HomeMy WebLinkAbout12.13.82MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, December 13, 1982
Council Chambers, Municipal Building
Meeting No. 82 -32
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building and was called to order at 7:00 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes No. 82 -29 (October 25, 1982)
Councilmember Anderson moved to approve the Minutes of M_eeti
25, 1982) as submitted.
Seconded by Councilmember Juker. Ayes — all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. White Bear Avenue
2. Letter to Diesner
3. Frost Avenue
4. Cable TV
5. Liquor License Establishment
6. December 27, 1982 Meeting
Seconded by Councilmember Bastian. Ayes — all.
No. 82 -29 (October
E. CONSENT AGENDA
Council removed Items E -4,5, 6, 7 and .8 from the Council Agenda to become Items I
7, 8, 9, 10 and 11.
Councilmember Bastian moved, seconded by Mayor Greavu, Ayes — all, to approve the
Consent — Agenda, Items E -1 through 3 and Item E -99 as recommended: �^
1. Accounts Payable
Approved the accounts (Part I — Fees, Services, Expenses — Check No. 001170 through
Check No. 001238 — $156,270.19; Check No. 014914 through Check No. 015092 $72,162.21:
Part II Payroll — Check No. 05771 through Check No. 06012 — $110,601.18) in the amount
of $339,033.58.
1 — 12/13
2. Budget Appropriations
Transferred $5,866.52 from the unappropriated fund balance to account 101- 301 -4480
to cover the balance of the cost of the codification of the Maplewood Code.
Increased the 1982 Elections fund budget by $1,110.00.
3. Approval of Liquor License for Hideaway
Resolution No. 82 -12 -172
RESOLVED, by the City Council of the City of Maplewood, Ramsey County, Minnesota,
that the following On Sale License having been previously duly issued by this Council,
is hereby approved for renewal for one year.,effectiveJanuary 1, 1983, with the approvals
granted herein subject to satisfactory results of required Police, Fire and Health
inspections:
Hideaway
70 E. County Road B
Maplewood, Minnesota
9. Special Exception Renewal — 1780 Ruth
Approved the renewal of the calligraphy business home occupation permit at 1780 Ruth .
for three years, subject to continued compliance with the original conditions of approval.
E. A. SPECIAL ITEMS
1. State Fire Chiefs Poster Contest
a. Fire Marshal Al Schadt introduced representatives from East County Line, Glad-
stone and Parkside Fire Districts who presented awards to the winners of the 1982
State Fire Chief's Poster Contest as follows:
East
County Line Fire District
lst
Place
Kathryn Marco
Age
10
Transfiguration School
2nd
Place
Kurt Krummel
Age
10
Transfiguration School
3rd
Place
Lisa Webster
Age
10
Transfiguration School
Gladstone Fire
District
1st
Place
JosieDittmer
Age
10
Weaver School
2nd
Place
Angie Standberg
Age
10
Presentation School
3rd
Place
Kristin Watnemo
Age
10
Weaver School
Parkside Fire
District
1st
Place
Shelly Kottke
Age
9
St. Jerome's School
2nd
Place
Peter Robelia -
Age
9
St. Jerome's School
3rd
Place
Mica Brown
Age
11 -
St. Jerome's School
First place winners receive a $25 check from their District Fire Department and
- a Tonka Toy aerial fire truck donated by Tonka Toy Corporation, Minneapolis.
Second place winners receive a $15 check from their District Fire Department.
— 2 — 12/13
Third place winners receive a $5 check from their District Fire Department.
Posters were judged and evaluated by fire personnel.
2. WSSI Award to Officer Bowman
a. Mr. Lynn Zumbrunnen of WSSI (formerly Westinghouse Security System, Inc.)
presented Maplewood Police Officer Rick Bowman a $100 Savings Bond for the follow-
ing:
On October 31, 1982, Officer Rick Bowman, while on routine patrol, observed smoke
and subsequently flames coming from the apartment complex at 2425 E.Larpenteur.
He took immediate action to notify the dispatcher of this situation and saw to
it that the residents of the building were awakened and safely out of the building.
F. PUBLIC HEARINGS
1. Revenue Note — Maplewood West (Office Building) 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Maplewood West for a $4,000,000 Commercial Revenue Note to construct an office
and retail building to be located on the north side ofBeam Avenue east of Kennard
Street. The Clerk stated the hearing notice was in order and noted the dates
of publication.-
b. Manager Evans presented the staff report.
C. Mr. William Korstad, Maplewood West developer, spoke on behalf of his request.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its adoption:
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 economically sound industry and commerce to prevent
so far as possible the emergence of blighted and marginal lands and areas of
chronic unemployment;
— 3 — 12/13
(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 Maplewood West, a limited
partnership organized under the laws of the State of Minnesota
(the "Company ") a proposal that the City undertake to finance a
Project hereinafter described, through the issuance of revenue
bonds in the form of a single debt instrument ( "the Note ")
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
agsist the City in achieving those objectives. The Project
will help to increase assessed valuation of the City and help
maintain a positive relationship between assessed valuation and
debt and enhance the image and reputation of the community;
(e) Company is currently engaged in the
business of construction and ownership of office and commercial
buildings. The Project to be financed by the Note is an office
and retail building to be located in the City and leased to
various parties and consists of the construction of buildings
and improvements thereon and will result in the employment of
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 November 8, 1982, a public hearing on the
Project was held on December 13, 1982, after notice was
published, and materials made available for public inspection
at the 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
direct or indirect financial interest
any public official either directly o
financially from the Project.
of the City has either a
in the Project nor will
r indirectly benefit
- 4 - 12/13
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 and construction 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 principal
of and interest on the Note in the total principal amount of
approximately $4,000,000 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 Note, and the City hereby undertakes preliminarily to issue
its Note 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 la of
Section 474.02 of the Act; 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 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 Note as to the ultimate
details of the financing of the Project;
- 5 - 12/13
4. In accordance with Subdivision 7a of Section 474.01
Minnesota Statutes, the Mayor of the City is hereby authorized
and directed to submit the proposal for the Project to the
Commissioner 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
will be paid by Company;
6. Briggs and Morgan, Professional Association, acting as
bond counsel is authorized to assist in the preparation and
review of necessary documents relating to the Project, to
consult with the City Attorney, Company and the purchaser of
the Note as to the maturity, interest rate and other terms and
provisions of the Note 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 Note 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 Note shall never have the right to
compel any exercise of the taxing power of the City to pay the
outstanding principal on the Note or the interest thereon, or
to enforce payment thereof against any property of the City.
The Note shall recite in substance that the Note including
interest thereon, is payable solely from the revenue and
proceeds pledged to the payment thereof. The Note shall not
constitute a debt of the City within the meaning of any
constitutional or statutory limitation;
S. In anticipation of the approval by the Commissioner
and the issuance of the Note 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 as Company considers
necessary, including the use of interim, short -term financing,
subject to reimbursement from the proceeds of the Note if and
when delivered but otherwise without liability on the part of
the City;
Adopted by the City Council of the City of Maplewood,
Minnesota, this 13th day of December, 1982.
Seconded by Gouncilmember Maida. Ayes — all.
— 6 — 12/13
2. H.R.A. First Time Home (Buyer Program 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the HRA's
housing proposal for first time home buyers program. The Clerk stated the hearing
notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Associate Planner Randy Johnson explained the program.
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. Councilmember Anderson introduced the following resolution and moved its adoption:
82 — 12 — 174
WHEREAS, Minnesota Statutes Chapter 462C (the "Act ") authorizes the City of
Maplewood (the "City ") to develop and administer programs of making or purchasing
mortgage loans to finance the acquisition of single family housing units located
anywhere within its boundaries for occupancy primarily by persons of low and mod-
erate income; and
WHEREAS, the City published notice on September 22, 1982 of a public hearing
to be held on October 25, 1982 on the Housing Plan; and
WHEREAS, the City by Resolution on October 25, 1982 adopted the housing
plan for the City; and
WHEREAS, the City submitted the Housing Plan to the Metropolitan Council for
review pursuant to the Act; and
WHEREAS, the City desires to encourage the development of ownership opportunities
for senior citizens in the City; and
WHEREAS, the City desires to assist first —time homebuyers with the purchase
of affordable housing units within the City; and
WHEREAS, the City has prepared a 1983 Single Family Housing Bond Program (the
"Program "); and
WHEREAS, notice of the public hearing to adopt said program on December 13,
1982, was published in the Maplewood Review on November 24, 1982; and
WHEREAS, the City has determined that many would be purchasers of single family
houses are unable to either afford mortgage credit at the market rate of interest
or obtain mortgage credit because the mortgage market is severely restricted;
and
WHEREAS, the City has considered
other government housing programs; (
market financing for the acquisition
units; (3) an analysis of population
of the City and future housing needs
(1) the availability and affordability of
2) the availability and affordability of private
of existing and newly constructed housing
trends; and (4) the recent housing trends
in the City; and
— 7 — 12/13
WHEREAS, the City Council has further considered (1) the amount., timing and
sale of bonds to finance the estimated amounts of mortgage loans to be made under
the Program, to fund the appropriate reserves and to pay the costs of issuance;
(2) the number and qualifications of lenders eligible to participate in the Program;
(3) the method of monitoring the implementation by participants to insure that
the Program is consistent with the Housing Plan of the City and its objectives;
(4) the method of administering, servicing and supervising the Program; (5) the
cost to the City, including future administrative expenses; (6) the restrictions
on the purchase prices of housing units to be financed under the Program and the
Limit on mortgage loan amounts to be provided-thereunder; (7) the maximum permitted
income of persons or families receiving financing under the Program; and (8) certain
other limitations; and
WHEREAS, a local contribution of non —bond proceeds must be made to the Program;
and
WHEREAS, the amount of the local contribution as a percent of the amount of
the bond issue may determine the competitive position at the Minnesota Housing
Finance Agency for the Program; and
WHEREAS, the City has determined that it is in the best interests of the City
to permit the City Manager to submit the application with a local contribution
not to exceed 25 percent to the Minnesota Housing Finance Agency; and
WHEREAS, the City Council will meet on January 10, 1983 to ratify the amount
of the local contribution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD:
1. That the City Manager is authorized and directed to establish the amount
of the local contribution not to exceed 25 percent from developers, sellers,
lenders, and the City from tax increment from the senior citizen projects,
for the Program and to insert the percents of non —bond proceeds in Section
3 of the Program and to certify such local contribution to the Minnesota
Housing Finance Agency; and
2. That the 1983 Single Family Housing Bond Program as is on file with the
City Clerk is approved; and
3. That the City Manager is authorized and directed to submit the 1983 Single
Family Housing Bond Program to the Minnesota Housing Finance Agency for
review and approval.
Seconded by Councilmember Bastian. Ayes — all.
3. Sign Variance: Trinity Baptist Church 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Trinity Baptist Church, 2220 Edgerton Street, for a variance to erect a ground
sign. The Clerk stated the hearing notice was in order and noted the dates of
publication.
b. Manager Evans presented the staff report.
C. Mr. Vic Lydon presented the following Community Design Review Board recommend -
ation:
"Board Member Deans moved the Board recommend approval of the sign variance for
— 8 — 12/13
Trinity Baptist Church, based on the findings that:
1. The proposed sign meets the spirit and intent of the Sign Code.
2. The Sign Code creates a hardship since it does not permit signage for chur.ches.
Approval is subject to the removal of the 3 1/2 by 3 1/2 foot fence mounted sign
along Edgerton Street upon the erection of the new ground sign.
The Board also recommends the Council initiate an amendment to the sign ordinance
to allow signs in residential districts for public, church, school, or community
service uses.
Board Member Hedlund seconded. Ayes all."
d. Mr. Edgar Johnson, 910 Bartlemy Lane, representing Trinity Baptist Church,
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.
h. Councilmember Bastian introduced the following resolution and moved its adoption:
82 — 12 — 175
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVAL OF A VARIANCE
WHEREAS, a variance request has been initiated by Trinity Baptist church to
erect a ground sign on the following described property:
Ex S 604.13 ft the W 429 it of SW 1/4 of SE 1/4 (subj to Highway and Street)
in 8 29 22 and Subj to Rds and Hwy & Ponding Esmt., the S 604.13 ft of SW
1/4 of 8 29 22 (See 020 99 and 040 99)
Such above property being also known and numbered as Number 2220 Edgerton Street,
Maplewood, Ramsey County, Minnesota:
WHEREAS, the procedural history of this variance request is as follows:
1. That a variance request has been initiatedby Trinity Baptist Church pursuant
to Chapter 36 -242 of the Maplewood Code and Section 462.357 (g) of State
Statute;
2. That said variance request was referred to and reviewed by the Maplewood
Community Design Review Board on the 9th day of November, 1982, at which
time said Board recommended to the City Council that said variance be
approved;
3. That the Maplewood City Council held a public hearing to consider the
variance request, notice thereof having been published and mailed pursuant
to law; and
4. That all persons present at said hearing were given an opportunity to
— 9 — 12/13
be heard and /or present written statements, and the Council considered
reports and recommendations of the City Staff and Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY
COUNTY, MINNESOTA athat the above described variance be granted on the basis of
the following findings of fact:
1. The proposed sign meets the spirit and intent of the Sign. Code.
2. The Sign Code creates a hardship since it does not permit signage for
public, church or community service facilities.
Approval is subject to the removal of the 3 1/2 by 3 1/2 foot fence mounted sign
along Edgerton Street upon the erection of the new ground sign.
Seconded by Mayor Greavu.
Ayes — all.
I. Councilmember Maida _moved to refer the proposal to
to the proper commissions to allow signs in residentia
schools.
Seconded by Councilmember Anderson
G__ AWARD OF BIDS _
None.
H. UNFINISHED BUSINESS
1. Revised Sewer Rates — Second Reading
ign ordinance
)ublic churches
Ayes — Mayor Greavu, Councilmember Anderson
and Maida.
Nays — Councilmember Bastian and Joker.
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to establish the rate for apartments, condominiums
and mobile — homes —at— $25.10 per quarter. — — - - - -_�_
Seconded by Councilmember Joker. Ayes — all.
C. Councilmember Bastian introduced the following ordinance and moved its—adoption:
ORDINANCE NO. 531
PROPOSED ORDINANCE AMENDING THE MAPLEWOOD CODE
RELATING TO SEWER SERVICE CHARGES
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 28 -21 is hereby amended to read as follows:
The following rates and charges are hereby established for all sanitary sewer
services furnished by and in the City:
(1) The quarterly residential rates shall be:
Single— Family Dwelling $27.60
Townhouse 27.60
— 10 — 12/13
Duplex 55.20
Apartment (Inc.Codominium) 25.10
Mobile Home 25.10
2. Non — residential rates shall be as follows:
Class A $1.20 per 1,000 gallons
Class B $1.38 per 1,000 gallons
Class A customers are defined as those that maintain private sewer
system lines on a site of at least 200 acres.
Class B customers are defined as all other non — residential customers.
Non — residential sewer service charges shall be a minimum of $5.80
quarterly per sewer service connection.
3. The rate for properties used jointly for residential and commercial
purposes that are not metered separately shall be billed at non —resi-
dential rates.
4. In respect to property which shall be connected with the City sewer
system for the discharge and disposal of other residential, commercial
or industrial sewage waste, or any waste unusual in either character
of amount, then . in addition to all applicable chargeshereunder,
the City Council reserves the right to impose such supplemental sewage
rate charges as said City Council shall determine as reasonable and
warranted on the basis of all relevant factors.
Section 2. This ordinance shall take effect and be in force beginning January
1, 1983.
Seconded by Mayor Greavu. Ayes — all.
F. PUBLIC HEARINGS (continued)
4. Liquor License — Spark Liquors 8:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Raymond Elmer Streeter, Violet Streeter and Raymond Paul Streeter for an Off
Sale Liquor License to be located in the Maplewood Plaza, 3000 White Bear Avenue.
The Clerk stated the hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Mr. Raymond E. Streeter, one of the applicants, spoke on behalf of his request.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its adoption:
82 — 12 — 176
— 11 — 12/13
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the
City of Maplewood on December 13, 1982 an Off Sale Intoxicating Liquor License
was approved for Raymond Elmer Streeter, Violet Cora Streeter and Raymond Paul
Streeter, dba Sparks, Inc., 3000 White Bear Avenue.
The Council proceeded in this matter as outlined under the provisions of the City
Ordinances.
Seconded by Councilmember Juker. Ayes , all
H.--- UNFINISHED BUSINESS —
2. Revised Hydrant Charge — 2nd Reading
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following ordinance and moved its adoption:
ORDINANCE NO. 532
AN ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO HYDRANT
CHARGE RATES -
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS:
Section 1. That Section 35 -52 of the Maplewood Code is hereby adopted to
read as follows:
There shall be levied a hydrant charge against all properties benefiting from
fire portection created by the availability of water. Such charge shall be
imposed only within the St. Paul Water District service area where water mains
are located. The hydrant charge shall be levied whether or not the .property
is connected to water mains. The rates shall be as follows:
(1) The quarterly residential rates shall be:
Single Family Dwelling $ 2.50
Townhouse 2.50
Duplex 5.00
Apartment (inc. condominium) 2.00
Mobile Home 2.00
(2) Non — Residential rates shall be $.09 per 1,000 gallons but no less that
$ 2.50 per quarter.
(3) The rate for properties used jointly for residential and commercial purposes
that are not metered separtely shall be billed at non — residential rates.
(4) Users in excess of 25,000,000 gals. /month shall be charged based on the
following formula:
Projected Future Peak Day Usage of Customer Annual Cash Needs of $115,000
Projected Future Peak Day Usage -of City
— 12 — 12/13
Section 2. This ordinance shall take effect and be in force beginning January
1, 1983.
Seconded by Councilmember Maida. Ayes — all.
3. Code Amemdment — Environmental Protection
a. Manager Evans presented the staff report.
b. Councilmember Maida introduced the following— ordinance and moved its adoption:
ORDINANCE NO. 533
ENVIRONMENTAL PROTECTION ORDINANCE
An ordinance protecting the health, safety and welfare
of the citizens of Maplewood, Minnesota,
by amending City Code to adopt new sections
creating site planning requirements
Section 1. Chapter nine of the Code of Ordinances is amended to add the following
sections:
ARTICLE IX. ENVIRONMENTAL PROTECTION ORDINANCE
GENERAL PROVISIONS
Sec. 9 -186. Purpose.
The purpose of this ordinance is to protect significant natural features,
which:
(1) Preserve the natural character of neighborhoods
(2) Protect the health and safety of residents
(3) Protect water quality
(4) Prevent erosion or flooding
Section 9 -187. Applicability.
This ordinance shall apply to any new subdivision, development or building
to be approved by the city council or community design review board. This
ordinance shall not apply to any use permitted on a temporary basis for a
period not to exceed two years, when such use is established without site
preparation.
Section 9 -188. Definitions.
Bluffline - -a line delineating a top of a slope with direct drainage to a pro -
tectedwater, connecting the points at which the slope becomes less than eighteen
percent. (More than one bluffline may be encountered proceeding landward
from the protected water.)
Critical Area - -the area bounded by Carver Avenue, I -494 and the City limits. f
— 13 — 12/13
Crown Cover - -the ratio between the amount of land shaded by the vertical pro-
jection of the branches and foliage area of standing trees to the total area
of land, usually expressed as a percentage
Direct Drainage.- drainage into a protected water without an intervening
pond or wetland
Erosion - -the general process by which soils are removed by flowing surface
or sub - surface water or wind
Gross Soil Loss - -the average annual total amount of soil material carried
from one acre of land by erosion
Lift Station - -a facility, including pumping facilities, for the lifting of
sewage or storm water runoff to a higher sewage facility or storm water
runoff facility
Pipeline - -an underground line of pipe including associated pumps, valves,
control devices and other structures utilized for conveying liquids, gases,
sewage or other finely divided solids from one point to another
Protected Water -- formerly referred to as public waters, means any water
defined in Minnesota Statutes, Section 105.37' subdivision 14
Retaining Wall - -a structure utilized to hold a slope in position which it
would not naturally remain in
Sediment -- suspended matter carried by water, sewage or other liquids
Slope- -the inclination of the natural surface of the land from the horizontal;
commonly described as a ratio of the length to the height.
Structure -- anything manufactured, constructed or erected which is normally
attached to or positioned on land, including portable structures
Substation- -any utility structure, other than lines, pipelines, holes or
towers
Terrace - -a relatively level area bordered on one or more sides by a retaining
wall
Tree - -any woody plant, except a shrub, that has at least one trunk whose
diameter is four inches or greater, four feet above the ground
Utility facility -- physical facilities of electric, telephone, telegraph, cable
television, water, sanitary and storm sewer, solid waste, gas or similar
service operations
Vegetation - -all plant growth, especially trees, shrubs, mosses or grasses
Water Body - -any lake, stream, pond, wetland or river
Wetland - -any land which is seasonably wet or flooded, including all marshes,
bogs, swamps or floodplains
Sec. 9 -189. Density Guarantee.
- 14 - 12/13
No requirement in this article shall prevent the development of property to
the maximum density allowed in the Maplewood Comprehensive Plan Update. The
city council may require the clustering of dwellings in the form of town-
houses, quads or apartments or similar uses, where it is necessary to preserve
natural features. Single family homes are not precluded from consideration as
part of any proposed development under this ordinance.
SITE PLANNING REQUIREMENTS
Sec. 9 -190. Site plan required.
The applicant shall submit a site plan and any other information needed to
determine compliance with this ordinance. Specific requirements shall be
stated on an application form in the office of the director of community
development.
Sec. 9 -191. Site plan approval standards.
No site plan which fails to satisfy the following standards shall be approved:
(1) General standards
a. The conduct of all grading, landscaping, structure placement, and
- street routing shall be consistent with and to the maximum extent
in the furtherance of the City's Comprehensive Plan, and for develop-
ment in the critical area, the Maplewood Critical Area Plan.
b. The proposed development shall not lessen existing public access to
and along a protected water.
c. The proposed development shall be designed, constructed and maintained
to avoid causing:
1. Accelerated erosion
2. Pollution, contamination or siltation of water bodies or storm
sewers
3. flooding or increasing the storm water run -off rate
4. Ground water contamination
d. Development shall not substantially diminish the scientific, historical
educational, recreational or aesthetic value of unique natural areas
and unique plant and animal species, which are registered with the
State as such, and shall not substantially alter the reproductive
cycle of the species.
e. Views of protected waters from buildings or public streets shall not
be impaired by the placement of-advertising signs.
(2) Slopes
a. No development shall be permitted on existing slopes of eighteen
percent or greater which are in direct drainage to a protected water
b. In areas not in direct drainage to a protected water, no development
shall be allowed on existing slopes greater than forty percent.
- 15 - 12/13
c. No development; whether or not in direct drainage to a protected water,
shall be permitted on land having an existing slope, in excess of
twelve percent, unless the applicant proves the following conditions
are met:
1. Controls and protections exist uphill from the proposed development
such that there is no danger of structures or streets being
struck by falling rock, mud, sediment from erosion, uprooted trees
or other materials.
2. The proposed development presents no danger of falling rock, mud,
sediment from erosion, uprooted trees or other materials to
structures downhill.
3. The view of a developed slope within the critical area from the
Mississippi River and opposite river bank is consistent with the
natural appearance of the undeveloped slope, consistent with any
state registered historic areas nearby, compatible with the view
from historic areas, and compatible with surrounding architectural
features.
4. The city engineer may require the developer to provide a soils
engineer to certify the stability of potentially unstable slopes.
d. All new structures and roads shall be placed no closer than forty feet
from a bluff line. Exceptions shall be:
1. Public recreation facilities, scenic overlooks, public "observation"
platforms or public trail systems
2. The construction of above - ground pumping stations
3. Other development, when the applicant can conclusively demonstrate
that construction or final development will not negatively impact
slopes with a grade of eighteen percent or greater
4. All other structures, other than buildings and roadway surfaces,
but including retaining walls, shall meet the following design
requirements:
a) Retaining walls or terrace contours in excess of three feet in
height shall have a fence.
b) Construction materials shall be subject to community design
review board approval
e. The city council may waive the requirements of this section in the
following situations:
1. Where a slope has been substantially altered by prior excavation
or filling
2. Where a slope is too small to be significant
3. Where earth sheltered homes are proposed
- 16 -
12/13
(3) Erosion control and soils
a. All erosion control, storm water run -off, utility and similar structures
shall be designed to be maintained and operated without requiring the
crossing or operation of heavy maintenance vehicles and equipment, such
as bulldozers, trucks and backhoes, on slopes in excess of eight percent.
This requirement may be waived by the city council where there is no
other alternative.
b. Construction shall not be allowed where there are soil problems,
including but not limited to, soil bearing strength, shrink /swell
potential or excessive frost movement, unless effective soil correction
measures or building construction methods are approved by the building
official.
C. Development shall be accomplished only in such a manner that on -site
gross soil loss levels shall not exceed five tons per acre per year
- during construction, but only two tons per acre per year when the site
is adjacent to a water body, water course or storm sewer inlet and
0.5 tons per acre per year after construction activities are completed.
d. A development shall be located to minimize the removal of vegetation
and alteration of the natural topography.
e. Erosion protection measures shall make maximum use of natural, inplace
vegetation, rather than the placing of new vegetation on the site.
(4) Wetlands
a. Wetlands and other water bodies shall not be used as primary sediment
traps during construction.
b. Filling or construction shall not be allowed in areas proposed for
ponding in tre Maplewood Drainage Plan, as determined by the city,
engineer.
•c. Filling shall not cause the natural nutrient stripping capacity of the
wetland to fall below the nutrient production of the wetland watershed
for its projected development.
d. Fill must be free of chemical pollutants and organic wastes.
e. The property owners adjoining a wetland should be given the opportunity
for an equal apportionment of fill.
(5) Trees
a. Development shall be designed to preserve the maximum number of healthy
trees. This requirement shall not apply to diseased trees or where a
forester certifies that thinning is needed for the overall health of a
woodlot; in which case, a specific tree removal plan,must be approved
by the city.
b. If trees are cut, the density,of trees shall be restored to that which
existed before development, but in no case shall the applicant be
required to raise the density above ten trees per acre, unless part of
17 - 12/13
a required planting screen. Any trees required to be planted
shall be varied in species, shall maximize the use of species
native to the area, shall not include any species under disease
epidemic and shall be hardy under local conditions. Tree diameters
shall be at least two inches.
C. The applicant shall demonstrate that all grading which takes place
will be conducted in a manner that preserves the root zone areation
and stability of existing trees and provides an adequate watering
area equal to at least one -half of each tree's crown cover.
UTILITIES AND STREETS
Sec. 9 -192. Utilities.
(a) Underground placing of utilities shall be required, unless economic,
technological or land characteristic factors make underground placement
unfeasible. Economic considerations alone shall not be the major deter-
minant regarding feasibility.
(b) Overhead crossings of protected waters, if required, shall meet the
following criteria:
(1) The crossings shall be adjacent to or part of an existing utility
corridor, including bridge or overhead utility lines, whenever
possible.
(2) All structures utilized shall be as compatible as practical with
land use and scenic views.
(3) Right -of -way clearance shall be kept to a minimum.
(4) Vegetative screening shall be utilized to the maximum extent that
would be consistent with safety requirements.
(5) Routing shall avoid unstable soils, blufflines or high ridges. The
alteration of the natural environment, including grading, shall be
minimized.
(6) The crossings shall be subject to the site planning requirements set
forth in this ordinance.
(c) Utility substations
(1) All substations shall be subject to the site planning requirements
set forth in this ordinance.
(2) New substations or refurbishment of existing substations shall be
compatible in height, scale, building materials, landscaping and
signing with surrounding natural environment or land uses. Screening
by natural means is encouraged.
(d) Pipelines
(1) All proposed pipelines and underground facilities shall be subject
to the site planning requirements set forth in this ardinance.
(2) These facilities shall be located to avoid wetlands,- woodlands or
areas of unstable soils.
— 18 — 12/13
(3) All underground placing of utilities or pipelines shall be followed by
turf establishment.
(4) All proposed pipelines shall be placed at least eight feet under a creek
bed.
Section 9 -193. Streets.
(a) The grades of any streets shall not exceed seven percent, unless there is
no feasible alternative as determined by the City Engineer.
(b) Roads shall be constructed to minimize impacts on the natural terrain and
natural landscape.
(c) All roads shall be subject to the site planning requirements set forth in
Section 9 -191.
Section 2. This ordinance shall take effect after its passage and publication.
Seconded by Councilmember Bastian. Ayes — all.
4. Valley Branch Watershed Assessment
a. Manager Evans presented the staff report.
b. Councilmember Bastian moved to pay the Valley Branch Watershed Assessment
in the amount—of $268.37 and this payment be a final payment to the Valley Branch
Watershed District until such_time they submit their annual plans for Maplewood's
review and that their annual budget be submitted for review.
Seconded by Councilmember Anderson. Ayes — all.
F. PUBLIC HEARINGS (continued)
5. Rezoning — Belmont and Desoto 8:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Walter Wegleitner for a zone change for property located at the southwest corner
of Belmont Lane and DeSoto Street from R -1 Single Family residence to R -2 Double
Dwelling residence. The Clerk stated the hearing notice was in order and noted
the dates of publication.
b. Manager Evans presented the staff report.
C. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Kishel moved the Planning Commission recommend to the City Council
the approval of the zone change for Lot 15, Block 2, DeMars Tenth Addition from
R -1, Residence District (Single Dwelling) to R -2, Residence District (Double Dwelling),
on the basis that:
1. The rezoning is compatible with the neighborhood.
2. Over fifty percent of the surrounding land owners are in favor of the zone
change.
— 19 — 12/13
i
3. There would not be an adverse impact on density in the neighborhood, since
the area is presently underdeveloped according to the maximum density allowed
in the Land Use Plan.
Commissioner Sletten seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson,
Fischer, Hejny, Howard, Kishel, Pellish, Sletten."
d. Mr. Wegleitner, the applicant, 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.
h. Councilmember Bastian introduced the following resolution and moved its — adoption:
82 — 12 — 177
WHEREAS, a rezoning procedure has been initiated by Walter F. Wegleitner for
a zone change from R -1, Residence District (Single Dwelling) to R -2, Residence
District (Double Dwelling) for the following — described property:
Lot 15, Block 2, Demars Tenth Addition
Such above property being located at the southwest corner of Belmont Lane
and DeSoto Street, Maplewood, Ramsey County, Minnesota:
WHEREAS, the procedural history of this rezoning procedure is as follows:
1. That a rezoning procedure has been initiated by Walter F. Wegleitner,
pursuant to Chapter 36 of the Maplewood Code;
2. That said rezoning procedure was referred to and reviewed by the Maplewood
City Planning Commission on the 15th day of November, 1982, at which time
said Planning Commission recommended to the City Council that said rezone
procedure be approved;
3. That the Maplewood City Council held a public hearing to consider the
rezoning procedure, notice thereof having been published and mailed pursuant
to law; and
4. That all persons present at said hearing were given an opportunity to
be heard and /or present written statements, and the Council considered
reports and recommendations of the City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY
COUNTY, MINNESOTA that the above — described rezoning be granted on the basis of
the following findings of fact:
1. The rezoning is compatible with the neighborhood.
2. Over fifty percent of the surrounding landowners are in favor of the zone
change.
3. There would not be an adverse impact on density in the neighborhood since
the area is presently underdeveloped according to the maximum density
— 20 — 12/13
allowed in the Land Use Plan and there are also twelve single dwellings
on parcels presently zoned for double dwellings.
Seconded
by
Councilperson Joker.
Ayes - all.
I. NEW BUSINESS
1. State Aid 5 Year Plan
a. Manager Evans presented the staff report.
b. Councilmember Maida introduced the following resolution and moved its
82 - 12 - 178
WHEREAS, the City Council of Maplewood, Minnesota deems it necessary;
NOW, THEREFORE, BE IT RESOLVED that a five -year plan for construction of
designated M.S.A.S. Routes be and is hereby established as follows:
Year Project Eligible Cost
1983 :Holloway (McKnight- Century) $354 000
Hazelwood (Frost- T.H.36) $648,000
1984 Hazelwood (T.H. 36- County Road C) $423,000
1985 Hazelwood (County Rd. C -Beam) $363,000
1986 Hazelwood (Beam- County Road D) $363,000
1986 Holloway (Beebe- McKnight) $ 90,000
Seconded by Councilmember Anderson. Ayes - all.
2. Municipal State Aid Streets
a. Manager E vans presented the staff report.
tion:
b. Councilmember Bastian introduced the following resolution and moved its adoption:
82 - 12 - 179
WHEREAS, it appears to the City Council of the City of Maplewood, Minnesota
that the street hereinafter described should be designated a Municipal State
Aid Street under the provisions of Minnesota Laws of 1967 Chapter 162;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maple-
wood that the road described as follows, to -wit:
Frontage Road West of T.H. 61 from County Road D to Beam Avenue and T.H.
61
be and hereby is established, located, and designated a Municipal State Aid
Street of said City, subject to the approval of the Commissioner of Highways
of the State of Minnesota.
- 21 - 12/13
BE IT FURTHER RESOLVED, that the City is hereby authorized and directed
to forward two certified copies of this resolution to the Commissioner of
Highways for his consideration, and that upon this approval of the designation
r' of said road or portion thereof, that same be constructed, improved and main-
tained as a Municipal State Aid Street of the City of Maplewood, to be numbered
and known as Municipal State Aid Street 120, Segment 010.
Seconded by Mayor Greavu. Ayes — all.
3. Watershed District Boundaries
a. Councilmember Bastian moved to remove this item from the — Ageenda.-
Seconded by Councilmember Anderson. Ayes — all.
5. Notice on Boards and Commission Vacancies
a.- Manager Evans presented the staff report.
b. Councilmember Bastian moved to receive the report on the terms coming due for
reappointment in January, 1983 and that vacancies be announced in the Maplewood
in— Motion and the newspapers — toopprovide an — opportunity for residents s to— apply.
—
Seconded by Councilmember Maida. Ayes— all.
6. Changes in State Aid Formula
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to contribute $100.00 to the Metropolitan_ Lobbying
for Change in State Aid Formula Group and introduced _ the — followinnR resolution
and moved its adoption: _
82 — 12 — 180
WHEREAS, Minnesota state local government aid to cities was originally distrib-
uted on a per capita basis; and
WHEREAS, the current state aid distribution is not equitable in that some
cities receive as much as $122.95 per capita, and other cities receive as little
as $11.61 per capita; and
WHEREAS, the State Revenue Department report indicates that 1190 percent of
the inequities are caused by the grandfather clause, and the present formula fails
to achieve the purpose of equity;" and
WHEREAS, the following revenue sharing mechanisms, which may be duplication
of state aid, are also available and assist in achieving equity:
(a) Gas Tax for cities over 5000 population;
(b) Fiscal disparities;
(c) Metropolitan Transit Commission;
(d) Federal aid entitlements;
(e) Special local taxes.
NOW, THEREFORE; BE IT RESOLVED that the City of Maplewood strongly requests
and supports changes in the state aid formula.
— 22 — 12/13
BE IT FURTHER RESOLVED that the City of Maplewood specifically supports /re-
quests changes that will accomplish the following:
(a) Provide for equitable fund distribution;
(b) Include no grandfater clause;
(c) Provide for periodic review and adjustment to assure the goal of equity;
(d) Include no incentive for spending;
(e) Provide for distribution on a per capita basis,, with cities receiving
a lessor disbursement (as the result of a change in state aid formula)
given the option /authority to raise a one percent (1 %) sales tax.
Seconded by Councilmember Maida. Ayes - Mayor Greavu; Councilmembers Anderson,
Juker and Maida.
Nays - Councilmember Bastian.
4. Special Exception - Game Room - Minnehaha and Century
a. Manager Evans presented the staff report.
b. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Pellish moved the Planning Commission approve a resolution recommending
denial of the Tropicana Game Rooms on the basis of the four conditions shown on
the Staff report with the addition of a fifth item titled, "The added safety and
traffic problems generated by this use," in view of a lack of sidewalks on Minnehaha
and Century and the applicant's indication that a lot of the traffic would be
foot and bike oriented.
Commissioner Kishel seconded. Ayes -- Commissioners Axdahl, Barrett, Fischer,; -'
Howard, Kishel, Pellish, Sletten, Whitcomb, Hejny. Abstained - Commissioner Ellefson."
C. Mr. Rodney Vener, the applicant, and Mr. Thomas Murphy, attorney representing
Mr. Vener, explained the proposal.. They presented a petition signed by 44 residents
approving the proposal.
d. The following area residents approved the special exception:
Mr. John Moritz, 2708- Minnehaha; -
Mr. Charles Schipp, 2707 E. Margaret;
Mr. Jerry Erickson, 2670 E. Minnehaha;
Mrs. Margaret Duppong, 2705 E. Minnehaha.
d. Councilmember Joker introduced the following resolution and moved its adoption:
82 - 12 - 181
WHEREAS, a special exception permit request has been initiated by Rodney Vener
to operate a video game business for the following- described property:
Lot one and two, block one, Farrell's Addition, except the north 198 feet
thereof
WHEREAS, the procedural history of this special exception permit request is
as follows:
1. That aspecial exception permit request has been pursuant to the requirements
of section 36 -153 (2) (c) of the Maplewood Zoning Code.
- 23 - 12/13
2. That said special exception permit request was referred to and reviewed
by the Maplewood Planning Commission on the 6th day of December, 1982,
at which time said Planning Commission recommended to the City Council
that said special exception permit be denied;
3. That the Maplewood City Council considered reports and recommendations
of the City staff .and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL, that the above —
described special exception be denied on the basis of the following findings of
fact:
1. Game rooms are more appropriate in areas that are more largely commercial,
such as the Mall, where they would not create a nuisance to residential
development,
2. Council has denied other game rooms adjacent to residential areas because
of the nuisance potential.
3. This type of use may have a negative effect on adjacent businesses.
4. Video game rooms have caused problems in other cities.
5. The added safety and traffic problems generated by this use in view of
a lack of sidewalks on Minnehaha and Century and the applicants indication
that a lot of the traffic would be foot and bike oriented.
Seconded by Councilmember Anderson. Ayes — all.
7. Payrate for Accountant
a. Manager Evans presented the staff report.
b. Councilmember Maida authorized a pay rate of up to $12.00 per hour for the —
accountant position. �^
Seconded by Councilmember Bastian. Ayes — all.
8. Beam Avenue Assessment
a. Manager Evans stated as a result of an assessment appeal court decision, a
number of parcels along Beam Avenue have reduced assessments. The court determined
amounts must be assessed to the property through the normal process.
It therefore recommended the City Council schedule an assessment hearing for 7:15
p.m. on January 10, 1983.
b. Mayor Greavu introduced the following resolution and moved. its — adoption:
82 — 12 — 182
WHEREAS, the Clerk and the Engineer have, at the direction of the Council,
prepared an assessment roll for the construction of Project No. 70 -5A and 71 -15
Beam Avenue Improvements, 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:
-.24 - 12/13,
1. A hearing shall be held on the 10th day of January, 1983, 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.
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the City Council of Maplewood, Minnesota will
meet in the Council Chambers in the Municipal Building, at 1380 Frost Avenue at
7:15 p.m. on January 10, 1983 to hear all persons concerning the adoption of
the assessment roll for Public Improvements No. 70 -5A and 71 -15 Beam Avenue Improve —.
ments, to adopt the assessment roll as presented or amended. This hearing is
scheduled pursuant to Minnesota Statutes Chapter 429. The assessment roll as
herein described is on file in the office of the City Clerk.
Area to be assessed: Parcel
numbers - -57 00310 020 32
57 00310 020 76
57 00310 260 82
57 00310 280 82
57 00210 710 50
57 00210 550 50
All persons who wish to be heard, or to object with reference to this matter
may present their cases at this hearing, either orally or in writing. No appeal
may be taken as to the amount of any assessment adopted unless a written objection
signed by the affected property owner is filed with the City Clerk prior to the
assessment hearing or presented to the presiding officer at the hearing.
An owner may appeal an assessment to District Court pursuant to M.S.A. Section
429.081 by serving notice of the appeal upon the Mayor or City Clerk of the City
of Maplewood within thrity (30) days after the adoption of the assessment and
by filing such notice with the District Court within ten (10) days after service
upon the Mayor or City Clerk.
Deferment of assessments: Under the provisions of Minnesota Statutes, Section
435.193 to 435.195 the City may, at its discretion, defer the payment of assessments
for any homestead property owned by a person 65 years of age or older for whom
it would be a hardship to make the payments. The procedures for applying for
such deferment are available from the City Clerk.
BY ORDER OF THE CITY CLERK
/s/ Lucille E. Aurelius
City Clerk
City of Maplewood, Minnesota
Seconded by Councilmember Bastian. Ayes — all.
— 25 — 12/13
9. Easement Acquisition — Dorland Road
a. Manager Evans stated in order that the retaining wall located on Dorland Road
north of Linwood Avenue be made stable, it is necessary to place underground anchors
in the abutting property. We, therefore, need a permanent easement from the property
owners.
An agreement has been reached with Mr. Harry ,Bullock and Mrs. Karen Bullock for
the aforesaid easement as follows:
Permanent easement 2,500 SF @ $0.28/SF= $714.00.
We are, therefore, requesting that the City Council authorize the issuance of
a check in the amount of $714.00 for this matter.
b. Councilmember Juker moved to authorize the issuance of a check in the amoun
of $714.00 for a permanent easement from Harry and Karen Bullock, 2349 Linwood
Avenue. ^— -- -- - -- - - --- -�
Seconded by Councilmember Bastian. Ayes — all.
10. Budget Transfer — Sewer Account
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to approve a
account 701 -508 -4020 to Account No. 701 -508 -4
projects.
Seconded by Mayor Greavu. Ayes — all.
11. Final Plat — Sterling Glen
a. Manager Evans presented the staff report.
b. Councilmember Maida moved approval of the final
to the city holding the final plat until the follow
1. Completion of a developer's agreement.
transfer of $7,300.00 from
over two maior sewer repair
for Sterl
items are
Glen s
eted:
2. Approval by the city attorney of the homeowner's association by —laws and articles
of incorporation and the easements for drive access and utilities to each lot.
Seconded by Councilmember Bastian
J. VISITOR PRESENTATIONS
None.
K. COUNCIL PRESENTATIONS
1. White Bear Avenue
Ayes — Mayor Greavu, Councilmembers Bastian,
Maida and Juker.
Nays — Councilmember Anderson.
a. Councilmember Juker stated she had received calls from residents on west side
of White Bear Avenue in the area of Highway 36 and County Road C stating they
had never been notified about the proposed improvements of White Bear Avenue.
— 26 — 12/13
b. Staff stated this a County project and they were notified when the public
hearing was held.
°2. Letter to Senator Diessner
a. Councilmember Juker questioned if a letter was sent to Senator Diessner.
b. Council directed the Manager forward a letter to Senator Diessner regarding:
1. Open Meeting Law
2. Fiscal Disparities
3. Lake Overflow
4. Laws mandated by State but not financed
5. Metropolitan Council
6. Metro Water Department.
3. Frost Avenue
a. Councilmember Anderson stated he has been meeting with the residents of Frost
Avenue and the majority state they do not want the bike trail.
4. Cable TV
a. Councilmember Anderson reported on the progress of the Cable TV Commission.
Westinghouse is proposed to receive the contract. Also Councilmembers Anderson
and Juker can not make the next meeting.
5. Liquor License Establishment
a. Mayor Greavu stated since the article was in the paper regarding the number
of police calls to liquor establishments, the establishments have received calls
asking why they are having such problems. Perhaps the papers can place an article
correctly stating why the police calls were even discussed.
L. ADMINISTRATIVE PRESENTATIONS
1. Meeting — December 27, 1982
a. Manager Evans stated a meeting will be necessary and suggested it be scheduled .
for 4:00 P.M.
b. Council established the Council meeting for December 27, 1982 at 4:00 P.M.
in the Council Chambers.
M. ADJOURNMENT
9:41 P.M.
City Clerk
— 27 — 12/13