HomeMy WebLinkAbout06.28.82MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, June 28, 1982
Council Chambers, Municipal Building.
Meeting No. 82 -15
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, and was called to order at 7 :03 P.M. by Mayor Greavu.
B. ROLL CALL
C.
D.
E.
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
MaryLee Maida, Councilmember Present
APPROVAL OF MINUTES
1. Minutes No. 82 -12 (May 20, 1982)
Councilmember Anderson moved that the Minutes of Meeting No. 82 -12 (May 20, 1982)
be approved as submitted. _
Seconded by Councilmember Bastian. Ayes — Councilmembers Anderson, Bastian,
Juker and Maida.
Mayor Greavu abstained.
2. Minutes No. 82 -13 (June 14, 1982)
Councilmember Anderson moved that the — Minutes of Meeting No. 82 -13— (June —14, -1982)
be approved as submitted.
Seconded by Councilmember Bastian. Ayes — all.
3. Minutes No. 82 -14 (June 17, 1982)
Councilmember Bastian moved that the Minutes of Meeting No. 82-14 (June 17, 1982
be approved as submitted.
Seconded by Councilmember Maida.
APPROVAL OF AGENDA
Mayor Greavu moved to approve the
1. City Sign Vandalism
2. A.M.M.
3. Down Zoning
Seconded by Councilmember Bastian.
CONSENT AGENDA
Ayes — all.
da as amended:
— 1 —
Ayes — all.
6/28
Councilmember Maida moved, seconded by Mayor Greavu, Ayes all, to approve the Consent
Agenda Item 1 through 4 as recommended: —^
1. Accounts Payable
Approved the accounts (Part I — Fees, Services, Expenses — Check No. 000537 through
Check No. 000595 — $238,506.37; Check No. 013405 through Check No. 013567 — $266,103.35:
Part II — Payroll Check No. 04158 through Check No. 04283 — $55,299.57) in the amount
of $559,909.29.
2. Used Car License (McDaniels)
Approved a Used Car Lot License for Maplewood Toyota at 2873 No. Maplewood Drive.
3. Easement Acquisition T.H. 61
Approved the payment of $13,600.00 for perpetual and temporary construction easements
for Project 80 -10 to Patrick W. and Donna M. Goff owners of Outlot A,Goff's Maplewood
Addition:
Permanent 29,340 SF @ $.40 /SF — $11,736.00
Temporary 19,560 SF @ $.095 /SF 1,864.00
$13,600.00
4. 1982 Assessment Hearings
1. Improvement 81 -6 Shade Tree Disease Control Program
a. Resolution No. 82 -6 -66
WHEREAS, the City Clerk and City Engineer have presented the final figures for
Project 81 -6 Shade Tree Disease Control Program;
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.
b. Resolution No. 82 -6 -67
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared
an assessment roll for Project No. 81 -6 Shade Tree Disease Control Program 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 22nd day of July, 1982, 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
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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 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.
2. Tmprovement.79 -4 English Street Improvements South of County Road C
a. Resolution No. 82 -6 -68
WHEREAS, the City Clerk and City Engineer have presented the final figures for
the improvement 79 -4 English Street Improvements South of County Road C;
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.
b. Resolution No. 82 -6 -69
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared
an assessment roll for the construction of Project No. 79 -4 English Street Improvements
south of County Road C 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 22nd day of July, 1982, 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 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.
3. Improvement 78 -20 Brookveiw Drive Storm Sewer
a. Resolution No. 82 -6 -70
WHEREAS, the City Clerk and City Engineer have presented the final figures for
the improvement 78 -20 Brookview Drive Storm Sewer;
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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 completion of such proposed assessment notify
the Council thereof.
b. Resolution No. 82 -6 -71
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared
an assessment roll for the construction of Project No. 78 -20 Brookview Drive Storm
Sewer 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 22nd day of July, 1982, 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 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.
4. Improvement 78 -24 Beam Avenue West of T.H. 61
a. Resolution No. 82 -6 -72
WHEREAS,. the City Clerk and City Engineer have presented the final figures for
the improvement 78-24 Beam Avenue west of T.H. 61;
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.
b. Resolution No. 82 -6 -73
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared
an assessment roll for the construction of Project No. 78 -24 Beam Avenue west of
T.H. 61 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:
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1. A hearing shall be held on the 22nd day of July, 1982, 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 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.
5. Improvement 78 -9 East Shore Drive Water Improvement
a. Resolution No. 82 -6 -74
WHEREAS, the City Clerk and City engineer have presented the final figures for
the improvement 78 -9 East Shore Drive Water Improvements;
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 spec -
ially 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. 82 -6 -75 -
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared
an assessment roll for the construction of Project No.. 78 -9 Water Improvements, East
Shore Drive 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 22nd day of July, 1982, 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 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.
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6. Improvement 8 -14 Keller Parkway Sanitary Sewer
a. Resolution No. 82 -6 -76
.WHEREAS, the City Clerk and City Engineer have presented the final figures for
the improvement 80 -14 Keller Parkway Sanitary Sewer;
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.
b. Resolution No. 82 -6 -77
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared
an assessment roll for the construction of Project No. 80 -14 Keller Parkway Sanitary
Sewer 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 22nd day of July, 1982, at the City Hall at
8:15 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 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.
7. Improvement 79 -15 Southlawn Radatz Improvements
a. Resolution No. 82 -6 -78
WHEREAS, the City Clerk and City Engineer have presented the final figures for
the improvement 79 -15 Southlawn -- Radatz Improvements;
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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b. Resolution No. 82 -6 -79
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared
an assessment roll for the construction of Project No. 79 -15 Southlawn -- Radatz Improve-
ments 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 22nd day of July, 1982, at the City Hall at
8:30 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 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.
F. PUBLIC HEARINGS
1. Adolphus Street Assessments 7 :00 P.M. Continuation
a. Director of Public Works Ken Haider stated this hearing . had been continued
from June 17, 1982 to obtain more information pertaining to the 1/2 to 1 unit
ratio being charged 1/2 unit for each apartment dwelling compared to 1 unit per
single family dwelling. 'Following further investigation it is recommended the
initial calculation of .50 to 1 be maintained.
b. Mayor Greavu called for proponents
C. Mayor Greavu called for opponents.
Jerome Bevy, 1839 Onacrest
Loretta Looney, 1985 Jackson
Warren Bauer, 453 Laurie Road
Elizabeth Olson, 2129 McMenemy Road.
None were heard.
The following were heard:
d. Mayor Greavu closed the public hearing.
e. Councilmember Maida introduced the following resolution and moved its adoption:
86 — 6 — 80
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 propsoed assessment
for the reconstruction of trunk sanitary sewer as described in the files of the
City Clerk as Project No. 81 -4, 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
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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 for trunk sanitary sewer reconstruction shall be payable
in equal annual installments extending over period of 19 years, the
first of the installments to be payable on or after the first Monday
in January, 1983, and shall bear interest at the rate of Thirteen (13)
percent per annum from September 10, 1982. To the first installment
shall be added interest on the entire assessment from September 10,
1982 until December 31, 1982. 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 assessments, on
notice and hearing as provided for the assessments herein made, upon
any properties abutting on the improvement but not made, upon any properties
abutting on the improvement but not herein assessed for the improvement,
when changed conditions 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, to reimburse the City by adding
any portion of the cost so paid to the assessments levied for any of
such later extension or improvements.
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.
2. Cricket Inn — Industrial Revenue Note 7 :00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the application
of Tanners Lake Partners for an industrial revenue note in the amount of $3,300,000.00
for the acquisition of land located at the northeast quadrant of the intersection
of Interstate 94 and Century Avenue in the City of Maplewood and the construction
and equipping a 115 room Cricket Inn Motel. The Clerk stated the hearing notice
was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. A representative from Dougherty and Dawkins, financial advisors, spoke on behalf
of the proposal.
d. Representatives of Tanners Lake Partners also spoke on behalf of the proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None . were heard.
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g. Mayor Greavu closed the public hearing.
h. Councilmember Maida introduced the following resolution and moved its adoption:
82 -6 -81
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE
COMMISSIONER OF ENERGY, PLANNING AND
DEVELOPMENT OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH SAID PROJECT
WHEREAS,
(a) The purpose of Chapter 474, Minnesota
Statutes, known as the Minnesota Municipal Industrial
Development Act (the "Act ") as found and determined by the
legislature is to promote the welfare of the state by the
active attraction and encouragement and development of economi-
cally sound industry and commerce to prevent so far as possible
the emergence of blighted and marginal lands and areas of
chronic unemployment;
(b) Factors necessitating the active promotion
and development of economically sound industry and commerce are
the increasing concentration of population in the metropolitan
areas and the rapidly rising increase in the amount and cost of
governmental services required to meet the needs of the
increased population and the need for development of land use
which will provide an adequate tax base to finance these
increased costs and access to employment opportunities for such
population;
(c) The City Council of the City of Maplewood
(the "City ") has received from Tanners Lake Partners, a
Minnesota general partnership whose partners are Northco, Ltd.
and Turnpike Properties, Midwest Inc. (the "Company ") a
proposal that the City assist in financing a Project
hereinafter described, through the issuance of a Revenue Bond
or Bonds or a Revenue Note or Notes hereinafter referred to in
this resolution as "Revenue Bonds" pursuant to the Act;
(d) The City desires to facilitate the selec-
tive development of the 'community, retain and improve the tax
base and help to provide the range of services and employment
opportunities required by the population; and the Project will
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assist the City in achieving those objectives. The Project
will help to increase assessed valuation of the City and
surrounding area and help maintain a positive relationship
between assessed valuation and debt and enhance the image and
reputation of the cocmaunity;
(e) The Company is currently engaged in the
business of real estate development and management and motel
management. The Project to be financed by the Revenue Bonds is
a 115 room Cricket Inn motel facility to be located in the City
and consists of the acquisition of land and the construction of
buildings and improvements thereon and the installation of
equipment therein, and will result in the employment of 30
additional persons to work within the new facilities;
(f) The City has been advised by representa-
tives of Company that conventional, commercial financing to pay
the capital cost of the Project is available only on a limited
basis and at such high costs of borrowing that the economic
feasibility of operating the Project would be significantly
reduced, but Company has also advised this Council that with
the aid of municipal financing, and its resulting low borrowing
cost, the Project is economically more feasible;
(g) Pursuant to a resolution of the City
Council adopted on , 1982, a public hearing on the
Project was held on , 1982, after notice was
published, and materials made available for public inspection
at the Maplewood City Hall, all as required by Minnesota
Statutes, Section 474.01, Subdivision 7b at which public
hearing all those appearing who so desired to speak were heard;
(h) No public official of the City has either a
direct or indirect financial interest in the Project nor will
any public official either directly or indirectly benefit
financially from the Project;
(i) Minnesota Statutes, Section 474.01 has been
amended, effective August 1-, 1982, so as to provide that
municipalities within the metropolitan area as defined in
Minnesota Statutes, Section 473.122 may finance motels and
hotels.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Maplewood, Minnesota, as follows:
1. The Council hereby gives preliminary approval to the
proposal of Company that the City undertake the Project
pursuant to the Minnesota Municipal Industrial Development Act
(Chapter 474, Minnesota Statutes), consisting of the acqui-
sition, construction and equipping of facilities within the
City pursuant to Company's specifications suitable for the
operations described above and to a revenue agreement between
the City and Company upon such terms and conditions with
provisions for revision from time to time as necessary, so as
to produce income and revenues sufficient to pay, when due, the
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principal of and interest on the Revenue Bonds in the total
principal amount of approximately $3,300,000 to be issued
pursuant to the Act to finance the acquisition, construction
and equipping of the Project; and said agreement may also
provide for the entire interest of Company therein to be
mortgaged to the purchaser of the Revenue Bonds; and the City
hereby undertakes preliminarily to issue its Revenue Bonds in
accordance with such terms and conditions;
2. On the basis of information available to this Council
it appears, and the Council hereby finds, that the Project
constitutes properties, real and personal, used or useful in
connection with one or more revenue producing enterprises
engaged in any business within the meaning of Subdivision.lb of
Section 474.02 of the Act as amended; that the Project furthers
the purposes stated in Section 474.01, Minnesota Statutes; that
the availability of the financing under the Act and willingness
of the City to furnish such financing will be a substantial
inducement to Company to undertake the Project, and that the
effect of the Project, if undertaken, will be to encourage the
development of economically sound industry and commerce, to
assist in the prevention of the emergence of blighted and
marginal land, to help prevent chronic unemployment, to help
the City retain and improve the tax base and to provide the
range of service and employment opportunities required by the
population, to help prevent the movement of talented and
educated persons out of the state and to areas within the State
where their services may not be as effectively used, to promote
more intensive development and use of land within and adjacent
to the City and eventually to increase the tax base of the
community;
3. The Project is hereby given preliminary approval by
the City subject to the approval of the Project by the
Commissioner of Energy, Planning and Development (the
"Commissioner "), and subject to final approval by this Council,
Company, and the purchaser of the Revenue Bonds as to the ulti-
mate details of the financing of the Project;
4. In accordance with Subdivision 7a of Section 474.01
Minnesota Statutes, the Mayor of the City is hereby authorized
and directed after August 1, 1982 to submit the proposal for
the Project to the Conunissioner requesting his approval, and
other officers, employees and agents of the City are hereby
authorized to provide the Commissioner with such preliminary
information as he may require;
5. Company has agreed and it is hereby determined that
any and all costs incurred by the City in connection with the
financing of the Project whether or not the Project is carried
to completion and whether or not approved by the Commissioner;
6. Briggs and Morgan, Professional Association, acting as
bond counsel, and Dougherty, Dawkins, Strand & Yost, Inc.,
investment bankers, are authorized to assist in the preparation
and review of necessary documents relating to the Project, to
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consult with the City Attorney, Company and the purchaser of
the Revenue Bonds as to the maturities, interest rates and
other terms and provisions of the Revenue Bonds and as to the
covenants and other provisions of the necessary documents and
to submit such documents to the Council for final approval;
7. Nothing in this resolution or in the documents pre-
pared pursuant hereto shall authorize the expenditure of any
municipal funds on the Project other than the revenues derived
from the Project or otherwise granted to the City for this
purpose. The Revenue Bonds shall not constitute a charge, lien
or encumbrance, legal or equitable, upon any property or funds
of the City except the revenue and proceeds pledged to the
payment thereof, nor shall the City be subject to any liability
thereon. The holder of the Revenue Bonds shall never have the
right to compel any exercise of the taxing power of the City to
pay the outstanding principal on the Revenue Bonds or the
interest thereon, or to enforce payment thereof against any
property of the City. The Revenue Bonds shall recite in
substance that the Revenue Bonds, including interest thereon,
is payable solely from the revenue and proceeds pledged to the
payment thereof. The.Revenue Bonds shall not constitute a debt
of the City within the meaning of any constitutional or
statutory limitation;
8. The City authorizes the issuance of serial or term
commercial development revenue bonds only if such bonds are
purchased by a financial institution(s) within the meaning of
Minnesota Statutes, Section 80A.15 and subject to such other
conditions as the City may impose prior to the issuance of such
bonds;
9. In anticipation of the approval by the Commissioner,
the issuance of the Revenue Bonds to finance all or a portion
of the Project, and in order that completion of the Project
will not be unduly delayed when approved, Company is hereby
authorized to make such expenditures and advances toward
payment of that portion of the costs of the Project to be
financed from the proceeds of the Revenue Bonds as Company con-
siders necessary, including the use of interim, short -term
financing, subject to reimbursement from the proceeds of the
Revenue Bonds if and when delivered but otherwise without
liability on the part of the City;
10. If construction of the Project is not started within
one year from the date hereof, this resolution shall thereafter
have no force and effect and the preliminary approval herein
granted is withdrawn.
Adopted by the City Council of the City of Maplewood,
Minnesota, this day of , 1982.
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/s/ John C. Greavu
Mayor
Attest:
/s/ Lucille E. Aurelius
City Clerk
Seconded by Mayor Greavu. Ayes — all.
3. Bodell, Inc. — .Hearing.— Liquor License Violation — 7:15 P.M.
a. Mayor Greavu convened the hearing for a public hearing regarding the revocation
of the Off Sale Liquor License for Bodell, Inc., 1690 White Bear Avenue for violation
of the liquor license ordinances. The Clerk stated the notice of hearing was found
to be in order and noted the dates of publication.
b. Manager Evans presented the staff report and presented a letter from Bodell's
stating they were surrendering their license and going out of business.
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 revoke the Off Sale Liquor License of Bodell,
Inc. - --
Seconded by Councilmember Juker.
Councilmember Anderson withdrew his motion.
g. Councilmember Bastian moved to forfeit the bond of Bodell's, Inc. based on the —
findings of a long history of violations of City Ordinances and State Statutes.^
Seconded by Councilmember Anderson. Ayes - all.
h. Councilmember Anderson moved to revoke the Off Sale intoxicating liquor license
held by Bodell, Inc., 1690 White Bear Avenue, based on repeated violations of state
statute and City ordinance.
Seconded by Councilmember Juker. Ayes — all.
G. AWARD OF BIDS
1. Insurance
a. Manager Evans presented the staff report and stated he concurred with the recom-
mendation of the Agents Insurance Committee that the present insurance policies
be renewed for one year with the League of Minnesota Cities Insurance Trust. A
representative of the committee will be at the Council meeting to answer questions.
b. Mayor Greavu moved to renew for one year the present insurance policies for
— 13 — 6/28
workers compensation, auto and liability coverages- with the League of Minnesota -
Cities Insurance trust for the following - amounts:
Property $11,046
Liability 21,002
Auto 19,359
Bond 640
Sub Total 52,047
Worker's Comp. 77,305
$129,352
Seconded by Councilmember Maida. Ayes - all.
H. UNFINISHED BUSINESS
1. Rescinding of Diseased Shade Tree Ordinance
a. Manager Evans stated Ordinance No. 358 of the City of Maplewood requires certain
actions on the part of staff, as well as residents of the City.
Lack of funding for the 1982 program prevents proper conduct of the program, therefore,
placing staff in the position of not complying with the ordinance.
It is recommended that the ordinance be rescinded.
b. No action taken.
2. Plan Update
a. Manager Evans stated that the Council had voted to reconsider the action to
approve the Comprehensive Plan Update.
b. Following discussion, Councilmember Anderson moved that the west side of White
Bear Avenue from Larpenteur Avenue to Frost Avenue remain residential. `^
Seconded by Councilmember Joker. Ayes - all.
c. Councilmember Bastian moved to approve the Comprehensive Plan Update as amended.
Seconded by Councilmember Maida. Ayes - all.
F. PUBLIC HEARINGS (continued)
4. a. Special Use Permit - Frattalone Excavating, Inc.
b. Variance - Frattalone Excavating, Inc. 7:45 P.M.
1. Mayor Greavu convened the meeting for a public hearing regarding the request
of F.M. Frattalone Excavating, Inc. for a special use permit and three variances
to excavate dirt from the site at Highway 61 and Beam Avenue. The Clerk stated
the hearing notices were found to be in order and noted the dates of publication.
2. Manager Evans presented the staff report with the following recommendations:
I. Approval of a special use permit for mineral extraction, subject to the
following conditions:
- 14 - 6/28
A. Adherence to the requirements and standards set forth in Section 9.17
(Mineral Extraction) of the City Code. -
B. County Road D or Highway 61 be used exclusively for access to the subject
site.
C. In accordance with Section 917.060 (4), annual mineral extraction permits
must be obtained from the City Engineer. A plan for each year's operation
shall be approved by the City Engineer. Annual permits shall designate
the area, total acreage to be excavated, quantity of material to be
removed, and specific erosion control measures.
D. All excavation shall be in accordance with each year's approved plan.
No deviations shall be allowed without prior approval from the City
Engineer..
E. There shall be no explosive detonations of any kind on the site.
F. A suitable structure or method of operation must be employed to remove
excess dirt from truck bodies and tires prior to exiting onto a public
right —of —way.
G. A variance be granted allowing operation beyond the 30 —foot zone established
in Section 917.070 (2 D) of City Code. If the variance is not granted,
grading operations must comply with the above Code by ceasing 30 feet
from property liners.
H. The permit holder is responsible for acquiring any permits from other
agencies.
I. All grading shall be in accordance with the approved grading plan prepared
by Harry S. Johnson Companies, Inc., received April 28, 1982.
II. Approval of the three variances on the basis that:
A. The site is not adjacent to developed property with established grades.
B. The owners intend to construct energy efficient earth — sheltered structures.
The steeper slopes (2:1) are necessary for this type of development.
C. Erosion control techniques will be required to stablize soils during
and after mining operations.
3. The following Planning Commission recommendation was given:
"Commissioner Kishel moved the Planning Commission recommend to the City Council
the approval of a special use permit for mineral extraction, subject to the
following conditions:
1. Adherence to the requirements and standards set forth in Section 917 (Mineral
Extraction) of the City Code.
2. County Road D or Highway 61 be used exclusively for access to the subject
site.
3. In accordance with Section 917.060 (4), annual mineral extraction permits
must be obtained from the Director of Public Works. A plan for each year's
— 15 — 6/28
operation shall be approved by the City Engineer. Annual permits shall
designate the area, total acreage to be excavated, quantity of material
tobe - removed, and specific erosion control measures.
4. All excavation shall be in accordance with each years approved plan. No
deviations shall be allowed without prior approval from the Director of
Public Works.
5. There shall be no explosive detonations of any kind on the site.
6. A suitable structure or method of operation must be employed to remove excess
dirt from truck bodies and tires prior to exiting onto a public right—of-
way.
7. A variance be granted allowing operation beyond the 30 —foot zone established
in Section 917.070 (2 D) of City Code. If the variance is not granted,
grading operations must comply with the above Code by ceasing 30 feet from
property lines. -
8. The permit holder is responsible for acquiring any permits from other agencies.
9. All grading shall be in accordance with the approved grading plan prepared
by Harry S. Johnson Companies, Inc. received April 28, 1982.
Commissioner Sletten seconded. Ayes — Commissioners Fischer, Howard, Kishel,
Prew, Sletten, Whitcomb, Ellefson.
Abstained — Commissioner Barrett
Commissioner ICishel moved the Planning Commission recommend approval of the
three variances on the basis that:
1. The site is not adjacent to developed property with established grades.
2. The owners intend to construct energy efficient earth — sheltered structures.
The steeper slopes (2:1) are necessary for this type of development.
3. Erosion control techniques will be required to stabilize soils during and
after mining operations.
Commissioner Sletten seconded. Ayes — Commissioners Fischer, Howard, Kishel,
Prew, Sletten, Whitcomb, Ellefson
Abstained — Commissioner Barrett"
4. Mayor Greavu called for proponents. None were heard.
5. Mayor Greavu called for opponents. None were heard.
6. Mayor Greavu closed the public hearing.
7. Councilmember Anderson moved to approve the special use permit as requested
by Frattalone Excavating, Inc. for mineral excavation subject to the conditions
given by staff and the Planning Commission.
Seconded by Councilmember Maids. Ayes — all.
8. Councilmember Bastian moved to approve the three variances as requested
by Frattalone Excavating, Inc. —For miner —al— excavation subject to tFe conait'ions-
- 16 — 6/28
iven by staff and the Plannine Commission.
Seconded by Councilmember Anderson. Ayes — all.
5. PUD /Plat— Adrienne's Addition
a. Mayor Greavu convened the meeting for a public hearing regarding the request of
Castle Design and Development to revise the Linwood Heights Planned Unit Develop-
ment to include the proposed Adrienne's Addition preliminary plat for (10) ten
townhouse units. 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. Commissioner Duane Prew presented the following Planning Commission recommendation:
"Commissioner Fischer moved the Planning Commission recommend the City Council revise
the Linwood Heights Planned Unit Development to include Adrienne's Addition, subject
to the Community Design Review Board making a finding that the proposed townhouses
will be of a scale, design, and location that is compatible with single dwellings
located on adjacent property.
Commissioner Sletten seconded. Ayes — Commissioners Barrett, Fischer, Howard,
Kishel, Prew, Sletten, Whitcomb, Ellefson.
Commissioner Fischer moved the Planning Commission recommend the City Council approve
the Adrienne's Addition Preliminary Plat, subject to:
1. Revision of the Linwood Heights PUD to include Adrienne's Addition.
2. Revision of the Linwood Heights homeowner's association bylaws and rules, as
appropriate, to include Adrienne's Addition. These changes shall be approved
by City staff to insure that all common areas will be maintained and that access
can be gained to all public improvements.
3. Footings shall be pinned by registered surveyor before the foundation is laid
to assure that party walls will be constructed exactly on common lines, or foun-
dations must be constructed and surveyed before submitting a final plat.
4. City engineer's approval of an erosion control plan before building permits
are issued for Adrienne's Addition.
5. The developer's agreement for the Linwood Heights Development shall apply to
Adrienne's Addition, with specific regard to soil stabilization following the
completion of Dorland Road.
Commissioner Sletten seconded. Ayes — Commissioners Barrett, Fischer, Howard,
Kishel, Prew, Sletten, Whitcomb, Ellefson"
d. Mr. Ken Gervais, Castle Design and Development Company, Inc., spoke on behalf
of the proposal.
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.
— 17 — 6/28
h. Mayor Greavu moved to appr
Development to include Adrienn
to the following conditions:
the revision of the Linwood Heights Planned Unit
Addition of the ten (10) townhouse units subject
I. Revise the Linwood Heights Planned Unit Development to include Adrienne's Addition,
subject to:
The Community Design Review Board making a finding that the proposed townhouses
will be of a scale, design, and location that is compatible with single dwellings
located on adjacent property.
II. Approve the Adrienne's Addition Preliminary Plat, subject to:
A. Revision of the Linwood Heights PUD to include Adrienne's Addition.
B. Revision of the Linwood Heights home owner's association bylaws and rules,
as appropriate, to include Adrienne's Addition. These changes shall be
approved by City staff to insure that all common areas will be maintained
and that access can be gained to all public improvements.
C. Footings shall be pinned by registered surveyor before the foundation is
laid to assure that party walls will be constructed exactly on common lines,
or foundations must be constructed and surveyed before submitting a -final
plat.
D. City Engineer's approval of an erosion control plan before building permits
are issued for Adrienne's Addition.
E. The developer's agreement for the Linwood Heights Development shall apply
to Adrienne's Addition, with specific regard to soil stabilization following
the completion of Dorland Road.
Seconded by Councilmember Bastian. Ayes - all.
6. Mobile Homes - R -1 Zone 8:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposal
to amend the zoning code to establish a minimum building width and permanent foun-
dations for structures constructed in an R -1 zoning district. The Clerk stated the
hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Commissioner Duane Prow presented the following Planning Commission recommendation:
"Commissioner Barrett moved the Planning Commission recommend to the City Council
approval of the proposed ordinance included in the staff report dated June 2, 1982,
which restricts building width and has a foundation requirement.
Commissioner Kishel seconded. Ayes - Commissioners Ellefson, Fischer,
Howard, Barrett, Kishel, Prow, Sletten, Whitcomb."
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.
- 18 - 6/28
g. Councilmember Juker moved first reading - of an ordinance amending the zoning -
code to establish building width and foundation requirements in an R -1 Zoning District.
Seconded by Councilmember Bastian.. Ayes - all.
I. VISITOR PRESENTATIONS
None.
J. NEW BUSINES
1. Code Amendment -- Metal Buildings - 1st Reading
a. .Manager Evans stated the City Council on May 20, 1982 directed staff to prepare
an ordinance amendment prohibiting the erection of any new metal pole buildings
in Maplewood and to restrict the construction of buildings with metal exteriors
to M -1, Light Manufacturing, M -2, Heavy Manufacturing and B.C. Business Commercial
districts.
b. Board Member Tom Deans, Community Design Review Board, presented his views
on the proposal.
C. Councilmember Anderson moved first reading of an ordinance regulating the construct-
ion of metal pole buildings.
Seconded by Councilmember Juker. Ayes - all.
2. Soo Line Abandonment
a. Manager Evans stated -a committee of staff people, representing Maplewood, St.
Paul, Oakdale, North St. Paul, Ramsey County, Washington County, DNR, MnDOT, and
Metropolitan Council, have been meeting over the last few months to discuss the
feasibility of acquiring all or part of the Soo Line Railroad right -of -way for a
bike trail.
A task force is needed to negotiate with the railroad and develop a financing plan
to pay for the right -of -way. The first meeting of the task force will be on June
30 from 4:30 to 6:00 p.m. A representative from Maplewood should be appointed.
b. Councilmember Maida moved to appoint City Manager Barry Evans to the task force
to negotiate with the Soo Line railroad to develop a financing plan to pay for the
right -of -way.
Seconded by Mayor Greavu
Ayes - all.
3. Code Amendment - Board of Adjustments - First Reading
a. Manager Evans stated the Council, on May 20, directed staff to prepare an ord-
inance amendment replacing the Board of Appeals and Adjustments with the City Council.
b. Councilmember Bastian moved to approve first reading of an ordinance replacinRthe-
Board of Appeals and Adjustments with the City Council.
Seconded by Councilmember Anderson. Ayes - all.
4. H.R.A. Housing Program
- 19 - 6/28
a. Manager Evans presented the staff report.
b. Mr. Stan Keel, Holmes and Graven, spoke and answered questions from the Council.
C. Councilmember Bastian moved concept approval of the HR_A_Housing program as pre-
sented to assist moderate income older adults and first time home buyers secure
housing that meets their needs and to authorize —a market feasibility study for the __
—
proposal subject to the following— recommendations:_
I. Concept approval of housing program which includes the following elements:
A. Construction of from 100 -125 new housing (condominium or cooperative) for
moderate income older adults through tax increment financing.
B. Study the possibility of relying on theMHFA's tax exempt housing revenue
bonding authority to assist first —time home buyers purchase homes in Maplewood
which are presently occupied by moderate income older adults. If not feas-
ible to rely on MHFA monies, pursue the feasibility of Maplewood sponsoring
the issue.
II. Authorize a $4000 expenditure from the City's contingency fund to Gary Solomonson
Associates for the preparation of a market feasibility study for the HRA's seniors/
first —time home buyers housing proposal, subject to:
A. Confirmation that Gary Solomonson Associates' work is recognized by Standard
and Poors.
B. An agreement being secured with each developer that, if selected, they will
pay the costs of both phases of the feasibility study.
C. Written confirmation from Gary Solomonson Associates that both phases of
the market feasibility study can be completed by August 2, 1982.
III. City Manager or Finance Officer shall contact the School District for joint
contributions.
Seconded by Councilmember Anderson. Ayes — all.
K. COUNCIL PRESENTATIONS
1. City Sign Vandalism
a. Councilmember Bastian questioned what had happened to the City's Maple Leaf
on the front of City Hall.
b. Staff stated the sign is being repainted and is not finished yet.
2. .Association of Metropolitan Municipalities
a. Councilmember Bastian questioned if the City had paid the annual dues for this
organization..
b. Staff will investigate..
3. Down Zoning
— 20 — 6/28
a. Councilmember Bastian stated at the corner of Larpenteur and Jackson the property
is zoned high density in the middle of residential zoning. He questioned if there
are other areas such as this one in the City, if so can these properties be down
zoned. He also is concerned about the use of school property which are being closed
at this time, particularily Harmony School.
b. Councilmember Bastian moved that the Planning Commission begin to investigate
the down zone questions and report back to the Council regarding this and also new
zones that the Planning Commission would find desirable.
Seconded by Councilmember Anderson. Ayes — all.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
9:40 P.M.
City Clerk
— 21 — 6/28
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Maplewood, Minnesota, was duly called and held in the Council Chambers
in said City on the 28th day of June, 1982, at 7:00 P.M.
The following members were present: Mayor Greavu
Councilmembers Anderson, Bastian, Juker, Maida
The following members were absent: None
Councilmember Bastian introduced the following resolution and moved its adoption:
RESOLUTION APPROVING THE COMPREHENSIVE PLAN UPDATE
82 -6 -81A
WHEREAS, the Metropolitan Lan Planning Act, Minnesota Statutes, Section
473.851- 473.872, requires that the City of Maplewood prepare and submit
a comprehensive plan to the Metropolitan Council; and
WHEREAS, the Planning Commission approved the Plan Update on April 6,
1981; and
WHEREAS, the Planning Commission approved amendments on July 20, September
21, and October 5, 1981; and
WHEREAS, the Planning Commission approved further amendments on March 15,
April 5 and April 19, 1982; and
WHEREAS, the Metropolitan Council reviewed the Plan on February 11, 1982; and
WHEREAS, all requirements of the Metropolitan Land Planning Act have been met;
NOW, THEREFORE, does the City Council approve the Comprehensive Plan Update
as amended, including the 1979 Barton Aschman Study and the 1980 Sewer Plan.
Seconded by Councilmember Maida Ayes all
Adopted this 28th day of June, 1982.
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) SS.
CITY OF MAPLEWOOD )
I, the undersigned, beinq the duly qualified and appointed Clerk of the City
of Maplewood, Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of the City of
Maplewood, held on the 28th day of June, 1982, with the original on file in my
office, and the same is a full, true and complete transcript therefrom insofar
as the same relates to the Comprehensive Plan Update.
Witness my hand as such Clerk and the corporate seal of the City this 29th
day of December, 1982.
City Clerk
City of Maplewood, Minnesota