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HomeMy WebLinkAbout05-13-91 MINUTES OF MAPLEWOOD CITY COUNCIL MEETING 7:00 P.M., Monday, May 13, 1991 Council Chambers, Municipal Building Meeting No. 91-09 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 Bastian. B. PLEDGE OF ALLEGIANCE C. -ROLL CALL Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROYAL OF MINUTES Meeting of April 15, 1991 (Council/Manager) Councilmember Zappa moved to approve the minutes of the April 15. 1991. Council/Manager Meeting as presented. Seconded by Mayor Bastian Ayes - all Meeting No. 91-08 (April 22, 1991) Councilmember Zappa moved to approve the minutes of Meeting No. 91-08 (April 22. 1991) as presented. Seconded by Councilmember Carlson Ayes - all E. APPROVAL OF AGENDA Mayor Bastian moved to approve the Agenda as amended: 1. County Road B 2. Moratorium on Building Permits due to Levy Limits Seconded by Councilmember Zappa Ayes - all 1 5-13-91 F. CONSENT AGENDA Councilmember Zappa moved. seconded by Mavor Bastian: aver - all. to approve the consent agenda items 1 thru 5 as recommended: 1. Approval of Claims - Approved the following claims: ACCOUNTS PAYABLE: $ 329,862.41 Checks #12206 - #12284 Dated 04-11-91 thru 04-30-91 182.805.87 Checks #12915 - #13703 Dated 05-13-91 $ 512,668.28 Total per attached voucher/check register PAYROLL: $ 186,635.53 Payroll Checks dated 04-26-91 $ 37.323.57 Payroll Deductions dated 04-26-91 $ 223,959.10 Total Payroll $ 736,627.38 GRAND TOTAL 2. Ambulance Bill - Application for Cancellation - Authorized cancellation of $49 in paramedic ambulance service charges for Michael Blazer, 3. Preliminary Plat Time Extension and Revisions: Kohlman Lake Overlook 2nd Addition Approved a Preliminary Plat Time Extension for Kohlman Lake Overlook 2nd Addition, with revision of the original conditions "j", "m", and "n" as follows: (Conditions "a" through "i", "k", and "1" remain unchanged, "o" is eliminated.) j. Submit final grading, utility, drainage, erosion control and street plans, along with the corresponding easements, to the City Engineer for approval. These plans shall include, but not be limited to, the following items: (I) Providing temporary on-site storm water ponding as directed by the City Engineer, until the storm sewer system is working and accepted by the City. (2) The grading of the drainage and utility easement between proposed Lots 6 and 7, Block Four, to accommodate maintenance trucks. (3) The final grading plan shall include a proposed building pad elevation and contour information for each lot. It shall also show all basement floors at an elevation of 864.6 feet or greater. The developer may vary the approved building pad elevations if the changes are consistent with the approved plan. The grading plan shall also include contour information for all areas that the construction will disturb. The City Engineer may approve deviations from the approved final grading plan, provided the changes follow the intent of the overall final grading plan. 2 5-13-91 (4) The developer shall locate the sanitary sewer deep enough to accommodate as much of the property to the north as possible. (5) The erosion control plan shall be consistent with the Ramsey Soil and Water conservation District Erosion and Sediment Control handbook. (6) Construction traffic shall travel to County Road D. (7) Beam Avenue shall be 36 feet wide, with a sidewalk along the east and north sides. m. Rename proposed "Lydia Court" to "Lydia Avenue". n. Complete a signed developer's agreement, with required surety, for all required public improvements, ponds, and erosion control. This agreement shall include, but not be limited to: (1) the upgrading of the dike as necessary. (2) the construction of a berm on the Var's property (1140 Beam Avenue). 4, Workhouse Sanitary Sewer - Project 89-08: Accept Project Accepted the Workhouse Sanitary Sewer Project (89-08) as complete and authorized final payment of $3,855.84 to the contractor. 5. Lydia Avenue, White Bear Avenue to 1/4 Mile East - No Parking Restrictions Approved the following resolution requesting restriction of parking along Lydia Avenue: Resolution 91 - 05 - 58 RESOLUTION REQUESTING RAMSEY COUNTY TO RESTRICT PARKING ALONG A PORTION OF LYDIA AVENUE WHEREAS, the County has planned to improvement of Lydia Avenue (CSAH 19) from White Bear Avenue to .25 miles east; and WHEREAS, the County will be expending County State Aid Highway funds (S.A.P. 62-619-16) on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum standards as previously adopted for such County State Aid streets and that approval of the proposed construction as a County State Aid street project must, therefore, be conditioned upon certain parking restrictions; and WHEREAS, the extent of these restrictions, that would be a necessary prerequisite to the approval of this construction as a County State Aid project in the City, has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City requests the County to restrict the parking of motor vehicles on both sides of Lydia Avenue from White Bear Avenue to 300 feet east of White Bear Avenue. 3 5-13-91 G. PUBLIC HEARINGS 1. 7:00 P.M.(7:05 P.M.), Dahlen, 1837 No. McKnight Rd. - Kennel License a. Mayor Bastian convened the meeting for a public hearing regarding . b. Manager McGuire presented the staff report. c. Director of Public Safety Collins presented the specifics of the report. d. The applicant, Nancy Dahlen, spoke on behalf of her request. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following was heard: A letter from Mrs. Frances Torgerson, 1825 McKnight Road, expressing her concern regarding lower property evaluation if license if approved. f. Mayor Bastian closed the public hearing. g. Councilmember Zappa moved to denv the request. Motion died for lack of a second. h. Councilmember Carlson moved to grant the kennel license to Nancy Dahlen. 1837 No. McKnight. sub.iect to the following condition: 1. 3 dogs for one year basis Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmemberr' Carlson, Juker, Rossbach Nays - Councilmember Zappa 2. 7:15 P.M.(7:30 P.M.), Utility Easement Vacation: Carlton Racquetball Club a. Mayor Bastian convened the meeting for a public hearing regarding . b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: Otto Bonestroo, the applicant, spoke on behalf of his request. f. Mayor Bastian closed the public hearing. 4 5-13-91 g. Councilmember Rossbach introduced the following Resolution and moved its adoption: 91 - 05 - 58A VACATION RESOLUTION WHEREAS, Otto Bonestroo of Carlton Racquetball Club, Inc. applied for the vacation of the following described utility easement: Original easement: Said easements be described as: The South fifteen (15) feet of Parcel No. 05001, Section 36, Township 29, Range 22, Ramsey County, Minnesota: together with that portion of the Parcel lying West of a line which is parallel to and 110.1 feet West of the East line of said Parcel. Said East property line being the East line of the East one-half (1/2) of the West one-half (1/2) of the East three- fourths (3/4) of the Northwest one-fourth (1/4) of the Northeast one-fourth (1/4) of Section 36, Township 29, Range 22, Ramsey County, Minnesota. Vacated oortion of easement shall be described as: That portion of the aforementioned easement lying North of a line which is parallel to and 2.5 feet North of the South line of said easement; West of aline which is parallel to and 83.0 feet West of East Line of said easement; and East of aline which is parallel to and 106.0 feet West of East line of said easement. Said East line of easement being the East line of the East one-half (1/2) of the West one-half (1/2) of the East three fourths (3/4) of the Northwest one-fourth (1/4) of the Northeast one-fourth (1/4) of Section 36, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the history of this vacation is as follows: la A majority of the property owners abutting this easement signed a petition in favor of this vacation; 2. The Planning Commission discussed this vacation on April 15, 1991. They recommended that the City Council approve this vacation. 3. The City Council held a public hearing on May 13, 1991. City staff published a notice in the Maplewood Review and sent notices to the abutting 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 nd recommendations from the City staff and Planning Commission. WHEREAS, after the vacation is approved, public interest in the property will accrue to the following abutting property: The North portion of Lot 1, Block 2, Carlton Park Addition (PIN 36- 29-22-12-0017). 5 5-13-91 NOW, THEREFORE, BE IT RESOLVED that the City Council approves the above- described vacation for the following reasons: 1. It is in the public interest. 2. The City will not need this part of the easement. 3M will move the existing water main to the south. Seconded by Councilmember Carlson Ayes - all 3. 7:25 P.M.(7:50 P.M.), Beebe Road, North of Larpenteur Ave: (Autumnwood Villas) Land Use Plan (4 Votes) Conditional Use Permit for a P.U.D. Preliminary Plat a. Mayor Bastian convened the meeting for a public hearing regarding . b. Manager McGuire presented .the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Todd Stutz, representing The Rottlund Company, Inc. Stan Yocum, Georgetown Commons, owner of the property. (Both spoke on behalf of the request) Bob Fretz, 2180 Ripley Ave. Alvin Scheid, 1759 Howard Street Gerry Hanson, 1783 Howard Street George Sauro, 466 Baytown, part owner of the property Lorraine Fischer, 1812 Furness Marie Robinson, Community Design Review Board f. Mayor Bastian closed the public hearing. g. Councilmember Rossbach moved to denv the Comorehensive Land Use Plan chance. Seconded by Councilmember Zappa Ayes - all h. Councilmember Rossbach moved to table the request for approval of the Conditional Use Permit for a P.U.D. and Preliminary Plat until the 1st meeting in August (August 12, 1991). Seconded by Councilmember Carlson Ayes - all H. AWARD OF BIDS None I. UNFINISHED BUSINESS 1. City Wide Water Main Extensions and Miscellaneous Improvements - Project 90-07; Award of Bid and Review of Assessment Appeals 6 5-13-91 a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report c. Councilmember Zappa moved to accent the staff recommendations presented with regard to the assessment appeals, as follows: 2512-2514 Woodlynn Deny - there are two separate addresses on this parcel 2573 Lydia Deny - improvement of property value can be sustained. 2587 Lydia Reduce to single water, sewer, and storm sewer units. Potential split is problematic. 01-29-22-12-0029 Reduce from $14,000 to $7,000 3036 Bellaire Deny - runoff drains to proposed storm sewer. 2370 Gall Reduce to single water and storm sewer unit. Potential split would be difficult to justify. 01-29-22-22-0019 Reduce from $7,000 to $3,875. 2360 Gall Deny - lot split would be financially sound. Two units justified. 2324 Gall Deny - lot can be practically split. Two units justified. 2811 White Bear Delete water main and service assessment. Retain commercial rate for storm sewer assessment. 02-29-22-31-0021 Reduce from $8,827.85 $3,049.00. 2812 Southlawn Deny - runoff will drain to proposed storm sewer. 1941 Arcade Delete assessment. Property adequately served by existing 6-inch diameter pipe. 17-29-22-14-0078 Reduce from $2,625 to 0 1931 Arcade Deny - two separate parcels are illicitly served by same service. Separate services must be provided. 1937 Gervais Deny - no germane basis presented. 1967 Castle Deny - no germane basis presented. 7 5-13-91 West side of Donna Senty Drive Reclassify as residential. Assess on unit basis for every two platted 40' lots instead of $35/FF commercial rate. 15-29-22-23-0023 Reduce from $6,895 to 0 15-29-22-23-0024 Reduce from 1,400 to $1,312.50 15-29-22-23-0025 Reduce from 1,400 to 1,312.50 15-29-22-23-0026 Reduce from 3,100 to 1,312.50 15-29-22-23-0027 Reduce from 1,400 to 1,312.50 15-29-22-23-0028 Reduce from 1,400 to 1,312.50 15-29-22-23-0029 Reduce from 1,400 to 1,312.50 15-29-22-23-0030 Reduce from 1,400 to 1,312.50 15-29-22-23-0031 Reduce from 5,900 to 1,312.50 1050 Frost Deny - sufficient suitable land is available for additional three lots. 1740 East Shore Drive Deny - storm water drainage is tributary to proposed storm sewer. 49 E. Larpenteur Deny - existing 2-inch common service is insufficient to provide fire protection. 1695 Abel Deny - use of existing 2-inch common service is substandard. 1683 Abel Deny - use of existing 2-inch common service is substandard. 2311 Minnehaha Deny - objection to unit assessment ba property owners of less than 75 feet is - not consistent. 2315 Minnehaha Deny - no valid basis apparent. 1235 Dorland Deny - improvement to property value can be sustained. 2353 Carver Deny - property is in fact suitable to be split. 2514 Keller Deny - it is valid to assess prior to start of actual work. The total amount of the reductions is $32,323.85. (From $56,747.85 to $24,424.00) 1896 Phalen Place Deny cancellation as no specific reason Delores and William Johnston is given or apparent. 16-29-22-42-0006 Senior citizen deferment is approved. 1857 Phalen Place Deny cancellation of assessment as no Sidney Fulcher specific reason is given or apparent 16-29-22-42-0042 ($3,875.00) Senior citizen deferment is approved. rr; 8 5-13-91 -2230 Van Dyke Street Deny cancellation of assessment as no June Ryan specific reason is given or apparent. 11-29-22-33-0030 Senior citizen deferment is approved Seconded by Councilmember Carlson Ayes - all d. Councilmember Zappa introduced the following Resolution and moved its adootion• 91-05-59 RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Brown and Cris, Inc. in the amount of $3,572,123.99 is the lowest responsible bid for the construction of City-Wide Water Main Extensions and Miscellaneous Improvements, City Project 90-07, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. _ FURTHERMORE, the project budget is amended to $4,402,100.00, and the project financing is amended as follows: Special Assessments $1,511,354.40 Hydrant Fund 354,500.00 Sanitary Sewer Fund 247,700.00 Sanitary Sewer Operations 70,000.00 (Fund 601, 1991 Budget Capital Expenditure) General Obligation 2.218.545.60 $4,402,100.00 Seconded by Councilmember Carlson Ayes - all 2. Open Space Report a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Odegard presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Terry Spawn, 2360 Timber Trail Bill Poppert, 2433 Highwood Char Brooker, 2172 Woodlynn d. Councilmember Zappa moved to continue this matter to the 2nd meeting of June, to proceed with the Open Space Open Forum on June 1st. Seconded by Councilmember Carlson Ayes - all e. Mayor Bastian requested area residents to become interested in serving on the Open Space Committee and attend the Open Forum on June 1. 9 5-13-91 Councilmember Zappa moved to suspend the Rules of Procedure to revert to Item G-3. Seconded by Mayor Bastian Ayes - all G. PUBLIC HEARINGS: (continued) 3. Continued: Beebe Road, North of Larpenteur Ave. (Autumnwood Villas) _ a. Mayor Bastian moved to reconsider the vote whereby Council tabled the Conditional Use Permit for P.U.D. Seconded by Councilmember Zappa Ayes - all b. City Attorney Kelly explained the legal procedures and stated the developers had agreed to extend the 120 day expiration date on applications. c. Stan Yocum, owner of Autumnwood Property, stated the 120-day platting application period be extended to allow submission of a revised plan. Mr. Yocum stated he represented and was speaking for all parties concerned in this matter. d. Mayor Bastian moved to accept the platting aaolication extension and to table until developer Dives two-week notice to staff to present. Seconded by Councilmember Juker Ayes - all I. UNFINISHED BUSINESS (Continued): 3, Code Change: Sideyard Setbacks (2nd Reading - 4 Votes) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report c. Councilmember Juker introduced the following Ordinance and moved its adoption: ORDINANCE 687 AN ORDINANCE AMENDING THE SIDE YARD SETBACK REQUIREMENTS FOR SINGLE AND DOUBLE DWELLINGS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 36-51 in the F (farm residence) district is changed to read as follows: Sec. 36-51. Permitted uses. The only uses permitted in a F, Farm Residence District are: (1) Any uses permitted in the R-1 Residence District subject to its regulations. (2) Commercial farming or gardening, including the use or storage of associated equipment. 10 5-13-91 (3) Commercial greenhouses or nurseries. (4) Stands for the sale of agricultural products produced on the premises. Section 2. Section 36-71 in the R-1 residence district (single dwelling) is changed to read as follows: Sec. 36-71. Side yards. _ Each lot shall have a side yard of at least ten feet on any habitable side of a dwelling and at least five feet on the garage side or for a detached accessory building. There shall be a side yard of at least ten feet where there is a habitable and garage side on the same end of the building, such as a tuck-under garage. The following exceptions shall apply: (1) The side yard on the street side of a corner lot shall have a width of at least thirty (30) feet. Except that, if the majority of the dwellings on the same street and within three hundred and fifty (350) feet of the lot to be built on have a predominant setback from that street that is different from thirty (30) feet, than all buildings or additions on that lot shall conform to that predominant setback as a minimum. The City Council may approve a conditional use permit to construct a building addition, or part thereof, into a minimum setback. (2) A church or a school shall have a side yard of not less than fifty (50) feet on each side adjoining other property or thirty (30) feet from a public right-of-way. (3) When two (2) or more adjoining lots are used as a single building site, the side yard requirements shall apply only to the outside lot lines. (Code 1965, § 904.050; Ord. No. 487, § 904.050, 6-5-8-; Ord. No. 576, § 1, i-14-85) Section 3. Section 36-90 in the R-2 district is changed to read as follows: Sec. 36-90. Side Yards. Each lot shall have a side yard of at least ten feet on any habitable side of a dwelling and at least five feet on the garage side or for a detached accessory building. There shall be a side yard setback of at least ten feet where there is a habitable and garage side on the-same end of the building, such as a tuck-under garage. The following exceptions shall aPP1Y~ (1) The side yard on the street side of a corner lot shall have a width of at least thirty (30) feet. Except that, if .the majority of the dwellings on the same street and within three hundred and fifty (350) feet of the lot to be built on have a predominant setback that is different from thirty (30) feet, then all buildings or additions on that lot shall conform to that predominant setback as a minimum. The City Council may approve a conditional use permit to construct a building addition, or part thereof, into a minimum setback. 11 5-13-91 (2) A church or school shall have aside yard of not less than fifty (50) feet on each side adjoining other property or thirty (30) feet from a public right-of-way. (3) When two (2) or more adjoining lots are used as a single building site, the side yard requirements shall apply only to the outside lot lines. Section 3. This ordinance shall take effect upon its passage and _ publication. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers - Juker, Rossbach, Zappa Nays - Councilmember Carlson 4. Mining Ordinance (Reconsideration) a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to reconsider the Council's approval of the mining ordinance and place the item on the next agenda. Seconded by Councilmember Zappa Ayes - all 5. Conditional Use Permits for Commercial Zoning Districts a, Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report c. Councilmember Rossbach moved to table the discussion on Conditional Use Permits for Commercial Zoning Districts. Seconded by Councilmember Zappa Ayes - all 6. Zoning Map Changer N.E. Corner of Radatz and White Bear Avenues (4 Votes) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Mary Magnuson, 1985 Radatz d. Councilmember Zappa introduced the following resolution and moved its adoption: 91 - 05 - 60 REZONING RESOLUTION WHEREAS, Charles Smith applied for a change in the zoning map from LBC (limited business commercial) to BC(M) (business commercial modified), 12 5-13-91 WHEREAS, this rezoning applies to the northeast corner of Radatz Avenue and White Bear Avenue. The legal description is: SUBJ TO WHITE BEAR AVE. AND EX N 520 FT AND EX E 455 FT PART OF SW 1/4 OF CL OF SD AVE AND N OF RADATZ AVE IN SECTION 2, TOWN 29, RANGE 22 WHEREAS, the history of this rezoning is as follows: 1. The Planning Commission reviewed this rezoning on February 4, 1991. They recommended that the City Council approve the change in zoning. 2. The City Council held a public hearing on February 25, 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 a change in the zoning map for the west 110.5 feet of the above-described property from LBC to BC(M). Approval is 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. Seconded by Councilmember Rossbach Ayes - all e. Councilmember Zappa moved to request staff report on a .ioint study with Ramsey County for traffic improvements on White Bear Avenue between County Road C and Beam Avenue. This study should include alternatives and a recommendation on what improvements to make and how to finance them. Seconded by Councilmember Rossbach Ayes - all J. NEW BUSINESS 1. Transfer for Tax Increment Administrative Costs a. Manager McGuire presented the staff report. 13 5-13-91 b. Director of Finance Faust presented the specifics of the report c. Councilmember Rossbach introduced the following Resolution and moved its adootion• 91-05-61 RESOLUTION APPROVING THE AMENDMENTS TO TAX INCREMENT FINANCING PLANS FOR. ECONOMIC DEVELOPMENT DISTRICT N0. 1-1, HOUSING DISTRICT N0. 1-1, HOUSING DISTRICT N0. 1-2, ECONOMIC DEVELOPMENT DISTRICT N0. 1-2, HOUSING DISTRICT N0. 1-3 AND ECONOMIC DEVELOPMENT DISTRICT NO. 1-3, WITHIN DEVELOPMENT DISTRICT N0. 1 BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood, Minnesota (the "City") as follows: Section 1. Recitals 1.01. It has been proposed the City amend Tax Increment Financing Plans for Economic Development District No. 1-1, Housing District No. 1-1, Housing District No. 1-2, Economic Development District No. 1-2, Housing District No. 1-3 and Economic Development District No. 1-3, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, as amended, and Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended. 1.02. The Council has investigated the facts and has caused to be prepared amendments to the Tax Increment Financing Plans for Economic Development District No. 1-1, Housing District No. 1-1, Housing District 1- 2, Economic Development District No. 1-2, Housing District No. 1-3 and Economic Development District No. 1-3, defining more precisely project costs - to be incurred within Development District No. 1. 1.03. A public hearing is not required by law prior to the adoption of the amendments to the Tax Increment Financing Plans because the City is not increasing the total estimated tax increment expenditures. Section 2, Amendments to Tax Increment Financing Plans for Economic Development District No. 1-1. Housing District No. 1-1, Housing District No. 1-2, Economic Development District No. 1-2, Housing District No. 1-3 and Economic Development District No. 1-3. 2.01 The Council hereby adopts the amendments to the Tax Increment Financing Plans for Economic Development District No. 1-1, Housing District No. 1-1, Housing District No. 1-2, Economic Development District No. 1-2, Housing District No. 1-3 and Economic Development District No. 1-3. The City is not modifying the boundaries of Development District No. 1 nor the boundaries of Economic Development District No. 1-1, Housing District No. 1- 1, Housing District No. 1-2, Economic Development District No. 1-2, Housing District No. 1-3 and Economic Development District No. 1-3 nor is it increasing the total estimated tax increment expenditures. Section 2. Findings for the Amendments to Tax Increment Financin Pq_ lans for Economic Development District No. 1-1. Housing District No. 1-1. Housing District No. 1-2, Economic Development District No. 1-2. Housing District No. 1-3 and Economic Development District No. 1-3. 14 5-13-91 3.01 Economic Development District No. 101, Economic Development District No. 1-2 and Economic Development District No. 1-3, when established, were established as economic development districts within .the meaning of Minnesota Statutes Section 469.174, Subdivision 12. The City reaffirms the findings previously made with respect to the establishment of Economic Development District No. 1-1, Economic Development District No. 1-2 - and Economic Development District No. 1-3. 3.02 Housing District No. 1-1, Housing District No. 1-2 and Housing District No. 1-3, when established, were established as housing districts within the meaning of Minnesota Statutes, Section 469.174, Subdivision 11. The City reaffirms the findings previously made with respect to the establishment of Housing District No. 1-1, Housing District No. 1-2 and Housing District No. 1-3. 3.03 The Council reaffirms the findings, reasons and supporting facts previously made that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. 3.04 The Council reaffirms the findings, reasons and supporting facts _ previously made that the Tax Increment Financing Plans for Economic Development District No. 1-1, Housing District No. 1-1, Housing District 1- 2, Economic Development District No. 1-2, Housing District No. 1-3 and Economic Development District No. 1-3 conform to the general plan for the development or redevelopment of the City as a whole. 3.05 The Council reaffirms the findings, reasons and supporting facts previously made that the Tax Increment Financing Plans for Economic Development District No. 1-1, Housing District No. 1-1, Housing District 1- 2, Economic Development District No. 1-2, Housing District No. 1-3 and Economic Development District No. 1-3 will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of Development District No. 1 by private enterprise. Section 4. Approval. of the Amendments to Tax Increment Financing Plans. 4.01 The amendments to the Tax Increment Financing Plans. for Economic Development District No. 1-1, Housing District No. 1-1, Housing District No. 1-2, Economic Development District No. 1-2, Housing District No. 1-3 and Economic Development District No. 1-3 are hereby approved and adopted. 4.02 The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the amendments to the Tax Increment Financing Plans and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Seconded by Councilmember Zappa Ayes - all 2. Parkside Fire Department Contract a. Manager McGuire presented the staff report. 15 5-13-91 b. Councilmember Zappa moved to deny the reguest to reimburse the Parkside fire Department for the computer hardware and software. Seconded by Councilmember Juker Ayes - Councilmembers Carlson, Juker, Zappa Nays - Mayor Bastian, Councilmember Rossbach Motion Passed 3 - 2 c. Councilmember Zappa moved to follow legal counsel's advise to investigate the legality of the contract if the 2% reduction can be made in .1991 or wait until 1992. Motion died for lack of a second. d. Councilmember Juker moved to table for legal opinion. Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian 3. Approval of Agreement - Project 90-10: McKnight/Highwood Outlet a. Manager McGuire presented the staff report. b. Councilmember Bastian moved to enter into an agreement with Ramsev County and proceed with the oro.iect. Seconded by Councilmember Zappa Ayes - all 4. Grading and Erosion Control Ordinances (1st Reading) a. Manager McGuire presented the staff report. b. Councilmember Zappa. moved first reading of the Grading and Erosion Control Ordinance and to request staff to number the sections in the proposal. Seconded by Councilmember Carlson Ayes - all 5. Conway Avenue Resurfacing a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report c. Councilmember Zappa introduced the following resolution and moved its approval. 91-05-62 WHEREAS, after due consideration on the construction of bituminous overlay and miscellaneous maintenance on Conway Avenue from McKnight Road to Century Avenue, City Project 91-03, the Council has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA., as follows: 16 5-13-91 1. That it is advisable, expedient and necessary that the City of Maplewood construct bituminous overlay and miscellaneous maintenance on Conway Avenue from McKnight Road to Century Avenue, City Project 91-03, as described in the agenda report thereof, and orders the same to be made. _ 2. The City Engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The project budget is established at $25,600. The project financing shall be as follows: Fully funded by Municipal State Aid Seconded by Councilmember Carlson Ayes - all c. Councilmember Zappa moved to enter into an agreement with Short. Elliott. Hendrickson. Inc. for engineering services to resurface Conwav Ave. through the 3M Center. Seconded by Councilmember Carlson Ayes - all 6. M. T. Pockets Inc. and T-Birds Request a. Manager McGuire presented the staff report. bo Director of Public Safety Collins presented the specifics of the report Mayor Bastian moved to suspend the Rules of Procedure to extend the meeting oast the deadline. Seconded by Councilmember Zappa Ayes - all c. Greg Tulgren and Jim Tulgren spoke on behalf of their request. d. Mayor Bastian moved staff prepare an ordinance which will include alternatives 1 and 2 of the staff report, restricting sales and consumption of alcoholic beverages outside of a licenses establishment: and requiring any patio to be reviewed by the Community Design Review Board. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa 7. 1800 E. County Road B - Rental a. Manager McGuire presented the staff report. b. Mayor Bastian moved to follow staff recommendation and give the current tenants of 1800 E. County Road B a 30-day notice to vacate the premises. following which staff will evaluate the building to determine whether it should be demolished. renovated for public use or sold to be moved. Seconded by Councilmember Zappa Ayes - all 17 5-13-91 8. Approval to Advertise for Bid - Siren System a. Manager McGuire presented the staff report. b. Mayor Bastian moved to aparove the specifications and authorize staff to advertise for bids to uagrade the outdoor warning siren system in 1991. Seconded by Councilmember Zappa Ayes - all 9. Establish Dates for future Meetings a. Manager McGuire presented the staff report. b. Councilmember Zappa moved meeting dated be set as follows: Mav 20. 1991. 4:30 P.M.. Council/Manager _ June 17. 1991. 6:30 P.M.. Council/Park & Recreation Commission June 18. 1991. 6:30 P.M.. Council/.Planning Commission Seconded by Mayor Bastian Ayes - all c. Mayor Bastian moved the second Council Meeting of Mav (Mav 27. 1991) be moved to Tuesday. Mav 28. 1991 because of the Memorial Dav holiday. Seconded by Councilmember Zappa Ayes - all Council noted that Sister Claire Lynch, member of the Human Relations Commission, will celebrate her 75th Jubilee on June 23, 1991. K. VISITOR PRESENTATIONS 1. Albert Grenz, 1771 Burr, commended the Council for displaying the flag and having the Pledge of Allegiance. a. Mr. Grenz explained difficulty in getting access to his property. His neighbor wishes to build a road and close the access. b. Councilmember Zappa moved Mr. Grenz be referred to Director of Public Works Haider for investigation. Seconded by Councilmember Rossbach Ayes - all c. Roger Sjolander, resident of 1773 Burr, also spoke regarding access problems. 2. Omar Olson, 1695 Abel, asked to discuss the decision regarding the CWWMMI Project 90-07 assessment. Thomas Stebner, 1683 Abel, questioned Council decision regarding CWWMMI Project 90-07 assessment. a. Mayor Bastian moved that this item be brought back before the Council. Seconded by Councilmember Zappa Ayes - all b. Council discussed Mr. Olson's and Mr. Stebner's concerns but no change was made - to the assessment. 18 5-13-91 8. Approval to Advertise for Bid - Siren System a. Manager McGuire presented the staff report.. b. Mayor Bastian moved to approve the specifications and authorize staff to advertise for bids to upgrade the outdoor warning siren system in 1991. Seconded by Councilmember Zappa Ayes - all 9. Establish Dates for Future Meetings a. Manager McGuire presented the staff report. b. Councilmember Zappa moved meeting dated be set as follows: Mav 20. 1991. 4:30 P.M.. Council/Manager June 17. 1991. 6:30 P.M.. Council/Park & Recreation Commission June 18. 1991. 6:30 P.M.. Council/Planning Commission Seconded by Mayor Bastian Ayes - all c. Mayor Bastian moved the second Council Meeting of Mav (Mav 27 1991) be moved to Tuesday. Mav 28. 1991 because of the Memorial Dav holiday. Seconded by Councilmember Zappa Ayes - all Council noted that Sister Claire Lynch, member of the Human Relations Commission, will celebrate her 75th Jubilee on June 23, 1991. '`K. VISITOR PRESENTATIONS 1. Albert Grenz, 1771 Burr, commended the Council for displaying the flag and having the Pledge of Allegiance. a. Mr. Grenz explained difficulty in getting access to his property. His neighbor wishes to build a road and close the access. b. Councilmember Zappa moved Mr. Grenz be referred to Director of Public Works Haider for investigation. Seconded by Councilmember Rossbach Ayes - all c. Roger Sjolander, resident of 1773 Burr, also spoke regarding access problems. 2. Omar Olson, 1695 Abel, asked to discuss the decision regarding the CWWMMI Project 90-07 assessment. Thomas Stebner, 1683 Abel, questioned Council decision regarding CWWMMI Project 90-07 assessment. a. Mayor Bastian moved that this item be brought back before the Council Seconded by Councilmember Zappa Ayes - all b. Council discussed Mr. Olson's and Mr. Stebner's concerns but no change was made to the assessment. 18 5-13-91 3. Thomas Sandquist, 635 No. Ferndale, commented on Item G-2: 3M has already started a brick wall on the property that was to be vacated tonight. Stated tins, sewer castings, etc. have been dumped on residents property. 4. Darlene Jones,-2360 Gall Avenue, asked why her lot was treated differently than her neighbors as to the CWWMMI Project 90-07 assessment. a. Council made no change to the assessment. L. COUNCIL PRESENTATIONS 1. County Road B a. Councilmember Juker reported there is still .standing water on County Road B. b. Staff will prepare a report. M. ADMINISTRATIVE PRESENTATIONS 1. Moratorium on Building Permits Due to Levy Limits a. City Manager McGuire presented the staff report. b. Mayor Bastian moved to direct staff to proceed with research on possibility of a moratorium on the issuance of all building permits for new buildings. Seconded by Councilmember Juker Ayes - all N. ADJOURNMENT OF MEETING 11:25 p.m. Lucille E. Aurelius City Clerk 19 5-13-91