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
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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
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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.
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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.
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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: ~
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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.
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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
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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
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f. Mayor Greavu closed the public hearing. i
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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.
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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
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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.
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e. Mayor Greavu called for proponents. None were heard, j
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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
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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.
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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•
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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
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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.
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(d) The Assignment. I
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(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
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(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.
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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
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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
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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. ~
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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
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