HomeMy WebLinkAbout06.04.81MINUTES OF MAPLEWOOD CITY COUNCIL
&:00 P.M., Thursday, June 4, 1981
Council Chambers, Municipal Building
Meeting No. 81 -12
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 C. Greavu, Mayor Present.
Norman G. Anderson, Councilman Present
Gary W. Bastian, Councilman Present
Frances L. Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C. APPROVAL OF MINUTES
1. Minutes No. 81 -7 (April 2, 1981)
Councilman Bastian moved to approve the Minutes of Meeting No. 81 -7 (April 2, 1981)
as submitted.
.Seconded by Mayor Greavu. Ayes - all.
2. Minutes No. 81 -11 (May 28, 1981)
Councilman Anderson moved to approve the Minutes of Meeting No. 81 -11 (May 28, 1981)
as submitted.
Seconded by Councilman Nelson. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Update on Road Project Plans
2. Highway 61 and Frost Avenue
3. Drafting Style
4. Fiscal Disparity
5. Battle Creek
Seconded by Councilman Anderson.
E. CONSENT AGENDA
Ayes - all.
Councilman Anderson moved, seconded by Councilman Nelson, Ayes - all, to approve the
Consent Agenda, Items 1 through 5 as recommended.
1. Accounts Payable
Approved the accounts (Part I, Fees, Services, Expenses - Check No. 005817 through
Check No. 005864 - $337,373.95; Check No. 00573 through Check No. 005773 - $6,871.68;
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Check No. 010102 through Check No. 010174 — $147,201.78: Part II Payroll — Check No.
01619 through Check No. 01745 — $50,872.56) in the amount of $542,319.97.
2. Disposal of Financial Records
Resolution No. 81 -6 -103
WHEREAS, M.S.A. 138.17 governs the destruction of city records; and
WHEREAS, a list of records has been presented to the council with a request in
writing that destruction be approved by the council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. That the Finance Director is hereby directed to apply to the Minnesota State
Historical Society for an order authorizing destruction of the records as
described in the attached list.
2. That upon approval by the State of the attached application, the Finance Dir-
ector is hereby authorized and directed to destroy the records listed.
3. Increase in Special Assessments Interest Rate
Approved the interest rate on special assessments be increased from 8% to 11% effective
with the assessments levied this year.
4. Time Extension: Clausen Addition
Approved a 90 day time extension for the Clausen Addition Preliminary Plat subject
to the original conditions.
5. Time Extension: Goff's Mapleview Addition
Approved a 90 day time extension for that portion of Goff's Mapleview Addition which
has not yet received final plat approval. Approval is on the basis that:
1. There have been no changes in the area that would justify denial of a time extension;
2. The Applicant is showing progress in final platting the lots on County Road C;
3. Council has approved similar time extensions for other plats.
6. Brookview Drive Storm Sewer — Property Acquistion
Authorized staff to purchase Lot 12, Block 4, Brower Addition at a cost of $1,500.00
in connection with the Brookview Drive Storm Sewer Improvements.
7. Resolutions "Preperation of Assessment Rolls" and "Ordering Assessment Roll Hearing"
a. Cope Avenue Connection, Improvement 79 -1
Resolution No. 81 -6 -104
WHEREAS, the City Clerk and City Engineer have presented the final figures for
the improvement project which consists of the construction of streets, storm sewers,
sanitary sewers, watermains and all necessary appurtenances in the following described
area: Cope Avenue from Atlantic Street to English Street; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: that
the City Clerk and City Engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel
of land abutting on the streets affected, without regard to cash valuation, as provided
by law, and they shall file a copy of such proposed assessment in the City_ Office
for inspection.
Further, the Clerk shall, upon compeltion of such proposed assessment notify the
Council thereof.
Resolution No. 81 -6 -105
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared
an assessment roll for the construction of streets, storm sewers, sanitary sewers,
watermains and all necessary appurtenances in the following described area: Cope
Avenue from Atlantic Street to English Street and the said assessment roll is on file
in the office of the City Clerk:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 30th day of July, 1981, at the City Hall at 8:00
P.M. to .pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior
to the hearing, and to mail notices to the owners of all property affected by
the said assessments.
3. The notice of hearing shall state the date, time, and place of hearing, the general
nature of the improvement, the area proposed to be assessed, that the proposed .
assessment roll is on file with the Clerk, and that written or oral objections
will be considered.
b. Gervais Avenue East of T.H. 61 — Improvement 78 -1
Resoluton No. 81 -6 -106
WHEREAS, the City Clerk and City Engineer have presented the final figures for the
improvement project which consists of the construction of street and storm sewer,
and all necessary appurtenances on Gervais Avenue from T.H. 61 eastbound to English
Street, English Street from T.H. 36 northward to Gervais and T.H. 36 north Service
Road from English Street westbound to Atlantic Street; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: that
the City Clerk and City Engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel
of land abutting on the streets affected, without regard to cash valuation, as provided
by law, and they shall file a copy of such proposed assessment in the City Office
for inspection.
Further, the Clerk shall, upon completion of such proposed assessment notify the
Council thereof.
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Resolution No. 81 -6 -107
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared
and assessment roll for the construction of street and storm sewer, and all necessary
appurtenances on Gervais Avenue from T.H. 61 eastward to English Stseet, English Street
from T.H. 36, northward to Gervais and T.H. 36 North Service Road from English Street
westward to Atlantic Street, and the said assessment roll is on file in the office
of the City Clerk;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 30th day of July, 1981, at the City Hall at 7:30
P.M. to pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at _least two weeks prior
to the hearing, and to mail notices to the owners of all property affected by
the said assessments.
3. The notice of hearing shall state the date, time, place of hearing, the general
nature of the improvement, the area proposed to be assessed, that the proposed
assessment roll is on file with the Clerk, and that written or oral objections
will be considered.
C. Gervais Avenue, Gervais to White Bear Improvement 77 -9
Resolution No. 81 -6 -108
WHEREAS, the City Clerk and City Engineer have prepared the final figures for
the improvement project which consists of the upgrading and relocation of Gervais
Avenue between Kennard Street and White Bear Avenue, including the installation of
watermains, streets, curb and gutter, and storm sewers, and all necessary appurtenances
in the area described as follows: that area bounded by White Bear Avenue, T.H. 36,
Kennard Street (extended) and Demont Avenue (extended); and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: that
the City Clerk and City Engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel
of land abutting on the streets affected, without regard to cash valuation, as provided
by law, and they shall file a copy of such proposed assessment in the City Office
for inspection.
Further, the Clerk shall, upon completion of such proposed assessment notify the
Council thereof.
Resolution No. 81 -6 -109
WHEREAS, The Clerk and the Engineer have, at the direction of the Council, prepared
an assessment roll for a project which consists of upgrading and relocation of Gervais
Avenue between Kennard Street and White Bear Avenue, including the installation of
watermains, streets, curb and gutter, and storm sewers, and all necessary appurtenances
in the area described as follows: that area bounded by White Bear Avenue, T.H. 36,
Kennard Street (extended) and Demont Avenue (extended) and the said assessment roll
is on file in the office of the City Clerk;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 30th day of July, 1981, at the City Hall at 7:15
P.M. to pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior
to the hearing, and to mail notices to the owners of all property affected by
the said assessments.
3. The notice of hearing shall state the date, time, place of hearing, the general
nature of the improvement, the area proposed to be assessed, that the proposed
assessment roll is on file with the Clerk, and that written or oral objections
will be considered.
d. Maryland, Ivy, Ferndale, Sterling Improvement 77 -12
Resolution No. 81 -6 -110
WHEREAS, the City Clerk and City engineer have presented the final figures for
the improvement project . which consists fo the construction of sanitary sewer, storm
sewer, watermain, curb and gutter., and streets on Maryland Avenue from Century Avenue;
Ferndale Street from Maryland Avenue to Ivy Avenue; and Sterling Street from Stillwater
Road to Maryland Avenue; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that
the City Clerk and City Engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel
of land abutting on the streets affected, without regard to cash valuation, as provided
by law, and they shall file a copy of such proposed assessment in the City Office
for inspection. -
Further, the Clerk shall, upon completion of such proposed assessment notify the
Council thereof.
Resolution No. 81 -6 -111
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared
an assessment roll for the construction of sanitary sewer, storm sewer, watermain,
curb and gutter, and streets on Maryland Avenue from Century Avenue to Lakewood Drive;
Ivy Avenue from Ferndale Street to.Century Avenue; Ferndale Street from Maryland Avenue
to Ivy Avenue; and Sterling Street from Stillwater Road to Maryland Avenue, and the
said assessment roll is on file in the office of the City Clerk;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 30th day of July, 1981, at the City Hall at 7:45
P.M. to pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior
to the hearing, and to mail notices to the owners of all property affected by
the said assessments.
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3. The notice of hearing shall state the date, time, and place of hearing, the general
nature of the improvement, the area proposed to be assessed, that the proposed
assessment roll is on file with the Clerk, and that written or oral objections
will be considered.
e. Larpenteur— Howard Storm Sewer Improvement 75 -6
Resolution No. 81 -6 -112
WHEREAS, the City Clerk and City Engineer have presented the final figures for
the improvement project which consists of the construction of storm sewers, appurtenances,
and necessary street reconstruction in the following described area: that area bounded
by Larpenteur Avenue, McKnight Road, Ripley Avenue (extended) and Beebe Road; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: that
the City Clerk and City Engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel
of land abutting on the streets affected, without regard to cash valuation, as provided
by law, and they shall file a copy of such proposed assessment in the City Office
for inspection.
Further, the Clerk shall, upon completion of such proposed assessment notify the
Council thereof.
Resolution No. 81 -6 -113
WHEREAS, the Clerk and the Engineer .have, at the direction of the Council, prepared
an assessment roll for the construction of storm sewers, appurtenances, and necessary
street reconstruction in the following described area: that area bounded by Larpenteur
Avenue, McKnight Road, Ripley Avenue (extended) and Beebe Road and the said assessment
roll is on file in the office of the City Clerk;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 30th day fo July, 1981, at the City Hall at 7:00
P.M. to pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior
to the hearing, and to mail notices to the owners of all property affected by
the said assessment.
3. The notice of hearing shall state the date, time, and place of hearing, the general
nature of the improvement, the area proposed to be assessed, that the proposed
assessment roll is on file with the Clerk, and that written or oral objections
will be considered.
G. AWARD OF BIDS
1. North Hazelwood Grading and Parking Lot
a. Manager Evans presented the staff report.
b. Councilman Nelson introduced the following resolution and moved its adoption:
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H
81 -6 -114
BE IT RESOLVED BY THE CITY COUNCIL OF.MAPLEWOOD, MINNESOTA, that the bid of
U.D. Contracting Co., in the amount of $61,038.25 is the lowest responsible bid
for the construction of North Hazelwood Grading and Parking .lot, and the Mayor
and Clerk are hereby authorized and directed to enter into a contract with said
bidder for and on behalf of the City.
Seconded by Councilman Anderson.
2. Bids for Two Used 1978 Carry —Alts
Ayes — all.
a. Councilperson Juker moved to table this item until later in the agenda.
Seconded by Mayor Greavu. Ayes — all.
UNFINISHED BUSINESS
I. Q uad and Double Dwelling Design — Second Reading
a. Manager Evans presented the staff report.
b. Mayor Greavu asked if anyone in the audience wished to be heard for or against
the proposed ordinance. The following were heard:
Mr. Tom Weyner stated the ordinance should be defined better and he feels
it is too restrictive.
C. Councilman Bastian moved to refer this item to staff with the instruction
that if at any time there presents a need for such an ordinance it be again pre-
sented to Council and also that staff review the 500 foot requirement between
house designs.
Seconded by Councilman Nelson. Ayes — all.
F. PUBLIC HEARINGS
1. Forest Street Improvement Project 7:15 P.M.
a. Mayor Greavu convened the meeting for apublic hearing regarding the construction
of streets, storm sewers, sanitary sewers, watermains and all necessary appurtenances
in the following described area: Forest Street from Keller Parkway to Leola Road;
Cypress Street from Connor Avenue to County Road C; Connor Avenue from Cypress
Street to 500 feet west; and Gervais Avenue Westerly to Forest Street and the
construction of storm sewers, ponding areas in the following area: Those lands
lying West of T.H. 61, Northerly of T.H. 36, easterly of Keller Parkway and southerly
of County Road C and the construction of watermain and all necessary appurtenances
along County Road C from Forest Street to approximately 600 feet west of T.H. 61.
b. Director of Public Works Ken Haider presented the specifics of the proposed
improvements.
C. Mayor Greavu called for proponents
Mr. Clifford Lund, Roberts Properties;
Mr. Ralph Wagner, Probe Engineering.
The following were heard:
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2
d. Mayor Greavu called for opponents. The following were heard:
Mr. Elmer Stanke, 910 E. Co. Road C
Mr. Tom Ahren, attorney representing Mr. Mike Parish, 2508 Keller Parkway;
Mr.: Jerry Derringer, Maple Leaf Drive In;
Mr. Steve Olson, 2515 Maplewood Drive;
Dr. Steve Kuslich, 2.400 Keller Parkway;
Mr. Dean Hedlund, 2424 Keller Parkway;
Mr. Don Christianson, 1111 E. County Road C;
Mr. Don Watson, 985 E. County Road C;
Mr. Tim Gallavin, 2532 Keller Parkway;
Mr. Claude Zagaria, 2514 Keller Parkway;
Mr. Jim Bowditch, 2524 Keller Parkway;
Mr. Rueben Heckmann, 2579 Cypress Street.
e. Mayor Greavu closed the public hearing.
I. Councilman Anderson introduced the following resolution and moved its
81 -6 -115
tion:
WHEREAS, it is deemed necessary, expedient, and proper to consider approval
of Forest Street Improvements (Improvement Project 78 -13);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA
that said project be denied for the following reasons:
1. There may be additional, and, at present, difficult to determine costs
involved in the construction of the ponding area;
2. Present residents feel there will be no direct, immediate benefit to them;
3. Because of the tenous nature of federal and state funding to municipalities,
the City may well be unable to bear a portion of development costs, if
the need should occur.
Seconded by Councilman Bastian. Ayes - all.
Linwood Avenue Improvements: Feasibility Study 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the construction
of sanitary sewer, watermain on Linwood Avenue 1320 feet east of McKnight Road.
b. Manager Evans presented the staff report and the Planning Commission report.
C. Mr. Scott Hari, Schoell and Madson, presented the specifics of the improvement.
d. Mayor Greavu called for persons who wished to be heard for or against the
project. The following persons were heard:
Mr. Kurt Schwichtenberg, the developer;
Mr. Ken Gervais; -
Ms. Cheryl Stanke, 2383 Linwood Avenue;
Mr. Joe Deray 2278 Linwood Avenue
Mr. George Oxford
e. Mayor Greavu closed the public hearing.
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6/4
f. Councilman Anderson introduced the following resolution and moved its adoption:
81 -6 -116
WHEREAS, a resolution of the City Council adopted the 7th day of May, 1981
fixed a date for a Council hearing on the proposed improvement of Linwood Avenue
from McKnight Road easterly a distance of 1,320 feet by the construction of san-
itary sewer, watermain and necessary appurtenances; and
WHEREAS, ten days published notice of the hearing through two weekly publications
of the required notice was given and the hearing was held thereon on the 4th day
of June, 1981, at which all persons desiring to be heard were given an opportunity
to be heard thereon;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA:
1. Such improvement is hereby ordered as proposed in the Council resolution
adopted the 4th day of June, 1981.
2. That said project be contingent upon the developer entering into the standard
agreement and submitting the required surety within 90 days.
3. The City Engineer is hereby directed to prepare plans for the making of
such improvement.
Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilperson Juker, Councilmen
Anderson and Nelson.
Nays - Councilman Bastian.
3. Liquor License - Wright - Beam Avenue 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Daniel Wright for on Off -Sale Liquor License to be located on the south side
of Beam Avenue and 300 feet west of White Bear Avenue.
b. Manager Evans presented the staff report..
c. The applicant, Mr. Daniel Wright, spoke on behalf of his request.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Counciman Nelson introduced the following resolution and moved its adoption:
81 -6 -117
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the
City of Maplewood on June 4, 1981, an Off Sale Intoxicating Liquor License was
approved for Daniel Wright, Comstock, Inc., dba North Country Vineyard and Spirits,
to be located in the Commercial Partners Project (south side of Beam Avenue, 300
feet west of White Bear AVenue).
The Council proceeded in this matter as outlined under the provisions of the
City Ordinances.
Seconded by Councilperson Juker.
Ayes - all.
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4. Carsgrove's Meadow lst and 2nd Addition
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Roberts Properties for approval of aproposed land subdivision plat to be known
as Carsgrove's Meadows lst and 2nd Addition.
b. Manager Evans stated the applicants were requesting this item be tabled.
C. Councilman Nelson moved to table this item until the meeting of July 16, 1981.
Seconded by Councilperson Juker.
Ayes — all.
Mayor Greavu recessed the meeting at 9:27 P.M. to convene as the Board of Appeals
and Adjustments.
Mayor Greavu reconvened the meeting at 9:34 P.M.
6. Special Use Permit — Parkside Fire Station 8:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Parkside Fire Department for approval of aspecial use permit to construct
an addition.
b. Manager Evans presented the staff report.
C. Mr. Ed Parkside Fire Department, spoke on behalf of the request.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilman Nelson introduced the following resolution and moved its adoption:
81 -6— 118
WHEREAS, the Council of the City of Maplewood, acting on its own initiative
as provided under Section 911.010 of the Municipal Code of the City of Maplewood,
for the property described as follows:
Parkside Fire Department
2001 McMenemy St.
Lot 1, Block 1
Maplewood Office Center
which has been proposed for Special Use Permit.
WHEREAS, apublic hearing was held on June 4, 1981 at 8 :00 P.M. in the City
Hall, notice thereof having been duly published in the official City newspaper,
and notices of said hearing having been mailed to all property owners of record
within 300 feet of the area proposed for construction of a 1870 square foot addit-
ion; and
WHEREAS, the City Planning Commission has made its recommendations; and
WHEREAS, it appears for the best interest of the public that said Special
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Use Permit be .granted;
.NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the petition for the above described Special Use Permit for construction
of a 1870 square foot addition be granted.
Seconded by Councilperson Juker. Ayes - all.
7. Special Use Permit: 1247 Kohlman Avenue - Buesing 8:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Jonathan Buesing, 1247 E. Kohiman Avenue, for a special use permit to construct
an addition onto a single family dwelling located in an M -1 Light Manufacturing
District.
b. Manager Evans presented the staff report.
C. Commissioner Howard presented the following Planning Commission recommendation:
"Commissioner Fischer moved the Planning Commission recommend the City Council
approve a special use permit to allow the expansion of the applicant's home as
proposed in the application. The basis for approval is that:
1. The expansion would not be significant enough to discourage development of
the subject parcel as zoned;
2. The addition would bring the floor area closer to the minimum required by
the Code;
3. The proposal is consistent with the Land Use Plan designation RL, Low Density
Residential.
Commissioner Whitcomb seconded. Ayes all."
d. The applicant, Jonathan Buesing, 1247 Kohlman Avenue., spoke on behalf of request.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilman Anderson introduced the following resolution and moved its adoption:
81 -6 -119
WHEREAS, the Council of the City of Maplewood, acting on its own ititiative
as provided under Section 911.010 of the Municipal Code of the City of Maplewood,
for the property described as follows:
1247 Kohlman Avenue
Unplatted Lands
Beg at a pt 531 75/100 ft W and 378 4/10 It S of NE cor of SE 1/4 of SE 1/4
th S 215 7/10 It to Nely L of Kohlman Ave th N 50 deg 36 min W on sd Nely
L 108 ft th N 67 deg 12 min W on ad Nely L 70 ft th N 22 deg 48 min E 100
It th N 76 deg 40 min E 116 3/10 ft to beg part of SE 1/4 of SE 1/4 of
Section 4, Township 29, Range 22
which has been proposed for Special Use Permit;
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WHEREAS, a public hearing was held on June 4, 1981 at 8:15 P.M. in the City
Hall, notice thereof having been duly published in the official City newspaper,
and notices of said hearing having been mailed to all property owners of record
within 300 feet of the area proposed to construct an addition onto a single dwelling
located in an M -1 Light Manufacturing District;
WHEREAS, the City Planning Commission has made its recommendations; and
WHEREAS, it appears for the best interest of the public that said Special
Use Permit be granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the petition for the above described Special Use Permit to construct an
addition onto a single dwelling located in an M -1 Light Manufacturing District
be granted.
Seconded by Councilperson Juker. Ayes - all.
8. Special Use Permit: 1237 E. County Road C - Pitt 8:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Mr. Harold Pitt, 1237 E. County Road C for a special use permit to construct
an addition onto a single dwelling located in an M -1 Light Manufacturing District.
b. Manager Evans presented the staff report.
C. Commissioner Howard presented the following Planning Commission recommendation:
"Commissioner Fischer moved the Planning Commission recommend to the City Council
approval of a special use permit to allow the expansion of the applicant's home.
The basis for approval is that the expansion would not be significant enough to
discourage development of the subject parcel as zoned and is in keeping with the
Land Use Plan designation of RL, Lower Denisty Residential.
Commissioner Howard seconded.. Ayes all."
d. The applicant, Gertrude Pitt, 1237 E. County Road C, spoke on behalf of the
request.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilperson Juker introduced the following resolution and moved its adoption:
81 - 6 - 120
WHEREAS, the Council of the City of Maplewood, acting on its own initiative
as provided under Section 911.010 of the Municipal Code of the City of Maplewood,
for the property described as follows:
1237 E. County Road C
Unplatted Lands
Sub to Co Rd. C the E 66 ft of S 383 3/10 ft of SW 1/4 of SE 1/4 of SE 1/4
of Section 4, Township 29, Range 22
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which has been proposed for Special Use Permit.
WHEREAS, a public hearing was held on June 4, 1981 at 8:30 P.M. in the City
Hall, notice thereof having been duly published in the official City newspaper,
and notices of said hearing havingbeen - mailed to all property owners of record
within 300 feet of the area proposed to construct an addition onto a single dwelling
located in an M -1 Light Manufacuring District; and
WHEREAS, the City Planning Commission has made its recommendations; and
WHEREAS, it appears for the best interest of the public that said Special
Use Permit be granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the petition for the above described Special Use Permit to construct an addition
onto a single dwelling located in an M -1 (Light Manufacutring District) be granted.
Seconded by Councilman Bastian. Ayes - all.
G. AWARD OF BIDS (continued)
2. Carry Ails
a. Manager Evans presented the staff report.
b. Councilman Bastian moved to instruct staff to investigate the possibility
of other departments utilizing the two carry a1is instead of selling them and
i.f nroner utilization cannot be accomplished staff is authorized to sell them
report back to
Seconded by Councilperson Joker. Ayes - all.
H. UNFINISHED BUSINESS (continued)
2. Commercial Revenue Note: Maplewood Racquetball Club
a. Manager Evans stated this item is continued from the May 7 meeting.
b. Mr. Mark Haggarty, 6441 University Avenue, Minneapolis, representing Maplewood
Racquetball Club, Inc., spoke on behalf of the request.
c. Mayor Greavu called for anyone who wished to be heard for or against the proposal.
None were heard.
d. Councilman Bastian introduced the following resolution and moved its adoption:
81 - 6 - 121
RESOLUTION GIVING PRELIMINARY APPROVAL TO
A PROJECT UNDER.THE MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT, REFERRING THE PROPOSAL
TO THE COMMISSIONER OF SECURITIES FOR
APPROVAL, AND AUTHORIZING PREPARATIN OF
NECESSARY DOCUMENTS.
1. It is hereby found, determined and declared as follows:
I.I. The welfare of the State of Minnesota (the "State ") requires active
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promotion, attraction, encouragement and development of economically sound industry
and commerce through governmental acts to prevent, so far as possible, emergence
of blighted lands and areas of chronic unemployment, and it is the policy of the
State to facilitate and encourage action by local government units to prevent
the economic deterioration of such areas to the point where the process can be
reversed only by total redevelopment through the use of local, state and federal
funds derived from taxation, with the attendant necessity of relocating displaced
persons and of duplicating public services in other areas.
1.2. Technoligical change has caused a shift to a significant degree in the
area of opportunity for educated youth to processing, transporting, marketing,
service and other industries, and unless existing and related industries are retained
and new industries are developed to use the available resources of the City, a
large part of the existing investment of the community and of the State as a whole
in educational and public service facilities will be lost, and the movement of
talented, educated personnel of mature age to areas where their services may be
effectively used and compensated and the lessening attraction of persons and businesses
from other areas for purposes of industry, commerce and tourism will deprive
the City and the State of the economic and human resources needed as a base for
providing governmental services and facilities for the remaining population.
1.3. The increase in the amount and cost of governmental services requires
the need for more intensive development and use of land to provide an adequate
tax base to finance these costs.
1.4. Maplewood Racquet Club, Inc., a Minnesota corporation (the "Company "),
has advised the City Council that it desires to acquire and construct a building
and acquire and install equipment therein on land presently owned by the Company
(collectively, the "Project ") to be utilized as racquetball club facilities.
1.5. The existence of the Project in the City will contribute to more intensive
development and use of land to increase the tax base of the City and overlapping
taxing authorities and maintain and provide for an increase in opportunities for
employment for residents of the City.
1.6. The City has been advised that conventional, commercial financing to
pay the capital cost of the Project is available at such costs of borrowing that
the economic feasibility of operating the Project would be significantly reduced,
but that with the aid of municipal financing and its resulting low borrowing cost
the Project is economically more feasible.
1.7. This City Council has been advised by a representative of Piper, Jaffray
& Hopwood Incorporated, in Minneapolis, Minnesota, investment bankers and dealers
in municipal bonds, that on the basis of information submitted to them and their
discussions with representatives of the Company and potential buyers of tax - exempt
bonds, industrial development revenue bonds, notes or other obligations of the
City could be issued and sold upon favorable rates and terms to finance the Project.
1.8. The City is authorized by Minnesota Statutes, Chapter 474, to issue
its revenue bonds, notes or other obligations to finance the cost, in whole or
in part, of the acquisition, construction, reconstruction, improvement or extension
of capital projects consisting of properties used and useful in connection with
a revenue producing enterprise, such as that of the Company; the issuance of such
bonds, notes or other obligations by the City would be a substantial inducement
to the Company to construct its facility in the City.
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2. On the basis of information given the City to date, it appears that it
would be in the best interest of the City to issue its commercial development
revenue bonds, notes or other obligations under the provisions of Chapter 474
to finance the Project of the Company at a cost presently estimated not to exceed
$1,200,000.
3. The Project is hereby given preliminary approval by the City and the issuance
of bonds, notes or other obligations for such purpose and in such amount is hereby
approved, subject to approval of the Project by the Commissioner of Securities
and to the mutual agreement of this body, the Company and the initial purchasers
of the bonds, notes or other obligations as to the details of the bond issue and
provisions for their payment. In all events, it is understood, however, that
the bonds, notes or other obligations of the City shall not constitute a charge,
lien or encumbrance, legal or equitable, upon any property of the City except
the Project, and each bond, note or other obligation when, as and if issued shall
recite in substance that the bond, note or other obligation, including interest
thereon, is payable solely from the revenues received from the Project and property
pledged to the payment thereof and shall not constitute a debt of the City.
4. In accordance with Minnesota Statute, Section 474.01, Subdivision 7(a),
the Mayor is hereby authorized and directed to submit the proposal for the Project
to the Commissioner of Securities for approval of the Project. The Mayor, the
City Clerk, the City Attorney and other officers, employees and agents of the
City are hereby authorized to provide the Commissioner of Securities with any
preliminary information needed for this purpose, and the City Attorney is authorized
to initiate and assist in the preparation of such documents as may be appropriate
to the Project, if it is approved by the Commissioner of Securities.
Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilmen Anderson, Bastian
and Nelson.
Nays — Councilperson Juker.
3. Cope Avenue Connection
a. Manager Evans presented the staff report recommending that the City should
issue its check in the amount of $5,300 payable to Lais, Bannigan and Ciresi,
P.A. Trust Account for the purpose of concluding settlement of the E1ia— Carbone
case.
b. Mayor Greavu moved to accept recommendation of staff and issue a check in
the amount of $5,300 to settle the Elia— Carbone case as it pertains to the Co
Avenue Connection Improvement 79 -1.
Seconded by Councilman Nelson. Ayes — all.
4. Gervais Avenue Right of Way — Northwestern Bell Donation
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
81 -6 -122
BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minr.esota,
as follows:
WHEREAS, the City of Maplewood has determined, pursuant to the provisions of
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Minnesota Statutes, Section 429, that it is reasonable, necessary and for a public
purpose that Gervais Avenue between Kennard Street and White Bear Avenue be realigned
and reconstructed; and -
WHEREAS, pursuant to the provisions of Minnesota Statutes, chapter 117, the
Ramsey County District Court has determined that it is reasonable, necessary and
authorized by law for the City of Maplewood to acquire by negotiation, donation,
or proceedings in eminent domain the right of way necessary to realign and reconstruct
Gervais Avenue from Kennard Street to White Bear AVenue, more commonly known as
Public Improvement Project No. 77 -9; and
WHEREAS, the Northwestern Bell Telephone Company, an Iowa corporation, proposes
to donate to the City of Maplewood those permanent and temporary construction
easements necessary for the alignment and reconstruction of Gervais Avenue; and
WHEREAS, certain Commissioners duly appointed by that Order of the District
Court dated September 17, 1980, Ramsey County District Court File No. 446254,
filed their Report and Award of Damages dated April 15, 1981 as it pertains to
Parcel 8 therein in the amount of $5,200; and
WHEREAS, it is the intention of Northwestern Bell Telephone Company to waive
receipt of said damages as an award and to donate said right of way to the City
of Maplewood;
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. That the Maplewood City Council accepts the donation by the Northwestern
Bell Telephone Company of the permanent and temporary construction easements necess-
ary for the realignment and reconstruction of Gervais Avenue from Kennard Street
to White Bear Avenue as more particularly described in Exhibits "A" and "B" attached
hereto and upon the acceptance of said donation by said Northwestern Bell Telephone
Company authorizes the City Attorney to record in the office of the Ramsey County
Recorder said permanent easement; and
BE IT FURTHER RESOLVED that the Maplewood City Council, in accepting this
donation, expresses its appreciation and that of the citizens of Maplewood for
the generosity of the donor and its public spiritedness.
Seconded by Councilman Bastian. Ayes - all.
I. VISITOR PRESENTATIONS
None.
J. NEW BUSINESS
1. Resolution on PERA
a. Manager EVans presented staff report.
b. Councilman Bastian introduced the following resolution and mvoed its adoption:
81 -6- 123
WHEREAS, Barry R. Evans has notified the City Council of his election
to be excluded from membership in the public employees retirement association
and has provided this Council with a copy of his written election to.:doso,;all
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as authorized by Minnesota Laws 1981, Chapter 353 (Min. Stats. 353.025);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood as
follows:
1. The council makes the following findings:
a. Barry R. Evans is a City Manager of the City of Maplewood, Minnesota.
b. That position is provided for in Optional Plan B adopted by the voters of the City of
Maplewood on June 18, 1968.
e. He was duly appointed to serve in that position effective February 26, 1979,
d. The City Manager is the chief administrative officer of the City of Maplewood.
e. Acting under Minnesota Laws 1981, Chapter 353, (Minn. Stats. 353.025) he has elected
to be excluded from membership in the public employees retirement association,
effective upon his filing such election with the executive director of that association.
f In making this election he has agreed that he will not at any time in the future seek any
authorization to purchase service credit for any period of excluded service. He has further
agreed that this election is irrevocable.
2. Said election is therefore approved.
3. A certified copy of this resolution shall be provided to the executive director of said
association.
Seconded by Councilperson Joker. Ayes — all.
2. Police Aide
a. Manager Evans presented the staff report.
b. Lt. Dennis Delmont explained the need for the position.
c. Councilman Nelson moved to reauthorize the position of Police Aide within the Police
Department effective immediately at grade II at $932.00 per month.
Seconded by Mayor Greavu. Ayes — all.
K. COUNCIL PRESENTATIONS
1. Highway 61 and Frost Avenue
a. Councilman Bastian stated he was again requesting the staff to contact the proper
authorities to place a white line on Highway 61 where traffic makes a left turn.
b. Staff will investigate.
2. Drafting Style
a. Councilman Bastian stated he would like to seethe proposed ordinance prepared
-17- 6/4
L.
in a different style. He presented samples of ordinance drafting styles to the
Council.
b. No action taken.
3. Battle Creek
a. Mayor Greavu stated he would like to have someone representing Maplewood on
the Battle Creek Watershed Board.
ADMINISTRATIVE PRESENTATIONS
1. Fiscal Disparities
a. Manager Evans stated the City of Shakopee is fighting Fiscal Disparities.
The State Supreme Court has agreed to hear their appeal. The cost of the litigation
is $23,511 and an additional cost of $11,000 will be required to finish the Supreme
Court appeal for a total cost of $34,511.00. It is possible that approximately
18 communities would gain from the appeal. A suggested price of $1,500 each from
supporting cities. They are asking Maplewood to support them.
b. Councilman Anderson moved to authorize joining in
Disparities litigation and to approve the $1,500 dona
Seconded by Mayor Greavu.
ADJOURNMENT
10:25 P.M.
— 18 —
with the Fiscal
ion
Ayes — all.
City Clerk
6/4
ose.