HomeMy WebLinkAbout08-26-91 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 26, 1991
Council Chambers, Municipal Building
Meeting No. 91-16
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 7:01 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. APPROVAL OF MINUTES
Meeting No. 9I-15 (August 12, 1991)
Councilmember Zappa moved to aaorove the minutes of Meeting No 91-15 (August 12.
1991) as amended:
Add to F-6. Conditional Use Permit Review: Sloan Place (St. Paul Business
Center East:
"after directing their representative to write a letter to the.
Center's garbage hauler directing the hauler to abide by the City's
code for trash haulers regarding hours of operation. A copy of this
letter is to be submitted to the City Manager and will become apart
of the City's official Conditional Use Permit file."
Seconded by Councilmember Carlson Ayes - all
EA. PRESENTATIONS
1. Ramsey/Washington Counties Suburban Cable Commission Appointment
Mayor Bastian moved to table this item until after all the Councilmembers
- have had an ooaortunity to interview the candidates.
Seconded by Councilmember Zappa Ayes - all
2. Mayor Bastian moved to susaend the Rules of Procedure to discuss the Citv Wide
Watermain and Miscellaneous Imorovements aroiect with the representative of Brown
& Cris who had been invited to attend the meeting.
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Seconded by Councilmember Carlson Ayes - all
a. Gary Larson, Brown & Cris, presented information regarding delays and progress
on the City Wide Watermain and Miscellaneous Improvements, Project 90-07, and
their expected progress and completion schedule.
b. Council expressed their sincere hope the job would be finished soon without
further delays.
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as amended•
M-1. Council/Manager Meeting
M-2. Hazelwood Fire Station Water Damage
Seconded by Councilmember Carlson Ayes - all
F. CONSENT AGENDA
Councilmember Zappa moved. seconded by Councilmember Rossbach• aves - all to approve the
consent agenda items F-1 through F-5 as recommended The applicant for Item F 6 was
asked to come forward to speak to the Council
1. Approval gf Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 669,428.87 Checks #22766 - #22825
Dated 8-1-91 thru 8-13-91
$ 281.468.40 Checks #14460 - #14621
Dated 8-26-91
$ 950,897.27 Total per attached voucher/check
register
PAYROLL: $ 260,875.95 Payroll Checks dated 8-9-91 (retro pay)
and 8-16-91
$ 38.030.98 Payroll Deductions
$ 298,906.93 Total Payroll
$1.249.804.20 GRAND TOTAL
2. Amendment of Payment Schedule - 1980 Commercial Development Revenue Note
Approved the following Resolution amending the payment schedule of the 1980
Commercial Development Revenue Notes issued for the Metro Self Storage
Project:
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Resolution 91-08-104
AMENDING PAYMENT SCHEDULE
1980 COMMERCIAL DEVELOPMENT REVENUE NOTE
WHEREAS,
A. On October 15, 1980, the City of Maplewood (the "City") issued its
$950,000 Commercial Development Revenue Note of 1980 (Metro Self Storage
Project) (the "Note") pursuant to the terms of a Note Resolution adopted
by the City on October 2, 1980 (the "Note Resolution"); and
B. The Note was purchased by Midway National Bank of Saint Paul (the
"Lender") and is still held by the Lender; and
C. In connection with the issuance of the Note, the City and FED
Investments, a Minnesota general partnership ("FED") entered into a load
agreement dated October 15, 1980 (the "Loan Agreement") pursuant to
which the City loaned to FED the proceeds received by the City from the
sale of the Note to finance the acquisition of land at 1195 East Highway
36, and the construction thereon of an approximately 60,000 square foot
concrete block self storage facility (the "Project") and required that
the Borrower pay directly to the Lender sums sufficient to repay the
Note according to its terms; and
D. The interest of the City in the Loan Agreement has been assigned to the
Lender pursuant to an Assignment of Loan Agreement and Consent also
dated October 15, 1980; and
E. In December, 1984, the Project was sold by FED to Rosewood Investment
Fund, a Minnesota Limited Partnership which then assumed FED's
obligations under the Loan Agreement and other documents executed in
connection with the issuance of the Note; and
F. In February, 1990, FED resumed control of the Project, and, together
with the Lender, asked the City to approve an amendment to the Note to
. provide for payments to be made under the Note on the basis of a 30 year
amortization schedule, with a final payment due on November 1, 1992; and
G. The City approved the amendment of the Note in that manner on February
12, 1990 and an amendment to the Note and Loan Agreement were executed
as of that date; and
H. FED and the Lender have now asked the City to modify the Note once
again to eliminate the November 1, 1992 final payment date, and to
require monthly payments in the amount of $7,450.62 through October 1,
- 2002, at which time all outstanding principal and accrued interest would
be due; and
I. In the opinion of Briggs and Morgan, Professional Association, bond
counsel to the City, the proposed modification of the Note requires the
participation of the City.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota as follows:
1. The findings and representations contained in the Note Resolution
adopted by the City on October 2, 1980 authorizing the Note, and the
resolution adopted February 12, 1990 authorizing the First Amendment to
the Note, are hereby ratified, reaffirmed and remain in full force and
effect with respect to the Note, provided that all references to the
Note in the Note Resolution shall be deemed to refer to the Note as
amended by this resolution.
2. The Mayor and City Clerk of the City are hereby authorized to execute an
amendment to the Note in substantially the form attached hereto as
Exhibit A, with such modifications or omissions as may be approved by
Briggs and Morgan, Professional Association, as bond counsel, or the
city attorney for the City of Maplewood, and any other documents
(including, but not limited to, an Amendment to the Loan Agreement in
substantially the form attached hereto as Exhibit B) which, in the
' opinion of Briggs and Morgan, Professional Association, as bond counsel,
are necessary to allow bond counsel to render its reasoned opinion that
the Note, as amended by this Resolution, continues to bear interest
which is exempt from federal income taxation.
3. 1990-1991 HRA Annual Report
Accepted the Housing and Redevelopment Authority Annual Report (March 1990-
February 1991).
4. Conditional Use Permit Termination: 2083 Arcade Street
Approved the following Resolution:
91-08-105
CONDITIONAL USE PERMIT TERMINATION
- WHEREAS, the Maplewood City Council granted a conditional use permit on
June 1, 1972 fora beauty parlor home occupation at Lot 2, Block 4, Little's
2nd Addition.
This property is also known as 2083 Arcade Street.
WHEREAS, the Maplewood City Council passed a resolution on August 22,
1983 renewing this conditional use permit.
WHEREAS, this home occupation is no longer in effect.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby
terminates the above-described conditional use permit since the use is no
longer in effect.
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5o Budget Transfer: Pipkorn Property
_ Approved a budget transfer of $1,830 from the contingency account to Account
101-704-4480 (Fees for Service) to cover the cost of cleaning up the
property north of 2055 White Bear Avenue, with the costs to be later
assessed to the property owner's taxes.
6. Applebee's: Change of Manager
a. Councilmember Zappa requested Terry Kearney, the new manager of
Applebee's, to introduce himself to the Council.
b. Councilmember Zappa discussed with Mr. Kearney the responsibilities of
holding a liquor license.
c. Councilmember Zappa moved aooroval of an intoxicating liquor license for
Terrv M. Kearnev at Aoolebee's Neighborhood Grill & Bar 3001 White Bear
Avenue.
Seconded by Mayor Bastian Ayes - all
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:25 P.M.): White Bear Avenue-Larpenteur to Frost Project 89-12
a. Mayor Bastian convened the meeting for a public hearing regarding
Proposed Project 89-12.
b. Manager McGuire presented the staff report.
c, Director of Public Works Haider presented the specifics of the report.
d. Ramsey County Commissioner Hal Norgard introduced himself and stated
that he and Ramsey County Design Engineer Dave Rholl were both available
to answer questions during the public hearing.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Rebecca Meyer, representing her mother, who lives at 1909 White Bear Ave.
Ron Yost, 1913 White Bear Avenue
Paul Holt, 1895 White Bear Avenue
Ken Carver, 1733 White Bear Avenue
Delores Kaufman, 1717 White Bear Avenue
Mary Stern, on behalf of her mother, Ursula, of 1759 White Bear Avenue
David Johnson, 1743 White Bear Avenue
Cindy Sweeney, 1865 White Bear Avenue
Joe Peterson, 1871 White Bear Avenue
Terry Sweeney, 1865 White Bear Avenue
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Dave Rholl, Ramsey County Design Engineer
Jim Carr, 1779 White Bear Avenue
Pete Battori, 1789 White Bear Avenue
Dave Arndt, representing Mrs. Rosalie Arndt, 1783 White Bear Avenue
f. Mayor Bastian closed the public hearing.
g. Councilmember Zappa moved to accept staff recommendation and proceed with the
pro.i ect .
Motion died for lack of second.
h. Mayor Bastian moved to table this item until the September 23 meeting with
direction to staff to bring back new financing information and information
regarding PCA guidelines regarding the acidic conditions in the storm sewer
Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
Mayor Bastian moved to suspend the Rules of Procedure and go to Visitor Presentations
Seconded by Councilmember Juker Ayes - all
K. VISITOR PRESENTATIONS
1. a. Mayor Bastian invited Kevin Berglund to come before the Council.
b. Mayor Bastian asked Mr. Berglund to contact the County Attorney if he
had any information supporting certain statements relating to the City
Council.
2. N. E.S.T.
a. Pat Svendsen, 1132 Ripley, commended the Council for requesting a review of
N. E.S.T.
b. G. G. Ellingwood, Senior Citizen Representative for School District 622
_ Community Education, 1945 Manton, asked for continuing support from the
City so that service would not be limited.
G. PUBLIG HEARINGS (Continued
2. 7:45 P.M. (9:25 P.M.): Zoning Map Changes: 2080 McMenemy Street (Wegleitners)
a. Mayor Bastian convened the meeting for a public hearing regarding
proposed Zoning Map Changes to allow a double dwelling at 2080 McMenemy
Street.
b. Manager McGuire presented the staff report.
c. Community Development Director Olson presented the specifics of the report.
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d. Commissioner Brian Sinn presented the Planning Commission Report.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
John Wegleitner, 367 Belmont Lane, spoke in support of his request.
Chuck Ellingson, 2114 McMenemy
Thomas Oakerson, 2095 McMenemy
Jane Hofineister, 358 E. Belmont Lane
Bob Bieniek, 390 E. Belmont Lane
Randy Cernohous, 2090 McMenemy
Mary Fels, 355 Eldridge
The daughter of the residents at 2071 McMenemy
Fran Hofineister, 358 E. Belmont Lane
Gary Legvold, 374 E. Belmont Lane
Bill Hafner, 356 Eldridge Avenue East
f. Mayor Bastian closed the public hearing.
_ g. Councilmember Zappa moved to deny the request based on the testimony of area
residents and the following reasons:
1. There is more than an occasional double dwelling in this area
already.
2. There are also two undeveloped lots in this area already zoned
for double dwellings.
3. The multiple dwellings surrounding this neighborhood exceed the
City's maximum density.
4. The double dwelling would not be consistent with the Council's
policy of locating doubles on the periphery of single-dwelling
neighborhoods.
Seconded by Councilmember Rossbach Ayes - all
10:25 P.M.:
Councilmember Juker moved, ayes - all. to take a 5 minute recess
Council reconvened at 10:30 P.M.
Mayor Bastian moved to suspend the Rules of Procedure to handle Agenda Items for
which interested parties were oresent,(I-2 I-4 J-2 J-4 J-5 J-6 J-7) with the
following items to be moved to a continued meeting on Thursday August 29 1991 at
4.30 P.M.:
I. UNFINISHED BUSINESS
1. 1992 Budget: Schedule Public Hearing
3. Code Change: Single and Double Dwellings (2nd Reading - 4 Votes)
J. NEW BUSINESS
1. Afton Heights Park
3. Temporary Sign Request: 3000 White Bear Avenue (Kondziolka)
8. Park Planning Process
9. Tree Plantings in Parks
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10. Clean Up Day
11. Authorization to Purchase Pearson Property
L. COUNCIL PRESENTATIONS
M. ADMINISTRATIVE PRESENTATIONS
Seconded by Councilmember Carlson Ayes - all
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
2. Recycling Charge Billing
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report
c. Councilmember Zappa moved the Citv take responsibility of the recvclino charge
and bill the residents through the prooram that we currently have on the sewer
billtnos. The actual Quarterly rate for 1992 should be set by the Citv Council
~n December. At that time more current cost information will be available and
the Council will have decided what kind of educational proiects or activities the
current fund balance will finance.
d. Councilmember Rossbach stated he would second the motion and moved the sewer`'
- billinos include a statement identifvinQ the purpose of the charge
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
4. Burr/DeSoto Driveway
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report
c. Councilmember Zappa moved the Citv grant the easement to the residents of 1778
1771, and 1773 Burr Street to construct a roadway that a hold harmless aoreement
be executed between those residents and the City and that the Citv contribute
up to $3.000 toward the construction of the roadway on City rioht-of way with the
funds being transferred from the Contrnaencv Account
Seconded by Councilmember Rossbach Ayes - all
d. Mrs. Grenz, 1771 Burr, thanked the Council for their consideration and assistance
in resolving this matter.
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J. NEW BUSINESS
2. Code Change: Telephone Book Recycling (1st Reading)
a. Manager McGuire presented the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was heard:
Jan Hendry, representing U. S. West
c. Councilmember Zappa moved this item be tabled indefinitely
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
4, Request for Temporary Signs: 2223 White Bear Avenue (Norring)
a. Manager McGuire presented the staff report.
b. Community Development Director 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:
James R. Norring, Minnesota Service Businessrand Consumer Protection Agency, lnc.
d. Councilmember Zappa moved to table .this item until the second
meeting in Seotember. at which time more information will be
available regarding the status of Mr Norring's business
Seconded by Mayor Bastian Ayes - all
5e Sign Plan Revision: 2515 White Bear Avenue (Mapleridge Center)
as Manager McGuire presented. the staff report.
b. Community Development Director Olson 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:
Tim Keane, Hoffman, Daley & Lindgren, representing the Center
Dean Varner, Assistant Vice President, Griffin-Dain Property Management
Bruce Thompson, 1648 Brooks, Community Design Review Board
d. Councilmember Zappa moved to table until the second meeting in September with
the owner to go back to the Community Design Review Board with information on a
larger sign band.
g 8-26-g1
Seconded by Councilmember Rossbach Ayes - Councilmembers Rossbach, Zappa
Nays - Mayor Bastian, Councilmembers
Carlson, Juker
e. Councilmember Carlson moved to denv the reouest for a lion plan revision
Seconded by Councilmember Juker Ayes - Councilmembers Carlson, Juker,
Zappa
Nays - Mayor Bastian, Councilmember
Rossbach
6. Burlington Northern Corridor Trait Plan
a. Manager McGuire presented the staff report.
b. .Commissioner Sinn presented the Planning Commission report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was heard:
Larry Holmberg, Ramsey County Parks & Recreation
d. Councilmember Zappa moved to recommend the followino to Ramsev County for their
trail plan:
I. If new bridges are constructed over the intersections for LRT,
they should be designed to include the trail.
2. The trail plan should assume there will be a planned east-west
road, north of Beam Avenue. If LRT is built, there should be a-
bridge over this road.
3. Consider the construction of interchange ramps in the planning
for a bridge over Highway 36.
4. Show Harvest Park on the two smaller-scaled maps.
5. On page 15, show the correct date for the reconstruction of the
bridge over County Road C.
6. Consider whether a fence is needed. If it is going to be built,
shown the same fence height on the maps and text. Provide a
break in the fence or a pedestrian overpass for people to get to
Gladstone or Harvest Parks.
Seconded by Mayor Bastian Ayes - all
7. Reimbursement Request: Mr. Quan Le
a. Manager McGuire presented the staff report.
IG 8-26-91
b. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was heard:
Mr. Quan Le, 1826 Radatz Avenue
c. Council requested a legal opinion of the City Attorney.
d. City Attorney Kelly stated the City has no liability in this matter and
that it would not be legal to reimburse Mr. Le for the work which was
done.
e. Mayor Bastian moved to table this item indefinitely.
Seconded by Councilmember Zappa Ayes - all
N. ADJOURNMENT OF MEETING
The meeting adjourned at 12:10 P.M. to be reconvened at 4:30 P.M. Thursday, August
29, 1991 at 4:30 P.M.
MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.M., Thursday, August 29, 1991
Continuation from Monday, August 26, 1991
Council Chambers, Municipal Building
Meeting No. 91-16
A. CALL TO ORDER ~
The regular meeting of the City Council of Maplewood, Minnesota was reconvened at 4:30
P.M. in the Council Chambers, Municipal Building and was called to order by Mayor
Bastian.
C. ROLL CALL
Gary W. Bastian, Mayor Present
Dale H. Carlson, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Absent
Joseph A. Zappa, Councilmember Present
Councilmember Zappa moved the Council send condolences to the Dreqer family
Seconded by Mayor Bastian Ayes - all
UNFINISHED BUSINESS
1. 1992 Budget: Schedule Public Hearing
11 8-26-91
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to adopt the evening(s) of December 2 and/or December
5 at 7:00 P.M. to hear the 1992 Proposed Budget.
Seconded by Councilmember Carlson Ayes - all
3. Code Change: Single and Double Dwellings (2nd Reading - 4 Votes)
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to table this item until the September 9. 1991 meeting.
Seconded by Councilmember Juker Ayes - all
J. NEW BUSINESS
1. Afton Heights Park
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Odegard presented the specifics of the report.
c. Councilmember Zappa moved that a letter be forwarded to all persons listed in the
staff report asking for their support and to table further action on the signs
until staff can compile costs of the proiect.
Seconded by Mayor Bastian Ayes - all
3. Temporary Sign Request: 3000 White Bear Avenue (Kondziolka)
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to deny the request to install a temporarv sign at the
Plaza 3000 for The Thomasville Gallerv/Suburbia Furniture store because•
1. This store has a permanent sign on -the north wall.
2. This sign has already been up longer this year than Code allows,
without a sign permit.
Seconded by Councilmember Juker Ayes - all
8. Park Planning Process
a. Manager McGuire presented the staff report.
12 8-29-91
b. Director of Parks & Recreation Odegard presented the specifics of the report.
c. Commissioner Jeanne Ewald presented the Parks & Recreation Commission report.
d. Councilmember Zappa moved to adopt the Park Planning Process as presented by the
Parks & Recreation Commission with the amendment to keen the Council informed
Seconded by Councilmember Carlson Ayes - all
9. Tree Plantings in Parks
a. Manager McGuire presented the staff report..
b. Director of Parks & Recreation Odegard presented the specifics of the report.
c. Councilmember Zappa moved to approve the tree planting program and encourage the
Parks & Recreation Commission to seek other methods of implementing the program
Seconded by Mayor Bastian Ayes - all
10. Clean Up Day
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the report.
c. Councilmember Zappa moved to hold a clean-up day without a drop-off site and to
encourage residents and businesses through promotional and educational programs
to clean up their properties, with $2,000 for promotional materials and publicity
to be spent from the recycling education fund.
Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker,
Zappa
Nays - Mayor Bastian
_ 11. Authorization to Purchase Pearson Property
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report
c. Councilmember Zappa moved to authorize the Mayor and Citv Manager to enter into
a purchase agreement with Mr. Richard Pearson for the purchase of the 7 42 acre
parcel located on White Bear Avenue south of County Road B and north of 2050
White Bear Avenue for a price of $435,000.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Zappa
Nays - Councilmember Juker
13 B-29-9I
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
1. N.E.S.T.
a. Councilmember Zappa stated he wished to have a decision regarding the
funding of N.E.S.T.
b. Councilmember Zappa moved to not continue funding N.E.S.T. for 1992.
Seconded by Councilmember Juker Ayes - Councilmember Juker, Zappa
Nays - Mayor Bastian, Councilmember
Carlson
Motion failed
_ c. Pat Svendsen, Member of Senior Citizen Committee, requested the Council
fund N.E.S.T. for 1992 and investigate what can be done to increase
ridership.
d. Carolyn Peterson, 1999 Jackson, spoke in support of the N.E.S.T.
Program. She further stated she could not find a telephone number for
N.E.S.T. in any Maplewood publication.
e. Councilmember Zappa stated that since his motion failed, support for
N.E.S.T. would be continued through 1992.
M. ADMINISTRATIVE PRESENTATIONS
1. Council/Manager Meeting
a. Councilmember Zappa moved to set September 10 1991 5.30 o m to 7.00
p.m., as the date for Council/Manager Meetiny_
Seconded by Mayor Bastian Ayes - all
2. Hazelwood Fire Department Water Damage
a. Manager McGuire stated extensive water damage occurred last Friday at
the Hazelwood Fire Station, to the electrical system for radios, in the
false ceiling and behind walls. As of today the roof is completed.
14 8-29-91
Mayor Bastian moved to suspend the Rules of Procedure to discuss Item I-4
Burr/DeSoto Driveway for clarification.
Seconded by Councilmember Zappa Ayes - all
a. Councilmember Zappa stated his motion was to spend up to $3,000 on City-
owned property - that portion of the corner to give access from Burr to
the driveway.
N. ADJOURNMENT OF MEETING
6:10 P.M.
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