HomeMy WebLinkAbout05.04.89 and 05.08.89 MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.M., Thursday, May 4, 1989
and
7:00 P.M., Monday, May 8, 1989
Council Chambers, Municipal Building
Meeting No. 89-11
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building, and was called to order at 4:32 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Absent
George F. Rossbach, Councilmember Present
C. APPROVAL OF MINUTES
1. Meeting No. 88-30 (December 22, 1988)
Councilmember Anderson moved to approve the Minutes of Meeting No. 88-30 (December
22, 1988) as corrected.
Page 10, Item Kla, "He" instead of "We".
Seconded by Mayor Greavu. Ayes - all.
2. Meeting No. 89-1 (January 5, 1989)
Mayor Greavu moved to approve Minutes of Meeting No. 89-1 (Januarv 5, 1989) as
submitted.
Seconded by Councilmember Bastian. Ayes - all.
3. Meeting No. 89-6 (March 2, 1989)
Mayor Greavu moved to approve the Minutes of Meeting No. 89-6 (March 2, 1989) as
submitted.
Seconded by Councilmember Bastian. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved approval of the Agenda as amended:
1. Wetlands
2. Resolution for Funk Award
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3. Upper Afton Road
4. Manager/Council Meeting
5. Thursday Night Meeting
6. Noise Ordinance
7. Park Land
8. Remove Items E-4, G-l, and N-1
9. Council Staff Meeting
10. Closed Session - Disciplinary Action
Seconded by Councilmember Anderson. Ayes - all.
Councilmember Anderson moved to table E-4 until the May 18, 1989 meeting.
Seconded by Councilmember Rossbach. Ayes - Councilmember Anderson and
Rossbach
Nay - Mayor Greavu
Councilmember Bastian Abstained.
Councilmember Bastian abstained as he didn't feel something of the magnitude of Item
E-4 should be on the Consent Agenda.
Councilmember Anderson moved to table G-1 until the May 18, 1989 meeting.
Seconded by Councilmember Bastian. Ayes - all.
CONSENT AGENDA
Councilmember Anderson moved, seconded by Mayor Greavu, Ayes - all, to approve the
Consent Agenda Items 1, 2, 3, and 5 as recommended:
1. Approval of Claims
Approved the following:
ACCOUNTS PAYABLE:
$ 436,813.66 Checks #6272 - #6383
Dated 04-01-89 thru 04-27-89
$ 48,284.48 Checks #7147 - #7249
Dated 05-04-89
$ 485,098.14 Total per attached voucher/check register
PAYROLL:
$ 171,046.66 Payroll Checks
$ 31,843.45 Payroll Deductions
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$ 202,890.11 Total Payroll
$ 687,988.25 GRAND TOTAL
2. Donation to Nature Center
Council accepted the donation of $300.00 from the Maplewood-Oakdale Lions Club and
apply it to the Nature Center account 101-604-4120.
3. Conditional Use Permit Renewal: 2228 Maplewood Drive (Hoffman Corner Oil)
i
Approved the renewal of the conditional use permit for a fuel station at 2228
Maplewood Drive for 60 days subject to the original conditions of approval.
4. Pay Equity/Comparable Worth
,Tabled until May 18, 1989.
5. Change Order - Gervais Avenue Project 88-14
Approved the estimated cost of $3,240 to be added to the Gervais Avenue Project
88-14 to seal an abandoned water well.
F. AWARD OF BIDS
None.
- a. UNFINISHED BUSINESS '
1. Planning Commission Survey
Tabled to May 18, 1989.
2. Hillcrest Assessment Appears
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented each appeal in detail:
1. 24 29 22 21 0008 Nielsen 2416 E. Larpenteur
Councilmember Anderson moved 8 lots be assessed in area that is 100 feet or ~
more from the pipeline and a cash connection will be required if additional lots be
used according to oolicy.
Seconded by Mayor Greavu. Ayes.- all.
2. 24 29 22 31 0003 Bulk Service
Mayor Greavu moved that there is no basis for revising the assessment.
Seconded by Councilmember Anderson. Ayes - all.
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3. 24 29 22 21 0054 Junek
Councilmember Bastian moved to assess 7 lots.
Seconded by Councilmember Rossbach. Ayes - all.
4. Mayor Greavu moved to deny the requests for ad.iustment to the following
arp cell:
i
24 29 22 33 0018 Salkowicz
24 29 22 11 0001 St. Paul Priory
24 29 22 12 0001 St. Paul Priory
13 29 22 43 0001 Hill-Murray
24 29 22 22 0018 Thurstin
24 29 22 23 0090 Toukler
' Seconded by Councilmember Bastian. Ayes - all.
5. Councilmember Bastian moved to approve a senior citizen deferment if
properly applied for property identified as 24 29 22 22 0026 Goetschell, 2334 E.
Larpenteur.
Seconded by Councilmember Anderson. Ayes - all.
H. NEW BUSINESS
1. Drainage Assessment Policy
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the policy in detail.
c. Councilmember Anderson moved to adopt the drainage assessment policy as
,presented.
Seconded by Councilmember Rossbach. Ayes - Councilmembers Anderson,
Bastian, and Rossbach.
Nay - Mayor Greavu.
2. final approval of Bonds, Notes, and Developer's Agreement: Cottages of Maplewood.
a. Councilmember Bastian moved to table this item until Monday, May 8, 1989,
and that it be first on the Agenda.
.Seconded by Councilmember Rossbach. Ayes - all.
3. Review of Ordinances
a. Manager McGuire presented the staff report.
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b. Council directed staff to begin by presenting the R-3 District Ordinance
for review.
4. Southwinds: Reconsideration
a. Councilmember Bastian moved to notify the area residents affected by the
proposal and place it on the Mav 22, 1989 Agenda.
Seconded by Councilmember Anderson. Ayes - all.
I. COUNCIL PRESENTATIONS
1. Wetlands
a. Councilmember Bastian stated he has heard from the Audobon Society and they
expressed their concerns about the preservation of the wetlands behind the Maplewood
Mall. The Society questioned if the City could by~,this property.
2. Resolutions
a. Councilmember Bastian introduced the following resolution and moved its
adootion•
89-5-72
WHEREAS, Donna Senty Funk, a long-time resident of the City of Maplewood, will be
honored at the Minnesota Chapter of the National Association of Women Business Owners
Annual Awards Luncheon on Friday, May 5, 1989;
WHEREAS, Donna will receive a lifetime entrepreneurial achievement award;
WHEREAS, Donna began her catering business in 1949 out of her home on Birmingham
Street and then moved her catering business to the Gladstone House on Frost Avenue;
WHEREAS, over the past forty years virtually every resident of Maplewood has, at
one time or another, had the occasion to sample her delicious food at weddings or
other countless functions;
WHEREAS, Donna is active in our community and has graciously given of herself, as
well as her time, talents and business savvy;
WHEREAS, Donna is an outstanding example to all for her dedication in building her
business into such a successful enterprise;
BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, for and on behalf
of all of the Citizens of Maplewood, that Donna Senty Funk is to be honored and
congratulated on this day of recognition as the recipient of the first Minnesota
National Association of Women Business Owners Lifetime Entrepreneurial Achievement
Award. From all of us "CONGRATULATIONS" we are proud to have you as one of our
Maplewood residents!
Seconded by Councilmember Anderson. Ayes - all.
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3. Upper Afton Road
a. Councilmember Anderson stated residents in the Upper Afton Road area have been
questioning when improvement issue will be brought before Council.
b. Staff stated they are trying for a June hearing.
4. Manager/Council Meeting
a. Council established a meeting for May 15, 1989, at 4:30 p.m. to meet with the
Manager.
5. Thursday Night Meetings
a. Councilmember Anderson expressed his opinion that Council/Staff meetings are
needed to go over the Agenda and that 4:30 p.m. is too early, residents cannot attend
the meetings.
6. Noise Ordinance
a. Councilmember Anderson stated he has had a lot of calls complaining of the
noise permits.
b. Councilmember Anderson moved to waive the Rules of Procedure and discuss the
noise permits at this time.
Seconded by Mayor Greavu. Ayes - all.
c. Councilmember Anderson moved First Reading of an amendment to the Noise
Ordinance to allow the permit to be for as lono as the specific improvement not
limited to 30 davs.
Seconded by Councilmember Rossbach. Ayes - all.
7. Park Plan
a. Councilmember Rossbach stated it has come to his attention that Cave and Sons,
Inc., has reneged on the sale of the park land. Will it have to be obtained by
eminent domain?
b. Staff is trying to negotiate the sale. If not, condemnation possibility will
be investigated.
J. ADMINISTRATIVE PRESENTATIONS
None
K. ADJOURNMENT OF MAY 4. 1989 MEETING
Councilmember adjourned the May 4, 1989, meeting to enter into a closed session to
discuss employee disciplinary action.
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. RECONVENE: CALL MAY 8. 1989 MEETING TO ORDER
Mavor Greavu reconvened the meeting at 7:02 o.m.
M. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Arrived at 7:45 p.m.
Frances L. Juker, Councilmember Absent
George F. Rossbach, Councilmember Present
G. UNFINISHED BUSINESS (Continued)
2. Final Approval of Bonds, Notes, and Developer's Agreement: Cottages of Maplewood
° a. Manager McGuire moved to table Item H-2 until the Mav 18, 1989 meeting.
Seconded by Councilmember Anderson. Ayes - all.
N. PUBLIC HEARINGS
1. 7:00 p.m., Walter Street - Assessment Nearing
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of the proposed assessment roll for Walter Street Pro.iect 84-14.
b. Manager McGuire presented the staff report.
c. Director of Public Works Haider presented the specifics of the proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following expressed their views:
N. E. Linton, 1096 Frost
Gerald Johnson, 1101 Fenton
Frank Selderbauer, 1889 Walter
Delores Johnson, 1101 Fenton
Ray Halstron, F-F-ra~t Bank of Hugo
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu introduced the following resolution and moved its adoption.
89-5- 103
WHEREAS, pursuant to proper notice duly given as required by law, the City Council
has met and heard and passed upon all objections to the proposed assessment for the
construction of Walter Street Fenton to Frost as described in the files of the City
Clerk as Project 84-14,a nd has amended such proposed assessment as it deems just,
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NOW, THEREFORE, BE IT CZESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. Such proposed assessment,.as amended, a copy of which is attached hereto and
made a part hereof, is hereby accepted and shall constitute the special assessment
against the lands named therein, and each tract of land therein included is hereby
found to be benefitted by the proposed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual installments extending over a
period of twenty years, the first of the installments to be payable on or after the
first Monday in January 1990, and shall bear interest at the rate of nine (9.0)
percent per annum from the date of the adoption of this assessment resolution. To the
first installment shall be added interest on the entire assessment from the date of
this resolution until December 31, 1989. To each subsequent installment when due
shall be added interest for one year on all unpaid installments.
' 3. It is hereby declared to be the intention of the Council to reimburse itself
in the future for the portion of the cost of this improvement paid for from municipal
funds by levying additional assessments on notice and hearing as provided for the
assessments herein made, upon any properties abutting on the improvement but not made,
upon any properties abutting on the improvement but not herein assessed for the
improvement, when changed conditions relating to such properties make such assessment
feasible.
4. To the extent that this improvement benefits nonabutting properties which may
be served by the improvement when one or more later extensions or improvements are
made, but which are not herein assessed, therefore, it is hereby declared to be the
intention of the Council, as authorized by Minnesota Statutes Sect ion 420.051, to
reimburse the City by adding any portion of the cost so paid to the assessments levied
for any of such later extension or improvements.
5. The Clerk shall forthwith transmit a certified duplicate of this assessment to
the county auditor to be extended don the property tax lists of the county, and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Seconded by Councilmember Anderson. Ayes - all.
h. Council will hear appeals on May 18, 1989.
2. 7:20 p.m., Establishment of Tax Increment District for Maplewood Crossing and
Amendment of the Plan for the Cottages of Maplewood.
a. Mayor Greavu convened the meeting for a public hearing regarding the
establishment of a Tax Increment District for Maplewood Crossing and Amendment of the
Tax Increment Financing Plan for the Cottages of Maplewood.
b. Manager McGuire presented the staff report.
c. Director of Finance Faust presented the specifics of the proposal.
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d. Mary Ippel, Bonding Consultant, Briggs and Morgan, presented the documents
that are needed.
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
adoption:
89-5-73
RESOLUTION ESTABLISHING ECONOMIC
DEVELOPMENT DISTRICT N0. 1-3 AND
ADOPTING THE TAX INCREMENT FINANCING PLAN
AND DEVELOPMENT PROGRAM RELATING THERETO AND
AMENDING THE TAX INCREMENT FINANCING PLAN
RELATING TO HOUSING DISTRICT N0. 1-3
WHEREAS:
A. It has been proposed that the City of Maplewood amend the tax increment financing
plan for Housing District No. 1-3 and establish Economic Development District No. 1-3
within Development District No. 1 and adopt a tax increment financing plan and development
grogram with respect thereto under the provisions of Minnesota Statutes, Sections 469.174
- .hrough 469.179 and Sections 469.124 through 469.134 (collectively the "Act");
B. The Council has investigated the facts and has caused to be prepared a development
program and proposed tax increment financing plans for the tax increment districts.
C. The City has performed all actions required by law to be performed prior to the
establishment and/or modification of the tax increment districts and the adoption of the
proposed development program and tax increment financing plans relating thereto,
including, but not limited to, notification of Ramsey County and Independent School
District No. 622 and Special Intermediate School District No. 916 having taxing
jurisdiction over the property to be included in the tax increment districts, and the
holding of a public hearing upon published and mailed notice as required by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood as
follows:
1. Tax Increment District. 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. 1-3. Economic Development District No. 1-3 shall have the
initial boundaries as indicated in the tax increment financing plan relating thereto.
2. Development Program and Tax Increment Financing Plan relating to Economic
Develooment District No. 1-3. The development program and the tax increment financing
plan are adopted as the development program and tax increment financing plan for Economic
-Development District No. 1-3, and the City Council makes the following findings:
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(a) Economic Development District No. 1-3 is an economic development district as
defined in Minnesota Statutes, Section 469.174 the specific basis for such determination
being:
Economic Development District No. 1-3 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
development in Development District No. 1, thereby creating new jobs and
expanding the City's tax base.
(b) The proposed redevelopment, in the opinion of the City Council, would not occur
solely through private investment within the reasonably foreseeable future and therefore
the use of tax increment financing is deemed necessary.
The reasons supporting this finding are that:
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 investment will not finance these development activities
because of prohibitive costs. It is necessary to finance these development
activities through the use of tax increment financing so that other development by
private enterprise will occur within Development District No. 1.
(c) The tax increment financing plan for Economic Development District No. 1-3
conforms to the general plan for development or redevelopment of the City of Maplewood as
,whole.
The reasons for supporting this finding are that:
(i) Economic Development District No. 1-3 is prpperly zoned;
(ii) The tax increment financing plan will generally compliment and serve to
implement policies adopted in the City's comprehensive plan.
(d) The tax increment financing plan will afford maximum opportunity, consistent
with the sound needs of the City of Maplewood as a whole, for the development or
redevelopment of Development District No. 1 by private enterprise.
The. reasons supporting this finding are that:
As previously stated, the development activities, consisting of
public improvements, to be financed by tax increment financing are
necessary so that additional commercial development by private
enterprise can occur within Development District No. 1.
3. Tax Increment Financing Plan for Housing District No. 1-3. The amended tax
increment financing plan for Housing District No. 1-3 is hereby adopted. The findings
made by the City Council on January 11, 1988, with respect to the creation of Housing
District No. 1-3 are hereby ratified, confirmed, and adopted.
4. Public Purpose. The development program and the adoption of the tax increment
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.....financing plan for Economic Development District No. 1-3 conforms in all respects to the
equirements of the Act and will help fulfill a need to develop an area of the City which
"'`.is already built up to provide employment opportunities to improve the tax base, and to
improve the general economy of the State and thereby serves a public purpose.
5. Certification. The Auditor of Ramsey County is requested to certify the
original gross tax capacity of Economic Development District No. 1-3 as described in the
tax increment financing plan,a nd to certify in each year thereafter the amount by which
the original gross tax capacity has increased or decreased in accordance with the Act; and
the 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 Economic Development District No. 1-3 for which building permits
have been issued during the 18 months immediately preceding the adoption of this
resolution.
6. Filing. The City Manager is further authorized and directed to file a copy of
the development program and tax increment financing plan for Economic Development District
No. 1-3 with the Commissioner of Energy and Economic Development.
7. Administration. The administration of Development District No. 1 is assigned
to the City Manager who shall from time to time be granted such powers and duties pursuant
to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem
appropriate.
8. Notice of Public Hearing. The actions of City staff in causing the notice of
public hearing to be published in the Maplewood Review are hereby ratified, confirmed, and
adopted.
Seconded by Councilmember Rossbach. Ayes - all.
G. UNFINISHED BUSINESS (Continued)
3. Geranium - Ferndale - Call for Assessment Roll and Assessment Hearing.
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider stated the proposed unit assessment is $500
per residential unit for storm sewer and $.10 per square foot for R-3 Districts and
above.
c. Mayor Greavu introduced the following resolution and moved its adoption.
8 9- 5- 7 4
WHEREAS, the City Clerk and City Engineer have final costs for the improvement of
Geranium - Ferndale Storm Sewer, City Project 87-20.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the City Clerk and City Engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel
of land abutting on the streets affected, without regard to cash valuation, as
provided by law, and they shall file a copy of such proposed assessment in the City
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office for inspection.
FURTHER, the Clerk shall, upon completion of such proposed assessment notify the
Council thereof.
Seconded by Councilmember Rossbach. Ayes - all.
d. Mayor Greavu introduced the following resolution and moved its adoption.
89-5-75
WHEREAS, the Clerk and the Engineer have, at the direction of the Council,
prepared an assessment roll for the construction of Geranium - Ferndale Storm Sewer,
City Project 87-20, and the said assessment is on file in the office of the City
Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 12th day of June, 1989, at the City Hall at
7:00 p.m., to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an opportunity to
be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at least two weeks
prior to the hearing, and to mail notices to the owners of all property affected by
said assessment.
3. The notice of hearing shall state the date, time, and place of hearing, the
general nature of the improvement the area to be assessed, that the proposed
assessment roll is on file with the Clerk and that written or oral objections will be
considered.
Seconded by Councilmember Rossbach. Ayes - all.
2. Hillcrest Assessment Appeals - Two Additional Appeals
a. Director of Public Works Haider presented the staff report.
b. The assessment amount for 24 29 22 33 0014, 9 units and 96 feet of water main
to total of $6,079.50. Recommendation is to deny the appeal.
c. The assessment amount for 24 29 22 33 0015, 12 units and 98 feet of water main
to total $7,048.00. Recommendation is to deny the appeal.
d. Mayor Greavu moved to deny the assessment appeals for parcels 24 29 22 33 0014
and 24 29 22 33 0015 as recommended.
Seconded by Councilmember Anderson. Ayes - all.
0. VISITOR PRESENTATIONS
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1. Geranium - Ferndale Area Residents
a. The following residents of the Geranium - Ferndale area expressed their views
opposing the assessment.
Greg Peterson, 2707 Geranium
Mrs. Mary Jani Schuler, 2648 Gernaium Avenue
Sam Waggerman, 2695 Stillwater Road
John Mortenson, 2638 Gernaium Avenue
Councilmember Bastian arrived at 7:45 p.m.
P. ADJOURNMENT OF MAY 8. 1989 MEETING
8:07 P.M.
City Clerk
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