HomeMy WebLinkAbout06.14.82MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, June 14, 1982
Council Chambers, Municipal Building
Meeting No. 82 -13
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 7:05 P.M. by Mayor - Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Joker, Councilmember Present
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes 82 -11 - May 6, 1982
Councilmember Anderson moved to approve the Minutes of Meeting No. 82_11 (May 6, 1982
as submitted.
Seconded by Councilmember Bastian. Ayes - all
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the agenda as amended:
1. Down Zoning
2. Maplewood Plaza
3. 10 K Race
4. Dental Specialties - Revenue Note
Seconded by Councilmember Bastian.
E. CONSENT AGENDA
Ayes - all.
Council removed Item E -4 from the Consent Agenda to become Item J -9.
Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes - all, to approve_
the Consent Agenda Items 1 through 3 as recommended.
1. Accounts Payable
Approved the accounts (Part I Fees, Services, Expenses, Check No. 000459 through Check
No. 000536 - $191,106.85; Check No. 013254 through Check No. 013404 - $231,626.49:
Part II - Payroll Check No. 03913 through Check No. 04035 - $54,677.85) in the amount
of $477,411.19.
2. County Road B and Atlantic Stop Signs
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82 -6 -62
WHEREAS, residents in the vicinity of County Road B and Atlantic Street have
requested four —way stop signs at the intersection; and
WHEREAS, a number of accidents have occured at this intersection;
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that
it requests Ramsey County erect four —way stop signs at the intersection of County
Road B and Atlantic Street if the warrants are satisfied as established in the
Minnesota Manual of Uniform Traffic Control Devices.
3. 1980 Census — Neighborhood Statistics Program
Authorized the Mayor to sign a letter reaffirming. Maplewood's desire to participate
in the Neighborhood Statistics Program.
F. PUBLIC HEARINGS
1. Special Use Permit: 47 S. Century — Lutheran Church of Peace
a. Mayor Greavu convened the meeting for a public hearing on the request of Lutheran
Church of Peace for a special use permit revision to increase the number of allowable
students at any one time from thirty to forty children. The Clerk stated the hearing
notice was found to be in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Mayor Greavu called for proponents. None were heard.
d. Mayor Greavu called for opponents. None were heard.
e. Mayor Greavu closed the public hearing.
f. Councilmember Anderson moved to approve a special exception permit revision —
for the operation —of a preschool` program to increase the number of allowable students
at any time from thirty to forty children at the Lutheran Church of Peace, _
47 South Century, subiect to the followine conditions:
1. Correction of all Life Safety and Building Code deficiencies, prior to the
1982 school year.
2. If no nuisance conditions exist at the end of three years, the permit may be
renewed by the City Council.
Approval is recommended on the basis that:
1. The proposal is consistent with the intent of the City Code
2. The proposal will not substantially change or detract from the use of the
neighboring or subject property.
3. The proposal is in the best interests of the community and public welfare
4. There have not been any nuisances or complaints during the past nine years
of operation.
Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilmembers
Anderson, Juker and Maida
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Councilmember Bastian abstained.
2. Variance: Larpenteur and Jackson - REM Development
a. Mayor Greavu reconvened the meeting for a public hearing on the request of
R E M Development for a variance from the requested number of parking spaces; var-
iance for exemption from the garage requirement and a variance to provide rooms
with less floor area than code requires.
b. Manager Evans presented the staff report.
C. Mayor Greavu moved to approve the following variance as requestedby -REM Develop-
ment:
1. A parking variance of fifteen spaces, subject to the condition that the parking
lot shall be restriped with nine and 8 1/2 foot wide spaces upon determination
by the City that a parking problem exists.
2. A parking variance waiving the requirement for garages.
3. A floor area variance for 180 square -foot bedrooms.
Seconded by Councilmember Anderson
Ayes - Mayor. Greavu, Councilmembers
Anderson and Maida.
Nays - Councilmembers Bastian and
Juker.
3. Preliminary Plat: Gervais Overlook - 7:15 P.M.
a. Mayor Greavu moved to table this item until the meeting of July 12, 1982 as
the applicant, Mr. Richard Anderson, was hospitalized.
Seconded by Councilmember Anderson. Ayes - all.
H. UNFINISHED BUSINESS
1. Code Amendment - 2nd Reading
a. Councilmember Bastian introduced the following ordinance and moved its
ORDINANCE NO. 516
AN ORDINANCE AMENDING SECTIONS 214 AND 916 OF THE
MAPLEWOOD CITY CODE RELATING TO THE DEFINITION OF
BOARDING AND ROOMING HOUSE
THE COUNCIL OF THE CITY OF MAPLEWOOD.DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 214.040 (4) (X) is hereby amended as follows (language to be
deleted is crossed out and proposed language is underlined):
ion:
x.-- Resmiag- lieusg _shall_mgau_auy_�asideung_ building_ nx _au�Z_paxk_khe�enfT_cnntaining
nrae_ nz_ mn�e- �enmiag _uxiits,_ia_which_space_is_ rented _hy_the_oraner_or_nperator
ta_thxee_ex_mnre_persnns_whn_ are_ nnt_ hnshand_ ax_ raiie�_san_nr_daughter.,_mother
a�_faLhesr_ sister- e�_ b�e�he�- e €- �1 }e- ewaes- e�- ege�s�e��
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X. Rooming House: As defined in Section 916.010 -(20) of the City Zoning g ode.
For purposes of this ordinance, there shall be no distinction made between
rooming and boarding house.
Section 2. Section 916.010 is hereby amended to add the following language:
916.010 (19) Boarding House: A rooming house in which meals are provided.
916.010 (20) Rooming House: Any single housekeeping unit in which space is
rented, less meals, to persons unrelated to the resident manager or property
owner, in excess of the definition of family, as defined in Section 916.010
(7).
Section 3. This ordinance shall take effect and be in force from and after
passage and publication.
Seconded by Mayor Greavu. Ayes — all.
3. Frost Avenue Improvements
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to concur with the preliminary plans for the follow-
ing improvements (nos. 1 and 2) with the condition Council reserves the right for
1. Street reconstruction of Frost Avenue from Birmingham Street to White Bear
Avenue to width of 52 feet with concrete curb and gutter.
2. Storm sewer —trunk piping with catch basins from Manton Street to Prosperity
Road. This system is proposed to outlet into the Grit chamber located in the
Wakefield Park property. The inplace system east of Prosperity would be recon-
structed to accommodate the new roadway width and elevations.
Seconded by Mayor Greavu.
Ayes — all.
C. Councilmember Anderson moved to concur with the preliminary plans for the follow-
ing improvement (no.3) with the condition Council reserves the right for final
approval:
The County is requesting that the City consider construction of a detached
eight —foot bituminous path from Hazelwood Street to White Bear Avenue. The
County would pay for the initial cost of construction and the City would pay
for any additional right —of —way needed for the path.
Seconded by Mayor Greavu.
G. AWARD OF BIDS
1. Award of Bids — Bond Sale — 7:30 P.M.
a. Manager Evans presented the staff report.
Ayes — Mayor Greavu, Councilmember
Anderson, Juker and Maida.
Nays — Councilmember Bastian.
b. Mr. Andrew Merry,.Juran and Moody, Inc., presented the specifics of the bids.
C. Mayor Greavu introduced the following resolution and moved its adoption:
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82 -6 -63
RESOLUTION ACCEPTING BID ON SALE OF
$3,050,000 GENERAL OBLIGATION
TEMPORARY IMPROVEMENT BONDS OF 1982
PROVIDING FOR THEIR ISSUANCE
BE IT RESOLVED by the Council of the City of
Maplewood, Minnesota, as follows:
I. The bid of to
purchase $3,050,000 General Obligation Temporary Improvement
Bonds of 1982 of the City, in accordance with the notice of
bond sale, at the rates of interest hereinafter set forth, and
to pay therefor the sum of $ plus interest accrued
to settlement is hereby found, determined and declared to be
the most favorable bid received, and is hereby accepted and the
bonds are hereby awarded to said bidder. The Clerk is directed
to retain the deposit of said bidder and to forthwith return
the good faith checks or drafts to the unsuccessful bidders.
The bonds shall be payable as to principal and interest at
or any successor paying agent duly appointed by the City.
2. The $3,050,000 negotiable coupon general obliga-
tion bonds of the City shall be dated July 1, 1982 and shall be
issued forthwith. The bonds shall be 610 in number and
numbered from 1 to 610, both inclusive, in the denomination of
$5,000 each. All of the bonds shall mature on July 1, 1985.
3. The bonds shall provide funds to refund at
maturity the City's outstanding General Obligation Temporary
Improvement Bonds of 1979, dated August 1, 1979 (the "Prior
Bonds ") and to provide funds for the construction of various
improvements in the City (the "Improvements "). The total cost
of the purposes for which the bonds were issued is estimated to
be at least equal to the amount of the bonds herein authorized.
4. The bonds shall bear interest payable January 1,
1983 and semiannually thereafter on July 1 and January 1 of
each year at the rate per annum of
percent ( %).
5. All or any portion of the bonds shall be subject
to redemption and prepayment at the option of the City, on July
1, 1983 and on any interest payment date thereafter at par and
accrued interest. If only a part of the bonds are called for
prepayment, the specific bonds to be prepaid shall be chosen by
lot by the paying agent. Thirty days published notice of
redemption shall in each case be given in accordance with law,
and mailed notice of redemption shall be given to the bank
where the bonds are payable. The form of notice of redemption
is attached hereto as Exhibit A.
6. The bonds and interest coupons to be issued
hereunder shall be in substantially the following form:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
No. $5,000
GENERAL OBLIGATION TEMPORARY IMPROVEMENT
BOND OF 1982
KNOW ALL PERSONS BY THESE PRESENTS that the City of
Maplewood, Ramsey County, Minnesota, certifies that it is
indebted and for value received promises to pay to bearer the
principal sum of
FIVE THOUSAND DOLLARS
on the first day of July, 1985 and to pay interest thereon from
the date hereof until the principal is paid at the rate of
percent (_%) per
annum, payable on the first day of January, 1983 and
semiannually thereafter on the first day of July and the first
day of January in each year, interest to maturity being
represented by and payable in accordance with and upon
presentation and surrender of the interest coupons hereto
attached, as the same severally become due. Both principal and
interest are payable at
or any successor paying agent duly
appointed by the City, in any coin or currency of the United
States of America which at the time of payment is legal tender
for public and private debts.
All or any portion of the bonds of this issue are
subject to redemption and prepayment at the option of the City,
on July 1, 1983 and on any interest payment date thereafter at
par and accrued interest. If only a part of the bonds are
called for prepayment the specific bonds to be prepaid shall be
chosen by lot by the paying agent. Thirty days published
notice of redemption shall in each case be given in accordance
with law, and mailed notice of redemption shall be given to the
bank where the bonds are payable.
This bond is one of an issue in the total principal
amount of $3,050,000 all of like date and tenor, except as to
serial number, which bond has been issued pursuant to and in
full conformity with the Constitution and laws of the State of
Minnesota for the purpose of providing money to refund at
maturity the City's outstanding General Obligation.Temporary
Improvement Bonds of 1979, dated August 1, 1979 and to provide
funds for the construction -of various improvements in the City
and is payable out of the Special Assessment Fund of the City,
and into which fund there are to be paid the proceeds of the
improvement bonds which the City is required by law to issue at
or prior to the maturity of this bond for the purpose of
refunding the same if the special assessments theretofore
collected or any other municipal funds which are properly
available and are appropriated by the City Council for such
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purpose, are not sufficient for the payment thereof. This bond
constitutes a general obligation of the City and to provide
moneys for the prompt and full payment of the principal and
interest when the same become due, the full faith and credit of
said City have been and are hereby irrevocably pledged.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required by the Constitution and laws of
the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this bond, have
been done, have happened and have been performed, in regular
and due form, time and manner as required by law, and this
bond, together with all other debts of the City outstanding on
the date hereof and the date of its actual issuance and
delivery does not exceed any constitutional or statutory
limitation of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey,
County, Minnesota, by its City Council has caused this bond to
be executed in its behalf by the facsimile signature of the
Mayor and the manual signature of the Clerk, the corporate seal
of the City having been intentionally omitted as permitted by
law, and has caused the interest coupons to be executed and
authenticated by the facsimile signatures of said officers, all
as of July 1, 1982.
/s/ Facsimile
Clerk Mayor
IZP7
On the first day of January (July ), 19 , unless the
bond described below is called for earlier redemption, the City
of Maplewood, Ramsey County, Minnesota, will pay t6 bearer at
or any
successor paying agent duly appointed by the City, the sum
shown hereon for interest then due on its General Obligation
Temporary Improvement Bond of 1982, No. dated July 1,
1982.
/s/ Facsimile Is/ Facsimile
Clerk Mayor
7. The bonds shall be executed on behalf of the City
by the signatures of its Mayor and Clerk and be sealed with the
seal of the City; provided, that one (or both) of the
signatures and the seal of the City may be printed facsimiles
(if the bonds are also signed manually by at least one such
officer); and provided further that the corporate seal may be
omitted on the bonds as permitted by law. The interest coupons
pertaining thereto shall be executed by the printed., engraved
or lithographed facsimile signatures of the Mayor and Clerk.
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B. The bonds when so prepared and executed shall be
delivered by the Treasurer to the purchaser thereof upon
receipt of the purchase price, and the purchaser shall not be
obliged to see to the proper application thereof.
9. There has heretofore been created a Debt Service
Account (the "1979 Debt Service Account ") in the "General
obligation Temporary Improvement Bonds of 1979 Fund ". The 1979
Debt Service Account was established for the purpose of paying
the principal and interest on the Prior Bonds. Of the proceeds
derived from the bonds herein authorized, $ shall be
credited to the 1979 Debt Service Account (whic —r h sum, together
with sums already held in the 1979 Debt Service Account, is
sufficient to pay all principal and interest to become due on
the Prior Bonds on August 1, 1982). Any surplus in the 1979
Debt Service Account in excess of such requirements is hereby
pledged and shall be credited to the Common Debt Service
Account hereinafter provided for; and, upon determination of
such surplus all uncollected special assessments and taxes, if
any, payable to the 1979 Debt Service Account are hereby
pledged and shall thereafter also be credited to the Common
Debt Service Account.
10. There has heretofore been created a special fund
designated "Special Assessment Fund" held and administered by
the City Treasurer separate and apart from all other funds of
the City. Said fund shall continue to be maintained in the
manner heretofore specified until all of the bonds heretofore,
herein and hereafter authorized and made payable from said fund
and the interest thereon have been fully paid. In said fund
there shall be created and maintained a separate account, to be
designated as the "1982 Improvement Bonds Construction
Account ". The proceeds of the sale of the bonds herein
authorized, less (1) any accured interest received thereon, (2)
any amount paid for said bonds in excess of $2,990,525, and (3)
$ to be credited to the 1979 Debt Service Account,
plus any special assessments levied with respect to the
Improvements and collected prior to completion of the
Improvements and payment of the costs thereof, shall be
credited to the 1982 Improvement Bonds Construction Account
or the Construction Account heretofore created and designated
specifically for a particular improvement, from which there
shall be paid all costs and expenses of making the Improvements
including the cost of any construction contracts heretofore
let, the costs of issuance of the bonds and all other costs
incurred and to be incurred of the kind authorized;in Minnesota
Statutes, Section 475.65; and the moneys in said account shall
be used for no other purpose except as otherwise provided by
law; provided that the bond proceeds may also be used to the
extent necessary to pay interest on said bonds due prior to the
anticipated date of commencement of the collection of special
assessments herein covenanted to be levied; and provided
further that if upon completion of the Improvements there shall
remain any unexpended balance in the 1982 Improvement Bonds
Construction Account or such other Construction Account, said
balance (other than any special assessments) may be transferred
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by the Council to the account of any other improvement
instituted pursuant to Minnesota Statutes, Chapter 429; and
provided further that any special assessments credited to the
1982 Improvement Bonds Construction Account or such other
Construction Account, are hereby pledged and shall be used only
to pay principal and interest due on the bonds and any
improvement bonds issued to refund the bonds. There is hereby
pledged and there shall be credited to the Common Debt Service
Account heretofore created (a) all collections of special
assessments herein covenanted to be levied and either initially
credited to the 1982 Improvement Bonds Construction Account or
such other Construction Account and required to pay any
principal and interest due on the bonds or collected subsequent
to the completion of the Improvements and payment of the costs
thereof; (b) all accrued interest received upon delivery of
said bonds, (c) all funds paid for said bonds in excess of
$2,990,525, (d) any collections of all taxes hereafter levied,
if any, for the payment of the bonds; (e) all funds remaining
in the 1982 Improvement Bonds Construction Account or such
other Construction Account after completion of the Improvements
and payment of the costs thereof, not so transferred to the
account of another improvement and (f) all funds remaining in
or payable to the 1979 Debt Service Account after provision for
payment of all principal and interest due on the bonds payable
therefrom. The Common Debt Service Account shall be used
solely to pay the costs of issuance of the improvement bonds to
be issued to refund the bonds herein authorized and to pay
principal and interest and any premiums, if any, for redemption
on the bonds issued hereunder and any other general obligation
bonds of the City heretofore or hereafter issued by the City
and made payable from said account as provided by law. The
City may in its discretion for accounting purposes create
separate subaccounts in the Common Debt Service Account for
individual issues of improvement bonds. Any sums from time to
time held in the Common Debt Service Account (or any other City
account which will be used to pay principal or interest to
become due on the bonds) in excess of amounts which under the
applicable federal arbitrage regulations may be invested
without regard as to yield shall not be invested at a yield in
excess of the applicable yield restrictions imposed by said
arbitrage regulations on such investments after taking into
account any applicable "temporary periods" made available under
the federal arbitrage regulations.
11. The City has heretofore levied special
assessments pursuant to resolution which assessments were
pledged to the payment of the principal and interest on the
Prior Bonds and are now pledged to the payment of principal and
interest on the bonds herein authorized. Said assessments were
levied in the years to The balance of said special
assessments levied in 1981 and collectible in 1982 and all
assessments collectible thereafter including any delinquent
assessments shall be payable in equal, consecutive, annual
installments, with general taxes for the years shown below and
with interst on the declining balance of all such assessments
at the rate shown opposite such years.
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Improvement
Designation Amount Rate Levy Years
12. It is hereby determined that no less than 20% of
the cost to the City of each Improvement within the meaning of
Minnesota Statutes, Section 475.58, Subdivision 1(3) shall be
paid by special assessments to be levied against every
assessable lot, piece and parcel of land benefited by the
improvements. The City hereby covenants and agrees that it
will let all construction contracts not heretofore let within
one year after ordering each Improvement financed hereunder
unless the resolution ordering the Improvement specifies a
different time limit for the letting of construction contracts
and it will hereafter "authorize by resolution" (within the
meaning of Minnesota Statutes, Section 475.55(3), as amended),
the special assessments and it will do and perform as soon as
they may be done, all acts and things necessary for the final
and valid levy of such special assessments, and in the event
that any such assessment be at anytime held invalid with
respect to any lot, piece or parcel of land due to.any error,
defect, or irregularity, in any action or proceedings taken or
to be taken by the City or this Council or any of the City
officers or employees, either in the making of the'.assessments
or in the performance of any condition precedent thereto, the
City and this Council will forthwith do all further acts and
take all further proceedings as may be required by law to make
the assessments a valid and binding lien upon such property.
13. To further provide moneys for the prompt and full
payment of principal and interest on the temporary improvement
bonds, the City shall issue and sell improvement bonds, at or
prior to the maturity date of the bonds issued hereunder, in
such amounts as are needed to pay the principal and interest
then due on the temporary improvement bonds after the
application of the assessments theretofore collected, and the
appropriation of such other municipal funds as are properly
available for such purpose. The Council hereby finds,
determines and declares that the estimated collections of
special assessments to be received before the maturity date of
the temporary improvement bonds, together with the proceeds of
any improvement bonds to be issued at or before the maturity
date, and other revenues pledged for the payment of the
temporary improvement bonds and the interest thereon will equal
at least 58 in excess of the principal and interest
requirements of the temporary improvement bonds as the same
become due.
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For the prompt and full payment of the principal and interest on the bonds, .
as the same respectively become due, the full faith, credit and taxing powers of
the City shall be and are hereby irrevocably pledged. If the balance in the Common
Debt Service Account is ever insufficient to pay all principal and interest then
due on the bonds payable therefrom, the deficiency shall be promptly paid out of
any other funds of the City which are available for such purpose, and such other
funds may be reimbursed with or without interest from the Common Debt Service Account
when a sufficient balance is available therein.
14. The Clerk is hereby directed to file a certified copy of this resolution
with the County Auditor of Ramsey County, Minnesota, together with such other in-
formation as he shall require, and to obtain from the Auditor his certificate that
the bonds have been entered in the Auditor's Bond Register.
15. The officers of the City are hereby authorized and directed to prepare
and furnish to the purchaser of the temporary improvement bonds, and to the attorneys
approving the legality of the issuance thereof, certified copies of all proceedings .
and records of the City relating to the bonds and to the financial condition and
affairs of the City, and such other affidavits, certificates and information as
are required to show the facts relating to the legality and marketability of the
bonds as the same appear from the books and records under their custody and control
or as otherwise known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed representations
of the City as to the facts recited therein.
Seconded by Councilmember Anderson. Ayes —.all.
F. PUBLIC HEARINGS (continued)
4. Preliminary Plat /PUD Revision: Cave's Century Addition — 7:30 P.M.
a.- Mayor Greavu convened the meeting for a public hearing regarding the request
of M & S Development Company for approval of a revised planned unit development
and preliminary plat to construct 32 townhouses.
b. Manager Evans presented the staff report.
C. Mr. Len McGaughlin, M & S Development, spoke on behalf of the proposal.
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. Mayor Greavu moved to approve the revision to the Planned Unit Development__
permit for Cave's Century Addition subiect to the followine conditions:
"No Parking" signs to be placed on the private drives to maintain emergency vehicles
access.
Seconded by Councilmember Bastian.
Ayes — all.
h. Mayor Greavu moved to approve the Cave's Century Addition preliminary plat
subject to the revised conditions - -a s =Tws:
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1. Footings for double, townhouse or quad units shall be pinned by a registered
surveyor before the foundation is laid to assure that party walls will be con-
structed exactly on common lot lines.
2. All building construction shall comply with the approved PUD.
3. Submission of proposed bike trail easements.
4. Submission of a signed developers agreement to be approved by the Director
of Public Works.
5. The developer's agreement shall include the construction of a.10 —foot trail
and fencing on the proposed bike .trail easements, to be approved by the Director
of Community Services.
6. The developer's agreement shall include construction of a minimum five —foot
chain link fence on the Century East Townhouse property line, from the west
boundary of the Century East Apartments, to the northwest corner of the townhouse
property, and from the same corner to the northwest corner of lot 8, block
1. Myhra Addition. The Century East remainder of the recreation area, including
a lockable gate. The Association shall file an irrevocable letter of credit
or cash deposit with the City within one week of the signing of the Developer's
agreement, for the Association's share of the fence cost. If the fence is
not constructed by the Association within 60 days after the developer has com-
pleted his part of the fence, the Association's security deposit shall be forfeited
to the developer as reimbursement for his costs. Failure of the Townhouse
Association to agree to this condition shall end the developer's responsibility
for fencing.
7. Approval of final utility and drainage plans by the.Director of Public Works.
8. Implementation of the recommendations of the Soil Conservation Service.
9. Enlarge the utility easement for sanitary sewer and watermain to thirty feet
in width.
10. An easement from the adjacent property owner must be submitted for off —site
grading.
11. Revise the plat to provide twenty feet between blocks three and four.
12. Revise the plat to provide fifty feet between blocks two and three.
13. Homeowners agreement shall contain owner occupied.
Seconded by Councilmember Bastian. Ayes — all.
H. UNFINISHED BUSINESS (continued)
2. Kohlman Wetland Acquisition
a. Mr. Jim Tolaas, Ramsey County Department of Public Works, explained Ramsey
County's plans for the wetland acquisition.
b. Mayor Greavu introduced the following resolution and moved its adoption:
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82 -6 -64
WHEREAS, Ramsey County has undertaken a restoration project on the Phalen
chain of lakes under the Environmental Protection Agency Clean Lakes Program; and
WHEREAS, many project design plans for the restoration project have involved
the use of wetlands for filtration purposes to remove nutrients and suspended solids
from runoff water prior to inflow to the chain of lakes; and
WHEREAS, one of the major systems proposed is the Kohlman Wetland Treatment
System adjacent to the east side of Kohlman Lake near where County Ditch 18 enters
the lake; and
WHEREAS, in order to install the system it will be necessary to acquire certain
properties or easements that would be affected by the system installation or the
diverted County Ditch 18 flow; and
WHEREAS, the Board of Ramsey County Commissioners have authorized the acquisition
of certain lands or easements needed for the Kohlman Wetland Treatment System,
and has ordered the Public Works Department to seek approval of the City of Maplewood
for the acquisitions.
NOW, THEREFORE, DOES THE CITY COUNCIL OF MAPLEWOOD, approve the acquisition
of certain lands or easements on the east side of Kohlman Lake in Maplewood for
the Kohlman Wetland Treatment System, by Ramsey County for the Lake Phalen Restoration
Project.
Seconded by Councilmember Maida. Ayes – all.
4. Diseased Tree Program
a. Manager Evans presented the staff report.
b. Councilmember Bastian moved that a special levy to provide for removal of diseased
trees be imposed at $3.00 per $10,000 of assessed valuation. — -
Motion died for lack of a second.
C. Councilmember Bastian moved to assess 90% of the cost of the diseased tree
removal to the affected property owners, 10% received from the State and boulevard
trees be assessed at 50% for the 1981 diseased tree program.
Seconded by Councilmember Maida.
Ayes – all.
d. Councilmember Juker moved for the 1982 diseased tree pro
2, "the City assess 100% of the cost of all trees removed on
50% of the cost of removing boulevard trees".
Seconded by Councilmember Bastian.
ram assessment o'
ivate
tion
and
Ayes – Councilmember Bastian and
Juker.
Nays – Mayor Greavu, Councilmembers
Anderson and Maida.
e. Councilmember Bastian moved to assess a special levy to
tree removal of $2.10 per $10,000 assessed valuation.
for diseased__
Seconded by Councilmember Maida. Ayes – Councilmembers Bastian and Maida.
Nays – Mayor Greavu, Councilmembers
Anderson and Juker.
- 13 - 6/14
5. Uncollectible Paramedic Bills for 1981
a. City Attorney Pat Kelly presented alternatives for collecting the delinquent
paramedic bills.
b. Councilmember Maida moved that a registered letter be sent indicating further
legal action (such as the account will be turned over to a collection agency) will
be taken if the delinquent paramedic bill is not paid within a specified date.
Seconded by Councilmember Juker. Ayes - all.
6. 1610 Sterling (Bauer)
a. Deputy Chief Hagen presented the staff report.
b. Mr. David Bauer, 1610 Sterling, reiterated the problems he is experiencing and
again requested more street lighting and "no parking" signs.
C. Mrs. Charlotte Gauthier, 1659 Sterling, also stated the problems she and her
neighbors have experienced with vandalism, burglaries, racing cars, motorcycles,
late night parties, etc.
d. No action taken.
I. VISITOR PRESENTATIONS
None.
J. NEW BUSINESS
1. Civil Service — Police Chief Selection
a. Manager Evans stated that in order for the vacancy in the Police Chief position
to be filled, it is necessary for the Civil Service Commission to supply me with
names of three individuals qualified to hold the position.
As a result of my request for such names, they have taken certain actions:
1. They have determined to limit applications to those presently members of the
Maplewood Police Department with a minimum of ten (10) years experience as
a Sergeant or above.
2. They wish to give an Assessment Center type of examination to those who do apply.
The Assessment Center process would consist of a written examination, plus
an oral process involving several different types of exercises, including sim-
ulation and role playing. The oral portion would be given by a principal from
the consulting firm and two police chiefs from out of the metro area.
The Civil Service Commission would like to hire Forbes McCann Associates of Hunting-
ton Valley, Pa. for this process. McCann has been used by them for other written
exams in the past. The Civil Service Commission is requesting that Council authorize
the transfer of $4,000 from the contingency fund to cover the cost of the examination
process.
b. Councilmember Anderson moved to authorize a budget transfer of $4,000 from
the contingency fund to cover the cost of the o ice ie p'� osition examination
process.
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Seconded by Councilmember Maids.
2. Battle Creek Assessment — Afton Heights Park
Ayes — all.
a. Manager Evans stated he had received a letter from Ramsey County Parks and
Recreation Director Anthony J. Crea requesting payment of $4,523 as the Maplewood
share of the Battle Creek assessments for Afton Heights Park.
b. Councilmember Bastian moved to refer the bill to the City Attorney for discussion
with Ramsev Countv.
Seconded by Councilmember Anderson. Ayes — all.
3. Special Exception — 2239 Hazelwood Street
a. Manager Evans presented the staff report.
b. Commissioner Bill Howard presented the following Planning Commission recommend-
ation:
"Commissioner Kishel moved the Planning Commission recommend to the City Council
approval of a special exception to operate a commercial cleaning business as a
home occupation at 2239 Hazelwood Avenue, subject to:
1. Compliance with the criteria outlined in the Planning Commission Subcommittee
report.
2. Approval is granted for three years, after which time the applicant may apply
for a renewal if the business has been compatible with the neighborhood and
all conditions are being met.
3. No outdoor storage of business — related equipment shall be permitted and no
vehicle with a load capacity greater than one ton permitted.
4. There shall be a wall— mounted ten pound ABC fire extinguisher located in the
garage, easily accessible from the dwelling, when commercial products are stored
in the walk —in foyer closet.
Commissioner Fischer seconded. Ayes — Commissioners Axdahl, Barrett,
Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten, Whitcomb."
C. The applicants spoke on behalf of the request.
d. Councilmember Juker moved to approve the request of Charles and Betty Smith
for a special exception permit to operate a commercial cleaning business as a home
occupation at 2239 Hazelwood Street, subject to:
1. Compliance with the criteria outlined in the Planning Commission Subcommittee
report.
2. Approval is granted for one -year, after which time the applicant may apply
for a renewal if the business has been compatible with the neighborhood and
all conditions are being met.
3. No outdoor storage of business — related equipment shall be permitted and no
vehicle with a load capacity greater than one ton permitted.
— 15 — 6/14
4. There shall be a wall- mounted ten pound ABC fire extinguisher located in the
garage, easily accessible from the dwelling, when commercial products are stored
in the walk -in foyer closet.
Seconded by Councilmember Anderson. Ayes - all.
4. Special Exception - 1770 Onacrest Curve
a. Manager Evans presented the staff report.
b. Commissioner Bill Howard presented the following Planning Commission recommendation:
"Commissioner Kishel moved to recommend to the City Council approval of a special
exception permit to operate a folk art painting business, as a home occupation,
at 1770 Onacrest Curve, subject to:
1. Compliance with the criteria outlined in the Planning Commission Subcommittee
Report, except guideline number five.
2. Approval is granted for one -year, after which time the applicant may apply
for a renewal if the business has been compatible with the neighborhood and
all conditions are being met.
3. A smoke detector shall be located on the main and basement levels.of the dwelling.
4. A five -pound ABC fire extinguisher shall be wall mounted and readily available
to the kitchen area.
Commissioner Fischer seconded. Ayes all."
C. Councilmember Anderson moved to table this item until the meeting of July 12,
1982 as the applicant is not in attendance at the meeting.
Seconded by Councilmember Juker. Ayes - all.
5. Roof Sign - ICO Station
a.- Manager Evans presented the staff report.
b. Board Member Dean Hedlund presented the following Community Design Review Board
recommendation:
'Board Member Hedlund moved the Board recommend approval of the roof sign for Inter-
City Oil at 1760 VanDyke Street, based on the findings that:
1. A pole sign will not work due to the buildings proximity to the property line
and interference of overhead power lines.
2. The proposed sign would meet size requirements as outlined in the ordinance
and would meet the intent of the ordinance compared with any other permitted
method of signing.
Board Member Phillippi seconded.
Ayes all."
C. Councilmember Anderson moved to table this item until the meeting of July 12,
1982. - --
- 16 - 6/14
Seconded by Councilmember Juker. - Ayes - all.
Mayor Greavu moved to suspend the Rules of Procedures and discuss item J -6 after Item
J -8. -- --
Seconded by Councilmember Joker. Ayes - all.
7. Lot Division Appeal - 840 McKnight Road
a. Manager Evans presented the staff report.
b. Mrs. Julia Engebretson, daughter of the applicant Mrs. Albert Lepsche, stated
they wish to appeal to reduce the area to be included in a storm water ponding
easement as required as a condition of their lot division.
C. Councilmember Anderson moved to approve a new lot division of two lots along
McKnight Road and leave the back lot (where the pondinQ. area is) until a later
te. (The new lots wo
' by 198'
Seconded by Councilmember Juker.
Councilmember Bastian moved an amendment dedicating a drainage easement over the
west 100 feet of the remaining lot.
Motion died for lack of a second.
Voting on the original motion: Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Maida.
Nays - Councilmember Bastian.
8. H R A Meeting Date and Annual Report
a. Manager Evans stated the Housing and Redevelopment Authority requests the City
Council schedule a joint meeting. They also presented the 1981 -1982 Annual Report.
b. Council accepted the report and scheduled a joint meeting for June 23, 1982
at 7:30 P.M. at the City Hall Annex, 1902 E. County Road B.
Councilmember Juker moved to extend the meeting past the deadline.
Seconded by Mayor Greavu. Ayes - all.
6. RE Rezoning South of Lower Afton Road
a. Manager Evans presented the staff report.
b. Councilmember Maida moved to request staff to prepare an over
Drotection ordinance and present same to Council by the first meeti
Seconded by Mayor Creavu.
9. Tax Forfeited Lands
Ayes - all.
in
1
a. Councilmember Anderson introduced the following resolution and moved its adoption:
- 17 - 6/14
82 -6 -65
WHEREAS, the Board of County Commissioners of Ramsey County by Resolution
dated September 26, 1978, classified as non - conservation land, certain land lying
within the limits of the City of Maplewood; and
WHEREAS, a copy of the classification resolution together with a list of the
land classified has been submitted for approval of the classification in accordance
with Minnesota Statutes Annotated, Section 282.01, sub. 1; and
WHEREAS,. the City of Maplewood has determined that said land is required for
drainage purposes;
NOW, THEREFORE, BE IT RESOLVED, that said classification of the land shown
on said list as non - conservation land is hereby approved; and
BE IT FURTHER RESOLVED, that the proper City officials be and hereby are author-
ized to make an application for conveyance of said tax forfeited land for drainage
purposes; and
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to
file a certified copy of this resolution and application for conveyance of said
tax forfeited land in the Office of the Land Commissioner.
Lands affected:
1. Unplatted Lands - Township 29, Range 22
Subject to Stillwater cutoff and (except the west 642 feet), part of the North
Three - Fourths (N 3/4) of the Northwest One- Quarter (NW 4) of the Southwest
One- Quarter (SW 4) southerly of the center line of said cutoff and westerly
of a line running northwesterly at an angle of 63 degrees 37 minutes with south
line of said North Three - Fourths (N 3/4) from point thereon 1038 feet east
from the west line of said Northwest One— Quarter (NW 4) of the Southwest One -
Quarter (SW 4), all in Section 25, -
57 02510 050.57
2. Sabin Addition to Gladstone
Vac alley adjoining and (except the East 15 feet) part northerly of County
Road B of Lot 27 and (except the east 15 feet) Lot 5, Block 14
57 67900 050 14
3. Sabin Addition to Gladstone
Vacated alley adjoining and part West of the extended West line of Lots 5 and
27 and northerly of County Road B of Block 14
57 67900 060 14
Seconded by Councilmember Bastian. Ayes - all.
K. COUNCIL PRESENTATIONS
1. Down Zoning
2. Maplewood Plaza
3. 10 K Race
a. Councilmember Bastian moved to table Items K - 1,2 and 3 at this time.
Seconded by Mayor Greavu. Ayes - all.
- 18 - 6/141
4. Dental Specialties
y a. Mr. Dick Notdlund, representing Maplewood Dental Specialties, stated that there
— was a revision to the Mortgage Revenue Note that was approved by Council for Maplewood
Dental Specialties. It had been approved with a fixed interest when it should
have floating interest.
b. Councilmember Bastian introduced a resolution revising the Mortgage Revenue
Note for the Maplewood Dental Specialties.
Seconded by Mayor Greavu. Ayes — ail.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
10:55 P.M.
City Clerk