - Mayor Greavu, Councilmembers .ICI Bastian and Rosabach. Nays - Councilmembers Anderson and Juker. I.. NEW BUSINESS 3. Final Approval of Bonds: VOA Care Center a. Acting Manager Haider presented the staff report. b. Mary Ippel, Briggs and Morgan, Bonding Consultant, explained the necessity of this issue. c. Councilmember Bastian introduced the followina resolution and moved its adoption• 8 9-25-8'. i 89 - 9 - 156 RESOLUTION AUTHORIZING A PROJECT UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165 AND THE ISSUANCE OF HEALTH CARE FACILITY REVENUE BONDS TO FINANCE THE PROJECT OF VOA CARE CENTERS, MINNESOTA BE IT RESOLVED BY THE CITY OFMAPLEWOOD MINNESOTA (the "Issuer" or the "City"), ae follows: 1. The Issuer has received a proposal from VOA Care Centers, Minnesota, a Minnesota nonprofit corporation (the "Company"), that the Issuer undertake to finance a certain Project, as herein described, pursuant to Minnesota Statutes, Sections 469.152 through 469.165 (the "Act"), through issuance by the Zasuer of its $4,260,000 Health Care Facility Revenue Bonds, Series 1989 (VOA Care Centers, a Minnesota Project) (the "Bonds"), and in accordance witha Bond Purchase Agreement (the "Bond Purchase Agreement") between the Issuer, the company, Volunteers of America Care Facilities, a Minnesota nonprofit corporation, and Volunteers of America Health Services, a Minnesota nonprofit corporation, as Guarantors (collectively, the "Guarantors"), and Dougherty, Dawkins, Strand & Yoat Incorporated (the "Underwriter"). The underwriter will sell the bonds pursuant to an Official Statement (the "Official Statement"). 2. The Company will use the Bond proceeds to finance the acquisition from Volunteers of America Care Facilities of the existing nursing home facility located in the City and commonly known as the Maplewood Care Center (the "Project"). The acquisition price paid with Bond proceeds will be used to discharge certain prior debt of Volunteers of America Care Facilities. Certain Bond proceeds will be also used to install and complete certain improvements to the Project as specified in the Loan Agreement (defined below). The Project furthersthe policies and purposes of the Act, and the findings made in the Preliminary Resolution adopted by this City council on Avgust 28, 1989, with respect to the project are hereby ratified, affirmed and approved., 3. Zt is proposed that, pursuant to a Loan Agreement dated as of October 1, 1989, between the issuer, as lender, and the Company, as borrower (the "Loan Agreement"), the issuer loan the proceeds of the bonds to the company to finance the costs of acquiring the Project and installing certain improvements thereto. The Basic Payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the issuer assign its rights to the Basic Payments and certain other rights under the Loan Agreement to Ohio Citizens Bank, Toledo, Ohio (the "Trustee") ae security for payment of the bonds under an indenture of Trustdated as of October 1, 1989 (the "indenture"), and that the Company grant a mortgage and security interest in the Project and an assignment of all renta,m leases and profits from the Project to the Trustee pursuant to a Mortgage and Security Agreement 9 9-25-89 dated as of October 1, 1989 (the "Mortgage") and an Assignment of Leases and Rents dated as of October 1, 1989 (the "Assignment"), respectively. Pursuant to separate Guaranty Agreements, each dated as of october 1, 1989, each of the Guarantors will guarantee payment of the bonds (collectively, the "Guaranty Agreementa"). 4. The City Council by action taken on August 28, 1989 gave preliminary approval to the Company proposal for the Project and the City has subsequently applied to the Department of Trade and Economic Development of the State of Minnesota for approval-of the Project as tending to further the purposes and policies of the Act and as required by the Act. 5. Pursuant to the preliminary approval of the issuer, forms of the 'j following documents have been submitted to the issuer for approval: j (a) The Loan Agreement. (b) The Indenture. (c) The Mortgage. i i (d) The Assignment. I I (e) The Guaranty Agreementa. (f) The Bond Purchase Agreement. (g) A draft of Official Statement. 6. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act; ~ (b) the purpose of the Project is and the effect thereof will be to promote the public welfare by providing and maintaining nursing home facilities; (c) the Project is located within the jurisdictional limits of the City; (d) the acquisition of the Project, the issuance and sale ofthe Bonds, the execution and delivery by the Issuer of the Loan Agreement, the Bond Purchase Agreement and the indenture, and the performance of all covenants and agreements of the issuer contained in the Loan Agreement, Bond Purchase Agreement, and Indenture, and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Bond Purchase Agreement, Indenture and Bonds valid and binding obligations of the issuer in accordance with their terms, are authorized by the Act; j 10 9-25-85 (e) it is desirable that the Company be authorized, in accordance with the provisions of the Act and subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the Issuer determines to be necessary, desirable and proper, to complete the acquisition of the Project; (f) it is desirable that the Bonds be issued by the Issuer upon the terms set forth in the Indenture; (g) the Basic Payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Mortgage and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises and payable during the term of the Mortgage, Loan Agreement and. Indenture; (h) under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City ie not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 7. Subject to the approval of the City Attorney, and the provisions of paragraph 11 hereof, the forms of the Loan Agreement, the Bond Purchase Agreement, the Indenture and exhibits thereto are approved substantially in the forms submitted and on file in the offices of the City, with such subsequent changes as may be approved by the City and the City Attorney. The Loan Agreement, the Bond Purchase Agreement and the Indenture, in substantially the forms submitted, are directed to be executed in the name and on behalf of the issuer by the Mayor and the City Manager. Any other documents and certificates necessary to the transaction herein described shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Loan Agreement and Indenture. 11 9-25-89 8. The .issuer has not prepared nor made any independent investigation of the information contained in the Official Statement used to market the Bonds and takes no responsibility for such information. 9. Subject to approval of the Project by the Department of Trade and Economic Development of the State of Minnesota, the Issuer shall proceed forthwith to issue its Bonds, in the form and maturities and upon the terms set forth in the Indenture. The offer of the underwriter to purchase the Bonds at par plus accrued interest to the date of delivery at an interest rate or rates not to exceed a net interest rate of 9-1/28 per annum is hereby accepted. The Company shall be responsible for payment of the Underwriter's fees which may, to the extent permitted by the Internal Revenue Code of 1966, as amended, be paid from Bond proceeds. The Mayor and City Manager or City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and at such interest rate or rates as shall not exceed a net interest rate of 9-1/2~ per annum and to deliver the bonds to the Trustee for authentication and delivery to the underwriter. 10. The Mayor, City Manager, City Clerk and other officers of the Issuer are authorized and directed to prepare and furnish to the underwriter certified copies of all proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonder 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 issuer ere 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 and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City officials are hereby authorized to approve said changes on behalf of the City. 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 of the Mayor, City Manager or City Clerk, any of the documents authorized by this resolution to be executed by them may be executed by the Acting Mayor, Acting City Manager or Acting City Clerk, respectively, or by any other duly designated acting official. 12. It is understood and agreed that the Company shall indemnify the City against all liabilities, losses, damages, costs and expenses (including attorney's fees and expenses incurred by the City) arising with respect to the Project or the Bonds, ere provided for and agreed to by and between the Company and the City in the Loan Agreement and the Bond Purchase Agreement. 11 i i 12 9-25-89 Seconded by Mayor Greavu. Ayes - all. 6. 1990 Budget: Schedule Public Hearing a. Acting Manager Haider presented the staff report. b. Councilmember.Bastian moved to hold a 1990 Budget Public Hearino at 5:00 P.M. on Thurada October 19th 1989. Seconded by Mayor Greavu. Ayes - all. M. ADJOURNED THE SEPTEMBER 25 1989 AT 9.26 P M A MAYOR GREAW RECONVENED THE SEPTEMBER 25 1989 MEETING ATCARVER SCHOOL THURSDAY SEPTEMBER 28 1989 AT 6.10 P M B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W.Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present H. UNFINISHED BUSINESS (Continuedt 2. Development Moratorium Discussed with Item F-4. 3. Reconsideration of Hillwood Oaka No. 2 a. Acting Manager Haider presented the staff report. b. Councilmember Roasbach moved to continue to necotiate and hope that the City and Mr. Hennen can come to an acreement and that Council take no action at this time. Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS (Continued) 1. T.H. 36: Atlantic to T.H. 120 Reconstruction - Approve Plana a. Acting Manager Haider presented the staff report. b. Mayor Greavu introduced the followinc resolution and moved its adoption• 89 - 9 - 157 13 9-25-89 WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared: plans, special provisions, and specifications for the improvement of Trunk Highway No. 118, renumbered as Trunk Highway No. 36, within the corporate limits of the City of Maplewood and North St. Paul, ~ from Atlantic Street to east corporate limits; and seeks the approval thereof; NOW, THEN, BE IT RESOLVED that said plane and special provisions for the improvement of said trunk highway, within said corporate limits of the City, be and hereby are approved, including the elevations and grades as shown, and consent is hereby given to any and all changes in grade occasioned by said construction.. BE IT FURTHER RESOLVED that the City does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate ~ limits of said City on said trunk highway, to be parallel. with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. Seconded by Rossbach. Ayes - all. ~ i 2. Roselawn: T.H. 49 to Jackson - Schedule Public Hearing a. Acting Manager haider presented the staff report. b. Mayor Greavu introduced the followinc resolution and moved its adontion• i i 89 - 9 - 158 WHEREAS, the City Engineer for the City of Maplewood hasbeen authorized and directed to prepare a report with reference to the improvement of Roselawn Avenue from Rice Street (T.H. 49) to jackson Street, City Project 87-01, by construction of roadway with concrete curb and gutter, bridge, storm sewer, watermain, and appurtenances, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE ZT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, ~ MINNESOTA, as follows: 1. The report of the City engineer advising this Council that the proposed improvement on Roselawn Avenue from Rice ~ Street (T.H. 49) to Jackson Street, City Project 67-01, by construction of roadway with concrete curb and gutter, bridge, storm sewer, water main, and appurtenances, is feasible and should best be made as proposed, ie hereby received. 14 9-25-89 _ _ I 2. The Council will consider the aforesaid improvement in j accordance with the reports and the assessment of benefited property for all or a portion of the coat of the improvement according to MSA Chapter 429, at an estimated total coat of the improvement of $970,000. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the_ 23rd day of October., 1989, at 7:00 P.M. to consider said improvement. The City Clerk shall give mailed and II published notice of said hearing and improvement as ,I' required by law. Seconded by Councilmember Anderson. Ayes - al L 3. Final Approval of Bonds: VOA Care Center Discussed at the September 25, 1989 Meeting 4. Information on Multiple Dwellings a. Director of Community Development Olson presented the staff report. b. Councilmember Rossbach moved the aubiect of permitted densities to the Planninc Commission for their consideration and further study possibly having lower density in residential development and refer the matter of design standards to the C.D.R.B. for a recommendation of might be used in - Maplewood. Seconded by Councilmember Anderson. Ayes - all. 5. Pipkorn Building Screening: 2055 White Bear Avenue a. Acting Manager Haider presented the staff report. b. Director of Community Development Olson stated Howard Pipkorn stated that they are temporarily storing trucks and equipment behind the building until they finish retooling, which should be completed by January 1, 1990. c. No action taken. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Roseville School District a. Councilmember Anderson stated there has been a request for a Maplewood representative on the Roseville School Committee. 15 9-25-89 b. Council directed staff to place an article in the "Maplewood In Motion." 2. Maplewood Care Center Address a. Councilmember Roasbach moved to suspend the Rules of Procedures and discuss the address forthe Maplewood Care Center, Item H-1. Seconded by Councilmember Anderson. Ayee - all. b. Councilmember Rosebach moved to rescind the motion to address the Maplewood Care Center as 2320 White Bear Avenue and leave it 1900 Sherren until such time asCOUncil explores chanoinc the routes at that area. II~! Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembera Anderson, Juker and Roasbach Nay - Councilmember Bastian. 3. County Road C and Highway 61. i a. Councilmember Rosebach stated he had received complaints regarding the abandoned home and building at the SE corner of County Road C and Highway 61. It should be cleaned up. b. Staff stated Hess Kline had purchased the property and will contact him. I 4. Holiday Meetings a. Councilmember Roasbach stated the second meeting of the month falls on Christmas Day. Requested staff, at the next regular meeting, to suggest optional dates. ~ 5. Junked Cars a. Councilmember Roasbach stated he wanted to remind staff that the complete junked car ordinance was not finished and requested that it be revived. 6. McKnight Road a. Councilmember Juker questioned when access to the homes along McKnight Road will be available. I b. Staff stated full access by winter. Mayor Greavu called a ten minute recess at 6:50 P.M. Mayor Greavu reconvened the meeting at 7:00 P.M. 16 9-25-89 i i L. ADMINISTRATIVE PRESENTATIONS 1. 7:00 P.M., Public Hearing, District No. 8 Water Tower Assessment Hearing - Carver School ' a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for District No. 8 Water Tower Project 86-15. b. Acting Manager Haider presented the staff report. c. City Attorney Patrick Kelly explained the procedures for the public hearing regarding adoption of the assessment roll. d. Mayor Greavu called for proponents and opponents. The following were heard: Don Whitacre, 751 No. Century Wm. Mahre, 1737 Clarence, representing the St. Paul Ski Club Jerry Johnson, 2445 Londin Lane Dave Johnson, 821 So. Century - Cheryl Cavert, 679 Dorland Avenue Harold Johnson, 2616 Linwood Ave. George Anderson, 2680 Linwood Avenue George Oxford, 2305 Linwood Avenue Al Jerovik, 2480 Linwood Avenue Richard Marbar, 2445 Londin Lane Written objection by J. Frank Popplewill Paul Larson, 2251 Valley Place, Board Member for Christian School Jack McDonald, 755 So. Century - Paul Scarpori, 2688 Linwood Avenue Jeff Ruse, 1150 McKnight Road Arnold Johnson, 2291 Londin Lane Jerry Kubish, 2475 Southcrest Drive Ardelle Vondenbruggan, 2578 Linwood Avenue David Rydel, written notice James Kayser, 2516 Linwood Avenue Steve Skor, 2660 Highwood Ginny Hildebrandt, 2270 Highwood Resident at 760 Dorland Road Steve Kayser, 2516 Linwood Avenue Shiela Cox, 622 So. McKnight Zeno Samett, 885 So. Century Mary Postiff, 1215 Dorland Road Joe Drazes, 2445 Londin Lane e. Mayor Greavu closed the public hearing. f. Mayor Greavu introduced the followino resolution andmoved its adoption: 17 9-25-89 i 89 - 9 - 130 i WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Water District 8 improvements, as described in the files of the City Clerk as Project 86-15, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, ' MINNESOTA: ~ 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of twenty years, the first of the installments to be payable on or after the first Monday in January, 1990, and shall bear interest at the rate of nine (9.0) percent per annum from the date of the adoption of this assessment resolution. to the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1990. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assesamente,~on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon i any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions i relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one. or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, toreimburse the City by adding any portion of the cost eo paid to the assessments levied for any of such later .extension or improvements. 18 9-25-89 ` _ ii 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Anderson. Ayes - all. M. ADJOURNMENT OF SEPTEMBER 28. 1989 MEETING 8:30 P.M. City Clerk i i, 7 f 19 9-25-89