HomeMy WebLinkAbout12.22.88 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, December 22, 1988
Council Chambers, Muhicipal Building
Meeting No. 88-30
A. CALL TO ORDER
A regular meeting of the City Council was held in the Council Chambers, Municipal
Building, and was called to order at 7:00 P.M., by Mayor Greavu.
B. ROLL GALL
John C. Greavu, Mayor Present
Norman G. anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. County Road C Water
Seconded by Councilmember Juker. Ayes - all.
E. CONSENT AGENDA
Councilmember Rossbach moved, seconded by Councilmember Bastian, Ayes - all to
approve the Consent Agenda, Items E-1 through E-12 as recommended:
1. Approval of Claims
Approved the following claims as presented:
Accounts Payable:
$ 460,486.59 Checks #8502 - #8554
Dated 12-01-88 thru 12-15-88
$ 262,559.99 Checks #4850 - #5033
Dated 12-22-88
$ 723,046.58 Total per attached voucher/check register
Payroll:
$ 184,825.66 Payroll Checks
$ 30,235.56 Payroll Deductions
$ 215,061.22 Total Payroll
$ 938,107.80 GRAND TOTAL
_
2. 1989 Budget Revisions
Approved to amend the 1989 budget to increase the estimated revenues appropria-
tions by $252,500. A transfer of this amount from the Community Development
Block Grant funds from the County to the City and then to the developer for
.the purchase of land for the Cottages of Maplewood.
3. Conditional Use Permit: 1768 McMenemy Street (Hmong Church)
Approved the renewal of the conditional use permit for a church at 1768
McMenemy Street for one year, subject to the original conditions of approval.
4, Final Plat: Gonyea's Oak Heights 2nd Addition
Approved the Gonyea's Oak Heights Second Addition final plat.
5. Revision of Accountant Position from Part Time to Bull-Time Position
Approved revision of the Accountant position from part-time to full-time status
at this time so that the appropriate employee group insurance coverages can be
revised effective January 1, 1989.
6. Interfund Transfers for Unassessed Utility Departments
Approved the following transfers:
Debt Service Funds
$ 50,800 W,A.C. Fund 1973 Bonds (311)
71,700 Hydrant Fund 1977 Bonds (314)
6,010 Hydrant Fund 1979 Bonds (316)
2,050 Sewer Fund ).979 Bonds (316)
$130,560
7. Resolution Designating Certain Bonds Issued in 1986 as Qualified Tax Exempt
Obligations
Resolution No. 88 - 12 - 214
RESOLUTION DESIGNATING
CERTAIN BONDS ISSUED IN 1986
AS "QUALIFIED TAX-EXEMPT OBLIGATIONS"
A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the
"Issuer"), issued its $2,490,000 General Obligation Tax Increment bonds of 1986
(the "Bonds") after August 7, 1986, the effective date of the federal Tax Reform
'i Act of 1986; and
B. WHEREAS, when the Bonds were issued, the Issuer made a designation that
it intended to qualify under Section 802(e)(3) of H.R, 3838 of the 99th Congress
as passed by the House of Representatives; and
C. WHEREAS, the issuer covenanted to take such actions as are necessary to
effectuate such attempted designation; and
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D. WHEREAS, for the Bonds to get the benefit of being designated as "quali-
fied tax-exempt obligations" under Section 265(b)(3) of the federal Internal
Revenue Code of 1986, as amended (the "Code"), it is necessary that the Issuer
designate the bonds pursuant to subparagraph (B) of Section 1009(b)(3) of the
federal Technical and Miscellaneous Revenue Act of 1988 ("TAMRA") and Section
265(b)(3) of the Code; and
E. WHEREAS, the Bonds qualify for such designation because they are not
private activity bonds (or, if private activity bonds, are qualified 501(c)(3)
bonds, or refund bonds which were not industrial development bonds or private
loan bonds), the Issuer with respect to bonds issued in 1986 is a "qualified
small issuer" of $10,000,000 or less of bonds, and not mroe than $10,000,000
of bonds issued in 1986 have been designated:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood,
Minnesota, as follows:
1. Designation of Qualified Tax-Exempt Obligations In order to qualify
the Bonds as "qualified tax-exempt obligations" within the meaning of Section
265(b)(3) of the Code, the Issuer hereby makes the following factual statements
and representations:
(a) the bonds were issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141
of the Code, or, if private activity bonds, they are:
(i) qualified 501(c)(3) bonds as defined in Section 145 of the Code, or
(ii) obligations issued to refund (or which are part of a series of
obligations issued to refund) obligations issued before August 8,
1986, which were not industrial development bonds (as defined in
Section 103(b)(2) of the federal Internal Revenue Code of 1954,
as amended, as in effect on the day before the date of the enact-
ment of the federal Tax Reform Act of 1986) or a private loan
bond (as defined in Section 103(0)(2)(A) as so in effect, but
without regard to any exemption from such definition other than
Section 103 (0)(2)(A));
(c) the Issuer hereby designates the Bonds as "qualified tax-exempt obliga-
tions" for purposes of Section 265(b)(3) of the Code;
(d) at the time the bonds were issued, the amount of tax-exempt obligations
(Other than private activity bonds, treating qualified 501(c)(3) bonds
as not being private activity bonds) which had been and were to be
issued in 1986 by the Issuer (and all entities treated as one issuer
with the Issuer, and all subordinate entities theregfy.._.dun~ng:.~cahdndar
Year 1986 was not reasonably expected to did not exceed $10,000,000;
and
(e) not more than $10,000,000 of obligations issued by the Issuer during
calendar Year 1986 have been designated for purposes of Section 265
(b)(3) of the Code.
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8. Paramedic Bill - Application for Cancellation
Approved to cancel the paramedic ambulance service charges for Kevin Bergstrom
due to financial hardship:
9. Boxwood Avenue - Change Orders 1 and 2
Resolution 88 - 12 - 215
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 87-19 and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified
and designated as Improvement Project 87-19 Change Order 1 in the amount of
$4,903.92.00. Original amount of Contract was $128,438.00.
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 1.
Resolution 88 - 12 -.,2.16
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered
made Improvement Project 86-19 and has let a construction contract pursuant
to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified
and designated as Improvement Project 87-19 Change order 2.
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 2.
10. Park Availability Charge (Commercial and Industrial Property).
Approved that the Commercial P.A.C. Charge continue at 7~ for 1989.
11. Budget Transfer Utilities Expense
Approved a budget transfer of $10,000 from 101-504-4320 (Public Works
Building Maintenance Fund) to 101-110-4320 (City Hall Maintenance Fund)
to cover the numerous heating and air conditioning problems.
12. Budget Transfer - MAPLEWOOD IN MOTION
Approved a budget transfer in the amount of $610.00 from the General Fund
Contingency Account to Account 101-111-4360 for payment of MAPLEWOOD IN
MOTION.
F. PUBLIC HEARINGS
1. 7:00 P.M., Conditional Use Permit: English Street and Highway 36 (Marcor)
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Marcor Properties, Inc., for approval of a conditional use permit for a
26,125 square foot retail convenience center with fuel service.
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b. Manager McGuire presented the Staff report.
c. Associate Planner Randy Johnson presented the specifics of the proposal.
d. Director of Public Works Haider commented on the traffic patterns in this
area.
e. Board Member Roger Anitzberger presented the Community Design Review
Board recommendation.
f. Jim Winkels, representing Marcor Properties, spoke on behalf of the
proposal. Gary Vocal, Architect for the proposed development, also spoke.
g. Mayor Greavu called for persons who wished to be heard. The following
were heard:
Jim Grealish, 1326 Cope Avenue
Resident at 1332 Cope Avenue
Roger Franz, 1282 Cope Avenue
h. Mayor Greavu closed the public hearing.
i. Councilmember Anderson introduced the following resolution and moved its
adoption•
88 - 12 - 217
WHEREAS, Marcor Properties, Inc., initiated a conditional use permit
to construct a retail convenience store at the following-described property:
W~398' of So. 1/2 of N.W. 1/4 of S.W. 1/4 (subj. to Hwy. & roads).
in Sec. 10, Twp. 28, Range 22, Ramsey County, Pth.
WHEREAS, the procedural history of -this conditional use permit is
as follows:
1. This conditional use permit was reviewed by the Maplewood
Planning Commission on December 5, 1988. The Planning Commis-
sion recommended to the City Council that said permit be
approved.
2. The Maplewood City Council held a public hearing on December 22,
1988. 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 con-
. sidered reports and recommendations of the City Staff and Plan-
ning commission.
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.
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2. The establishment or maintenance of the use would not be detri-
mental 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 pro.p~rty 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 proper-
ties.
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 subject to the following conditions:
1. Adherence to the site plan, dated September 13, 1988, unless a
change is approved by the City's Community Design Review Board.
2. Gas sales shall be limited to two dispensers on one island. There
shall be no vehicle repair or maintenance.
3. No drive-through restaurants shall be allowed. Restaurants,
where there are no drive-up windows or serving of food to
patrons in their automobiles, shall be allowed subject to com-
plying with parking requirements.
4. There shall be no outside storage or sales, except fuel. All
discarded materials must be kept in proper waste containers
and screened within enclosures. Enclosures shall be constantly
maintained.
5. External speakers shall be directed away from the dwelling
units and they shall not exceed fifty decibels (normal conver-
sation level) at the residential property line.
i
6. Deliveries and trash pickup shall only be allowed between the
hours of 7:00 A.M. and 6:00 P.M.
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7. The store hours shall be limited to the hours between 7:00 A.M.
~ and 10:00 P.M.
8. A $5,000.00 performance bond shall be posted to guarantee that the
grading and excavation will be completed.
9. C.D.R.B. approval of the revised landscaping plan.
Seconded by Councilmember Rossbach. Ayes - Councilmembers Anderson, Bastian
and Rossbach
Nays - Mayor Greavu and Councilmember
Juker.
2. 7:10 P.M., Home Occupation License: 1236 Farrell Street (Richardson)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Kim Richardson for approval of a home occupation license to
make and sell wedding accessories and heirloom clothing for children in
her home.
b. Manager McGuire presented the Staff report.
c. Associate Planner Johnson presented the specifics of the proposal.
d. Mrs. Kim Richardson, the applicant, states she agrees with the conditions
in the Staff report.
e. Mayor Greavu called for persons who wished to be heard for or against the
proposal. None were heard.
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu moved to approve a home occupation license for one year to
permit Kim Richardson to make and sell wedding accessory and heirloom clothes
for children from her home at 1236 Farrell Street. Approval is subject to:
1. Compliance with the home occupation licensing requirements listed
in Sections 17-21 and 17-22 of City code.
2. No customers shall be permitted in the lower level of the home due
to the lack of a direct outside exit.
Seconded by Councilmember Anderson. Ayes - all.
3. 7:30 P.M., Southlawn Drive and Radatz Avenue (Brandt)
a. Rezoning
b. Plan Amendment and Rezoning
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of Jon Brandt for a plan amendment from RL (residential
low density) to RM residential medium density and rezoning from F (farm)
to R-2 small lot single and double dwelling for the south part of the
site and a rezoning from F-farm to R-2 double dwelling and R-3 multiple
dwelling for the northerly part of the site.
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2. Manager McGuire presented the Staff report.
3. Associate Planner Johnson presented the specifics of the proposal.
4. Mr. Jon Brandt, the developer, spoke on behalf of the proposal.
5. Mayor Greavu called for persons who wished to be heard for or
against the proposal. The following voiced their opinions:
Mr. Herman Johnson,. 2799 Southlawn Drive
6. Mayor Greavu closed the public hearing.
~ 7. Councilmember Rossbach introduced the following resolution and moved its
adoption•
88 - 12 - 218
WHEREAS, Jon Brandt initiated an amendment to the Maplewood
Comprehensive Plan from RL, residential low density to RM, resi-
dentially medium density for the property west of Southlawn Drive
and south of Radatz Avenue extended.
WHEREAS, the procedural history of this plan amendment is as
follows:
1. The Maplewood Planning Commission held a public hearing
on November 7, 1988, to consider this plan amendment.
Notice thereof was published and mailed pursuant to law.
All persons present at said hearing were given an oppor-
tunny to be heard and present written 'statements. The
Planning Commission recommended to the City Council that
said plan amendment be approved.
2. The Maplewood City Council considered said plan amendment
on November 28 and December 22, 1988. The Council con-
. sidered reports and recommendations from the Planning
Commission and City Staff.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
the above-described plan amendment be approved.
Seconded by Mayor Greavu. Ayes - all.
8. Councilmember Rossbach introduced the following resolution and moved its
adoption•
88-12-219
WHEREAS, Jon Brandt initiated the following rezonings all in
section 3, township 29, range 22:
1. F, farm residence to R-1, single-dwelling:
The south 121 feet of the north 812 feet of the east 158
feet of the southeast 1/4;
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2. F, farm residence to R-2, double dwelling:
i--
The south 121 feet of the north 636 feet of the east 158 feet of the southeast 1/4;
3. F, farm residence to R-3C, townhouse:
The south 247 feet of the north 636 feet of the east 318 feet of the southeast 1/4,
except the south 121 feet of the north 812 feet of the east 158 feet and the south 121
feet of the north 636 feet of the east 158 feet of the southeast 1/4;
WHEREAS, the procedural history of this plan amendment is as follows:
1. This rezoning was reviewed by the Maplewood Planning Commission on November
7, 1988. The Planning Commission recommended to the City Council that said
rezoning be approved.
2. The Maplewood City Council held a public hearing on November 28 and December
22, 1988, 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 COUNCII,
that the above-described rezoning be approved on the basis of the following fmdings of fact:
1. The proposed change is consistent with the spirit, purpose and intent of the zoning
code.
2. The proposed change will not substantially injure or. detract from the use of
neighboring property of from the chazacter of the neighborhood, and that the use of
the property adjacent to the azea included in the proposed change or plan is
adequately safeguarded.
Seconded by Mayor Greavu. Ayes -all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
None.
I. NEW BUSINESS
1. Colored Land Use and Zoning Maps.
a. Manager McGuire stated the Council had requested Staff determine the feasibility and costs
i,, '
for converting the City's Land Use and zoning maps to color prints.
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In order to provide a range of choices, Staff investigated four different methods for creating
color maps. Unless otherwise indicated, dollar amounts are for 100 copies of each map.
1. Use of colored plastic adhesive for each zone. Estimated cost per map:
$175-$200.
2. Litho processing, (5 and 7 colors). Estimated cost: $2,996.
3. Silk Screen Printing, (6 and 9 colors). Estimated cost: $3,500.
4. Offset printing, (6 and 9 color). Estimated cost: $5,765.
This alternative would reduce map to 21-inch by 31-inch and was used by Eagan
and Woodbury.
b. Councilmember Anderson moved to table this item for further information.
Seconded by Councihnember Juker. Ayes -all.
2. Appoint Sergeant for Patrol Divisions
a. Manager McGuire stated on June 30, 1987, a sergeant vacancy was created because of
retirement. A request is being made to fill the vacancy at this time.
b. Director of Public Safety Collins explained the necessity of replacing this position. The
present civil service list is still in effect.
c. Councilmember Anderson moved to authorize Staff to proceed to fill the sergeant's
osp ~tion•
Seconded by Councilmember Rossbach. Ayes -all.
J. VISITOR PRESENTATIONS
None.
K. COUNCIL PRESENTATION
1. County Road C Water
a. Councilmember Anderson stated he had received calls from residents on County Road C
that aze experiencing water problems. Ae asked when water is proposed for that area.
b. Staff stated they anticipated 1989 Construction.
L. ADMIl~IISTRATIVE PRESENTATIONS
1. Administrative Storm Sewer Financing Discussion
a. Mayor Greavu moved to table this item until there is more time to discuss this item.
Seconded by Councihnemebr Anderson. Ayes -all.
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ADJOURNMENT
9:25 P.M.
City Clerk
i
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