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HomeMy WebLinkAbout07.03.80 i MII4UTES OF MAPLEWOOD CITY COUNCIL 7:30 P,M., Thursday, July 3, 1980 ~ Council Chambers, Municipal Building Meeting No. 80-16 i A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:32 P. M, by 1 Mayor Greavu. B. ROLL CALL i John C. Greavu, Mayor Present ~ Norman G, Anderson, Councilman Present ~ Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present 7 Earl L. Nelson, Councilman Absent i ' C. APPROVAL OF MINUTES 'i 1. Minutes No. 80-14 (June 5, 1980) Councilman Anderson moved that the Minutes of Meeting No. 80-14 (June 5 1980) be approved as submitted. Seconded by Councilman Bastian. Ayes - all. i 2. Minutes No, 80-15 (June 19, 1980) Councilman Anderson moved that the Minutes of Meeting No. 80-15 (June 19 1980) be approved as submitted. Seconded by Councilman Bastian. Ayes - all. D. APPROVAL OF AGENDA i:~ Mayor Greavu moved to approve the Agenda as amended: 1, Amendment of Council Proceedings 2. Review of Extra Council Meeting 3. Lawsuit 4. Moratorium on Hiring S. Explanation of Letter from Union 6. Joint Meeting - City Council, Park and Recreation Commission and Planning Commission. 7. Lawsuit - Gifford 8. Change Order - Fire Station ~ Seconded by Councilman Bastian. Ayes - all. ~ E. CONSENT AGENDA i ~ - 1 - 7/3 1 Councilman Anderson moved, seconded by Councilperson Juker, Ayes - 3, Nay - Council- man Bastian, to approve the Consent Agenda Items 1 through 4 be approved as re- commended. 1. Accounts Payable Approved that the Accounts (Part I - Fees, Services, Expenses - Check No.004390 throlis. Check No. 004440 - $61,851.07; Check No. 006001 through Check No. 006156 - $86,682.38: i Part II - Payroll Check No. 24664 through Check No. 24592 - $53,172.36) in the amount of $201,705.81. 9 2. Request for Public Hearing Resolution No. 80-7-150 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY COMMERCIAL PARTNERS-MAPLEWOOD UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF Be It Resolved by the City Council of the City of Maplewood, Minnesota, as " follows: i 'i 1. There has been presented to this Council a proposal by Commercial Partners- ; Maplewood, a Minnesota general partnership (the "Partnership") that the City undertake a project pursuant to the Minnesota Municipal Industrial Development Act (Minnesota Statutes, Chapter 474) for the acquisition, construction and equipping of a commer- I cial shopping center (the "Project"). Under the proposal, the Project will be owned, ' by the Partnership, and the Partnership will enter into a Loan Agreement with the Cit3=' upon such terms and conditions as are necessary to produce income and revenues suf- ficient to pay when due the principal of and interest on up to approximately $1,250,000 Industrial Development Revenue Bonds of the City to be issued pursuant to said Chapter 474, Minnesota Statutes, to provide monies for the acquisition, construction and equipping of the Project and the City will pledge its interest in the Loan Agreement to the bondholder, and the Partnership will mortgage the Project and assign the leases of the Project to secure the bond. 2. As required by said Chapter 474, Minnesota Statutes, this Council conducted a public hearing on August 7, 1980 on the proposal to undertake and finance the Project, after publication in the official newspaper and a newspaper of general circulation in the City of a notice of the time and place of hearing, stating the general nature of the Project and an estimate of the principal amount of bonds or other obligations to be issued to finance the Project and stating that a draft copy of the proposed Application to the Commissioner of Securities, together with all attachments and exhibits thereto, shall be available for public inspection at the office of the City Clerk, in the City Hall, Maplewood, Minnesota, at all times between the hours of 8:00 a.m. and 5:00 p. m. each day except Saturdays, Sundays and holidays to and including the day of hearing; and all parties who appeared at the public hearing .were given an opportunity to ex- press their views with respect to the proposal. I 3. It is hereby found, determined and declared that the purpose of the Project i' and the effect thereof will be to promote the public welfare by the attraction, en- I -2- 7/3 couragement and development of economically sound industry, agriculture and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands ' and areas of chronic unemployment; the retention and development of industry to use ~ the available resources of the community, in order to retain the benefit of their existing investment in educational and public service facilities, by halting the ~ movement of talented and educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing govern- mental services and facilities; the more intensive development of land available in the area; the more intensive development of land available in the area to provide a more adequate tax base to finance the cost of governmental services in the City, County, and School District where the Project is located. I 4. The Partnership has entered into preliminary discussions with Dougherty, Dawkins, Strand & Ekstrom, Inc. as Underwriter, and the Underwriter has reported i that the Project and the sale of bond therefor are feasible. r 5. The Project is hereby given preliminary approval by the City subject to approval of the Project by the Commissioner of Securities and subject to final approval by this Council and by the purchasers of any bonds to be issued and as to the ultimate details of the Project. 6. In accordance with Section 474.01, Subd. 7, Minnesota Statutes, the Mayor, the ?T City Clerk, and such other officers and representatives of the City as may from time to time be designated are hereby authorized and directed to submit. the proposal for the Project to the Commissioner of Securities and request her approval thereof, and the Mayor, the City Clerk, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require. The Partnership, Messrs. Faegre & Benson as bond counsel, the Under- writer, the City Attorney, and other City officials are also authorized to initiate the preparation of a proposed loan agreement, lease agreement, mortgage and such other documents as may be necessary or appropriate to the Project so that, when and if the proposed Project is approved by the Commissioner and this Council gives its final approval thereto, the Project may be carried forward expeditiously. 7. The Partnership has agreed to pay any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commission- . er and whether or not the Project is carried to completion. 8. The Partnership is hereby authorized to enter into such contracts, in its own name and not as agent for the City, as may be necessary for the construction of the Project by any means available to it and in the manner it determines without advertise- . went for bids as may be required for the acquisition or construction of other ' municipal facilities, but the City shall not be liable on any such contracts. 3. Deferred Assessment: Set Hearing Date Resoltuion No. 80-5-151 NOTICE OF HEARING FOR DEFERRED ASSESSMENTS 'i WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the previously deferred assessments on the I i i - 3 - 7/3 i following projects now be collected. NOW, THEREFORE, NOTICE IS HEREBY GIVEN that the City Council of Maplewood, Minnesota, will meet in the Council Chambers of the City Hall, 1380 Frost Avenue, at 7:30 P.M, on July 31, 1980, to hear all persons concerning the adoption of the assessment roll in said deferred assessments and to adopt the assessment roll as presented or amended. This hearing is scheduled pursuant to Minnesota Statutes, Chapter 429. The assessment roll as herein described is on file in the office of the City Clerk. ~ Deferred assessments are to be collected on the following projects: I Sanitary Sewer No. 1 Sanitary Sewer No. 2 Sanitary Sewer No. 3 Sanitary Sewer No. 4 Sanitary Sewer No. 5-2 Sanitary Sewer Ido. 5-4 ~ Water Improvement No. 1 - Sanitary Sewer No. 6-1 Sanitary Sewer No. 6-2 Sewer-Water No. 1 ~ Water Improvement No. 2 ~ Water Improvement No. 3 i Water Improvement No. 4 Water Improvement No. 5 { Sanitary Sewer No. 8 ~ Water Improvement No. 6 1 Sanitary Sewer No. 7 Water Improvement No. 7 Water Improvement No. 68-2 .j Water Improvement No. 68-3 Sanitary Sewer 68-1 Sanitary Sewer 68-2 County Road "C" ~ Cope Utilities Water Improvement 24 Cope Street Sanitary Sewer lA _ Sanitary Sewer 3A Water Improvement 69-1 Water Improvement 70-28 Sanitary Sewer 71-2 Water Improvement 73-1 All persons who wish to be heard, or to object, with reference to this matter may present their cases at this hearing either orally or in writing. An owner may appeal an assessment to District Court pursuant to M.S.A. Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk of the City of Maplewood within thirty (30) days after the adoption of the assessment and by filing I such notice with the District Court within ten (10) days after service upon the Mayor or City Clerk. - 4 - 7/3 i Deferment of Assessments: Under the provisions of Minnesota Statutes, Section 435.193 to 435.195, the City may, at its discretion, defer the payment ~ of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedures for applying ~ for such deferment are available from the City Clerk. The amount of your previously deferred assessment is $ Dated this 3rd day of July, 1980. i /s/ Lucille E. Aurelius City Clerk City of Maplewood i Your assessment may be paid without interest from August 1, 1980 to September 1, 1980 at the City Hall. :i This is an important hearing because this is your last opportunity to be heard on the matter of this assessment which affects your property. If have any questions regarding this assessment, please call the City Clerk's Office at 770-4521. 4. Emergency Vehicle Preemption: Larpenteur and Edgerton I Resolution No. 80-7-152 WHEREAS, the City Council has determined that it is necessary that an Emergency Vehicle Preemption device be installed at the intersection of Larpenteur Avenue and Edgerton Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, Ramsey County is hereby requested to install such device in accordance with the Ramsey County Traffic Signal Policy. F. PUBLIC HEARINGS 1. Southlawn Avenue - Project 79-15 7:30 P.M. 2. Brookview Drive Storm Sewer Project 78-20 7:45 P.M. a. Mayor Greavu moved to continue the public hearings as listed above until July 17 1980 or until all Councilmembers are in attendance. (Councilman Nelson is not in attendance as he suffered a broken ankle.) Seconded by Councilman Bastian. Ayes - all. G. AWARD OF BIDS None. i ~ H. UNFINISHED BUSINESS ~ 1. Rezoning: White Bear Avenue - Johnson i a. Mayor Greavu moved to table Item H-1 until July 17 1980 or until all members of the Council are in attendance. i Seconded by Councilman Bastian. Ayes - all. ~ - 5 - 7/3 I _ _ I I. VISITOR PRESENTATIONS None. J. NEW BUSINESS 1. Repair of Sewer Service - 1935 E. Larpenteur Avenue f a. Acting Manager Schaller presented the staff report. _ b. Mr. Rodney Johnson, 1935 E. Larpenteur Avenue stated his reasons for request- ing a reimbursement of the $2,000 sewer repair bill. c. Councilman Anderson moved to reimburse Mr. Rodney Johnson the $2,000.00 cost of sewer repair bill based on the reason that the City allowed a negligent manner of back filling when the 1971 Larpenteur Avenue storm sewer was constructed. Seconded by Mayor Greavu. Ayes - all. 2. Final Plans, Frost Avenue Connection Project 78-9 a. Acting Manager Schaller presented the staff report. I~ b. Mr. Wayne Leonard, Ramsey County Design Engineer, presented the final plans for the Frost Avenue Project 78-9. c. Mayor Greavu introduced the following resolution and moved its adoption: 80-7-153 WHEREAS, pursuant to resolution passed by the City Council on July 3, 1980, plans and specifications for Frost Avenue and East Shore Drive Improvements, Maplewood Project No. 78-9 (phase II), have been prepared by or under the direction of the County Engineer, and he has presented such plans and specifi- cations to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and 1 made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. Authorization to advertise for bids is hereby approved. 3. The agreement with Ramsey County for construction of this project is hereby approved as amended and ordered placed on file in the office of the City Clerk. i Seconded by Councilman Anderson. Ayes - all. F. PUBLIC HEARINGS (continued) 3. Street Vacation: Duluth Street - Bauer - 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Jeffrey and Donna Bauer to vacate the half-width unimporved right of way be- tween Junction Avenue and Leland Road. The Clerk presented the dates of public- ation and stated the hearing notice was in order. - 6 - 7/3 'i ~ b. Acting Manager Schaller presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Barrett moved the Planning Commission recommend to the City Council approval of the vacation of Duluth Street between Junction Avenue and Leland Road, except for the south 17 feet, which is retained for future construction of a turn-around. Approval is conditioned on retaining a 30 foot wide utility ease- ~ ment. Approval is based on the following findings: 1. It is in the public interest; 2. It would not be practical to acquire an additional 30 feet of right-of-way ~ for a standard street; 3. The public benefits do not outweigh the construction costs. ,I Commissioner Whitcomb seconded. Ayes - all." d.. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. ' g. Councilman Anderson introduced the following resolution and moved its adoption: 80 - 7 - 154A j WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon petition of a majority of the owners of the land abutting the unimproved street right of way proposed to be vacated, and after a public hearing proceeded by two (2) weeks published and posted notice, proposes the vacation of the following described street located on Duluth Street between Junction Avenue and Leland Road to wit: Duluth Street abutting Lots 15 and 16, Block 2, Clifton Addition. WHEREAS, the Maplewood City Council finds that the vacation of the above described unimproved street right of way are in the interest of the public due to = changing land uses and obsolete platting. NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described unimproved street right of way be and hereby are, vacated subject to retaining utility easements, and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder. ~ Seconded by Mayor Greavu. Ayes - all. i ~ 4. Code Amendment - Non-Conforming Uses - 2nd Reading I ~ - 7 - 7/3 I a, Mayor Greavu convened the meeting for a public hearing regarding an amendment to Section 912,010 (5) to permit expansion of a non-conforming use under specified circumstances. The Clerk noted the dates of publication and stated the hearing notice was in order. b. Acting Manager Schaller presented the staff reporto c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponentso None were heard. 1 e, Mayor Greavu closed the public hearing. f. Councilman Anderson introduced the following ordinance and moved its adoption: ORDINANCE NO. 490 1 An Ordinance Amending Chapter ~ 912 of the Municipal Code by Replacing ;J~ Section 912.010 (5) 1 THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: ~ Section 1. Section 912.010 (5) of the Maplewood Code is hereby amended to read as follows: 1 ~ Section 912.010 (5). NONCONFORMING BUILDINGS OR PREMISES. No existing building'.: or premises devoted to a use not permitted in the district in which such building or i premises is located shall be enlarged, reconstructed, or structurally altered, unless.' ' a, required by law or government order; or i ~ b. there would not be a significant affect, as determined by the City through a special use permit, on the development of the parcel as zoned. Section 2. This ordinance shall take effect and be enforced from and after its passage and publication as provided by law. Seconded by Councilperson Juker. Ayes - all. g. Council directed the Planning Commission to investigate deleting Section 912.010 from the Code. 5. Special Use Permit - 1960 Clarence Street - 8:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Elwood Lyng, 1960 Clarence Street for a special use permit to allow ex- pansion of a nonconforming use or approval of a zone change. The Clerk noted the dates of publication and stated the hearing notice was in order. ~ b. Acting Manager Schaller presented the staff report. c. Commissioner Lorraine Fischer presented the following recommendation: I "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the special use permit to allow the expansion of the applicant's home - 8 - 7/3 i as proposed in his application. The basis for approval is that the expansion ~ will not be significant enough to discourage development of the subject parcel as zoned and planned, Approval is subject to the Council adopting the proposed amendment to Section 912,010 (5) of the Code. i Commissioner Fischer seconded. Ayes all." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. 'i f. Mayor Greavu closed the public hearing. ''I g. Mayor Greavu moved to approve the special use permit as requested by Mr. Elwood Lyng 1960 Clarence Street to allow the expansion of his home as recommended by staff and the Planning Commission, I Seconded by Councilperson Juker. Ayes - all. ! J. NEW BUSINESS (continued) Plan Review Appeal: Northwestern Bank - Temporary Building 1 a. Acting Manager Schaller presented the staff report with the recommendation of approval of temporary bank with the following conditions: 1. The ring road access and connection to sanitary sewer, water, and storm sewer facilities are to be approved by Homart and by the City Engineer. 2. An occupancy permit shall not be issued for the temporary bank, until construction has begun on the main building. I 3. A time limit of twelve months from the issuance of the occupancy permit shall be placed on the structure. b. Acting Manager Schaller read the following Community Design Review Board recommendation: "Board Member Herauf moved the Board recommend approval of the proposed temporary bank building subject to the following conditions: 1. The ring road access and connection to sanitary sewer and water facilities and the drainage plan are all to be approved by Homart and by the City Engineer, 2. A time limit of six months or until construction has begun on the per- manent building shall be placed on the temporary structure. 3. A time limit of twelve months from the issuance of the occupancy permit shall be placed on the structure and any renewals are to be brought before the Board. 'I 4. A landscaping plan shall be provided for staff review. 5. Two wall mounted, ten pound ABC fire extinguishers shall be provided. i 6. There shall be two separate exits from the facility, which are clearly ~ marked and unobstructed. 7. Owner and applicant agree to the above conditions in writing. Board Member Penning seconded. Ayes 4 Abstained - Member Mueller." it I - 9 - 7/3 b. A representative of Banco Properties spoke on behalf of the proposal. c. Mayor Greavu moved to approve the request of Banco Properties to place a mobile home on White Bear Avenue north of Beam Avenue to be used as NorthwesternS National Bank temporary building subject to the following conditions: i 1. The ring road access and connection to sanitary sewer and water facilities { and the drainage plan are all to be approved by Homart and by the City Engineer; 2. The temporary building shall be removed within 10 days of permanent building permit occupancy or the City will remove and store at the expense of the owner; 3. A landscaping plan shall be provided for staff review; 4. Two wall mounted, ten pound ABC fire extinguishers shall be provided; 5. There shall be two separate exits from the facility which are clearly 'E.: marked and unobstructed; i 6. Owner and applicant agree to the above conditions in writing. Seconded by Councilman Bastian. Ayes - all. 4. Comprehensive Plan Update Resolution: .Time Extension Request a. Acting Manager Schaller-presented the staff report. Ir b. Councilperson Juker introduced the following resolution and moved its adoption: 80-7-155 WHEREAS, the City of Maplewood will not be able to meet the July 31, 1980 deadline for submission of its Comprehensive Plan to the Metropolitan Council, because of a staff change, lack of staff time, and problems with a consultant; and ~ WHEREAS, the City wishes to produce a high quality plan that accurately and completely reflects the intentions of the City; NOW, THEREFORE, DOES THE CITY COUNCIL OF MAPLEWOOD request a time extension for submission of its Comprehensive Plan to the Metropolitan Council by April 20, 1981. f Seconded by Councilman Bastian. Ayes - all. c. Council directed letters be sent to the Park and Recreation Commission and the ~ Planning Commission commending them for their continued efforts and time spent on the Comprehensive Land Use Plan. 5. Presentation: Frank McGinley a. Mr. McGinley was unable to attend the meeting. K. COUNCIL PRESENTATIONS ~ 1. Amend Rules of Procedures a. Councilman Bastian presented amendments to the Rules of Procedures. b. Councilman Bastian moved to table this item until the meeting of July 17, 1980. - 10 - 7/3 - Seconded by Councilman Anderson, Ayes - all. i 2. Review Third Council Meeting I a. Councilman Anderson commented on the recently adopted 3rd regular Council meeting. b. No action taken. 3. Lawsuit - Beam Avenue Assessments a. Mayor Greavu commented on the letter from the attorney concerning the recent Beam Avenue assessment lawsuit. b. No action taken, 4. Mayor Greavu moved a moratorium on hiring for three months. ~ Seconded by Councilman Bastian. Ayes - Mayor Greavu = Nays - C.ouncilperson Juker, Councilmen Anderson and Bastian. `I. 5. Explanation of Letter from Union a. Mayor Greavu requested an explanation of a letter received from the AFSCME Union regarding the hiring of a secretary. L. ADMINISTRATIVE PRESENTATIONS i ''I 1. Joint Meeting a. Acting Manager Schaller stated the Planning Commission has requested a joint 'i meeting with the Parks Commission and City Council for Monday night, July 28 at 7:30 P.M. in the City Hall Council Chambers. The purpose of the meeting is to discuss the Parks Element of the Comprehensive Plan, including the sections on bike trails. b. Councilman Anderson moved to set July 28, 1980 at 7:30 P.M. as the date for ' the joint meeting of the Council, Planning Commission and Parks and Recreation Commission. '1 Seconded by Councilperson Juker. Ayes - all. 2. Change Order - South End Fire Station a. Acting Manager Schaller stated in the processing of excavating the new fire station site on Londin Lane, an abandoned water pipe was found. It had deteriorated and was crumbling and had to be removed, The cost of this additional work is I covered in change order No. 1 for $668.00. ~ b. Councilman Anderson introduced the following resolution and moved its adoption: I 80- 7-156 RESOLVED, by the City Council of Maplewood, Minnesota, that Change Order Number 1 to the contract for construction of the South End Fire Station in the amount of $688.00 be and hereby is in all things approved. 'i I ~ - 11 - 7/3 FURTHER, that the Mayor and Clerk be and hereby are authorized and instructed to execute the said Change Order for and on behalf of the City. Seconded by Mayor Greavu. Ayes - all. 3. Fund Transfer a. Mayor Greavu moved to approve a budget transfer from the Utility Contingency Account 701-212-4910 to Fees for Services Account 701-212-4480 for the reimbursement j for a sewer service problem at 1935 E. Larpenteur Avenue. 11 Seconded by Councilman Anderson. Ayes - all. 4. Letter to Maplewood State Bank a. Councilperson Juker moved to authorize staff to send a letter to Maplewood State Bank indicating that the Council will not consider any requests for exten- sion of time limits for usage of the temporary building at the NE corner of Beam If_ - Avenue and White Bear Avenue. 11 Seconded by Councilman Anderson. Ayes - all. I 5. Lawsuit - Gifford vs Meehan j a. Councilman Bastian moved to authorize legal counsel to negotiate settlement up to $500.00, Seconded by Councilman Anderson. Ayes - all. ~ M. ADJOURNMENT 10:22 P.M. 1 Ci y Clerk l - 12 - 7/3