HomeMy WebLinkAbout12-23-91 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, December 23, 1991
Council Chambers, Municipal Building
Meeting No. 91-25
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 7:02 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Gary W. Bastian, Mayor Present
Dale H. Carlson, Councilmember Present
Frances L. ]uker, Councilmember Present
George F. Rossbach, Councilmember Present
Joseph A. Zappa, Councilmember Present
D. APPROVAL OF MINUTES
1.Council/Manager Meeting of December 5, 1991
Councilmember Zappa moved to approve the minutes of Council/Manager Meeting
(December 5, 1991) as presented.
Seconded by Mayor Bastian Ayes - all
2.Meeting No. 91-24 (December 9, 1991)
Councilmember Zappa moved to approve the minutes of Meeting No. 91-24 (December
9, 1991) as presented.
Seconded by Councilmember Rossbach Ayes - all
EA. APPOINTMENTS/PRESENTATIONS
1. Human Relations Commission Appointment
Mayor Bastian moved to table this item until later on the Agenda.
Seconded by Councilmember Zappa Ayes -all
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as amended.
1.91 Council Pay Freeze
2.Hiring Freeze
3.Temporary Roads
4.Mayor's Update
S.EA-1 Presentation
Seconded by Councilmember Zappa Ayes - all
1 12-23-91
EA. APPOINTMENTS/PRESENTATIONS
2.Chief Hale
a.Chief Hale presented Council with $4,480.00 as the 2% cut in the 1991 Budget.
b.Council accepted the reimbursement with their thanks.
G. CONSENT AGENDA:
Councilmember Zappa moved, seconded by Councilmember Rossbach; ayes - all, to
approve the consent agenda items G-1 thru G-5 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 692757.00 Checks #24992 - #25054
Dated 12- 2-91 thru 12-12-91
$ 115,214.31 Checks #15562- #15692
Dated 12-23-91
$ 807,971.31Tota1 per attached voucher/check register
PAYROLL: $ 244,084.63Payroll Checks dated 12-06-91
and 12-16-91 (Merit Pay)
$ 39,638.79 Payroll Deductions
$ 283,723.42 Total Payroll
$1,091,694.73 GRAND TOTAL
2.Removal of Assessment: Project 90-07
91 - 12 - 160
RESOLUTION REMOVING ASSESSMENT
WHEREAS, the City has levied assessments for City-Wide Water Main, also known as
Project 90-07, pursuant to Minn. Stat. Ch. 429.
WHEREAS, the City has entered into and completed negotiations for the exchange
of property relative to the expansion of Harvest Park.
WHEREAS, the land is legally described as:
Tract A
Commencing at the southeast corner of said Lot 5, Block 2; thence on an
assumed bearing of North 89 degrees 52 minutes 43 seconds West along
the south line of said Lot 5, said line being also the north line of
CAVES BARCLAY ADDITION according to the recorded plat thereof, a
distance of 229.78 feet; thence North 0 degrees 14 minutes 27
seconds West 82.00 feet to the point of beginning of the tract to be
described; thence South 89 degrees 52 minutes 43 seconds East 160.00
feet to a point on a 60.00 foot radius curve, the center of circle
2 12-23-91
of said curve bears South 85 degrees 13 minutes 43 seconds East from
said point; thence Northeasterly along said curve, an arc length of
99.05 feet, central angle 94 degrees 34 minutes 54 seconds to a
point on the east line of said Lot 5 distant 136.36 feet Northerly
of the southeast corner of said Lot 5; thence North 0 degrees 14
minutes 27 seconds West along said east line of Lot 5 a distance of
27.64 feet; thence North 89 degrees 52 minutes 43 seconds West
229.78 feet; thence South 0 degrees 14 minutes 27 seconds East 82.00
feet to the point of beginning. This tract contains 0.362 acres of
land.
Tract B
That part of Lot 5, Block 2, Auditor's Subdivision No. 76, Ramsey County,
Minnesota described as follows:
Beginning at the southeast corner of said Lot 5, Block 2; thence on an
assumed bearing of North 89 degrees 52 minutes 43 seconds West
along the south line of said Lot 5, said line being also the
north line of CAVES BARCLAY ADDITION according to the recorded
plat thereof, 11.67 feet to the point of beginning of the
tract to be described; thence continuing North 89 degrees 52
minutes 43 seconds West along said line 218.11 feet; thence
North 0 degrees 14 minutes 27 seconds West 82.00 feet; thence
South 89 degrees 52 minutes 43 seconds East 160.00 feet to a
point on a 60.00 foot radius curve, the center of circle of
said curve bears South 85 degrees 13 minutes 43 seconds East
from said point; thence Southeasterly along said curve an arc
length of 77.29 feet, central angle 73 degrees 48 minutes 27
seconds; thence Southeasterly along a 34 foot radius reverse
curve an arc length of 30.14 feet, central angle 50 degrees 48
minutes 18 seconds to the point of beginning. This tract
contains 0.339 acres of land.
WHEREAS, as a result of said levied assessment, the amount of assessment is
approximately the amount of $8,750.00.
NOW, THEREFORE, BE IT RESOLVED:
1.That the City hereby vacates the assessment in the amount of $8,750.00.00 on
Tract A and B which is formally known as park property.
2.The City hereby waives the requirement of Minn. Stat X429.071, Subd. 2 with
respect to Notice of Hearing concerning the assessment on said
parcel.
3.Reduction of Assessment: Project 86-01
91 - 12 - 161
RESOLUTION REDUCING ASSESSMENT
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council met and heard and passed upon all objections to the proposed
assessment for the construction of Condor Storm Sewer - Western Branch, also
known as Project 86-01 on June 25, 1990.
WHEREAS, Marv Anderson Homes, Inc., filed formal Notice of Appeal pursuant to
Statute X429 et al on July 18, 1990, with respect to Parcels in Marvin
3 12-23-91
Anderson Homes, Inc., ownership.
WHEREAS, the assessment appeals were duly scheduled in the Ramsey County
District Court on November 7, 1991, at 9:00 a.m.
WHEREAS, the City of Maplewood, a Municipal corporation and Marv Anderson Homes,
Inc., entered into a Stipulation in order to avoid continued litigation and
additional costs and for final determination of benefit.
WHEREAS, Marvin Anderson Homes, Inc., has agreed to a re-assessment of each of
its parcels in the amount of $400.00 per lot.
WHEREAS, Marvin Anderson Homes, Inc., has waived, through Stipulation, the
requirements for notice and hearing pursuant to X429.071, Subd. 2.
NOW, THEREFORE, be it resolved by the City Council of Maplewood, Minnesota, as
follows:
1.The following parcels located in the City of Maplewood be reduced by $100.00
per lot and that the re-assessment for the following parcels
located in the City of Maplewood, County of Ramsey be $400.00 per
lot, the following described parcels:
Lot 1, Block 1, Crestview Third Addition
Lot 2, Block 1, Crestview Third Addition
Lot 1, Block 2, Crestview Third Addition
Lot 7, Block 2, Crestview Third Addition
Lot 1, Block 5, Crestview Third Addition
Lot 3, Block 5, Crestview Third Addition
Lot 4, Block 5, Crestview Third Addition
Lot 7, Block 5, Crestview Third Addition
Lot 1, Block 1, Crestview Fourth Addition
Lot 3, Block 1, Crestview Fourth Addition
Lot 5, Block 1, Crestview Fourth Addition
Lot 6, Block 1, Crestview Fourth Addition
Lot 7, Block 1, Crestview Fourth Addition
Lot 1, Block 2, Crestview Fourth Addition
Lot 2, Block 2, Crestview Fourth Addition
Lot 3, Block 2, Crestview Fourth Addition
Lot 4, Block 2, Crestview Fourth Addition
Lot 7, Block 2, Crestview Fourth Addition
Lot 8, Block 2, Crestview Fourth Addition
Lot 9, Block 2, Crestview Fourth Addition
Lot 10, Block 2, Crestview Fourth Addition
Lot 11, Block 2, Crestview Fourth Addition
Lot 12, Block 2, Crestview Fourth Addition
Lot 13, Block 2, Crestview Fourth Addition
Lot 14, Block 2, Crestview Fourth Addition
Lot 15, Block 2, Crestview Fourth Addition
Lot 16, Block 2, Crestview Fourth Addition
Lot 17, Block 2, Crestview Fourth Addition
Lot 4, Block 3, Crestview Fourth Addition
Lot 5, Block 3, Crestview Fourth Addition
Lot 6, Block 3, Crestview Fourth Addition
Lot 7, Block 3, Crestview Fourth Addition
Lot 8, Block 3, Crestview Fourth Addition
Lot 9, Block 3, Crestview Fourth Addition
Lot 8, Block 2, Crestview Third Addition
Lot 5, Block 2, Crestview Fourth Addition
Lot 1, Block 3, Crestview Fourth Addition
Lot 2, Block 3, Crestview Fourth Addition
4 12-23-91
4.Reduction of Assessment: Project 90-07
91-12-162
REDUCTION OF ASSESSMENT
WHEREAS, the City pursuant to Minnesota Statute Chapter 429 on May 13, 1991,
levied assessments for City Project No. 90-07 on Krieglmeier's property, also
known as 49 East Larpenteur Avenue (PIN No. 18-29-22-34-0062).
WHEREAS, the amount levied against the Krieglmeier's property was in the total
assessment of $3,125.00.
WHEREAS, the Krieglmeiers filed a Notice of Appeal pursuant to Minnesota Statute
Chapter 429.
WHEREAS, the City met and negotiated with the Krieglmeiers relative to said
assessments appeal;
WHEREAS, the City Attorney has recommended a reassessment pursuant to Minn.
Stat. X429.071, Subd. 2;
WHEREAS, said reassessment is consistent with statutory requirements and will
serve to avoid unnecessary litigation;
NOW, THEREFORE, BE IT RESOLVED:
1.That the assessment is hereby reduced on PIN N0. 18-29-22-34-0062 also
known as 49 East Larpenteur, in the amount of $2,625.00.
91-12-163
REDUCTION OF ASSESSMENT
WHEREAS, the City pursuant to Minnesota Statute Chapter 429 on May 13, 1991,
levied assessments for City Project No. 90-07 on Thomas A. and Roxanne R.
Stebner's property, also known as 1683 Abel Street (PIN No. 18-29-22-34-
0047).
WHEREAS, the amount levied against the Stebner's property was in the total
assessment of $3,125.00.
WHEREAS, the Stebner's filed a Notice of Appeal pursuant to Minnesota Statute
Chapter 429.
WHEREAS, the matter came before the Honorable Gordon W. Shumaker, Judge of
District Court on September 26, 1991, as District Court File No. C7-91-6322.
WHEREAS, the Honorable Gordon W. Shumaker issued an Order and Judgment on
October 4, 1991, vacating and setting aside the assessment in the amount of
$2,625.00.
NOW, THEREFORE, BE IT RESOLVED:
1.That the assessment is hereby reduced on PIN N0. 18-29-22-34-0047 also
known as 1683 Abel Street, in the amount of $2,625.00.
5 12-23-91
91-12-164
REDUCTION OF ASSESSMENT
WHEREAS, the City pursuant to Minnesota Statute Chapter 429 on May 13, 1991,
levied assessments for City Project No. 90-07 on Omar N. and Susan R. Olson's
property, also known as 1695 Abel Street (PIN No. 18-29-22-34-0046).
WHEREAS, the amount levied against the Olson's property was in the total
assessment of $3,125.00.
WHEREAS, the Stebner's filed a Notice of Appeal pursuant to Minnesota Statute
Chapter 429.
WHEREAS, the matter came before the Honorable Gordon W. Shumaker, Judge of
District Court on September 26, 1991, as District Court File No. C6-91-6375.
WHEREAS, the Honorable Gordon W. Shumaker issued an Order and Judgment on
October 4, 1991, vacating and setting aside the assessment in the amount of
$2,625.00.
NOW, THEREFORE, BE IT RESOLVED:
1.That the assessment is hereby reduced on PIN N0. 18-29-22-34-0046 also
known as 1695 Abel Street, in the amount of $2,625.00.
S.PERA Resolution - Part-Time Police Officer
91 - 12 - 165
WHEREAS, the City of Maplewood has hired Kevin J. Rabbett to serve as a part-
time police officer, and
WHEREAS, the City of Maplewood desires that Kevin J. Rabbett be classified as a
basic member of the Public Employees Police and Fire Fund:
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
pursuant to M.S.A. Section 353.64, subd. 4, the part-time police officer
position held by Kevin J. Rabbett is a police officer position.
BE IT FURTHER RESOLVED that the Director of Public Safety shall hereby cause
employee contributions to be deducted from the salary of Kevin J. Rabbett
according to the provisions of M.S.A. Section 353.27, subd. 4.
G. PUBLIC HEARINGS
1.7:00 p.m. (7:10 p.m.), 1919 White Bear Avenue:
Zoning Map Change (4 Votes)
Lot Width Variances
Sideyard Setback Variance
a.Mayor Bastian convened the meeting for a public hearing regarding 1916 White
Bear Avenue.
b.Manager McGuire presented the staff report.
c.Director of Community Development Olson presented the specifics of the report.
d.Commissioner Will Rossbach presented the P.C. report.
6 12-23-91
e.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Ambrose Czeck, 1756 Frost Avenue
f.Mayor Bastian closed the public hearing.
g.Councilmember Rossbach introduced the followinp Resolution and moved its
adoption:
91 - 12 - 166
ZONING MAP CHANGE
WHEREAS, the City of Maplewood applied for a change in the zoning map from R-
1, (single-dwelling residential) to R-1S (small lot single-dwelling
residential).
WHEREAS, this change applies to the property located at 1919 White Bear
Avenue. The legal description is:
The North 1/2 of Lot 2, Garden Acres Addition, except the West 110 feet.
The PIN is 15-29-22-41-0003.
WHEREAS, the history of this change is as follows:
1.On October 7, 1991, the Planning Commission recommended that the City
Council approve the change.
2.The City Council held a public hearing on December 23, 1991. City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Council gave
everyone at the hearing an opportunity to speak and present written
statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described change in the zoning map for the following reasons:
1.The proposed change is consistent with the spirit, purpose and intent of
the zoning code.
2.The proposed change will not substantially injure or detract from the use
of neighboring property or from the character of the neighborhood,
and that the use of the property adjacent to the area included in
the proposed change or plan is adequately safeguarded.
3.The proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
4.The proposed change would have no negative effect upon the logical,
efficient, and economical extension of public services and
facilities, such as public water, sewers, police and fire protection
and schools.
S.The lot meets the lot area requirement of the R-1S zoning district.
Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
7 12-23-91
Nays -Councilmember ]uker
8 12-23-91
h.Councilmember Rossbach introduced the followinp Resolution and moved its adoption:
91 - 12 - 167
VARIANCE RESOLUTION
WHEREAS, Ambrose Czeck applied for a variance from the zoning ordinance at
1919 White Bear Avenue. The legal description is:
The North 1/2 of Lot 2, Garden Acres Addition, except the West 110 feet. The
PIN is 15-29-22-41-0003.
WHEREAS, Section 36-84.3 (b) of the Maplewood Code of Ordinances requires a
lot width of at least sixty feet in the R-1S zoning district to build a
single dwelling.
WHEREAS, the applicant is proposing to build a single dwelling on an existing
lot that is fifty feet wide.
WHEREAS, this requires a variance of ten feet.
WHEREAS, the history of this variance is as follows:
1.This variance was reviewed by the Planning Commission on October 7,
1991. They recommended that the City Council approve the variance.
2.The City Council held a public hearing on December 23, 1991. City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Council gave
everyone at the hearing an opportunity to speak and present written
statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variance for the following reasons:
1.A house on a fifty-foot-wide lot is in keeping with the character of the
area.
2.The problem is due to circumstances unique to the property that the owner
did not cause.
3.The variance is in keeping with the spirit and intent of the ordinance.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays -Councilmember ]uker
i.Councilmember Zappa moved to deny the request for variance from the sideyard
set-back.
Motion died for lack of a second.
9 12-23-91
j.Mayor Bastian introduced the following Resolution and moved its adoption:
91 - 12 - 168
VARIANCE RESOLUTION
WHEREAS, Ambrose Czeck applied for a variance from the zoning ordinance at
1919 White Bear Avenue. The legal description is:
The North 1/2 of Lot 2, Garden Acres Addition, except the West 110 feet. The PIN
is 15-29-22-41-0003.
WHEREAS, Section 36-84.3 (b) of the Maplewood Code of Ordinances requires a
lot in the R-1S zone to have a side yard of at least five feet on one side
of the lot and ten feet on the other side.
WHEREAS, the applicant is proposing a lot with two side yards of five feet
each.
WHEREAS, this requires a variance of five feet.
WHEREAS, the history of this variance is as follows:
1.This variance was reviewed by the Planning Commission on October 7, 1991.
They recommended that the City Council approve the variance.
2.The City Council held a public hearing on December 23, 1991. City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Council gave
everyone at the hearing an opportunity to speak and present written
statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variance for the following reasons:
1.There would be at least fifteen feet between houses, which meets the intent
of the R-1S district.
2.The variance is in keeping with the spirit and intent of the ordinance.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach
Nays -Councilmembers ]uker, Zappa
Mayor Bastian moved to table the appointment of the Human Relations Commission
member until the next meeting.
Seconded by Councilmember Zappa Ayes -all
2.7:10 p.m. (7:52 p.m.), Code Change: Building Separations in Town House
Developments (4 Votes)
a.Mayor Bastian convened the meeting for a public hearing regarding a change in
the Code regulating building separations in Town House developments.
b.Manager McGuire presented the staff report.
c.Director of Community Development Olson presented the specifics of the report.
10 12-23-91
d.Board Member Don Moe presented the specifics of the report.
e.Mayor Bastian opened the public hearing, calling for proponents or opponents.
No one appeared.
f.Mayor Bastian closed the public hearing.
g.Councilmember Zappa introduced the following Ordinance and moved its adoption:
ORDINANCE N0. 695
AN ORDINANCE CHANGING THE BUILDING SEPARATION
REQUIREMENTS IN TOWN HOUSE DEVELOPMENTS
THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING CHANGES TO THE CITY'S CODE OF
ORDINANCES:
Section 1. Change subsection 36-124 (6) applying to town house developments, as
follows:
(6)Side Yard Requirements
As applied to the total development site, a side yard shall be no less than
twenty (20) feet in width.
Section 2. Change Section 36-124 by adding a new subsection 8, as follows:
(8)Minimum building separations. The minimum separation between detached
buildings shall be as follows:
a. dwelling to dwelling - 20 feet
b. dwelling to accessory building - 10 feet
c. accessory building to accessory building - 10 feet
Section 3. This ordinance shall take effect upon its passage.
Seconded by Councilmember Rossbach Ayes -all
Councilmember Zappa moved to amend the Agenda to hear G-4 at this time.
Seconded by Councilmember Rossbach Ayes -all
4.7:20 p.m. (7:59 p.m.), Stein Liquor License
a.Mayor Bastian convened the meeting for a public hearing regarding the liquor
license application for Arthur Stein of Laber's Liquors.
b.Manager McGuire presented the staff report.
c.Mayor Bastian opened the public hearing, calling for proponents or opponents.
No one appeared.
d.Mayor Bastian closed the public hearing.
11 12-23-91
e.Mayor Bastian moved to approve the off-sale liquor license for Arthur Stein for
Laber's Liquors at 1700-D Rice Street.
Seconded by Councilmember Rossbach Ayes -all
3.7:10 p.m. (8:01 p.m.), Gervais Avenue (Cottages of Maplewood):
Land Use Plan Change (4 Votes)
Reduction of Parking Spaces
Conditional Use Permit For a PUD
Sanitary Sewer Feasibility Study
Tax-Exempt Financing
Tax-Increment Financing
a.Mayor Bastian convened the meeting for a public hearing regarding the Cottages
of Maplewood on Gervais Avenue.
b.Manager McGuire presented the staff report.
c.Director of Community Development presented the specifics of the report.
d.Commissioner Rossbach presented the Planning Commission report.
e.Chairman Fischer presented the Housing and Redevelopment Authority report.
f.Board Member Moe presented the Community Design Review Board report.
g.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
John Arkell, Developer
Art Wilde, 2464 Flandrau
Brian Schultz, 2473 Flandrau
Resident of 2504 Barclay
Davis Lundberg, Schwan Sales
Jim Glander, 1572 Gervais
Bill Barnes, 2527 Bittersweet Lane
h.Mayor Bastian closed the public hearing.
i.Councilmember Zappa moved approval of the Land Use Plan change for Cottages of
Maplewood.
Seconded by Councilmember Juker
Councilmember Zappa withdrew the motion.
j.Mayor Bastian introduced the following resolution and moved its adoption:
91 - 12 - 169
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Cottages Lifestyles Inc. (John Arkell) applied for a change to the
City's land use plan from LSC (limited service commercial) to RH
(residential high density).
WHEREAS, this change applies to the undeveloped property on the north side of
Gervais Avenue, east of Flandrau Street. The legal description is:
12 12-23-91
The north 689.64 feet of the south 989.64 feet of Lot 2, the north 284.67 feet
of the south 989.64 feet of the west 15.0 feet of Lot 1, and the
south 704.97 feet of Lot 1, all in E. G. Rogers Garden lots, Ramsey
County, subject to Gervais Avenue road easement.
WHEREAS, the history of this change is as follows:
1.The Planning Commission held a public hearing on December 2, 1991. City
staff published a hearing notice in the Maplewood Review and sent
notices to the surrounding property owners as required by law. The
Planning Commission gave everyone at the hearing a chance to speak
and present written statements. The Planning Commission recommended
to the City Council that the plan amendment be approved.
2.The City Council discussed the plan amendment on December 23, 1991. They
considered reports and recommendations from the Planning Commission
and City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described change for the following reasons:
1.This site is proper for and consistent with the City's policies for high
density residential use. This includes:
a.Being a transitional land use between low density residential and commercial
land uses.
b.It is next to a collector street and is near a church, shopping and
Four Seasons Park.
2.This development will have no adverse effect on surrounding properties
because:
a.The existing and proposed vegetation will screen the town houses from
the nearby homes.
b.Studies have shown there will be no adverse effect on property values.
c.There would be no traffic from this development on existing residential
streets.
3.The City had planned this site for RH land use from 1973 - 1983.
4.In 1983, the City gave concept approval to a senior housing project on
this site.
S.If construction has not started within a year, the Land Use Plan Change
is to be brought before the Council.
Seconded by Councilmember Zappa Ayes -all
Councilmember Zappa moved to table the balance of this item until December 30, 1991
at 6:00 p.m. in the City Council Chambers.
Seconded by Councilmember ]uker Ayes -all
Councilmember ]uker moved the meeting be extended until 11:00 p.m.
Seconded by Councilmember Zappa Ayes - all
13 12-23-91
H. AWARD OF BIDS
1.Maplewood-In-Motion
a.Manager McGuire presented the staff report.
b.Councilmember ]uker moved acceptance of the bid from Nystrom Publishing
Company Inc. in the amount of $25,656.00 for 12 issues (13,200 copies each) of
the newsletter.
Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmembers
Carlson, ]uker, Rossbach
Nays -Councilmember Zappa
c.Councilmember Zappa moved to direct staff to bring Maplewood-In-Motion back before
the Council in 9 months to review the format, etc.
Seconded by Councilmember Rossbach Ayes -all
I. UNFINISHED BUSINESS
1.Ordinance to Increase Hydrant Charge Rates (2nd Reading)
a.Manager McGuire presented the staff report.
b.Mayor Bastian introduced the following Ordinance and moved its adoption:
ORDINANCE N0. 696
AMENDING THE CODE RELATING TO HYDRANT CHARGE RATES
BE IT ORDAINED BY COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS:
Section 1. This Section 35-52 of the Maplewood Code is hereby adopted to read as
follows:
There shall be levied a hydrant charge against all properties benefitting from
fire protection 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 $3.70
Townhouse 3.70
Duplex 7.40
Apartment 2.95
Condominium 3.70
Mobile Home 3.70
(2)Non-residential rates shall be as follows:
Class A - over 300 MGY - $.09 per 1,000 gallons
Class B - 0 - 299 MGY - $.14 per 1,000 gallons
Minimum rate - $3.70 per quarter
(3)The rate for properties used jointly for residential and commercial
purposes that are not metered separately shall be billed at
14 12-23-91
non-residential rates.
Section 2.This ordinance shall take effect and be in force beginning January 1,
1992.
Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmembers
Carlson, Juker
Nays -Councilmembers Rossbach, Zappa
2.Ordinance to Increase Sewer Rates (2nd Reading)
a.Manager McGuire presented the staff report.
b.Mayor Bastian introduced the followinp Ordinance and moved its adoption:
ORDINANCE N0. 697
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 $33.80
Townhouse 33.80
Duplex 67.60
Condominium 33.80
Mobile Home 33.80
Apartment 27.00
(2)Non-residential rates shall be $1.68 per 1,000 per gallons.
Non-residential sewer service charges shall be a minimum of $7.10
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-residential
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 rates, or any waste unusual in either character or
amount, then in addition to all applicable charges hereunder, 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,
1992.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Juker
Nays -Councilmembers Rossbach, Zappa
15 12-23-91
3.Reconsideration of Increase in Ambulance Rates
a.Manager McGuire presented the staff report.
b.Mayor Bastian moved to initiate a study of alternative bids for a fee study.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach
Nays -Councilmembers Juke r, Zappa
c.Councilmember Carlson moved to reconsider the proposed increase in ambulance
fees for 1992.
Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers
Carlson, Juke r, Zappa
Nays -Councilmember Rossbach
d.Mayor Bastian introduced the followinp Resolution and moved its adoption:
91 - 12 - 170
ADOPTING 1992 AMBULANCE RATES
WHEREAS, the City of Maplewood is authorized to impose reasonable charges for
emergency and paramedic ambulance services by Minnesota Statutes 471.476 and by
special laws (Chapter 426, Laws of 1975, and Chapter 743, Laws of 1978); and
WHEREAS, the paramedic ambulance services are partly financed by property taxes;
and
WHEREAS, it is fair and reasonable to charge non-residents a higher rate than
residents for services rendered; and
WHEREAS, it is fair and reasonable to charge for services rendered based upon
the type of services provided, i.e., basic or advance life support services as
defined by Medicare.
NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be effective
January 1, 1992:
Residents Non-Residents
Basic ambulance services $210 $230
Advanced life support ambulance services $380 $420
BE IT FURTHER RESOLVED, that there shall be no charge for services rendered when
the length of services is 10 minutes or less, when the patient is not
transported, when the patient is transported to the detoxification center, or
when the patient is transported in a squad car.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Zappa
Nays -Councilmembers Juke r, Rossbach
The meeting adjourned at 11:01 P.M. and will be re-convened at 6:00 P.M. on Monday,
December 30, 1991.
16 12-23-91
The continuation of Maplewood City Council Meeting 91-25 was called to order at 6:00
p.m.
ROLL CALL
Gary W. Bastian, Mayor Present
Dale H. Carlson, Councilmember Present
Frances L. Juke r, Councilmember Present
George F. Rossbach, Councilmember Present
Joseph A. Zappa, Councilmember Present
G. PUBLIC HEARINGS: (Continued)
3.7:10 p.m. (8:01 p.m.), Gervais Avenue (Cottages of Maplewood):
(Continued from December 23, 1991)
a. Land Use Plan Change (4 Votes) (See December 23 Minutes)
b. Reduction of Parking Spaces
c. Conditional Use Permit For a PUD
d. Sanitary Sewer Feasibility Study
e. Tax-Exempt Financing
f. Tax-Increment Financing
a.Land Use Plan Change
Approved 12-23-91
b.Reduction of Parking Spaces
1.Councilmember Zappa moved to approve the reduction of the required number of
parkinp spaces to 161 (108 garages and 54 open spaces) rather than the
212 spaces required by code because:
1.The parkinp space requirement is not proper for senior housing because
there are fewer cars per unit in these proiects.
2.The City has approved a reduced number of parkinp spaces for other
senior housing, including the Village on Woodlynn.
Seconded by Councilmember Carlson Ayes -all
c.Conditional Use Permit For a PUD
1.Mayor Bastian introduced the following Resolution and moved its adoption:
91 - 12 - 171
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Cottages Lifestyles Inc. (John Arkell) applied for a conditional use
permit for the Cottages of Maplewood West planned unit development.
WHEREAS, this permit applies to the undeveloped property on the north side of
Gervais Avenue, east of Flandrau Street. The legal description is:
The north 689.64 feet of the south 989.64 feet of Lot 2, the north 284.67 feet
of the south 989.64 feet of the west 15.0 feet of Lot 1, and the south 704.97
feet of Lot 1, all in E. G. Rogers Garden lots, Ramsey County, subject to
Gervais Avenue road easement.
17 12-30-91
WHEREAS, the history of this conditional use permit is as follows:
1.The Planning Commission discussed this application on December 2, 1991. They
recommended that the City Council deny the permit.
2.The City Council held a public hearing on December 23, 1991. City staff
published a notice in the paper and sent notices to the surrounding
property owners as required by law. The Council gave everyone at the
hearing a chance to speak and present written statements. The Council
also considered reports and recommendations of the City staff and
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
conditional use permit for the following reasons:
1.The use would be located, designed, maintained, constructed and operated to be
in conformity with the City's Comprehensive Plan and Code of Ordinances.
2.The use would not change the existing or planned character of the surrounding
area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage, water run-off, vibration, general unsightliness,
electrical interference or other nuisances.
S.The use would generate only minimal vehicular traffic on local streets and
would not create traffic congestion or unsafe access on existing or
proposed streets.
6.The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and
sewer systems, schools and parks.
7.The use would not create excessive additional costs for public facilities or
services.
8.The use would maximize the preservation of and incorporate the site's natural
and scenic features into the development design.
9.The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1.A11 construction shall follow the site plan, date-stamped November 20, 1991,
as amended by the CDRB pursuant to Council approval of the Conditional
Use Permit for the PUD, except that all buildings shall meet the
setbacks required by City Code. The City Council may approve major
changes, after a public hearing and recommendation from the Community
Design Review Board. The Director of Community Development may approve
minor changes.
2.The owner shall not convert this development to nonseniors housing without the
revision of the planned unit development. For this permit, the City
defines seniors housing as a residence occupied by persons that are 55
years of age or older, notwithstanding the definition of senior, rental
18 12-30-91
preference shall be given persons 60 years of age or older. This
information shall be on file in the Project Manager's office and shall
be subject to review.
19 12-30-91
3.The developer shall install and maintain a 5-foot-wide concrete sidewalk along
the north side of Gervais Avenue. This sidewalk shall run from Maple
Ridge Property to Four Seasons Park. The plans and specifications for
the sidewalk shall be subject to the approval of the City Engineer.
4.Approval by the City Engineer of final grading, utility, drainage, erosion
control and driveway plans. The erosion control plan shall be
consistent with the Ramsey Soil and Water Conservation District Erosion
and Sediment Control Handbook.
S.The design of the pond shall be subject to the approval of the City Engineer.
The design shall allow for a future 24-foot-wide drive between the pond
and the wetlands to the northeast. The developer shall be responsible
for getting all off-site ponding and drainage easements. The drive
requirement may not apply if the City changes the zoning map for the
land to the north of the Cottages project to R-1.
6.There shall be no outdoor storage of recreational vehicles, boats or trailers.
7.Residents shall not park trailers and vehicles that they do not need for day-
to-day transportation on site. If the City determines there are excess
parking spaces available on site, then the City may allow the parking of
these on site.
8.If the City Council determines there is not enough on-site parking after 95
percent occupancy, the City may require additional parking.
9.The property manager shall keep the emergency access drive plowed of snow so
emergency vehicles can pass over the drive.
lO.The developer shall provide at least one on-site storm shelter in the
development. This shelter, or any shelter, shall be subject to the
approval of the Director of Emergency Preparedness and shall have a
minimum of three square feet per person for 80% of the planned
population.
11.The City Council ordering the construction of a new sanitary sewer to serve
this property.
12.The City Council shall review this permit one year from the date of approval,
based on the procedures in City Code.
13.If the proposed Cottages of Maplewood West project has not been initiated,
apparent financing secured or substantial construction started before
12-20-92, the Council shall review the land use plan designation and a
public hearing called for that purpose with the intent to examine other
designations appropriate at that time.
14.The CDRB shall review a revised site plan for a project of 94 to 106 units
which provides for the following:
a.There shall be no road on the abutting westerly property line.
b.There may be two (2) access points to the Cottages of Maplewood West
project.
c.There shall be berming and planting on the westerly property line to
provide screening and buffering for the residential properties
pursuant to City Code.
d.The CDRB shall report back to the Council on the quality of the exterior
materials.
20 12-30-91
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays -Councilmember Juker
d.Sanitary Sewer Feasibility Study
1.Councilmember Zappa introduced the followinp Resolution and moved its
adoption:
91 - 12 - 172
APPROVING FEASIBILITY STUDY
WHEREAS, it is proposed to replace the trunk sanitary sewer from VanDyke at
Kohlman to Kennard at Beam and to assess the benefited property for all
or a portion of the cost of the improvement, pursuant to Minnesota
Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
That the proposed improvement be referred to the City Engineer for study and
that he is instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should best be made as
proposed or in connection with some other improvement, and the estimated
cost of the improvement as recommended.
Furthermore, funds in the amount of $20,000 from the sanitary sewer fund are
appropriated to prepare this feasibility report.
Seconded by Councilmember Juker Ayes -all
e.Tax-Exempt Financing
1.Councilmember Juker introduced the followinp resolution and moved its
adoption:
91 - 12 - 173
RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM
FOR A MULTIFAMILY RENTAL HOUSING DEVELOPMENT PROJECT,
GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE ISSUANCE OF HOUSING REVENUE BONDS,
PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C,
AND APPROVING A HOUSING PLAN AND PROGRAM (THE COTTAGES OF MAPLEWOOD WEST PROJECT)
a.Minnesota Statutes, Chapter 462C (the "Act") confers upon cities the power to
issue revenue bonds to finance a program for the purposes of planning,
administering, making or purchasing loans with respect to one or more
multifamily housing developments within the boundaries of the City;
b.The City of Maplewood, Minnesota (the "City") has received from The Cottages of
Maplewood West Limited Partnership (the "Developer") a proposal that the
City undertake a program to finance a Project hereinafter described,
through the issuance of revenue bonds or obligations (in one or more
series) (the "Bonds") pursuant to the Act;
c.The City desires to facilitate the development of rental housing within the
community; encourage the development of affordable housing opportunities
21 12-30-91
for residents of the City' encourage the development of housing
facilities designed for occupancy by elderly persons; and encourage the
development of blighted or underutilized land and structures within the
boundaries of the City' and the Project will assist the City in
achieving these objectives;
d.The Developer is currently engaged in the business of real estate development.
The Project to be financed by the Bonds is the acquisition, construction
and equipping of an approximately 97,500 square foot multifamily rental
housing development of approximately 106 rental units all designed for
elderly housing located in the vicinity of Gervais Avenue, west of White
Bear Avenue in the City of Maplewood, Minnesota, and consists of the
construction and equipping of buildings thereon which will result in the
provision of additional rental housing opportunities to persons within
the community;
e.The City has been advised by representatives of the Developer that conventional,
commercial financing to pay the capital costs 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 the Developer has also advised the City that
with the aid of municipal financing, and resulting low borrowing cost,
the Project is economically more feasible;
f.A public hearing on the Project was held on December 23, 1991, after notice was
published and materials made available for public inspection at the City
Hall, all as required by Minnesota Statutes, Section 469.154,
Subdivision 4, of the Act, at which public hearing all those appearing
who desired to speak were heard and written comments were accepted; and
g.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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1.The Council hereby finds that no information presented at the hearing has caused
it to reject the Project.
2.The City hereby gives preliminary approval to the proposal of the Developer that
the City undertake the Project, described above, and the program of
financing therefor, pursuant to Minnesota Statutes, Chapter 462C,
consisting of the acquisition and construction of multifamily rental
housing facilities within the City pursuant to the Developer's
specifications and to a revenue agreement between the City and the
Developer on 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 and interest on the Bonds in
the total principal amount of approximately $5,200,000 to be issued
pursuant to the Act to finance the acquisition and construction of the
Project; and said agreement may also provide for the entire interest of
the Developer therein to be mortgaged to the purchasers of the Bonds, or
a trustee for the holder(s) of the Bonds; and the City, acting by and
through the City, hereby undertakes preliminarily to issue its bonds in
accordance with such terms and conditions.
3.At the option of the City, the financing may be structured so as to take
advantage of whatever means are available and are permitted by law to
enhance the security for, or marketability of, the Bonds; provided that
22 12-30-91
any such financing structure must be consented to by the Developer.
4.On the basis of information available to the City it appears, and the City hereby
finds, that the Project constitutes a multifamily housing development
within the meaning of subdivision 5 of Section 46X.02 of the Act; that
the availability of the financing under the Act and the willingness of
the City to furnish such financing will be a substantial inducement to
the Developer to undertake the Project, and that the effect of the
Project, if undertaken, will be to encourage the provision of additional
multifamily senior rental housing opportunities to residents of the
City, and to promote more intensive development and use of land within
the City.
S.The Project and the program to finance the Project by the issuance of revenue
bonds, is hereby given preliminary approval by the City subject to the
approval of the Metropolitan Council and the Minnesota Housing Finance
Agency ("MHFA") and subject to final approval by the City, the Developer
and the purchasers of the Bonds as to ultimate details of the financing
of the project.
6.The housing program for financing the project prepared in accordance with the
provisions of Minnesota Statutes, Section 46X .03 is hereby approved.
The City Clerk is authorized to submit the application to MHFA for its
approval.
7.The Developer 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 MHFA, will be paid by the Developer.
8.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,
Developer and purchasers of the Bonds (or trustee for the purchasers of
the Bonds) as to the maturities, interest rates and other terms and
provisions of the Bonds and as to the covenants and other provisions of
the necessary documents and submit such documents to the City for final
approval.
9.Nothing in this Resolution or the documents prepared 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 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
Bonds shall never have the right to compel any exercise of the taxing
power of the City to pay the outstanding principal on the Bonds or the
interest thereon, or to enforce payment thereon against any property of
the City, except such property as may be expressly pledged for the
security of the Bonds. The Bonds shall recite in substance that Bonds,
including the interest thereon, are payable solely from the revenue and
proceeds pledged to the payment thereof. The Bonds shall not constitute
a debt of the City within the meaning of any constitutional or statutory
limitation.
lO.In anticipation of the approval by MHFA and the issuance of the 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, the Developer is hereby
authorized to make such expenditures and advances toward payment of that
23 12-30-91
portion of the costs of the Project to be financed from the proceeds of the
Bonds, as the Developer considers necessary, including the use of interim,
short-term financing, subject to reimbursement from the proceeds of the
Bonds, if any, when delivered but otherwise without liability on the part of
the City.
11.The actions of City Staff in causing the notice of public hearing to be published
in the Maplewood Review are hereby ratified, confirmed and adopted.
12.The Developer shall enter into various agreements with the City which shall
impose the following restrictions on the Developer and the Project:
a.Construction must begin by December 23, 1992. The City Council may grant
a time extension if just cause is shown;
b.Contracts entered into with contractors doing work on the Project shall
provide that:
(1)The contractor shall not discriminate in the hiring or firing of
employees on the basis of race, color, creed, religion,
national origin, sex, marital status, status with regard to
public assistance, disability or age.
(2)The contractor shall compensate employees with wages and financial
remuneration as provided under the United States Code,
Section 276A, as amended through June 23, 1986, and under
Minnesota Statutes 1985, Sections 177.41-177.44.
(3)The contractor shall be required to employ Minnesota residents in at
least 80% of the jobs created by the project; and at least
60% of the group shall be residents of the seven-county
metropolitan area. Resident status under both of the above
categories shall be determined as of the date of this
resolution. However, if the contractor can show that these
quotas are not feasible because of a shortage of qualified
personnel in specific skills, the contractor may request the
City Council for a release from the two residency
requirements. The requirements shall continue for the
duration of the construction project.
(4)The contractor shall be an active participant in a State of Minnesota
apprentice program, approved by the Department of Labor and
Industry.
(5)All provisions of these tax-exempt finance requirements shall apply to
all subcontractors working on the Project.
c.A written opinion, with supporting justification from a qualified expert
acceptable to the City, shall be submitted with the application
requesting tax exempt mortgage financing to document that:
(1)The Project will not adversely increase the vacancy rates of rental
multiple dwellings in the City that are existing or have
received preliminary City approval over the metropolitan
average.
(2)There is reasonable assurance that the Project will be able to comply
with the federal, county and City low-to-moderate income
requirements over the life of the bond issue.
24 12-30-91
d.The bond indenture for the Bonds shall require:
(1)The Developer to periodically certify to the City and trustee, compliance
with the federal low-to-moderate income requirement. The
frequency of certification shall be determined on a case-by-
case basis.
(2)The trustee is to inform the City of noncompliance trends with federal
low-to-moderate income requirements.
e.As a condition of approving the Project, a lump-sum fee at Bond closing or an
annual fee over the life of the Bond will be required. The City
reserves the right to choose the fee option that will be the most
beneficial to the City. This choice will be made when the final
resolution for the Project and the Bonds is adopted. Factors to be
taken into account will include, but not be limited to:
(1)The size of the Bond issue.
(2)Unbudgeted City funding needs at the time of the request.
(3)The number of requests.
(4)Federal arbitrage considerations.
f.The formula for each fee option is as follows:
(1)Annual fee:
(a)Full bond maturity: An annual fee payable on each anniversary of the
Bond issue of not less than one-eighth of one percent of
the unpaid balance and one-quarter of one percent of the
Bond issue shall be paid at Bond closing, subject to
federal arbitrage restrictions.
(b)Prepayment of Bonds: The same as the full Bond maturity requirement,
except if all of the outstanding Bonds are prepaid
prior to final Bond maturity, the developer shall
pay, at the time of such prepayment, a lump-sum fee
equal to the present value of the remaining annual
fee payments, from the date of prepayment to final
Bond maturity, subject to federal arbitrage
restrictions.
(2)Lump-sum fee: At Bond closing, a lump-sum fee shall be paid that is
equivalent to the present value of the annual fee option.
The present value must be determined by a qualified expert,
acceptable to the City.
g.At least 20% of the units shall have households with an adjusted gross income
of 50% or less of the metropolitan median income or at least 40% of
the units shall have households with an adjusted gross income of 60%
of the median income.
h.At least 75% of the units shall have households that have an adjusted gross
income of not more than 110 percent of the metropolitan median
income.
i.At least 50% of the units shall be affordable to households which have
adjusted gross incomes of no more than 80% of the metropolitan
25 12-30-91
median income.
Seconded by Councilmember Rossbach Ayes -Councilmembers Carlson, ]uker,
Rossbach, Zappa
Nays -Mayor Bastian
f.Tax-Increment Financing
1.Councilmember ]uker introduced the followinp Resolution and moved its
adoption:
91 - 12 - 174
RESOLUTION APPROVING THE MODIFICATION OF THE DEVELOPMENT PROGRAM
RELATING TO DEVELOPMENT DISTRICT N0. 1,
AND ESTABLISHING HOUSING DISTRICT N0. 1-4
AND THE TAX INCREMENT FINANCING PLAN RELATING THERETO
WHEREAS:
A. The City of Maplewood (the "City") has heretofore created Development
District No. 1;
B. The Cottages of Maplewood West Limited Partnership is proposing that the
City change the development program for Development District No. 1 and establish
Housing District No. 1-4 within Development District No. 1 and adopt a Tax
Increment Financing Plan with respect thereto under the provisions of Minnesota
Statutes, Sections 469.124 to 469.134 and 469.174 to 469.179 (collectively the
"Act");
C. The City Council has investigated the facts and has caused to be prepared a
revised Development Program for Development District No. 1 and a proposed Tax
Increment Financing Plan for Housing District No. 1-4; and
D. The City has performed all actions the law requires to be performed before
the creation of Housing District No. 1-4 and the adoption of the proposed
revision of the Development Program and the adoption of the Tax Increment
Financing Plan relating thereto, including, but not limited to, notification of
Ramsey County, Independent School District No. 622 and Special Intermediate
School District No. 916 having taxing jurisdiction over the property to be
included in Housing District No. 1-4, and the holding of a public hearing after
publishing and mailing notice as required by law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood
as follows:
1.Development Propram. The City Council adopts the revised Development Program
for Development District No. 1, a copy of which is on file in the office
of the City Clerk, as the Development Program for Development District
No. 1.
2.Housinp District No. 1-4. The City Council approves the establishment in the
City of Housing District No. 1-4 within Development District No. 1. The
initial boundaries of Housing District No. 1-4 are fixed and determined as
described in the Tax Increment Financing Plan.
3.Tax Increment Financinp Plan. The City Council adopts the Tax Increment
Financing Plan as the tax increment financing plan for Housing District No.
1-4 and the City Council makes the following findings:
26 12-30-91
(a)Housing District No. 1-4 is a housing district as defined in Minnesota
Statutes, Section 469.174, subd. 11, the specific basis for such
determination being that the multifamily rental housing development to
be undertaken by The Cottages of Maplewood West Limited Partnership
consists of a project, or a portion of a project, intended for
occupancy, in part, by persons or families of low and moderate income.
Low and moderate income is as defined in chapter 462A, Title II of the
National Housing Act of 1934, the National Housing Act of 1959, the
United States Housing Act of 1937, as amended, Title V of the Housing
Act of 1949, as amended, any other similar present or future federal,
state, or municipal legislation, or the regulations promulgated under
any of those acts.
(b)The proposed redevelopment, in the opinion of the City Council, would not
occur solely through private investment within the reasonably
foreseeable future and therefore the City Council deems the use of tax
increment financing necessary.
The reasons supporting this finding are that:
The Cottages of Maplewood West Limited Partnership has represented to the City that
they would not undertake the project in Maplewood without the City's use of
tax increment financing. Private investment will not finance these
development activities because of prohibitive costs. It is necessary to
finance these development activities with tax increment financing so other
development by private enterprise will occur within Development District No.
1.
(c)The Tax Increment Financing Plan for Housing District No. 1-4 conforms to
the City of Maplewood's general plan for development or redevelopment.
The reasons supporting this finding are that:
(i)Housing District No. 1-4 is properly zoned; and
(ii) The Tax Increment Financing Plan will generally compliment and serve to
implement policies adopted in the City's comprehensive plan.
(d)The Tax Increment Financing Plan will allow maximum opportunity,
consistent with the sound needs of the City of Maplewood as a whole, for
the development or redevelopment of Development District No. 1 by
private enterprise.
The reasons supporting this finding are that:
The development activities are necessary so that development and redevelopment by
private enterprise can occur within Development District No. 1.
4.Public Purpose. The revised Development Program for Development District No.
1, and the adoption of the Tax Increment Financing Plan for Housing District
No. 1-4 conforms in all respects to the requirements of the Act and will
help fulfill a need to develop an area of the City which is already built up
to provide employment opportunities to improve the tax base, and to improve
the general economy of the State and thereby serves a public purpose.
S.Certification. The City Council requests that the Ramsey County Auditor
certify the original net tax capacity of Housing District No. 1-4, as
described in the Tax Increment Financing Plan, and certify in each year
thereafter the amount by which the original net tax capacity has increased
27 12-30-91
or decreased according to the Act. The City Council also authorizes and
directs the City Clerk to promptly send this request to the County Auditor
in such form and content as the Auditor may specify, together with a list of
all properties within Housing District No. 1-4 for which the City has issued
building permits during the 18 months immediately preceding the adoption of
this Resolution.
6.Filinp. The City Council further authorizes and directs the City Clerk to
file a copy of the Development Program and Tax Increment Financing Plan for
Housing District No. 1-4 with the Commissioner of Revenue.
7.Administration. The City Council assigns the administration of Development
District No. 1 to the City Clerk who shall from time to time be granted such
powers and duties pursuant to Minnesota Statutes, Sections 469.130 and
469.131 as the City Council may think appropriate.
Seconded by Councilmember ZappaAyes -Councilmembers ]uker, Rossbach, Zappa
Nays -Mayor Bastian, Councilmember
]uker
Mayor Bastian moved to suspend the Rules of Procedure to amend the Apenda to hear
8 and ]-6 at this time.
Seconded by Councilmember ]uker Ayes -all
NEW BUSINESS
8.Hartman Homes
a.City Manager McGuire presented the staff report.
b.Mayor Bastian asked if anyone wished to speak before the Council on this
matter. The following appeared:
Dave Evanson, Hartman Homes
Mr. Brick, Probe Engineering, representing the developer - stated the developer will
maintain that roadway
c.Councilmember ]uker moved to table this item and refer back to staff for
further information and a recommendation.
Seconded by Councilmember Zappa Ayes -Councilmembers Carlson, ]uker,
Zappa
Nays -Mayor Bastian, Councilmember
Rossbach
6.1991 Donation to Dispute Resolution Center
a.Mr. ]im Levin, Executive Director, addressed the Council
b.Mayor Bastian moved to approve a contribution of $1,000 to the Dispute
Resolution Center, with the funds to be transferred from the Continpency
Fund. This is to be the last donation until other alternatives are
found.
Motion died for lack of a second.
c.Councilmember Carlson moved a contribution of $500.00, to be transferred from
28 12-30-91
the Contingency Fund.
I. UNFINISHED BUSINESS
4.Park Availability Charge
a.Manager McGuire presented the staff report.
b.Councilmember Carlson moved approval of the staff recommendation that the
Commercial and Industrial Park Availability Charge be continued at 7%.
Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmembers
Carlson, ]uker, Rossbach
Nays -Councilmember Zappa
S.Proposed Community Center Project
a.Manager McGuire presented the staff report.
b.Mayor Bastian moved authorizing staff to proceed with Step 1, Step 2 and Step
3, maintaining separate cost factors for each undecided facility, and, after
Step 3, meet with the Advisory Committee for review.
Seconded by Ayes -Mayor Bastian, Councilmembers
Carlson, ]uker, Rossbach
Nays -Councilmember Zappa
NEW BUSINESS
1.Municipal State Aid - Off-System Resolution
a.Manager McGuire presented the staff report.
b.Mayor Bastian introduced the following Resolution and moved its adoption:
91 - 12 - 175
MUNICIPAL STATE AID - TH 36, CSAH 25 AND CSAH 64
WHEREAS, it has been deemed advisable and necessary for the City of
Maplewood to participate in the cost of a construction project located
on TH 36, CSAH 25 and CSAH 64 within the limits of said municipality,
and
WHEREAS, said construction project has been approved by the Commissioner of
Transportation and identified in his records as SAP 138-010-04 and 138-
020-12.
NOW, THEREFORE, BE IT RESOLVED: That we do hereby appropriate from our
municipal state aid street funds the sum of $450,000 to apply toward the
construction of said project and request the Commissioner of
Transportation to approve this authorization.
Seconded by Councilmember Zappa Ayes -all
c.Mayor Bastian introduced the following Resolution and moved its adoption:
29 12-30-91
91 - 12 - 176
MUNICIPAL STATE AID - TH 61 AND CSAH 25
WHEREAS, it has been deemed advisable and necessary for the City of
Maplewood to participate in the cost of a construction project located
on TH 61 and CSAH 25 within the limits of said municipality, and
WHEREAS, said construction project has been approved by the Commissioner of
Transportation and identified in his records as SAP 138-010-06 and 138-
020-15.
NOW, THEREFORE, BE IT RESOLVED: That we do hereby appropriate from our
municipal state aid street funds the sum of $350,000 to apply toward the
construction of said project and request the Commissioner of
Transportation to approve this authorization.
Seconded by Councilmember Zappa Ayes -all
2.Approval of 1992 On-Sale Intoxicating Liquor License
a.Manager McGuire presented the staff report.
b.Councilmember Zappa introduced the followinp Resolution and moved its adoption:
91 - 12 - 177
APPROVAL OF 1992 ON-SALE LIQUOR LICENSES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA,
that the following On-Sale Liquor Licenses, having been previously duly issued
by this Council, are hereby approved for renewal for one year, effective January
1, 1992, with approval granted herein subject to satisfactory results of
required Police, Fire and health Inspections:
Applebee's Garrity's
2112 Maplewood Mall 1696 White Bear Avenue
3001 White Bear Avenue
Bali Hai Restaurant, Inc. Gulden's
2305 White Bear Avenue 2999 N. Highway 61
Beau's Food & Spirits Keller Lake Lounge
2289 E. Minnehaha 2280 Maplewood Drive
Chi Chi's Keller Clubhouse
3069 White Bear Avenue 2166 Maplewood Drive
Chili's Restaurants Maplewood Bowl
Southlawn & Beam 1955 English Street
Chalet Lounge The Olive Garden
1820 Rice Street 1749 Beam Avenue
30 12-30-91
Champps M. T. Pockets & Co., Inc.
1734 Adolphus 780 East County Road B
Ciatti's Italian Restaurant Red Lobster Restaurant #283
1900 E. County Road D 2925 White Bear Avenue
Days Inn-St. Paul/Maplewood Red Rooster Liquor Lounge
1730 E. County Road D 2029 Woodlynn
Deans, Inc. D. G. Burgers Corp
1986 Rice Street 2441 Highway 61
Club On-Sale Liquor License:
North Maplewood Lions Club Loyal Order of Moose 963
1310 Frost Avenue 1946 English Street
Seconded by Bastian Ayes - all
3.Approval of 1992 Off-Sale Intoxicating Liquor License
a.Manager McGuire presented the staff report.
b.Councilmember Zappa introduced the following Resolution and moved its
adoption:
91 - 12 - 178
APPROVAL OF 1992 OFF-SALE LIQUOR LICENSES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA,
that the following Off-Sale Liquor Licenses, having been previously duly issued
by this Council, are hereby approved for renewal for one year, effective January
1, 1992, with approvals granted herein subject to satisfactory results of
required Police, Fire and health inspections:
Laber's Liquors Red Wagon Liquors
1730 Rice Street 2290 Maplewood Drive
Maplewood Wine Cellar Sarrack's International Wine &
Spirits
1281 Frost Avenue 2305 Stillwater Road
Party Time Liquor
1835 E. Larpenteur Ave.
Seconded by Mayor Bastian Ayes - all
4.Code Change: Parking Lot Striping (1st Reading)
a.Manager McGuire presented the staff report.
b.Councilmember Zappa moved first reading of a change in the ordinance governing
31 12-30-91
parking lot striping.
Seconded by Mayor Bastian Ayes -all
S.Ramsey County Local Government Services Study Commission Report
a.Manager McGuire presented the staff report.
b.Councilmember Zappa moved to include the Ramsey County Local Government
Services Study Commission Report in the Council/Manager meeting of January
6, 1992.
Seconded by Councilmember Juker Ayes -Mayor Bastian, Councilmembers
Juker, Rossbach, Zappa
Nays -Councilmember Carlson
7.1992 Lease With Suburban Community Channels
a.Manager McGuire presented the staff report.
b.Councilmember Zappa moved to approve the 1992 lease with Suburban Community
Channels.
Seconded by Councilmember Rossbach Ayes -all
K. VISITOR PRESENTATIONS
L. COUNCIL PRESENTATIONS
NONE
M. ADMINISTRATIVE PRESENTATIONS
1.1992 Council Pay Freeze
a.Councilmember Zappa moved to place this item on the next Agenda, January 13, 1992.
Seconded by Councilmember Rossbach Ayes -Councilmembers Rossbach,
Zappa
Nays -Mayor Bastian, Councilmembers
Carlson, Juker
2.Hiring Freeze
a.Councilmember Zappa moved to place this item on the January 13, 1992 Agenda.
Motion died for lack of a second.
3.Temporary Roads
a.Councilmember Rossbach moved to have staff review what is classified as a
temporary road and discuss on January 13, 1992.
Seconded by Councilmember Carlson Ayes -all
32 12-30-91
4.Mayor's Update
a.Mayor Bastian reported that L. Dornfeld has asked the City to designate a
representative to the Technical Advisory Committee of the Valley Branch
Watershed District.
b.Upcoming meetings:
1.Roseville Area Forum - January 30, 1992
2.Mayor Scheibel's State of the City Address - January 8, 1992
3.Mayors of Area - January 23, 1992
4.Maplewood HRA - January 15, 1992
S.Riverwood Conference - January 30 & 31, 1992
N. ADJOURNMENT OF MEETING
Meeting adjourned at 8:55 p.m.
Lucille E. Aurelius
City Clerk
33 12-30-91