HomeMy WebLinkAbout07.20.89 and 07.24.89
~ MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.1Y., Thursday, July 20, 1989
and
7:00 P.M., 14onday, July 24, 19 s9
Council Chambers, iunicipal Building
Meeting No. 84-17
A. CALL TO ORDER
A regular meeting of the City Council of 14aplewood, Minnesota, mas held. in the Council
Chambers, Municipal Building, and vas called to order at 4:35 P.M., by Mayor Greavu.
B. ROLL CALL
John Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary td. Bastian, Councilmember Present
Frances L. Joker, Councilmember Present
George F. Rossbach, Councilmember Present
C. APPP.OVAL OF MANTES
1. 14inutes of Extended lieetirg DIo. 89-5 (March 9, 1989)
Mayor Greavu moved to approve the Minutes of Extended Meeting 110. 39-5 (March 9,
1989) as corrected:
Page 4, Item K-4 Change "on" to "near" County Road C
Seconded by Councilmember Rossbach. Ayes - Mayor Greabu, Counci'_members
Anderson, Juicer and P,ossbaeh.
Councilmember Bastian abstained.
2. Minutes of 11eet=ng No. 09-6 (14arch 4, 1989)
Councilmember Anderson taoved to approve the Minutes of lfeeting A'o. 89-6 (14arch 9,
1989) as submitted.
Seconded by Councilmember Bastian. Ayes - all.
3. Minutes of 14eeting No. 89-II (March 13, 1989)
Mayor Greavu moved to approve the 24inutes of lieetin~ No. 89-8 (March 13, 19E9) as
corrected•
Page 6, Item F-2-f. "Peterson"
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Seconded by Councilmember Anderson. Ayes - t4ayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Councilmember Bastian abstained.
4. Minutes of Meeting No. 89-9 (March 27, 1989)
Councilmember Rossbach moved to approve the Minutes of Meeting No. 89-9 (March 27,
1989) as corrected:
Page 5, Item F-2 "House" not "Hause"
Seconded by Mayor Greavu. Ayes - all.
5. Minutes of Meeting No. 89-15 (July 3, 1989)
Councilmember Bastian moved to approve the Minutes of Meeting No. 89-15 (July 3,
1989) as submitted.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach.
Play - Councilmember Juicer.
D. APPROVAL OF AGEPIDA
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Mayor Greavu moved to approve the Agenda as amended: ~
1. Paper Recycling
2. Hazardous Materials
3. Gopher State One Call
4. Noise Ordinance Renewal
5. Contractor's Bids
6. Referendum for Open Space
7. Continue Meetings with Staff
8. City Government Brochures
9. Apartments
10. Maplewood Review
11. Meeting with Legislators
Seconded by Councilmember Juker. Ayes - all.
E. CONSENP AGEPIDA
Council removed Item E-5 to become Item H-11.
Councilmember Bastian moved to table Item E-7 until the July 24, 1989 Meeting...
Seconded by Mayor Greavu. Ayes - al L
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Mayor Greavu moved, Seconded by Councilmember Bastian, Ayes - all, to approve Consent
Items 1 through 4 and 6 as recommended.
1. Approval of Claims
Approved the claims as follows:
ACCOUhTTS PAYABLE;
$ 622,176.56 Checks 414531 - 414577
Dated 06-30-89 thru 07-12-89
$ 97,556.04 Checks 411498 - 411629
Dated 07-20-89
$ 719,732.60 Total
PAYROLL;
$ 181,590.14 Payroll Checks
$ 34,060.06 Payroll Deductions
$ 215,650.20 Total Payroll
$ 935,382.80 GRADiD TOTAL
2. Time Extension: Cave's Currie Street Addition
Approved a time extension of one year or until a new final plat (subject to
original conditions) is recorded, whichever comes first, for Cave's Currie Street
Addition Preliminary Plat.
3. P.U.D. Renewal: Cottages of Maplewood
Approved a one year renewal of the conditional use permit for the Cottages of
Maplewood P.U.D. subject to the original conditions of approval dated December 14,
1987.
4. Gervais Avenue, Project 88-14, Change Orders One and Tcoo
Resolution No. 89 - 7 - 111
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made
Improvement Project 88-14 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 88-14 Change Order One.
3 7-20-84
tdOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MIPffiESOTA,
that the Mayor and City Clerk are hereby authorized and directed to modify the
existing contract by executing said Change Order One in the amount of $2,976.85.
Resolution No. 84 - 7 - 112
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made
Improvement Project 88-14 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 88-14 Change Order Two.
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 Two in the amount of $7,445.00.
5. Cope Avenue, Project 85-26 Change Order Toro
Discussed as Item H-11.
- 6. Final Payment - Pressure Reducing Valve - Project 89-09.
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Resolution No. 89 - 7 _ 113
WHEREAS, theCity Engineer for the City of Maplewood has determined that
Pressure-Reducing Valves, City Project 89-09, is complete and recommends
acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that City Project 89-09 is complete and maintenance of these improvements is j
accepted by the City. Release of any retainage or escrow is hereby authorized.
7. Employee Assistance Program Contract Approval
Tabled until July 24, 1989 Meeting.
F. AWARD OF BIDS
1. Overlay Project
a. Manager McGuire presented the Staff report.
b. Director of Public Works Haider presented the specifics of the bids.
c. Mayor Greavu introduced the following resolution and moved its adoption;
4 7-20-89
89 - 7 - 114
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Northwest Asphalt in the amount of $85,946 is the lowest responsible bid for 1989
Bituminous Overlay, Project 89-14, and the Mayor and Clerk are hereby authorized
and directed to enter into a contract with said bidder for and on behalf of the
City.
Seconded by Councilmember Rossbach. Ayes - all.
G. UNFINISHED BUSINRSS
1. Code Amendment: Conditional use Permits (2nd Reading - 4 Votes)
a. Manager McGuire presented the Staff report.
b. Director of Community Development Olson presented the specifics of the
proposed code amendment.
c. Mayor Greavu introduced the fol"lowing ordinance and moved its adoption:
ORDINANCE N0. 648
AN ORDINANCE AMENDING THE ARTICLE ON
CONDITIOPIAL USE PERMITS AISD THE DEFINITION OF
"COIQDITIONAL USE"
The Maplewood City Council hereby ordains as follows:
Section 1. The definition of "conditional use" in section 36-6 (definitions) is
amended as follow:
Conditional use: "Conditional use" means a land use or development that orould not
be appropriate generally, but may be allowed with appropriate conditions or
restrictions as provided by official controls.
Section 2. Section 36-153 (2), "Conditional uses in an t7-1, light manufacturing
district", is amended by adding line (6) as follooJS:
(g) Heliport
Section 3. Section 36-187 (a), "Conditional uses in an M-1, light manufacturing
district", is amended by adding line (6) as follows:
(6) Heliport
Section 4. Section 36-201, use regulations in an M-2, heavy manufacturing
district, is amended by adding line (i) as follows:,
(i) Heliport
Section 5. Article V. Conditional Use Permits is amended as follows:
5 7-20-39
_
Sec. 36-436: Purpose.
The purpose of a conditional use permit is to provide the City with some
discretion, based on specific standards in determining the suitability of
conditional uses. The City is not obligated to approve such uses.
Sec. 36-437. Conditional Uses.
Conditional use permits may be issued by the City Council for the following uses
in any zoning district from which they are not permitted and not specifically
prohibited:
1. Public utility, public service or public building uses.
2. Mineral extraction.
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3. Library, community center, state-licensed day care or treatment center, (unless
exempted by State law), church, hospital, any institution of any educations,
philanthropic or charitable nature, cemetery, crematory, mausoleum or any other
place far the disposal of the human dead.
4. An off-street parking lot as a principal use in a commercial or industrial zoning
district.
5. Part of an apartment building for commercial use, intended for the building's
residents, such as drugstore, beauty parlor, barbershop, medical office or similar
use.
6. Planned unit developments (PUD).
7. Construction on an outlot.
Sec. 36-438. Planned unit developments generally; definition, purpose and intent;
requirements; etc.
(a) A "planned unit development" (PUD) is a development having two (2) or more
principal uses or structures on a single parcel of land of at least five (5)
acres. A PUD may include townhouses, apartment projects involving more than one
building, multi-use structures, such as an apartment building with retail shops at
ground floor level, and similar projects. A PUD may not be divided unless the
density distribution approved in the PUD is assured.
(b) It is the intention of this section and the other sections of this division
_ relating to planned unit developments to provide a means to allow flexibility by
substantial deviations from the provisions of this chapter, including uses,
setbacks, height and other regulations. Deviations may be granted for planned
unit developments provided that:
(1) Certain regulations contained in this chapter should not apply to the proposed
development because of its unique nature.
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(2) The PUD would be consistent with the purposes of this chapter.
(3) The planned unit development would produce a development of equal or superior
quality to that which would result from strict adherence to the provisions of
this chapter.
(4) The deviations would not constitute a significant threat to the property
values, safety, health or general welfare of the owners or occupants of nearby
land.
(S) The deviations are required for reasonable and practicable physical
development and are not required solely, for financial reasons.
(c) The development shall conform to the plan as filed with the City. Any substantive
changes in the plan shall require a recommendation by the Planning Commission and
approval by the City Council after a public hearing.
Sec. 36-439 Outlots.
(a) No building permit shall be issued for construction upon an outlot, e~~cept by
conditional use permit.
(b) The City Council shall not grant a conditional use permit for building upon any
outlot, unless said outlot meets the following conditions:
(1) It meets the minimum size and frontage requirements provided for in this
chapter.
(2) It has the requisite public improvements.
(3) The permitted density under this Code has not been transferred to another
parcel and is, therefore, sufficient to accommodate the proposed construction.
(4) The outlot is not used for permanent common open space.
(5) The proposed construction can overcome or accommodate topographical problems
and peculiar site characteristics.
Sec. 36-440. Application>
An application for a conditional use permit may be made by any person having a legal
interest in the property described in the application. A11 applications shall be
submitted to the Director of Community Development upon the form supplied by the City.
The Director shall not accept an application that is not complete. Specific
application requirements shall be as stated on this form, but shall include at least
the following information, if applicable:
1. Ali information required on the Community Design Review Board application.
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2. Written justification for any PUD deviations.
3. An abstractor's certificate showing property owners' names and addresses within
350 feet of the boundaries of the property for which the permit is requested.
4. Any other information required by the Director of Community Development, the City
Council or the Council's advisory bodies.
The applicant shall also, at the time of filing such application, pay a fee to the
Director of Community Development to defray administrative expenses incurred by the
City in the handling of the application, which fee shall be established by the City
Council, by ordinance from time to time.
Sec. 36-441. Procedure.
(a) After an application has been submitted, the Director of Community Development
shall prepare a report and recommendation and submit it to the Planning Commission
and Community Design Review Board, as appropriate, for a recommendation to the
- City Council. The Planning Commission and Community Design Review Board. shall
take action on the application within sixty days of their respective hearing
dates, unless an extension is approved in writing by the applicant. The Staff
report and the Planning Commission's and Community Design Review Board's
recommendations shall then be forwarded to the City Council.
(b) The City Council shall hold at least one public hearing on each application for a
conditional use permit. This hearing shall not be held until the Council has
received written recommendations or reports from the City Staff, Planning
Commission and Community Design Review Board or until 60 days have elapsed from
the respective hearing dates.
The Director of Community Development shall havea notice of the hearing published
in the official newspaper at least ten (10) days before said hearing. The
Director shall also cause a notice to be mailed to each of the owners of property
within three hundred fifty (350) feet of the boundary lines of the property upon
which such use has been requested, which notices are to be mailed to the last
known address of such owners at least ten (10) days before the date of the
hearing. Such notice shall include the date, time and place of the hearing and
shall described the conditional use request. Failure of property owners to
receive notice shall not invalidate any of the proceedings in this section.
(c) The council may refer the application back to the Planning Commission when the
Council finds that specific questions or information that may affect the final
decision were not considered by the Planning Commission. This procedure shall
only be used once for each application.
(d) The City Council may approve, amend or deny an application for a conditional use
permit by a majority vote.
(e) A11 decisions by the City Council sha17. be final, except that any person aggrieved
by a decision may, within thirty days of the decision, appeal to the County
District Court.
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Sec. 36-442. Standards.
(a) A conditional use permit. may be approved, amended or denied based on the follocaing
standards for approval, in addition to any standards for a specific conditional
use found in this chapter:
1. The use would be located, designed, maintained, constructed-and operated to be
in conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of e~:cessive
noise, glare, smoke, dust, odor, fumes, water of air pollution, drainage water
run-off, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would gene:-ate only minimal vehicular traffic on local streets and
would not create traffic congestion or unsafe access on existing or proposed
streets.
6. The use would be served by adequate public facilities and services, including
streets,police and fire protection, drainage structures,water and sewer
systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site's natural
and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
10. The City council may waive any of the above requirements for a public building
or utility structure, provided the Council shall first make a determination
that the balancing of public interest between governmental units of the State
would be best served by such waiver.
(b) The applicant shall have the burden of proving that the use would meet all of the
standards required for approval of a conditional use permit. The City may require
the applicant provide, at his or her cost, any information, studies or expert
testimony necessary to establish whether these standards would be met or to
establish conditions for approval.
9 7-20-85
Sec. 36-443. Conditions.
(a) The City Council, in granting a conditional use permit, may impose such conditions
and guarantees that it considers necessary, and as supported by the record of the
proceedings, to protect adjacent properties and the public interest, and to
achieve the goals and objectives of the comprehensive plan.
(b) Conditions and guarantees may include, but are not limited to, the following:
1. Controlling the number, area, bulk, height, illumination and location of such
uses.
2. Regulating access to the property, with particular reference to vehicle and
pedestrian safety and convenience, traffic control and emergency vehicle
access.
3:. Regulating off-street parking and loading areas, including the number and
width of parking spaces.
4. The location and design of utilities, including drainage.
5. Berming, fencing, screening and landscaping, including underground sprinkling.
6. Coapatibility of appearance with surrounding land uses.
7. Preservation of the site's natural, historic and scenic features in the
development design.
II. Limiting the number, size, location or lighting of signage, notwithstanding
the provisions of Article III (sign ordinance).
4. The location, dimensions and upkeep of open space..
10. Increasing required lot size, yard dimensions or setback requirements.
11. Compliance with any plans presented.
12. A time limit for review of the permit.
13. A written agreement, cash escrow, letter of credit or other guarantee to
insure that the project will be built as approved.
14. Restrictive covenants.
15. Control of the interior and exterior components of a building, provided that
such condition does not conflict with the building code. Such components may
include, but not be limited to, the finished exterior materials and
installation of elevators.
16. Control of potential noise generators.
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10 7-20-89
Sec. 36-444. Start of construction or use.
The proposed construction must be substantially started or the proposed use utilized
within one year of Council approval or the permit shall become null and void. The
Council may grant up to one one-year extension of the permit if just cause is shown.
This requirement shall not apply to PUDs with an approved phasing plan. Such
extension shall be requested in writing and filed with the Director of Community
Development at least thirty (30) days before the e:=_piration of the original
conditional use permit. There shall be no charge for filing such petition. The
request for extension shall state facts showing a good faith attempt to complete or
utilize the use permitted in the conditional use permit.
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Sec. 36-445. Permit duration.
(a) All conditional use permits shall be reviewed by the Council within one year of
the date of initial approval, unless such review is waived by Council decision or
ordinance. At the one-year review, the Council may specify an indefinite texm or
specific term, not to exceed five (5) years, for subsequent reviews. The Council
may impose new or additional conditions upon the permit at the time of the initial
or subsequent reviews.
(b) A conditional use permit shall remain in effect as long as the conditions agreed
upon are observed, but nothing in this section shall prevent the City from
enacting or amending official controls to change the status of conditional uses.
Any conditional use that meets the agreed upon conditions and is later allowed.
because of the City enacting or amending official controls shall be considered a
legal nonconforming use.
Sec. 36-446. Permit termination, suspension or revision.
(a) The Council may suspend or terminate the permit if the approved conditions have
been violated or the use is no longer in effect. Where the construction of a
building or structure of a monetary value in excess of $100,000 has been
permitted, the Council shall provide for a period of amortization of not less-than
five (5) years. Where public health, safety and welfare concerns are threatened,
the five-year amortization period is not required and the Council may determine
the amortization period, if any, to be allowed. The property owner of the
property upon which the conditional use permit was issued shall be notified '_r.
writing at least ten days before the meeting. If the proposed termination is
based on a violation of conditions, the property owners within 350 feet shall also
be notified. The Director of Community Development may issue a stop order for
work in progress until the Council hears the matter.
(b) In the event the Council in its review process decides to consider imposing
additional conditions, the City Council shall hold at least one public hearing on
that permit. The Council shall cause a notice to be mailed to each of the owners
of property within three hundred fifty (350) feet of the boundary lines of the
property, upon which such use has been established; which notices are to be mailed
to the last known address of such owners at least ten (10) days before the date of
the hearing.
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Sec. 36-447. Reapplication.
Whenever an application for a conditional use permit has been denied by the City
Council, a similar application effecting substantially the same property shall not
be considered again by the City for at least one year from the date of its denial,
unless the Council directs such reconsideration by at least four (4) votes.
Sec. 36-448. Conditional uses to conform to terms and conditions attached to granting
of permit.
Any use permitted under the terms of any conditional use permit shall be established
and conducted in conformity with the terms and conditions of the permit.
Any change involving structural alteration,enlargement, intensification of use, or
similar change not specifically permitted by the conditional use permit shall require
an amended permit and all procedures shall apply as if a new permit were being issued.
All uses existing at the time of adoption of this article shall be considered as
having a conditional use permit which contains conditions which permit the land use I
and structures as they existed on said date. Any enlargement, structural alteration,
or intensification of use shall require an amended conditional use permit as provided
for above.
Sec. 36-449. Records.
The Director of Community Development shall maintain a record of all conditional use
permits issued, including information on the use, location, conditions imposed by the
Council, time limits, review dates and other information as may be appropriate.
Sec. 36-450. Filing of Permit.
A certified copy of any resolution approving a conditional use permit shall be filed
with the County Recorder or Registrar of Titles. The resolution shall include the
legal description of the property. Failure to file does not effect the validity or
enforceability of the permit.
Secs. 36-451 - 36-460. Reserved.
Section 6. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Anderson. Ayes - all.
2. Variances and Variations
a. Director of Community Development Olson presented the Staff report.
b. Discussion held by Council. No action taken.
H. NEW BUSIPIE:SS
1. Authorization to Advertise For Bids: City Hall Expansion
12 7-20-89
a. Dean Johnson, Architect T. Y..D.A. presented the plans for expansion of City
Hall and. discussed them in detail.
b. Mayor Greavu moved to authorize advertising for bids for the City Ha11
expansion with the understanding that alternatives be included for the remodeling
of Council Chambers, basement storage area and for changes in existing building.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Juker and Rossbach.
Nays - Councilmembers Anderson and
Bastian.
2. Preliminary Approval of Tax Exempt Revenue Bonds: Volunteers of America
a. Manager McGuire presented the Staff report.
b. Jeff Anderson, Vice President in charge of Finance for Volunteers of America,
explained the request.
c. Wood Kidner, Volunteers of America, also spoke.
d. Mary Ippe1, Briggs and Morgan, Bonding Consultant, erplai_ned the procedures.
e. Mayor Greavu introduced the following resolution and moved its adoption:
89 - 7 - 115
RESOLUTION RECITING A PROPOSAL FOR A
NURSING HOPSE PROJECT; GIVIP7G PRELIMINARY
APPROVAL TO THE ISSUANCE OF TAX EXEMPT
REVEPNE BONDS FOR SUCH PROJECT;
AND AUTHORIZING THE PUBLICATI01: OF A
NOTICE OF PUBLIC HEARING AA7D
PREPAP.ATIOA' OF NECESSARY DOCUMEIITS ADiD
MATEP.IALS IN COT717ECTIOP7 WITH SAID PROJECT
WHEREAS,
(a) The purpose of Minnesota Statutes Chapter 469.152 through 469.165 (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 possible the emergence of
blighted and marginal lands and areas of chronic unemployment;
(b) The Act further states that the welfare of the State of Minnesota further
requires the provision of necessary medical and health care facilities to the end
that adequate health care services be made available to the residents of the State
at reasonable costs;
(c) Factors necessitating the active promotion and development of such
' medical and health care facilities are the increasing concentration of population
13 7-20-89
in the metropolitan areas and the rapidly rising increase in the amount and cost
of medical and health care services required to meet the needs of the increased
population;
(d) The City Council of the City of Maplewood, Minnesota (the "City°) has
received from Volunteers of America Care Centers of Minnesota, a nonprofit
corporation (the "Company") a proposal that the City issue its tax-exempt revenue
bonds (which may be in the form of a single note) (the "Bonds") pursuant to the
Act: to finance the acquisition of the Maplewood Care Facility currently located in
the City and owned by Volunteers of America Care Facilities (the "Project");
(e) The City desires to facilitate the selective development of the
community, retain and improve the ta~c base and help to provide the range of
services and employment opportunities required by the population; and the Project
will assist the City in achieving those objectives;
(f) The City has been advised by representatives of Company that
conventional, commercial financing to pay the capital cost of the acquisition 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;
{g) tdo 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; and
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(h) 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 469.154, Subdivision 4 of the Act.
PLOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. The Council hereby gives preliminary approval to (a) the proposal of
Company that the City undertake the Project pursuant to Chapter 4b9.152 through
469.165 of the tinnesota Statutes, consisting of the acquisition of the Project
within the City suitable for the continued and increased operation of such
facilities, and (b) the execution of a revenue agreement between the City and
Company upon such terms and conditions between the City and Company upon such
terms and conditions with provisions for revision from time to time as necessary,
so as to produce income. and revenues sufficient to pay, when due, the principal of
and interest on the Bonds in the total principal amount of approximately
$4,300,000 to be issued pursuant to the Act to finance the acquisition, renovation
and expansion of the Project. Said agreement may also provide for the entire
interest of Company therein to be mortgaged to the purchaser of the Bonds; and the
City hereby undertakes preliminarily to issue its Bonds in accordance with such
terms and conditions.
2. On the basis of information available to this Council it appears, and the
Council hereby finds, that the Project constitutes properties, real and personal,
used or useful in connection with one or more revenue producing enterprises
14 7-20-29
engaged in any business within the meaning of Subd'_vi_sion 2(d) of Section 469.153
of the Act; that the Project furthers the purposes stated in Section 469.152 of
the Act; that the availability of the financing under the Act and willingness of
the City to furnish such financing will be a substantial inducement to Company to
undertake the Project, and that the effect of the Project will be to help the City
retain health care and nursing home facilities and to provide the range of service
and employment opportunities required by the population, to help prevent the
movement of talented and educated persons out of the State and to areas within the
State where their services may not be as effectively used, to promote more
intensive development and use of land within the City and eventually to increase
the tax base of the Community.
3. In accordance with Subdivision 4 of Section 469.154 of the Act, the City
Clerk of the City is hereby authorized and directed to cause public notice of a
public hearing for the Project to be published in the official newspaper and 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 (August 28, 1989), in
the form prepared by bond counsel which notice shall describe the general nature
of the Project, estimate the principal amount of the Bonds to be 9_s sued to finance
the Project, and establish as a date for such hearing a date which is acceptable
to the City and the Company. The City Clerk is also hereby authorized and
directed to prepare a draft of the proposed application to the Minnesota
Department of Trade and Economic Development for approval of the Project, and to
cause such application to be available for inspection by the public at the City
hall from and after the publication of notice of the hearing.
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 Company.
5. Briggs and Morgan, Professional Association, acting as bond counsel, and
Dougherty, Dao~k ins, Strand & Yost, investment bankers, are authorized to assist ir.
the preparation and review of necessary documents relating to the Project, and to
consult with the City Attorney, Company and the purchaser of the Bonds as to the
maturities, interest rates and other terms and provisions of the Bonds and as to
the covenants and other provisions of the necessary documents and to submit such
documents to the Council for final approval..
6. Plothing in this resolution or in the documents prepared pursuant hereto
shall authorize the expenditure of any municipal funds on the Project other than
the revenues derived from the Project or otherwise granted to the City for this
purpose. The Eonds shall not constitute a charge, lien or encumbrance, legal or
equitable, upon any property or funds of the City except the revenue and proceeds
pledged to the payment thereof, nor shall the City be subject to any liability
thereon. The holder of the Bonds shall never have the right to compel any
exercise of the taxing power of the City to pay the outstanding principal on the
Bonds or the interest thereon, or to enforce payment thereof against any property
of the City. The Bonds shall recite in substance that the Bonds including
interest thereon, are payable solely from the revenue and proceeds pledged to the
payment thereof. The Bonds shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation.
15 7-20-89
7. In anticipation of the approval by the Project and the issuance of the
Bonds to finance all or a portion of the Project, and in order that completion of
the Project will not be unduly delayed when approved, Company is hereby authorized
to make such expenditures and advances toward payment of that portion of the costs
of the Project as Company considers necessary, including the use of interim,
short-term financing, subject to reimbursement from the proceeds of the Bonds if
and when delivered but otherwise without liability on the part of the City.
Seconded by Councilmember Rossbach. Ayes - all.
f. Mayor Greavu _moved to table preliminary approval until after the hearing is
held, inform the applicant that the pro'ect will have to at least include the
folioaring improvements to qualify for tax-exempt financing:
1. The remainder of the building must be sprinklered to meet the building
code.
2. 10-15 additional parking spaces shall be added, subject to approval of the
Community Design REview Board. Concrete curbing shall be provided around
the new parking spaces and the two existing lots.
' 3. The trash enclosure shall be screened to meet City Code.
4. Change the address to 1905 Cope P.venue.
Seconded by Councilmember Rossbach. Ayes - a1 L
3. Audio King Addition: 1872 Beam Avenue
a. Community Design Review Board Appeals
b. Authorization for a Reduced 2dumber of Parking Spaces.
1. Manager McGuire presented the Staff report.
2. Director of Community Development Olson presented the specifics of the
proposal.
3. Ke11y Doran, Robert Larsen Partners, the applicant, spoke on behalf of the
proposal.
4. Board Member Roger Anitzberger presented the Community Design Review Board
report.
5. Mayor Greavu asked if anyone in the audience wished to be heard. The
following expressed their concerns:
Robert Sohnson, 1871 Radatz
Nora Germain, 1851 Radatz
6. Councilmember Bastian moved to approve the request of Audio King as
recommended, subject to Staff reviewing if this proposal meets the 805,
screening requirement, etc.
16 7-20-89
Seconded by Mayor Greavu.
Councilmember Bastian withdrew his motion.
7. Councilmember Bastian moved preliminary approval of the request by Audio
King subject to Staff determining what constitutes a "public garage" and
investigate the number of parking spaces there will be if parking is
prohibited from behind the building and report bacY, at Monday's Meeting,
July 24, 1989.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Bastian and Rossbach.
Nays - Councilmembers Anderson and
Juker.
4. Metropolitan Council Planning Loan
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following, resolution and moved its adoption:
89 - 7 - 116
WHEREAS, the Metropolitan Council has recently issued a new system statement
for the City of Maplewood; and
WHEREAS, the City of Maplewood's Comprehensive Plan is not consistent with
this statement and needs updating; and
WHEREAS, the cost of this updating is an eligible cost for a local planning
assistance loan;
NOW, TEEREFOP.E, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the attached
application for a local planning assistance loan be forwarded to the Metropolitan
Council.
Seconded by Councilmember Rossbach. Ayes - all.
5. Consideration: Amendment to Council Rules of Procedures
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to amend the Rules of Procedures as follows:
Section A. "the Council shall meet at 4:30 P.M., on the Thursday following
the second and fourth Mondays."
Section F. delete "The Clerk shall call the roll, note the absentees and
announce whether a quorum is present" and delete the word "following" and
replace it with "established". Delete the agenda format.
17 7-20-09
Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach.
Nay - Councilmember Juker.
6. 1990 Proposed Budget
a. Manager McGuire presented the Staff report and stated the meetings with Staff
and Council were established as August 9, 1989 from 1:00 P.M. to 9:00 P.M.
7. Resolution Levying Taxes Payable in 1990
a. Manager McGuire presented the Staff report.
b. Director of Finance Faust explained why this action is necessary. ~
c. Mayor Greavu introduced the following resolution and moved its adoption:
89 - 7 - 117
BE IT RESOLVED BY THE CITY COUA'CIL OF THE CITY OF MAPLEWOOD, MINT7ESOTA, that:
1. The following amounts of taxes be levied for 1989, payable in 1990, upon the
taxable progerty in said City of Maplewood, for the following purposes: ~
General Operations $ 4,376,230 i~
Capital Improvements 593,210
Debt Service 504,200
TOTAL LEVY $ 5,473,640
2. There is on hand in the following sinking funds excess amounts as indicated
after each fund and such shall be used to pay on the appropriate obligations
of the City:
DESCRIPTION
1967 General Obligation Sanitary Sewer Bonds $ 12,000
1972 General Obligation Improvement Bonds: Series 1 45,000 ~
1973 Improvement Bonds 118,100
1974 Refunding Bonds 69,000
1977 General Obligation Improvement Bonds: Series 2 167,000
1977 Refunding Bonds 263,700
1979 General Obligation Improvement Bonds 72,000 i
1988 General Obligation Improvement Bonds 355,546
1977 Public Works Building Bonds 37,270
1980 Fire Station Bonds 18,830
TOTAL $1,158,446
In accordance with Minnesota Statutes 475.61 and 273.13, Subd. 19 (3), (a),
(b), (c), and Chapter 297a and Chapter 162 of Minnesota Statutes, the County
Auditor of Ramsey County is hereby authorized and directed to reduce by the
18 7-20-89
amounts above mentioned the tax that would otherwise be included in the rolls
for the Year 1988 and collectible in 1989.
3. It has been determined that the following sinking funds have insufficient
projected assets to meet projected liabilities, as required by State Statute,
and the original resolution levying ad-valorem taxes must be increased by the
following amounts:
1972 General Obligation Improvement Bonds: Series 2 $ 690
1977 General Obligation Improvement Bonds: Series 1 182,200
TOTAL $ 182,890
4. Changes set forth in sections one (1) and two 92) above result in a net
reduction of $975,556 in the scheduled levy of $1,479,756.
Seconded by Councilmember Rossbach. Ayes - all.
Remaining Agenda Items to be heard on Monday, July 24, 1989.
K. ADJOURP~fiIEIdT OF JULY 20, 1989 MEETING.
8:07 P.M.
L. REC014VENE; CALL JULY 24, 1959 MEETIPIG TO ORDER
Mayor Greavu reconvened the meeting at 7:02 P.M.
P.` ROLL CALL
Sohn C. Greavu, Mayor Present
D?orman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
Councilmember Bastian moved to suspend the Rules of Procedures and discuss Item li-1
after the Public Hearings.
Seconded by Councilmember Anderson. Ayes - a11.
PIA. APPOINTMENTS
1. Police Civil Service Commission.
a. Manager McGuire presented the Staff report.
b. Robert Dollershell, 1740 Kennard Street, the applicant, appeared before the
Council.
c. Councilmember Bastian moved to appoint Robert Dollershell to the Police Civil
Service Commission.
19 7-20-89
Seconded by Councilmember Anderson. Ayes - a11.
t1. PUBLIC HEARINGS
1. 7:00 P.M., Assessment Hearing: Brooks Avenue Project 88-8
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of the proposed assessment roll for Brooks Avenue Water Main Project 88-8.
b. Manager McGuire presented the Staff report.
c. City Attorney John Bannigan explained the procedures for the assessment
hearing and stated:
Anyone who anticipates that they may appeal to the District Court if the
proposed special assessment roll is adopted, must have filed with the City
Clerk prior to this hearing or present to the presiding officer of the hearing
a written objection signed by the affected property owner.
In the event that any affected property owner(s) file written objections, upon
the adoption of the special assessment roll, the Council will set the date,
time and place for an adjourned hearing to consider any issues raised as to
special benefits.
Again, to preserve your rights to pursue an appeal, it is mandatory that ~
written objections signed by the affected property owner have been filed
before tonight's hearing with the City Clerk or with the Mayor. tonight.. i
d. Director of Public Works Haider presented the specifics of the improvement.
e. Mayor Greavu called for proponents. None were heard. ~I
f. Playor Greavu called for opponents. The following were heard:
Mrs. Patricia Speese, 1561 Brooks Avenue
Mrs. Ralph Jones, 1572 Brooks Avenue
Mr. Stanley Harris I
g. Mayor Greavu closed the public hearing.
h. Mayor Greavu introduced the following resolution and moved its adoption:
89 - 7 - 125
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 Brooks Avenue Water Main - Hazelwood to
Germain, as described in the files of the City Clerk as Project 85-08, and has
amended such proposed assessment as it deems just,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUPICIL OF MAPLEWOOD, MIPIDIESOTA:
20 7-20-89
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 etch tract of land
therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending
I 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 Section 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 Clerl: shall forthwith transmit a certified duplicate of this
assessment to the County Auditor to be extended on 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 - x11.
i. Objections to the assessment roll will be heard August 14, 1989..
2. 7:00 P.M., Assessment Hearing: County Road C Project 88-10
a. Mayor Greavu convened the meeting fo-r a public hearing regarding the adoption
of the proposed assessment roll for County Road C Water Main Project 88-10.
b. Manager McGuire presented the Staff report.
c. City Attorney Bannigan explained the procedures of the assessment hearing and
stated:
Anyone who anticipates that they may appeal to the District Court if the
proposed special assessment roll is adopted, must have filed with the City
21 7-20-89
Clerk prior to this hearing or present to the presiding officer of the hearing
a written objection signed by the affected property owner.
In the event that any affected property owner(s) file written objections, upon
the adoption of the special assessment roil, the Council will set the date,
time and place for an adjourned hearing to consider any issues raised as to
special benefits.
Again, to preserve your rights to pursue an appeal, it is mandatory that
written objections signed by the affected property owner have been filed
before tonight's hearing with the City Clerk or with the Mayor tonight.
d. Director of Public Works Haider presented the specifics of the proposed
assessment roll.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. The following were heard:
Mr. Bi11 Howard, 931 E. County Road C.
Mrs. Geraldine Howard, 931 E. County Road C.
Mr. Elmer Stanke, 910 E. County Road C.
Mrs. Christina Palme-Krizak, 837 Palm Court.
Mr. Ray Kruse, 854 Palm Court
Mr. Dave Fenner, 842 E. County Road C.
Mrs. Jeanette Vasilakes, 838 Palm Court I
Mr. Jim Vitale, 830 Palm Court. ~
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson introduced the following resolution and moved its ~I
adoption•
89-7- 126
WHEREAS, pursuant to proper notice duly given as required by law, the City I,
Council has met and heard and passed upon all objections to the proposed
assessment for the construction of Keller Parkway/County Road C water main, as
described in the files of the City Clerk as Project 88-10, and has amended such
proposed assessment as it deems just,
N04], THEREFORE, BE IT RESOLVED BY THE CITY COUDICIL OF MAPLEWOOD, MR]IIESOTA;
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 benefited 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
22 7-20-89
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 Section 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 on the property tar. lists
of the County, and such assessments shall be collected and paid over in
the same manner as other municipal tares.
- Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
' Play - Councilmember Bastian.
i. Request for appeals and adjustments of the assessment roll will be heard
August 14, 1989.
H. NEW BUSINESS (Continued from July 20, 1489.
8. Budget Transfer (Public Works)
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to approve a budget transfer of $20,000 from the general
fund contingency to the Maintenance material budget in the street department to
cover the costs of the bituminous material and salt/sand mix..
. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
23 7-20-89
0• VISITOR PRESENTATION
1. Mr. Don Conklin
a. Mr. Conklin wished to appear before the Council to seek their opinion of a
development of apartment buildings he is proposing on County Road D east of Ariel.
b. Council stated they could not give a definite answer.
c. No action taken.
H. NEW BUSINESS (Continued from July 20, 1989)
9. County Overlay Projects
a. Manager tdcGuire presented the Staff report.
b. Mayor Greavu moved to authorize an expenditure of up to $10,300
frorn the street construction account for shoulder paving at two locations: 1)
Keller Parkway south of Arcade Street and McKnight Road from Phyllis Court to
Mail and P.oad.
Seconded by Councilmember Anderson. Ayes - a11.
10. Schedule Joint Meeting
a. Manager McGuire presented the Staff report.
b. Councilmember Rossbach moved to schedule a meeting between the Council,
Planning Comaission, Community Design Review Board and H.R.A. for August 10, 1989,
at 7'00 P.M.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
3. Audio Y.ing Addition: 1872 Beam Avenue
a. Community Design Review Board Appeals
b. Authorization for a Reduced Number of Parking Spaces.
1. Manager McGuire presented the Staff report.
2. Director of Community Development Olson explained the details of the
proposa?.
3. W. Christopher Ga11e, Project Director, The Robert Larson Partners, Audio
King, presented their proposal.
4. Mayor Greavu moved to approve the following:
24 7-20-89
a. Approve 23 fewer parking spaces than are required by Code, subject to
the condition that employees be prohibited from parking in the rear lot,
only if there are available spaces in the front.
b. Council finds that this use is not a public garage and includes the
following conditions:
1. No petroleum products would be added to, applied to or removed
from the vehicle.
2. There would be no maintenance, servicing or repair of vehicles or
.parts of vehicles, including car washing.
3. There would be no vehicle hoist or lift.
4. There would be no noxious materials used.
c. Require that at least 80% screening be provided at the east end of the
rear parking lot.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Bastian and Rossbach.
Nays - Councilmembers Anderson and
Juker.
'-012. City Ha11 - Clarification
a. Councilmember Bastian requested that there be a clarification regarding the
items to be bid separately from the City hall Expansion bid.
1. Audio Visual
2. Council Expansion
3. Map 1e Leaf
4. Wall Covering
11. Cope Avenue, Project 85-26, Change Order Two
a. Manager McGuire presented the Staff report.
b. Director of Public Works Haider explained in detail the necessity of the
change order.
c. Councilmember Rossbach moved that the portion of the change order that
reflects the cost of the Utility Company locating a hydrant in the wrong location
and having to relocate be returned to the contractor with the instructions they
bill the utility company.
Seconded by Councilmember Anderson. Ayes - all.
d. Councilmember Rossbach introduced the following resolution and moved its
adoption:
25 7-20-89
89 - 7 - 118
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 85-26 and has let a construction contract pursuant to
Minnesota Statutes, Chapter 429, and
WHEREP.S, it is now necessary and exped~.ent that said contract be modified and
designated as Improvement Project 85-26 Change Order Two.
NOW, TP.EREFORE, 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 Two in the amount of $1,009.06.
Seconded by Councilmember Anderson. Ayes - all.
13. Employee Assistance Program
a. Councilmember Bastian moved to approve the Employee Assistance Program and
renew the contract with T.E.A.M. for one year at $12.00 per employee per year.
Seconded by Councilmember Anderson. Ayes - a11.
I. COUNCIL PRESEPITATIOidS
1. Paper Recycling
a. Councilmember Bastian stated the City is using colored paper that cannot be
recycled.
b. Council instructed Staff to use the balance of the colored paper that is not
recyclable (goldenrod, dark purple, cherry, etc.) but do not order again.
c. Councilmember Bastian also requested Staff to check on the City's envelopes
that have cellophane windows to see if we-can do away with that also.
d. Staff Drill investigate.
2. Eazardous Material Response
a. Councilmember Bastian questioned what the cost of the "employee right to
know"" issue. State cost versus local costs.
b. Staff will investigate.
3. Gopher State One Call
a. Councilmember Bastian stated he did not know the City was charged for the
Gopher State One Call Program.
b. Staff stated the City had spent approximately $1700 since Plovember, 1988.
4. I4oise Ordinance
26 7-20-89