HomeMy WebLinkAbout10.08.84Minutes of Maplewood City Council
7:00 P.M., Monday, October 8, 1984
East County Line Fire Department No. 2
Meeting No. 84 -22
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held at the East
County Line Fire Department No. 2, 2501 Londin Lane, and was called to order at 7:00
P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
MaryLee Maida, Councilmember Present
Michael T. Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
Councilmember Anderson moved to approve the Minutes of Meeting No. 84 -21
(September
24, 1984) as submitted.
Seconded by Councilmember Bastian. Ayes - all.
APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Highwood
2. Storm Shelter
3. November 12,, 1984 Meeting
4. Budget Transfer - Voting Machines
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Councilmember Anderson moved, seconded by Councilmember Wasiluk, Ayes -
all, to approve
the Consent Agenda, Items 1 through 7 as recoihmended:
1. Accounts Payable
Approved the accounts (Part I, Fees, Services, Expenses, Check register
dated September
'+ 26, 1984 through October 1, 1984 - $382,262.69: Part II, Payroll - Check dated September
21, 1984 — $63,396.72) in the amount of $445,659.41.
2. Delinquent Sewer Bills
Resolution 84 -10 -140
RESOLVED, that the City Clerk is hereby authorized and directed to
certify to
the Auditor of Ramsey County the attached list of delinquent sewer rental charges
and hydrant charges said list made a part herein, for certification against the
tax levy of said property owners for the year 1984, collectible in 1985, and which
listing includes interest at the rate of eight (8%) on the total amount for one
year.
Total amount to be certified: $56,937.04.
3. Delinquent Weed Cutting
Resolution No. 84 -10 -141
RESOLVED, that the City Clerk is hereby authorized and directed to certify to
the Auditor of Ramsey County the attached list of delinquent weed cutting charges
said list made a part herein the certification against the tax levy of said property
owners for the year 1984, collectible in 1985 and which listing includes interest
at the rate of eight (8%) percent on the total amount for the year.
57 48960 060 04 $ 32.40
57 48960 020 05 70.20
57 63100 150 15 48.60
57 62800 050 01 39.96
57 29810 090 27 34.56
57 48950 010 06 60.48
57 48950 010 06 24.84
4. Budget Transfer
Accepted the donation of $1,250.00 from the Maplewood Moose Lodge, North St. Paul
VFW and Champion Paper Company of St. Paul for the purpose of purchasing hydrant
marker flags. Approved the transfer of $1,250.00 from the hydrant charge contingency
account into the hydrant charge maintenance materials account.
5. Change Order - Holloway Avenue Improvement
Resolution No. 84 -10 -142
WHEREAS, the City Council of Maplewood, Minnesota has heretofore entered into
a Joint Powers Agreement with Ramsey County and North St. Paul and has ordered made
Improvement Project No, 81 -12 and, has let a construction contract therefor pursuant
to Minnesota Statutes, Chapter 429; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project No. 81 -12, Change Order No. 3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the Mayor and City Clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 3.
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6. Appropriation for Fireworks Donations
Donations that have been received for the July 4th Celebration at Wakefield Park.
The money received has been earmarked strictly for Fireworks. City Council action
is required to appropriate these funds to the above account.
Metropolitan Inspection Service
$45.85
North Maplewood Lions Club
100.00
Chicone's Bar & Cafe
30.00
Party Time Liquors
25.00
Circus
100.00
Maplewood Moose Lodge
200.00
St. Paul Ski Club
50.00
Maplewood Bowl, Inc.
35.40
Video King
35.00
St. Paul Suburban Bus
30.00
Hardee's Restaurant
26.50
Gladstone House
30.00
Warner's Hardware
60.00
Midas Muffler
23.75
— $T91.5b—
7. Maplewood Project 82 -9 Stipulation
(Hedlund)
Resolution No. 84 -10 -143
WHEREAS, the Parcel No. 22 is owned
by Gordon Hedlund and
is described as follows:
Lot 21, Block 31, Gladstone Plat 2,
Property ID Number 57
29810 210 31, Ramsey
County, Minnesota.
WHEREAS, that owner pursuant to the
provisions of Minnesota
Statutes, Sections
429.061 and 429.081 has taken timely appeal
from that special
assessment for local
public improvement Project No. 82 -9 for
storm drainage;
WHEREAS, Respondent adopted a special
assessment for local
public improvement
Project No. 82 -9 so far as the same pertains
to said Parcel 22
in the amount of $437.00
. on August 11, 1983;
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. That as to Parcel 22, the assessment levied by the City Council, on August
11, 1983 for development of a storm drainage system is hereby dismissed.
2. That the effective date of the dismissal of the assessment shall be October
8, 1984.
3. That the owner, through the undersigned, their attorney hereby waive any and
all right of further notice and appeal as provided forth in Minnesota Statutes
Section 429 as amended.
4. That the above proposed dismissal of assessment is accepted by the City Council
through the undersigned, its City Attorney and shall constitute the special assessment
for local public improvement project against said Property Identification No. 57
29810 210 31.
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5. That the terms and provisions of Maplewood City Council Resolutions adopting the
original assessment role insofar as they are not otherwise inconsistent herewith,
are incorporated herein by reference.
6. The Maplewood City Clerk shall, upon appropriate City Council action, forthwith
transmit a certified duplicate of the rescinded assessment as determined hereunder
to the Ramsey County Auditor to be removed on the property and the owner shall not
be liable for penalties and interest through and including the date hereof.
7. That the above entitled action having been hereby fully compromised and settled,
is stipulated and agreed that the same may be, and hereby is dismissed on its merits
with prejudice and the Clerk of said above named District Court, upon filing of the
Stipulation, is hereby authorized and directed to dismiss any action of record.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals all as the
day and year first above written.
F. PUBLIC HEARINGS
1. 7:00 P.M. 1985 Budget
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of the 1985 Budget.
b. Manager Evans presented the staff report.
c. Councilmember Anderson introduced the following resolution and moved its adoption:
84 - 10- - 144
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the budget
for 1985 is hereby adopted as outlined in the following summary:
Capital Debt
Operating Improvements Service
Budget Budget Budget
Estimated Balances 1 -1 -85 $4,204,9 3T9 $555,9 6
Revenues 9,318,200 244,750 2,966,670
Net other increases(decreases) (1,235,550) 1,275,384 155,146
Expenditures 8,812,620 2,253,800 2,963,620
Estimated Balances 12 -31 -85 $3,475,016 $1,510,113 $5,614,162
BE IT FURTHER RESOLVED that the following appropriations are hereby approved
' for the 1985 Operating Budget:
General Fund:
$ 572,290 General Government
220,340 Finance
178,890 City Clerk
3,151,070 Public Safety
1,057,320 Public Works
789,980 Community Services
287,530 Community Development
62b/,4ZO General Fund Total
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Hydrant Charge Fund`.
94,530 Public Works
Sewer Fund:
175,120 City Clerk
1,982,860 Public Works
V.E.M. Fund:
302,690 Public Works
$8,812,620 Total Operating Budget Appropriations
BE IT FURTHER RESOLVED that the following appropriations are hereby approved
for the 1985 Capital Improvements Budget:
Capital Improvement Projects Fund:
$2,000,000 Construction of new City Hall
Park Development Fund:
83,000 Various park improvement projects
(as listed in the 1985 Budget document)
Street Construction State Aid Fund:
120,000 Street overlay and sealcoating program
50,000 Traffic signal and opticom installations
$2 -75TIM Total Capital Improvements Budget
Appropriation
BE IT FURTHER RESOLVED that the following appropriations principal, interest
and fiscal charges are hereby approved for the 1985 Debt Service Budget:
$ 220,580 Debt Service Funds
2,743,040 Special Assessment Fund -
Debut Service Accounts
Total Debt Service Budget Appropriations
BE IT FURTHER RESOLVED that authorization is hereby given to transfer $230,000
of revenue sharing monies to the General Fund to partly finance the contracts
between the City and its three fire departments: Gladstone, Parkside and East
County Line.
BE IT FURTHER RESOLVED that the transfer of appropriations among the various
accounts within a department budget or within a non - departmental expense category
shall only require the approval of the City Manager, except that any transfer
of appropriations within a departmental budget so as to increase the salary approp-
riation shall require the approval of the City Council.
BE IT FURTHER RESOLVED that all appropriations which are not encumbered or
expended at the end of the fiscal year shall lapse and shall become a part of
the unencumbered fund balance which may be appropriated for the next fiscal year
except appropriations for capital improvement projects which shall not lapse until
the project is completed or cancelled by the City Council.
Seconded by Councilmember Wasiluk. Ayes - all.
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d. Councilmember Anderson introduced the following resolution and moved its adoption:
84 - 10 - 145
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that:
1.
The following amounts of taxes be levied for 1985, payable in 1985, upon the
taxable property in said City of Maplewood, for the following purposes:
General Operations $3,834,800
Debt Service 731,500
Total Levy $4,bbb,300-
2.
There is on hand in the following sinking funds excess amounts as indicated
after each fund and such shall be used to pay on the appropriate obligations
of the City:
Description
1967 General Obligation Sanitary Sewer Bonds $ 3,400
1967 General Obligation Improvement Bonds 11,100
1968 Improvement Bonds 11,000
1969 General Obligation Improvement Bonds 6,100
1972 General Obligation Improvement Bonds -
Series 1 8,400
1972 General Obligation Improvement Bonds -
Series 2 2,500
1973 Improvement Bonds 107,200
1977 Public Works Building Bonds 20,700
1977 General Obligation Improvement Bonds -
Series 2 121,300
1979 General Obligation Improvement Bonds 9,700
1980 Fire Station Bonds 3,700
$ 305,100
In accordance with Minnesota Statutes 475.61 and 273.13, Subd. 19 (3), (a),
(b), (c) and Chapter 297a and Chapter 162 of Minnesota Statutes, the County
Auditor of Ramsey County is hereby authorized and directed to reduce by the
amounts above mentioned the tax that would be otherwise included in the rolls
for the year 1984 and collectible in 1985.
3.
It has been determined that the following bond issues have insufficient pro-
jected assets to meet projected liabilities, as required by State Statute,
and the original resolution levying ad- valoren taxes must be increased in
the following amount:
Increase
la
Description In Levy
1970 General Obligation Improvement Bonds $ 29,700
1977 General Obligation Improvement Bonds - Series 1 28,000
Total $ 57,700
4.
Changes set forth in sections one (1) and two (2) above result in a net re-
duction of $247,400 and are summarized and hereby adopted in the attached
Schedule. Such amounts shown are the total amounts to be spread on the rolls
in 1984 and collectible in 1985 for each of the bond issues shown, including
the reductions and increases in levy amounts set forth in sections one (1)
and two (2) above.
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5. The City Clerk is hereby
authorized and directed to
furnish a copy
of this
resolution
to the County
Auditor
of Ramsey
County forthwith.
BONDS & INTEREST
LEVIES
COLLECTIBLE 1985
Code
Per Bond
Amount
Bond
Issues
Amount
Date
No.
Register
Levied
Consolidated Improvement $
975M
12/1/64
19
$ -0- $
-0-
Municipal Building
175M
5/1/65
05
-0-
-0-
General
Obligation
Improvement
835M
12/1/65
19
17,000
17,000
General
Obligation
Improvement
750M
12/1/66
19
24,000
24,000
General
Obligation
Imp. San. Sewer
645M
7/1/67
16
12,000
8,600
General
Obligation
Improvement
450M
12/1/67
17
12,000
900
General
Obligation
Improvement
380M
12/1/68
18
11,000
-0-
*General
Obligation
Improvement
1,980M
12/1/69
23
45,000
38,900
* *General
Olbigation
Improvement
605M
12/1/70
26
10,000
39,700
.'wneral
Obligation
Improvement
1,740M
8/1/71
23
65,000
65,000
State Aid
Bonds
540M
8/1/71
06
-0-
-0-
General
Obligation
Improvement
1,090M
5/1/72
20
30,000
21,600
General
Obligation
Improvement
670M
12/1/72
21
30,000
27,500
General
Obligation
Improvement
2,175M
7/1/73
22
107,200
-0-
**General
Obligation
Improvement
1,240M
11/1/74
26
40,000
40,000
* *General
Obligation
Improvement
1,360M
12/1/75
26
75,000
75,000
* *General
Obligation
Improvement
1,990M
5/1/76
26 -
132,000
132,000
General
Obligation
Improvement-
Series 1
3,730M
4/1/77
24
27,400
55,400
Public Works Building Bonds
995M
4/1/77
07
86,300
65,600
General
Obligation
Improvement -
Series 2
3,815M
10/1/77
25
126,000
4,700
oral
Obligation
Bonds - 1979
825M
8/1/79
27
52,000
42,300
Station Bonds
470M
8/1/80
08
77,000
73,300
$ 978,900 $
731,500
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*Tax Levies Pledged to Redeem G.O. Refunding Improvement Bonds 1974
* *Tax Leview Pledged to Redeem G.O. Refunding Improvement Bonds 1977
Seconded by Councilmember Wasiluk. Ayes - all.
2. 7:00 P.M. Variance - 1770 Edward (Galbraith)
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Albert and Marilyn Galbraith for a side yard setback variance of 18.5 feet
to construct an addition to their house.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"WHEREAS, Albert and Marilyn Galbraith applied for a variance for the following -
described property:
Lots 10 and 11 and the south 6 feet of lot 9 in block 8, Lakeside Park
This property is also known as 1770 Edward Street, Maplewood;
WHEREAS, Section 36 -71 (1) of the Maplewood Code of Ordinances requires a 30 foot
side yard setback on the street side of a corner lot;
WHEREAS, the applicant is proposing an 11.5 foot setback, requiring a variance
of 18.5 feet;
WHEREAS, the procedural history of this variance is as follows:
1. This variance was applied for on September 7, 1984.
2. This variance was reviewed by the Maplewood Planning Commission on October
1, 1984. The Planning Commission recommended to the City Council that said variance
be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above
described variance be approved on the basis of the following findings of fact:
1. There is an undue hardship on this lot because it is substandard in width
(70 feet). Code requires 100 feet of width. The required side yard setback of
30 feet unduly restricts the buildable width of the lot and the house is already
built to the minimum setback on the north side.
a 2. The spirit and intent of the ordinance is to keep a uniform setback from public
streets and provide adequate sight distance at the corner. The intent of the
ordinance is met, because:
a. Sophia Street is a short street without uniform setbacks.
b. Council approved a variance in 1972 to allow the house across the street
(1763 Edward Street) to be built with a side yard setback of 15 feet.
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c. While there are no records of variances, aerial photos show that the garage
at 1756 Edward Street and the hosue at 1758 Phalen Place appear to be built
at the right of way line.
d. The existing garage is already built 9.5 feet from the right of way line.
e. The addition would not be seen by any other houses, except the house to the
south, because of existing trees.
f. The addition would not interfere with the sight distance at the corner.
Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Fischer,
Larson, Pellish, Sigmundik, Whitcomb."
d. Applicants were in attendance at the meeting and agreed with the Planning
Commission recommendations.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Maida introduced the following resolution and moved its adoption:
84 - 10 - 146
WHEREAS, Albert and Marilyn Galbraith applied for a variance for the following
described property:
Lots 10 and 11 and the south 6 feet of lot 9 in Block 8, Lakeside Park
This property is also known as 1770 Edward Street, Maplewood;
WHEREAS, Section 36 -71(1) of the Maplewood Code of Ordinances requires a 30
foot side yard setback on the street side of a corner lot;
WHEREAS, the procedural history of this variance is as follows:
1. This variance was applied for on September 7, 1984.
2. This variance was reviewed by the Maplewood Planning Commission on October
1, 1984. The Planning Commission recommended to the City Council that said variance
be approved.
3. The Maplewood City Council held a public hearing on October 8, 1984 to
consider this variance. Notice thereof was published and mailed pursuant to law.
'a All persons present at said hearing were given an opportunity to be heard and
present written statements. The Council also considered reports and recommendations
of the City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY .COUNCIL that the above
described variance be approved on the basis of the following findings of fact:
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1. There is an undue hardship on this lot because it is substandard in width
(70 feet). Code requires 100 feet of width. The required side yard setback of
30 feet unduly restricts the buildable width of the lot and the house is already
built to the minimum setback on the north side.
2. The spirit and intent of the ordinance is to keep a uniform setback from
public streets and provide adequate sight distance at the corner. The intent
of the ordinance is met, because:
a. Sophia Street is a short street without uniform setbacks.
b. Council approved a variance in 1972 to allow the house across the street
(1763 Edward Street) to be built with a sideyard setback of 15 feet.
c. While there are no records of variances, aerial photos show that the
garage at 1756 Edward Street and the house at 1758 Phalen Place appear to be
built at the right of way line.
d. The existing garage is already built 9.5 feet from the right of way line.
e. The addition would not be seen by any other houses, except the house to
the south, because of existing trees.
f. The addition would not interfere with sight distance at the corner.
Seconded by Councilmember Wasiluk. Ayes - all.
3. a IDR Moggen Landscaping
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Moggen Landscaping for a $1,200,000 Industrial Revenue Note to acquire land
and construct and equip a 15,000 square foot office building to be located on
the east side of White Bear Avenue between Lydia Avenue and Beam Avenue, directly
north of the Maplewood East Shopping Center.
b. Manager Evans presented the staff report.
c. Ms. Mary Ippel, Briggs and Morgen, explained the specifics of the proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu introduced the following resolution and moved its adoption:
84 - 10 - 147
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF THE PROJECT TO THE
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ENERGY AND ECONOMIC DEVELOPMENT
AUTHORITY OF THE STATE OF MINNESOTA
_ AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH THE PROJECT
WHEREAS,
(a) The purpose of Chapter 474, Minnesota
Statutes, known as the Minnesota Municipal Industrial
Development Act (the "Act ") as found.and determined by the
legislature is to promote the welfare of the state by the
active attraction and encouragement and development of economi-
cally sound industry and commerce to prevent so far as possible
the emergence of blighted and marginal lands and areas of
chronic unemployment;
(b) Factors necessitating the active promotion
and development of economically sound industry and commerce are
the increasing concentration of population in the metropolitan
areas and the rapidly rising increase in the amount and cost of
governmental services required to meet the needs of the
increased population and the need for development of land use
which will provide an adequate tax base to finance these
increased costs and access to employment opportunities for such
population;
(c) The City Council of the City of Maplewood
(the "City ") has received from Mogren Landscaping, a general
partnership organized under the laws of the State of Minnesota
(the "Company ") a proposal that the City assist in financing a
Project hereinafter described, through the issuance of a
Revenue Bond or Bonds or a Revenue Note or Notes hereinafter
referred to in this resolution as "Revenue Bonds" pursuant to
the Act;
(d) The City desires to facilitate the selec-
tive development of the community, retain and improve the tax
base and help to provide the range of services and employment
opportunities required by the population; and the Project will
assist the City in achieving those objectives. The Project
will help to increase assessed valuation of the City and help
maintain a positive relationship between assessed valuation and
debt and enhance the image and reputation of the community;
(e) The Company is currently engaged in the
'+ business of sod and landscaping. The Project to be financed by
the Revenue Bonds is an approximately 15,000 square foot office
building to be located on the East side of White Bear Avenue
between Lydia Avenue and Beam Avenue directly North of the
Maplewood East Shopping Center in Maplewood, Minnesota to be
leased to Edina Realty and consists of the acquisition of land
and the construction of buildings and improvements thereon and
the installation of equipment therein to be initially owned and
operated by the Company, and will result in the employment of
additional persons to work within the new facilities;
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(f) The City has been advised by representa-
tives of Company that conventional, commercial financing to pay
the capital cost of the Project is available only on a limited
basis and at such high costs of borrowing that the economic
feasibility of operating the Project would be significantly
reduced, but Company has also advised this Council that with
the aid of municipal financing, and its resulting low borrowing
cost, the Project is economically more feasible;
(g) Pursuant to a resolution of the City
Council adopted on September 10, 1984, a public hearing on the
Project was held on October 8, 1984, after notice was
published, and materials made available for public inspection
at the City Hall, all as required by Minnesota Statutes,
Section 474.01, Subdivision 7b at which public hearing all
those appearing who so desired to speak were heard;
(h) No public official 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.
Noll, THEREFORE, BE IT RESOLVED by the City Council of the
City of Maplewood, Minnesota, as follows:
1. The Council hereby gives preliminary approval to the
proposal of Company that the City undertake the Project
pursuant to the Minnesota Municipal Industrial Development Act
(Chapter 474, Minnesota Statutes), consisting of the acqui-
sition, construction and equipping of an approximately 15,000
square foot office building to be located on the East side of
White Bear Avenue between Lydia Avenue and Beam Avenue directly
north of the Maplewood East Shopping Center in Maplewood,
Minnesota, to be leased to Edina Realty pursuant to Company's
specifications suitable for the operations described above to
be initially owned and operated by the Company and pursuant to
a revenue agreement between the City and Company upon such
terms and conditions with provisions for revision from time to
time as necessary, so as to produce income and revenues
sufficient to pay, when due, the principal of and interest on
the Revenue Bonds in the maximum aggregate principal amount of
$1,200,000 to be issued pursuant to the Act to finance the
acquisition, construction and equipping of the Project; and
said agreement may also provide for the entire interest of
Company therein to be mortgaged to the purchaser of the Revenue
,a Bonds; and th,e City hereby undertakes preliminarily to issue
its Revenue Bonds in accordance with such terms and conditions;
2. On the basis of information available to this Council
it appears, and the Council hereby finds, that the Project
constitutes properties, real and personal, used or useful in
connection with one or more revenue producing enterprises
engaged in any business within the meaning of Subdivision la of
Section 474.02 of the Act; that the Project furthers the
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purposes stated in Section 474.01, Minnesota Statutes; that the
Project would not be undertaken but for the availability of
industrial bond financing; that the availability of the
financing under the Act and willingness of the City to furnish
such financing will be a substantial inducement to Company to
undertake the Project, and that the effect of the Project, if
undertaken, will be to encourage the development of .
economically sound industry and commerce, to assist in the
prevention of the emergence of blighted and marginal land, to
help prevent chronic unemployment, to help the City retain and
improve the tax base and to provide the range of service and
employment opportunities required by the population, to help
prevent the movement of talented and educated persons out of
the state and to areas within the State where their services
may not be as effectively used, to promote more intensive
development and use of land within the City and eventually to
increase the tax base of the community;
3. The Project is hereby given preliminary approval by
the City subject to the approval of the Project by the
Minnesota Energy and Economic Development Authority or such
other state officer having authority to grant approval (the
"Authority "), and subject to final approval by this Council,
Company, and the purchaser of the Revenue Bonds as to the ulti-
mate details of the financing of the Project;
4. In accordance with Subdivision 7a of Section 474.01
Minnesota Statutes, the Mayor of the City is hereby authorized
and directed to submit the proposal for the Project to the
Authority requesting its approval, and other officers,
employees and agents of the City are hereby authorized to
provide the Authority with such preliminary information as it
may require;
5. Company has agreed and it is hereby determined that
any and all costs incurred by the City in connection with the
financing of the Project whether or not the Project is carried
to completion and whether or not approved by the Authority will
be paid by Company;
6. Briggs and Morgan, Professional Association, acting as
bond counsel, and ,
investment bankers, are authorized to assist in the preparation
and review of necessary documents relating to the Project, to
consult with the City Attorney, Company and the purchaser of
the Revenue Bonds as to the maturities, interest rates and
other terms and provisions of the Revenue Bonds and as to the
covenants and other provisions of the necessary documents and
to submit such documents to the Council for final approval;
7. Nothing in this resolution or in the documents pre-
pared pursuant hereto shall authorize the expenditure of any
municipal funds on the Project other than the revenues derived
from the Project or otherwise granted to the City for this
purpose. The Revenue Bonds shall not constitute a charge, lien
or encumbrance, legal or equitable, upon any property or funds
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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 Revenue Bonds shall never have the
right to compel any exercise of the taxing power of the City to
pay the outstanding principal on the Revenue Bonds or the
interest thereon, or to enforce payment thereof against any
property of the City. The Revenue Bonds shall recite in
substance that the Revenue Bonds, including interest thereon,
is payable solely from the revenue and proceeds pledged to the
payment thereof. The Revenue Bonds shall not constitute a debt
of the City within the meaning of any constitutional or
statutory limitation;
S. In anticipation of the approval by the Authority the
issuance of the Revenue'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, Company is hereby
authorized to make such expenditures and advances toward
payment of that portion of the costs of the Project to be
financed from the proceeds of the Revenue Bonds as Company con-
siders necessary, including the use of interim, short -term
financing, subject to reimbursement from the proceeds of the
Revenue Bonds if and when delivered but otherwise without
liability on the part of the City;
9. If construction of the Project is not started within
one year from the date hereof, this resolution shall thereafter
have no force and effect and the preliminary approval herein
granted is withdrawn;
Adopted by the City Council of the City of Maplewood,
Minnesota, this day of October, 1984.
Attest:
ty
Mayor
Seconded by Councilmember Wasiluk. Ayes - all
3b. 7:10 P.M. Hideaway - Liquor License
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Greg Tulgren for an On -Sale Intoxicating Liquor License to be located at the
Hideaway, 70 E. County Road B.
b. Manager Evans presented the staff report.
c. Mr. James Finley, attorney for applicant, spoke on behalf of the request.
d. Mayor Greavu called for proponents. None were heard.
- 1 4 - 10/8
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Wasiluk moved to approve the On Sale Li
Tulqren subject to better liqhtinq in the oar inq lot an
84 - 10 - 148
License for
on:
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the
City of Maplewood on October 8, 1984, an On Sale Intoxicating Liquor License was
approved for Greg Tulgren dba The Hideaway, 70 E. County Road B;
The Council proceeded in this matter as outlined under the provisions of the
City Ordinances.
Seconded by Councilmember Bastian. Ayes - Councilmembers Anderson, Bastian,
Maida and Wasiluk.
Nays - Mayor Greavu.
3. 7:20 P.M. Mortgage Revenue Bond Financing (Podawiltz)
a. Mayor Greavu convened the meeting for a public hearing to consider the proposal
of Maple Ridge Partnership that the City undertake a program to finance the proposed
development by the issuance of revenue obligation. The development consists of
the construction and equipping of a multi - family rental housing development of
approximately 100 units.
b. Manager Evans presented the staff report.
c. Mr. Mike Podawiltz, the developer, spoke on behalf of the proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu introduced the following resolution and moved its adoption:
84 - 10 - 149
RESOLUTION RECITING A PROPOSAL FOR A
FINANCING PROGRAM FOR A MULTI - FAMILY RENTAL
HOUSING DEVELOPMENT, GIVING PRELIMINARY
APPROVAL TO THE PROJECT AND THE PROGRAM,
AND THE AMENDMENT OF THE HOUSING REVENUE BOND
PROGRAMS PORTION OF THE CITY "S 462C HOUSING PLAN
TO INCLUDE THE PROGRAM
PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C,
AUTHORIZING THE CITY OF MAPLEWOOD
TO ISSUE HOUSING REVENUE BONDS
AND AUTHORIZING THE SUBMISSION OF THE
FINANCING PROGRAM FOR THE PROJECT FOR APPROVAL TO THE
METROPOLITAN COUNCIL AND
MINNESOTA HOUSING FINANCE AGENCY AND
- 15 - 10 /R
AUTHORIZING THE PREPARATION OF NECESSARY
DOCUMENTS AND MATERIALS IN CONNECTION
WITH THE SAID PROJECT AND PROGRAM
(MAPLE RIDGE PARTNERSHIP PROJECT)
WHEREAS,
(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 multi - family housing developments
within the boundaries of the city;
(b) The City has received from Maple
Ridge Partnership, a Minnesota 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 or which may be in the
form of a single debt instrument) (the
"Bonds ") pursuant to the Act;
(c) The City desires tot facilitate
the development of rental housing within the
community; encourage the development of
affordable housing opportunities for
residents of the City; encourage the
development of housing facilities designed
for occupancy by persons of low or moderate
income; 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 City desires to expand the
Housing Revenue Bond Programs" portion of
its 462C Housing Plan to incorporate the
program for the Project;
(e) The Developer is currently engaged
in the business of real estate development.
The Project to be financed by the Bonds is
a the construction and equipping of an
approximately 118,575 square foot
multi- family rental housing development of
100 rental units, consisting of 43
one- bedroom units and 57 two - bedroom units,
located North of County Road D, South of 694
- and East of Hazelwood Street in the City, and
consists of the construction of buildings an
- 16 - 10/8
such land which will result in the provision
of additional rental housing opportunities to
persons within the community;
(f) The City has been advised by 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 costs, the Project is
economically more feasible;
(g) A public hearing on the Project,
the financing program and the amendment of
the "Housing Revenue Bond Programs" portion
of the City's 462C Housing Plan therefor was
held at 7:20 p.m. on October 8, 1984, after
notice was published, all as required by
Minnesota Statutes, Section 462C.O50 subd. S.
at which public hearing all those appearing
at said hearing who desired to speak were
heard;
(h) 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 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
construction and equipping of multi - family 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 a total principal amount of approx-
imately $3,800,000 to be issued pursuant to the Act to finance
the construction and equipping of the Project; and said
agreement may also provide for the entire interest of the
Developer therein to be mortgaged to the purchaser or
purchasers of the Bonds, or a trustee for the holder(s) of the
Bonds; and the City hereby undertakes preliminarily to issue
its bonds in accordance with such terms and conditions;
- 17 - 10/8
2. The "Housing Revenue Bond Programs" portion of
the City's 462C Housing Plan as herein proposed to be amended
is hereby approved and adopted and the City Clerk is authorized
and directed to subunit the amended 462C Housing Plan to the
Metropolitan Council for its review and comment. The comments
of the Metropolitan Council, if any; shall be submitted to the
City Council for its consideration;
3. At the option of the Developer, 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 any such
financing structure must be approved by the City;
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 462C.02 of the Act; that
the Project will be primarily occupied, in part, by persons of
low or moderate income; that the availability of the financing
under the Act and the willingness of the City to provide 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
multi - family rental housing opportunities to residents of the
City, to assist in the prevention of the emergence of blighted
and marginal land 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
financing program by the Minnesota Housing Finance Agency (the
"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: In accordance with subdivision 5 of Section
462C.05, Minnesota Statutes, the Mayor of the City is hereby
authorized and directed to submit the program for financing the
Project to the MHFA, requesting its approval, and other
officers, employees and agents of the City are hereby
authorized to provide the MHFA with preliminary information as
it.may require;
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;
- 18 - 10/8
S. Briggs and Morgan, Professional Association,
acting as bond counsel, and Miller & Schroeder Municipals,
Inc., are authorized to assist in the preparation and review of
necessary documents relating to the Project and the financing
program therefor, to consult with the City Attorney, the City's
fiscal consultant, 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
approvals
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 or holders 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. The Bonds shall recite in substance that
the 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;
10. -In anticipation of the approval by the M"A 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 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.
Adopted by the City Council of the City of Maplewood,
Minnesota this 8th day of October, 1984.
Seconded by Councilmember Wasiluk. Ayes - all.
4. 7:30 P.M. Conditional Use Permit - 2646 Maryland Avenue
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Katherine Shonka for a conditional use permit to operate a beauty salon as
a home occupation.
b. Manager Evans presented the staff report.
- 19 - 10/8
c. Commissioner Lorraine Fischer presented the following Planning Commission's
recommendation:
"Commissioner Whitcomb moved the Planning Commission recommend the City Council
adopt the following resolution:
WHEREAS, Katherine Shonka initiated a conditional use permit to operate a
beauty shop as a home occupation at the following - described property:
Lot 3, Block 6, Midvale Acres
This property is also known as 2646 E. Maryland Avenue, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as follows:
1. This conditional use permit was initiated by Katherine Shonka, pursuant
to the Maplewood Code of Ordinances.
2. This conditional use permit was reviewed by the Maplewood Planning Commission
on September 17, 1984. The Planning Commission recommended to the City Council
that said permit be approved.
WHEREAS, Section 36 -66 of the City Code requires home occupations to conform
to the following requirements:
1. Not more than one person, other than members of the family residing on
the premises, shall be allowed to engage in such occupation.
2. An area equivalent to no more than twenty (20) percent of each level of
the dwelling unit floor area shall be used in the conduct of a home occupation.
3. There shall be no change in the outside appearance of the building or
premises, that would indicate the conduct of a home occupation, other than one
sign meeting the requirements of the City sign code.
4. Limited retail sales of products produced off -site may be permitted, but
only when subordinate to the principal activity of the home occupation.
5. No traffic shall be generated by a home occupation in greater volumes
than would normally be expected in a residential neighborhood. The need for off-
street parking shall not exceed more than three off - street parking spaces for
home occupations at any given time, in addition to the parking spaces required
by the resident occupatns.
6. No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes, odors or electrical interference detectable to
the normal senses off the lot. In the case of electrical interference in any
radio or television receiver *, off the premises, or cause fluctuations in line
voltage off the premises.
7. No fire safety or health hazard shall exist.
8. A home occupation shall not include the repair of internal combustion
engines, body shops, machine shops, welding, ammunition manufacturing or other
objectionable uses as determined by the City. Machine shops are defined as places
where raw metal is fabricated, using machines that operate on more than one hundred
twenty (120) volts of current.
- 20 - 10/8
9. Any violation of these requirements shall result in the denial or revocation
of the home occupation.
10. Approval shall be for a period not to exceed one year. Renewal shall
be subject to the provisions of Chapter 17, Article II, of the City Licensing
Code.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the
above - described conditional use permit be approved on the basis of the following
findings -of -fact:
1. The use is in conformity with the City's Comprehensive Plan and with the
purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detrimental to
the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to be compatible
with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to present and
potential surrounding land uses, due to the noises, glare, smoke, dust, odor,
fumes, water pollution, water run -off, vibration, general unsightliness, electrical
interference or other nuisances.
6. The use would generate only minimal vehicular traffic on local streets
and shall not create traffic congestion, unsafe access or parking needs that will
cause undue burden to the area properties.
7. The use would be serviced by essential public services, such as streets,
police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at public cost
for public facilities and services; and would not be detrimental to the welfare
of the City.
9. The use would preserve and incorporate the site's natural and scenic
features into the development design.
10. The use would cause minimal adverse environmental effects.
Approval is granted for one year from the date of Council approval subject to
the following conditions:
1. An exit from the basement in addition to the existing stairway shall be
completed and approved by the City Building Official before customers may be per-
mitted in the shop area. The basement stairway shall also be brought into compli-
ance with the Uniform Building Code (UBC).
2. An operative 10 -pound dry chemical, all purpose fire extinguisher must
be wall mounted and readily available in the beauty shop and a smoke detector
is to be installed near the stairway.
3. Renewal may be granted if all of the home occupation code requirements
have been complied with and no nuisance situations persist.
- 21 - 10/8
i
4. A license shall be obtained from the City Clerk in January, 1985 and every
year thereafter for which the conditional use permit is in effect.
Commissioner Sigmundik seconded. Ayes -- Commissioners Barrett, Ellefson,
Fischer, Larson, Pellish, Sigmundik, Whitcomb."
d. Kathy Shonka, the applicant, stated she agrees to the conditions.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson introduced the following resolution and moved its a
84 - 10 - 150
WHEREAS, Katherine Shonka initiated a conditional use permit to operate a
beauty shop as a home occupation at the following described property:
Lot 3, Block 6, Midvale Acres
This property is also known as 2646 E. Maryland Avenue, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as follows:
1. This conditional use permit was initiated by Katherine Shonka, pursuant
to the Maplewood Code of Ordinances.
ion:
2. This conditional use permit was reviewed by the Maplewood Planning Commission
on September 17, 1984. The Planning Commission recommended to the City Council
that said permit be approved.
3. The Maplewood City Council held a public hearing on October 8, 1984.
Notice thereof was published and mailed pursuant to law. All persons present
at said hearing were given an opportunity to be heard and present written statements.
The Council also considreed reports and recommendtions of the City Staff and Plan-
ning Commission.
WHEREAS, Section 36 -66 of the City Code requires home occupations to conform
to the following requirements:
1. Not more than one person, other than members of the family residing on
the premises, shall be allowed to engage in such occupation.
2. An area equivalent to no more than twenty (20) percent of eachlevel of
the dwelling unit floor area „shall be used in the conduct of a home occupation.
3. There shall be no change in the outside appearance of the building or
premises, that would indicate the conduct of a home occupation, other than one
sign meeting the requirements of the City sign code.
4. Limited retail sales of products produced off -site may be permitted, but
only when subordinate to the principal activity of the home occupation.
- 22 - 10 /8
5. No traffic shall be generated by a home occupation in greater volumes than
would normally be expected in a residential neighborhood. The need for off - street
parking shall not exceed more than three off - street parking spaces for home occupat-
ions at any given time, in addition to the parking spaces required by the resident
occupants.
6. No equipment or process
noise, vibration, glare, fumes,
the normal senses off the lot.
or process shall be used which
or television receivers off the
off the premises.
shall be used in such home occupation which creates
odors or electrical interference detectable to
In the case of electrical interference, no equipment
:reates visual or audible interference in any radio
premises, or caused fluctuations in line voltage
7. No fire safety or health hazard shall exist.
8. A home occupation shall not include the repair of internal combustion
engines, body shops, machine shops, welding, ammunition manufacturing or other
objectionable uses as determined by the City. Machine shops are defined as places
where raw metal is fabricated, using machines that operate on more than one hundred
twenty (120) volts of current.
9. Any violation of these requirements shall result in the denial or revocation .
of the home occupation.
10. Approval shall be for a period not to exceed one year. Renewal shall
be subject to the provisions of Chapter 17, Article II, of the City licensing
code.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above -
described conditional use permit be approved on the basis of the following findings -
of -fact:
1. The use is in conformity with the City's Comprehensive Plan and with the
purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detrimental to
the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to be compatible
with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to present and
potential surrounding land uses, due to the noises, glare, smoke, dust, odor,
fumes, water pollution, water fun -off, vibration, general unsightliness, electrical
interference or other nuisances.
6. The use would generate only minimal vehicular traffic on local streets
and shall not create traffic congestion, unsafe access or parking needs that will
cause undue burden to the area properties.
7. The use would be serviced by essential public services, such as streets,
police, fire protection, utilities, schools and parks.
- 23 - 10/8
8. The use would not create excessive additional requirements at public cost
for public facilities and services; and would not be detrimental to the welfare
of the City.
9. The use would preserve and incorporate the site's natural and scenic features
into the development design.
10. The use would cause minimal adverse environmental effects.
A pproval is granted for one year from the date of Council approval subject to
the following conditions:
1. An exit from the basement in addition to the existing stariway shall be completed
and approved by the City Building Official before customers may be permitted in
the shop area. The basement stairway shall also be brought into compliance with
the Uniform Building Code (UBC).
2. An operative 10 -pound dry chemical, all purpose fire extinguisher must be
wall mounted and readily available in the beauty shop and a smoke detector is
to be installed near the stairway.
3. Renewal may be granted if all of the home occupation code requirements have
been complied with and no nuisance situations persist.
4. A license shall be obtained from the City Clerk in January, 1985 and every
year thereafter for which the conditional use permit is in effect.
Seconded by Councilmember Bastian. Ayes - all.
5. 7:40 P.M. PU D Revision: Sterling Glen
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Castle Design and Development Company to revise the conditional use permit
for Maple Greens planned unit development to substitute 64 rental apartment units
(eight buildings) for 52 quad units (13 buildings) and to vacate the plat and
streets.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Whitcomb moved the planning commission recommend the City Council
adopt the following resolutions vacating the plat and streets and amending the
conditional use permit for the Maple Greens planned unit development to substitute
eight eight -plex apartment structures for 13 four -plex town house (quad) structures
originally approved south of ,Geranium Avenue along Evar Street and Jessamine Avenue
(presently platted as block one and lots one through 36, block two) Sterling Glen
Addition:
WHEREAS, Castle Design and Development initiated a revision to the conditional
use permit for the Maple Greens planned unit development at the following described
property:
Block one and lots one through 36, block two Sterling Glen Addition, Section
25, Township 29, Range 22;
- 24 - 10/8
WHEREAS, the procedural history of this conditional use permit is as follows:
1. This conditional use permit was initiated by Castle Design and Development,
pursuant to the Maplewood Code of Ordinances.
2. This conditional use permit was reviewed by the Maplewood Planning Commission
on September 17, 1984. The Planning Commission recommended to the City Council
that said permit be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above
described conditional use permit revision be approved on the basis of the following
findings of fact:
1. The use is in conformity with the City's Comprehensive Plan and with the
purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detrimental to
the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to be compatible
with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to the present
and potential surrounding land uses, due to the noises, glare, smoke, dust, odor,
fumes, water pollution, water run -off, vibration, general unsightliness, electrical
interference or other nuisances.
6. The use would generate only minimal vehicular traffic on local streets
and shall not create traffic congestion, unsafe access or parking needs that will
cause undue burden to the area properties.
7. The use would be serviced by essential public services, such as streets,
police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at public cost
for public facilities and services; and would not be detrimental to the welfare
of the City.
9. The use would preserve and incorporate the site's natural and scenic features
into the development design.
10. The use would cause minimal adverse environmental effects.
11. The revision is consistent with the original planned unit development.
'a Approval is subject to the following conditions:
1. The applicant vacating the underlying platted lots and street rights of
way from the Sterling Glen Addition.
2. Construction beginning within one year, unless Council authorizes a time
extension, if necessary:
- 25 - 10/8
3. Adherence to the site plan dated September 11, 1984, with the following
revisions:
a. Increase the parking stalls to 20 feet of depth.
b. Increase the separation between the open parking stalls and the dwelling
units to at least 15 feet.
4. Approval of the site, building and landscape plans by the Community Design
Review Baord.
5. Submission of an erosion control plan for approval by the City Engineer.
WHEREAS, Castle Design initiated proceedings to vacate the public interest
in the following described real property:
Block one, lots one through 36, block two, Sterling Glen Addition, Section
25, Township 29, Range 22, including Evar Street and Jessamine Avenue
WHEREAS, the procedural history of this vacation is as follows:
1. This vacation was initiated by Castle Design.
2. A majority of the owners of property abutting said streets have signed
a petition for this vacation.
3. This vacation was reviewed by the Planning Commission September 17, 1984.
The Planning Commission recommended to the City Council that this vacation be
approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that it
is in the public interest to grant the above described vacation.
Commissioner Barrett seconded. Ayes - Commissioners Barrett, Ellefson,
Larson, Pellish, Sigmundik, Whitcomb."
rel
e
Mayor Greavu called for proponents. The following were heard:
Mr. Ken Gervais, Castle Design, the applicant, spoke on behalf of the proposal.
Mayor Greavu called for opponents
Steve Zilensky, 1344 Evar
Judy Stadler, 1142 Evar
Malcolm Johnson, 1139 Ferndale
Tim Kennedy, 1134 Glendon
Jim Bohmen, 1145 Glendon
Mark Bender, 1158 Glendon
Bruce Johnson, 1133 Ferndale
Ron Green, 2522 Rose Avenue
Ron Williams, 1183 Glendon
Thor Becker, 1158 Sterling
Scott Kesler, 1158 Sterling
The following were heard:
- 26 - 10/8
Ron Pierce, 1146 Glendon
Bob Pettitt, 1157 Ferndale.
f. Mayor Greavu closed the public hearing.
g. Councilmember Bastian moved to table the request for change in Maple Green's
P.U.D.
Seconded by Councilmember Anderson. Ayes - all.
h. City Attorney Don Lais was instructed to investigate the easements for Mary
Lake Road.
Mayor Greavu called a recess.
Mayor Greavu reconvened the meeting at 9:17 P.M.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
I.
1. No Parking - County Road D
a. Manager Evans presented the staff report.
b. Mr. Fred Shoot, Emerald Inn,and also the Director of Learning Tree Day Care
Center both spoke regarding the "no parking" restrictions.
c. Councilmember Anderson introduced the following resolution and moved its adoption:
84 - 10 - 151
WHEREAS, a number of larger trucks have been parking along County Road D re-
sulting in restricted sight distance;
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that Ramsey County
is requested to designate both sides of County Road D from White Bear Avenue to
Ariel Street a "No Parking" zone.
Seconded by Councilmember Bastian.
Councilmember Anderson moved to sus
I -3 at this time.
Seconded by Councilmember Bastian.
NEW BUSINESS
Ayes - all.
the "Rules of Procedures" to discuss Item
Ayes - all.
3. Driveway Permit - 2800 White Bear Avenue - Todd
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to approve the request of William Todd, 2800
White Bear Avenue, to keep a concrete slab within the tive toot south se ac
- 27 - 10 /8
Seconded by Councilmember Bastian. Ayes - all.
UNFINISHED BUSINESS (continues)
2. Ordinance on Planning Fees (Second Reading)
a. Manager Evans presented the staff report.
b. Councilmember Bastian introduced the followina ordinance and moved its adoption:
ORDINANCE NO. 573
Section 1. Section 36 -26 of the Zoning Code of the City of Maplewood is hereby
amended as follows:
Section 36 -26. Fees. The following nonrefundable application fees shall
be required:
Zone Change
Conditional Use Permit
Planned Unit Development
Comprehensive Plan Amendment
Variances:
R -1
All other districts
Vacations
Lot Divisions
Preliminary Plat
Home Occupation Permit
Final Plat
$140
140
140
140
40
80
45
30 for each lot created
140
40
15 for an annual renewal
30
Section 2. Section 36 -258 of the Sign Code is amended as follows:
Section 36 -258. Fees.
(1) A sign erection permit fee (except for billboards) shall be paid in accordance
with the following schedule:
Square Feet Fee
1 -
10
$ 10
11 -
25
15
26 -
50
25
51 -
100
60
over
100
110
(2) The fee for erection of billboards shall be $8.00 for the first five square
feet, plus 47Q for each additional square foot.
(3) The annual license fee for billboards shall be $205.
Section 3. This ordinance shall take effect on January 1, 1985.
Seconded by Councilmember Anderson. Ayes - all.
3. Contract With Architectural Alliance
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a. Manager Evans presented the staff report.
b. Mayor Greavu moved to enter into a contract as submitted with Architectural
Alliance regarding the proposed new City Hall.
Seconded by Councilmember Wasiluk. Ayes - all.
4. Ordinance on Liquor License Bonds (Second Reading)
a. Manager Evans presented the staff report.
b. Councilmember Bastian introduced the following ordinance and moved its adoption:
ORDINANCE NO. 574
An Ordinance Regarding Liquor License Bonds
Section 1. Section 5 -109 of the Maplewood City Ordinances regarding bonds required
from licensees is hereby amended to read as follows:
(a) No "on sale" license under this division shall be granted until a bond
in the amount of three thousand dollars ($3,000.00) has been furnished, approved
by the City Council and filed with the proper City officers. Such bond shall
cover both the regular "on sale" license and any Sunday sales license issued to
the same licensee.
(b) No "off sale" license under this division shall be granted until a bond
in the sum of one thousand dollars ($1,000.00) shall be furnished and approved
by the State Commissioner of Public Safety and the City Council, and filed with
the proper City Officers.
(c) The surety on a bond required by subsection (a) or (b) of this section
shall be a surety company duly licensed to do business in the State and the bond
shall be approved as to form and execution by the City Attorney.
(d) All bonds required by subsection (a) or (b) of this section, when approved
by the proper City or State officers, shall be deposited with the City Clerk.
(e) All bonds required by subsection (a) or (b) of this section, whether
for an "off sale" or "on sale" license, shall be conditioned as follows:
(1) That the licensee will obey the law relating to such licensed business.
(2) That the licensee will pay to the City, when due, all taxes, license
fees, penalties and other charges provided by law.
(3) That in the event of any violation of the provisions of any law re-
lating to the business which the license has been granted for the sale of
intoxicating liquor, such bond shall be forfeited to the City or in lieu of
forfeiture at the City's option, and upon agreement of the City and licensee
the licensee shall pay to the City an agreed amount up to the total amounts
of the bond.
(4) That the licensee will pay, to the extent of the principal amount
of such bond, any damages for death or injury caused by or resulting from
the violation of any provisions of law relating to the business for which
such licensee has been granted a license, and further conditioned that such
recovery may be had also against the surety on his bond. The amount specified
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I
in any bond required is declared to be a penalty and the amount recoverable
shall be measured by the actual damages, provided however, that the surety
thereon shall not be liable for any amount in excess of the penal amount of
the bond.
(5) All such bonds shall be for the benefit of the obligee and all persons
suffering damages by reason of the breach of the conditions thereof. Such
bonds shall run to the City as obligee, and in the event of a forfeiture of
any such bond for violation of the law, the District Court of Ramsey County
may forfeit the penal sum of the said bond, or any part thereof, to the City.
( Code 1965, SS 703.080; Ord. No. 229, SS 3, 9- 26 -67).
State law reference - Amounts and conditions of bonds furnished by "off sale"
and "on sale" intoxicating liquor licensees, M.S. SS 340.12.
Section 2. This ordinance shall take effect upon its passage and publication.
Seconded by Mayor Greavu.
NEW BUSINESS (continued)
1. P.E.R.A. Resolution
a. Manager Evans presented the staff report.
Ayes - all.
b. Councilmember Bastian introduced the following resolution and moved its
84 - 10 - 152
WHEREAS, approximately 113 City of Maplewood employees are members of the
Public Employees Retirement Association (PERA); and
WHEREAS, cities raise property taxes which are contributed to PERA as the
employer share of retirement benefits for City employees; and
ion:
WHEREAS, the Association of Minnesota Counties' trustee on the PERA Board,
in conjunction with the League of Cities appointed trustee and other appointed
and elected trustees, raised significant questions regarding the appointment process
used to hire an interim exective director of PERA;
NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood supports the actions
of the Association of Minnesota Counties' trustee and other members to remove
the interim director and to proceed with an open process of selection for PERA
executive director.
BE IT FURTHER RESOLVED that the Legislative Auditor conduct a five year com-
pliance audit of the PERA fiscal operations.
BE IT FURTHER RESOLVED, that the City of Maplewood will not enter into any
services offered by PERA (such as life insurance or auto insurance programs) until
it is clear that the management of PERA is consistent with good public policy.
Seconded by Mayor Greavu.
Ayes - all.
2.' Questions by Ted DeZurich - Sprinklers
a. Mr. Ted DeZurick, representing Bennington Woods Development, spoke regarding
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the requirements in appendix E of the State Fire Code pertaining to sprinkling
of new construction.
b. Mr. Richard Brooks, Director from the State Building Code Division, explained
the requirements.
c. The following developers expressed their views:
Mr. Fred Haas, Marvin Anderson Construction
Mr. Greg Schmidt, Castle Design.
d. The following Fire Department personnel expressed the need for sprinkling
systems:
Mr. Don Hove, East County Line Fire Department
Mr. Thor Bodsgard, Parkside Fire Department.
e. Councilmember Anderson moved that no action on the matter be taken.
Seconded by Mayor Greavu. Ayes - Mayor Greavu; Councilmembers
Anderson and Maida.
Nays - Councilmembers Bastian and Wasiluk.
J. VISITOR PRESENTATIONS
1. David Trepanier
a. Mr. David Trepanier spoke on behalf of his father Francis Trepanier who owns
the dwelling at 2810 White Bear AVenue. The dwelling is being used as a four -
plex, but is zoned for R -2 (double dwelling).
b. No action taken.
K. COUNCIL PRESENTATIONS
1. Highwood Avenue
a. Councilmember Maida stated she had received another call from Mr. Poppert
regarding the pipe under his driveway.
b. Staff stated the owner is required to install the pipe himself.
2. Storm Shelters
a. Councilmember Anderson commented on culvert construction being used as storm
shelters. Mr. Peterson (Rolling Homes Mobile Home Park) is interested in this
type of storm shelter.
_i
L. ADMINISTRATIVE PRESENTATIONS
1. Council Meeting of November 11, 1984
a. Council changed meeting date of November 11, 1984 (as it is a holiday) to
November 8, 1984 at 7:00 P.M. at City Hall.
3. Budget Transfer
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a. Councilmember Wasiluk moved to approve a budget transfer of $1,600.00
from the Telephone Study Account to Elections for the purchase of wo
use vo inq machines.
Seconded by Councilmember Anderson.
M. ADJOURNMENT
11:20 P.M.
Ayes - all.
MV0
r
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