HomeMy WebLinkAbout05-08-1995 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, May 8, 1995
Council Chambers, Municipal Building
Meeting No. 95-09
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
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present.
George F. Rossbach. Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 95-07, (April 10, 1995)
Councilmember Rossbach moved to approve the minutes of Meetin4 No. 95-07
April 10. 1995) as presented.
Seconded by Councilmember Allenspach Ayes - all
2. Minutes of Meeting 95-08, (April 24, 1995)
Councilmember Allenspach moved to approve the minutes of Meetin4 No. 95.08
April 24. 1995) as presented.
Seconded by Councilmember Koppen Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Actenda as amended:
L-1 Charitable Gambling
L-2 Ramsey County Park System
L-3 Bennington Woods
L-4 Mayor's Forum
M-1 Remove J-7
M-2 Carver Groundbreaking
Seconded by Councilmember Allenspach Ayes - all
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EA. APPOINTMENTS/PRESENTATIONS
1. Proclamation: Bill Fernholz Day
a. Manager McGuire presented the staff report.
b. Mayor Bastian presented followin4 Proclamation to Mr. Bill Fernholz:
PROCLAMATION - BILL FERNHOLZ DAY
WHEREAS, this Spring, Mr. Bill Fernholz is retiring from a rich and full
teaching career with the North St. Paul, Maplewood, and Oakdale School
District; and
WHEREAS, Mr. Bill Fernholz graduated from St: Cloud State College in
1962 and started with Independent School District 622 that same year; and
WHEREAS, since 1962, he has lovingly taught young people at John Glenn
Middle School, Webster Elementary, and Maplewood Middle School; and
WHEREAS, in addition to his duties as a classroom instructor, Bill
Fernholz has served on several School District committees including one year
as Webster's P.T.A President; and
WHEREAS, other occupations have kept him and his wife, Dorothy, busy
during the past thirty-three years, including raising three children,
grandparenting two young toddlers, farming, meat packing, sales, karate, and
serving in the Army Reserves; and
WHEREAS, following his retirement from I.S.D. 622 this Spring, Bill will
have the time and energy to continue grandparenting, walleye fishing,
hunting, cruising the Caribbean, and shopping for antiques.
NOW, THEREFORE, BE IT RESOLVED, that I and the Maplewood City Council do
hereby proclaim Wednesday, May 10, 1995, the BILL FERNHOLZ DAY in Maplewood;
and hereby extend our deepest appreciation to Bill for his years of
dedicated service to our children in the classroom and send our warmest
wishes to Bill for a healthy and happy retirement.
2. 1995 City Recycling Logo Contest
a. Manager Mc6uire presented the staff report.
b. Michael Hinz, Gopher Disposal, presented details of the contest and
presented the winner poster, from Mrs. Romanchuk's 5th Grade Class at
Webster Elementary. Mrs. Romanchuk and 4 members of her 5th Grade Class
were present.
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3. Appointment of Craig Brannon to the. Park & Recreation Commission
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the details of the
report.
c. Mr. Craig Brannon answered questions from the Council.
d. Councilmember Carlson moved to appoint Craig Brannon to fill the vacancy
on the Park & Recreation Commission. to complete Susan Kraemer's
unexpired term.
Seconded by Councilmember Rossbach Ayes - all
F. CONSENT AGENDA:
Councilmember Carlson moved seconded by Councilmember Koppen: ayes - all.
to approve the Consent Agenda as recommended:
1. Approval of Claims
Approved"the following claims:
ACCOUNTS PAYABLE: $ 921,754.09 Checks #4308 - #4423
Dated 4-13.95 thru 4-27-95
$ 128.026.10 Checks #17652 - #17825
Dated 5-8.95
$1,049,780.79 Total Accounts Payable
PAYROLL: $ 255.786.73 Payroll Checks #80636 thru #80910
Dated 4-21-95
$ 50.573.67 Payroll Deduction Checks #80915 thru
#80932 dated 4-21-95
$ 306,360.40 Total Payroll
$1.356.140.59 GRAND TOTAL
2. Surplus Property Disposal
Declared as surplus property and authorized disposal of a 1980 I.H. tractor
with 3 flail-type mowers, to be disposed of at State auction to be held May
20. 1995 at the Oakdale MnDOT facility.
3. Above Ground Hoist Budget Change
Authorized a 1995 Budget adjustment of $7,670 from the V.E.M. Fund to the
V.E.M. Operating Budget for the purchase and installation of an above ground
hoist for the vehicle maintenance area. Due to an oversight, this money was
not carried over from the 1994 Budget.
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4. Open Space site #116 - Purchase Agreement Condition
Approved the following Resolution agreeing to provide a letter of
condemnation for Parcel 21 and a portion of Parcel 35 in Open Space site
#116.
RESOLUTION 95 - 05 - 55
AGREEING TO PROVIDE A LETTER OF CONDEMNATION
WHEREAS, the City entered into negotiations with Ms. Lineal Falk to
purchase approximately 9 acres south of Brooks Court and west of Highway 61
for the City's Open Space Program; and
WHEREAS, the property owned by Ms. Falk is Parcel 21 and a portion of
Parcel 35 contained in Open Space Site #116; and
WHEREAS, as part of the negotiations, Ms. Falk has requested a letter of
intent for acquisition of the property through condemnation; and
WHEREAS, Ms. Falk has requested that said letter of intent be a part of
the purchase agreement for the open space acquisition.
NOW, THEREFORE, BE IT RESOLVED that the City shall issue a letter of
intent for the acquisition of the property through condemnation for property
owned by Lineal Falk which is part of Open Space site #116. In the event
the property is not purchased for open space by the City, the letter of
intent may be withdrawn.
5. Accept Letter of resignation from Park & Recreation Commissioner Susann Kraemer
Accepted the resignation of Susann Kraemer from the Park & Recreation
Commission and extended the City's thanks for her service and commitment.
G. PUBLIC HEARINGS
1. 7:00 (7:15 P.M.): Tax-Increment Financing (Carefree Cottages of Maplewood-Phase III)
a. Mayor Bastian convened the meeting for a public hearing.
b. Manager McGuire presented the staff report.
c. Associate Planner Roberts presented the specifics of the report.
d. Mary Ippel, Bonding Consultant with Briggs & Morgan presented additional
information about the financing.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Mr. Bruce Mogren, the developer
Beth Berg, United Properties, Maple Ridge Shopping Center
Correspondence from Art Wilde, 2464 Flandrau Street
f. Mayor Bastian closed the public hearing.
g. Councilmember Koppen introduced the following Resolution and moved its
adoption:
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95-05-56
RESOLUTION APPROVING THE MODIFIED DEVELOPMENT PROGRAM RELATING TO
DEVELOPMENT DISTRICT N0. 1,
AND ESTABLISHING HOUSING DISTRICT N0. 1-6
AND THE TAX INCREMENT FINANCING PLAN RELATING THERETO
WHEREAS:
A. The City of Maplewood (the "City") has heretofore created Development District
No. 1 and it has been proposed that the City modify the development program with
respect thereto, and establish Housing District No. 1-6 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");
B. The City Council has investigated the facts and has caused to be prepared a
Modified Development Program for Development District No. 1, and has caused to
be prepared a proposed Tax Increment Financing Plan for Housing District No. 1.6;
and
C. The City has performed all actions required by law to be performed prior to the
creation of Housing District No. 1-6 and the adoption of the proposed Modified
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 i ncl uded i n Housing
District No. 1-6, and the holding of a public hearing upon published and mailed
notice as required by law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as
follows:
1. Modified Development Program. The Modified Development Program for
Development District No. 1, a copy of which is on file in the office of
the City Clerk, is adopted as the Modified Development Program for
Development District No. 1.
2. Housin4 District No. 1-6. There is established in the City of Maplewood
within Development District No. 1 Housing District No. 1-6, the initial
boundaries of which are fixed and determined as described in the Tax
Increment Financing Plan.
3. Tax Increment Financing Plan. The Tax Increment Financing Plan is
adopted as the tax increment financing plan for Housing District No. 1-
6, and the City Council makes the following findings:
(a) Housing District No. 1-6 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 Care Free Cottages of
Maplewood Limited Partnership III consists of a project, or a
portion of a project, intended for occupancy, ~n part, by
persons or families of low and moderate income, 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.
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(b) The proposed redevelopment in the opinion of the City Council,
_ would not occur solely through private investment within the
reasonable foreseeable future and therefore the use of tax
increment financing is deemed necessary.'
The reasons supporting this finding are thati
Carefree Cottages of Maplewood Limited Partnership III 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 through the
use of tax i ncrement financing so that other development by
private enterprise will occur within Development District No. 1.
(c) The Tax Increment Financing Plan for Housing District No. 1-6
will conform to the general plan for development or
redevelopment of the City of Maplewood as a whole if the zoning
for Housing District No. 1-6 is changed from commercial to
residential.
The reasons supporting this finding are that:
The Developer proposes to request the City for a zoning
change upon notification that it has received tax credits
for the Project.
(d) The Tax Increment Financing plan will afford 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 Modified Development Program for Development
District No. 1, and the adoption of the Tax Increment Financing Plan for
Housing District No. 1-6 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.
5. Filina• The City Clerk is further authorized and directed to file a
copy of the Modified Development Program and Tax Increment Financing
Plan for Housing District No. 1-6 with the Commissioner of Revenue.
6. Administration. The administration of Development District No. 1 is
assigned 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 deem appropriate.
7. SoeciaT Conditions. The following special conditions apply to the use
of Tax Increment Financing for Phase III of the Carefree Cottages of
Maplewood:
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(a) The City shall determine. the amount of tax-increment financing
at the time the City approves the developer's agreement.
(b) The City Council must approve a comprehensive plan amendment, a
conditional use permit for a planned unit development or a
rezoning, and the site and building design plans.
(c) The developer shall give the City a market study. This study
must document that there will be enough demand from seniors (62
years or older) to keep this a senior housing project. The City
must approve this study.
Seconded by Councilmember Rossbach Ayes - all
H. AWARD OF BIDS
1. Sterling/Schaller Improvements - Project 93-08
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the followiha Resolution and moved its
adoption:
95-05-57
AWARD OF BID - PROJECT 93-08
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Ryan Contracting in the amount of $759,359.09 is the lowest responsible
bid for 'the construction of Sterling Street and Schaller Drive Utility and
Street Improvements, City Project 93-08, 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.
The Finance Director is hereby authorized to make the financial
transfers necessary to implement the financing plan for the project.
Seconded by Councilmember Allenspach Ayes - all
2. Truck Bodies and Accessories
a. Manager McGuire presented the staff report."
b. Councilmember Allenspach introduced the following Resolution and moved
its adoption:
95-05-58
AWARD OF BID - TRUCK EQUIPMENT
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
quotation from Truck Utilities Manufacturing Company in the amount of
E42,189.00 plus tax is the lowest responsible quote for the purchase of dump
bodies, plow, sander, and lift gates and the authorized representative of
the City shall enter into a contract with Truck Utilities Manufacturing
Company for and on behalf of the City.
Seconded by Councilmember Koppen Ayes - all
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3. Western Hills and Timber Park Construction
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the following Resolution and moved its
adoption:
95-05-59
AWARD OF BID - WESTERN HILLS PARK AND TIMBER PARK
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
from Barber Construction in the amount of E308,344.80 is the lowest
responsible bid for the construction and development of Western Hills and
Timber Parks and the authorizing representative of the City shall enter into
a contract with Barber Construction for and on behalf of the City.
Seconded by Councilmember Rossbach Ayes - all
I. UNFINISHED BUSINESS
1. Appeal of Staff Denial of Site Plan - Beam Avenue (Johnson)
a. Manager McGuire presented the staff report.
b. Associate Planner Roberts 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:
Jeff Bull, 2035 Radatz
Mike Murphy, 2030 Beam Avenue
Becky Lee, daughter of Mr. & Mrs. Floyd Johnson
Max Norton, Charles Cudd Company
Janet Jackson, 2710 Chisholm
Sharon Murphy, 2030 Beam Avenue
Ralph Birklund, 2015 Radatz
d. Councilmember Rossbach moved to support staff recommendation and deny
the appeal.
Seconded by Councilmember Koppen Ayes - all
2. Assessment Objections Sterling/Schaller Improvements Project 93-08
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Carlson moved to accept staff recommendations and denv the
assessment appeals.
Seconded by Councilmember Allenspach Ayes - all
5-8-95 8
J. NEW BUSINESS
1. Stop Sign Request
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:
Paul Hammiller, 2380 Snowshoe Court
c. Councilmember Carlson moved to install 4-wav stop signs at Lakewood and
Snowshoe Court.
Seconded by Councilmember Koppen Ayes - all
2. Erosion Control
a. Manager McGuire presented the staff report.
b. JoAnn Funk, 880 South Lakewood Drive, made a presentation regarding the
erosion problems in the Amber Hills and Budd Kolby development areas.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Wendy Gardner, 2311 Valley View
Tom Boylan, 889 Schaller
Dominic Ramacier, 865 Lakewood Drive
- Letter from the Sherwoods
Doug Sperling, 2312 Phyllis
David Seidenkranz, 2602 Schaller
d. Council directed staff to proceed with bossible solution' to erosion
problem, and it will be discussed at the July Council/Manager Meeting.
3. Alarm System Licenses
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins presented the specifics of the report.
c. Council directed staff to investigate alternatives.
- 4. Open Space Site #116
a. Manager Mc6uire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Councilmember Carlson moved to pursue the purchase of Open Space Site
116.
Seconded by Councilmember Koppen Ayes - all
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5. Carver Avenue - Shoulder Paving
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Rossbach moved to authorize execution of Agreement 95015
for shoulder paving on Carver Avenue.
Seconded by Councilmember Koppen Ayes - all
6. Minnesota YouthBaseball Application for Gambling Permit
- a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins presented the. specifics of the report.
c. Councilmember Carlson moved to accept staff recommendation and deny the
application of Minnesota Youth Baseball for a Gambling Permit.
Seconded by Councilmember Koppen Ayes - all
7. Heritage Theater Application for Gambling Permit
REMOVED FROM AGENDA AT REQUEST OF APPLICANT
8. Community Center Staffing Levels
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the
report.
c. Councilmember Carlson moved to approve upgrading two of the Recreation
Program Assistant positions to full-time status, with wage rate
remaining the same, with the additional cost to be borne from the
M~lewood Community Center Enterprise Fund through the reduction of
existing part-time staff hours.
Seconded by Councilmember Koppen Ayes - all
9. Curfew Ordinance
a. Manager McGuire presented the staff report..
b. Director of Public Safety Collins presented the specifics of the report.
c. Councilmember Carlson moved approval of the following Ordinance for
first reading.
Seconded by Councilmember Koppen Ayes - all
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10. Primary Election
a. Manager McGuire presented the staff report.
b. City Clerk Aurelius presented the specifics of the report.
c. Councilmember Carlson moved to waive the Rules of Procedure and provide
both first and second reading of the promised ordinance amending the
existing current~rimarv election code.
Seconded by Councilmember Koppen Ayes - all
d. Councilmember Carlson introduced the following Ordinance for first and
second reading and moved its adoption:
ORDINANCE N0. 734
AMENDING SECTION REGARDING PRIMARY ELECTIONS
§2.22. PRIMARY ELECTIONS
The Tuesday following the second Monday in September and each odd-
numbered year thereafter in which a municipal general election is to be held
for the purpose of electing officers are hereby designated as primary
election days for the City. (Code 1965, §203.020; Ordinance No. 291, §l, 8-
19-71). State law reference - municipal primary elections, MS 205.065.
Seconded by Councilmember Koppen Ayes - all
VISITOR PRESENTATIONS
1. Jeff Bull, 2035 Radatz
a. Mr. Bull voiced his concerns regarding the unfinished dwelling at 2025
Radatz Avenue.
b. Council directed staff to follow up on this situation.
2. Jim Jackson, 2710 Chisholm
a. Mr. Jackson expressed concern regarding the height of the dwelling at
2025 Radatz.
L COUNCIL PRESENTATIONS
1. Charitable Gambling
a. Councilmember Koppen questioned the City's ordinances regarding
"Cadillac Dinners".
b. Council directed staff to research the ordinances.
2. Ramsey County Park System
a. Councilmember Allenspach inquired where the City is in relation
to receiving County park land.
b. Staff stated a meeting should be set up with the County.
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3. Bennington Woods
a. Councilmember Rossbach stated he received a letter` from
residents of Bennington Woods regarding the condition of the
property on Parkway Drive.
b. Council directed staff to investigate the conditions.
4. Acting Director of Community Development
a. Mayor Bastian thanked Marge Ostrom for her contribution in
taking the responsibility of Acting Director of Community
Development.
5. Mayor's Forum
a. Mayor Bastian stated:
- the City is establishing a program explaining organized
garbage collection.
- semi-annual interviews will be held for vacancies on the.
City Boards and Commissions.
b. Discussion of Heritage Theater
c. ,Mayor Bastian stated a there was a contingent of Connemara
residents regarding the construction on 494.
- M. ADMINISTRATIVE PRESENTATIONS
1. Carver Groundbreaking
a. City Manager McGuire announced the groundbreaking at Carver
Elementary will be on Friday, May 12 at 1:00 P.M.
N. ADJOURNMENT OF MEETING
10:25 P.M.
d~t~-r~~ ~~~1c~
uriille E. Aurelius, City Clerk
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