HomeMy WebLinkAbout10.09.89 and 10.12.89 MIf7ff1'ES OE MAI?LEId00D CITY COUir'CIL
7:00 P.hi., Monday, October 9, 1989
and
4:30 P.i4., Thursday, October 12, 1939
Council Chambers, h:unicipal Building
ldeeting No. 39-22
A. CALL TO ORDER
A regular meeting of the City Council of 15aplewood, ftinnesota, was held in the
Council Chambers, hiun_cipal- Building, and was called to order at 7:02 P.f4., by
Mayor Greavu.
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B. ROLLCl.L
John C. Greavu, Mayor Present
idorman G. rnderson, Councilmember Present
Gary W. Bactian, Gouaci=member Present
Frances L. Jukes, Councilr.:ember Present
George F. Rcssbach, Coune~lmember Present
C. APPP,OVAL OF 2•tITNTES
1. 14inute: of 2•Yeeti.ng I3o. 89-9 (Apr;.l_ 6 and 10, 1939)
Councilmember Anderson moved to approve the Minutes of Meeting hIo. 3^>-9
(Apra-1 G and 10, 1939) as submitted.
Seconded by Councilmember Bastian. Ayes - all.
2. h1i.rutes of Meeting No. 89-10 (April 10 and 24, 1939)
Ccunc_inember Bast_ar. moved that the hi--nutes of i•te2t;.ne ?Io. 89-10 (Apr
ZO and 24, 1939) be approved a submitted.
Seconded by Counc-~lmember Rossbach. Ayes - all.
3. Minutes of Council/Manager Worlahop (August 13, 1989)
Councilmember P.nderson moved to approve the Minutes of Counci'_/I4auager
[Y'orla hop (August 18, 1929) as submitted.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmember
Anderson, Juicer and Rosabach
Councilmember Bastian absta-ned.
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APPROVAL OF AGEIIDA
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h4ayor Greavu moved to approve the Agenda as amended:
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1. Ga11 St*_eet
2. Brush Burning
3. Allen Anderson - Water Problems
4. Larpenteur Avenue - Width
5. Inflatable Domes
6. Fire Department Study ~ ~ ~
7. State Research Lab
8. Convenience Stores - Fuel Pumps C
9. County Road B, Between Cub Foods and Dental Building
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10. Item E-7 be -removed.
11. Recreational Vehicles
Seconded by Counc.'.'_member' Bastian. Ayes - ail.
- E-A APPOIIITP%iE~ITS
1. Plann~_ng Commission Appointments
a. h€anager PdcGui-re presented the Staff report.
b. Gary Gerke, cand:l_date for pos=.tion on Piarning Commiissior., ane~~.esed
questions from the Council.
c. L?il.l Rossbach, 1386 E. County Road C, a candidate spoke on beha_f of
being appointed to the Planning Commission.
d. Councilmetber Anderson moved to appoint Gary Gerke, 1?.52~Cope Avenue,
and Wiliam Rossbach, 1386 E. County Road_C to the Piann>ng Comr:-'_sson as
r ec omcnerd e d .
Seconded by Councilmember Bastian. Ayes - I4ayor Greavu, Couacilmer.:bers
Anderson, Bast.ar. and Jul=_e r.
Councilmember Rossbach abstained.
E. GOT.iSEidT AGEI~IDA
Council removed E-11 from the Consent Agenda to become I-8.
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Councilmember Anderson moved, seconded by Councilmember Rossbach, Avec - all, to
approve the Consent Agenda, Iters E-1 throe^h 6 and 8 throu~+h 10 as recommended.
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1. Approval of Claims ~ '
Approved the Claims as folioL~;s:
2 10-0-89
~ ACCOUNTS FAYABLE:
$ 541,588.17 Checks X14827 - ,',E4395
Dated 09-14-89 thru 09-29-89
$ 178,610.95 Checks 112.177 - !12271
Dated 10-09-89
$ 720,169.12 Total per attached voucher/ched: register I
PAYROLL•
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$ 169,675.28 Payroll Checks
' $ 33,011.63 Payroll Deductions
$ 202,686.91 Total Payroll
$ 922,356.03 GP.AND TOTAL
2. Conditiona" Use Permit Renewal: 2691 47hite Bear Avenue (Paplewood Covenant
Church).
P.pproved a renewal of the conditional use permit for an outpatient
adolescent chemical dependency center at 2691 White Bear Avenue for fi•Je-
years subject to the original. conditions o_` approval.
3. Conditional Use Permit Termination: 2239 H:illwood Avenue (Sm:ith)
Approved the termination of the cond:i.tional use perm-it'fo"r. a clearing
business home occupation at 2239 Hazeicaood Street, _nce the app!?_cants
sold their business and Baili no longer beeonducting this business at that
"_ocat>on. "
4. T=me ~.a ension: 14i.ggler Add;tior, Preliminary Plat
Approval of a one-year time ertens;_on for the t4iggler Addition preliminary
plat subject to the September 26, 1988, conditions of approva'_.
5. Budget Transfer: Public Works
Approved a transfer of $5,196.25 from the general fund contingency to
Public Works Administration Account 101-501-5630 to cover the unbudgeted
costs of cor..puter hardware and softccare of which $4,779.00 wi11 be
reimbursed later by the state aid office.
6. Donation to Mature Center
Accepted the donation of $50.00 from the Maplewood Oakdale Lions Club for
the purpose of purchasing candy for the Maplewood A'ature Center's
Ha17.oiaeen haunt ProLram (101-604-4120) on }4onday, October 30, 1489.
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7. Budget Transfer: City Clerk - Temporary Help
Removed f°om Agenda.
8. Certificat:.on of Election Judges
Resolution No. 89 - 10 - 160
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the
follocaing list of Eiecti.on Judges for the 198S General Election, Tuesday,
I•Jovember 7, 1989:
Precinct 140. 1 Precinct No. 8
t•:arl Biebighauser, Chairman Betty Berglund, Chairman ~I
Irene L`ng Phyllis Lofgrer. I
Claire pcal~~ Rita Freder iclaon
Kathy Be-rqual Clancy Behr ~i
Precinct t?o. 2 Precinct No. 9
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Pat Thompson, Chairman Be'rnad_ne 24ortinson, Chairman
I:athleen Ditte'_ De"ores Schipp
F_orence Stella Margaret P;cl)onald
Hele.: D+.c'_cson Ruth Myclaebg-Lang
Precinct D?o. 3 ?recirct tdo. 10
Charlene Arbuckle, Cha~.rman Pat T•lerden', Cairman
Doris Broady tYary Lou Lieder
Alice 14i11e'~- Diane Goiasici
Richard Wolszon Anne FosburEh
Precinct )lc. 4 Precinct hlo. 11
Caroiiue vlarner, Chairman Shirley Luttrell, Chairman
Betty Eddy Maxine Olson
Joyce Lipinski Delores Lofgren
LeAnn Kaup Y.elen Ring
Precinct t?o. 5 Prec_nct Ido. 12 ,
Elsie idiegert, Cha=sman Mary Libitardt, Chairman..
Emma K1ebe Deloris Fastner
Phyllis E ri ckson Mildred Dehen
Amiette LaCasse Marcella 4Jatson
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Precinct No. 6 Precinct No. 13 '
Kathy Supan, Chairman Jack Arbuckle, Chairman
Gunbor; Mowchan Donald fliegert
Linda Prigge Bill Schneliman
Judy Widho7.m Richard Lofgren
- Sandy Jones
Precinct No. 7 Precinct PIo. 14
Pfargaret Wolszon, Chairman Marilyr. Wold, Chairman
Armella Podgorski Grace Locl;e
Joan Cottrell Elsie Anderson
Mildred Burke hfargaret Earley
Betty Haas
9. Budget Transfer - "Paplewood In Motion"
Approved a budget transfer cf $1,550 from the Contingency Account to fund
a si.~ah and final issue of "Maplewood In I9otion" for November and December.
10. Cancel Budget Rearing
Cancelle3 the budget hearings that were established.
11. Certification of Delinquent Sewer Accounts
Discussed under Item I-8.
F. PUBLIC HEARIPIGS
1. 7:00 P.I4., Upper Afton Road, Project 56-07 (4 Votes)
a. i~faycr Greavu convened the meeting for a public lzearing to cons~.der the
improvec:ent of Upper Afton Road, fi.om t•ScKni.ght Road to Centu=_~y Avenue.
b. Manage- McGuire presented the Staff report.
c. City Attorne}• Patrick Kelly explained the proceedings of the public
hewing.
d. Assistant City Engineer Irish presented the specifics of the proposed
improvements.
e. Idayor Greavu called for persons who wished to be heard for or against
the proposal. The following area residents e::pressed tiiei.r opinions:
Emil Wi.ter:icke, 92 Dennis Lane
Ray Schriber, 16 Ferndale
Ed Vitel:, 2507 Upper Afton Road
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- Sames Su11_van, 2647 Upper Afton Road _
Peu';ne Hocaaad, 2663 Upper After Road
Rite Brenner, 2673 Upper Afton Road
I4r. Sanisch, 2573 Upper Afton Road
Ralph 1~7ordstrom
Vern Tisch?.er., 2689 Upper Afton Road
Tony Bei:avac, 48 Mayhill Road
Dean Larson, 77 Farre7.l St., presented a petition requesting resurfacing of
side streets
f. P~tayor Greavu closed the public hearing.
g. Counci._member Anderson introduced the following resolution and moved i.ts
adoption: -
89 - l0 - 161
WHEREAS, after due notice of public hearing on the construction or"
bituminous street s~itlz concrete curb and gutter, storm sewer, wate_~ main,
and appurtenances on Upper Alton P.oad from Mclzright Road to Century
Avenue, City Project 86-07, a hearing on said improvement in accordance
with the notice du_y given was duly held on I°tonday, October 9, 1989, and
the Council has heard all persons desiring to be heard on the matter and
has fully considered the same; !
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TOFF, THEREFOR.:, BE IT P,ESOLVED BY THE CITY COUNCIL OF ~L4PLE4700D, ~
NIN2:ESOTA, as fol"1ov:s:
1. That it is advisable, eripedient and necessary that the
C?-ty or" I4aplec~:ood construct bituminous street ta.th
concrete curb and gutter, storm sewer, caater mein, and i
appurtenances on Upper Afton Road .from P1cI:night Road to
Century Avenue, City Project 86-07, as described in the
notice of eearing thereof, and orders the same to be made.
2. The City Engineer i.s des:i_gnated Engineer for th~.s
improvement and ~-s hereby directed to prepare final plans
and specifications for the making of said improvement.
Seconded by Counc'_lmenber Rossbach. Ayes - all. ~i
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h. Councilmember Anderson moved to instruct Staff to contact Ramsey
County regarding pari;in lots on their propert flashing li-hts at
Crosse~alia and further instructed Staff to investigate the possibilit' of
an overlay project for the streets i.n the area.
Seconded bj= Councilmember Bast:i-an. Ayes - &?.1.
2. 8:00 P.Pi., Preliminary Plat: Seasons Pa~'r.
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a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Sherman Boosalis Interests, Inc., for approval of a preliminary plat for ?.0
si..ngle family lots known as Seasons Panl: Addition to Maplewood.
b. I•ianager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal. -
d. Director of Public Ylorks Raider ans;aered questions regarding the
drar._nage system.
e. Di. rector of Community Development Olson presented ti,e Pianni_ng
Commission report.
f. Mario Cocchiarella, representing the deve?.open, Sherman Boosalis
Interests, Inc., spoke on behalf cf the proposal.
g. Mayor Greavu called for persons who wi.sned to be heard for or against
the proposal. The following were heard:
Joseph Zappa, 2522 Elandrau, s*_ated the easement for right of way
signed by the City and the Oswalds was not legal.
John Oswald and Y.anen Oswald e..pressed the same opirion as P1x-.. Zappa.
Mr. John Kavanaugh, gamer of Lot B on the proposal.
Dlr. Bi.11 Burns
- - h. Counc~_lmemben Rossbach moved to conti.riue this hearing for t4;o :aecla
(,october ?.3, 1585) i.n c-der to obtain mo-e data.
Seconded by Counc_lmerine:: Bast-an. Ayes - al_1 .
3. 3:15 P.11., Conditional Use Penm.t Revision: Lin:aood Heights
a. Mayor Greavu convened the meeting for. a public heari.ngregarding the
request of Sue Clemens (Edina Realty) that the conditional use permit for
- the project be revisedto allow the conversion of 23 one bedroom units to
two bedroom units.
b. t~tanagen McGuire presented the Staff report.
c. Director of Community Development Olson presented the apeciiics of the
proposal and presented the Planning Commmission report.
d. B~'~l 1?cCrumb, Architect and builder for the project owned by
I°etr.opolitan Federal Bank, spoi;e or. beha'.f of the proposal.
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e. h[ayor Greavu called for persons who z:~ished to be heard for or against
the proposal. Pdone were heard.
f. Mayor Greavu closed the public hearing.
_ g. Councilmember Anderson introduced the following resolutions and moved _
its adoption:
89 - 10 - 162
WHEREAS, the metropolitan L'ederal Banlc has initiated a conditionaluse
permit to revise the Linwood Heights PUD in Paplewood, Minnesota, >
described as follow:
All of the lots in the Linwood Heights and Ad-rienne's Addition
plats.
4'HEP.EAS, the procedural. history of the GUP is as foLloors: i
- 1. Th-s CUP was reviewed by tl-~e Map eorood Planning Comnrissi.oh
on September 18, 1989. The Planning Commission i
- recommended to the City Counci. that said permit be
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approved.
2. The Maplewood City Council held a public hearing on
October 9, 1939. D?ot~_ce thereof was published and mailed
pu~~-suant to law. All persons present at said meeting were
given an opportunity to be heard and present w*:itten
statements. The Council also considered reports and
recommendations of the City Staff and Planning. Commission.
PIOW, THEREFORE, BE IT RESOLVED BY THE 14APLEWOOD CITY COUNCIL that the
above described cond-itional use permit is approved to a'_lo;a a change in
- the Linwood heights PUD unit miz: from 62 one-bedroom and 22 tcao-bedroom i
units to 34 one-bedrootn and 50 to;o-bedrocm urc.ts on the basis of tl~,e
folioe:ing f-ridings of fact:
1. Revisions to the PUD are in conformity with the intent of
the City's comprehensive plan and with the purpose and I,
standards of this chapter. If the maximum allowable ~
density established by the comprehens:i•ae p7.an is exceeded I
at a11, it should not warrant a change in public 7.and use
poLi.cy.
2. The revisions to the PUD will not be detrimental to the pubii-c
health, safety or general welfare.
3. The Linwood Heights Tocunhomes will remain compatible with
the character of the zoning district and the area. There
will. be no changes to the existing site pion or the
exteri-or of townhomes.
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4. The use wi'1 not depreccate property values. The CUP
approval will encourage completior, of the project and sale ,
of the remaining townhomes.
5. The PUD revisions use will not be hazardous, detrimental
or disturbing to present and potential land uses due to
noise, glare, smoke, dust, odor, fumes, water pollution,
water. runoff, vibration, general unsightliness, electrical
interference or other nuisances.
6. The small increase in the number of people due to the
bedroom conversions will generate only minimal increases
in vehicular traffic on local streets and will not create
traffic congestion, unsafe acceas or parking needs that
cn.'].].. cause undue burden to the area propert:i.es. In the
worst case scena:.o, the increase in people density will I
generate cnly II.3 additiona'_ trips dur.'.ng the p.m. peak
hour. Incomplete off-street parking areas caul be
required to be completed.
7. The PUD is already served witix all essential public
services.
3. The use caill. not create es_cessive additional requi'_ements
at public cost for pub L_c fac:il:ities and services; and
c:~ili not be detrimental to the welfare of the City.
9. The PUD w~11 continue to preserve and incorporate the
site's natural and scenic features. Thee t.iL=. be no
change in the site plan or exterior design of townhomes.
1G. The use wi~l cause no adverse env_ronmental effects.
Approval is subject to comp'etion of the off-street parking and
"-andsca_p:i.ng imp;.overients in acco-_dance ce:a h the originally approved PUD
plan, dated Sune 17, 19E1 as amended, and the Suit' 14, 19&'1 landscape pear.
by December 31, 1959.
A deviation from the maximum allowed density is approved, ov the basic,
that:
1. Certa~.n regulations contained i_n th`_s chapter should not
apply to the proposed development because of its unique
nature.
2. The PUD would be cons_stent with the purposes of this
chapter.
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3. The planned unit development would produce a development
of equal or superior quality to that which would resait
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 owner-s or occupants of nearby land.
5. The deviations are required for reasonable and practicable
physical development and are not required solely, for
financial reasons.
Seconded by Councilmember Bastian. Ayes -all.
4. 5:45 P.M., 1244 Kohlman Avenue (Durand)
a. Rezoning (4 Votes)
b. Ccnditional Use Permit i
1. Mayor Greavu convened the meeting for a public hearing
regarding the request of Lacrrence and Sandra Dw:and to rezone 17.44
Koh~man Avenue from R-1, S~.ngle Family Residential to 1•i-1, Light
tr;anufacturing for a conditiona- use permit to allo~•r the rezoned
parcel to be used for tree storage.
2. 29anager 24cGuire pr-esented the Staff report.
3. Director of Commun_.ty Development Olson presented the
specifics of the proposa'_.
4. The epp'_icant, Larry Durand, spoke on behalf of his proposal.
5. Mayor Greavu called for persons who wished to be heard for or against the
proposa_. The follocaing voiced their opini-ons:
John Buesing, 1247 Kohlman A-aenue
Sandra Du--and, 2964 Chippewa (one of the applicants) I
Robert Everson, 1257 Kohlman Avenue
Bruce idogren, representing Edith Peltier, 1250 Kohlman
6. Mayor Greavu closed the public hearing.
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7. Councilmember Bastian moved that property along Y.ohlman revain
residential.
Motion died for lack of a second.
S. Councilmember Bastian moved to approve the rezonf.ng subject to
the front portion of property be R-1 and back portion, after a
survey, be Rezoned Pd-1, Light tianufacturing, and a'_so approved t:-.e conditional
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use permit.
Seconded by Mayor Greavu. Ayes - Mayor Greavu and Councilmember
Bastiar.
Plays - Councilmembers Anderson, Jul:e~
and Rossbach.
Motion failed.
4. Councilmember Bastian introduced the following resolution and
moved its adoption:
89 - 10 - 163
WIliREAS, Lacarence and Sandra Durand initiated a rezoning from
R-1, Siag~e-Dwelling Residential to M-1, Light }4anufacturing for
the fo'_locaing-described property:
Lot 6 of Koh?.man's Lake~aie~a Addition
This property is also known as 1244 Kohiman Avenue, Maplecuood;
WHEREAS, the prccedural history of this rezoning as
fo1lo~;s:
1. This rezoning was ini-tiated by Laerrence and Sandra
Durand pursuant to Chapter 36, Article VII of the
Maplecaood Code of Ordinances.
2. T}:<s rezoning was reviecred by the ?4aplecoood
Planning Corm fission on September 12, 1989. The
Planning Commission -ecommended to the City
Council that Lot 6, e~.cept the northerly 15,000
square feet, be rezoned to I~I-1.
- 3. The Idaplecaood City Council held a public hearing
on October 9, 1487 to consider this rezoning.
Notice thereof was published and mailed pursuant
to lacy. Ali 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 MAPLEW00D CITY COUNCIL
that all of Lot 6 of Kohlman's Lakevieor Addition, except the
northerly 15,000 square feet, be rezoned to F, Farm residence on
the basis of the following findings of fact:
1. The proposed change is consistent with the spirit,
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purpose and intent of the zoning code.
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2. The proposed change will not substantially injure
or detract from the use of neighboring property or j
-from the characte_ of tiie neighborhood, and that
the use of the property adjacent to the area
included in the proposed change or plan is
adequately safeguarded.
3. The proposed change will serve the best interests
and conveniences of the community, where
applicable, and the public welfare.
4. The proposed change would have no negative effect
upon the "logical, effi-cient, and econoaical
extension of public services and facilities, such
• as public water, sewers, police and fire
protectr..on and schools.
- Seconded by Counci.lmember Anderson. Ayes - a11. -
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5. °:GO P.Ci., 47oodlynn Heights
a. Preliminary Plat
b. rinai Plat
1. Playor Greavu convened the meeting for a public hearing
regarding the request of Mack Nettleton for pre L'-mi.na-ry and final
plat approval to create four townhouse lots and an outlot. ~
2. Manager McGuire presented the Staff report.
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3. Director of Community Development Olson presented the specif~cs of the
proposal.
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4. hack Nettleton, the developer, spoke on behalf of his request. He
expressed his concerns for the necessity of sidewalks.
5. Mayor Greavu called for persons caho wished to be heard for or
against the proposal. The following expressed their vi-ews:
Charlotte broob_er, 2172 F7oodlynn
Dale Jansen, 2227 Y7oodlynn, President of the Woodlynn Townhouse
Association
6. P4ayor Greavu closed the public hearing.
7. Playor Greavu moved to approve the preliminary plat for [doodiynn Hei hts
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Tot..*nhomes P:o. 4 subject to the foil owing condition:
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1. Resolution of the grading and drainage concerns on the 'i
property in questior. to the satisfaction of the City
Engineer.
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Seconded by Councilmember Rossbach. I
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Councilmember Bastian moved to include sidewalks in the motion.
Motion died for Iack of a second.
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Voting on original motion. Ayes - I~iayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
_ }Jay - Councilmember Bastian.
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8. I.layor Greavu moved to approve the f.nal plat of S~Joodivnn
Heights Tovmhomes Tdo. 4 subject to the conditions of the
preliminary plat being completed.
Seconded by Councilmember Anderson. Ayes - a11.
6. 9:15 P.M., Street Vacation - Netnorlin Court (4 Votes)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Iiaclc Nettleton to vacate the right of way fo_- Netnorlin Court
south of Woodlynn and west of Mci:night Road.
b. Manager•mcGui_re presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal and also presented the Planning Commission recommendation.
d. Mayor Greavu called for persons v:ho wished to be heard for o:•~ against
the proposal. The following e~:pressed their opinions:
Chuck Rega"i, 2206 Woodlynn
Mack PJettleton, the applicant
Ike Rutherford, 2048 Netnorlin Court
Joe Peterson, 2223 Lydia
Charlotte Brooker, 2172 Woodlynn
e. Piayor Greavu closed the public hearing.
f. Councilmember Anderson moved to table this Item for further
i.nformztion until the next meeting.
Seconded by Councilmember Rossbach. Ayes - a1i.
I' ~or Grreavu r.,o•;ed to eaa_.ve the Rules of Procedures and e:ctend the meeting past the
13 10-9-89
.dune.
Seconded by Counciinember Anderson. Ayes - all.
7. 9:30 P.M., Taa: Increment Financing
a. Mayor Greavu convened the meeting for a public hearing regarding
Modification of development program for Development District No. 1 and. ~
Modification of Tar Increment Financing plans for Economic Development !j
District tdo. 1-2, Housing District F.o. 1-3 and Economic Developments,
District No. 1-3 of the City of Mapleeeood.
b. Manager McGuire presented the Staff report.
c. Mary Ippe_, Bond_ng Consultant, Briggs and :*.organ, presented the
s>pecifics of the proposal.
d. Mayor Greavu called for proponents and opponents. None were heard.
e. t•?ayor Greavu closed the pub Lc hearing.
f. Councilmember Rossbach introduced the following resolutionand moved
its adopt'_on•
89 - l0 - 164
P,ESOLUTI021 APPP.OVIIIG THE MODIFIED DEVELOPMEPIT PROGRA24 -
RELATING TO DEVELOPP?EI4T DISTRICT tv'0. 1,
AL'D APPROVIIIG MODIFICATIOIIS TO THE TAX II7CREMEi4T
FINA_TICING PLANS FOR ECONOMIC DEVELOP21EIdT DTSTR~ICT N0. 1-2,
HOUSItdG DISTPICT 140. 1-3 ACID
ECON02~?IC DEVELOPMEDiT DISTRICT N0. 1-3 WIITHI21
DEVELOPP?ENT DISTRICT I70. 1
BIi IT P.F.SOLVED by the City Council (the "Council") of the City of
*-iap:ecaood, tdi_rnesota (the "City") as follo:cs:
Section 1. Recitals
1.01. It has been proposed that the City adopt a modified Development
Program with respect to Development District No. 1, and modify the Ta;:
Increment Financing Plans for Economic Development District No. 1-2, - ~
Housing district No. 1-3 and Economic development District IIo. 1-3, all
pursuant to and in accordance with Minnesota Statutes, Sections 469.124
through 469.134, as amended, and MM:Lrnesota Statutes, Sections 469.174
through 469.179, inclusive, as amended.
1.02. The Council has investigated the facts and has caused to be prepared a
modified Development Program for Deve-opmert District Fo. 1, and has caused to be
p-repa~ed mod-ficati_ons to the Tax Increment Financing Plans for Economic ICI
Development District Ido. 1-2, Housing District No. 1-3 and Econom~_c Development II
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District tto. 1-3, def.ning more precisely the increased project costs to be
included i.n Development District No. 1 and describing the action to be undertaken
by the City to aid the development of Development District Pdo. 1.
1.03. The City has performed all actions required by law to be
performed prior. to the adoption of the modified Development Program
relating to Development District No. 1, and the mod ificat_on of the Taz:
Increment Financing Plans for Economic Development District Aio. 1-2,
Housing District No. 1-3 and F.conomi.c Development District PIo. 1-3, .
including, but not limited to, notification of Ramsey County and
Independent School District No. 622 and Special Intermediate School
District Pdo. 916 ar,d the holding of a public hearing upon published and
mailed notice as required by law. j
Section 2. Modi.ficat'.on of Development Prol;ram for Development
DistrictIdo. 1 and theModification of Tar. Increment Fi.nanciag P1ansfo-r
Economic Development District TIo. 1-2, Housin; District No. 1-3 and
Economic Development District llo. 1-3.
2.01. The Counc;.l hereby adopts the modified Development Program for
Deveopment District ??o. 1 and the modified Tax Increment Financing Plans
for Economic Development District PJo. 1-2, Housing District f;o. 1-3 aad
Economic llevelopment District Ido. 1-3. The City is not modifying the
boundaries of Development District Pio. 1 nor the boundaries of Economic
DevEJ_opment District Ito. 1-2, Housing District PIo. 1-3 and Economic
Development District Pdo. 1-3.
Section 3. Findings for the Pfodifi.cat`_on of the Ta.: Increment
F-inancin~ Plans fmr Economic Development District P?o. 1-2 Housing
District Ilo. 1-3 and Economic Development District PIo."1-3.
3.01. Economic Development District 210. 1-2 and Economic Development
District I:o. 1-3 when establ=_shed were established as economic development
districts within the meaning of Pi:_nnesota Statutes, Section 469.174, '
Subdiv_s;.on 12. The City reaff.rms the find_ngs previous"Iy made w~.th
respect to the establishment of Economic Development Dstrict PIo. 1-2 and
Economic Development D-strict P?o. 1-3.
3.02. Housing District No. 1-3, when establ=shed, was established as
a housing district within the meaning of I4innesota Statutes, Section
469.174, Subdivision 11. The City reaffirms the f;.ndings previously made
with respect to the establishment of Housing District Pdo. 1-3 and the
f.ndings previously made with respect to the establishment of Housing
District ido. 1-3.
3.03. The Council finds that the proposed development, i.n the opinion
of the Council, would not occur soe.'_y through private investment within
the reasonably foreseeable future and, therefore, the use of tax increment
financing is deemed necessary. The specific basis for such finding being:
Private investment w~11 not finance the development acti.v?_ties set
15 10-9-59
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out in the Development Program and Tax Increment Financing Plans
for Economic Development District PIo. 1-2, Housing District No. 1-
3 and Economic Development District No. 1-3 because of prohiUitive
costs. It is necessary to finance these development activities
th.-ough the use of tar, increment financing so that other
development coi11 occur within Development District No. 1.
3.04. The Council further finds that the modified Tax Increment
Financing Plans for Economic Development District No. 1-2, Housing
District No. 1-3 and Economic Development District No. 1-3 conforms to the
general plan for the development or redevelopment of the City as a whole.
The specific basis for such finding being:
(i) Economic Development District No. 1-2, Housing District
tdo. 1-3 and Economic Development District Ido. 1-3 are
properly zoned;
(ii) The Tax Increment Financing P7.ans o,i11 generally
compliment and serve to implement policies adopted in the i
City's comprehensive plan.
I
3.05. The Council further finds that the modified Tax Increment
Financing Plans for Economic Development District Ido. 1-2, Housing
District No. 1-3 and Econom:i,c Development District No. 1-3 twill afford
maximum opportunity consistent with the sound needs of the City as a
whole, for the development of Development D'str~ct Ido. 1 by private
enterprise. The specific basis for such fnd~ng being:
The deve'_epment activities are necessary so that development and
redevelopment by private enterprise car. occur ~•:ith•in Development
District no. L
Section 4. Aparoval of the Podified Development Pro ,ram and the _
Pfod~_fi.ed Tax Increment Financ;.rg Plans.
4.01. The mod-Cfi.ed Development Program fo-r Development Distr-_ct PIo.
1, a copy of which is on f~'.e in the office of the City Cierl:, and the
modified Tax Increment Financing Plans for Economic Development District ~I
PIo. 1-2, Housing District Ido. 1-3 and Economic Development District t~Io.
1-3 are hereby approved and adopted.
4.02. The Staff of the City, the City's advisors and legal counsel
are authorized and directed to proceed with the implementation of the
mod-ified Tax Increment Financing Plans and for this purpose to negotiate,
draft, prepare and present to this Council for its consideration all
further plans, resolutions, documents and contracts necessary for this
~I purpose. ~
Seconded by Councilmember Anderson. Ayes - all.
G AI•)AP.D OP BIDS
16 10-9-89
hone.
btayor Greavu adjourned the October 9, 1989 24eeting at 11:00 P.24.
Mayor Greavu reconvened the meeting at 4:35 P.Id., Thursday, October 12, 1989.
ROLL CALL
John C. Greavu, I4ayor Present
Tlorman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Joker, Councilmember Present
George F. Rossbach, Councilmembe_- Absent
H. U1TI2~TISHLD BUSISiESS
1. P.eview Assessment Appeals: Water District 8 - Project 86-15
a. Manager 2•fcGuire presented the Staff report.
b. Director of Public Works Haider presented each request for an
asaessment appeal.
c. Mayor Greavu moved to approve Staff's recommendation on the assessment
appeals fcr Pz-oject 86-15.
Seconded by Councilmember Ju1_ce;:. Ayes - P~Sayor Greavu, Covncilmembers
Anderson and Juker
}lay - Counc.amember Bastian.
i
d. Councilmember Bastian moved defe-mer,t of the assessments where there
=s no water available.
I
2:otion d:~ed for lacl: of a second.
I. T~i~t BUSINL'SS
1. Community Design Review Board Appeal: 2714 Highwood Avenue (Carver)
a. Manager I$cGuire presented the Staff report.
b. Councilmember Bastian moved to table for tcoo weeks and instructed
Staff to notify the neighbors of t-t:e appea'_.
Seconded by Councilmember Juker. Ayes - Councilmembers Anderson,
Bastian and Joker.
Nay - Mayo;.- Greavu
2. Schedule Public Hearing: County Road B at Rice Street, Project 89-OS
17 10-9-89
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a. 14anager McGuire presented the Staff report.
b. 2fayor Greavu introduced the following resolution and moved its
adoption•
89-10-165
WHEREAS, the City Engineer for the City of Maplewood has been
authorized and directed to prepare a report with reference to the
improvement of County Road B--Rice to 1200 feet east, City Project 89-05,
by construction of bituminous street with concrete curb and gutter, and
GIHEREAS, the said City Engineer has prepared the aforesaid rep art for ~
the improvement herein described;
11041, THEF.EFORE, BE 1T RESOLVED BY THE CZTY COU1dC1L OF 14APLE4;OOD, M11iITESOTA, as
follows:
1. The report of tiro C_ty Engineer adv sing this Counci'_ that j
the proposed improvement on County Road B--Rice to 1200
feet east, City Project 89-05, by construction of
bituminous street with concrete curb and gutter is
feasible and should best be made as proposed, is hereby
received.
I
2. The Counc_.i will consider' the aforesaid imorovement in
accordance with the reports and the assessment of I'
_ benefited property for all o-_- a potion of the cost of the
~.mp;.ovement according to htSA Chapter 429, at an estimated
total. cost of the improvement of $1,917,300.
3. A publ_c hearing will be held '._n the Council Chambers of
the City Hal_1 at 1530 East County Road E on 14onday, the
13th day of l:ocember, 1989, at 5:15 P.lf. to cens.'_der. sa'_d
~.mpx-ovement. The City Cierl: sha__ g'~_ve mai~_ed and
published notice of said hearing and improver,,ent as
required by law.
Seconded by Councilmember Anderson. Ayes - a'_l.
3. Approve Plans: tdorkhouse Sanitary Sewer, Project 89-09
- a. I•fanager mcGuire presented the Staff report.
b. Mayor Greavu introduced the followin resolution and moved its
adoption:
89 - 10 - 166
18 10-9-S9
S7AEREP.S, pursuant to allocation of funds in the 1989 budget, plans and
specifications for workhouse sanitary sewer, Project 89-OII, have been
prepared by the City Er_~ineer, who has presented such plans and specifications to
the Courcii for approval,
NOS?, THEREFORE, BE IT RESOLVED BY THE CITY COUDICIL OF THE CITY OF
hfAPLE4700D, P•IIP7IdESOTA:
1. Such plans and specifications, a copy of wh;ch are
attached hereto and made a part hereof, are hereby
approved and ordered placed on file in the office of the
City Clerk.
2. The City Clerk shall prepare and cause to be inserted in
' the official paper and in the Construction Bulletin an
advertisement for bids upon the making of such ~-mprovemeut
under such approved plans and specifications. The
advertisement shall be published twice, at least ten days
before the date set for bid opening, shall specify the
c~~ork to be done, shah state that bids will be publicly
opened at the City Hail and that no bids shall be
conside-red unless sealed and filed with the Clerk and
accompanied by a certified check or bcd bond, payable to ,
the C_ty of Mapleoieod, Minnesota, for five percent of the
amount of such bid.
3. Tae City Clerk and Citg> Engineer are hex-eby autiio"_-lzed and
inst-_ucted to receive, open, and read aloud bids received _
at the time znd place specified, and to tabulate the b-_ds
received.
Seconded by Counclmember Anderson. Ayes - all.
4. Proc"_a;aaticn on Supporting P,ed _F.i.bbor. Campaign
z. 1=tanager i•icGu__re presented the Staff report.
b. Playor Greavu moved the adoption of the fog.lowing proclamation:
WHEF.EAS, alcohol and other chug abuse in this nation has reached
epidemic stages, and the 15- to 24-year-old age group is dying at a faster
rate than any other age group; and
WHEREAS, it is imperative that visible, unified prevention education
efforts by community members be launched to reduce the demand for drugs;
and
F7EEREP,S, tiie Partnership and the Idationa'_ Federation of Parents for D,:ug-
Free Youth are sponsoring the National Red Ribbcn Campaign offering citizens
the opportunity to demonstrate their comm5.tment to drug free lifestyles; and
19 10-4--v9
WHEREAS, this annual Red Ribbon Campaign wig: be celebrated in every
community 9.n America during Red Ribbon Week, October 22-29 „ 1489; and
" L7HEREAS, President George Eush and Mrs. Barbara Bush are the Idational
Honorrary Chairmen and Governor and Mrs. Rudy Perpich are the State
Honorary Chairmen to provide this community focus on a drug-free America;
and
WHEREAS, business, government, law enforcement, schools, religious,
institutions, service organizations, youth, physicians, senior citizens,
military sports teams, and individuals will demonstrate their comni.tment
to drug-free, healthy lifestyles by wearing and disp'_aying red ribbons
during this weel. long campaign; and
TdHEREAS, the City of Maplewood, Minnesota, further Comm-its its {
resources to ensure the success of the Red Ribbon Campaign;
I
1d04?, TP.EREFORE, BE IT RESOLVID, that the City Council of the City of
Maplewood does hereby support October 22-7_9, 1489, as Red Ribbon Week and
encourages its citizens to partic_pate in drug prevention education 1
activit-~es, ma:.ing a visible statement that ~,re are strongly committed to a
drug-free community.
i
EE IT FURTHER RESOLVED, that the City of Iaplewood encourages all of
its citizens to pledge: "I'y choice...drug free."
i
Seconded by Counciirnember Anderson. Ayes - all.
5. Authorization to Hire C.S.O.
a. Manager McGuire presented the Staff report.
b. 1•Iayor Greavu moved approval. to hire a permanent full-t;_me Community
Seevice Officer as presented.
Seconded by Councilmember Juker. Ayes - all.
5. Project Budget Adjustments
a. Idanager McGuire presented the Staff report.
b. Councilmember Bastian moved to discuss Project 83-07 separatel
Seconded by Councilmember Anderson. Ayes - all.
c. Mayor Greavu moved to approve the following pro~iect budget
adjustments•
P?-oject 87-20, Ferndale Street Storm Sewer
20 10-9-84
Budget Adjustment of $7,000 be established to cover the final engineering
costs of the project.
Project 87-32
Budget adjustment of $4,000 be established to cover remaining
feasibility study and public hearing costs.
Project 84-14, Walter Street
budget adjustment of $17,500 be established to cover 1989 engineering
e}:penditures and final payment to RoSo Contracting.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Courcilmembers
Anderson znd Juker.
Play - Councilmember Bast=.an.
d. Councilmember Bastian moved to approve the budget edjustmert for
Project 83-07, Beaver Creek Storm Se;aer, in the amount of $3,000 to cover
- anticipated legal fees.
Seconded by Councilmember Anderson. Ayes - a11.
7. Wa:.ver of Moratorium
a. Manager hcGuire presented the Staff report.
b. P4ayor Greavu moved to naive the moratorium on preliminary p.at
appl_cations for Cave's Century 5th Addition as the grad9.ng s completed,
util'_~.ties have been installed and there were no t=ees.
Seconded by Councilmember Anderson. Ayes - ai7..
8. Certif..ca t_en of Delinquent Sec,er Accounts
a. Manager PlcGuire presented the Staff report.
b. Councilmember Anderson introduced the following resolution and moved
its adoption:
89 - l0 - 167
RS SOLVED that the City Clerl: is hereby authorized and directed to
certify to the Auditor of Ramsey County the attached list of delinquent
sewer rental charges and hydrant charges, said List made a part he_ein,
for ceaification against the tzx levy of said property owners for the
year 1989, collectible in 1990, and cahi_ch listing includes interest a_t the
rate of e_ght (8 ) percent on the total amount for one year.
?'otal amount to be certified: $97.,588.80
21 10-9-89
Seconded by Mayor Greavu. Ayes - all.
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9. Property Acqu's'_tion, Lot 21, Block 1, hetnorlin Addition j
a. Manager McGuire presented the Staff report.
b. Counciimember Anderson moved acquisition of Lot 21, Block 1, 2detnor'_in
Addition, at a purchase price estimated at $6,750.00.
Seconded by Mayor Greavu. Ayes - a11.
c. Councilmember Anderson introduced the following resolution and moved
its adoption:
84 - l0 - 168
WY.EREAS, the Board of County Comm.ss'_oners of Ramsey County has
classified as non-conservation land, certain land lying with~.n the limits
of the City of I%iaplewood; and
WHEREAS, a copy of the classification resolution together with a list '
of the land classified has been submitted for approval of the
classification in accordance P7ith I4innesota Statutes Annotated, Section
20"2.01, sub. l; and
WHEREAS, the City of t4aplewood has determined that said lard is
required for drainage purposes;
Td04I, THF,REFORE, BE IT RESOLVED, that said classification of the land.
shown on said list as ncn-conservation land i.s hereby approved; and
BE IT FURTHER PESOLVED, that the proper City officials be and hereby I
are authorized to make an application for conveyance of said ta:~ forfeited
.and for drainage purposes; and
BR IT FUP.TIiEP. RESOLVED, that the City Clerk be and hereby is ~
authorized to fi-ie a certified copy of this resolution and application for
conveyance of said tar. forfeited land in the office of the Land
Commissioner.
Seconded by Mayor Greavu. Ayes - a"a .
i
d. Counciimember Anderson moved to reconsider previous Council action and
requ-re a cash escrow for Woodlynn HeiPhts Ito. 4 Addition.
Seconded by Councilmember Bastian. Ayes - al i.
10. Envirorunentai Protection Meeting '
a. Ilanager IicGu_.-re stated that Director of Community Development Olson ,
22 10-9-59
had met with area developers and would be presenting an ordinance to
Council.
11. Resolution: Glacier Assessments
a. City Attorney Kelly stated a settlement regarding Glacier Corporation
for the Frost Avenue Project 83-01 assessments, had been reached.
b. Counciimember Bastian introduced the fotloc~~irg resolution and moved
its adoption•
89 - l0 - 169
WHEREAS, pursuant to Resolution 85-1-3 of the City Council of
Alaplewood, Minnesota, adopted January 14, 1985, the special assessments
for the construction of Frost Avenue Project 83-01 were levied aga~.n:;t
property described by County Aud_'.tor's Code No. 16 29 22 41 0031;
WHEREAS, $52,028.35 of the aforesaid assessment was judged to not
benefit the property;
PIOSl, THEREFORE, BE IT RESOLVED BY T13E CITY COUNCIL OF A'IAPLEWOOD,
MINA'ESOTA, that the assessment for Frost Avenue Project 88-01 against the
property described by County Auditor's Code No. 16 29 22 41 0031 be
correctly certified to the Auditor o Ramsey County by deleting therefrom
the amount of $52,028.35. Total amount to be assessed is $120,000.00.
Seconded by Mayor Greavu. Ayes - a7.1.
J. VISITOR PRESEPITATI:OA15
Bone.
K. COUA;CIL PRESENTATIOIiS
1. Gal_ Street
a. Councilmember Bastian stated he had received a call from a resident
regarding water drainage on his property from another property.
b. Staff stated they were aware of the problem.
11. Recreatior. Vehicles
a. Courcilmember Bastian questioned if there is an ordinance in the
future regarding the storing of recreational vehicles in front yards.
b. Staff- stated it will be on the neat agenda.
2. Brush Burn_ng
23 10-9-89
a. Councilmember Anderson stated residents are requesting brush burning
permits.
b. Staff stated such a perrnit is illegal. Only permits for recreational
fixes are allowed.
3. Alien Anderson - Water Problem
a. Gouncilm~embe_- Anderson stated that Allen Anderson, 141C Cope Avenue,
had a water stub in removed when the street was constructed.
b. Councilmember Anderson moved to waive the Rules of Procedure to tale
action on Pir. Anderson's water problem.-
I
Seconded by Mayor Greavu. Ayes - all.
c. Councilmember Anderson moved that the City reimburse I~ir. Anderson for
the cost of. the a:ater stub in rep:.acement.
Seconded by Mayor Greavu. Ayes - all.
I
4. Larpenteur Avenue Width f
a. Councilmember Anderson stated that along Larpenteur Avenue there are
different widths. If the County constructs a 52 foot width west of
Edgerton, when will east of Edgerton be widened?
b. Staff stated probably not for quite a while.
5. Inflatable Dome
I
Plc discussion. ~
6. Pire Department Study
No discussion.
7. State Research Lab Bu__iding
a. Councilmember Juicer stated when the State received approval for their
building there was supposed to be a right-turn lane on the~.r own property.
Plow, she stated, they are going through residential property and have
constructed curbs, etc.
b. Staff stated that was only for emergency use and be chained off.
Staff will investigate.
3. Convenience Stores - Fuel Pumps
24 10-9-59
i
a. Councilmember Suker stated her concerns regarding the amount of convenience
stores a;ith fuel pumps. She questioned if something could be done to :-imit the
development of such businesses.
b. Councilmember Bastian moved to refer this to Staff for the feasib_1it
of a total moratorium on future as stations and remove such permitted use
from tiie code book.
Seconded by Counc;lmember Anderson. Ayes - a11.
9. Property on County Road B between Cub and the Dental Lab
a. Councilmember Juker stated that there looks like a lot of digging has
taken place on County Road B east of Cub Poods and does not look good.
b. Staff i5 acaare of the problem and t•;ii- i.nvestigzte furti:er.
c. Councilmember Anderson stated his concerns about developers changing
the character of the land and never returning it to the origr~.na7- condit-icn
if development is not completed.
10. Remove Item E-7
E-7 removed from Consent Agenda.
11. Recreational Vehicles
Discussed after Item K-1
s
L. ADP!IIIISTRATIVE PRESEI7TATIOhS
None. i
ti. ADJOUR^_?'r;;~.l'_~' GF OCTOBER 1?_, 19^09 MEF,'~'~*,G
6:28 P.Pi
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City Cierk j
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ZS 10-9-89