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HomeMy WebLinkAbout10.28.85 MINUTES OF MA.PLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 28, 1985 Council Chambers, Municipal Building Meeting No. 85-23 A. CALL TO ORDER A regular meeting ofthe 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 Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Coun cilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting 85-21 (October 9, 1985) Councilmember Anderson moved that the Minutes of Meeting No. 85-21 (October 9, 1985) be approved as submitted. Seconded by Councilmember Maida. Ayes - all. 2. Meeting No. 85-22 (October 18, 1985) Councilmember Maida moved that the Minutes of Meeting No. 85-22 (October 18, 1985) be approved as submitted. Seconded by Councilmember Bastian. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Archer Heights 2. Citizens' Concerns 3. Frost Avenue Storm Sewer 4. Don Jahn Property. 5. Phalen Place Lights 6. Sf..Johns 7. Certification of Sewer Utility Accounts 'y 8. I.R.B.'s Edina Realty & C-•and White Bear Associates 9. Personnel Matter Seconded by Councilmember Bastian. Ayes - all. 10/28 E. CONSENT AGENDA Council removed Items 2, 4 and 5 from the Consent Agenda, not for discussion purposes, but for separate voting. Councilmember Bastian moved, Seconded by Councilmember Maida, Ayes - all, to approve Items 1, 3, 6, 7, '8 and 9 of the Consent Agenda as recommended. 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses Check Register dated October 17, 1985, through October 21, 1985 - $451,390.45 Part 2I, Payroll dated October 18, 1985, gross amount $121,192.79) in the amount of $572,583.24. 3. Certification of Election Judges Resolution No. 85 - 10 - 158 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 1985 General Election, Tuesday, November 5, 1985: Presinct No. 1 Precinct No. 6 Eleanor Mathews, Chairman Kathy Supan, Chairman Lorraine Schneider Gunborg Mowchan Agnes Allen Linda Prigge Idamae Biebighauser Judy Widholm Precinct No. 2. Precinct No. 7 Pat Thompson, Chairman Myrtle Malm, Chairman Kathleen Dittel Betty Haas Bea Hendricks Armella Podgorski Florence Stella Joan Cottrell Precinct No. 3 Precinct No. 8 Charlene Arbuckle, Chairman Lorraine Fischer, Chairman Barb Leiter Betty Berglund Doris Broady Rita Frederickson Alice Miller Paul Arbuckle Precinct No. 4 Precinct No. 9 Jack Arbuckle, Chairman Mary Johnson, Chairman Caroline Warner Delores Mallet ''"i Joyce Lipinski Margaret McDonald Marjory Tooley Theodore Haas Precinct No. 5 Precinct No. 10 Elsie Wiegert, Chairman Anne Fosburgh, Chairman Emma Klebe Mary Lou Lieder Sibbie Sandquist Dorothy Arbore Phyllis Erickson Pat Werden - 2 - 10/28 Precinct No. 12 Precinct No. 11 Delores Lofgren, Chairman Mary Libhardt, Chairman Maxine Olson Deloris Fastner Shirley Luttrell Mildred Dehen Orpha Getty 6. Budget Transfer Approved the budget transfer of$14,000.00 from the General Fund Contingency Account the Street Maintenance materials account to provide for the purchase of 1200 tons of sand and salt mixture. 7. City Hall Plans Resolution No. 85 - 10 - 159 WHEREAS, plans for a new City Hall building have been approved with a sanitary sewer connection to a North St. Paul interceptor sewer, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA: That the proposed sanitary sewer connection is hereby approved and is consistent with the approved sewer plan. 8. Time Extension Schwichtenberg's Second Addition Approved a one-year time extension for the Schwichtenberg's 2nd Addition preliminary plat for thirteen single-dwelling lots, three outlots and a large remnant lot to be developed as a second phase. - 9. Final Plat Crestview Forest Third Addition Approved the final plat of Phase Three of the Crestview Forest Town House planned unit development known as the Crestview Forest Third Addition final plat. 4. Non-Union Salaries Councilmember Bastian moved the 1986 non-union salaries be established as 4 1/2 per cent increase plus $50.00 per month City contribution would be made to the deferred compensation program for each full-time employee as presented. Seconded by Councilmember Anderson. Ayes - all. 3 5. Travel and Training Policy Councilmember Bastian moved to approve the following amendment to the Travel and Training policies: For out-of-state training approved by the City Manager, the City wLll ' pay for the conference fee, two-thirds of the transportation cost and up to $50.00 per day for meals and lodging. Seconded by Councilmember Maida. Ayes - all. - 3 - 10/28 2. Designation ofDepository Councilmember Maida introduced the following resolution and moved its adoption: 85 - 10 - 160 BE IT RESOLVED, that Investors Savings Bank be and hereby is selected as a depository for time deposits of the City of Maplewood, and BE IT FURTHER RESOLVED, that the deposits in the above depository shall not exceed the amount of F.S.L.I.C. insurance covering such deposits unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED, that funds in the above depository may be with- drawn and wire transferred to any other official depository of the City by _ the request of the City Treasurer or Finance Director, and BE IT FURTHER RESOLVED, that this depository designation is effective indefinitely. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, , Councilmembers Anderson and Maida Nays - Councilmembers Bastian and Wasiluk. PUBLIC HEARINGS 1. 7:00 P.M., Rezonings Kohlman Avenue, East of T.H. 61 a. Mayor Greavu convened the meeting for a public hearing regarding the proposed rezoning of the .area of Kohlman Avenue and T.H. 61 as follows: Rezone eight single dwelling properties from M-1 Light manufacturing to R-1 single dwellingand rezone the southeasterly part of the north 200 feet of 1293 Kohlman Avenue from R-1 to M-l. b. Director of Community Development Olson presented the Staff report. c. Commissioner Ralph Sletten presented the Planning Commission recommendation. d. Mr. Jonathon Buesing, one of the owners of the property involved, stated he supported the Planning Commission's recommendation. e. Mayor Greavu called for proponents. None were heard. :e 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 adoption: - 4 - 10/28 85 - 10 - 161 WHEREAS, the City of Maplewood initiated a rezoning from R-l, residence district (single dwelling) to M-1, light manufacturing for the following- described property: That part of Lot 12, Kohlman's Lakeview Addition, lying east of a line beginning at the Northeast corner and ending at a point on the West line thereof, 200 feet south of the Northwest corner This property is also known as 1293 Kohlman Avenue, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on September 16, 1985. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The ;Maplewood City Council held a public hearing on October 28, 1985, to consider this rezoning. 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 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 rezoning be approved on the basis of the following findings of fact: 1. Use of this area will require combination with the M-1 property to the north or east. 2. Poor soils and the inability to provide access from the east, preclude the use of this area for residential purposes. 3. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 4. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 5. The proposed change will serve the best interests and conveniences of 'i the community, where applicable, and the public welfare. 6. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools, ,Seconded by Councilmembex Bastian. Ayes - all. - 5 - 10/28 i. Councilmember Anderson introduced the following resolution and moved its adoption: - 85 - 10 - 162 WHEREAS, the City of Maplewood initiated a rezoning from M-1, light manufacturing to R-1, residence district (single dwelling) for the following- described properties: The following lots or portions of the following described lots lying westerly of a line beginning at the Northeast corner of Lot 12, and ending at the Southwest corner of Lot 5, Kohlman's Lakeview Addition: 1. Lots 4 through 9, Lots 13 through 17, except the North 200 feet and the South half of Lot 18, Kohlman's Lakeview Addition 2. Subject to County Road C, the East 66 feet of the South 383.3 feet of the Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 4, Township 29, Range 22; 3. Beginning at a point 531.75 feet west and 378.4 feet south of the Northeast corner of the Southeast 1/4 of the Southeast 1/4, thence south 215.7 feet to the Northeasterly line of Kohlman Avenue, thence north 50 degrees 36 minutes west on said Northeasterly line 108 feet, thence north 67 degrees 12 minutes west on said Northeasterly line 70 feet, thence north 22 degrees, 48 minutes east 100 feet, thence north 76 degrees, 40 minutes east 116.3 feet to the point of beginning in the Southeast 1/4 of the Southeast 1/4 of Section 4, Town- . ship 29, Range 22. These properties are also known as 1247, 1257, 1263, 1281, 1287, 1244, 1250 and 1264 Kohlman Avenue and 1237, 1243, 1251 and 1255 County Road C, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on September 16, 1985w The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on October 28, 1985, 'i to consider this rezoning. 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 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 rezoning be approved on the basis of the following findings of fact: 1. All of the properties are developed with single dwellings consistent with theComprehehsive Plan. - 6 - 10/2S 2. Rezoning is needed to eliminate the undesirable possibility of commercial uses being started among single dwellings. 3. The neighborhood character would be strengthened by an R-1 zone. 4. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 5. The proposed change will not substantially injure or detract from the use of neighboring property or. from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safe- . guarded. 6. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 7. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facili- ties, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Bastian. Ayes -all. 2. 7:10 P.M., Tax Increment Financing a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to develop a tax-increment financing plan and development program. b. Director of Community Development Olson presented the Staff report. c. Commissioner Ralph 5letten presented the Planning Commission recommenda- tion. d. Mary Ippel, Briggs and Morgan, CityBOnd Consultant, explained the specifics of tax increment financing programs. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: Marilyn Vors, School District 622 Board member Dave Selgren, representing Robert Hajicek Ken Gervais, Castle Design and Development George Rossbach, 1406 E. County. Road C !i f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 85 - 10 - 163 - 7 - 10/28 RESOLUTION APPROVING DEVELOPMENT DISTRICT NO. 1 AND THE DEVELOPMENT PROGRAM RELATING THERETO, ECONOMIC DEVELOPMENT DISTRICT NO. 1-1, HOUSING DISTRICT N0. 1-1 AND HOUSING DISTRICT NO. 1-2 AND THE TAX INCREMENT FINANCING PLAN RELATING THERETO WHEREAS: A. It has been proposed that the City of Maplewood create Development District No. 1 and adopt a development program with respect thereto and create Economic Development District No. 1-l, Housing District No. 1-1 and Housing District No. 1-2 (collectively the "Tax Increment Districts") within Develop- ment District No. 1 and adopt a tax increment financing plan with respect _ thereto and under the provisions of Minnesota Statutes, Section 273.71 to _ 273.78 and Chapter 472A (collectively the "Act"); B. The Council has investigated the facts and has caused to be prepared a development program and tax increment financing plan for Development District No. 1, and has caused to be prepared a proposed tax increment financing plan for the Tax Increment Districts. 0. The City has performed all actions required by law to be performed prior to the creation of Development District No. 1 and the Tax Increment Districts and the adoption of the proposed development program and tax incre- ment financing plan relating thereto, including, but not limited to, notifi- cation of Ramsey County and Independent School District No. 622 and Special Intermediate School District No. 916having taxing jurisdiction over the property to be included in the TaxIncrement Districts, a review by the City Planning Commission of the proposed Development Program for Development District No. 1, 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 Maple- wood as follows: 1. Development District No. 1. There is hereby established in the City of Maplewood Development District No. 1, the initial boundaries of which are fixed and determined as shown on the attached Exhibit A. 2. Development Program. The development program for Development District No. 1, a copy of which is on file in the office of the City Manager, is adopted as the Development Program for Development District No. 1. ~I; 3. Tax Increment Districts. (a) There is established in the City of Maplewood within Development District No. 1 a tax increment financing district to be known as "Economic Development District No. 1-l, "the initial boundaries of which are fixed and determined as shown on the attached ExhibitB incorporated herein by refer- ence. - 8 - 10/28 (b) There is established in the City of Maplewood within Development District No. 1 a tax increment financing district to be known as Housing Dis- trict tSO. 1-1 the initial boundaries of which are fixed and determined as shown on the attached Exhibit C incorporated herein by reference. (c) There is established in the City of Maplewood within Development District No. 1 a tax increment financing district to be known as Housing District No. 1-2 the initial boundaries of which are fixed and determined as shown on the attached Exhibit D incorporated herein by reference. 4. Tax Increment Financing Plan. The tax increment financing plan is adopted as the tax increment financing plan for the Tax Increment Financing Districts, and the City Council makes the following findings: (a) Economic Development District No. 1-1 is an economic development district as defined in Minnesota Statutes, Section 273.73, the specific basis for such determination being: Economic Development District No. 1-1 is being created so that the tax increments derived therefrom can be used to fund the public improvements set forth in the development program which will stimulate additional de- velopment in Development District No. 1, thereby creating new jobs and expanding the City's tax base. (b) Housing District No. 1-1 and Housing District No. 1-2 are housing districts as defined in Minnesota Statutes, Section 273.73, the specific basis for such determination being: Housing District No. 1-1 and Housing District No. 1-2 each consist of rental housing projects. Not less than twenty percent of the rental units within both Housing District No. 1-1 and Housing District No. 1-2 will be rented to low and moderate income persons and families which are defined by federal law to be persons and families whose income does not exceed eight percent - of the median family income for the Saint Paul/Minne- apolis area. (c) The proposed redevelopment in the opinion of the City Council, would not occur solely through private investment within the reasonable fore- seeable future and therefore the use of tax increment financing is deemed necessary. The reasons supporting this finding are that: 'a The development activities within Development District No. 1 to be financed by tax increment financing are not financeable using traditional methods of municipal financing. Private in- vestment will not finance these development activities because of prohibitive costs. It is necessary to finance these develop- ment activities through the use of tax increment financing so that other development by private enterprise will occur within ' Development District No. 1. - 9 - 10/28 _ (d) The tax increment financing plan for the Tax Increment Districts conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: (1) The Tax Increment Districts are properly zoned; (2) The tax increment financing plan will generally compliment and serve to implement policies adopted in the City's Com- prehensive Plan. (e) 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 the Tax Increment Districts by private enter- prise. The reasons supporting this finding are that: As previously stated the development activities, consist- . ing of public improvements, to be financed by tax incre- ment financing are necessary so that additional commercial - and housing development by private enterprise can occur within Development District No. 1. 5. Public Purpose. The development program for Development District No. 1 and the adoption of the tax increment financing plan for the Tax Increment Districts conform 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. 6. Certification. The Auditor of Ramsey County is requested to certify the original assessed value of the Tax Increment Districts as described in the tax increment financing plan, and to certify in each year thereafter the amount by which the original assessed value has increased or decreased in accordance with the Act; and the Acting City Manager is authorized and - directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the Tax Increment Districts for which building permits - have been issued during the 18 months immediately preceding the adoption of this Resolution. 7. Filing. The Acting City Manager is further authorized and directed i to file a copy of the development program and tax increment financing plan for the Tax Increment Districts with the Commissioner of Energy and Economic Development. 8. Administration. The administration of Development District No. 1 is assigned to the Acting City Manager who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 4727x.09 and 472.10 as the City Council may deem appropriate. - 10 - 10/28 Seconded by Councilmember Anderson. h. Councilmember Bastian moved to amend the previous resolution to allocate $1,000,000 for the McKnight Road water line and the water tower and the re- mainder of the $4,246,000 be allocated to undesignated projects. Seconded by Councilmember Anderson. Ayes - all. Voting on original motion Ayes - all. 3. 7:20 P.M., Plan Amendment and Feasibility Southlawn Drive a. Mayor Greavu convened themeeting for a public hearing regarding a proposal to amend the land use plan to designate the Southlawn Drive corridor as a major collector street and to find the construction of Southlawn Drive to be con- sistent with the revised land use plan. b. Acting City Manager Haider presented the Staff report. c. Mayor Greavu called for persons who wished to be heard for or against the proposals. The following were heard: Thomas Zacharias, C.P. David 5elgren, representing Robert Hajicek Richard Dreher, Joseph Co. Steven Korstad, representing his father, William Korstad David Bishop, representing William Korstad Albert Goins, representing his mother, Jean Goins Kenneth Bowser James Brill, attorney for United Artists d. Mayor Greavu closed the public hearing. e. Councilmember Anderson moved the feasibility of constructing Southlawm from Beam Avenue to County Road D and that the owners of property the length of the roadway dedicate the necessary right of way. Seconded by Councilmember Wasiluk. Councilmember Bastian moved to table these items until the Meeting of November 6, 1985. - Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian, Maida and Wasiluk Nay - Councilmember Anderson 3 4. Kennel Permit 1497 E. Larpenteur Avenue a. Mayor Greavu stated the applicant has withdrawn her application for a kennel license. The applicant, Lisa Thell, stated she is removing one dog from the property. 'b. The following area residents expressed their concerns regarding the dogs at 1497 E. Larpenteur Avenue: Mrs. Peg Pollo, 1712 Barclay St. - 11 - 10/28 Mr. John Bergquist, 1707 Barclay Street c. Council directed Staff to make sure that there are only two (2) dogs at 1497 E. Larpenteur and to take whatever steps necessary to insure that the animal control ordinance is enforced. 5. 7:40 P.M., I.R.B. C.S.M., Inc. a. Mayor Greavu stated C.S.M., Inc., had withdrawn their request for an I.R.B. b. Mary Ippel, Briggs and Morgan, bonding consultant, stated Edina Realty - and C and White Bear Associates are requesting I.R.B.'s in place of the al- location for C.S.M., Inc. c. Mayor Greavu introduced the following resolution and moved its adoption: 85 - 10 - 164 - RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act"), gives munici- palities the power to issue revenue bondsfor the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of. blighted and marginal lands and areas of chronic unemployment; (b) The City Council of the City of Maplewood, Minnesota, (the "City"), has received from a general partnership to be organi- zed under the laws of the State of Minnesota with Ron Peltier, Larry Davis and Richard Olson, as the general partners (the "Company"), a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds ' (which may be in the form of one or two single debt instrument) (the "Bonds") pursuant to the Act; and (c) Before proceeding with consideration of the request of the Company, it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota !a Statutes: ~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. A public hearing on the proposal of the Company will be held at thetime and place set forth in the Notice of Hearing hereto attached. - 12 - 10/28 2. The generalnature of the proposal and an estimate of the prin- cipal amount of bonds to be issued to finance the proposal are described in the attached form of Notice of Hea'ri'ng. 3. A draft copy of the proposed application to the Commissioner of Energy and Economic Development, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the Clerk. 4. The Clerk is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper and also in a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR COMMERCIAL FACILITIES DEVELOPD4ENT PROJECT Notice is hereby given that the City Council of the City of Maplewood, Minnesota, will meet at the City Hall in the City of Maplewood, Minnesota, at 7:10 P.M, on November 25, 1985, to consider the proposal of a Minnesota general partnership to be formed with Ron Peltier, Larry Davis and Richard Olson, as the general partners (the "Company"), that the City assist in financing a project hereinafter described by the issuance of a series of industrial development revenue bonds. Description of Project Land acquisition, construction and equipping of an approximately 21,000 square foot office facility located on the East side of White Bear Avenue between Lydia Avenue and Beam Avenue directly North of the Maplewood East Shopping Center in the City. The maximum aggregate estimated principal amount of bonds or other obligations to be issued to finance each project.is $1,500,000. The project will be initially owned and operated by the Company and is to be leased to Edina Realty. The bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project, and such bonds or obligations will not be a charge against the City's general credit or taxing powers but will be payable from sums to be paid by the Company pursuant to revenue agreements. a a. Draft copies of the proposed applications to the Commissioner of Energy and Economic Development, State of Minnesota, for approval of the projects, together with all attachments and exhibits thereto, is available for public inspection from 9:00 a.m. to 5:00 p.m., Monday through Friday, at the City Hall in Maplewood, Minnesota. - 13 - 10/28 At the time and place fixed for the Public Hearing, the City Council of the City of Maplewood will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. In addition, interested persons may file written comments respecting the proposal with the Clerk at or prior to said public hearing. Dated this 28th day of October, 1985. (BY ORDER OF THE CITY COUNCIL) - By Lucille Aurelius /s/ Clerk Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk Councilmember Bastian abstained. d. Mayor Greavu introduced the following resolution and moved its adoption: 85 - 10 - 165 RESOLUTION RECITING A PROPOSAL FOR A COMPS RC IAL FACILITIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THF. MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF THE PROJECT TO THE COMMISSIONER OF ENERGY AND ECONOMIC DEVELOPMENT OF THE STATE OF MINNESOTA, AND AUTHORIZING THE PREPARATION OF NECESSARY D0CUDSENT5 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 economically sound industryand 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 develop- `i ment of economically sound industry and commerce are the increasing concentration of population in the metropolitan governmental ser- vices 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; - 14 - 10/28 (c) The City Council of the City of Maplewood, Minnesota, (the "'City"), has received from a general partnership to be or- ganized under the laws of the State of Minnesota with Ron Peltier, Larry Davis and Richard Olson, as the general partners (the "Com- pany"), 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 selective development of the community,. retain and improve the tax base and help to pro- vide 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 valua- tion 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 Project to be financed by the Revenue Bonds is an approximately 21,000 square foot office facility to be located on the East side of White Bear Avenue between Lydia Avenue and Beam _ Avenue directly North of Paplewood East Shopping Center inthe City and consists of the acquisition of land and the construction of buildingsand improvements thereon and the installation of equip- ment therein, all to be constructed pursuant to the Company's specifications and to be initially owned and operated by the Com- pany and leased to Edina Realty (the "Project"), and will result in the employment of additional persons to work within the new facilities; (f) The City has been advised by representatives of the Com- pany that conventional, commercial financing to pay the caAital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of oper- ating the Project would be significantly reduced, and the Company has also advised this Council that~the Project would not be under- taken but for the availability of industrial development bond financing; (g) Pursuant to a resolution of the City Council adopted on October 28, 1985, a public hearing on the Project will be held on November 25, 1985, after notice is 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 desire to speak will be 'i heard and written comments will be accepted; and (h) Prior to the holding of said public hearing, it is neces- sary and convenient to notify the Commissioner of Energy and Econo- mic Development (the "Commissioner") ofthe City's intention to issue its commercial development revenue bonds for this Project; and - 15 - 10/28 (i) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of the Company that the City undertake the Project pursuant to the Act and pursuant to a revenue agreement between the City and Company con- taining such terms and conditions (with provisions for revision from time to time as necessary) as may be necessary to produce income and revenues sufficient to pay, when due, theprincipal of and interest on the Revenue Bonds in the maximum aggregate principal amount of $1,500,700, to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project. Said revenue agreement may also provide for the entire interest of the Company therein to be mort- gaged to the purchaser of the Revenue Bonds. The City hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions. 2. On the basis ofinformation 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 Sub- division la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01 of the Act; that the Project would not be undertaken but for the availability of industrial development bond financing under the Act and the willingness of the City to furnish such financing; 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 opportuni- ties 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 useof land within the City, and eventually to increase the taxbase of the community. 3. The Project is hereby given preliminary approval by the City subject to later preliminary approval by this City Council after a hearing on the Project and further subject to the approval of the Project by the Commis- sioner or such other state officer having authority to grant approval and subject to final approval by this Council, the Company, and the purchaser 'i'a of the Revenue Bonds as to the ultimate details of the financing of the Project. 4. The 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 Commissioner, will be paid by the Company. - 16 - 10/28 5. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project and the notification of - the Commissioner of the City's intent to issue its commercial develop- ment revenue bonds for this Project, and to submit such documents to the Mayor or Clerk or both for submission to the Commissioner. 6. The Mayor or Clerk or both are hereby authorized and directed to submit to the Commissioner on or before October 31, 1985, a certi- fied copy of this resolution as necessary evidence and notice of the City's intent to issue its commercial development revenue bonds for this Project on or before December 31, 1985. 7. Nothing in this resolution or in the documents prepared pur- suant 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. 8. In anticipation of the approval by the Commissioner and the issuance of the Revenue Bonds to finance all ora portion of the Project, and in anticipation that the City will procure and devote to the Revenue Bonds an adequate allocation of authority to issue private activity bonds (which allocation is not made hereby), and in order that completion of the Project will not be unduly delayed when approved, the Company is hereby authorized to make such expen- ditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as the Company considers 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. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk Councilmember Bastian abstained. e. Mayor Greavu introduced the following resolution and moved its adoption: - 85 - 10 - 166 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL li INDUSTRIAL DEVELOPMENT ACT, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act"), gives munici- ' palities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted a.nd marginal lands and areas of chronic unemployment; - 17 - 10/28 (b) The City Council of the City of Maplewood, Minnesota (the "City"), has received from C and White Bear Avenue Associ- ates, a general partnership to be organized under the laws of the State of Minnesota with Gerald C. Mogren, as a general partner (the "Company"), a proposal that the City assist in financing a project hereinafter described, through the issuance it its in- dustrial revenue bonds (which may be in the form of one or two single debt instrument) (the "Bonds") pursuant to the Act; and (c) Before proceeding with consideration of the request of the Company, it is necessary for the City to hold a public hear- ing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. A public hearing on the proposal of the Company will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the attached form of Notice of Hearing. 3. A draft copy of the proposed application to the Commissioner of Energy and Economic Development, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the Clerk. 4. The Clerk is hereby authorized and directed to cause notice of the hearing to be given one publication in the official. newspaper and also in a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. , NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR COMMERCIAL FACILITIES DEVELOPMENT PROJECT Notice is hereby given that the City Council of the City of Maplewood, Minnesota, will meet at the City Hall inthe City of Maplewood, Minnesota, at 7:20 P.M, on November 25, 1985, to consider the proposal of C and White Bear Avenue Associates, a Minnesota general partnership to be formed with Gerald C. Mogren, as a general partner (the "Company"), that the City ',a assist in financing a project hereinafter described by the issuance of a series of industrial development revenue bonds. Description of Project Land acquisition, construction and equipping of an approximately 21,000 square foot retail shopping center to be located at the northwest corner of the intersection of County Road C and White Bear Avenue in the City. - 18 - 10/28 The maximum aggregate estimated principal amount of bonds or other obligations to be issued to finance each project is $900,000. The project will be initially owned and operated by the Company and is to be leased to various parties. The bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project, and such bonds or obligations will not be a charge against the City's general credit ortaxing powers but will be payable from sums to be paid by the Company pursuant to revenue agreements. Draft copies of the proposed applications to the Commissioner of Energy and Economic Development, State of Minnesota, for approval of the projects, together with all attachments andexhibits thereto, is available for public inspection from 9:00 a.m. to 5:00 p.m., Monday through Friday, at the City Hall in Maplewood, Minnesota. At the time and place fixed for the Public Hearing, the City Council of the City of Maplewood will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. In addition, interested persons may file written comments respecting the - proposal with the Clerk at or prior to said public hearing. Dated this 28th day of October, 1985. (BY ORDER OF THE CITY COUNCIL) By Lucille Aurelius /s/ Clerk Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers - Anderson, Maida and Wasiluk. Councilmember Bastian abstained. f. Mayor Greavu introduced the following resolution and moved its adoption: 85 - 10 - 167 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO TAE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION 'i FOR APPROVAL OF THE PROJECT TO THE COMMISSIONER OF ENERGY AND ECONOMIC DEVELOPMENT OF THE STATE OF MINNESOTA, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION 6VITH THE PROJECT - 19 - 10/28 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 economically sound industry and commerce to prevent so far as pos- sible 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 concentra- tion 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 develop- ment 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, Minnesota, (the "City"), has received from C and White Bear Avenue Associates, a general partnership to be organized under the~laws of the State of Minnesota with Gerald C. Mogren, as a general partner (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 selective development of the community, retain and improve the tax base and help to provide the range_of services and employment opportunities required bythe 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 com- munity; -(g) The Project to be financed by the Revenue Bonds is an ap- proximately 21,000 square foot retail shopping center facility to be located at the northwest corner of the intersection of County Road C and White Bear Avenue in the City and consists of the acqui- sition of land and the construction of buildings and improvements thereon and the installationof equipment therein, all to be con- structed pursuant to the Company's specifications and to be initially owned and operated by the Company and leased to various parties (the "Project"), and will result in the employment of additional 'b persons to work within the new facilities; (f) The City has been advised by representatives of the Com- pany 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, and the - 20 - 10/28 Company has also advised this Council that the Project would not be undertaken but for the availability of industrial develop- ment bond financing; (g) Pursuant to a resolution of the City Council adopted on October 28, 1985, a public hearing on the Project will be held on November 25, 1985, after notice is 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 desire to speak will be heard and written comments will be accepted; - (h) Prior to the holding of said public hearing, it is necessary and convenient to notify the Commissioner of Energy - and Economic Development (the "Commissioner") of the City's in- tention to issue its commercial development revenue bonds for this Project; and (i) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of the Company that the City undertake the Project pursuant to the Act and pursuant to a revenue agreement between the City and Company con- . taining such terms and conditions (with provisions for revision from time to time as necessary) as may be necessary 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 $900,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project. Said. revenue agreement may also provide for the entire interest of the Company therein to be mortgaged to the purchaser of the Revenue Bonds. The 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 of more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the 'i Project furthers the purposesstated in Section 474.01 of the Act; that the Project would not be undertaken but for the availability of indus- trial development bond financing under the Act and the willingness of the City to furnish. such financing; and that the effect of the Project, ifundertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emer- gence of blighted and, marginal land, to help prevent chronic unemploy- ment, to help the City retain and improve the tax base and to provide - 21 - 10/28 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 in- crease the tax base of the community. 3. The Project is hereby given preliminary approval by the City subject to later preliminary approval by this City Council after a hearing on the Project and further subject tothe approval of the Project by the Commissioner or such other state officer having author- ity to grant approval and subject to final approval by this Council, the Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project. 4. The 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 Commissioner, will be paid by the Company. 5. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of neces- sary documents relating to the Project and the notification of the Com- missioner of the City's intent to issue its commercial development reve- nue bonds for this Project, and to submit such documents to the Mayor or - Clerk or both for submission to the Commissioner. 6. The Mayor or Clerk or both are hereby authorized and directed to submit to the Commissioner on or before October 31, 1985, a certified copy of this resolution as necessary evidence and notice of the City's intent to issue its commercial development revenue bonds for this Project on or before December 31, 1985. 7. Nothing in this resolution or in the documents prepared pur- suant hereto shall authorizethe expenditure of any municipal funds on the Project other than the revenues derived from the Project or other- wise granted to the City for this purpose. - 8. In anticipation of the approval by the Commissioner and the issuance of the Revenue Bonds to finance all or a portion of the Project, and in anticipation that the City will procure and devote to the Revenue Bonds an adequate allocation of authority to issue private activity bonds (which allocation is not made hereby), and in order that completion of the Project will not be unduly delayed when approved, the Company is here- - by authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds I+ of the Revenue Bonds as the Company considers necessary, including the use of interim, short-term financing, subject to reimbursement from the pro- ceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the City. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk Councilmember Bastian abstained. - 22 - 10/28 6. 7:50 P.M., Rezoning North of Gervais, East of T.H. 61 a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to rezone the Miggler Truck Farm property from .12-1 single dwelling to M-1 Light Manufacturing and the rezoning of a piece of City property, lying west of Gerten's Pond, from F, farm to M-1 Light Manufacturing. b. Director of Community Development Olson presented the Staff report. c. Commissioner Ralph Sletten presented the Planning Commission recommendation. d. Mayor Greavu called for persons who wishedto be heard for or against the proposal. The following expressed their views: Mrs. Rosemary Schmidt and Mr. Richard Schmidt, owners of vacant property on Clarence Street Mr. Wayne Birchem, 2523 Clarence Mr. Scott Hoffhines,. 2529 Clarence Mrs. Elaine Hoffhines, 2529 Clarence Mrs. Cheryl Gilbertson, representing Lakeview Lutheran Church Mr. George Rossbach, 1406 E. County Road C. Mr. Gale Rehnberg, representing the Migglers e. Councilmember Bastian moved to table the rezoning proposal indefinitely. Seconded by Councilmember Anderson. Ayes - all. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Edward Street a. Acting Manager Haider presented two conflicting petitions from residents on Edward Street concerning the speed bumps. b. Mr. Chuck Quistad, 1754 Phalen Place and Mrs. Kate Falk, 1777 Edward St. spoke against the speed bumps. c. NLr. Quistad stated he would circulate two petitions; one, for. the speed bumps, and one, against the speed bumps and present them to Council at the meeting of November 6, 1985. I. NEW BUSINESS A d. 1. Massage License a. Acting Manager Haider stated a background investigation was conducted on Norma. Jean Larson and Myron Lee Larson for the purpose of receiving a massage. license in the City of Maplewood. We have found that there is nothing at this ,point to prohibit the Larsons from obtaining such a license. Should the City Council decide to issue such a license, it should be done in accordance with Maplewood Ordinance Section 24-61 through Section 24-67. - 23 - 10/28 b. Norma Jean Larson, the applicant, spoke on behalf of her and her husband. c. Councilmember Bastian moved to approve a massage license for Norma Jean Larson and for Myron Lee Larson, to perform therapeutic massage at the Carlton Racquetball Building, 600 Carlton Street, in accordance with Section 24.61 through Section 24.67. Seconded by Councilmember Maida Ayes - all. 2. Condor Storm Sewer a. Acting Manager Haider presented a letter from the Connemara II Association requesting a review of the drainage ditch adjacent to their property. b. Mayor Greavu introduced the following resolution and moved its adoption: 85 - 10 - 168 WHEREAS, the City Council has proposed that the area. generally described as: From McKnight Road to 3600 feet East and from Lower Afton Road to 3600 Feet South, be improved by construction of storm sewer and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engineer, who is hereby instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilmember Maida. Ayes - all. 3. Tax-Forfeit Land Transfer Program a. Acting Manager Haider requested the Council authorize the City to take title to seven sub-standard tax-forfeited parcels and transfer them to abutting property owners for side or rear yard usage and to forgive the unpaid assess- ments against three of the seven substandard parcels. b. Councilmember Bastian moved to implement the tax-forfeited land transfer program subject to: 1. Receipt of a cash escrow of $100.00 for each property to be + transferred~($500.00 for parcel four) to cover the cost of the City Attorney preparing the necessary deeds. 2. Interior lots shall be split equally between property owners along the same street, unless otherwise agreed to by the adja- cent owners. 3. The creation of flag-shaped parcels shall be avoided, unless there is no other alternative to eliminate the tax-forfeit status. - 24 - 10/28 4. No parcels shall be sold to an owner who allows a parcel to go tax delinquent. Seconded by Councilmember Wasiluk. Ayes - all. c. Councilmember Bastian introduced the following resolution and moved its adoption: 85 - 10 - 169 WHEREAS, there presently exists within the City of Maplewood certain parcels of land which cannot be improved because of non-compliance with the City's zoning code regarding minimum area, shape, frontage or access; and WHEREAS, three of said non-complying parcels have been purchased from Ramsey County by prospective developers; and WHEREAS, the Maplewood City Council has consistently denied approval of requested variances with reference to similar size parcels as homesites; and WHEREAS, judicial challenges of the City's denial of requested variances have been sustained; and WHEREAS, the processing of these variance requestsseith reference-ta_non- complying parcels is an unproductive use of the City's resources; and WHEREAS, the City proposes to apply to the County of Ramsey pursuant to Minnesota Statutes 282.01, Subdivision 7a for conveyance for the pur- - pose of conveying certain of said parcels to owners of lands adjoining the tax-forfeited parcels in question for the creation of additional side yards; WHEREAS, it is in the public interest to combine said parcels with abutting property for the purpose of eliminating public nuisances and re- turning to the tax roles land otherwise unproductive. - NOW, THEREFORE, be it resolved by the Maplewood City Council that appli- cation is hereby made to Ramsey County seeking conveyance pursuant to the provisions of Minnesota Statutes 282.01, Subdivision 7a, those parcels of real property hereinbelow described for the purpose of resale to owners of lands adjoining the land to be transferred hereby: Property Tax~I.D. No. 'a 57-58800-010-02 (15-29-22-12-0005-9) 57-29800-161-OS (15-29-22-32-0069-1) 57-81500-270-01 (15-29-22-34-0079-2) 57-48950-010-06 (25-29-22-12-0098-0) 57-24700-040-01 (17-29-22-21-0013-6) 57-00410-120-02 (04-29-22-11-0001-4) 57-03500-040-92 ,(35-30-22-43-0002-4) - 25 - 10/28 Recording of deeds for each land transfer is subject to: 1. Receipt of a cash escrow of $100.00 for each property to be trans- . ferred to cover the cost of the City attorney preparing the neces- sary deeds. 2. Interior lots shall be split equally between property owners along the same street, unless otherws:e:agreed to by the adjacent owners. Seconded by Councilmember Wasiluk. Ayes - all. _ d. Councilmember Bastian introduced the following resolution and moved its adoption: 85 - 10 - 170 WHEREAS, pursuant to Resolution Nos. 59-9-76, 62-8-194, 66-9-271, and 78-8-174 of the City Council of Maplewood, Minnesota, adopted 9-3-59, 8-30-62, 9-15-66 and 8-22-78, the special assessments for the construction of Sanitary Sewer No. 1, Burke and Kennard Street Improvement, Water Improvement No. 5 and Water Improvement 75-16, were levied against property described as Lot One, Block Two, Pflueger's Addition, Section 15, Township 29, Range 22; and WHEREAS, the above-described property was tax-forfeited on the 15th day of August, 1967; and WHEREAS, this parcel has substantially substandard dimensions for a homesite; and WHEREAS, the City Council finds it in the public interest to cancel the above-described assessments to: (1) be able to collect any future assess- ments for public improvements benefiting this property, (2).receive an annual real estate tax from this property, and (3) establish a responsible party to resolve any nuisance complaints. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA, that the assessments for Sanitary Sewer No. 1, Burke and Kennard Street Improvement, Water Improvement No. 5 and Water Improvement No. 75-16 in the amount against $790.30 be, and the same hereby are canceled, subject - to combination of this property with an abutting property for side yard usage only. Seconded by Councilmember Wasiluk. Ayes - all. e. Councilmember Bastian introduced the following resolution and moved its adoption: d d. 85 - 10 - 171 WHEREAS, pursuant to Resolution Nos. 59-9-76, 63-8-152 and 78-8-174 of the City Council of Maplewood, Minnesota, adopted 9-3-59, 8-29-63, and 8-22-78, the special assessments for the construction of Sanitary Sewer ,No. 1, Water Improvement ,2 and Water 75-16 were levied against property described as Lot Sixteen, Block Five, Gladstone Addition, Section 5, Town- ship 29, Range 22; and - 26 - 10/28 _ WHEREAS, the above-described property was tax-forfeited on the 28th day of July, 1971; and WHEREAS, this property has substantially substandard dimensions for use as a homesite; and WHEREAS,-the City Council finds it in the public interest to cancel the above-described assessments to: (1) be able to collect any future assessments for public improvements benefiting this property, (2) re- ceive an annual real estate tax from this property, and (3) establish a responsible party to resolve any nuisance complaints. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU4TCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer 1, Water 2 and Water 75-16 in the amount against $560.00 be, and the same hereby are canceled, subject to combination of this property with an abutting property for side yard usage only. Seconded by Councilmember Wasiluk. Ayes - all. f. Councilmember Bastian introduced thefollowing resolution and moved its adoption: 85 - 10 - 172 WHEREAS, pursuant to Resolution Nos. 59-9-76, 68-9-182, 69-9-159, and - 78-8-174 of the City Council of Maplewood, Minnesota, adopted 9-3-59, 9-24-68, 9-10-69 and 8-22-78, the special assessments for the construction of Sanitary Sewer No. 1, Ymprovement 67-1, Improvement 67 and SQater 75-16, were levied against property described as Lot 27, Block Two, Warren and Flint's Addition, Section 15, Township 29, Range 22; and WHEREAS, the above-described property was tax-forfeited on the 13th day of September, 1977; and WHEREAS, this property has substantially substandard dimensions for a homesite; and WHEREAS, the City Council finds it in the public interest to cancel the above-described assessments to: (1) be able to collect any future assessments for public improvements benefiting this property, (2) receive an annual real estate tax from this property, and (3) establish a respon- sible party to resolve any nuisance complaints. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for San Sewer 1, Improvement 67-1, `i Imp. 67 and Water 75-16 in the amount against $732.63be, and the same hereby are canceled, subject to combination of this property with an abut- ting property for side yard usage only. Seconded by Councilmember Wasiluk. Ayes - all. - 27 - 10/28 J. VISITOR PRESENTATIONS None - K. COUNCIL PRESENTATIONS 1. Archer Heights a. Councilmember Wasiluk stated the residents at Archer Heights are re- questing a bus shelter. b. Staff will investigate. 2. Citizen's Concerns a. Councilmember Maida stated while campaigning, a number of citizen's concerns were made known, such as having more maple trees in the City and also longer hours for the licensing department. - 3. Frost Avenue Improvement a. Councilmember Anderson questioned what progress there is regarding the Frost Avenue improvements. b. Staff stated they are meeting with the Burlington-Northern representa- tives regarding the right of way. 4. Don John Property a. Councilmember Anderson stated residents are complaining about the Don John property again. b. Staff will investigate. 5. Phalen Place Lights a. Councilmember Anderson stated residents on Phalen Place are requesting speed control and more lighting. b. Staff to investigate. 6. St. John's a. Councilmember Bastian reminded the Council of the Annual St. John's Wine and Cheese function at the Landmark Center at 7:00 P.M., Tuesday, October 28, 1985. A L. ADMINISTRATIVE PRESENTATIONS 1. Certification of Sewer Bills a. Mayor Greavu moved to certify $11,409.88 of delinquent sewer rental bills ,against the McKnightTownhouse, McKnight R.o ad and Linwood Avenue. Seconded by Councilmember Anderson. Ayes - all. - 28 - 10/28 b. Councilmember Anderson moved to charge a late penalty on the delin- quent sewerbill of 10~ on the unpaid amount as reflected in the ordinance. Seconded by Councilmember Bastian. Ayes - all. M. ADJOURNMENT 11.17 P.M. City Clerk - 29 - to/za